Criminals or Patients? Towards a Tragic Conception of Moral and Legal Responsibility.

NARCIS (Netherlands)

Coeckelbergh, Mark

2010-01-01

There is a gap between, on the one hand, the tragic character of human action and, on the other hand, our moral and legal conceptions of responsibility that focus on individual agency and absolute guilt. Drawing on Kierkegaard’s understanding of tragic action and engaging with contemporary discourse

Zasada podwójnego skutku i zasada moralnej symetrii a kwestia legalizacji eutanazji [Principles of Double Effect and Moral Symmetry and Legalization of Euthanasia

Directory of Open Access Journals (Sweden)

Wacław Janikowski

2013-06-01

Full Text Available In this essay I scrutinize importance of Principles of Double Effect and MoralSymmetry in regard to the question of moral acceptance of euthanasia legalization.My conclusion is that although there is no substantially moral difference betweenpassive and active euthanasia, the problem of morally justifiable legalization ofeuthanasia is still not resolved. That is because some reasons suggest the possibilityof special discrepancy between moral acceptability of euthanasia in certain cases andmoral demand to preserve legal prohibition of euthanasia in general. In the paperI criticize the popular opinion that utilitarianism cannot account of why we giveweight to the question of moral permissibility of intentions. I claim that contraryto this false platitude utilitarianism can even accommodate practical relevance ofPrinciple of Double Effect, but not as a valid per se principle.

Waging modern war: An analysis of the moral literature on the nuclear arms debate

International Nuclear Information System (INIS)

Palmer-Fernandez, G.F.

1992-01-01

The primary aim was to examine the dominant views on the subject of deterrence and the use of nuclear weapons, to compare them with each other, and to consider objections that have or might be made against them. A second, more controversial and substantive, aim was to show that nuclear weapons and war-fighting plans engender some disturbing moral dilemmas that call into question fundamental ways of thinking about morality and some of the common intuitions on the relation of intentions and actions. The author examines the moral literature, both religious and secular, on nuclear arms policy written between the early 1960s and the late 1980s. Three different schools of thought, or 'parties,' are identified. To establish the differences among these parties, the author shows the various ways in which judgments on the use of nuclear weapons and on deterrence are linked either by a prohibitive moral principle which draws a moral equivalence going from action to intention or by a factual assumption about the nature of nuclear weapons. He concludes with the suggestion that the dilemmas that arise in the moral evaluation of nuclear deterrence represent a profound and much wider problem in moral theory between the ideals of character and the moral claims of politics

Evaluation of the legal consequences of action affects neural activity and emotional experience during the resolution of moral dilemmas.

Science.gov (United States)

Pletti, Carolina; Sarlo, Michela; Palomba, Daniela; Rumiati, Rino; Lotto, Lorella

2015-03-01

In any modern society killing is regarded as a severe violation of the legal codes that is subjected to penal judgment. Therefore, it is likely that people take legal consequences into account when deciding about the hypothetical killing of one person in classic moral dilemmas, with legal concerns contributing to decision-making. In particular, by differing for the degree of intentionality and emotional salience, Footbridge- and Trolley-type dilemmas might promote differential assignment of blame and punishment while implicating the same severity of harm. The present study was aimed at comparing the neural activity, subjective emotional reactions, and behavioral choices in two groups of participants who either took (Legal group) or did not take (No Legal group) legal consequences into account when deciding on Footbridge-type and Trolley-type moral dilemmas. Stimulus- and response-locked ERPs were measured to investigate the neural activity underlying two separate phases of the decision process. No difference in behavioral choices was found between groups. However, the No Legal group reported greater overall emotional impact, associated with lower preparation for action, suggesting greater conflict between alternative motor responses representing the different decision choices. In contrast, the Legal group showed an overall dampened affective experience during decision-making associated with greater overall action readiness and intention to act, reflecting lower conflict in responding. On these bases, we suggest that in moral dilemmas legal consequences of actions provide a sort of reference point on which people can rely to support a decision, independent of dilemma type. Copyright © 2015 Elsevier Inc. All rights reserved.

Ethical Perspectives, Reactions to Other's Moral Behavior, and Consequent Moral Action.

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Pope, William R.; Forsyth, Donelson R.

In analyzing various moral and legal philosophies, two perspectives emerge, absolute moral rules/higher law, and situationally-specific moral rules/legal positivism. From these two perspectives, four types of individuals emerge in accordance with their degree of adherence to ideological tenets: (1) situationists (high on idealism and relativism);…

Debating Sex: Education Films and Sexual Morality for the Young in Post-War Germany, 1945-1955.

Science.gov (United States)

Winkler, Anita

2015-01-01

After 1945 rapidly climbing figures of venereal disease infections menaced the health of the war-ridden German population. Physicians sought to gain control over this epidemic and initiated large-scale sex education campaigns to inform people about identification, causes and treatment of VD and advised them on appropriate moral sexual behaviour as a prophylactic measure. Film played a crucial role in these campaigns. As mass medium it was believed film could reach out to large parts of society and quickly disseminate sexual knowledge and moral codes of conduct amongst the population. This essay discusses the transition of the initial central role of sex education films in the fight against venereal disease in the immediate post-war years towards a more critical stance as to the effects of cinematographic education of the young in an East and West German context.

Science, ethics and war: a pacifist's perspective.

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Kovac, Jeffrey

2013-06-01

This article considers the ethical aspects of the question: should a scientist engage in war-related research, particularly use-inspired or applied research directed at the development of the means for the better waging of war? Because scientists are simultaneously professionals, citizens of a particular country, and human beings, they are subject to conflicting moral and practical demands. There are three major philosophical views concerning the morality of war that are relevant to this discussion: realism, just war theory and pacifism. In addition, the requirements of professional codes of ethics and common morality contribute to an ethical analysis of the involvement of scientists and engineers in war-related research and technology. Because modern total warfare, which is facilitated by the work of scientists and engineers, results in the inevitable killing of innocents, it follows that most, if not all, war-related research should be considered at least as morally suspect and probably as morally prohibited.

How empathy, egocentrism, Kohlberg's moral development, and Erikson's psychosocial development are related to attitudes toward war.

Science.gov (United States)

Westman, A S; Lewandowski, L M

1991-12-01

In this exploratory study 91 students took a questionnaire which measured their feelings of oneness with all humanity, their egocentrism, level of moral development according to Kohlberg, psychosocial development according to Erikson, and their attitude toward war, diplomacy, the Gulf war, civilians and soldiers in the Gulf area, etc. The hypothesis that empathy with humankind leads to concern about those involved and opposition to war was supported. These individuals were more likely to endorse values expressed in Kohlberg's Level 6. Students endorsing Level 4, law-and-order mortality, especially if they had no friends overseas and used no news source other than the usual U.S. mass media, were more likely to be pro-war, believe President Bush and the military briefings, and opposite reliance on diplomacy. If people had experienced war, they were more frequently against it. However, hardship experienced, lack of egocentrism, believing in a greater good for a greater number of people (Kohlberg's Level 5), and Erikson's psychosocial development were not associated with students' orientation toward war. Further research is suggested.

The bureaucratization of war: moral challenges exemplified by the covert lethal drone

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Richard Adams

2013-12-01

Full Text Available This article interrogates the bureaucratization of war, incarnate in the covert lethal drone. Bureaucracies are criticized typically for their complexity, inefficiency, and inflexibility. This article is concerned with their moral indifference. It explores killing, which is so highly administered, so morally remote, and of such scale, that we acknowledge a covert lethal program. This is a bureaucratized program of assassination in contravention of critical human rights. In this article, this program is seen to compromise the advance of global justice. Moreover, the bureaucratization of lethal force is seen to dissolve democratic ideals from within. The bureaucracy isolates the citizens from lethal force applied in their name. People are killed, in the name of the State, but without conspicuous justification, or judicial review, and without informed public debate. This article gives an account of the risk associated with the bureaucratization of the State's lethal power. Exemplified by the covert drone, this is power with formidable reach. It is power as well, which requires great moral sensitivity. Considering the drone program, this article identifies challenges, which will become more prominent and pressing, as technology advances.

What makes health public?: a critical evaluation of moral, legal, and political claims in public health

National Research Council Canada - National Science Library

Coggon, John

2012-01-01

.... Covering important works from legal, moral, and political theory, public health, public health law and ethics, and bioethics, this is a foundational text for scholars, practitioners and policy bodies interested in freedoms, rights and responsibilities relating to health"--

Monetary impacts and currency wars: a blind spot in the discourse about Transnational Legal Orders

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Marcus Faro de Castro

Full Text Available Abstract The literature on transnational legal orders (TLOs establishes new criteria for the elaboration of analyses regarding complex legal and economic issues which transcend the nation state. By looking into the so-called "currency war" controversy of 2010-2013, the paper argues that TLO theory remains limited in its ability to shed light on relevant aspects of cross-border impacts of monetary policy changes.

A lesion model of envy and Schadenfreude: legal, deservingness and moral dimensions as revealed by neurodegeneration

Science.gov (United States)

Santamaría-García, Hernando; Baez, Sandra; Reyes, Pablo; Santamaría-García, José A; Santacruz-Escudero, José M; Matallana, Diana; Arévalo, Analía; Sigman, Mariano; García, Adolfo M; Ibáñez, Agustín

2017-01-01

Abstract The study of moral emotions (i.e. Schadenfreude and envy) is critical to understand the ecological complexity of everyday interactions between cognitive, affective, and social cognition processes. Most previous studies in this area have used correlational imaging techniques and framed Schadenfreude and envy as unified and monolithic emotional domains. Here, we profit from a relevant neurodegeneration model to disentangle the brain regions engaged in three dimensions of Schadenfreude and envy: deservingness, morality, and legality. We tested a group of patients with behavioural variant frontotemporal dementia (bvFTD), patients with Alzheimer’s disease, as a contrastive neurodegeneration model, and healthy controls on a novel task highlighting each of these dimensions in scenarios eliciting Schadenfreude and envy. Compared with the Alzheimer’s disease and control groups, patients with bvFTD obtained significantly higher scores on all dimensions for both emotions. Correlational analyses revealed an association between envy and Schadenfreude scores and greater deficits in social cognition, inhibitory control, and behaviour disturbances in bvFTD patients. Brain anatomy findings (restricted to bvFTD and controls) confirmed the partially dissociable nature of the moral emotions’ experiences and highlighted the importance of socio-moral brain areas in processing those emotions. In all subjects, an association emerged between Schadenfreude and the ventral striatum, and between envy and the anterior cingulate cortex. In addition, the results supported an association between scores for moral and legal transgression and the morphology of areas implicated in emotional appraisal, including the amygdala and the parahippocampus. By contrast, bvFTD patients exhibited a negative association between increased Schadenfreude and envy across dimensions and critical regions supporting social-value rewards and social-moral processes (dorsolateral prefrontal cortex, angular

Sustainable Development, Moral Law and Legality in Defense of Cultural and Landscape Heritage

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Giampaolo Maria Cogo

2017-07-01

Full Text Available Moved by Pope Frances’ urgent call to protect our common home by dealing with the environmental challenge and its human roots to achieve sustainable and integral development, the historical-legislative and institutional recognition act was drawn up on the protection and valorization of cultural-landscape-environmental heritage, matrix of the progress of civilization outlined in the fundamental principles of the Italian Constitution in the “cultural programme” focused on the relationship between cultureperson and environment-person. It recalls the action of the institutions to protect nature and the ecological-environmental balance and the activities of international organizations to safeguard nature from human actions. They are a sign of the critical issues of codification in the field of cultural, landscape and environmental heritage (2006-2009 due to a departure from natural legal right (jus envisaged as a moral law for enjoyment, compatible with a loving, responsible and prudent use, aimed at guaranteeing an integral sustainable development for future generations. In losing the natural moral law, one encounters the decisive factor in the fall of legality, with serious consequences for heritage protection and people’s growth, based on shared standards. A glimmer of hope can be discerned in the community/EU legislation to harmonize the protection and valorization of the environment according to criteria of substantive law, where the primary aims for the guarantee of future generations lead to regulatory processes anchored to the ethics of natural moral law, under the bulwark of true cooperation and good faith, in a strict justicial and sanctioning system, tempered by the use of fairness when the general interest of the common good prevails.

Legalisation of Civil Wars

DEFF Research Database (Denmark)

Buhl, Kenneth Øhlenschlæger

2009-01-01

This article is concerned with the legal challenges of regulating civil wars in international humanitarian law. Civil war is not a term used in international law; it falls however, withing the context of the legal term 'armed conflicts not of an international character', although the shorter 'non......-international armed conflict' is used here. Civil wars are usually limited to the territory of a state. Considering that international law is generally concerned with the legal relations between states – being a legal system based on the system of states with states as its subjects – the main question is how civil...... wars as internal conflicts have become subject to international humanitarian law....

A lesion model of envy and Schadenfreude: legal, deservingness and moral dimensions as revealed by neurodegeneration.

Science.gov (United States)

Santamaría-García, Hernando; Baez, Sandra; Reyes, Pablo; Santamaría-García, José A; Santacruz-Escudero, José M; Matallana, Diana; Arévalo, Analía; Sigman, Mariano; García, Adolfo M; Ibáñez, Agustín

2017-12-01

The study of moral emotions (i.e. Schadenfreude and envy) is critical to understand the ecological complexity of everyday interactions between cognitive, affective, and social cognition processes. Most previous studies in this area have used correlational imaging techniques and framed Schadenfreude and envy as unified and monolithic emotional domains. Here, we profit from a relevant neurodegeneration model to disentangle the brain regions engaged in three dimensions of Schadenfreude and envy: deservingness, morality, and legality. We tested a group of patients with behavioural variant frontotemporal dementia (bvFTD), patients with Alzheimer's disease, as a contrastive neurodegeneration model, and healthy controls on a novel task highlighting each of these dimensions in scenarios eliciting Schadenfreude and envy. Compared with the Alzheimer's disease and control groups, patients with bvFTD obtained significantly higher scores on all dimensions for both emotions. Correlational analyses revealed an association between envy and Schadenfreude scores and greater deficits in social cognition, inhibitory control, and behaviour disturbances in bvFTD patients. Brain anatomy findings (restricted to bvFTD and controls) confirmed the partially dissociable nature of the moral emotions' experiences and highlighted the importance of socio-moral brain areas in processing those emotions. In all subjects, an association emerged between Schadenfreude and the ventral striatum, and between envy and the anterior cingulate cortex. In addition, the results supported an association between scores for moral and legal transgression and the morphology of areas implicated in emotional appraisal, including the amygdala and the parahippocampus. By contrast, bvFTD patients exhibited a negative association between increased Schadenfreude and envy across dimensions and critical regions supporting social-value rewards and social-moral processes (dorsolateral prefrontal cortex, angular gyrus and

Prevention of the Moral Degradation of Society as one of the Purposes of State and Legal Policy of the Russian Federation

Directory of Open Access Journals (Sweden)

Julia O. Bragina

2015-06-01

Full Text Available Prevention of falling of moral and moral installations, cultural traditions is an actual problem of the modern Russian state. Constitution of the Russian Federation sets justice bases, thereby defining the democratic contents and embodying the requirement of idea of justice and humanity. At the same time concepts of morals, moral thereof, questions of spiritual and moral character are out of a legal framework aren't enshrined in the legislation. On the basis of the Country constitution, according to the Law of the Russian Federation "About education" the Concept of spiritual and moral education of the Russian school students in which basic values are stated is developed: patriotism, social solidarity, civic consciousness, a family, work and creativity, science, those moral installations which would provide successful development of the state.

Between Legal Recognition and Moral Policing: Mapping the Queer Subject in India.

Science.gov (United States)

Singh, Pawan

2016-01-01

With the decriminalization of homosexuality in India in 2009, Indian queer subjects have become visible in various ways. Where Indian queer identities have asserted their public presence through Pride marches and protests, incidents of moral policing and surveillance, especially after decriminalization, have highlighted the broader social and religious attitudes that continue to pathologize homosexuality with grave outcomes. This article argues that debates around access to health care of Indian queer subjects must be framed against the social and religious pathologization of homosexuality in various contexts, which remains a primary bioethical dilemma, particularly in relation to legal change.

Constructing Citizenship through War in the Human Rights Era

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Timothy William Waters

2017-01-01

Full Text Available War’s historical relationship to the creation of territorial nation-states is well known, but what empirical and normative role does war play in creating the citizen in a modern democracy? Although contemporary theories of citizenship and human rights do not readily acknowledge a legitimate, generative function for war – as evidenced by restrictions on aggression, annexation of occupied territory, expulsions, denationalization, or derogation of fundamental rights – an empirical assessment of state practice, including the interpretation of international legal obligations, suggests that war plays a powerfully transformative role in the construction of citizenship, and that international law and norms implicitly accept this. Dominant discourses on citizenship in the liberal and cosmopolitan traditions focus on the individual as the unit of analysis and normative concern, and on his rights against the state. At the same time, the choice of how to construct citizenship – to whom to grant it or from whom to withhold it, and what content to give citizenship – is closely linked to questions of security and identity: citizenship either presupposes or purports to create some measure of common identity among citizens, and implies obligations as well as rights. This chapter argues that, in assessing legal and moral positions, this role – if not necessarily approved – must be accounted for to achieve a fuller understanding of how peace, war and rights are related. Human rights may be conceptualized as universal, but their application and specific content are often mediated through the state, and therefore understanding how states retain the ability to define the contours of citizenship, including through the effects of war, is critical to an understanding of the actual scope of human rights as a legal enterprise and a lived experience. The article will examine the formal limits placed on war as an instrument that could affect citizenship; then

Latest legal and social developments in the euthanasia debate: bad moral consciences and political unrest.

Science.gov (United States)

Ferreira, N

2007-06-01

Several events that took place during recent years, such as the French Act on the rights of patients and the end of life, the Terri Schiavo case and Lord Joffe's proposal for an Assisted Dying Bill in the United Kingdom, have triggered the debate on euthanasia more than ever. It is therefore opportune to revisit basic notions related thereto and to make a comparative analysis of the legal regime of euthanasia in several countries in Europe and elsewhere, as well as to try to see how the public awareness of the problem has of late developed. There seems to be a clear trend in many legal systems towards an increasing respect for the patient's right to self-determination. However, we are still looking at a complex social game, where legal and medical terminology are manipulated and euphemisms are invented in order to accommodate bad moral consciences and avoid political unrest.

On Teaching Morality to Law Students.

Science.gov (United States)

Modjeska, Lee

1991-01-01

Within the limits of law and process, the lawyer's concern must be the client's cause, not his own agenda. Effective legal representation requires objectivity. The lawyer's role is to counsel legality, not morality, and the law school's responsibility is to teach law, not moral obligation. (MSE)

Climate wars and fat wars: A new role for law

Directory of Open Access Journals (Sweden)

Irma J. Kroeze

2017-10-01

Full Text Available Public trust in science is eroding because of a number of conflicts. In the sphere of climate science and of nutrition science, a basic methodological difference between scientists has escalated into what can be called wars. These wars are the result of influences such as personalities of leading scientists and powerful commercial and political interests. The wars have escalated to such an extent that leading scientists are being threatened with legal action and disciplinary procedures for advocating divergent views. These legal processes are not primarily about the procedural aspects of their actions, but are couched as being ‘about the science’. This means that legal processes are being used to ‘settle’ the science – something that the law has never been required to do. This new role for law has implications for legal education and requires that lawyers become more capable to understand empirical research.

Nordic Moral Climates. Value Continuities and Discontinuities in Denmark, Finland, Norway and Sweden

DEFF Research Database (Denmark)

Bondeson, Ulla V.

Morality, Crime and Punishment, Legal Sociology, Legal Philosophy, Politology, Scandinavia, Comparatilve Studies, Criminology......Morality, Crime and Punishment, Legal Sociology, Legal Philosophy, Politology, Scandinavia, Comparatilve Studies, Criminology...

THE "COMFORT WOMEN" OF THE PACIFIC WAR

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JULIA YURI OKAMOTO

2013-12-01

Full Text Available During the pacific war, about 80 to 200 thousand women were mobilized by the Japanese imperial army to sexually serve its soldiers, in one of world’s largest cases of human trafficking. Most of the victims, euphemistically known as "comfort women", came from Korea, Japan's colony at the time, and was attracted by false promises of employment or simply kidnapped by Japanese troops. Taken to military brothels throughout the pacific, they were subjected to repeated rape and beatings. Some of them, as young as age 12, were daily forced to have sex with Japanese soldiers, 10, 30, 50 times a day. The few women who survived and were able to return home at the end of the war continued to suffer for their past, through psychological trauma and social ostracism. They remained silent about their experience because of fear and shame. These women would have like to live in peace, being wives, mothers, sisters, grandmothers ... but this choice was denied to all. None received any compensation from the Japanese government official, who continues to evade its legal and moral responsibilities regarding war crime. Sixty-eight years later, they are still waiting for justice.

Moral virtues

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Georg Spielthenner

2004-01-01

Full Text Available Although much has been published on virtues in recent years, there is still considerable uncertainty in philosophy (and even more among philosophical laymen about the concept of a virtue and especially about moral virtues. In this article, I will try to clarify these notions. In particular, I want to answer the question: When are virtues moral virtues? Clearly, not every practical virtue is a moral virtue. Why was the courage of the Nazi soldiers in the second world war not a moral virtue, but yet is presumably one if included among the cardinal virtues? To clarify this question, this article will deal with the concept of a virtue but I will also investigate the notion of virtues being of a moral nature. To this end, I propose and explain (I a definition of moral virtues and clarify this definition further in section (II, by explaining why I did not include qualities, which others have considered as essential.

The Moral Hazard of La Celestina. A Legal-Economic and Literary Interdiscursive Analysis on the Circularity of Goods

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Carlota Fernández-Jáuregui Rojas

2014-05-01

Full Text Available The connection between elements of legal-economic and the literary work is proposed as to the case of La Celestina. An interdiscursive analysis is achieved in order to explain a legal-economic component which is necessary for the textual and literary constitution of this work. The chain of chance in La Celestina is a commercial chain built up upon a series of contracts that outcome with an ironic structure and purpose: the equalisation between the haste in living and the haste in dying ends up in the innate misfortune that the gift provides in order to receive a counter-gift. The general misfortune in the work is a consequence of that inverse gift and this conversion will explain the ironical deaths of Melibea (the only character who, without any will, has a desire to die and Celestina (since she will not be a part of the chain created by herself. The love business, to which every character is thrown into, is considered in terms of “moral hazard”, concept used regularly in insurance’s vocabulary. Therefore, “moral hazard” as a concept will be brought to the interpretative field of interdiscursive studies in order to consider the risks of economical gift in relation to the goods and the legal spoken exchange of promises.

Cultural War of Values

DEFF Research Database (Denmark)

Hervik, Peter

2014-01-01

Cultural War of Values: The Proliferation of Moral Identities In the Danish Public Sphere Peter Hervik (Aalborg University) This chapter looks at the drastic shift in the construction of minority others that came with the emergence of neo-nationalism, neo-racism and radical right populism...... in the post-1989 world. Through an analysis of a political philosophy launched in Denmark in the 1990s called the “Cultural War of Values”, I show that the moral identities proliferating in the Danish public sphere are fundamentally anti-political correct, anti-multiculturalist, and anti......-Marxist as confrontation is also directed at political adversaries. Thus, the chapter’s key argument is that the social construction of thick minority identities can only be understood in relation to the cultural war of value strategy aimed at domestic political opponents....

Moral repugnance, moral distress, and organ sales.

Science.gov (United States)

Taylor, James Stacey

2015-06-01

Many still oppose legalizing markets in human organs on the grounds that they are morally repugnant. I will argue in this paper that the repugnance felt by some persons towards sales of human organs is insufficient to justify their prohibition. Yet this rejection of the view that markets in human organs should be prohibited because some persons find them to be morally repugnant does not imply that persons' feelings of distress at the possibility of organ sales are irrational. Eduardo Rivera-Lopez argues that such instinctive distress is an appropriate response to the (rationally defensible) perception that certain kinds of arguments that are offered in favor of legalizing organ sales are "in an important sense, illegitimate." Having argued that repugnance should not ground the prohibition of markets in human organs, I will also argue that the moral distress that some feel towards certain arguments that favor such markets is not rationally defensible, either. © The Author 2015. Published by Oxford University Press, on behalf of the Journal of Medicine and Philosophy Inc. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

The Rights of Undocumented Mexicans in the United States after "Plyler v. Doe": A Sketch of Moral and Legal Issues.

Science.gov (United States)

Garcia y Griego, Manuel

1986-01-01

Analyzes moral and legal obligations the U.S. has toward undocumented Mexicans in the U.S. Reviews past cases and draws implications regarding the nature and extent of such obligations. Discusses several court decisions regarding the rights of undocumented migrants. Provides an overview of trends in Mexican-US migration. (MD)

Moral, Ethical and Legal Considerations with the Use of Drugs for Performance Maintenance in the Canadian Forces

Science.gov (United States)

2009-10-01

drugs . Most controlled drugs with performance maintenance characteristics would fall under schedule 3 of the Act. CF members’ consumption of performance...21 - 4 RTO-MP-HFM-181 Disorder (ADHD) to increase attention. Caffeine itself is the world’s most widely used psychoactive drug and by far the...RTO-MP-HFM-181 21 - 1 Moral, Ethical and Legal Considerations with the Use of Drugs for Performance Maintenance in the Canadian Forces

Predictors of Moral Disengagement in Sport.

Science.gov (United States)

Shields, David Light; Funk, Christopher D; Bredemeier, Brenda Light

2015-12-01

Researchers have made productive use of Bandura's (1991) construct of moral disengagement (MD) to help explain why sport participants deviate from ethical ideals. In this study of intercollegiate athletes from diverse sports (N = 713), we examined MD in relation to other character-related variables: empathy, moral identity, moral attentiveness, and contesting orientations. We also examined whether moral attentiveness conforms to the pattern of "bracketed morality" found in moral reasoning (Shields & Bredemeier, 1995) and moral behavior (Kavussanu, Boardley, Sagar, & Ring, 2013). Results indicated that MD correlated positively with perceptual moral attentiveness and war contesting orientation; MD correlated negatively with empathy, moral identity, reflective moral attentiveness, and partnership contesting orientation. Results of hierarchical regression demonstrated that gender, contesting orientations, moral identity, and one form of moral attentiveness were significant predictors of MD. Finally, sport participants were found to be less morally attentive in sport than in everyday life.

Morally sensitive issues and cross-border movement in the EU. The cases of reproductive matters and legal recognition of same-sex relationships

NARCIS (Netherlands)

Koffeman, Nelleke Renate

2015-01-01

Within the European Union there is considerable diversity in morally sensitive issues like legal recognition of same-sex relationships and reproductive matters such as abortion, assisted human reproduction and surrogacy. Cross-border movement within the EU exposes and affects this diversity, as it

A Historical Overview and Contemporary Expansion of Psychological Theories of Determinism, Probabilistic Causality, Indeterminate Free Will, and Moral and Legal Responsibility

Science.gov (United States)

Wilks, Duffy; Ratheal, Juli D'Ann

2009-01-01

The authors provide a historical overview of the development of contemporary theories of counseling and psychology in relation to determinism, probabilistic causality, indeterminate free will, and moral and legal responsibility. They propose a unique model of behavioral causality that incorporates a theory of indeterminate free will, a concept…

Legal nature of the crimes at Paris. Terrorism or war crimes?

Directory of Open Access Journals (Sweden)

Raúl F. Campusano Droguett

2017-05-01

Full Text Available In this text we analyse from a legal point of view, the crimes committed in Paris on November 13th of 2015 by the criminal organization ISIS. As a general perception, these acts are understood as “acts of terrorism”, witch we think it is not the best option, not only because there is not an international definition of “acts of terrorism”, but also because the definitions domestic legislation use for such kind of acts are technically wrong and usually affect the due process of law. We think, as a second option, that these acts are actually war crimes under the Rome Statute of 1998 and the Geneva Convention with their Additional Protocols, which could become an effective option under procedure law.

The moral ties that bind . . . Even to out-groups: the interactive effect of moral identity and the binding moral foundations.

Science.gov (United States)

Smith, Isaac H; Aquino, Karl; Koleva, Spassena; Graham, Jesse

2014-08-01

Throughout history, principles such as obedience, loyalty, and purity have been instrumental in binding people together and helping them thrive as groups, tribes, and nations. However, these same principles have also led to in-group favoritism, war, and even genocide. Does adhering to the binding moral foundations that underlie such principles unavoidably lead to the derogation of out-group members? We demonstrated that for people with a strong moral identity, the answer is "no," because they are more likely than those with a weak moral identity to extend moral concern to people belonging to a perceived out-group. Across three studies, strongly endorsing the binding moral foundations indeed predicted support for the torture of out-group members (Studies 1a and 1b) and withholding of necessary help from out-group members (Study 2), but this relationship was attenuated among participants who also had a strong moral identity. © The Author(s) 2014.

Ethics as a Moral Philosophy

OpenAIRE

Samuel, Asumadu-Sarkodie

2015-01-01

We live in a time marked by "culture war". Having lost a dominant moral consensus, we are struggling in our courts, voting booths, and even in our churches to resolve the difficult moral issues that are separating us. Many have decided that the answer is tolerance, open-mindedness and mutual respect. While others are convinced that there is time "to be our brother's keeper". They are certain that we cannot afford to merely abandon the moral values of the past and act as if it doesn't matter w...

Nuclear strategy: the doctrine of just war

International Nuclear Information System (INIS)

Raman, Sudha

2006-01-01

It is essential that there be growth in a man's moral standing if he has to deal with the great powers given to him-the greatest being the power to destroy. The bequest of history, diplomacy and war is undeniably disconcerting for the evidence it provides on the role of morality, in life. A return to the ancient and forgotten art of moral reasoning, especially while formulating strategic policies, is de rigueur. The discovery of the nuclear weapons has indeed been serendipitous. And the environment in which one fashions the strategic doctrine for use of nuclear weapons is dynamic. The usefulness of these nuclear weapons is narrow and specific in that its sole purpose is to deter a nuclear attack. History has been witness to strategies been woven around this central theme of deterring a rival or enemy nation, in the process forgetting the existence of the moral threshold. Deterrence is a policy that fashions a situation whereby war can be limited if not averted. It rests on the capability of a nation to deter the enemy and ensure that the credibility of the threat is maintained and respected and employed when necessary. Nuclear weapons deter but there is the pursuit of the absolute means to seek foolproof deterrence. Herein lies the dilemma. The stakes involved in a nuclear war and the use of these weapons stimulate varied and worried debates. To justify a war, arguments tend to get grounded on 'justwar'. The doctrine of Just War is concerned not with what men did in war but what they ought to do or refrain from doing; the jus ad bellum or justification of war and the jus in bello or the limitation of war. The U.S. now stands as the sole 'super' power that is willing to use its military and technical might for a 'just cause'. This has only ensured that though the uniquely perilous results of the use of nuclear weapons have been understood, its use remains entrenched in the mind while future policy decisions are being made. And nuclear weapons 'explode the theory of

The Culture War and Issue Salience

DEFF Research Database (Denmark)

Wroe, Andrew; Ashbee, Edward; Gosling, Amanda

2014-01-01

-time data and nonlinear regression. It finds (1) that there was a steady and significant increase in concern about traditional moral issues between the early 1980s and 2000, but (2) that the over-time increase was driven by an upward and equal shift in the importance attached to traditional moral issues......Despite much talk of a culture war, scholars continue to argue over whether the American public is divided on cultural and social issues. Some of the most prominent work in this area, such as Fiorina's Culture War?, has rejected the idea. However, this work has in turn been criticized for focussing...

Relationships among Moral and Contesting Variables and Prosocial and Antisocial Behavior in Sport

Science.gov (United States)

Shields, David Light; Funk, Christopher D.; Bredemeier, Brenda Light

2018-01-01

The current study of US intercollegiate athletes (n = 1066) involved in multiple sports investigated relationships among moral (moral reasoning maturity, moral value evaluation [MVE], and moral identity), contesting (partnership and war orientations) and behavioral (prosocial and antisocial) variables in sport. Among other relationships, results…

The inevitability of moral evaluation

NARCIS (Netherlands)

Rijpkema, P.

2011-01-01

According to contemporary legal positivism, law claims to create obligations. In order for law to be able to create obligations, it must be capable of having authority. Legal positivism claims that for law to be capable of having authority, it only has to meet non‐moral or non‐normative conditions

Hubungan Antara Fakta Norma, Moral, dan Doktrin Hukum Dalam Pertimbangan Putusan Hakim

Directory of Open Access Journals (Sweden)

A Salman Maggalatung

2015-05-01

Full Text Available Abstract: The Correlation among Facts, Norms, Moral and Legal Doctrine in Consideration of a Judge's Decision. A judge must be able to explore and understand the legal values ​​that live in the community, maintain their independence, applying legal norms with high moral, ethical and adhere to a code of professional conduct, attention to doctrine and the views of legal experts in making a decision. This research aims to identify and analyze the correlation between facts, norms, moral and legal doctrine in consideration of a judge's decision. In addition to knowing the scope of the relationship between the existing facts, norms should be used as the base, and how much influence a judge moral (law enforcement in the decision and determination of the law. This study uses a qualitative-analysis-normative juridical and sociological-empirical. Abstrak: Hubungan Antara Fakta, Norma, Moral, dan Doktrin Hukum Dalam Pertimbangan Putusan Hakim. Seorang hakim harus mampu menggali dan memahami nilai-nilai hukum yang hidup dalam masyarakat, menjaga kemandiriannya, menerapkan norma hukum dengan moralitas yang tinggi, mematuhi etika dan kode etik profesi, memperhatikan doktrin dan pandanganpandangan para Ahli hukum dalam pengambilan sebuah putusan. Penulisan bertujuan untuk mengetahui dan menganalisis hubungan antara fakta, norma, moral, dan doktrin hukum dalam pertimbangan sebuah putusan hakim. Ruang lingkup tulisan ini meliputi hubungan antara fakta-fakta yang ada, norma-norma yang patut dijadikan dasar, dan seberapa besar pengaruh moral seorang hakim dalam pengambilan dan penetapan hukum. Metode yang digunakan kualitatifanalisis dengan pendekatan yuridis-normatif dan sosiologis-empiris. DOI: 10.15408/jch.v1i2.1462

Morality and politics: Comparing alternate theories.

Science.gov (United States)

Miles, Andrew; Vaisey, Stephen

2015-09-01

Debates about the American "culture wars" have led scholars to develop several theories relating morality to political attitudes and behaviors. However, researchers have not adequately compared these theories, nor have they examined the overall contribution of morality to explaining political variation. This study uses nationally representative data to compare the utility of 19 moral constructs from four research traditions - associated with the work of Hunter, Lakoff, Haidt, and Schwartz - for predicting political orientation (liberalism/conservatism). Results indicate that morality explains a third of the variation in political orientation - more than basic demographic and religious predictors - but that no one theory provides a fully adequate explanation of this phenomenon. Instead, political orientation is best predicted by selected moral constructs that are unique to each of the four traditions, and by two moral constructs that crosscut them. Future work should investigate how these moral constructs can be synthesized to create a more comprehensive theory of morality and politics. Copyright © 2015 Elsevier Inc. All rights reserved.

The Ethical Justification of the Thesis that Separates Law from Morality Through John Austin

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Galvão Rabelo

2015-12-01

Full Text Available The british legal philosopher John Austin stands at the threshold of the evolution of the legal positivist tradition. His work, which dates back to the first half of the 19th century, was especially important to establish the basic elements of this school of legal understanding. Among his contributions to the legal positivist doctrine, lies the creation of the thesis that separates morality from law. Under an ethical context, however, John Austin was an ardent utilitarian who defended the use of the principle of utility as the only rational criteria for the unveiling of superior moral standards (divine laws. Considering both dimensions of his understanding, it has long been wondered if his utilitarian ethics have influenced, somehow, his legal theory, especially in regards to the separation thesis. Said thesis, which is in the center of the legal positivist tradition, has been interpreted in different ways in contemporary legal debate. A particular branch, called ethical positivism, opened new perspectives to the study of this tradition, defending the legal positivism theory as a morally satisfactory theoretical model for the contemporary legal systems. Hence, using the main premise of ethical positivism (which states that there are moral reasons to defend the separation thesis as an interprative and methodological tool, this paper plans on revisiting the link between John Austins legal and ethical convictions, in order to comprehend what were the moral reasons which led him to defend the separation of what law is and what it should be.

Redefining the Moral and Legal Roles of the State in Everyday Life: The New Life Movement in China in the Mid-1930s

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Wennan Liu

2013-06-01

Full Text Available Chiang Kai-shek launched the New Life Movement in Nanchang in February 1934 to revive traditional morality by reforming people’s daily behavior. In response to civil leader Wang Jingwei’s challenge, Chiang agreed to deploy moral suasion to urge the Chinese people to observe the New Life directives, but he still integrated the movement into government routine and relied on government agents, especially policemen, to implement it. Contemporary politicians and commentators understood this movement as an effective way to cultivate qualified citizens and to maintain social order in the power void caused by the retreat of the traditional rule of morality and the deficiency of the rule of law, so the New Life Movement was located in a new domain of state control between morality and law. Although this new domain was similar to the Western state apparatus of disciplining the population to produce “docile bodies” in the Foucauldian sense, it was actually an integral part of China’s own modernizing process, in which the state redefined its moral and legal role in people’s everyday lives in order to build a modern nation-state.

"Are You Prepared to Defend the Decisions You've Made?" Reflective Equilibrium, Situational Appreciation, and the Legal and Moral Decisions of School Leaders

Science.gov (United States)

Pauken, Patrick

2012-01-01

This purpose of the study was to explore moral literacy and legal reasoning through educational leadership decision making. Participants in the study were students enrolled in a law and ethics course in an educational leadership graduate program. Each student drafted a personal code of ethics at the beginning of the course. Throughout the course,…

Justo García Morales

OpenAIRE

García Melero, Luis Angel

2008-01-01

The purpose of this paper is to provide a brief biography of Justo Garcia Morales on the occasion of the presentation of his Memoirs of a militant red, issued by the municipality of Orihuela, and written during the Spanish civil war. Justo Garcia Morales was also a librarian, literary critic and director of several collections of printed facsimiles of antique Spanish. Its activity as a librarian focused on the bibliographic information and the assessment and acquisition of Spanish literary an...

Questioning the Moral Understanding of Law

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Pavčnik Marijan

2017-06-01

Full Text Available The primary content-related framework we are bound to are the basic human rights as established in the constitution. These basic rights may change and develop, yet as the heritage of our political and legal culture, they possess such a solid core meaning that only a “dogmatic sceptic” (G. Radbruch can doubt it. In societies with plural values, the moral values expressed by the basic human rights are the most solid moral basis of law. The moral understanding of law is necessarily accompanied by a moral criticism of law. Such criticism is often not pleasing to the authorities, but it cannot be avoided if one wants to live up to our responsibility towards nature, society and future generations. A lawyer who is not interested in these issues and only sticks to the letter of the law acts in a fossilized manner and does not enrich the life that the law is intended for. Legal thought should always have its meaning, as Smole’s Antigone would say.

The Lessons of the Vietnam War.

Science.gov (United States)

Starr, Jerold M., Ed.

This text book on the Vietnam War is to be used in teaching high students. Each of the volume's 12 chapters is a self-contained unit on an aspect of the War. The chapters are: (1) Introduction to Vietnam: land, history, and culture; (2) America at war in Vietnam: decisions and consequences; (3) Was the Vietnam War legal? (4) who fought for the…

In Defense of Deterrence. The Relevance, Morality and Cost-Effectiveness of Nuclear Weapons

International Nuclear Information System (INIS)

Tertrais, Bruno

2011-10-01

Since 1945, nuclear deterrence has been the target of continuous criticism on strategic, legal and moral grounds. But in the past five years, the renewed debate on nuclear disarmament has been accompanied by an increase in such criticism. Efforts led by four US statesmen, or the more radical 'Global Zero' movement, as well as various diplomatic initiatives, have been accompanied by a flurry of new, serious academic studies questioning the legitimacy of nuclear weapons. More than ever, nuclear deterrence is attacked by many, both on the 'Left' and on the 'Right'. To the traditional arguments related to the credibility, the legality or the morality of nuclear deterrence are now added two other factors. First, nuclear weapons, it is argued, have limited value vis-a-vis proliferation and terrorism, and such risks bolster the case for nuclear disarmament. Second, alternatives such as high-precision conventional means and missile defense are said to now be much more effective than they were in the past. What follows is an attempt to respond to those arguments and offer a proper defense of nuclear deterrence. It is essentially devoted to the most traditional and widely used form of nuclear deterrence, that is, deterrence through the threat of nuclear retaliation ('deterrence by punishment'). It begins with revisiting and addressing the two classic criticisms of nuclear deterrence: its validity as a war-prevention mechanism (Part One, 'Nuclear Deterrence Works'), and its legality as well as morality (Part Two, 'Nuclear Deterrence Is Neither Immoral Nor Illegal'). It then goes on to address criticisms which, without being entirely new, have gained in importance in recent years: first, the cost-effectiveness of nuclear deterrence, in particular vis-a-vis so-called possible alternatives such conventional deterrence and missile defense (Part Three, 'Nuclear Deterrence is Cost-Effective'); second, the validity of nuclear deterrence in the context of twenty-first century

LEGAL STATUS OF WARSHIP WRECKS FROM WORLD WAR II IN INDONESIAN TERRITORIAL WATERS (INCIDENT OF H.M.A.S. PERTH COMMERCIAL SALVAGING

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Senada Meskin

2015-12-01

Full Text Available Second World War was one of the most devastating experiences that World as a whole had to endure. The war left so many issues unhandled, one such issue is the theme of this thesis, and that is to analyze legal regime that is governing sunken warships. Status of warship still in service is protected by international law and national law of flag State, stipulating that warships are entitled on sovereign immunity. The question rises whether or not such sovereign immunity status follows warship wreck? Contemporary international law regulates very little considering ‘sovereign wrecks’, but customary international law, municipal court decisions and State practices are addressing issue quite profoundly, stating that even the warship is no longer in service it is still entitled on sovereign immunity status. HMAS Perth is Australian owned warship whose wreck current location is within Indonesian Territorial Sea. Recent reports show that commercial salvaging has been done, provoking outrage amongst surviving HMAS Perth’s naval personnel and Australian historians. In order to acquire clear stand point on issue of Sovereign Wrecks legal status, especially of HMAS Perth’s wreck, an in-depth analysis of legal material is necessary. Keywords: Territorial Waters, Warship, Warship Wreck, Salvage

Moral Education in Japan

DEFF Research Database (Denmark)

Roesgaard, Marie Højlund

‘religion’ is not a subject in schools. So, how do the Japanese go about the business of teaching values and morality? Using the Japanese example, this volume looks at moral education from the basic point of view of universal and common human values, with due attention given to culture-specific traits...... in the legal frame work (the Fundamental Law on Education was revised in 2006) and the ministerial guidelines and policies (new curriculum guidelines have been issued after the law change, and new proposals for strengthening the position of moral education come on a regular basis) have reflected the increased......What is a ‘good’ person and how do we educate ‘good’ persons? This question of morality is central to any society and its government and educational system including the Japanese. In many societies it has been customary to teach about morality from a religious standpoint, but not so in Japan, where...

Gaming the Interwar: How Naval War College Wargames Tilted the Playing Field for the U.S. Navy During World War II

Science.gov (United States)

2013-12-13

planners began to concentrate on the island- hopping campaign expected against Japan. By using Midway as an intermediate, unnamed objective, rather...your location. The morality would be debated, old ghosts would be dredged up from World War I, but the tactical framework had been laid from...GAMING THE INTERWAR: HOW NAVAL WAR COLLEGE WARGAMES TILTED THE PLAYING FIELD FOR THE U.S. NAVY DURING WORLD WAR II A thesis

Legal briefing: conscience clauses and conscientious refusal.

Science.gov (United States)

Pope, Thaddeus Mason

2010-01-01

This issue's "Legal Briefing" column covers legal developments pertaining to conscience clauses and conscientious refusal. Not only has this topic been the subject of recent articles in this journal, but it has also been the subject of numerous public and professional discussions. Over the past several months, conscientious refusal disputes have had an unusually high profile not only in courthouses, but also in legislative and regulatory halls across the United States. Healthcare providers' own moral beliefs have been obstructing and are expected to increasingly obstruct patients' access to medical services. For example, some providers, on ethical or moral grounds, have denied: (1) sterilization procedures to pregnant patients, (2) pain medications in end-of-life situations, and (3) information about emergency contraception to rape victims. On the other hand, many healthcare providers have been forced to provide medical treatment that is inconsistent with their moral beliefs. There are two fundamental types of conscientious objection laws. First, there are laws that permit healthcare workers to refuse providing - on ethical, moral, or religious grounds healthcare services that they might otherwise have a legal or employer-mandated obligation to provide. Second, there are laws directed at forcing healthcare workers to provide services to which they might have ethical, moral, or religious objections. Both types of laws are rarely comprehensive, but instead target: (1) certain types of healthcare providers, (2) specific categories of healthcare services, (3) specific patient circumstances, and (4) certain conditions under which a right or obligation is triggered. For the sake of clarity, I have grouped recent legal developments concerning conscientious refusal into eight categories: 1. Abortion: right to refuse 2. Abortion: duty to provide 3. Contraception: right to refuse 4. Contraception: duty to provide 5. Sterilization: right to refuse 6. Fertility, HIV, vaccines

Does ethical membership matter? Moral identification and its organizational implications.

Science.gov (United States)

May, Douglas R; Chang, Young K; Shao, Ruodan

2015-05-01

This research meaningfully connects the literatures on identification and business ethics by proposing the new construct of moral identification. Moral identification is defined here as the perception of oneness or belongingness associated with an organization that exhibits ethical traits (e.g., care, kindness, and compassion), which also involves a deliberate concern of the membership with an ethical organization. Integrating social identity theory with theory on the moral self, this research examines an overall theoretical model where moral identification plays a significant role in explaining employee attraction, motivation, and retention (i.e., 3 components of the overall theoretical framework). These components were examined separately in 3 empirical studies and findings from these studies first revealed that moral identification explained why job seekers with strong (vs. weak) moral identities were more attracted to a socially responsible organization (Study 1). Second, moral identification was associated with lower employee unethical proorganizational behavior (Study 2). Finally, moral identification was negatively related to employees' turnover intentions. Organizations' legal compliance moderated this relation such that it was stronger when organizations have higher (vs. lower) levels of legal compliance (Study 3). Taken together, these studies suggest that moral identification offers new insights in explaining both potential and current employees' behaviors when morality is contextually relevant and subjectively meaningful. Theoretical contributions and practical implications are discussed. (c) 2015 APA, all rights reserved.

The Role of Virtues in Legal Education

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Antal Szerletics

2017-12-01

Full Text Available The author applies virtue theory (virtue epistemology and virtue ethics in particular to the question of legal education and examines the prospects of a virtue-based discourse in this context. Following the Aristotelian distinction between intellectual and moral virtues, he argues that law schools need to equip students – besides appropriate skills and knowledge of legal regulations – with intellectual and moral virtues necessary for a socially productive legal practice. Identifying lawyerly virtues and exploring the ways they can be fostered in a university environment might be the first steps to change the exaggeratedly formalistic thinking that seems to characterize legal education and legal practice in the CEE region. El autor aplica la teoría de la virtud (epistemología y ética de la virtud, en particular a la cuestión de la educación jurídica, y, en ese contexto, examina las perspectivas futuras de un discurso basado en la virtud. Siguiendo la distinción aristotélica entre virtudes intelectuales y morales, el autor argumenta que las escuelas de Derecho deberían educar, además de en las destrezas apropiadas y en el conocimiento de la ley, en las virtudes intelectuales y morales necesarias para un ejercicio del Derecho socialmente productivo. Los primeros pasos para cambiar el pensamiento exageradamente formalista que parece caracterizar la educación jurídica y la práctica de la profesión en la región de Europa central y oriental podrían ser la identificación de las virtudes del jurista y la reflexión sobre cómo aquéllas podrían ser fomentadas. DOWNLOAD THIS PAPER FROM SSRN: https://ssrn.com/abstract=3075146

Political and moral consequences of science

CERN Document Server

Von Weizsäcker, Carl Friedrich

1988-01-01

In the first part, Prof. von WEIZSACKER deals with the political and moral situation for the scientists today. Then he speaks about the concrete problems of our times, often connected with science : social-economic problems, ecological problems and the problem of peace and war.

Denis Diderot on War and Peace: Nature and Morality

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Whitney Mannies

2014-01-01

Full Text Available Las ideas de Denis Diderot sobre la guerra y la paz revelan muchos de las contradiciones que el identificó en el mundo. Por un lado, la guerra es un producto natural de contradiciones entre la ley de la natura y las instituciones humanas. Por otro lado, siempre debe ser sometido a juicio moral basado en conocimiento amplia de la historia y contexto. La guerra puede ser buena si derota a la tiranía, y mala si limita a la libertad e igualdad. La paz puede ser buena si aumenta a la libertad, la igualdad, y la prosperidad, y mala si mantiene la desigualdad. Diderot nunca se permite juicios universales por todos los tiempos y todos los sitios, pero insista en comparaciones y contrastes sin fin entre el mundo moral y el mundo natural. El materialismo filosófico es el fundamento de su manera de entender el mundo, pero los aspectos morales son sus instrumentos de juicio.

Sustainable development and the nature of environmental legal principles

Directory of Open Access Journals (Sweden)

J Verschuuren

2006-05-01

Full Text Available In this article, “things” lawyers call “principles” of environmental law will be discussed from a theoretical perspective. Three fundamental questions are answered: 1. Where does the high moral value that is usually attributed principles come from? 2. What is the exact difference between a principle and a legal rule, and between a principle and a policy? 3. What is the relationship between a principle and more concrete legal rules and policies? It is argued that principles of environmental law receive their high moral value from the ideal of sustainable development. An ideal is a value that is explicit, implicit or latent in the law, or the public and moral culture of a society or group that usually cannot be fully realised, and that partly transcends contingent, historical formulations, and implementations in terms of rules and principles. Principles form a necessary link between directly applicable and enforceable environmental legal rules and the underlying ideal. They are a necessary medium for ideals to find their way into concrete rules and can be used to bridge the gap between the morality of duty and the morality of aspiration. Because of their basis in (written or unwritten law and their possible direct and intense influence on legal rules concerning activities that may harm the environment, they must be placed within the morality of duty: a bridgehead within the morality of duty reaching out for the morality of aspiration. From the general function of principles of forming a beachhead in the morality of duty, nine more concrete functions can be derived. These functions principles, both of a substantive and of a procedural nature, have, make it possible to distinguish them from legal rules. It must be acknowledged, however, that there is no very strict separation between principles on one side and rules on the other: environmental norms can be placed on a sliding scale with rules on one side and principles on the other side

Dissolving the engineering moral dilemmas within the Islamic ethico-legal praxes.

Science.gov (United States)

Solihu, Abdul Kabir Hussain; Ambali, Abdul Rauf

2011-03-01

The goal of responsible engineers is the creation of useful and safe technological products and commitment to public health, while respecting the autonomy of the clients and the public. Because engineers often face moral dilemma to resolve such issues, different engineers have chosen different course of actions depending on their respective moral value orientations. Islam provides a value-based mechanism rooted in the Maqasid al-Shari'ah (the objectives of Islamic law). This mechanism prioritizes some values over others and could help resolve the moral dilemmas faced in engineering. This paper introduces the Islamic interpretive-evaluative maxims to two core issues in engineering ethics: genetically modified foods and whistleblowing. The study aims primarily to provide problem-solving maxims within the Maqasid al-Shari'ah matrix through which such moral dilemmas in science and engineering could be studied and resolved.

Naval War College. Volume 60, Number 2, Spring 2007

Science.gov (United States)

2007-01-01

attacks of grave conse- quences. The aspiration of this small-wars force element is to prevent even one nuclear, biological , or chemical weapon attack...153 Preventive Attack and Weapons of Mass...Default screen Bioethics and Armed Conflict: Moral Dilemmas of Medicine and War, by Michael L. Gross reviewed by Arthur M. Smith, MD

Morality, justice and the challenge of execution of witches in Africa ...

African Journals Online (AJOL)

An attempt to fill this gap facilitates an investigation into the nexus between morality and social justice. The fundamental problem now is, is it morally right to kill? Should witches be killed? If witches should be executed, are there moral and legal bases for such killing? How should we account for the question of sanctity of ...

morality and war: can war be just in the twenty-first century?

African Journals Online (AJOL)

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At the conceptual level, Fisher recognises the importance of different streams of ... to the strategic success of military campaigns”7 as demonstrated in America's ... other things, Fisher offers an extended analysis of the Gulf wars, discusses.

From the American Civil War to the War on Terror: Three Models of Emergency Law in the United States Supreme Court

DEFF Research Database (Denmark)

Hartz, Emily

This book offers a systematic and comprehensive account of the key cases that have come to shape the jurisprudence on emergency law in the United States from the Civil War to the War on Terror. The legal questions raised in these cases concern fundamental constitutional issues such as the status...... of fundamental rights, the role of the court in times of war, and the question of how to interpret constitutional limitations to executive power. At stake in these difficult legal questions is the issue of how to conceive of the very status of law in liberal democratic states. The questions with which...... the Supreme Court justices have to grapple in these cases are therefore as philosophical as they are legal. In this book the Court's arguments are systematized according to categories informed by constitutional law as well as classic philosophical discussions of the problem of emergency. On this basis...

From Just War to Nuclear Pacifism: The Evolution of U.S. Christian Thinking about War in the Nuclear Age, 1946–1989

Directory of Open Access Journals (Sweden)

Stephen R. Rock

2018-05-01

Full Text Available During the Cold War, two basic schools of thought emerged among U.S. Christian leaders and ethicists concerning the implications of the nuclear revolution for the use of force by the United States. The just war thinkers held that nuclear war could in fact be conducted within the bounds of traditional just war principles, particularly those of discrimination and proportionality. Since nuclear weapons could be used in war, it followed that they could and should be developed and produced for that purpose and for the purpose of deterrence. The nuclear pacifists held that nuclear war could not be conducted within the confines of traditional just war principles. Since by its nature nuclear war could not be moral, there was no reason for the development and production of nuclear weapons, except for the purpose of deterrence. And since nuclear deterrence required one to make threats of nuclear destruction that it would not be moral to carry out, and, moreover, carried unacceptable risks of miscalculation and inadvertent or accidental use of nuclear weapons, deterrence itself could not be justified, except perhaps as a temporary way station on the path to nuclear disarmament. Although the just war thinkers initially held sway, over time they became less dominant. By the middle of the 1980s, the U.S. Catholic Church and most of the largest Mainline Protestant denominations had formally adopted a nuclear pacifist position. This essay chronicles the victory of nuclear pacifism in these churches, explains it as a reaction to the nuclear weapons and doctrine advocated by the just war thinkers, and implemented by the U.S. government and military, as well as other events and trends in American society, and inquires as to whether or not the just war thinkers and nuclear pacifists influenced the course of U.S. policy.

Morality and Psychopathic Criminals. Ethicocentrism, Mental Incapacity, Free Will, and the Fear of Decriminalization

Directory of Open Access Journals (Sweden)

Lorenzo Magnani

2012-01-01

Full Text Available Present-day legal judgments of psychopathic criminals strongly avoid the exploitation of “moral” considerations. Currently, the attribution of responsibility to criminals often takes advantage of the cognitive concept of mental incapacity so that, in these cases, the moral judgment about moral conducts of “psycho-pathological” criminals is potentially extinguished. I contend that the theories and methods that are currently used in western societies to discharge moral and legal responsibility are not clear in their epistemic structure and so partially unreliable. To support this conclusion I take advantage of my recent cognitive studies concerning the multiplicity of moral frameworks, the gene/cognitive niche co-evolution, and the concept of free will.

Developing drugs for the developing world: an economic, legal, moral, and political dilemma.

Science.gov (United States)

Resnik, D B

2001-05-01

This paper discusses the economic, legal, moral, and political difficulties in developing drugs for the developing world. It argues that large, global pharmaceutical companies have social responsibilities to the developing world, and that they may exercise these responsibilities by investing in research and development related to diseases that affect developing nations, offering discounts on drug prices, and initiating drug giveaways. However, these social responsibilities are not absolute requirements and may be balanced against other obligations and commitments in light of economic, social, legal, political, and other conditions. How a company decides to exercise its social responsibilities to the developing world depends on (1) the prospects for a reasonable profit and (2) the prospects for a productive business environment. Developing nations can either help or hinder the pharmaceutical industry's efforts to exercise social responsibility through various policies and practices. To insure that companies can make a reasonable profit, developing nations should honor pharmaceutical product patents and adhere to international intellectual property treaties, such as the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. To insure the companies have a good business environment, developing nations should try to promote the rule of law, ethical business practices, stable currencies, reliable banking systems, free and open markets, democracy, and other conditions conducive to business. Overall, this paper advocates for reciprocity and cooperation between pharmaceutical companies and developing nations to address the problem of developing drugs for the developing world. In pursuing this cooperative approach, developing nations may use a variety of other techniques to encourage pharmaceutical companies to act responsibly, such as subsidizing pharmaceutical research, helping to design and implement research protocols, providing a guaranteed market, and

Punishing hypocrisy: the roles of hypocrisy and moral emotions in deciding culpability and punishment of criminal and civil moral transgressors.

Science.gov (United States)

Laurent, Sean M; Clark, Brian A M; Walker, Stephannie; Wiseman, Kimberly D

2014-01-01

Three experiments explored how hypocrisy affects attributions of criminal guilt and the desire to punish hypocritical criminals. Study 1 established that via perceived hypocrisy, a hypocritical criminal was seen as more culpable and was punished more than a non-hypocritical criminal who committed an identical crime. Study 2 expanded on this, showing that negative moral emotions (anger and disgust) mediated the relationships between perceived hypocrisy, criminal guilt, and punishment. Study 3 replicated the emotion finding from Study 2 using new scenarios where group agents were clearly aware of the hypocrisy of their actions, yet acted anyway. Again, perceived hypocrisy worked through moral emotions to affect criminal guilt and punishment. The current studies provide empirical support for theories relating hypocrisy and moral transgressions to moral emotions, also informing the literature on the role of moral emotions in moral reasoning and legal decision making.

Morality in the Brazilian Constitution and Its Effects on Finance Administration

Directory of Open Access Journals (Sweden)

Demetrius Nichele Macei

2016-06-01

Full Text Available This study aims to identify the meaning and scope of Public Morality Principle. Using the deductive method of presentation of the study, it starts by drawing a picture on the theoretical framework of positivism, through post-positivism and ending in me- thodic-axiological positivism by Heleno Torres. Deals with the influence of private law in public law. Addresses the need for control of judicial decisions and the principle of Legal Security. Following analyzes the principle of morality relating it on justice, equality and legality. Then addresses the principle of legitimate trust and finally, comes the good faith of the public administration, again related to private law, and concludes with aspects of tax law interpretation, the moral of the tax authorities and the taxpayer.

Morality and Values in Support of Universal Healthcare Must be Enshrined in Law; Comment on “Morality and Markets in the NHS”

Directory of Open Access Journals (Sweden)

Allyson M Pollock

2015-06-01

Full Text Available This is a commentary on Gilbert and colleagues’ (1 paper on morality and markets in the National Health Service (NHS. Morality and values are not ephemeral qualities and universal healthcare is not simply an aspiration; it has to be enshrined in law. The creation of the UK NHS in 1948 was underpinned by core legal duties which required a system of public funding and delivery to follow. The moral values of the citizens in support of social solidarity were thus transformed into a political and legal contract for citizens. The NHS still survives in Scotland, Wales and Northern Ireland but the coalition government abolished it in England in 2012, reducing the NHS to a funding stream, a logo and a set of market regulators. This paper describes and explains the Health and Social Care (HSC Act 2012 in England and how the NHS is withering away and health services are being remodeled along US Health Maintenance Organization (HMO lines. There was nothing moral about this extraordinary act of savagery and violence against the public in England, and against common values and widely held beliefs in public ownership funding and provision of universal healthcare. The public health consequences will be catastrophic which is why after the election on May seventh a new Bill is required to Reinstate the NHS and the Secretary of State’s legal duty to provide listed health services throughout England.

The Making of "The Lessons of the Vietnam War."

Science.gov (United States)

Starr, Jerold M.

1988-01-01

Traces the development of "The Lessons of the Vietnam War," a set of units which cover legal, cultural, and historical questions of the war in greater depth than do survey textbooks. Examples of the 12 topics are "Introduction to Vietnam: Land, Culture, and History" and "Taking Sides: The War at Home." (GEA)

Human Terrain Systems and the Moral Prosecution of Warfare

Science.gov (United States)

2011-10-01

personal dignity, in particular, humiliating and degrading treatment.” While this seems prima facie obvious, it is not easy to discern what...these theaters is incorrect. Military commanders do not choose their wars, but they do have a constitutional duty to prosecute them. Just war...would fall under the noncombatant status and be subject to no military coercion. It is the moral soldier’s duty to discern between the two and act

Two Distinct Moral Mechanisms for Ascribing and Denying Intentionality.

Science.gov (United States)

Ngo, Lawrence; Kelly, Meagan; Coutlee, Christopher G; Carter, R McKell; Sinnott-Armstrong, Walter; Huettel, Scott A

2015-12-04

Philosophers and legal scholars have long theorized about how intentionality serves as a critical input for morality and culpability, but the emerging field of experimental philosophy has revealed a puzzling asymmetry. People judge actions leading to negative consequences as being more intentional than those leading to positive ones. The implications of this asymmetry remain unclear because there is no consensus regarding the underlying mechanism. Based on converging behavioral and neural evidence, we demonstrate that there is no single underlying mechanism. Instead, two distinct mechanisms together generate the asymmetry. Emotion drives ascriptions of intentionality for negative consequences, while the consideration of statistical norms leads to the denial of intentionality for positive consequences. We employ this novel two-mechanism model to illustrate that morality can paradoxically shape judgments of intentionality. This is consequential for mens rea in legal practice and arguments in moral philosophy pertaining to terror bombing, abortion, and euthanasia among others.

The Great War and Its Significance for Law, Legal Thinking and Jurisprudence

NARCIS (Netherlands)

Boom, van W.H.

2014-01-01

This year marks the centenary of the outbreak of the Great War, the First World War. The remembrance events, museum exhibitions, TV-programs and numerous publications rightly draw attention to the Great War. Obviously, in the past century much scholarly work has been dedicated to the Great War, its

Religious ethics, Christianity, and war

Directory of Open Access Journals (Sweden)

Henrik Syse

2009-05-01

Full Text Available This article discusses elements within Christian ethics and anthropology that have ramifications for the ethics and laws of war. The author argues that several distinctively Christian conceptions of morality and of human beings contribute importantly to the idea of just war, namely the Christian (and more specifically Augustinian view of history, the Christian view of killing, and the Christian view of sin and grace. While other religious and philosophical traditions also offer significant contributions to a normative discussion about armed force, it remains a fact that Christian thought, historically speaking, has furnished much of the groundwork of what we today know as the ethics and laws of war, and that the experience of being a Christian in the world has important ramifications for thinking about war and the use of armed force.http://dx.doi.org/10.5324/eip.v3i1.1708

Private Military Contractors, War Crimes and International ...

African Journals Online (AJOL)

The end of the Cold War witnessed the growth and spread of legally established private military contractors (PMCs) playing largely undefined roles in wars, international security and post-conflict reconstruction. The operations of PMCs in Iraq and Afghanistan in the 21st century have been marked by gross human rights ...

Vietnam and the Gulf War: Lessons Learned in the Utilization of Assets

National Research Council Canada - National Science Library

Dales, David

1998-01-01

...: Legal and Policy Issues of the Indo-China War, Fall 1997. The paper examined the use of non-hardware assets by the United States military during the last two major wars - Vietnam and the Gulf War...

[The contribution of neuroscience to the understanding of moral behavior].

Science.gov (United States)

Slachevsky, Andrea; Silva, Jaime R; Prenafeta, María Luisa; Novoa, Fernando

2009-03-01

The neuro-scientific study of moral actions and judgments is particularly relevant to medicine, especially when assessing behavior disorders secondary to brain diseases. In this paper, moral behavior is reviewed from an evolutionary and neuro-scientific perspective. We discuss the role of emotions in moral decisions, the role of brain development in moral development and the cerebral basis of moral behavior. Empirical evidence shows a relationship between brain and moral development: changes in cerebral architecture are related to changes in moral decision complexity. Moral development takes a long time, achieving its maturity during adulthood. It is suggested that moral cognition depends on cerebral regions and neural networks related to emotional and cognitive processing (i.e. prefrontal and temporal cortex) and that moral judgments are complex affective and cognitive phenomena. This paper concludes with the suggestion that a satisfactory clinical/legal evaluation of a patient requires that the neural basis of moral behavior should be taken into account.

On immorality of terrorism and war

Directory of Open Access Journals (Sweden)

Čičovački Predrag

2003-01-01

Full Text Available The author first analyzes differences and similarities between war and terrorism and then argues that both are deeply immoral. Their differences are far less significant that their similarities, the main one of which consists in the denial of the view that every human life is equally worthy. This denial opens a way for an inhuman and violent treatment of those (enemies, others who are not as valuable as we are, which characterizes both terrorism and war. Besides having such unacceptable moral implications with regards to the treatment of other human beings, a further common and troubling implication of terrorism and war consists in the fact that dehumanization of others leads also to a dehumanization of ourselves. .

Parental Views of Morality and Sexuality and the Implications for South African Moral Education

Science.gov (United States)

Bhana, Deevia

2013-01-01

Discrimination on the grounds of sexual orientation is prohibited in South Africa. Against legal gains, however, are marked increases in homophobic violence. Schools are deeply implicated in the development of a moral education premised on democracy and sexual equality. This paper sought to examine the ways in which parents situated within diverse…

Moral and Legal Decisions in Reproductive and Genetic Engineering

Science.gov (United States)

Heim, Werner G.

1972-01-01

Discusses the moral and ethical issues raised by the imminent possibilities for genetic and reproductive manipulation of humans, the responsibilities of scientists, moralists, and social scientists, and the role of teachers in public information. (AL)

Sustainable development and the nature of environmental legal ...

African Journals Online (AJOL)

2. What is the exact difference between a principle and a legal rule, and between a principle and a policy? 3. What is the relationship between a principle and more concrete legal rules and policies? It is argued that principles of environmental law receive their high moral value from the ideal of sustainable development.

Two Distinct Moral Mechanisms for Ascribing and Denying Intentionality

Science.gov (United States)

Ngo, Lawrence; Kelly, Meagan; Coutlee, Christopher G.; Carter, R. McKell; Sinnott-Armstrong, Walter; Huettel, Scott A.

2015-01-01

Philosophers and legal scholars have long theorized about how intentionality serves as a critical input for morality and culpability, but the emerging field of experimental philosophy has revealed a puzzling asymmetry. People judge actions leading to negative consequences as being more intentional than those leading to positive ones. The implications of this asymmetry remain unclear because there is no consensus regarding the underlying mechanism. Based on converging behavioral and neural evidence, we demonstrate that there is no single underlying mechanism. Instead, two distinct mechanisms together generate the asymmetry. Emotion drives ascriptions of intentionality for negative consequences, while the consideration of statistical norms leads to the denial of intentionality for positive consequences. We employ this novel two-mechanism model to illustrate that morality can paradoxically shape judgments of intentionality. This is consequential for mens rea in legal practice and arguments in moral philosophy pertaining to terror bombing, abortion, and euthanasia among others. PMID:26634909

Familia, Permisividad y Juicio Moral en Estudiantes de Enseñanza Media de la Provincia de Concepción Family, Permissivity, and Moral Judgement of High School Students of Concepción, Chile

Directory of Open Access Journals (Sweden)

María Elena Mathiesen

2004-05-01

Full Text Available Se presenta la moralidad de estudiantes de enseñanza media de la Provincia de Concepción, Chile, medida por la aceptación de conductas morales cuestionables y el nivel de desarrollo del juicio moral. Se presentan relaciones entre moralidad y características del joven y su familia. Para ello, se aplicó una encuesta de carácter social a una muestra representativa de 546 estudiantes. Los resultados muestran una baja permisividad moral, más alta en sexualidad y más baja en moralidad personal y legal. Menos de la mitad de los jóvenes emitieron juicios morales válidos. No se encontraron correlaciones significativas entre permisividad moral y juicio moral. Hubo diferencias significativas de moralidad según sexo y religión. Se detectaron relaciones inversas entre permisividad y funcionamiento familiar, y directas, entre rendimiento escolar y juicio moral.This study describes morality in high school students of the Province of Concepción, Chile. The morality was measured through acceptance of questionable moral behaviors and moral judgment development. Relationships between morality and the characteristics of youths an their families are also presented. A social survey was applied to a representative sample of 546 high school students. The results show low moral permissiveness, higher regarding sexuality and lower in personal and legal morality. Less than half of the subjects submitted valid moral judgments. No significant correlations were found between moral permissiveness and moral judgment development. Significant differences of morality were found according to sex and religion. Inverse relationships were found between permissivity and family functioning. Also, direct relationships were found between academic achievement and moral judgment.

The trauma of war in Sierra Leone

NARCIS (Netherlands)

Jong, Kaz de; Mulhern, M.; Ford, N.; Kam, S. van der; Kleber, R.J.

2000-01-01

Civilians are increasingly targeted in today's wars. To reduce military casualties, civilians are used as protective shields; to facilitate guerrilla warfare, they are abducted or enslaved; torture, rape, and executions are carried out to undermine morale and to eradicate the cultural links and

Reflecting on law, morality and communal mores (with particular reference to the protection of pre-natal life

Directory of Open Access Journals (Sweden)

Lourens M. du Plessis

1991-03-01

Full Text Available This article deals with the relationship between law, morality and communal mores with particular reference to the protection of pre-natal life in South Africa. It is argued that personal, moral choice influences communal mores and that these mores can, in turn, be transformed into legal norms, thus becoming part of the legal system. It is pointed out that South African law lends insufficient protection tofoetal life - especially in situations where it stands to be destroyed as a result of abortion. It is then suggested that the legal subjectivity of the foetus should be recognized and that every application for an abortion should be heard by a court of law or, alternatively, a specialist tribunal. The foetus should be represented at these proceedings by a curator ad litem. It is finally argued that the proposed arrangement will not unduly encroach on the moral freedom of the individual and that personal, moral choice and communal mores will still be of decisive significance in regulating 'bio-ethical' morality.

The moral division of labor and obligations of citizens at war

DEFF Research Database (Denmark)

Dige, Morten

Contemporary just war thinking has focused primarily on the roles of three agents in war: governments, soldiers and civilians considered as potential non-combatant victims of military attack: what are the responsibilities, permissions, rights and obligations of these? Relatively little has been s...

The moral status of animals. A critical analysis of Rawls and Carruthers

NARCIS (Netherlands)

Mackor, AR

In this paper I deal with the moral and legal status of animals. I offer a critical analysis of Rawls' and Carruthers' arguments against ascribing moral claims to animals. I argue that none of their contractualist arguments are valid. However, Carruthers' claim that animals are incapable of

Law and the sources of morality.

Science.gov (United States)

Hinde, Robert A

2004-01-01

This paper argues that morality is a product of basic human psychological characteristics shaped over prehistorical and historical time by diachronic dialectical transactions between what individuals do and what they are supposed to do in the culture in which they live. Some principles are pancultural: individuals are motivated to look after their own interests, to be cooperative and kind to other group members and to look after their children. The moral precepts of every society are based on these principles, but may differ according to the vicissitudes that the society has experienced. Thus the basic principles can be seen as absolute; the precepts based on them may be specific to particular societies. Moral precepts, and the laws derived from them, are mostly such as to maintain the cohesion of the society, but some have been formulated to further the interests of those in power. The evidence suggests that laws have been developed, by common consent or by rulers, from generally accepted moral intuitions. In general, legal systems have been formulated to deal with the more extreme infringements of moral codes. Morality prescribes how people should behave; the law is concerned with how they should not. New laws, if not imposed by force, must generally be in tune with public conceptions of morality. PMID:15590610

Social Responsibility and the State's Duty to provide Healthcare: An Islamic Ethico-Legal Perspective.

Science.gov (United States)

Padela, Aasim I

2017-12-01

The United Nations Educational, Scientific and Cultural Organization's (UNESCO) Declaration on Bioethics and Human Rights asserts that governments are morally obliged to promote health and to provide access to quality healthcare, essential medicines and adequate nutrition and water to all members of society. According to UNESCO, this obligation is grounded in a moral commitment to promoting fundamental human rights and emerges from the principle of social responsibility. Yet in an era of ethical pluralism and contentions over the universality of human rights conventions, the extent to which the UNESCO Declaration can motivate behaviors and policies rests, at least in part, upon accepting the moral arguments it makes. In this essay I reflect on a state's moral obligation to provide healthcare from the perspective of Islamic moral theology and law. I examine how Islamic ethico-legal conceptual analogues for human rights and communal responsibility, ḥuqūq al-'ibād and farḍ al-kifāyah and other related constructs might be used to advance a moral argument for healthcare provision by the state. Moving from theory to application, I next illustrate how notions of human rights and social responsibility were used by Muslim stakeholders to buttress moral arguments to support American healthcare reform. In this way, the paper advance discourses on a universal bioethics and common morality by bringing into view the concordances and discordances between Islamic ethico-legal constructs and moral arguments advanced by transnational health policy advocates. It also provides insight into applied Islamic bioethics by demonstrating how Islamic ethico-legal values might inform the discursive outputs of Muslim organizations. © 2016 John Wiley & Sons Ltd.

Moral dilemmas faced by hospitals in time of war: the Rambam Medical Center during the second Lebanon war.

Science.gov (United States)

Bar-El, Yaron; Reisner, Shimon; Beyar, Rafael

2014-02-01

Rambam Medical Center, the only tertiary care center and largest hospital in northern Israel, was subjected to continuous rocket attacks in 2006. This extreme situation posed serious and unprecedented ethical dilemmas to the hospital management. An ambiguous situation arose that required routine patient care in a tertiary modern hospital together with implementation of emergency measures while under direct fire. The physicians responsible for hospital management at that time share some of the moral dilemmas faced, the policy they chose to follow, and offer a retrospective critical reflection in this paper. The hospital's first priority was defined as delivery of emergency surgical and medical services to the wounded from the battlefields and home front, while concomitantly providing the civilian population with all elective medical and surgical services. The need for acute medical service was even more apparent as the situation of conflict led to closure of many ambulatory clinics, while urgent or planned medical care such as open heart surgery and chemotherapy continued. The hospital management took actions to minimize risks to patients, staff, and visitors during the ongoing attacks. Wards were relocated to unused underground spaces and corridors. However due to the shortage of shielded spaces, not all wards and patients could be relocated to safer areas. Modern warfare will most likely continue to involve civilian populations and institutes, blurring the division between peaceful high-tech medicine and the rough battlefront. Hospitals in high war-risk areas must be prepared to function and deliver treatment while under fire or facing similar threats.

Beliefs in moral luck: When and why blame hinges on luck.

Science.gov (United States)

Lench, Heather C; Domsky, Darren; Smallman, Rachel; Darbor, Kathleen E

2015-05-01

Belief in moral luck is represented in judgements that offenders should be held accountable for intent to cause harm as well as whether or not harm occurred. Scores on a measure of moral luck beliefs predicted judgements of offenders who varied in intent and the outcomes of their actions, although judgements overall were not consistent with abstract beliefs in moral luck. Prompting participants to consider alternative outcomes, particularly worse outcomes, reduced moral luck beliefs. Findings suggest that some people believe that offenders should be punished based on the outcome of their actions. Furthermore, prompting counterfactuals decreased judgements consistent with moral luck beliefs. The results have implications for theories of moral judgement as well as legal decision making. © 2014 The British Psychological Society.

A Study of How Letters to the Editor Published in "The Stars and Stripes" Newspaper between March 1, 1918, and November 15, 1918, Reflected the Morale of the Troops during World War I

Science.gov (United States)

Hatch, Vicky Ann

2009-01-01

This dissertation is a qualitative historical study that examines the state of morale of World War I soldiers as reflected in letters to the editor published in "The Stars and Stripes" newspaper between March 1, 1918, and November 15, 1918. The narrative includes extensive use of the actual words published in the soldiers' letters in order to…

Law and Morality under Evil Conditions: The SS Judge Konrad Morgen

OpenAIRE

Pauer-Studer, Herlinde

2012-01-01

In Anglo-American legal theory the issue of Nazi law has to a large extent been seen in light of the exchange between HLA Hart and Lon L Fuller in the 1958 issue of the Harvard Law Review. That discussion centred on a particular problem that arose in the aftermath of the Nazi regime, namely, under which statutes could conduct that seemed legal in the Third Reich but grossly immoral under post-war rule-of-law conditions be tried by post-war courts. The famous Grudge Informer Case ra...

The Legal Ethical Backbone of Conscientious Refusal

DEFF Research Database (Denmark)

Munthe, Christian; Nielsen, Morten Ebbe Juul

2017-01-01

This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious...... refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural...... identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals’ conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment...

The moral economy of austerity: analysing UK welfare reform.

Science.gov (United States)

Morris, Lydia

2016-03-01

This paper notes the contemporary emergence of 'morality' in both sociological argument and political rhetoric, and analyses its significance in relation to ongoing UK welfare reforms. It revisits the idea of 'moral economy' and identifies two strands in its contemporary application; that all economies depend on an internal moral schema, and that some external moral evaluation is desirable. UK welfare reform is analysed as an example of the former, with reference to three distinct orientations advanced in the work of Freeden (1996), Laclau (2014), and Lockwood (1996). In this light, the paper then considers challenges to the reform agenda, drawn from third sector and other public sources. It outlines the forms of argument present in these challenges, based respectively on rationality, legality, and morality, which together provide a basis for evaluation of the welfare reforms and for an alternative 'moral economy'. © London School of Economics and Political Science 2016.

Actualizing Moral Education in Japan's Tertiary Sector: Reitaku University's Response to Today's Challenges

Science.gov (United States)

Nakayama, Osamu

2015-01-01

While moral education is taught in the primary--and some in--the secondary grades, morality and ethics education has not been a subject since World War II in tertiary grades. Neverless Japanese universities have neither academic departments nor courses solely devoted to scholarship or instruction in the area of moral studies. In this article, the…

Robots and Moral Agency

OpenAIRE

Johansson, Linda

2011-01-01

  Machine ethics is a field of applied ethics that has grown rapidly in the last decade. Increasingly advanced autonomous robots have expanded the focus of machine ethics from issues regarding the ethical development and use of technology by humans to a focus on ethical dimensions of the machines themselves. This thesis contains two essays, both about robots in some sense, representing these different perspectives of machine ethics. The first essay, “Is it Morally Right to use UAVs in War?” c...

War songs and songs of war: the poetry in B minor by Fabrizio De André

Directory of Open Access Journals (Sweden)

Gleiton Lentz

2010-11-01

Full Text Available The 2nd half of last century, the Italian composer Fabrizio De André (1940-1999 occupied a prominent place in the history of Italian song and even the modern Italian poetry. His fans admire the moral courage and artistic coherence with which he, in the post-war Italian society, through his libertarian and pacifist songs, portrayed the world of the marginalized, the rebels and the prostitutes, and other characters on the margins of society, among those, the war combatant, hero of lost victories on the battlefield. Three of his songs are emblematic: La Ballata dell'eroe, La Guerra di Piero and Girotondo. Three poems that talk about war, death, and the figure of the combatant as an outcast of society, that kills him and then relegates him to oblivion, on behalf of the Fatherland. Exposing his provocative vision of post-war society by showing two videos of the composer is the purpose of this presentation.

The Nature of War Theory

Science.gov (United States)

2011-03-10

of Positivism , 1848, Auguste Comte presents the Hierarchy of Science that is in general use today. Mathematics is at the top of Comte‟s hierarchy of...as those of September 11, 2001, should be punitive or legal and should not provoke full altruistic war. The final insight is that the Information...and the absence of a role for external agents in domestic governance. It is characterized by a state‟s right of political self-determination, legal

"Moral Realism" and Justness in War in Gregory of Tours'"Historia Francorum".

Science.gov (United States)

Reynolds, Burnam W.

1982-01-01

Examines how the concept of justness influenced the conduct of wars in the early Middle Ages. The author offers a new interpretation of Gregory of Tours' perspective on war as found in his "Historia Francorum." (AM)

'Through a Glass Darkly': Assessing the 'New' War Against ...

African Journals Online (AJOL)

submits that while the legal and institutional anchorages of the war offer a good point of departure, they remain grossly inadequate. This largely explains why the war has been underproductive and caught in a deepening crisis of legitimacy. What is required is the nourishing and re-envisioning of such frameworks, coupled

Deontological coherence: A framework for commonsense moral reasoning.

Science.gov (United States)

Holyoak, Keith J; Powell, Derek

2016-11-01

We review a broad range of work, primarily in cognitive and social psychology, that provides insight into the processes of moral judgment. In particular, we consider research on pragmatic reasoning about regulations and on coherence in decision making, both areas in which psychological theories have been guided by work in legal philosophy. Armed with these essential prerequisites, we sketch a psychological framework for how ordinary people make judgments about moral issues. Based on a literature review, we show how the framework of deontological coherence unifies findings in moral psychology that have often been explained in terms of a grab-bag of heuristics and biases. (PsycINFO Database Record (c) 2016 APA, all rights reserved).

Interaction of Morality and Law in the Daily Routine and Administration of Justice

Directory of Open Access Journals (Sweden)

Iliya D. Nazarov

2016-04-01

Full Text Available This article examines the nature and interaction of social norms (law, morality and judicial precedent as the main instruments of justice. The authors try to establish the criterion for distinguishing legal and moral dominants within the undifferentiated, syncretic behavioral norms typical for the early stages of development of society. The article supports the view of the pre-revolutionary jurists who understood the legal norm as a juridical opinion, by accepting which the authors highly estimate the judicial system work on formation of behavioral norms not established by the legislator through the tool of judicial precedent.

Medical error, malpractice and complications: a moral geography.

Science.gov (United States)

Zientek, David M

2010-06-01

This essay reviews and defines avoidable medical error, malpractice and complication. The relevant ethical principles pertaining to unanticipated medical outcomes are identified. In light of these principles I critically review the moral culpability of the agents in each circumstance and the resulting obligations to patients, their families, and the health care system in general. While I touch on some legal implications, a full discussion of legal obligations and liability issues is beyond the scope of this paper.

Breakdowns in communication of radiological findings: an ethical and medico-legal conundrum.

Science.gov (United States)

Berlin, Leonard; Murphy, Daniel R; Singh, Hardeep

2014-12-01

Communication problems in diagnostic testing have increased in both number and importance in recent years. The medical and legal impact of failure of communication is dramatic. Over the past decades, the courts have expanded and strengthened the duty imposed on radiologists to timely communicate radiologic abnormalities to referring physicians and perhaps the patients themselves in certain situations. The need to communicate these findings goes beyond strict legal requirements: there is a moral imperative as well. The Code of Medical Ethics of the American Medical Association points out that "Ethical values and legal principles are usually closely related, but ethical obligations typically exceed legal duties." Thus, from the perspective of the law, radiologists are required to communicate important unexpected findings to referring physicians in a timely fashion, or alternatively to the patients themselves. From a moral perspective, radiologists should want to effect such communications. Practice standards, moral values, and ethical statements from professional medical societies call for full disclosure of medical errors to patients affected by them. Surveys of radiologists and non-radiologic physicians reveal that only few would divulge all aspects of the error to the patient. In order to encourage physicians to disclose errors to patients and assist in protecting them in some manner if malpractice litigation follows, more than 35 states have passed laws that do not allow a physician's admission of an error and apologetic statements to be revealed in the courtroom. Whether such disclosure increases or decreases the likelihood of a medical malpractice lawsuit is unclear, but ethical and moral considerations enjoin physicians to disclose errors and offer apologies.

CHILD LABOR ABUSE: LEGAL ASPECTS

Directory of Open Access Journals (Sweden)

Darko Majhoshev

2016-01-01

Full Text Available The paper addresses the problem of child labor and ways of protection from child labor abuse. Child labor is a negative social phenomenon that is widespread throughout the world, and also in Republic of Macedonia. International and national institutions and organizations are making serious efforts to eradicate this negative phenomenon, through the adoption of numerous international legal instruments (conventions, recommendations, declarations, etc.. Child labor as a phenomenon refers to the employment of children in any work that deprives children of their childhood, interferes with their ability of education, and that is socially, mentally, physically, or morally dangerous and harmful. All international organizations define this practice as exploitative and destructive to the development of the whole society. With international legal instruments of the UN, ILO, Council of Europe and the EU child labor is strictly prohibited. There are some important differences which exist between the many kinds of work that is done by children. Some of them are demanding and difficult, others are hazardous and morally reprehensible. Children are doing a very wide range of activities and tasks when they work.

Aurora painting pays tribute to Civil War's end

Science.gov (United States)

Love, Jeffrey J.

2015-01-01

This year marks the sesquicentennial anniversary of the end of the American Civil War, a conflict that Abraham Lincoln called a “mighty scourge.” It was one of the most poignant periods in U.S. history, laying bare political, economic, social, and moral divergence between Northern and Southern states. The cause of the divergence that led to war was slavery [e.g., McPherson, 1988, chap. 3]—an institution that, by the 19th century, had been effectively abolished in the North but remained firmly entrenched in the South.

Teaching Us to Fear: The Violent Video Game Moral Panic and The Politics of Game Research

Science.gov (United States)

Markey, Patrick M.; Ferguson, Christopher J.

2017-01-01

In this excerpt from their new book, "Moral Combat: Why the War on Violent Video Games Is Wrong" (BenBella Books, 2017), the authors present an argument in defense of video games while dispelling the myth that such games lead to real-world violence. The authors define and examine moral panics and provide guidelines for identifying and…

The Opium Wars, Opium Legalization, and Opium Consumption in China

OpenAIRE

Jeffrey A. Miron; Chris Feige

2005-01-01

The effect of drug prohibition on drug consumption is a critical issue in debates over drug policy. One episode that provides information on the consumption-reducing effect of drug prohibition is the Chinese legalization of opium in 1858. In this paper we examine the impact of China's opium legalization on the quantity and price of British opium exports from India to China during the 19th century. We find little evidence that legalization increased exports or decreased price. Thus, the eviden...

War on Drugs Policing and Police Brutality.

Science.gov (United States)

Cooper, Hannah L F

2015-01-01

War on Drugs policing has failed to reduce domestic street-level drug activity: the cost of drugs remains low and drugs remain widely available. In light of growing attention to police brutality in the United States, this paper explores interconnections between specific War on Drugs policing strategies and police-related violence against Black adolescents and adults in the United States. This paper reviews literature about (1) historical connections between race/ethnicity and policing in the United States; (2) the ways that the War on Drugs eroded specific legal protections originally designed to curtail police powers; and (3) the implications of these erosions for police brutality targeting Black communities. Policing and racism have been mutually constitutive in the United States. Erosions to the 4th Amendment to the Constitution and to the Posse Comitatus Act set the foundations for two War on Drugs policing strategies: stop and frisk and Special Weapons and Tactics (SWAT) teams. These strategies have created specific conditions conducive to police brutality targeting Black communities. Conclusions/Importance: War on Drugs policing strategies appear to increase police brutality targeting Black communities, even as they make little progress in reducing street-level drug activity. Several jurisdictions are retreating from the War on Drugs; this retreat should include restoring rights originally protected by the 4th Amendment and Posse Comitatus. While these legal changes occur, police chiefs should discontinue the use of SWAT teams to deal with low-level nonviolent drug offenses and should direct officers to cease engaging in stop and frisk.

Good tax governance: A matter of moral responsibility and transparency

OpenAIRE

Gribnau, Hans; Jallai, Ave-Geidi

2017-01-01

Multinational corporations’ tax practices are hotly debated nowadays. Multinationals are accused of not paying their fair share of taxes. Apparently, acting within the limits set by law is not sufficient to qualify as morally responsible behavior anymore. This article offers ethical reflection on the current debate.The general public typically evaluates (aggressive) tax planning in moral terms rather than legal terms. Therefore, multinationals need to reflect on their tax planning strategy ne...

Mitigating the Tyranny, a Moral Responsibility

Science.gov (United States)

2009-12-01

to their society they must be physically and emotionally equipped to handle life outside the warzone; it is, therefore, the military’s obligation...Moral Responsibilities of Victors in War, Warfare studies AY10 Coursebook , edited by Sharon McBride, (Maxwell AFB, Al: Air University Press, October... Coursebook , edited by Sharon McBride, page156-167. Maxwell AFB, AL [or Ala.]: Air University Press, October 2009. Myhr, Kjell-Ivar. ―Norsk F-16 pilot

Dispensing with conscience: a legal and ethical assessment.

Science.gov (United States)

Wernow, Jerome R; Grant, Donald G

2008-11-01

For over 30 years, pharmacists have exercised the right to dispense medications in accordance with moral convictions based upon a Judeo-Christian ethic. What many of these practitioners see as an apparent shift away from this time-honored ethic has resulted in a challenge to this right. To review and analyze pharmacy practice standards, legal proceedings, and ethical principles behind conflicts of conscientious objection in dispensing drugs used for emergency contraception. We first searched the terms conscience and clause and Plan B and contraception and abortion using Google, Yahoo, and Microsoft Networks (2006-September 26, 2008). Second, we used Medscape to search professional pharmacy and other medical journals, restricting our terms to conscience, Plan B, contraceptives, and abortifacients. Finally, we employed Loislaw, an online legal archiving service, and did a global search on the phrase conscience clause to determine the status of the legal discussion. To date, conflicts in conscientious objection have arisen when a pharmacist believes that dispensing an oral contraceptive violates his or her moral understanding for the promotion of human life. Up to this time, cases in pharmacy have involved only practitioners from orthodox Christian faith communities, primarily devout Roman Catholics. A pharmacist's right to refuse the dispensing of abortifacients for birth control according to moral conscience over against a woman's right to reproductive birth control has created a conflict that has yet to be reconciled by licensing agents, professional standards, or courts of law. Our analysis of prominent conflicts suggests that the underlying worldviews between factions make compromise improbable. Risks and liabilities are dependent upon compliance with evolving state laws, specific disclosure of a pharmacist's moral objections, and professionalism in the handling of volatile situations. Objecting pharmacists and their employers should have clear policies and

Against a singular understanding of legal capacity: Criminal responsibility and the Convention on the Rights of Persons with Disabilities

Science.gov (United States)

Craigie, Jillian

2015-01-01

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play an essential role in setting the relevant standards, legal capacity in the context of personal decisions and criminal acts should not be thought of as two sides of the same coin. The implications of particular moral or political norms are likely to be different in these two legal contexts, and this may justify asymmetries in the relevant standards for legal capacity. However, the analysis highlights a fundamental question about how much weight moral or political considerations should be given in setting these standards, and this is used to frame a challenge to those calling for significantly wider recognition of the legal capacity of people with mental disabilities on the basis of the Convention. PMID:25997381

Against a singular understanding of legal capacity: Criminal responsibility and the Convention on the Rights of Persons with Disabilities.

Science.gov (United States)

Craigie, Jillian

2015-01-01

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play an essential role in setting the relevant standards, legal capacity in the context of personal decisions and criminal acts should not be thought of as two sides of the same coin. The implications of particular moral or political norms are likely to be different in these two legal contexts, and this may justify asymmetries in the relevant standards for legal capacity. However, the analysis highlights a fundamental question about how much weight moral or political considerations should be given in setting these standards, and this is used to frame a challenge to those calling for significantly wider recognition of the legal capacity of people with mental disabilities on the basis of the Convention. Copyright © 2015. Published by Elsevier Ltd.

Museums and the Representation of War

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Jay Winter

2012-11-01

Full Text Available Museums are the cathedrals of the twenty-first century, in that they have filled the void left by the conventional churches as a site in which mixed populations of different faiths or no faith at all, of different origins and beliefs, confront and meditate on sacred themes – sacrifice, death, mourning, evil, brotherhood, dignity, transcendence.1 War not only belongs in museums; war dominates museum space in much of the public representation of history and will continue to do so. That being so, it is the task of war museums to persuade visitors to pose the question: how can war be represented? While there is no adequate answer to this question, museum professionals must try to answer it anyway with a large dose of humility. By avoiding the didactic mode, that is, that they know the answer and will present it to the visitors, they can perform a major public service. By admitting the magnitude of the problems inherent in trying to represent war, and through it, trying to represent the pain of others, museum directors and designers fulfil a critical social task. Knowing about war is the business of an informed citizenship, and museums are those sites where moral questions are posed, questions inevitably raised about war, questions about sacrifice, suffering, brotherhood, courage, love, recovery, transcendence. Museums enable visitors to pose these enduring questions, by converting war time into museum space.

Go local: morality and international activism

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Aleksandar Jokic

2013-03-01

Full Text Available A step towards constructing an ethics of international activism is proposed by formulating a series of constraints on what would constitute morally permissible agency in the context that involves delivering services abroad, directly or indirectly. Perhaps surprisingly, in this effort the author makes use of the concept of ‘force multiplier’. This idea and its official applications have explanatory importance in considering the correlation between the post-Cold War phenomenal growth in the number of international non-governmental organizations and the emergence of the US as the sole, unchallenged superpower. Four moral constraints useful for morally assessing international activism are formulated and defended. The final outcome is an argument in favor of an overarching duty for any activist-minded Westerner to go local, while developing nations are urged to closely regulate, even criminalize, activities by international activists and ‘human rights organizations’ on their territory when not in solidarity or in support of local movements. The position defended, urging the normative primacy of local over international activism, also finds support in Immanuel Kant's Third Definitive Article for A Perpetual Peace.

Legal and ethical issues arising with preimplantation human embryos.

Science.gov (United States)

Robertson, J A

1992-04-01

The development of in vitro fertilization has led to ethical and legal controversies concerning actions with externalized preembryos. A legal and ethical consensus is emerging that preembryos are not legal persons or moral subjects, although they are owed special respect because of their ability to implant and come to term. In addition, gamete providers are recognized as having dispositional authority over whether preembryos will be created, cryopreserved, placed in a uterus, discarded, donated, or used in research. Prior agreements over preembryo disposition are the best way to minimize disputes between the gamete providers.

Could Moral Enhancement Interventions be Medically Indicated?

Science.gov (United States)

Carter, Sarah

2017-12-01

This paper explores the position that moral enhancement interventions could be medically indicated (and so considered therapeutic) in cases where they provide a remedy for a lack of empathy, when such a deficit is considered pathological. In order to argue this claim, the question as to whether a deficit of empathy could be considered to be pathological is examined, taking into account the difficulty of defining illness and disorder generally, and especially in the case of mental health. Following this, Psychopathy and a fictionalised mental disorder (Moral Deficiency Disorder) are explored with a view to consider moral enhancement techniques as possible treatments for both conditions. At this juncture, having asserted and defended the position that moral enhancement interventions could, under certain circumstances, be considered medically indicated, this paper then goes on to briefly explore some of the consequences of this assertion. First, it is acknowledged that this broadening of diagnostic criteria in light of new interventions could fall foul of claims of medicalisation. It is then briefly noted that considering moral enhancement technologies to be akin to therapies in certain circumstances could lead to ethical and legal consequences and questions, such as those regarding regulation, access, and even consent.

The Enigmatic Nature of the Israeli Legal System

African Journals Online (AJOL)

NWUuser

the nature of the services PMSCs provide, war is a business opportunity for all of them. Armed conflicts ... benefactor irrespective of the morality of the cause. This apart ... 15 See Abrahamsen and William 2007 Int'l Relations 237. .... issues. This has had a critical importance to security reform because it indicated, from the ...

Personal Dignity in the European Legal Culture

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Lyudmila V. Butko

2017-09-01

Full Text Available The article presents the genesis of the origins of forming the legal mechanisms to protect the personal dignity in the European legal culture. It is noted that the legal content of dignity is predetermined by the moral aspect of consideration. In addition, the definition of "dignity" was transformed under the influence of the development of legal norms, doctrine and practice of protecting a person's rights and freedoms, the foundations of civil society and legal awareness. The chronological period of research was limited to the XIII-XIX centuries, within which the authors, using a comparative legal method, defined the directions of conceptualization and formalization of the personal dignity by scientists and legislation in the European countries. As a conclusion, it is shown that the observance of the right to personal dignity by the state will not only promote the exaltation of human dignity, but also simultaneously initiate the expansion of public law compensated by increasing the subjective rights.

Neural foundations to moral reasoning and antisocial behavior

Science.gov (United States)

Yang, Yaling

2006-01-01

A common feature of the antisocial, rule-breaking behavior that is central to criminal, violent and psychopathic individuals is the failure to follow moral guidelines. This review summarizes key findings from brain imaging research on both antisocial behavior and moral reasoning, and integrates these findings into a neural moral model of antisocial behavior. Key areas found to be functionally or structurally impaired in antisocial populations include dorsal and ventral regions of the prefrontal cortex (PFC), amygdala, hippocampus, angular gyrus, anterior cingulate and temporal cortex. Regions most commonly activated in moral judgment tasks consist of the polar/medial and ventral PFC, amygdala, angular gyrus and posterior cingulate. It is hypothesized that the rule-breaking behavior common to antisocial, violent and psychopathic individuals is in part due to impairments in some of the structures (dorsal and ventral PFC, amygdala and angular gyrus) subserving moral cognition and emotion. Impairments to the emotional component that comprises the feeling of what is moral is viewed as the primary deficit in antisocials, although some disruption to the cognitive and cognitive-emotional components of morality (particularly self-referential thinking and emotion regulation) cannot be ruled out. While this neurobiological predisposition is likely only one of several biosocial processes involved in the etiology of antisocial behavior, it raises significant moral issues for the legal system and neuroethics. PMID:18985107

What is the Role of Legal Systems in Financial Intermediation? Theory and Evidence

NARCIS (Netherlands)

Bottazzi, L.; Da Rin, M.; Hellmann, T.

2008-01-01

We develop a theory and empirical test of how the legal system affects the relationship between venture capitalists and entrepreneurs. The theory uses a double moral hazard framework to show how optimal contracts and investor actions depend on the quality of the legal system. The empirical evidence

Remedies for moral damage before the European Court of Human Rights: Cyprus v. Turkey case

Directory of Open Access Journals (Sweden)

Đajić Sanja

2014-01-01

Full Text Available This article provides the overview of the Cyprus v. Turkey judgment, a recently decided case before the Grand Chamber of the European Court for Human Rights. This is the first inter-State case which ended with pecuniary judgment for moral damages. The article begins with the overview of factual and legal issues in the Cyprus v. Turkey case which is followed by contextualizing this judgment within the general legal framework regarding moral damages and remedies available. The second part provides the insight into the case law of the International Court of Justice, European Court for Human Rights and international investment arbitration in order to assess the status of moral damages under general international law. While all international courts and tribunals recognize moral damage as a cause of action, they seem to respond differently to the issue of remedies. International Court of Justice seems to favour declaratory over pecuniary judgments; European Court of Human Rights tend to award both non-pecuniary and pecuniary remedies for moral damages; international investment tribunals seem to favour pecuniary remedies for moral damages. A separate issue is whether international law permits or rather proscribes punitive damages. While the ILC finds that general international law does not allow for punitive damages there are different opinions, at least within the ECHR setting, that moral damages are inherently punitive for fault-based conduct of the responsible state.

Wartime Women Rape: A Means of Moral Attack and Emasculation in Lynn Nottage’s Ruined

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Elaff Ganim Salih

2016-05-01

Full Text Available Women rape at warfare was considered a consequence of war in the social, literary and political world for a long period of time. Some criminals of rape escaped justice and others were persecuted on the basis that they were involved in mass rape because it was a natural consequence of war. But, women are targeted with rape in time of war because they are the symbolic representation of a culture, ethnicity, and the unifying fabric of their people and nation. The objective of this paper is to show that war rape is not a result of war; instead it is a means of human destruction through moral attack and emasculation. It aims to show that women rape in warfare is neither a misogynist act nor a sexual violence but it is a pre-planned weapon used strategically and systematically to fulfill certain political and military agenda. The study focuses on the sexual abuse of women in the Democratic Republic of Congo in time of war in Lynn Nottage’s Pulitzer Prize play, Ruined (2007. The study applies Jonathan Gottschall’s Strategic Rape theory, which highlights war rape as a pre-planned military strategy. The enemy emasculates men and attacks them morally by raping their women. Consequently, men’s failure to protect their women causes them to give up resistance, leave their lands and families because of shame and humiliation. The study concludes that women rape in time of war is a tactic followed by conquerors intentionally to facilitate and guarantee the achievement of certain pre-planned goals as was the case of mass rape in the DRC.

Moral intuitions, moral expertise, and moral reasoning

NARCIS (Netherlands)

Musschenga, A.W.

2009-01-01

In this article I examine the consequences of the dominance of intuitive thinking in moral judging and deciding for the role of moral reasoning in moral education. I argue that evidence for the reliability of moral intuitions is lacking. We cannot determine when we can trust our intuitive moral

ACCOUNTING BETWEEN LAW, ETHICS AND MORALITY

Directory of Open Access Journals (Sweden)

Anca-Simona N. HROMEI

2013-10-01

Full Text Available This paper deals with the fact that nowadays, society and business, show high expectations regarding the accounting discipline, and therefore professionals in this area should expand their horizons to meet all requirements. First of all, accounting assumed a certain responsibility to the public interest, by its fundamental purpose, namely to provide financial-accounting information, information that will form the basis of decision making. Second of all, for the successful fulfilment of the public responsibilities, accountants must rely on elements of doctrine, ethics, or ethics and morality. The study wants to show the importance of the accounting discipline, which has begun to increasingly focus on the creation of a moral or ethical basis, putting these issues on the same level with respecting the law. The boundary between what is legal but not ethical or moral is very small, and there were many business cases where unethical behaviour led to business failure.

Dehumanization increases instrumental violence, but not moral violence

Science.gov (United States)

Rai, Tage S.; Valdesolo, Piercarlo; Graham, Jesse

2017-01-01

Across five experiments, we show that dehumanization—the act of perceiving victims as not completely human—increases instrumental, but not moral, violence. In attitude surveys, ascribing reduced capacities for cognitive, experiential, and emotional states to victims predicted support for practices where victims are harmed to achieve instrumental goals, including sweatshop labor, animal experimentation, and drone strikes that result in civilian casualties, but not practices where harm is perceived as morally righteous, including capital punishment, killing in war, and drone strikes that kill terrorists. In vignette experiments, using dehumanizing compared with humanizing language increased participants’ willingness to harm strangers for money, but not participants’ willingness to harm strangers for their immoral behavior. Participants also spontaneously dehumanized strangers when they imagined harming them for money, but not when they imagined harming them for their immoral behavior. Finally, participants humanized strangers who were low in humanity if they imagined harming them for immoral behavior, but not money, suggesting that morally motivated perpetrators may humanize victims to justify violence against them. Our findings indicate that dehumanization enables violence that perpetrators see as unethical, but instrumentally beneficial. In contrast, dehumanization does not contribute to moral violence because morally motivated perpetrators wish to harm complete human beings who are capable of deserving blame, experiencing suffering, and understanding its meaning. PMID:28739935

Dehumanization increases instrumental violence, but not moral violence.

Science.gov (United States)

Rai, Tage S; Valdesolo, Piercarlo; Graham, Jesse

2017-08-08

Across five experiments, we show that dehumanization-the act of perceiving victims as not completely human-increases instrumental, but not moral, violence. In attitude surveys, ascribing reduced capacities for cognitive, experiential, and emotional states to victims predicted support for practices where victims are harmed to achieve instrumental goals, including sweatshop labor, animal experimentation, and drone strikes that result in civilian casualties, but not practices where harm is perceived as morally righteous, including capital punishment, killing in war, and drone strikes that kill terrorists. In vignette experiments, using dehumanizing compared with humanizing language increased participants' willingness to harm strangers for money, but not participants' willingness to harm strangers for their immoral behavior. Participants also spontaneously dehumanized strangers when they imagined harming them for money, but not when they imagined harming them for their immoral behavior. Finally, participants humanized strangers who were low in humanity if they imagined harming them for immoral behavior, but not money, suggesting that morally motivated perpetrators may humanize victims to justify violence against them. Our findings indicate that dehumanization enables violence that perpetrators see as unethical, but instrumentally beneficial. In contrast, dehumanization does not contribute to moral violence because morally motivated perpetrators wish to harm complete human beings who are capable of deserving blame, experiencing suffering, and understanding its meaning.

War rape, natality and genocide.

Science.gov (United States)

Schott, Robin May

2011-01-01

Feminist philosophy can make an important contribution to the field of genocide studies, and issues relating to gender and war are gaining new attention. In this article I trace legal and philosophical analyses of sexual violence against women in war. I analyze the strengths and limitations of the concept of social death—introduced into this field by Claudia Card—for understanding the genocidal features of war rape, and draw on the work of Hannah Arendt to understand the central harm of genocide as an assault on natality. The threat to natality posed by the harms of rape, forced pregnancy and forced maternity lie in the potential expulsion from the public world of certain groups—including women who are victims, members of the 'enemy' group, and children born of forced birth.

Is There Evil in Dying? Ethical and Legal Reflections concerning Induced Death

Directory of Open Access Journals (Sweden)

Alejandra Zúñiga F.

2011-08-01

Full Text Available The article analyzes the moral dilemmas associated with death and carries out a reflection on the questions that arise when death is considered trivial from the perspective of the individual who dies. Additionally, the article analyzes the ethical and legal consequences of acknowledging the moral autonomy of those who, in extreme circumstances, decide when and how to die.

Code of Ethics in a Multicultural Company and its Legal Context

Science.gov (United States)

Odlerová, Eva; Ďurišová, Jaroslava; Šramel, Bystrík

2012-12-01

The entry of foreign investors and simultaneous expansion of different national cultures, religions, rules, moral and ethical standards is bringing up problems of cooperation and coexistence of different nationalities, ethnicities and cultures. Working in an international environment therefore requires adaptation to a variety of economic, political, legal, technical, social, cultural and historical conditions. One possible solution is to define a code of ethics, guidelines which find enough common moral principles, which can become the basis for the adoption of general ethical standards, while respecting national, cultural differences and practices. In this article, the authors pay attention not only to the analysis of the common ethical rules in a multicultural company, but also to the legal aspects of codes of ethics. Each code of ethics is a set of standards, which, like the legal norms, regulate the behaviour of individuals. These standards, however, must simultaneously meet certain statutory criteria that define the boundaries of regulation of employee’s behaviour.

Neuroscience, Moral Psychology and Law: First Lines on the (Impossibility of Rational Persuasion

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Thais de Bessa Gontijo de Oliveira

2015-12-01

Full Text Available Although Law is often influenced by values, nowadays a widely held expert opinion is that the application of law is a result or rational reasoning. It is believed that those applying legal rules consider the conflicting arguments from both parties, and come to a decision by rational means. Nevertheless, new discoveries from Neuroscience and Moral Psychology show that many of these moral judgments that inevitably underlie legal judgments occur unconsciously and not rationally. Once such judgments are passed, they are immune to any dissenting rational  argument.  Through  literature  review,  we  discuss  in  the  present  paper  some derivations  of  these  new  findings  to  Law.  For  instance,  it  is  advisable  that  deeper philosophical training is installed in professional qualification for lawyers and magistrates, making  these  people  more  open-minded  towards  reasons  against  their  own  moral convictions. Furthermore, it is important to consider limiting the mandate of Hight Courts Ministers, in order to prevent that the moral convictions of these people pervade for too long.

Romanian Orthodox Priests on the World War I Fronts

Directory of Open Access Journals (Sweden)

Claudiu Cotan

2016-11-01

Full Text Available Unlike the World War II which brought a series of ideologies, such as Nazism and communism as reasons of outbreak, the World War I used religious themes in its propagandistic message, namely the idea to defend the homeland and faith. Religion was present in the propaganda promoted on the fronts of the Great War, and the military clergy – Catholic, Protestant, and Orthodox – supported it. The military clergy have morally supported the soldiers in the trenches, most of them coming from the peasantry and labor still attached to the Christian values. This study is trying to present the efforts of the Romanian military priests enrolled in the Austro-Hungarian and Romanian armies for spiritually helping the Romanian militaries.

Moral Responsibility and Legal Liability, or, Ethics Drives the Law

Science.gov (United States)

McGowan, Richard J.; Buttrick, Hilary G.

2015-01-01

As William Shaw's (2008) textbook states, by way of observation, "To a significant extent, law codifies a society's customs, ideals, norms, and moral values" (pp. 10-11). Shaw adds that "changes in the law tend to reflect changes in what a society takes to be right and wrong…" (p. 11). We think Shaw is correct, and we work to…

War, strategy, and defence: The tradition of international political thought

Energy Technology Data Exchange (ETDEWEB)

Robertson, D

1986-01-01

This major new textbook provides a survey and critique of the strands in theoretical work on international relations. Taking the avoidance or limitation of war as the central concern of IR theory, it treats the subject from both an historical and conceptual perspective. David Robertson begins his account with early natural law arguments such as those of Grotius, and then moves on to the complex moral philosophy of Kant, the more positivist developments of international law, and both the traditional and modern versions of 'just war' theory. Focusing next on the second major strand of thought, he covers the more pragmatic theorising which seeks to control war through the balance of power, collective security, and finally by nuclear deterrent.

If war is "just," so is abortion.

Science.gov (United States)

Kissling, F

1991-01-01

Currently Catholic bishops are applying an inconsistent ethical paradigm to the issues of war and abortion. Based on the seamless garment theory war, abortion and capital punishment are all immoral acts because they are of the same garment. They are all "killing acts" and as such they are immoral. However there is within the Catholic paradigm the idea of a just war. The just war theory states that the destruction of human life in war is justified if it is for a greater good. However abortion has no exceptions, there is no just abortion in the rules of the Catholic Church. The author takes the just war doctrine as presented by the Catholic Church and shows how it could easily apply to abortion. Both war and abortion involve the taking of a human life, but in the case of war the taking of a life is justified if it is done to protect your own life. The same exception in abortion would be to allow abortion when the mother's life is in danger. yet no such exception exists. The just war theory further states that was is necessary to protect national integrity, particularly if the violation erodes the quality of life for its citizens. The same exception for abortion would include allowing abortions for women who already have more children then they can care for or if having the child would erode the quality of life for the woman. Other aspects of the just war theory include the competence and goals of the national leaders. Women must also be allowed to be competent moral agents. Proponents of the seamless garment theory will bring up the fact that in a just war only combatants die yet the fetus is innocent. But no war has ever been fought without the loss of innocent civilians.

Moral Norms in Management Ethics

OpenAIRE

Gavrilescu Liviu

2011-01-01

The culture and values of a community shape its behavior with the support of all the norms, rules and institutions created for this purpose. Business environment is focused on the responsibility to company success. This philosophy is the base of business ethics, of specific rules systems, supplemented and not replaced by legal regulations. However, responsibility for business can come into conflict with the common morality of society, the public in general, creating an "ethical paradox". The ...

Cruelty to animals in Kazakhstan: moral and legislative aspects

OpenAIRE

Ahmetov, Roman; Baysalov, Aly; Rahymova, Gakku

2015-01-01

This article discusses the issues related to animal cruelty. Some problems of the moral side of such acts. Particular attention is paid to the legal aspects in the Republic of Kazakhstan in the field of animal protection, as compared with foreign countries, we have it developed quite weak.

On lifting the fog of war in the battle on heart disease: Star Wars technology in pursuit of a seamless integration strategy.

Science.gov (United States)

Espinosa, J A; Kosnik, L K; Kraitsik, M; Dillow, J C

1997-01-01

In our efforts to reduce cardiac morbidity and mortality we often use terms such as the "battle" or "war" on heart disease. If we believe efforts to reduce cardiac disease are the moral equivalent of war, then perhaps we should explore ways that military strategic and tactical metaphors can be applied through technology to the cardiac battle. In this article we explore three major areas for technological advancement: adaptation of the strategies of outcomes management and evidence-based medicine, computer simulation and animation efforts to create horizontal and vertical integration of strategic efforts, and use of interactive multimedia in "recruiting an army" through community empowerment. The overall goal is to find ways to lift "the fog of war" in the battle on heart disease, in order to further the integration of our various efforts.

The War in Afghanistan: A Legal Analysis

Science.gov (United States)

2009-01-01

parts of the legal environment. Al Qaeda’ s agents and franchisees often operate across political boundaries and may be independent of or have only...with illicit drug money and benefitting from either indifferent or actively sympathetic elements in some contiguous States, rein- forced its control...occupation forces failed in their attempts to pacify the country. A major reason for this failure was that the mujahedin benefitted from US weapons and

The Legal Ethical Backbone of Conscientious Refusal.

Science.gov (United States)

Munthe, Christian; Nielsen, Morten Ebbe Juul

2017-01-01

This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals' conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment, and this requirement is found to create serious problems for those wishing to defend the idea under consideration. We conclude that the notion of a legal right to conscientious refusal for any profession is either fundamentally incompatible with elementary legal ethical requirements, or implausible because it undermines the functioning of a related professional sector (healthcare) or even of society as a whole.

The UN’s moral responsibility in the ‘spill-over’ of genocide from Rwanda to the Democratic Republic of the Congo

OpenAIRE

Kovras, I.

2011-01-01

In recent years there has been growing interest in how societies and states should address past wrongdoing. Despite attention to issues of responsibility and moral reparation, however, institutional (moral) responsibility remains relatively unstudied. To this end, the article critically evaluates the UN’s moral responsibility in the world’s deadliest conflict since World War II, namely the conflict in the Democratic Republic of Congo (DRC). It argues that the UN Security Council should be hel...

Updates in the War against Terrorism.

Science.gov (United States)

Strickland, Lee S.

2002-01-01

Provides an update of new court cases related to Part IV of the series on Information and the War Against Terrorism. Discusses civil liberties versus security involving the legality of mandatory commercial use of biometrics as identification; and communication of privileged information between a person and his or her attorney. (LRW)

FROM WAR ECONOMIES TO PEACE ECONOMIES IN AFRICA

African Journals Online (AJOL)

Abel

temporary 'interruption' to an ongoing process of development”.4 The second ... indication of the changing nature of world political and economic trends .... (FDI), where war economies cannot, at least not in a positive or legal fashion.24 The.

Definitions of Violence: Narratives of Survivors From the War in Bosnia and Herzegovina.

Science.gov (United States)

Basic, Goran

2018-07-01

Previous research on violence during the war in Bosnia and Herzegovina has resulted in a one-sided presentation of the phenomenon of "war violence." Researchers have emphasized the importance of narratives in general but have not analyzed stories on war violence that were the product of interpersonal interaction and meaning-making activity. The aim of this article is to fill this knowledge gap by analyzing survivor narratives of the 1990s war in northwestern Bosnia. The focus is on analyzing interviewees' descriptions of wartime violence and the discursive patterns that contribute to constructing the phenomenon of "war violence." My analysis reveals an intimate relationship between how an interviewee interprets the biographical consequences of war violence and the individual's own war experiences. All interviewees described war violence as something that is morally reprehensible. These narratives, from both perpetrators of violence and those subjected to violence, recount violent situations that not only exist as mental constructions but also live on even after the war; thus, they have real consequences for the individuals and their society.

The legal status of sustainable development in the Nigerian ...

African Journals Online (AJOL)

Sustainable development underpins environmental governance in all jurisdictions, but its legal status is still controversial. The major problem which Nigerian courts and policy-makers will continue to face when implementing and enforcing sustainable development in environmental governance is whether it is a moral or ...

Legal Culture Viewed as a Factor of Civil Society Development in Russia

Directory of Open Access Journals (Sweden)

Ya V Zubova

2010-12-01

Full Text Available The article focuses on the civil society and its development in Russia in connection with the notion of legal culture. The legal culture is integral to people's social activities and it is inextricably intertwined into the system of social relations as a result of the regulatory control of the activity, the ranking and regulation of the public intercourse based on the law. The legal culture is uniquely positioned for exercising strong influence upon an individual since it involves competence, adherence and respect for the legal standards expressing the accumulated moral and political requirements of the society.

The dual moral self: moral centrality and internal moral motivation.

Science.gov (United States)

Krettenauer, Tobias

2011-01-01

In this study, the relationship between two aspects of the moral self, moral centrality and internal moral motivation, was analyzed. It is argued that these 2 aspects are conceptually distinct but nonetheless empirically related. Based on a cross-sectional study of 205 adolescents (M age = 14.83 years, SD = 2.21 years) it was found that moral centrality and internal moral motivation, even though substantially correlated, interacted in predicting moral emotion expectancies. Even though moral centrality was unrelated to adolescents' age it predicted a longitudinal increase in internal moral motivation over a 1-year interval. Overall, the findings call for a differentiation of moral centrality and internal moral motivation as 2 distinct but interrelated aspects of moral self-development that follow different developmental trajectories and are differentially related to age. At the same time, the study points out that adolescence may be less important for the development of the moral self than commonly assumed.

Confronting moral pluralism in posttraditional Western societies: bioethics critically reassessed.

Science.gov (United States)

Engelhardt, H Tristram

2011-06-01

In the face of the moral pluralism that results from the death of God and the abandonment of a God's eye perspective in secular philosophy, bioethics arose in a context that renders it essentially incapable of giving answers to substantive moral questions, such as concerning the permissibility of abortion, human embryonic stem cell research, euthanasia, etc. Indeed, it is only when bioethics understands its own limitations and those of secular moral philosophy in general can it better appreciate those tasks that it can actually usefully perform in both the clinical and academic setting. It is the task of this paper to understand and reevaluate bioethics by understanding these limits. Academic bioethicists can analyze ideas, concepts, and claims necessary to understanding the moral questions raised in health care, assessing the arguments related to these issues, and provide an understanding of the different moral perspectives on bioethical issues. In the clinical setting, bioethicists can provide legal advice, serve as experts on IRBs, mediating disputes, facilitating decision-making and risk management, and clarifying normative issues. However, understanding this is only possible when one understands the history, genesis, and foundations of bioethics and its inability to provide a resolution to postmodern moral pluralism.

Heroes and Cowards: Genealogy, Subjectivity and War in the Twenty-First Century

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Peter Lee

2018-04-01

Full Text Available From the wars of Ancient Greece to the collapsing Islamic State in the present, the same, apparently timeless protagonists appear and their stories told and re-told: the heroes, cowards and other combatants. This article proposes a framework which combines a Foucauldian genealogical approach with his conception of the subject as both constituted in relation to code-oriented moralities, and creatively self-formed in relation to ethics-oriented moralities (Foucault 1992, pp. 5, 25, to understand how it is possible to speak meaningfully of heroes and cowards in the age of the drone and the jihadist. Section one will explore the applicability of Foucauldian genealogy as the methodological basis for understanding present combatants in the context of war. The second section will assess Foucault’s ‘modes of subjectivation’ and ‘practices of the self’ (Foucault 1992, p. 28, as a means of analyzing the emergence of the subject of war over millennia, with emphasis on the ethical dimension of subjectivity that can be applied to heroes and cowards. Then the third section will use insights from Homer and Augustine to begin to illustrate how Foucault’s genealogical approach and his conception of ethical subjectivity combine to enable heroes and cowards to be meaningfully spoken of and better understood in the domain of war today. The purpose of such a study is to set out the basis on which political genealogy after Foucault can provide a nuanced conceptualization of subjectivity in modern war, as those subjects are formed, claimed, valorized and criticized by competing entities in contemporary political discourse.

Political and Legal Doctrine of Simon Bolivar

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Mixail V. Fedorov

2014-03-01

Full Text Available Present article is devoted to the legal, political and constitutional ideas of the outstanding leader of war of independence in Latin America Simon Bolivar that was called by his countrymen and contemporaries to be a LIBERATOR. In the present article author discusses complex genesis and evolution of the political and legal doctrine of Simon Bolivar. Review is conducted by author in the context of developing theory and practice of Latin American constitutionalism in the XIX century. Author conceptualized and revealed basic historical patterns of formation and development of Latin American countries during the War of Independence (1810-1826 period. Author conducted comprehensive analysis of the draft constitution which was developed by Simon Bolivar for the newly independent states of Latin America and reveals theoretical and practical problem of choosing Simon Bolivar republican form of government, such as a peculiar institution in the form of principle of the separation of powers, containing the fourth power. Author focuses on the questions of Simon Bolivar’s relationship to the constitutional institute of human rights, idea of relationship between state and church. Article also researches many other political, legal and constitutional ideas of Simon Bolivar, present views of historians, lawyers, political scientists, statesmen and public activists.

European Crises of Legally-constituted Public Power

DEFF Research Database (Denmark)

Kjær, Poul F.

2017-01-01

. The dual (trans-)national re-constitution of Western Europe in the years immediately after the Second World War, which the European integration process was an integrated part of, successfully remedied this development. However, over the last decades, Europe has experienced a ‘turn to governance’, which......The ‘turn to corporatism’ in the interwar period implied an erosion of the fragile institutionalisation of legally-constituted public power due to its suspension of the legal infrastructure of society and the concomitant breakdown of the distinction between the public and private realms of society...

Pragmatism, metaphysics, and bioethics: beyond a theory of moral deliberation.

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Pamental, Matthew

2013-12-01

Pragmatism has been understood by bioethicists as yet another rival in the "methods wars," as yet another theory of moral deliberation. This has led to criticism of pragmatic bioethics as both theoretically and practically inadequate. Pragmatists' responses to these objections have focused mainly on misunderstandings of pragmatism's epistemology. These responses are insufficient. Pragmatism's commitment to radical empiricism gives it theoretical resources unappreciated by critics and defenders alike. Radical empiricism, unlike its more traditional ancestors, undercuts the gaps between theory and practice, and subjective and objective accounts of experience, and in so doing provides the metaphysical and epistemological basis for a thoroughgoing empirical naturalism in ethics. Pragmatism's strength as an approach to moral problems thus emerges as a result of a much wider array of resources than contemporary interpreters have acknowledged, which makes it a richer, deeper framework for understanding moral deliberation in general and bioethical decision making in particular.

Moral knowledge and moral factuality

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Ron Wilburn

2010-12-01

Full Text Available http://dx.doi.org/10.5007/1677-2954.2008v7n1p69For naturalistic and non-intuitionistic moral realists, moral knowledge is more problematic than ordinary and scientific factual knowledge. For without special faculties of moral discernment, how could we ever detect moral facts and properties? Physical facts and properties may be accessible to perceptual recognition. But how could moral facts and properties ever be similarly accessible? To address this challenge, we need a meta-ethical account that does two things. First, it must explain how the discernment of moral facts and properties ultimately consists only of the detection of appropriate physical items. Second, it must explain why, despite this fact, moral perception seems so very puzzling. In this paper I endeavor to provide such an account. It is largely because of the relational nature of moral properties, and the corresponding externalistically determined normative content of moral property terms, I argue, that our epistemic access to moral knowledge appears mysterious. The metaphysics of moral factuality does a lot to explain the seeming elusiveness of moral knowledge, and in ways that are surprisingly mundane.

Modern Questions Of The Legal Philosophy

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Gennadiy A. Torgashev

2014-06-01

Full Text Available In the present article author considers fundamental problems of law connected with equality, justice and freedom. Author proves that philosophy and law as forms of public consciousness carry out the important closely interconnected among themselves functions of the social life judgment. In the article author noted that among other forms of public consciousness law is one of difficult objects of knowledge, because law is connected with such forms of consciousness as philosophy, morals, religion, policy. The legal philosophy is the philosophical discipline having the subject the general regularities of law functioning, taken in their historical and sociocultural development, definition and the sense of legal judgment and its fundamental concepts. Law represents a set of obligatory rules of conduct (norms established by the authorized or the state. Diverse spiritual life of the society assumes a variety in the nature of law. The typology of philosophical concepts of the law and how the legal philosophy interprets legal reality is researched, various philosophical and legal concepts which are caused by two main types of rights – natural and positive are allocated. Author gives opinions of scientists, and explains own views of the author.

The American War on Human Rights: Current Issues

OpenAIRE

Boutrup, Louise Skovgaard; Jørgensen, Merete Gro

2017-01-01

The War on Terror (WoT), has been defended by its proponents, with a claim that all means, illegal and legal, are justified when fighting the WoT. Critics have questioned if the standards of the human right norms have been met. The use of targeted killings by drones have posed new questions, specifically the Central Intelligence Agency’s (CIA) drone-program, which uses targeted killings as a tool to fight terrorism. The research study aims to answer the following question: “Can the War on Ter...

From Folk Morality to Moral Philosophy

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J Peikani

2014-02-01

Full Text Available According to our terminology, the mechanism people follow in moral judgments, which is far from the sayings and rules of moral philosophers, is folk morality. Above all, people in moral judgments regard human moral capacity and do not expect full morality of any one. People suppose that perfect moral life is an ideal which is beyond human abilities. This hidden presupposition forms the foundation of human moral behavior. On the other hand, it seems that the moral systems originating from moral philosophy have been constructed a priori and, assuming a perfect man, they expect people to become such a person. It seems that it is necessary for moral philosophers to change their way and begin speculation with respect to people’s moral capacities. In this paper, we argue that minimal ethical speculation increases the level of morality in society. The basis of this turn is new progresses and findings in the field of psychology and the connection between psychology and moral philosophy a connection which will be more and more important for moral philosophers parallel to scientific progresses. Of course, this is an immature idea and therefore confronts with some critiques.

Humanitarian Interventions and Just War: Legal, Moral, and Political Implications

National Research Council Canada - National Science Library

Burns, Leslie

2000-01-01

.... State sovereignty is protected under Chapter I, Article 2 of the United Nations (UN) Charter. The Charter provides limited specific exceptions for a state to use armed force against another state, with UN Security Council authorization...

From Law to Paradise: Confessional Catholicism and Legal Scholarship

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Wim Decock

2011-01-01

Full Text Available This paper is a prolegomenon to further study of the intensified relationship between law and moral theology in early modern times. In a period characterized by a growing anxiety for the salvation of the soul (»Confessional Catholicism«, a vast literature for confessors, which became increasingly juridical in nature, saw the light between roughly 1550 and 1650. By focussing on some of the most important Jesuit canonists and moral theologians, this article first seeks to explain why jurisprudence became regarded as an indispensable tool to solve moral problems. While Romano-canon law showed its merits as an instrument of precision to come to grips with concrete qualms of conscience, with the passing of time it also became studied for its own sake. The second part of this paper, therefore, illustrates how the legal tradition, particularly with regard to the law of obligations, was reshaped in the treatises of the moral theologians.

Common morality and moral reform.

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Wallace, K A

2009-01-01

The idea of moral reform requires that morality be more than a description of what people do value, for there has to be some measure against which to assess progress. Otherwise, any change is not reform, but simply difference. Therefore, I discuss moral reform in relation to two prescriptive approaches to common morality, which I distinguish as the foundational and the pragmatic. A foundational approach to common morality (e.g., Bernard Gert's) suggests that there is no reform of morality, but of beliefs, values, customs, and practices so as to conform with an unchanging, foundational morality. If, however, there were revision in its foundation (e.g., in rationality), then reform in morality itself would be possible. On a pragmatic view, on the other hand, common morality is relative to human flourishing, and its justification consists in its effectiveness in promoting flourishing. Morality is dependent on what in fact does promote human flourishing and therefore, could be reformed. However, a pragmatic approach, which appears more open to the possibility of moral reform, would need a more robust account of norms by which reform is measured.

Affirmation of the Legal Status of Taxpayers in Montenegro

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Božović Srđa

2016-09-01

Full Text Available Public needs cannot be adequately funded without a clear and legally based affirmative legal status of taxpayers. The promotion and protection of their rights and regular fulfilment of tax obligations by taxpayers is the basis of fiscal and financial stability of the country and other public collectivities. It is essential for Montenegro to overcome the traditional gap between taxpayers and tax administration through their partnership. At the same time, we must not jeopardize the basic purpose of taxation - legal and timely payment of taxes. Simple and stable tax regulations and a non-discriminating and subtle approach to building tax discipline and development of tax morale should serve that purpose.

Teaching Morally and Teaching Morality

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Fenstermacher, Gary D.; Osguthorpe, Richard D.; Sanger, Matthew N.

2009-01-01

In this article, the authors introduce what they believe is an important distinction between teaching morality and teaching morally. In P-12 schools, the moral education debate often focuses on character education programs or other moral curricula. Such programs and curricula are championed as a means of teaching morality and transmitting moral…

Thanks, but no thanks: how denial of osteopathic service in World War I and World War II shaped the profession.

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Silver, Shawn A

2012-02-01

Osteopathic physicians were denied the same rights and privileges that were granted to allopathic physicians by the US government regarding voluntary and compulsory service in World War I and World War II. Even after changes to the examination process allowed osteopathic physicians to take the examinations required to obtain commission as a physician in the army, osteopathic physicians' service was still rejected. The US government's decision to ban DOs from serving in the war was a blessing in disguise that led to tremendous changes in osteopathic medicine, education, and public acceptance of osteopathic physicians. Using primary documents from military officials, congressional hearings, and archived publications of the American Osteopathic Association, the author recounts the battle osteopathic physicians fought to serve their country during war and the challenges they faced while obtaining both legal and social equality in the eyes of the government and the public.

USAGES – THE LEGAL REGIME IN NEW CIVIL CODE

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EMILIAN CIONGARU

2013-05-01

Full Text Available In the broad sense, the concept of law is represented by totality of acts that are elaborated by competent state authorities and their purpose is legislating. There are juridical situations are outside the scope of regulation of legal norms and they are stipulated by the New Civil Code, namely the usages: which are defined, in the broad sense, as rules of conduct for a long time, born of social practice. If the law sanctioned any usage, by a rule of reference, giving them, as such obligatory legal power, they are sources of law and the legislator has provided, as is source of civil law, only usages which are in conformity to public order and morality. This problem there was no in the case of legal rules because, they themselves are created with the purpose of to generate the public order and morality. In the situations not covered by law, the usages have a greater force than that of the legal dispositions regarding similar situations, so the broad interpretation of the rules of civil law is made, in the cases which are not covered by the law, only if such an interpretation is not contrary to the usages. An analysis and understanding of the juridical status of usages representing: the customs and the local habits which is accepted by the members of that community as well as the professional uses, as rules of development of professional activities, may result in to perceive the legal force of their but also to reduce, on as much as possible, some potentials confusions of interpretation and application of the law.

Moral emotions and moral behavior.

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Tangney, June Price; Stuewig, Jeff; Mashek, Debra J

2007-01-01

Moral emotions represent a key element of our human moral apparatus, influencing the link between moral standards and moral behavior. This chapter reviews current theory and research on moral emotions. We first focus on a triad of negatively valenced "self-conscious" emotions-shame, guilt, and embarrassment. As in previous decades, much research remains focused on shame and guilt. We review current thinking on the distinction between shame and guilt, and the relative advantages and disadvantages of these two moral emotions. Several new areas of research are highlighted: research on the domain-specific phenomenon of body shame, styles of coping with shame, psychobiological aspects of shame, the link between childhood abuse and later proneness to shame, and the phenomena of vicarious or "collective" experiences of shame and guilt. In recent years, the concept of moral emotions has been expanded to include several positive emotions-elevation, gratitude, and the sometimes morally relevant experience of pride. Finally, we discuss briefly a morally relevant emotional process-other-oriented empathy.

PALABRAS MORALES EN LAS CONSTITUCIONES. UNA CUESTIÓN DE LECTURAS

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Roberto Marino Jiménez Cano

2012-06-01

Full Text Available Resumen: El presente trabajo pretende indagar y analizar las fuentes de significado de las diferentes referencias morales contenidas en las constituciones. El trabajo, así, envolverá varias posibles interpretaciones o “lecturas” acerca de tales fuentes de significado. Por ejemplo, se analizará una lectura intencional, una lectura literal, una lectura moral, una lectura pragmática. Todas ellas consecuentes con los tipos de interpretación más usuales en la literatura iusfilosófica actual. Tras apuntar los diversos inconvenientes de todas esas lecturas, en el trabajo se apostará por una “lectura personal”, es decir, por la subjetividad como fuente de significado de las palabras morales en las constituciones.   Abstract: This paper aims to explore and analyze the sources of meaning of different moral references contained in constitutions. The work thus involves several possible interpretations or readings about such sources of meaning. For example, intentional reading, literal reading, moral reading, and pragmatist reading. All of these consistent with the most common types of interpretation in the current legal philosophy. After explaining the unsuitable of all these readings, this paper will defend a “personal reading”, namely the subjectivity as the source of meaning of moral words in constitutions.

Moral implications of obstetric technologies for pregnancy and motherhood.

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Brauer, Susanne

2016-03-01

Drawing on sociological and anthropological studies, the aim of this article is to reconstruct how obstetric technologies contribute to a moral conception of pregnancy and motherhood, and to evaluate that conception from a normative point of view. Obstetrics and midwifery, so the assumption, are value-laden, value-producing and value-reproducing practices, values that shape the social perception of what it means to be a "good" pregnant woman and to be a "good" (future) mother. Activities in the medical field of reproduction contribute to "kinning", that is the making of particular social relationships marked by closeness and special moral obligations. Three technologies, which belong to standard procedures in prenatal care in postmodern societies, are presently investigated: (1) informed consent in prenatal care, (2) obstetric sonogram, and (3) birth plan. Their widespread application is supposed to serve the moral (and legal) goal of effecting patient autonomy (and patient right). A reconstruction of the actual moral implications of these technologies, however, reveals that this goal is missed in multiple ways. Informed consent situations are marked by involuntariness and blindness to social dimensions of decision-making; obstetric sonograms construct moral subjectivity and agency in a way that attribute inconsistent and unreasonable moral responsibilities to the pregnant woman; and birth plans obscure the need for a healthcare environment that reflects a shared-decision-making model, rather than a rational-choice-framework.

The Activities of Community Organizations in Providing Assistance to Prisoners of World War I

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Gulzhaukhar K. Kokebayeva

2016-12-01

Full Text Available The main purpose of this article is to examine the activities of the International Committee of the Red Cross and other community organizations in providing assistance to prisoners of the World War I. According to Article 15 of the Hague Convention of 1907, organizations that assist the prisoners of war, as well as their representatives can use all the benefits from the authorities of the warring countries. Representatives of these organizations are allowed to distribute benefits to places of detention of POWs, provided that a nominal permit is issued by the military authorities. During the World War I, the community organizations played a significant role in providing material and moral support to prisoners of war of belligerent countries. The role of the Red Cross in the protection of war victims and providing assistance to the POWs during the World War I is undeniable, international and national organizations interacted as natural mediators and influenced their own governments, in order to further alleviate the plight of the prisoners of war.

Modeling and Analysis of Resolve and Morale for the ̀Long War

National Research Council Canada - National Science Library

Artelli, Michael J

2007-01-01

.... The first of these factors is moral influence which Sun Tzu defines as "that which causes the people to be in harmony with their leaders, so they will accompany them in life and death without fear of mortal peril...

Moral sensitivity, moral distress, and moral courage among baccalaureate Filipino nursing students.

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Escolar-Chua, Rowena L

2018-06-01

Moral distress, moral sensitivity, and moral courage among healthcare professionals have been explored considerably in recent years. However, there is a paucity of studies exploring these topics among baccalaureate nursing students. The purpose of this study was to explore the relationship between and among moral distress, moral sensitivity, and moral courage of undergraduate baccalaureate nursing students. The research employed a descriptive-correlational design to explore the relationships between and among moral distress, moral sensitivity, and moral courage of undergraduate nursing students. Participants and research context: A total of 293 baccalaureate Filipino nursing students who have been exposed to various clinical areas participated in the study. Ethical considerations: Institutional review board approval was sought prior to the conduct of the study. Self-determination was assured and anonymity and confidentiality were guaranteed to all participants. Results indicate that a majority of the nursing students in the clinical areas encounter morally distressing situations that compromise quality patient care. However, despite the fact that they want to do what is in the best interest of their patients, their perception of being the inexperienced among the healthcare team drives the majority of them to ignore morally distressing situations to avoid conflict and confrontation. Another interesting finding is that 79.20% of the respondents hardly consider quitting the nursing profession even if they frequently encounter morally distressing situations. Analysis also shows associations between moral distress intensity and frequency ( r = 0.13, p < 0.05) and moral distress intensity and moral sensitivity ( r = 0.25, p < 0.05). The dimensions of moral courage are also related to both moral distress and moral sensitivity. Results of the study imply that moral distress is a reality among all healthcare professionals including nursing students and requires more

Women in the Legal Profession: A Progress Report.

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Fossum, Donna

1981-01-01

The modern women's movement and the exigencies of the Vietnam War combined to produce a dramatic change in the composition of law school student bodies in only a few years. The speed with which women continue to be incorporated into the legal profession will be affected by many factors. (MLW)

LEGAL CONSCIOUSNESS OF YOUTH IN CONDITIONS OF VOCATIONAL EDUCATION: PROBLEMS AND SOLUTIONS

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R. R. Kalinina

2014-10-01

Full Text Available Goal: to study peculiarities of legal consciousness among youth in conditions of vocational education in legal and non-legal fields.Methods and practices: empirical (Assessing moral development: dilemmas by L. Kohlberg, Practice of self-analysis diagnostics by A.V. Karpov, Test on legal and civic consciousness by L.A. Yasyukova, “Level of Subjective Control” methodology by E.F. Bazhin et al. and mathematical and statistical methods (descriptive, comparative, and cluster analyses.Result: Peculiarities of contents in legal consciousness and its regulatory function in students of legal and non-legal programs were identified. Three types of students were determined: those with non-formed legal consciousness, with formed legal consciousness and with formal legal consciousness; main directions for psychological and pedagogical work in the university to develop adequate legal consciousness in students of various fields were set.Applicability of results: results of the research can be applied when developing elective courses, extracurricular activities, strategy for character-building work of the university, both in training lawyers and other professionals.

Initial psychometric evaluation of the Moral Injury Questionnaire--Military version.

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Currier, Joseph M; Holland, Jason M; Drescher, Kent; Foy, David

2015-01-01

Moral injury is an emerging construct related to negative consequences associated with war-zone stressors that transgress military veterans' deeply held values/beliefs. Given the newness of the construct, there is a need for instrumentation that might assess morally injurious experiences (MIEs) in this population. Drawing on a community sample of 131 Iraq and/or Afghanistan Veterans and clinical sample of 82 returning Veterans, we conducted an initial psychometric evaluation of the newly developed Moral Injury Questionnaire-Military version (MIQ-M)-a 20-item self-report measure for assessing MIEs. Possibly due to low rates of reporting, an item assessing sexual trauma did not yield favourable psychometric properties and was excluded from analyses. Veterans in the clinical sample endorsed significantly higher scores across MIQ-M items. Factor analytic results for the final 19 items supported a unidimensional structure, and convergent validity analyses revealed that higher scores (indicative of more MIEs) were correlated with greater general combat exposure, impairments in work/social functioning, posttraumatic stress and depression in the community sample. In addition, when controlling for demographics, deployment-related factors and exposure to life threat stressors associated with combat, tests of incremental validity indicated that MIQ-M scores were also uniquely linked with suicide risk and other mental health outcomes. These findings provide preliminary evidence for the validity of the MIQ-M and support the applicability of this measure for further research and clinical work with Veterans. Military service can confront service members with experiences that undermine their core sense of humanity and violate global values and beliefs. These types of experiences increase the risk for posttraumatic maladjustment in this population, even when accounting for rates of exposure to life threat traumas. Moral injury is an emerging construct to more fully capture the many

Moral Emotions and Morals

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Rocío Orsi Portalo

2006-12-01

Full Text Available My aim in this paper is to explore the ambivalent role played by the so called moral emotions in moral thinking, overall when the concept of responsibility is concerned. In the first part of this paper I show how moral emotions such as guilt and shame can appear in circumstances that are not under the agent’s control, and therefore the agent could be though of free or responsibility for them. By contrast, in the second part of this essay I put how the absence of moral emotions, or their twisted development, makes as well the flourishing of individual morality impossible.

Fostering Nurses' Moral Agency and Moral Identity: The Importance of Moral Community.

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Liaschenko, Joan; Peter, Elizabeth

2016-09-01

It may be the case that the most challenging moral problem of the twenty-first century will be the relationship between the individual moral agent and the practices and institutions in which the moral agent is embedded. In this paper, we continue the efforts that one of us, Joan Liaschenko, first called for in 1993, that of using feminist ethics as a lens for viewing the relationship between individual nurses as moral agents and the highly complex institutions in which they do the work of nursing. Feminist ethics, with its emphasis on the inextricable relationship between ethics and politics, provides a useful lens to understand the work of nurses in context. Using Margaret Urban Walker's and Hilde Lindemann's concepts of identity, relationships, values, and moral agency, we argue that health care institutions can be moral communities and profoundly affect the work and identity and, therefore, the moral agency of all who work within those structures, including nurses. Nurses are not only shaped by these organizations but also have the power to shape them. Because moral agency is intimately connected to one's identity, moral identity work is essential for nurses to exercise their moral agency and to foster moral community in health care organizations. We first provide a brief history of nursing's morally problematic relationship with institutions and examine the impact institutional master narratives and corporatism exert today on nurses' moral identities and agency. We close by emphasizing the significance of ongoing dialogue in creating and sustaining moral communities, repairing moral identities, and strengthening moral agency. © 2016 The Hastings Center.

Individual moral development and moral progress

NARCIS (Netherlands)

Schinkel, Anders; de Ruyter, Doret J.

At first glance, one of the most obvious places to look for moral progress is in individuals, in particular in moral development from childhood to adulthood. In fact, that moral progress is possible is a foundational assumption of moral education. Beyond the general agreement that moral progress is

Individual Moral Development and Moral Progress

NARCIS (Netherlands)

Schinkel, Anders; de Ruyter, Doret J.

2017-01-01

At first glance, one of the most obvious places to look for moral progress is in individuals, in particular in moral development from childhood to adulthood. In fact, that moral progress is possible is a foundational assumption of moral education. Beyond the general agreement that moral progress is

Nurses and national socialism--a moral dilemma: one historical example of a route to euthanasia.

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Hoskins, Sylvia Anne

2005-01-01

If euthanasia were to be made legal in other countries apart from The Netherlands and Belgium, nurses would be faced with ethical dilemmas that could impact on their professional accountability and their personal moral beliefs. As a part of history has demonstrated, the introduction of the practice of euthanasia could also significantly change the relationship between nurses and patients. In Germany between 1940 and 1945, in response to a government directive, nurses participated in the practice of euthanasia and as a result many innocent German people were killed by what were considered to be 'mercy deaths'. It is important to try and understand the moral thinking and examine the complex issues at this historical junction that led German nurses to participate in the killing of thousands of innocent people. Such reflection may help to stimulate an awareness of the moral issues that nurses in the twenty-first century could confront if euthanasia were to be made legal in their own country. This has implications for future nursing practice.

Terminating a Child’s Life? Religious, Moral, Cognitive, and Emotional Factors Underlying Non-Acceptance of Child Euthanasia

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Csilla Deak

2017-04-01

Full Text Available Is opposition to child euthanasia motivated only by ideology, or also by other personality characteristics and individual differences? In Belgium, the first country to legalize child euthanasia (in 2014, we investigated religious, moral, emotional, and cognitive factors underlying the (disapproval of this legalization ('N' = 213. Disapproval was associated with religiousness, collectivistic morality (loyalty and purity, and prosocial dispositions, in terms of emotional empathy and behavioral generosity, but not values (care and fairness. It was also associated with low flexibility in existential issues and a high endorsement of slippery slope arguments, but not necessarily low openness to experience. A regression analysis showed that in addition to religiousness, low flexibility in existential issues and high empathy and generosity distinctly predicted opposition to child euthanasia. Whereas most of the findings parallel those previously reported for adult euthanasia, the role of prosocial inclinations in predicting moral opposition seems to be specific to child euthanasia.

Legal Protection Against The Dance Creator In Indonesia

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Juwita

2015-08-01

Full Text Available This research aimed to find out and to analyze the ideal legal protection so it can encourage the creator of dance in developing a creation in the field of dance and to find out and to analyze and to get the concept of legal protection of copyright in the field of dance after the enactment of Act No. 28 of 2014 concerns Copyright. This research is empirical juridical. The technique of collecting legal material is conducted through interviews questionnaires to respondents and literature study i.e by collecting various documents in the form of primary secondary and tertiary legal materials. The results of research showed that 1. Dance is a part of copyright associated with diverse art and culture owned by the Indonesian certainly dance produced by consume energy thoughts time and cost by Dance Creator with regard to the creation the state has given protection of dance creator for art as stipulated in Article 40 letter e of Act No. 28 of 2014 as an expression of respect and appreciation to the Dance Creator 2 In association with the regulation on the protection of creative works of art dance regulated in Act No. 28 of 2014 the creator of dance argues is very important to give the protection of dance creator for their copyrighted works particularly their rights as a creator of dance i.e moral and economic rights. Giving moral and economic rights cannot be felt fully by the creator of dance this is due to the creator of dance does not have an institutions that will accommodate the creativity of creators that useful for their welfare.

Awareness of Societal Issues among High School Biology Teachers Teaching Genetics

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Lazarowitz, Reuven; Bloch, Ilit

2005-01-01

The purpose of this study was to investigate how aware high school biology teachers are of societal issues (values, moral, ethic, and legal issues) while teaching genetics, genetics engineering, molecular genetics, human heredity, and evolution. The study includes a short historical review of World War II atrocities during the Holocaust when…

Re-Examining Patriotism in Japanese Education: Analysis of Japanese Elementary School Moral Readers

Science.gov (United States)

Anzai, Shinobu

2015-01-01

In 1947 the Fundamental Law of Education (FLE) defined the pacifist principles for post-war Japanese education and was revised in 2006 for the first time in nearly 60 years. The revised FLE stipulates the importance of teaching love for country and region and Japanese culture and traditions with special emphasis on moral education. Today, this…

THE SECOND WORLD WAR AND UKRAINE: HISTORY AND MODERNITY

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EVSEEVA G. P.

2015-09-01

Full Text Available Statement of the problem. Despite the attempts of historians to objectively present the events of the prehistory and history of the war, the opening of new archives and the desire to get rid of ideological stereotypes, are driving the need to once again explore the role of Ukraine in world war II to prevent its recurrence. On the other hand, the deep understanding of the history of the previous generations will provide an opportunity to properly understand the events of today. The analysis of the research. During the years of independence in the national historiography it was a new understanding of the conceptual foundations of the study of war. Over the past decade it was written a large number of scientific studies in which the main direction of new concepts there was an increased attention to the person, separate social groups and society as a whole in situations of conflict and crises. The article aims to analyze the role and place of Ukraine in the events of the Second world war; identify "Ukrainian dimension" of war and its implications for the modern generation, especially the youth. Conclusion. The effects of war for decades identified the complex and contradictory political, economic and social processes in Ukrainian society, affected the moral and psychological qualities of post-war generations. The memory of war – spiritual-historical heritage of our nation, which lays the foundations for self-sufficiency and identity and integrates it seamlessly into a civilizational flow. The modern level of researches of the events of world war II pays special attention to humanitarian problems of the war. For the youth of Ukraine it is important to join the European perception of the war as tragedy, to understand the responsibility for the memory of the past, because it's a chance for the future.

Individual moral development and moral progress

OpenAIRE

Schinkel, Anders; de Ruyter, Doret J.

2017-01-01

At first glance, one of the most obvious places to look for moral progress is in individuals, in particular in moral development from childhood to adulthood. In fact, that moral progress is possible is a foundational assumption of moral education. Beyond the general agreement that moral progress is not only possible but even a common feature of human development things become blurry, however. For what do we mean by ‘progress’? And what constitutes moral progress? Does the idea of individual m...

Corporate legal responsibility: A levinasian perspective

OpenAIRE

Soares, Conceição

2008-01-01

In this article I will look into Corporate Legal Responsibility taking into account Levinas’s notion of infinite responsibility, as well as his understanding of ethical language. My account of Levinas’s philosophy will show that it challenges – breaking down – deeply entrenched distinctions in the dominant strands of moral philosophy, within which the theory of individual responsibility is embedded, such as between:(1) duty to others on the one hand and supererogation on the other; (2) perfec...

Gender characteristics of legal conscience in internal affairs agencies staff

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Kuznetsova O.V.

2016-06-01

Full Text Available This article presents the empirical research results of the level of legal conscience forming in law enforcement officials. The study of gender specifics of personnel is now becoming more and more relevant due to a constant increase in the number of women entering the Ministry of Internal Affairs service. The study involved 160 male and 120 female staff members. Analysis of the results revealed a general legal conscience trend typical for male and female employees which manifests in a high level of legal knowledge, adequate understanding of group relativity of moral and ethical norms, civic un-engagement and disinterest to leadership role. This trend reflects a certain viewpoint when human rights are considered to include only freedom, independence and personal self-assertion without responsibility and civic duties. It was found that female employees have higher level of legal conscience forming than male employees. This led to the conclusion of a high-availability of female employees to comply with legal regulations and requirements.

Adolescents' Perceptions of Institutional Fairness: Relations with Moral Reasoning, Emotions, and Behavior

Science.gov (United States)

Arsenio, William F.; Preziosi, Susanna; Silberstein, Erica; Hamburger, Benjamin

2012-01-01

This article addresses how low-income urban adolescents view the fairness of different aspects of American society, including how wealth is distributed, the nature of legal constraints, and overall social opportunities and legitimacy. This research emerged from efforts to understand the moral and emotional nature of some adolescents' aggressive…

Parameters, Journal of the US Army War College, Volume 14, Number 4, Winter 1984.

Science.gov (United States)

1984-01-01

Pa.: US Army War College, Strategic Studies In- 31. A Energia Nuclear no Brasil (Rio de Janeiro: stitute, 1979), p. 17. Biblioteca do Exercito Editors...security factors exist. These would be Monetary Fund officials. "Balance of Payments," in Annual US-Mexican relationships, moral renovation , demographic

Collaborative Legal Pluralism

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Wim Decock

2017-01-01

Full Text Available Legal pluralism calls into question the monopoly of the modern state when it comes to the production and the enforcement of norms. It rests on the assumption that juridical normativity and state organization can be dissociated. From an early modern historian’s perspective, such an assumption makes perfect sense, the plural nature of the legal order being the natural state of affairs in imperial spaces across the globe in the sixteenth and seventeenth centuries. This article will provide a case study of the collaborative nature of the interaction between spiritual and temporal legal orders in Spain and its overseas territories as conceived by Tomás de Mercado (ca. 1520–1575, a major theologian from the School of Salamanca. His treatise on trade and contracts (1571 contained an extended discussion of the government’s attempt to regulate the grain market by imposing a maximum price. It will be argued that Mercado’s view on the bindingness of economic regulations in conscience allowed for the internalization of the regulatory power of the nascent state. He called upon confessors to be strict enforcers of state law, considering them as fathers of the republic as much as fathers of faith. This is illustrative of the »collaborative form of legal pluralism« typical of the osmotic relationship between Church and State in the early modern Spanish empire. It contributed to the moral justification of state jurisdictions, while at the same time, guaranteeing a privileged role for theologians and religious leaders in running the affairs of the state.

Hipokrato priesaika ir eutanazijos bei padėjimo nusižudyti kriminalizavimas: baudžiamosios teisės ir moralės santykio problemos

OpenAIRE

Liesis, Mantas

2008-01-01

Law and morality shares the same essence normative aspect. They both regulate relationships among people. Values determine if morality becomes law or vice versa - law becomes morality. The use of criminal law as the means for solving social problems shows the repressive nature of society. There are no non-moral institutes, categories of criminal law. Criminal law provisions should be applied in the light of basic values. Constitution of the Republic of Lithuania is the main value legal docume...

Moralization Through Moral Shock: Exploring Emotional Antecedents to Moral Conviction.

Science.gov (United States)

Wisneski, Daniel C; Skitka, Linda J

2017-02-01

The current research tested whether exposure to disgusting images increases moral conviction and whether this happens in the presence of incidental disgust cues versus disgust cues relevant to the target of moralization. Across two studies, we exposed participants to one of the four sets of disgusting versus control images to test the moralization of abortion attitudes: pictures of aborted fetuses, animal abuse, non-harm related disgusting images, harm related disgusting images, or neutral pictures, at either sub- or supraliminal levels of awareness. Moral conviction about abortion increased (compared with control) only for participants exposed to abortion-related images at speeds slow enough to allow conscious awareness. Study 2 replicated this finding, and found that the relationship between attitudinally relevant disgust and moral conviction was mediated by disgust, and not anger or harm appraisals. Findings are discussed in terms of their relevance for intuitionist theories of morality and moral theories that emphasize harm.

Mediterranean drama: pragmatic, legal and moral aspects of hospitality

OpenAIRE

Nowak, Ewa

2015-01-01

Hospitality is „not a concept which lends itself to objective knowledge,” Jacques Derrida assumes. His assumption „provokes” and challenges European hospitability, not only in the Mediterranean area in which „welcoming” and „ingratiating” (in Derrida’s terms) forms of human conduct met together thousands years ago, and an asylum seeker found hospitia. What is hospitality and why philosophize about it today? The paper examines hospitality’s pragmatic, customary, legal and ...

Moral distress and moral conflict in clinical ethics.

Science.gov (United States)

Fourie, Carina

2015-02-01

Much research is currently being conducted on health care practitioners' experiences of moral distress, especially the experience of nurses. What moral distress is, however, is not always clearly delineated and there is some debate as to how it should be defined. This article aims to help to clarify moral distress. My methodology consists primarily of a conceptual analysis, with especial focus on Andrew Jameton's influential description of moral distress. I will identify and aim to resolve two sources of confusion about moral distress: (1) the compound nature of a narrow definition of distress which stipulates a particular cause, i.e. moral constraint, and (2) the distinction drawn between moral dilemma (or, more accurately, moral conflict) and moral distress, which implies that the two are mutually exclusive. In light of these concerns, I argue that the definition of moral distress should be revised so that moral constraint should not be a necessary condition of moral distress, and that moral conflict should be included as a potential cause of distress. Ultimately, I claim that moral distress should be understood as a specific psychological response to morally challenging situations such as those of moral constraint or moral conflict, or both. © 2013 John Wiley & Sons Ltd.

Refining moral agency: Insights from moral psychology and moral philosophy.

Science.gov (United States)

Milliken, Aimee

2018-01-01

Research in moral psychology has recently raised questions about the impact of context and the environment on the way the human mind works. In a 2012 call to action, Paley wrote: "If some of the conclusions arrived at by moral psychologists are true, they are directly relevant to the way nurses think about moral problems, and present serious challenges to favoured concepts in nursing ethics, such as the ethics of care, virtue, and the unity of the person" (p. 80). He urges nurse ethicists and scholars to evaluate the impact these findings may have for moral theory. In this paper, I review some of Paley's (Nursing Philosophy, 13, 2012, 80) critique, focusing on the argument that theories of nursing ethics have failed to account for the role of context; both in terms of its impact on the way nurses make moral judgements and in terms of the environment's influence on the way the mind works. I then examine nursing literature on moral agency, and focus on the role of the environment and context play within existing theory. I argue that theories of moral agency have often accounted for the role of context on the way nurses make decisions; however, less attention has been paid to its impact on the mind. With this background, I use insights from the fields of moral philosophy and moral psychology to refine the conceptualization of nurse moral agency in a way that is reflective of current cognitive, philosophical and nursing practice-based science. © 2017 John Wiley & Sons Ltd.

"The implacable deafness of Imperial authorities”: Veterans demands after the Paraguayan War (1870-1889

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Maria Regina Santos de Souza

2017-06-01

Full Text Available After the war in Paraguay, Brazilian government did not care for the rights granted to veterans, such as pensions, public jobs, land and finantial compensation. This became a serious problem for those veterans. Many faced the disorganization and lack of legal knowledge of the state bureaucracy.This article discusses the struggles of Veterans of Ceará for war rights.

Convergence and conflict perspectives in Scandinavian studies of the legal profession

DEFF Research Database (Denmark)

Hammerslev, Ole

2010-01-01

This article focuses on classic Scandinavian studies of the legal profession. These classic studies, which followed World War II and the development of the Scandinavian welfare states, focused on national developments in the legal profession and its relevance to the development of the states....... It demonstrates how the two research traditions, despite their different theoretical perspectives, build their research on comparatively the same kind of empirical data and methodology and how they reach some of the same conclusions....

U.S. Army War College Guide to National Security Issues. Volume 2. National Security Policy and Strategy

Science.gov (United States)

2012-06-01

establishment of a plethora of federal agencies empowered to make policy in their realms in order to lift the country out of the Depression . Justice Robert H... depressing regularity. The fact of moral failure, rather than proving the falsity of morality, points instead to the source of our disappointment in such... Centennial Campaign: The Sioux War of 1876, Norman, OK: University of Oklahoma Press, 1976, p. 23. 24. Gray, p. 89. 25. Utley, p. 253. 26. Ibid., p

Felt Moral Obligation and the Moral Judgement-Moral Action Gap: Toward a Phenomenology of Moral Life

Science.gov (United States)

Williams, Richard N.; Gantt, Edwin E.

2012-01-01

The step-off point for this article is the problem of the "moral judgement-moral action gap" as found in contemporary literature of moral education and moral development. We argue that this gap, and the conceptual problems encountered by attempts to bridge it, reflects the effect of a different, deeper and more problematic conceptual gap: the…

The Incompatibility of Punishment and Moral Education: A Reply to Peter Hobson.

Science.gov (United States)

Marshall, James D.

1989-01-01

Responds to Peter Hobson's assertions concerning the relationship of punishment and moral education. Draws upon the writings of Michael Foucoult in suggesting that punishment in the legal sense does not fit well with efforts to develop rational autonomy. Suggests that traditional talk of punishment obscures the reality of practice. (KO)

Morality, Moral Luck and Responsibility. Fortune's Web

DEFF Research Database (Denmark)

Nielsen, Carsten Fogh

2011-01-01

Anmeldelse af Nafsika Athanassoulis bog: Morality, Moral Lock and Responsibility (Palgrave MacMillian 2010)......Anmeldelse af Nafsika Athanassoulis bog: Morality, Moral Lock and Responsibility (Palgrave MacMillian 2010)...

Physician-assisted suicide: the legal slippery slope.

Science.gov (United States)

Walker, R M

2001-01-01

In Oregon, physicians can prescribe lethal amounts of medication only if requested by competent, terminally ill patients. However, the possibility of extending the practice to patients who lack decisional capacity exists. This paper examines why the legal extension of physician-assisted suicide (PAS) to incapacitated patients is possible, and perhaps likely. The author reviews several pivotal court cases that have served to define the distinctions and legalities among "right-to-die" cases and the various forms of euthanasia and PAS. Significant public support exists for legalizing PAS and voluntary euthanasia in the United States. The only defenses against sliding from PAS to voluntary euthanasia are adhering to traditional physician morality that stands against it and keeping the issue of voluntary euthanasia legally framed as homicide. However, if voluntary euthanasia evolves euphemistically as a medical choice issue, then the possibility of its legalization exists. If courts allow PAS to be framed as a basic personal right akin to the right to refuse treatment, and if they rely on right-to-die case precedents, then they will likely extend PAS to voluntary euthanasia and nonvoluntary euthanasia. This would be done by extending the right to PAS to incapacitated patients, who may or may not have expressed a choice for PAS prior to incapacity.

Transfer of Teaching Materials between Universities: Where Is the Boundary between Legitimate Transaction and Violation of Moral Intellectual Property Rights?

Science.gov (United States)

Maiwald, Matthias; Harrington, Kathy

2012-01-01

Intellectual property rights have various facets. The best-known one is copyright, enabling the owner to legally utilise intellectual materials. However, there is a separate set of legal entitlements, termed moral intellectual property rights. The purpose of these is to prevent false attribution, damage to an author's reputation and some forms of…

Testing Moral Foundation Theory: Are Specific Moral Emotions Elicited by Specific Moral Transgressions?

Science.gov (United States)

Landmann, Helen; Hess, Ursula

2018-01-01

Moral foundation theory posits that specific moral transgressions elicit specific moral emotions. To test this claim, participants (N = 195) were asked to rate their emotions in response to moral violation vignettes. We found that compassion and disgust were associated with care and purity respectively as predicted by moral foundation theory.…

Moral status, justice, and the common morality: challenges for the principlist account of moral change.

Science.gov (United States)

Hodges, Kevin E; Sulmasy, Daniel P

2013-09-01

The theory of principlism elaborated by Beauchamp and Childress in Principles of Biomedical Ethics has become extremely influential in bioethics. The theory employs the idea of the common morality as a foundation for the principles of autonomy, beneficence, nonmaleficence, and justice. According to this account, the content of the common morality is universal and constant, while variability in morals is due to the fact that the issue of who is included within the scope of moral status evolves over time. This suggests that issues of moral status are not part of the common morality at all, and this presents a conundrum: questions of moral status seem central to any substantive account of justice, and any conception of the common morality that excludes moral status therefore seems inadequate for supporting a robust principle of justice. We argue that proponents of common morality theory are left with four options: (1) making moral status a part of the objective common morality and ignoring evidence that views about moral status do seem to vary over time and place; (2) excluding justice from the substantive content of the common morality; (3) taking common morality to be an imperfect approximation of an independently justified and universal foundationalist ethic against which the common morality is judged; or (4) weakening claims about the universality of common morality, thereby allowing the common morality to support a variety of principles of justice applicable only within particular communities that have specified the scope of moral status. We suspect that proponents of common morality theory will not view any of these options favorably, which raises questions about the ultimate contribution of that account.

Savage Nature and Noble Spirit in Han Sorya's Wolves: A North Korean Morality Tale

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Alzo David-West

2012-05-01

Full Text Available Peer reviewed article. This paper is a narratological study of Han Sorya's Wolves, a canonical novelette in the tradition of North Korean socialist realism that has been adjudicated outside North Korea as anti-American, anti-Christian, and extremely racist. The novelette, however, is a more metaphorical, hybrid, and complicated piece of writing than has previously been assumed. Descriptive and interpretative narratological analysis reveals that Wolves is a patriotic-proletarian morality tale against colonialism, imperialism, racism, and war. The story also reveals grand metaphysical and normative Neo-Confucian imperatives, which operate as moral shaping principles that are interwoven into character, plot, and theme.

Long-term care: the family, post-modernity, and conflicting moral life-worlds.

Science.gov (United States)

Engelhardt, H Tristram

2007-01-01

Long-term care is controversial because it involves foundational disputes. Some are moral-economic, bearing on whether the individual, the family, or the state is primarily responsible for long-term care, as well as on how one can establish a morally and financially sustainable long-term-care policy, given the moral hazard of people over-using entitlements once established, the political hazard of media democracies promising unfundable entitlements, the demographic hazard of relatively fewer workers to support those in need of long-term care, the moral hazard to responsibility of shifting accountability to third parties, and the bureaucratic hazard of moving from individual and family choice to bureaucratic oversight. These disputes are compounded by controversies regarding the nature of the family (Is it to be regarded primarily as a socio-biological category, a fundamental ontological category of social reality, or a construct resulting from the consent of the participants?), as well as its legal and moral autonomy and authority over its members. As the disputes show, there is no common understanding of respect and human dignity that will easily lead out of these disputes. The reflections on long-term care in this issue underscore the plurality of moralities defining bioethics.

The Normative Foundation of Legal Orders: A Balance between Reciprocity and Mutuality

NARCIS (Netherlands)

Pessers, D.

2014-01-01

Reciprocity seems to figure as a self-evident normative foundation of legal orders. Yet a clear understanding of the often opaque role that reciprocity plays in this regard demands drawing a conceptual distinction. This article views reciprocity as a social morality of duties, in opposition to

A cybernetic theory of morality and moral autonomy.

Science.gov (United States)

Chambers, J

2001-04-01

Human morality may be thought of as a negative feedback control system in which moral rules are reference values, and moral disapproval, blame, and punishment are forms of negative feedback given for violations of the moral rules. In such a system, if moral agents held each other accountable, moral norms would be enforced effectively. However, even a properly functioning social negative feedback system could not explain acts in which individual agents uphold moral rules in the face of contrary social pressure. Dr. Frances Kelsey, who withheld FDA approval for thalidomide against intense social pressure, is an example of the degree of individual moral autonomy possible in a hostile environment. Such extreme moral autonomy is possible only if there is internal, psychological negative feedback, in addition to external, social feedback. Such a cybernetic model of morality and moral autonomy is consistent with certain aspects of classical ethical theories.

Neural basis of moral verdict and moral deliberation

Science.gov (United States)

Borg, Jana Schaich; Sinnott-Armstrong, Walter; Calhoun, Vince D.; Kiehl, Kent A.

2011-01-01

How people judge something to be morally right or wrong is a fundamental question of both the sciences and the humanities. Here we aim to identify the neural processes that underlie the specific conclusion that something is morally wrong. To do this, we introduce a novel distinction between “moral deliberation,” or the weighing of moral considerations, and the formation of a “moral verdict,” or the commitment to one moral conclusion. We predict and identify hemodynamic activity in the bilateral anterior insula and basal ganglia that correlates with committing to the moral verdict “this is morally wrong” as opposed to “this is morally not wrong,” a finding that is consistent with research from economic decision-making. Using comparisons of deliberation-locked vs. verdict-locked analyses, we also demonstrate that hemodynamic activity in high-level cortical regions previously implicated in morality—including the ventromedial prefrontal cortex, posterior cingulate, and temporoparietal junction—correlates primarily with moral deliberation as opposed to moral verdicts. These findings provide new insights into what types of processes comprise the enterprise of moral judgment, and in doing so point to a framework for resolving why some clinical patients, including psychopaths, may have intact moral judgment but impaired moral behavior. PMID:21590588

Limits Legal Ethics of Biotechnology in XXI Century

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Melissa Cabrini Morgato

2016-06-01

Full Text Available The present paper discusses the ethical and legal consequences of developments in biotechnological science, with a focus on the field of genetic engineering. We classify situations originating from developments in biotechnological science depending on their ethical and legal justification, based on Habermas’ reflections in his work “The future of human nature”, and differentiate between negative eugenics, representing ethically and legally justified situations, given their therapeutic potential of bringing benefits to human beings; and positive eugenics, describing situations, which are not justified by Ethics and Law, since they represent risks for the ethical self-understanding of the human species and are also incompatible with the imperative nature of human life protection, which is struc- tured by the Ibero-American constitutional states. We conclude that all moral judgments must follow the principle of human dignity as a major guideline, because the prevention of harmful practices against human beings requires, apart from legal and ethical rules, the responsibility to exclusively employ technologies for therapeutic purposes and to impede that the consumer society and its by-products completely artificialize the human nature.

[Eda Kalmre. The human sausage factory : a study of post-war rumour in Tartu] / Véronique Vincent-Campion

Index Scriptorium Estoniae

Vincent-Campion, Véronique

2015-01-01

Arvustus: Kalmre, Eda. The human sausage factory : a study of post-war rumour in Tartu. Amsterdam ; New York : Rodopi, 2013. (On the boundary of two worlds : identity, freedom, and moral imagination in the Baltics, 1570-7121 ; 34)

Health Effects of Sexual Violence against Woman as a War Weapon: Case of Bosnia War

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Sibel Gogen;

2011-02-01

Full Text Available OBJECTIVE: Health effects and human rights dimensions of sexual violence against women, a public health and human rights problem, evaluated by the case of Bosnia War. METHODS: Bosnia War, United Nations resolutions, International Criminal Tribunal for the Former Yugoslavia (ICTY cases, activities of NGOs, approaches of WHO, Dayton Peace Agreement, current health programs were evaluated with the health effects and human rights dimensions of sexual violence against women. RESULTS: Sexual violence against women and systematic rapes were used as an “ethnic cleaning” tool and war weapon during Bosnia War, estimated 20.000-60.000 women and girls were raped systematically, captivated in rape camps, exposed to sexual violence. Medical care following the sexual violence against women and rape should include; Determination and teatment of injuries, forensic notice and documentation, preventive and curative services for Sexually Transmitted Diseases including HIV/AIDS, emergency contraceptive services, safe medical abortus, follow up of pregnancies, psychosocial support and services and training of health care professionals. Mental Health Reform became a priority health topic for Bosnia Herzegovina aftermath of the Bosnia War. Taking measures to prevent social stigmatism of the victims, economic support and implementation of rehabilitation programs, punishment of the perpetrators to repair social and community bonds are important. ICTY investigates and punishes the crimes of rapes and sexual violence against women. CONCLUSION: UN defines the violence against women and rapes during wars as “crime against humanity”. Besides improving the status of women, comprehensive approaches with the cooperation of medical, legal and social organisations are needed. [TAF Prev Med Bull 2011; 10(1.000: 119-126

War and Post-conflict in Guatemala: Seeking Justice Before and After the Peace Agreements

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Maira Ixchel Benítez Jiménez

2016-08-01

Full Text Available By suggesting that the mobilization of civil society groups has been the driving factor behind the progress of legal justice in post-war Guatemala, this article argues that the recent achievements in this field were possible by several institutional changes over time which provided some degree of access to political and legal opportunities. A review of the oral and documental sources allows tracking some transformations before and after the peace agreements, which favored or inhibited the attribution of criminal responsibility for serious human rights violations committed during the war period. These changes in the political sphere, or resulting from the interaction between pro-justice advocates and their particular context, have enabled the legal activist community to position themselves as crucial stakeholders in the peacebuilding process. In addition, it has allowed them to play a prominent role in the activation of justice through judicialization strategies in this post-conflict period.

Moral autonomy in Australian legislation and military doctrine

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Richard Adams

2013-09-01

Full Text Available Australian legislation and military doctrine stipulate that soldiers ‘subjugate their will’ to government, and fight in any war the government declares. Neither legislation nor doctrine enables the conscience of soldiers. Together, provisions of legislation and doctrine seem to take soldiers for granted. And, rather than strengthening the military instrument, the convention of legislation and doctrine seems to weaken the democratic foundations upon which the military may be shaped as a force for justice. Denied liberty of their conscience, soldiers are denied the foundational right of democratic citizenship and construed as utensils of the State. This article critiques the idea of moral agency in Australian legislation and military doctrine and is concerned with the obligation of the State to safeguard the moral integrity of individual soldiers, so soldiers might serve with a fully formed moral assurance to advance justice in the world. Beyond its explicit focus on the convention of Australian thought, this article raises questions of far-reaching relevance. The provisos of Australian legislation and doctrine are an analogue of western thinking. Thus, this discussion challenges many assumptions concerning military duty and effectiveness. Discussion will additionally provoke some reassessment of the expectations democratic societies hold of their soldiers.

The U.S. Army War College Guide to National Security Issues. Volume 2: National Security Policy and Strategy

Science.gov (United States)

2010-07-01

of the Depression . Justice Robert H. Jackson’s 1952 decision has been cited in the debate over President George W. Bush’s use of presidential power...points about morality: we know the standard, and we also know human beings fall short of that standard with depressing regularity. The fact of moral...Government Printing Office, 1884, p. 104. 21. Utley, p. 144. 22. Andrist, p. 159. 23. John S. Gray, Centennial Campaign: The Sioux War of 1876, Norman, OK

Physical and Mental Health Consequences of War-related Stressors Among Older Adults: An Analysis of Posttraumatic Stress Disorder and Arthritis in Northern Vietnamese War Survivors.

Science.gov (United States)

Korinek, Kim; Loebach, Peter; Teerawichitchainan, Bussarawan

2017-10-01

We examine the impacts of trauma exposures and family stressors associated with the Vietnam War on musculoskeletal health and posttraumatic stress disorder (PTSD) outcomes in elderly Vietnamese who were widely impacted by the war as young adults. Noting that wars' impacts extend beyond male veterans in most survivor populations, we give attention to male and female war survivors placed in a variety of roles vis-a-vis the war. Utilizing data from the 2010 Vietnam Health and Aging Pilot Study (N = 405), we use logistic and Poisson regression models to estimate the effect of wartime trauma exposures and family stressors on disabling arthritis and PTSD symptoms in male and female northern Vietnamese adults aged 55 and older. The odds of experiencing recent PTSD symptoms are greater in respondents who report involvement in killing/causing severe injury and who observed war atrocities. In women, PTSD is positively correlated with war era child death and spousal separation. Arthritis also exhibits a significant, positive association with killing/causing severe injury. Our study provides insights into the burden of conflict upon health among populations of the global south that survived war and are now entering older adulthood. The pattern of results, indicating greatest suffering among those who inflicted or failed to prevent bodily harm or loss of life, is consistent with the concept of moral injury. © The Author 2016. Published by Oxford University Press on behalf of The Gerontological Society of America. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

The Moral Reasoning of U.S. Evangelical and Mainline Protestant Children, Adolescents, and Adults: A Cultural-Developmental Study.

Science.gov (United States)

Jensen, Lene Arnett; McKenzie, Jessica

2016-01-01

This cultural-developmental interview study examined moral reasoning in relation to religious culture (evangelical, mainline Protestants), age (children, adolescents, adults), and moral issue (public, private; N = 120). Compared to adolescents and adults, children used more Ethic of Autonomy and less Ethic of Community reasoning. With age, differences between religious cultures became pronounced. Mainline adults invoked an Ethic of Divinity for private issues. Evangelical adolescents and adults used this ethic frequently, but more for public than private issues. These and other findings indicate that evangelical and mainline Protestants diverge on what should be society's moral lingua franca, and cast new and nuanced light on America's "culture wars." Results furthermore highlight comodulation of development and culture that requires life course research on moral reasoning. © 2015 The Authors. Child Development © 2015 Society for Research in Child Development, Inc.

Opposing the nuclear threat: The convergence of moral analysis and empirical data

International Nuclear Information System (INIS)

Hehir, J.B.

1986-01-01

This paper examines the concept of nuclear winter from the perspective of religious and moral values. The objective is to identify points of intersection between the empirical arguments about nuclear winter and ethical perspectives on nuclear war. The analysis moves through three steps: (1) the context of the nuclear debate; (2) the ethical and empirical contributions to the nuclear debate; and (3) implications for policy drawn from the ethical-empirical data

Pain as a fact and heuristic: how pain neuroimaging illuminates moral dimensions of law.

Science.gov (United States)

Pustilnik, Amanda C

2012-05-01

In legal domains ranging from tort to torture, pain and its degree do important definitional work by delimiting boundaries of lawfulness and of entitlements. Yet, for all the work done by pain as a term in legal texts and practice, it has a confounding lack of external verifiability. Now, neuroimaging is rendering pain and myriad other subjective states at least partly ascertainable. This emerging ability to ascertain and quantify subjective states is prompting a "hedonic" or a "subjectivist" turn in legal scholarship, which has sparked a vigorous debate as to whether the quantification of subjective states might affect legal theory and practice. Subjectivists contend that much values-talk in law has been a necessary but poor substitute for quantitative determinations of subjective states--determinations that will be possible in the law's "experiential future." This Article argues the converse: that pain discourse in law frequently is a heuristic for values. Drawing on interviews and laboratory visits with neuroimaging researchers, this Article shows current and in-principle limitations of pain quantification through neuroimaging. It then presents case studies on torture-murder, torture, the death penalty, and abortion to show the largely heuristic role of pain discourse in law. Introducing the theory of "embodied morality," the Article describes how moral conceptions of rights and duties are informed by human physicality and constrained by the limits of empathic identification. Pain neuroimaging helps reveal this dual factual and heuristic nature of pain in the law, and thus itself points to the translational work required for neuroimaging to influence, much less transform, legal practice and doctrine.

A Review of 'Humanitarian Intervention and Legitimacy Wars: Seeking Peace and Justice in the 21st Century'

Directory of Open Access Journals (Sweden)

Leah Merchant

2015-01-01

Full Text Available In his book Humanitarian Intervention and Legitimacy Wars: Seeking Peace and Justice in the 21st Century, Richard Falk argues that, with the growing prevalence of soft power, historical lessons of asymmetric warfare and legitimacy wars must be taken into account. Falk rejects the realist notion that the state is the only rational actor, offering a more constructivist approach that focuses on the norms, culture and morality of the international community. He asserts that humanitarian intervention is on the decline, and legitimacy wars are increasing. Much of this legitimacy is based on international law and its relevance in the international community.

The Swiss "Willensnation" at Risk: Teachers in the Cultural Gap during the First World War

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Brühwiler, Ingrid

2015-01-01

As a neutral and multilingual country, Switzerland struggled with major domestic political conflicts during the First World War due to the two cultures of the French-speaking and German-speaking parts of the country. The divided cultural loyalties ("fossé moral", "Röstigraben"), consisting of Swiss-Germans supporting Germany…

Social and legal dimensions discussion of conscientious refusal in Turkey

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Şeniz ANBARLI BOZATAY

2011-12-01

Full Text Available Even though the discussion of conscientious objection, the refusal of military service due to individual’s moral values or religious beliefs, is new in Turkey, the subject has become the focus of intense interest. The discussion of conscientious objection in Turkey has come the to the fore with the heated debates between the glorification of the dynamics of Turkish social structure towards military service and the critique of militarism and conscientious objection’s legal dimensions, as well. Since the reduction of discussions in this context in Turkey to the legal dimension is the ignorance of social reality constituting basis to the legal dimension, the subject is examined with reference to the social and historical outlook on this issue and the study is built on dimensions.

Securing the Peace After Civil War

Science.gov (United States)

2009-03-01

transportation infrastructure has been destroyed. The currency is often devalued . Institutions are weak and corrupt with dysfunctional legal, governmental...increases to an average of five percent during a civil war.28 A 1997 IMF study estimated that an additional 2.2 percent of GDP spent on the military...to rule in an arbitrary and repressive manner. The recent examples in Venezuela and Nigeria suggest that even when the governments of oil states

Educating Moral Emotions or Moral Selves: A False Dichotomy?

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Kristjansson, Kristjan

2010-01-01

In the post-Kohlbergian era of moral education, a "moral gap" has been identified between moral cognition and moral action. Contemporary moral psychologists lock horns over how this gap might be bridged. The two main contenders for such bridge-building are moral emotions and moral selves. I explore these two options from an Aristotelian…

Proscriptive versus prescriptive morality: two faces of moral regulation.

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Janoff-Bulman, Ronnie; Sheikh, Sana; Hepp, Sebastian

2009-03-01

A distinction is made between two forms of morality on the basis of approach-avoidance differences in self-regulation. Prescriptive morality is sensitive to positive outcomes, activation-based, and focused on what we should do. Proscriptive morality is sensitive to negative outcomes, inhibition-based, and focused on what we should not do. Seven studies profile these two faces of morality, support their distinct motivational underpinnings, and provide evidence of moral asymmetry. Both are well-represented in individuals' moral repertoire and equivalent in terms of moral weight, but proscriptive morality is condemnatory and strict, whereas prescriptive morality is commendatory and not strict. More specifically, in these studies proscriptive morality was perceived as concrete, mandatory, and duty-based, whereas prescriptive morality was perceived as more abstract, discretionary, and based in duty or desire; proscriptive immorality resulted in greater blame, whereas prescriptive morality resulted in greater moral credit. Implications for broader social regulation, including cross-cultural differences and political orientation, are discussed.

[Self endangerment to save life--competing Jewish legal and moral obligations].

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Gesundheit, Benjamin; Zlotnick, Eitan; Wygoda, Michael; Rosenzweig, Joshua P; Steinberg, Avraham

2014-11-01

The obligation to help others often involves personal risk. Consequently, the scope and boundaries of this obligation can present a complex dilemma, which has practical and moral implications, even in the world of medicine. In Jewish medical ethics, the dilemma stems from a confrontation between the duty to help others according to the biblical commandment: "Do not stand idly by your fellow's blood" on the one hand, and between the right and duty of man to defend himself, which is anchored in Jewish law. This article surveys the sources of this quandary in Jewish texts throughout the ages such as the Bible, Mishnah, Talmud, and responsa literature in various contexts. The discussion highlights the essential difference between the formal demands of the law, which protects human rights of self-preservation, and the moral requirement to help others even if it may include personal risk. The sources suggest distinguishing between various levels of risk ranging from high-risk to reasonable or low risk. In this way, the classic sources, provide the foundation and the tools for grappling with modern contemporary Halachic questions such as organ transplantation, and generate a Torah value-based framework to deal with new situations that may arise in the future. It is critical to assess the level of risk and the chances for success, along with other subjective considerations, in order to ensure the optimal ethical course of action.

Biplanes and Bombsights, British Bombing in World War I

Science.gov (United States)

1999-05-01

to suffer from oxygen deprivation (anoxia typically com- mences between 8,000 and 12,000 feet). They were also sub- jected to ambient temperatures... medio - cre bombing results during the war. Paul’s "lack of confidence" in bombsights and "lack of interest" in accuracy are the opera- tional...a Sqdn. which is doing slightly better work’ but at a high cost of machines and personnel and consequently moral[ el . 208 EIGHTH BRIGADE AND

Moral Communities and Moral Leadership.

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Chambers, David W

2015-01-01

The American College of Dentists is embarking on a multiyear project to improve ethics in dentistry. Early indications are that the focus will be on actual moral behavior rather than theory, that we will include organizations as ethical units, and that we will focus on building moral leadership. There is little evidence that the "telling individuals how to behave" approach to ethics is having the hoped-for effect. As a profession, dentistry is based on shared trust. The public level of trust in practitioners is acceptable, but could be improved, and will need to be strengthened to reduce the risk of increasing regulation. While feedback from the way dentists and patients view ethics is generally reassuring, dentists are often at odds with patients and their colleagues over how the profesion manages itself. Individuals are an inconsistent mix of good and bad behavior, and it may be more helpful to make small improvements in the habits of all dentists than to try to take a few certifiably dishonest ones off the street. A computer simulation model of dentistry as a moral community suggests that the profession will always have the proportion of bad actors it will tolerate, that moral leadership is a difficult posture to maintain, that massive interventions to correct imbalances through education or other means will be wasted unless the system as a whole is modified, and that most dentists see no compelling benefit in changing the ethical climate of the profession because they are doing just fine. Considering organiza-tions as loci of moral behavior reveals questionable practices that otherwise remain undetected, including moral distress, fragmentation, fictitious dentists, moral fading, decoupling, responsibility shifting, and moral priming. What is most needed is not phillosophy or principles, but moral leadership.

Everyday Representations of Tax Avoidance, Tax Evasion, and Tax Flight: Do Legal Differences Matter?

OpenAIRE

Kirchler, Erich; Maciejovsky, Boris; Schneider, Friedrich

2001-01-01

From an economic point of view, legal considerations apart, tax avoidance, tax evasion and tax flight have similar effects, namely a reduction of revenue yields, and are based on the same desire to reduce the tax burden. Due to legal differences and moral concerns it is, however, likely that individuals perceive them as different and as unequally fair. Overall, 252 fiscal officers, business students, business lawyers, and entrepreneurs produced spontaneous associations to a scenario either de...

Escuela, profesorado y educación moral

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Miguel MARTÍNEZ MARTÍN

2009-11-01

Full Text Available RESUMEN: La educación moral y cívica es, en cualquier circunstancia, uno de los principales empeños formativos de los educadores. En nuestro país, la reflexión y la práctica pedagógica en torno a la educación moral y cívica sufrió una brusca aceleración durante los años que van de la segunda mitad de los ochenta a la primera de los noventa. Nuestra intención en este artículo es considerar, mirando hacia el futuro, una serie de temas que fueron y son relevantes. Para alcanzar este objetivo, nos ha parecido oportuno dividir el escrito en cuatro partes destinadas a tratar temas distintos y complementarios. La primera servirá para analizar el contexto y las sucesivas propuestas legales relacionadas con la educación moral y cívica; en la segunda se presentará un modelo que distingue diferentes vías de formación y que nos servirá para adelantar algunas propuestas concretas de acción; en la tercera parte se debatirá nuevamente el tema de la formación religiosa y de su relación con la educación en valores y, finalmente, se cerrará el escrito con una aproximación a las necesidades de formación que ha generado la educación moral y cívica.ABSTRACT: Moral and civic education is, under any circumstance, one of the most significant educational undertakings assumed by educators. In Spain, educational reflection and practice in respect to moral and civic education underwent a sudden acceleration in the years from the late eighties to the early nineties. Our aim in this article is to consider a number of subjects that were relevant then and remain so today, looking forward into the future. To achieve this aim we thought it best to divide the text into four parts, each dealing with distinct but complementary themes. The first will serve to analyse the context and successive legal proposals with relation to moral and civic education; in the second we will offer a model which distinguishes different lines of training and which we will

"I knew it was wrong the moment I got the order": A narrative thematic analysis of moral injury in combat veterans.

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Held, Philip; Klassen, Brian J; Hall, Joanne M; Friese, Tanya R; Bertsch-Gout, Marcel M; Zalta, Alyson K; Pollack, Mark H

2018-05-03

Moral injury is a nascent construct intended to capture reactions to events that violate deeply held beliefs and moral values. Although a model of moral injury has been proposed, many of the theoretical propositions of this model have yet to be systematically studied. We conducted semistructured interviews with eight veterans who reported experiencing morally injurious events during war zone deployments. Using narrative thematic analysis, five main themes and associated subthemes emerged from the data. The main themes capture the timing of the event, contextual factors that affected the decision-making process during the morally injurious event, reactions to the moral injurious event, search for purpose and meaning, and opening up. The findings from the present study supported an existing model of moral injury, while extending it in several important ways. Preliminary clinical recommendations and directions for future research are discussed based on the study findings. These include directly exploring the context surrounding the morally injurious event, examining the veterans' moral appraisals, and helping them assume appropriate responsibility for their actions to reduce excessive self-blame. (PsycINFO Database Record (c) 2018 APA, all rights reserved).

Analysis of the morality of intention in nuclear deterrence, with special reference to final retaliation. Doctoral thesis

Energy Technology Data Exchange (ETDEWEB)

Zink, J.A.

1990-01-01

Quite apart from its apparent political obsolescence, the policy of nuclear deterrence is vulnerable to attack for its seemingly obvious immorality. Nuclear war is blatantly immoral, and nuclear deterrence requires a genuine intention to resort to the nuclear retaliation which would precipitate such a war. Therefore, since it is wrong to intend that which is wrong to do, deterrence is immoral. This thesis seeks to examine the nature of the deterrent intention as a means of verifying the soundness of the above deontological argument. This examination is carried out by first suggesting an acceptable notion of intention in general and then, after analysing the views of deterrent intention by other writers, proceeding to demonstrate the uniqueness of that intention. Having done this, and having explored the possibility that deterrence need not contain a genuine intention to retaliate, the thesis moves on to suggest and defend a moral principle which states that endeavours requiring the formation of an immoral intention may nevertheless be moral. Called the Principle of Double Intention (and based on the Principle of Double Effect), it offers a method for the moral assessment of agents who form immoral intentions within larger contexts. By applying this principle to nuclear deterrence, it is demonstrated that agents who undertake such a policy may be morally justified in doing so, provided certain conditions are met. The thesis closes with a refutation of the objection that an agent cannot rationally form an intention (such as that required in deterrence) which he has no reason to carry out.

Should euthanasia be legal? An international survey of neonatal intensive care units staff.

NARCIS (Netherlands)

Cuttini, M.; Casotto, V.; Kaminski, M.; Beaufort, I.D. de; Berbik, I.; Hansen, G.; Kollee, L.A.A.; Kucinskas, A.; Lenoir, S.; Levin, A.V.; Orzalesi, M.; Persson, J.; Rebagliato, M.; Reid, M.; Saracci, R.

2004-01-01

OBJECTIVE: To present the views of a representative sample of neonatal doctors and nurses in 10 European countries on the moral acceptability of active euthanasia and its legal regulation. DESIGN: A total of 142 neonatal intensive care units were recruited by census (in the Netherlands, Sweden,

The Art of Culture War: (Un)Popular Culture, Freedom of Expression, and Art Education

Science.gov (United States)

Darts, David

2008-01-01

This article examines the culture wars in the United States and considers their impact on the field of art education. Stretching across virtually ever facet of contemporary culture, these ideologically charged battles over opposing moral values and fundamental belief systems are an intrinsic part of the ongoing struggle to define and control U.S.…

Discovering the Neural Nature of Moral Cognition? Empirical, Theoretical, and Practical Challenges in Bioethical Research with Electroencephalography (EEG).

Science.gov (United States)

Wagner, Nils-Frederic; Chaves, Pedro; Wolff, Annemarie

2017-06-01

In this article we critically review the neural mechanisms of moral cognition that have recently been studied via electroencephalography (EEG). Such studies promise to shed new light on traditional moral questions by helping us to understand how effective moral cognition is embodied in the brain. It has been argued that conflicting normative ethical theories require different cognitive features and can, accordingly, in a broadly conceived naturalistic attempt, be associated with different brain processes that are rooted in different brain networks and regions. This potentially morally relevant brain activity has been empirically investigated through EEG-based studies on moral cognition. From neuroscientific evidence gathered in these studies, a variety of normative conclusions have been drawn and bioethical applications have been suggested. We discuss methodological and theoretical merits and demerits of the attempt to use EEG techniques in a morally significant way, point to legal challenges and policy implications, indicate the potential to reveal biomarkers of psychopathological conditions, and consider issues that might inform future bioethical work.

Nietos Morales

OpenAIRE

Arriaga

2015-01-01

1 Toma en 2 revelados O.I. V. DE GARCIA- Carlota R. 80 años MORALES- Pedro J. 12 años MORALES- Francisco de S. 10 años 6mes. MORALES- Beatriz 09 años Morales- Antonio 07 años MORALES- Manuel 04 años 6mes. MORALES- José 01 año

On Moral Luck and Nonideal Moral Education

Science.gov (United States)

Chinnery, Ann

2015-01-01

In contrast to the Kantian principle that we are morally accountable only for those actions over which we have control, Bernard Williams, Thomas Nagel, and others have argued that luck plays a significant role in the moral life. Put briefly, moral luck is at play when we are appropriately praised or blamed for our moral actions despite the fact…

Education as Cultural Mobilisation: The Great War and Its Effects on Moral Education in the Netherlands

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Stolk, Vincent; Los, Willeke; Karsten, Sjoerd

2014-01-01

Education during World War I has been a relatively unexplored field of research, especially in the case of countries with a neutral stance in that war. The Netherlands is one such country. This article argues that even though the Netherlands was politically neutral, it was and considered itself a part of western civilisation and shared in the…

Girls and war: an extra vulnerability.

Science.gov (United States)

Black, M

1998-01-01

It is no longer possible to consider the raping of girls as an isolated atrocity of war. In Uganda, guerrilla forces have kidnapped 6000-10,000 children and have forced the "most desirable" girls to become "wives" of warlords. Girls who manage to escape are deeply traumatized and suffer ill health as well as possible social ostracism. In refugee camps, recognition that adolescent girls face special risks of rape and of engaging in the informal prostitution that may expose them to HIV/AIDS has led to the introduction of new measures to increase female security. Families in refugee camps in Burundi and Somalia protect female honor by submitting their daughters to very early marriage, which also abuses the girls' rights. Girls conscripted to military groups are forced to transport materials, cook, or help loot villages. In conditions of war, even girls who remain at home protected by their families must assume extra responsibilities, especially if men go off to fight leaving women with the agricultural and livestock burdens. Girls will be the first children withdrawn from school to help keep the household afloat. Girls and women are also expected to tend those wounded by the very war that destroys the health care services that are vital to meet women's reproductive needs. Efforts are being made to identify rape as a specific war crime, and these efforts should be extended to the kidnapping and forced recruitment of children into combat roles. Moral codes must be reestablished, even if they are only nominal at present.

DILEMAS MORALES

Directory of Open Access Journals (Sweden)

Sandra Realpe Quintero

2001-01-01

Full Text Available Antes del siglo XX la tradición filosófica moral ha reconocido la existencia de los conflictos morales pero ha rechazado la posibilidad de los auténticos dilemas morales. Para poder entender por qué hoy el tema de los dilemas morales ha reclamado para sí tanta atención, es importante ponernos de acuerdo en la definición de algunos conceptos. Un conflicto moral es una situación en la que un(a agente se ve confrontado(a con dos obligaciones morales que le instan a actuar. Un dilema moral es una situación extrema de conflicto moral en la que nuestro(a agente no puede seguir un curso de acción que sea conforme con sus dos obligaciones en conflicto. Para que un conflicto moral tenga el carácter de ser un auténtico dilema moral (genuine moral dilemma y no simplemente un aparente dilema moral (apparent moral di- DILEMAS MORALES SANDRA REALPE Licenciada en Filosofía, Univalle, Maestría en Filosofía, Univalle, Diplomado en Psicología Aplicada, Universidad de Londres, Diplomado en Etica de los Negocios Universidad de Colorado, profesora Universidad Icesi, Facultad de Derecho y Humanidades. E-mail: sandrarealpe@hotmail.com lemma, ninguna de las obligaciones en conflicto es en efecto más fuerte o logra invalidar a la otra obligación. A raíz de un artículo escrito en 1962 por E. J. Lemmon, titulado precisamente “Dilemas morales” (Moral Dilemmas, se abrió un debate entre los filósofos anglosajones contemporáneos acerca de la existencia o no de los auténticos dilemas morales. Informar sobre este debate reciente, esclarecer los argumentos de sus principales protagonistas, y hacer presente en nuestro medio un novedoso debate que es importante para reflexionar sobre un buen número de problemas morales, son nuestros principales propósitos en el presente ensayo. ...

The Food and Drug Administration and Drug Legalization: A Brief Model of Regulation

OpenAIRE

Kalam, Murad

2002-01-01

This paper offers a brief model of FDA regulation of currently illegal narcotics in the United States. Given that nearly three out of four Americans believe that the drug war has failed, recent calls from prominent liberal and conservative thinkers to legalize drugs, and state “compassionate use†ballot initiatives, future drug legalization is at least conceivable in the United States. Yet, how would the FDA regulate NLD’s under its current st...

Legal culture as a factor of social stability

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M M Akulich

2015-12-01

Full Text Available The article examines legal culture as a factor of stability in developing societies referring to the concepts of culture proposed by P.A. Sorokin, L.N. Kogan, M.T. Iovchuk and other famous sociologists. The authors state that in the modern sociological literature legal culture is studied mainly from the theoretical rather than empirical standpoint: the sociology has accumulated a lot of data on the legal culture, although its study in the context of agreements and conflicts, stability and destructiveness is not enough. Legal culture should be regarded as a regulator and stabilizer of social interactions and relationships in both specific countries and the global space. Thus, identifying regional and global aspects of legal culture has become an important theoretical problem of the sociological studies nowadays as well as considering legal culture in relation to moral, economic and political values and priorities. The authors argue that it is not possible to build a state of law and civil society without raising the level of legal culture, and present the results of the sociological study of the legal culture in the south of the Tyumen region conducted in 2013. This survey revealed an average level of following the law in 55% of the local population, although 90% consider themselves law-abiding citizens. At the same time, 46% believe in the possibility to manipulate the law, and 60% approve the principle of equity of the law. The authors conclude that the identified average level of legal culture among the local population is an indicator of a quite stable and successful development of the region under study.

Patient participation: causing moral stress in psychiatric nursing?

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Jansen, Trine-Lise; Hanssen, Ingrid

2017-06-01

The aim of this study was to explore psychiatric nurses' experiences and perspectives regarding patient participation. Patient participation is an ambiguous, complex and poorly defined concept with practical/clinical, organisational, legal and ethical aspects, some of which in psychiatric units may cause ethical predicaments and moral stress in nurses, for instance when moral caring acts are thwarted by constraints. An explorative quantitative pilot study was conducted at a psychiatric subacute unit through three focus group interviews with a total of nine participants. A thematic analytic approach was chosen. Preliminary empirical findings were discussed with participants before the final data analysis. Ethical research guidelines were followed. Patient participation is a difficult ideal to realise because of vagueness of aim and content. What was regarded as patient participation differed. Some interviewees held that patients may have a say within the framework of restraints while others saw patient participation as superficial. The interviewees describe themselves as patient's spokespersons and contributing to patients participating in their treatment as a great responsibility. They felt squeezed between their ethical values and the 'system'. They found themselves in a negotiator role trying to collaborate with both the doctors and the patients. Privatisation of a political ideal makes nurses vulnerable to burn out and moral distress. Nurses have a particular ethical responsibility towards vulnerable patients, and may themselves be vulnerable when caught in situations where their professional and moral values are threatened. Unclear concepts make for unclear division of responsibility. Patient participation is often a neglected value in current psychiatric treatment philosophy. When healthcare workers' ethical sensibilities are compromised, this may result in moral stress. © 2016 Nordic College of Caring Science.

Why We Fight: Mass Persuasion, Morale, and American Public Opinion from World War I Until the Present

Science.gov (United States)

2014-06-01

fascist and Japanese imperial aggression, is generally considered straightforward. Can the same be said for propaganda’s effectiveness during the...multimedia propaganda include Film Propaganda in Britain and Nazi Germany: World War II Cinema , Jo Fox; Imagined Battles: Reflections on War in

The Complexities of Moral Education in a Liberal, Pluralistic Society: The Cases of Socrates, Mrs. Pettit, and Adolf Eichmann.

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Beatty, Joseph

1985-01-01

The cases of three individuals charged with corrupting the young are considered in a discussion of the teacher's role in the moral education of youth. Focus is on Socrates, a Los Angeles teacher fired because of membership in a sexually-oriented club, and a Nazi war criminal. (MSE)

Luisa's Ghosts: Haunted Legality and Collective Expressions of Pain.

Science.gov (United States)

Krauss, Amy

2018-04-25

Feminist health care providers have debated the efficacy of the decriminalization of abortion in Mexico City. Luisa, a counselor in a private clinic, suggested that while the law has expanded the visibility of, and access to safe abortion, it has also called forth "other ghosts." In this article, I take Luisa's critical perspective as a starting point for examining ongoing criminalization and moral stigma as forms of haunting that arise in the wake of the Mexico City abortion policy. Drawing on ethnographic research, I explore how Luisa's ghosts materialize in the embodied- affective relations between patients in new legal clinics. Women who attend public clinics negotiate moral stigma along with religious and familial pressures in the ways they suffer, as well as normalize abortion as a painful experience. Rather than approach pain as purely a sign of victimization, I suggest that its expression constitutes an effervescent collectivity between women in the clinic, making explicit, while at the same time dissipating, an intractable moral-affective knot that might otherwise be ignored.

Transformation of critical theory into apology in the work of Jurgen Habermas

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Vratuša-Žunjić Vera A.

2000-01-01

Full Text Available In the paper is analyzed transformation of one part of 'critical theoreticians' into apologists and ideologists of the new old world capitalist order, within the context of twentieth century social conflicts. In the focus of attention is the article 'Bestiality and Humanism - A War on the Border between Law and Moral', that Habermas published during the 1999 NATO bombing of Yugoslavia and criminal violation of all valid national and international legal norms. It is demonstrated that HabermasÆ substitution of the critique of the gap between the preconditions for reasoned communication and real conditions of distorted communication, by moralizing justification of imperialist elimination of the gap between legality and supposed efficacy of the human rightsÆ defense, conducted to the abandonment of critical theoryÆs constitutive elements.

The Problem of Confucian Moral Cultivation and Its Solution: Using Ritual Propriety to Support Rule by Law

Institute of Scientific and Technical Information of China (English)

TAN Mingran

2016-01-01

Thinking about the decline of morality in post-reform China,the author analyzes the development of virtuous governance based on moral education,and concludes that the reason why ancient rulers were so infatuated with it was the inhibitive function of public evaluation on moral transgressions in familiar neighborhoods.However,as China transforms into a dynamic and commercial society,and its people move from familiar neighborhoods to alienated communities in the cities,public evaluation is losing its power over moral transgressors.To prevent the collapse of the moral system,it is necessary to use rule by law to foster people's sense of justice and rule-consciousness-not to simply hope for the appearance of more altruists.This is possible because law is the embodiment of moral principle,and because legal restraints and penalties can be internalized as habits.After a sense of justice and rule-consciousness has been established in people,we can again take up Confucian virtue education to nurture people's sense of shame and dignity,and their humane and righteous mind.However,to stop the current chaos and corruption,it is urgent that we adopt rule by law and supplement it with moral education.

RPA Field Simulations:Dilemma Training for Legal and Ethical Decision Making

Science.gov (United States)

2015-11-07

RPA Field Simulations: Dilemma-Training for Legal and Ethical Decision-Making Professor Wilbur Scott Dept of...Sciences & Leadership all take the Capstone Experience Course (CEC)  CEC offers several different kinds of projects, one consists of RPA Field...Simulation  Two phases in RPA Field Simulation – classroom phase and field phase  Purpose: link theoretical understanding/moral reasoning with

Promoting Prosociality: Testing the Potential of Moral Elevation and Moral Outrage

OpenAIRE

Van de Vyver, Julie

2016-01-01

This thesis examines the effects of two specific moral emotions - moral elevation (experienced when witnessing a moral virtue) and moral outrage (experienced when witnessing a moral transgression) - on prosociality. While ample research has examined emotions such as sympathy and guilt, much less is known about moral elevation and moral outrage. Yet, their separate strands of research suggest that both moral elevation and moral outrage are promising emotions for promoting prosocial responses. ...

Consensual exploitation : the moral wrong in exploitation and legal restrictions on consensual exploitative transactions

OpenAIRE

van der Neut, Wendy

2014-01-01

This thesis is about so-­‐called consensual exploitative transactions: transactions to which all parties agree voluntarily, and which are beneficial for all parties, but which are still widely considered exploitative, and for that reason legally restricted in many countries. The thesis asks two main questions: 1. What is wrong with consensual exploitation? 2.What implications does the answer to this question have for the legal restriction of consensual transactions ...

Navigating moral distress using the moral distress map.

Science.gov (United States)

Dudzinski, Denise Marie

2016-05-01

The plethora of literature on moral distress has substantiated and refined the concept, provided data about clinicians' (especially nurses') experiences, and offered advice for coping. Fewer scholars have explored what makes moral distress moral If we acknowledge that patient care can be distressing in the best of ethical circumstances, then differentiating distress and moral distress may refine the array of actions that are likely to ameliorate it. This article builds upon scholarship exploring the normative and conceptual dimensions of moral distress and introduces a new tool to map moral distress from emotional source to corrective actions. The Moral Distress Map has proven useful in clinical teaching and ethics-related debriefings. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/

Moral Philosophy, Moral Expertise, and the Argument from Disagreement.

Science.gov (United States)

Cross, Ben

2016-03-01

Several recent articles have weighed in on the question of whether moral philosophers can be counted as moral experts. One argument denying this has been rejected by both sides of the debate. According to this argument, the extent of disagreement in modern moral philosophy prevents moral philosophers from being classified as moral experts. Call this the Argument From Disagreement (AD). In this article, I defend a version of AD. Insofar as practical issues in moral philosophy are characterized by disagreement between moral philosophers who are more or less equally well credentialed on the issue, non-philosophers have no good reasons to defer to their views. © 2015 John Wiley & Sons Ltd.

Moral Psychology and the Problem of Moral Criteria

Science.gov (United States)

Welch, Patrick

2011-01-01

This article is intended as an initial investigation into the foundations of moral psychology. I primarily examine a recent work in moral education, Daniel Lapsley's and Darcia Narvaez"s "Character education", whose authors seem to assume at points that criteria for discerning moral actions and moral traits can be derived apart from ethics or…

The Prevention of Moral Harassment in the Environment of Work: An Analysis of Spanish Legislation

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Alessandra Marconatto

2016-12-01

Full Text Available This article aims to reflect on how the right to prevention of moral harassment in the labor environment is articulated and how this right has been projected in the Law on Occupational Hazards Prevention in Spanish Legislation, with the aim of demonstrating that there are Legal bases sufficient to take preventive measures in relation to psychosocial risk, even if it is not specifically included in the legal text. The protection of workers is basically based on the worker's right to adequate and effective protection in the working environment.

The Issue Animal in the Perspective of the Federal Supreme Court and the "Regulatory Aspects Of Legal Status

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Mery Chalfun

2016-12-01

Full Text Available The present work aims to analyze the legal nature of nonhuman animals in the doctrine of Animal Law, legal order and position of the Federal Supreme Court based on judgments that deal with conflict between cultural manifestation and cruelty to animals. Brazilian legislation calls for a multiplicity of positions on the legal nature of animals, which may influence positively or negatively the treatment accorded to them. It can be seen that in the STF the predominance of two understandings: anthropocentric, equivalent to good, while of another biocentric, moral consideration as to the animals and possibility of change of the legal nature.

Moral Judgment Reloaded: A Moral Dilemma validation study

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Julia F. Christensen

2014-07-01

Full Text Available We propose a revised set of moral dilemmas for studies on moral judgment. We selected a total of 46 moral dilemmas available in the literature and fine-tuned them in terms of four conceptual factors (Personal Force, Benefit Recipient, Evitability and Intention and methodological aspects of the dilemma formulation (word count, expression style, question formats that have been shown to influence moral judgment. Second, we obtained normative codings of arousal and valence for each dilemma showing that emotional arousal in response to moral dilemmas depends crucially on the factors Personal Force, Benefit Recipient, and Intentionality. Third, we validated the dilemma set confirming that people's moral judgment is sensitive to all four conceptual factors, and to their interactions. Results are discussed in the context of this field of research, outlining also the relevance of our RT effects for the Dual Process account of moral judgment. Finally, we suggest tentative theoretical avenues for future testing, particularly stressing the importance of the factor Intentionality in moral judgment. Additionally, due to the importance of cross-cultural studies in the quest for universals in human moral cognition, we provide the new set dilemmas in six languages (English, French, German, Spanish, Catalan and Danish. The norming values provided here refer to the Spanish dilemma set.

Moral judgment reloaded: a moral dilemma validation study

Science.gov (United States)

Christensen, Julia F.; Flexas, Albert; Calabrese, Margareta; Gut, Nadine K.; Gomila, Antoni

2014-01-01

We propose a revised set of moral dilemmas for studies on moral judgment. We selected a total of 46 moral dilemmas available in the literature and fine-tuned them in terms of four conceptual factors (Personal Force, Benefit Recipient, Evitability, and Intention) and methodological aspects of the dilemma formulation (word count, expression style, question formats) that have been shown to influence moral judgment. Second, we obtained normative codings of arousal and valence for each dilemma showing that emotional arousal in response to moral dilemmas depends crucially on the factors Personal Force, Benefit Recipient, and Intentionality. Third, we validated the dilemma set confirming that people's moral judgment is sensitive to all four conceptual factors, and to their interactions. Results are discussed in the context of this field of research, outlining also the relevance of our RT effects for the Dual Process account of moral judgment. Finally, we suggest tentative theoretical avenues for future testing, particularly stressing the importance of the factor Intentionality in moral judgment. Additionally, due to the importance of cross-cultural studies in the quest for universals in human moral cognition, we provide the new set dilemmas in six languages (English, French, German, Spanish, Catalan, and Danish). The norming values provided here refer to the Spanish dilemma set. PMID:25071621

Why moral philosophers are not and should not be moral experts.

Science.gov (United States)

Archard, David

2011-03-01

Professional philosophers are members of bioethical committees and regulatory bodies in areas of interest to bioethicists. This suggests they possess moral expertise even if they do not exercise it directly and without constraint. Moral expertise is defined, and four arguments given in support of scepticism about their possession of such expertise are considered and rejected: the existence of extreme disagreement between moral philosophers about moral matters; the lack of a means clearly to identify moral experts; that expertise cannot be claimed in that which lacks objectivity; and that ordinary people do not follow the advice of moral experts. I offer a better reason for scepticism grounded in the relation between moral philosophy and common-sense morality: namely that modern moral philosophy views even a developed moral theory as ultimately anchored in common-sense morality, that set of basic moral precepts which ordinary individuals have command of and use to regulate their own lives. Even if moral philosophers do nevertheless have a limited moral expertise, in that they alone can fully develop a set of moral judgments, I sketch reasons - grounded in the values of autonomy and of democracy - why moral philosophers should not wish non-philosophers to defer to their putative expertise. © 2009 Blackwell Publishing Ltd.

Wahdah Islamiyyah Palu: on Contemporary Islamic Legal Issues In The Internet

Directory of Open Access Journals (Sweden)

Rusli Rusli

2017-12-01

Full Text Available This paper deals with one of the Islamic organizations in Palu, Wahdah Islamiyah (Islamic Unity, in terms of theological and contemporary Islamic legal issues. The source of analysis is the website that Wahdah Islamiyah runs online. The paper concludes that Wahdah Islamiyah is influenced by the relatively strict theology of Wahhābism in religiosity and morality. Therefore, in legal issues, Wahdah Islamiyah embraced and accommodated relatively conservative views with various issues in relation to theological issues and Islamic legal issues such as women’s, social, economic, and political issues. From these views, it can be argued that their aim is to preserve the identity by constructing the concepts of shirk and bidʻah and reinforcing the relatively rigid juristic tradition to become the citadel from the attacks of doctrine seeking to demolish the building of Salafism.

Surrender - A Soldier’s Legal, Ethical, and Moral Obligations; with Philippine Case Study.

Science.gov (United States)

1989-06-02

69 - this view. Contemporary philosophers John Rawles , Alan Gerwirth, and Henry Shue, among others, express the conviction that each person can claim a...34 Machiavelli , Management, and Moral Leadership," in Military Ethics, edited by Wakin, Wenker, and Kempf, p.38. 48 Ibid., pp. 41 and 44. 49 Morris Janowitz

The ability of criminal law to produce gender equality: judicial discourses in the Swedish criminal legal system.

Science.gov (United States)

Burman, Monica

2010-02-01

The main aim of the Swedish Women's Peace reform in 1998 was to enhance criminal legal protection for women exposed to violence in heterosexual relationships and to promote gender equality. However, these ambitions risk being contravened in a masculinist criminal legal system. One problem concerns how the victim is constructed in criminal legal cases. The author argues that moral balancing and discourses of responsibility and guilt in Swedish cases constrain the agency possible for women and suggest that a more comprehensive policy in Sweden must be developed to include violent men, their agency, and their responsibility for the violence.

Moral Geography and Exploration of the Moral Possibility Space

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Bongrae Seok

2017-12-01

Full Text Available This article reviews Owen Flanagan’s latest book “The Geography of Morals, Varieties of Moral Possibilities” (2017. By exploring the space of moral possibility (i.e., diverse options and viewpoints of morality from different philosophical and religious traditions throughout the world, Flanagan argues that ethics is not simply a study of a priori conditions of normative rules and ideal values but a process of developing a careful understanding of varying conditions of human ecology and building practical views on living good life. The goal of this geographical exploration of the moral possibility space is surveying different traditions of morality and finding tractable ways of human flourishing. This article, by following the chapters of his book, explains his views on moral diversity and his interdisciplinary and naturalistic approach to ethics. It also discusses interactive and dynamic ways to expand the moral possibility space.

MacIntyre's Moral Theory and Moral Relativism

OpenAIRE

Ali Abedi Renani

2017-01-01

In this paper, I seek to explain the similarity and disparity between MacIntyre’s moral theory and moral relativism. I will argue that MacIntyre’s moral theory can escape the charge of moral relativism because both his earlier social and his later metaphysical approaches appeal to some criteria, the human telos or universal human qualities respectively. The notion of telos is wider than the notion of function which is defined in social contexts. If there is a context-transcending notion of te...

Individual Differences in Moral Development: Does Intelligence Really Affect Children's Moral Reasoning and Moral Emotions?

Science.gov (United States)

Beißert, Hanna M; Hasselhorn, Marcus

2016-01-01

This study investigates the relationship between intelligence and individual differences in children's moral development across a range of different moral transgressions. Taking up prior research that showed morality and intelligence to be related in adolescents and adults, the current study wants to test if these findings can be extended to younger children. The study was designed to address some of the shortcomings in prior research by examining young children aged between 6 years; 4 months and 8 years; 10 months, using a broad concept of moral development including emotional aspects and applying an approach that is closely connected to children's daily lives. Participants ( N = 129) completed a standardized intelligence test and were presented four moral transgression stories to assess moral development. Results demonstrated that findings from prior research with adolescents or adults cannot simply be extended to younger participants. No significant correlations of moral development and intelligence were found for any of the presented stories. This provides first evidence that - at least in middle childhood - moral developmental status seems to be independent from children's general intelligence assessed by figural inductive reasoning tests.

Moral sensitivity and moral distress in Iranian critical care nurses.

Science.gov (United States)

Borhani, Fariba; Abbaszadeh, Abbas; Mohamadi, Elham; Ghasemi, Erfan; Hoseinabad-Farahani, Mohammad Javad

2017-06-01

Moral sensitivity is the foremost prerequisite to ethical performance; a review of literature shows that nurses are sometimes not sensitive enough for a variety of reasons. Moral distress is a frequent phenomenon in nursing, which may result in paradoxes in care, dealing with patients and rendering high-quality care. This may, in turn, hinder the meeting of care objectives, thus affecting social healthcare standards. The present research was conducted to determine the relationship between moral sensitivity and moral distress of nurses in intensive care units. This study is a descriptive-correlation research. Lutzen's moral sensitivity questionnaire and Corley Moral Distress Questionnaire were used to gather data. Participants and research context: A total of 153 qualified nurses working in the hospitals affiliated to Shahid Beheshti University of Medical Sciences were selected for this study. Subjects were selected by census method. Ethical considerations: After explaining the objectives of the study, all the participants completed and signed the written consent form. To conduct the study, permission was obtained from the selected hospitals. Nurses' average moral sensitivity grade was 68.6 ± 7.8, which shows a moderate level of moral sensitivity. On the other hand, nurses also experienced a moderate level of moral distress (44.8 ± 16.6). Moreover, there was no meaningful statistical relationship between moral sensitivity and moral distress (p = 0.26). Although the nurses' moral sensitivity and moral distress were expected to be high in the intensive care units, it was moderate. This finding is consistent with the results of some studies and contradicts with others. As moral sensitivity is a crucial factor in care, it is suggested that necessary training be provided to develop moral sensitivity in nurses in education and practical environments. Furthermore, removing factors that contribute to moral distress may help decrease it in nurses.

Ethical safety of deep brain stimulation: A study on moral decision-making in Parkinson's disease.

Science.gov (United States)

Fumagalli, Manuela; Marceglia, Sara; Cogiamanian, Filippo; Ardolino, Gianluca; Picascia, Marta; Barbieri, Sergio; Pravettoni, Gabriella; Pacchetti, Claudio; Priori, Alberto

2015-07-01

The possibility that deep brain stimulation (DBS) in Parkinson's disease (PD) alters patients' decisions and actions, even temporarily, raises important clinical, ethical and legal questions. Abnormal moral decision-making can lead to ethical rules violations. Previous experiments demonstrated the subthalamic (STN) activation during moral decision-making. Here we aim to study whether STN DBS can affect moral decision-making in PD patients. Eleven patients with PD and bilateral STN DBS implant performed a computerized moral task in ON and OFF stimulation conditions. A control group of PD patients without DBS implant performed the same experimental protocol. All patients underwent motor, cognitive and psychological assessments. STN stimulation was not able to modify neither reaction times nor responses to moral task both when we compared the ON and the OFF state in the same patient (reaction times, p = .416) and when we compared DBS patients with those treated only with the best medical treatment (reaction times: p = .408, responses: p = .776). Moral judgment is the result of a complex process, requiring cognitive executive functions, problem-solving, anticipations of consequences of an action, conflict processing, emotional evaluation of context and of possible outcomes, and involving different brain areas and neural circuits. Our data show that STN DBS leaves unaffected moral decisions thus implying relevant clinical and ethical implications for DBS consequences on patients' behavior, on decision-making and on judgment ability. In conclusion, the technique can be considered safe on moral behavior. Copyright © 2015 Elsevier Ltd. All rights reserved.

Audience Perception of Hate Speech and Foul Language in the Social Media in Nigeria: Implications for Morality and Law

Directory of Open Access Journals (Sweden)

Terfa T. Alakali

2017-01-01

Full Text Available This paper examined the phenomenon of hate speech and foul language on social media platforms in Nigeria, and assessed their moral and legal consequences in the society and to journalism practice. It used both quantitative and qualitative methodology to investigate the phenomenon. In the first place, the paper employed the survey research methodology to sample 384 respondents using questionnaire and focus group discussion as instruments for data collection. Findings from the research indicate that promoting hate speech and foul language on social media have moral and legal consequences in the society and to journalism practice. Findings also show that although, the respondents understand that hate speech and foul language attract legal consequences, they do not know what obligations are created by law against perpetrators of hate speech and foul language in Nigeria. The paper therefore, adopted the qualitative, doctrinal and analytical methodology to discuss the legal consequences and obligations created against perpetrators of hate speech and foul language in Nigeria. The paper concluded based on the findings that hate speech and foul language is prevalent on social media platforms in Nigeria and that there are adequate legal provisions to curb the phenomenon in Nigeria. It recommends among others things that the Nigerian government and NGOs should sponsor monitoring projects like the UMATI in Kenya to better understand the use of hate speech and that monitoring agencies set up under the legal regime should adopt mechanisms to identify and remove hate speech content on social media platforms in Nigeria.

Humanitarian Treatment of Insurgents: Is the U.S. Making a Mistake? (A View from Outside the Legal Community)

National Research Council Canada - National Science Library

Gardner, Robert L

2006-01-01

.... These efforts increased significantly following the World War II attacks on civilian populations, with the result that in today's warfare there is a legal requirement to focus military efforts...

Moral Motivation, Moral Judgment, and Antisocial Behavior

Science.gov (United States)

Brooks, Jeff; Bock, Tonia; Narvaez, Darcia

2013-01-01

The link between judgment and action is weak throughout psychology, including moral psychology. That is, people often do not act in accordance with their reasoning. Might moral judgment development be better viewed as a capacity that inhibits "immoral" behavior? One model that helps account for the moral judgment-action gap is Rest's…

Historical-Philosophical Components of Policy and Mo-Rality Relations

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Dmytro V. Usov

2014-06-01

principles appear both as formal and procedurally - material ones, but the necessary for politicians mental attitude not only to their close, but also to other people requires the willingness to be honest and open. Conclusions. The understanding of the ways of combining the morality and politics through the achievements of a compromise of completive views and life strategies is essential for the development of real, but not apparent "legal state" in which the ruling authority represents not the interests of citizens, but only their own interests and goods. Concerning the public discourse of social agreement, it goes about the need for compromise and consideration of individual life plans, and the problem of legitimacy of power and necessary for the operation of universal principles of sense of justice and trust.

HISTORICAL-PHILOSOPHICAL COMPONENTS OF POLICY AND MO-RALITY RELATIONS

Directory of Open Access Journals (Sweden)

Dmytro V. Usov

2014-06-01

principles appear both as formal and procedurally - material ones, but the necessary for politicians mental attitude not only to their close, but also to other people requires the willingness to be honest and open. Conclusions. The understanding of the ways of combining the morality and politics through the achievements of a compromise of completive views and life strategies is essential for the development of real, but not apparent "legal state" in which the ruling authority represents not the interests of citizens, but only their own interests and goods. Concerning the public discourse of social agreement, it goes about the need for compromise and consideration of individual life plans, and the problem of legitimacy of power and necessary for the operation of universal principles of sense of justice and trust.

Development and validation of a questionnaire to measure moral distress in community pharmacists.

Science.gov (United States)

Astbury, Jayne L; Gallagher, Cathal T

2017-02-01

Background Pharmacists work within a highly-regulated occupational sphere, and are bound by strict legal frameworks and codes of professional conduct. This regulatory environment creates the potential for moral distress to occur due to the limitations it places on acting in congruence with moral judgements. Very little research regarding this phenomenon has been undertaken in pharmacy: thus, prominent research gaps have arisen for the development of a robust tool to measure and quantify moral distress experienced in the profession. Objective The aim of this study was to develop an instrument to measure moral distress in community pharmacists. Setting Community pharmacies in the United Kingdom. Method This study adopted a three-phase exploratory sequential mixed-method design. Three semi-structured focus groups were then conducted to allow pharmacists to identify and explore scenarios that cause moral distress. Each of the identified scenarios were developed into a statement, which was paired with twin seven-point Likert scales to measure the frequency and intensity of the distress, respectively. Content validity, reliability, and construct validity were all tested, and the questionnaire was refined. Main outcome measure The successful development of the valid instrument for use in the United Kingdom. Results This research has led to the development of a valid and reliable instrument to measure moral distress in community pharmacists in the UK. The questionnaire has already been distributed to a large sample of community pharmacists. Conclusion Results from this distribution will be used to inform the formulation of coping strategies for dealing with moral distress.

The importance of moral construal: moral versus non-moral construal elicits faster, more extreme, universal evaluations of the same actions.

Directory of Open Access Journals (Sweden)

Jay J Van Bavel

Full Text Available Over the past decade, intuitionist models of morality have challenged the view that moral reasoning is the sole or even primary means by which moral judgments are made. Rather, intuitionist models posit that certain situations automatically elicit moral intuitions, which guide moral judgments. We present three experiments showing that evaluations are also susceptible to the influence of moral versus non-moral construal. We had participants make moral evaluations (rating whether actions were morally good or bad or non-moral evaluations (rating whether actions were pragmatically or hedonically good or bad of a wide variety of actions. As predicted, moral evaluations were faster, more extreme, and more strongly associated with universal prescriptions-the belief that absolutely nobody or everybody should engage in an action-than non-moral (pragmatic or hedonic evaluations of the same actions. Further, we show that people are capable of flexibly shifting from moral to non-moral evaluations on a trial-by-trial basis. Taken together, these experiments provide evidence that moral versus non-moral construal has an important influence on evaluation and suggests that effects of construal are highly flexible. We discuss the implications of these experiments for models of moral judgment and decision-making.

Moral Action as Social Capital, Moral Thought as Cultural Capital

Science.gov (United States)

Kang, Min Ju; Glassman, Michael

2010-01-01

This paper explores the idea that moral thought/reasoning and moral actions are actually two separate phenomena that have little relationship to each other. The idea that moral thinking does or can control moral action creates a difficult dualism between our knowledge about morality and our everyday actions. These differences run parallel to the…

And I Shot Her: On War, and the Creation of Inequities in the Development of Youths' Moral Capacities.

Science.gov (United States)

Wainryb, Cecilia; Bourne, Stacia

War creates a multifaceted web of inequities that encompass most levels of the ecology of youth development. These include psychosocial inequities bearing on war-exposed youth's limited access to medical and educational services and job-training and employment opportunities, as well as some of the unique psychological sequelae of trauma exposure. In this chapter we put forth a twofold argument. First, we argue that the protracted hardships of war also create enduring psychological inequities that go beyond the well-documented psychosocial needs and psychological trauma, and encompass other aspects of youths' healthy development; these are inequities inasmuch as they represent profound alterations of the developmental pathways available to war-affected youth. Second, we maintain that the psychological sciences must strive to understand such longstanding developmental inequities even if we do not, at this time, have the tools to fully address them. © 2016 Elsevier Inc. All rights reserved.

Moral satisficing: rethinking moral behavior as bounded rationality.

Science.gov (United States)

Gigerenzer, Gerd

2010-07-01

What is the nature of moral behavior? According to the study of bounded rationality, it results not from character traits or rational deliberation alone, but from the interplay between mind and environment. In this view, moral behavior is based on pragmatic social heuristics rather than moral rules or maximization principles. These social heuristics are not good or bad per se, but solely in relation to the environments in which they are used. This has methodological implications for the study of morality: Behavior needs to be studied in social groups as well as in isolation, in natural environments as well as in labs. It also has implications for moral policy: Only by accepting the fact that behavior is a function of both mind and environmental structures can realistic prescriptive means of achieving moral goals be developed. Copyright © 2010 Cognitive Science Society, Inc.

Theological ethics, moral philosophy, and public moral discourse.

Science.gov (United States)

Jonsen, Albert R

1994-03-01

The advent and growth of bioethics in the United States in the late 1960s and early 1970s precipitated an era of public moral discourse, that is, the deliberate attempt to analyze and formulate moral argument for use in public policy. The language for rational discussion of moral matters evolved from the parent disciplines of moral philosophy and theological ethics, as well as from the idioms of a secular, pluralistic world that was searching for policy answers to difficult bioethical questions. This article explores the basis and content of the unique contributions of both theological and philosophical ethics to the development of public moral discourse.

Learning from moral inconsistency.

Science.gov (United States)

Campbell, Richmond

2017-10-01

Moral inconsistency is an understudied phenomenon in cognitive moral psychology and deserves in depth empirical study. Moral inconsistency, as understood here, is not formal inconsistency but inconsistency in moral emotion and belief in response to particular cases. It occurs when persons treat cases as morally different that are really morally the same, even from their moral perspective. Learning to recognize and avoid such moral inconsistency in non-trivial but is a form of moral learning that complements and enhances other psychological and social mechanisms through which persons learn how to apply shared moral norms when their applications are uncertain and threaten to lapse into moral inconsistency. The same psychological process also can function to revise current moral norms when their straightforward applications are morally inconsistent with more basic moral commitments. Through this moral learning and related kinds, people can learn how to identify issues of moral priority when moral norms conflict and, when necessary, how to revise their moral norms. The recent revolution in dominant moral norms around gay sex and gay marriage in Europe and North America provides a possible illustration. When coupled with other modes of moral learning in the context of ambiguous but deeply rooted moral norms, such as those of sanctity and authority, reflection on moral inconsistency can help to justify this large-scale moral change, even among those who find gay sex, by its nature, morally repugnant. Copyright © 2017 Elsevier B.V. All rights reserved.

When the War Doesn’t End: Detainees in Legal Limbo

Science.gov (United States)

2014-05-01

it most. While the images of Abu Ghraib may have been forgotten by many, the limitless detention laws provide a legal basis that allows many to...11 Detainee Policy: Popular President Meets Unified Government. Universitat der Bundeswehr 2013, 92. 35 Strasser, Steven 2004. The Abu Ghraib

The battle for Yellowstone: Morality and the  sacred roots of environmental conflict, by Justin Farrell

Science.gov (United States)

John Schelhas

2017-01-01

A growing number of intractable environmental conflicts involving interest groups with deeply held beliefs are resisting resolution in spite of extensive scientific analysis and legal and bureaucratic attention. Justin Farrell addresses three such conflicts in the Greater Yellowstone Ecosystem (GYE) as moral and spiritual conflicts, each uniquely animated by history,...

[Moral and religious issues in health care].

Science.gov (United States)

Necek, Robert

2012-01-01

The paper summarises the moral and spiritual factors important in care for sick people. Medical care is one of the ancient forms of our activity as humans, expounding care for other people's well-being. The moral aspect of medical care is deeply rooted in constant daily interaction between the patient and the doctor aiming at easing symptoms, support, help, prevention and defense. Such teleological orientation of medicine is, according to John Paul II, made possible not so much by technology but by physician's conscience, wisdom and unlimited honesty. This is where ethics is needed to regulate that particular relation. This ethics stems from Christian morality, which raises our role as humans to that of guardians of dignity of another human being. Man is indeed the measure of all things, and this becomes the context for all relations including man's relation to God, but also relation of God to man. Thus, human dignity assumes the status of unconditional natural rule, inherently forestalling all legal arrangements. The morality of health care requires holistic approach, including care for body, mind, social interaction and spiritual needs. Only then, as explained by dr Ewa Kucharska, is it possible to answer patient's all needs. The moral side of the therapeutic contract bounds the doctor and the patient, alike. From this point of view, it is immoral not to cooperate with physicians in their strife for the preservation of health and life itself. Self negligence or active self harm (drugs, alcohol abuse, HIV/AIDS) are the utmost examples of such dishonesty. Finally, the imperative to bring hope and faith to the suffering, vests special importance in hospital chaplains, who bring good word, but most importantly the sacrament to those in need. The prayer in turn may evoke strong hope for cure, capable of supporting both soul and body. The suffering of man cannot be understood on rational grounds. It requires acceptance, and, above all, it requires faith. And this

Constitutionalism, pluralism and the role of human rights in shaping the relations between legal orders

DEFF Research Database (Denmark)

Cebulak, Pola

2012-01-01

.” Hence, for instance, the Court of Justice of the EU has taken an active role in ensuring the effet utile of European law. This article discusses possible theoretical perspectives on the interactions between various legal orders in the international arena. The opposition between the dualist and monist......In the period since the end of the Cold War, the different layers of law in the international arena have become more interlinked and interwoven. This shift might suggest a development towards a legal “melting pot” involving an increased cross-application of judicial norms stemming from different...... legal orders. In fact, judges are more and more often faced with cases involving legal provisions that are foreign to their legal orders. Hans Kelsen pointed out that “the power of state is no mystical force concealed behind the state or its law; it is only the effectiveness of the national legal order...

Drones and Responsibility

DEFF Research Database (Denmark)

How does the use of military drones affect the legal, political, and moral responsibility of different actors involved in their deployment and design? This volume offers a fresh contribution to the ethics of drone warfare by providing, for the first time, a systematic interdisciplinary discussion...... of different responsibility issues raised by military drones. The book discusses four main sets of questions: First, from a legal point of view, we analyse the ways in which the use of drones makes the attribution of criminal responsibility to individuals for war crimes more complicated and what adjustments...... may be required in international criminal law and in military practices to avoid ’responsibility gaps’ in warfare. From a moral and political perspective, the volume looks at the conditions under which the use of military drones by states is impermissible, permissible, or even obligatory and what...

Mental health, citizenship, and the memory of World War II in the Netherlands (1945-85).

Science.gov (United States)

Oosterhuis, Harry

2014-03-01

After World War II, Dutch psychiatrists and other mental health care professionals articulated ideals of democratic citizenship. Framed in terms of self-development, citizenship took on a broad meaning, not just in terms of political rights and obligations, but also in the context of material, social, psychological and moral conditions that individuals should meet in order to develop themselves and be able to act according to those rights and obligations in a responsible way. In the post-war period of reconstruction (1945-65), as well as between 1965 and 1985, the link between mental health and ideals of citizenship was coloured by the public memory of World War II and the German occupation, albeit in completely different, even opposite ways. The memory of the war, and especially the public consideration of its victims, changed drastically in the mid-1960s, and the mental health sector played a crucial role in bringing this change about. The widespread attention to the mental effects of the war that surfaced in the late 1960s after a period of 20 years of public silence should be seen against the backdrop of the combination of democratization and the emancipation of emotions.

The Morality of Aspiration: A Neglected Dimension of Law and Morality

NARCIS (Netherlands)

W. van der Burg (Wibren)

1999-01-01

markdownabstractIntroduction In The Morality of Law, Fuller introduces the distinction between the morality of duty and the morality of aspiration, and applies it to problems of jurisprudence. 1 In moral theory, both types of morality may be easily associated (though never completely

The real dope: social, legal, and historical perspectives on the regulation of drugs in Canada

National Research Council Canada - National Science Library

Montigny, Edgar-André

2011-01-01

... - to examine the relationship between moral judgment and legal regulation. Highlights of this collection include rare glimpses into how LSD, cocaine, and Ecstasy have historically been treated by authority figures. Other topics explored range from anti-smoking campaigns and addiction treatment to the relationship between ethnicity and liquor control. Readers ...

Liberating Moral Reflection

Science.gov (United States)

Horell, Harold D.

2013-01-01

The author argues that if we are to foster life-giving and liberating moral reflection, we must first liberate moral reflection from distortions; specifically, from the distorting effects of moral insensitivity, destructive moral relativism, and confusions resulting from a failure to understand the dynamics of moral reflection. The author proposes…

Moral Identity Predicts Doping Likelihood via Moral Disengagement and Anticipated Guilt.

Science.gov (United States)

Kavussanu, Maria; Ring, Christopher

2017-08-01

In this study, we integrated elements of social cognitive theory of moral thought and action and the social cognitive model of moral identity to better understand doping likelihood in athletes. Participants (N = 398) recruited from a variety of team sports completed measures of moral identity, moral disengagement, anticipated guilt, and doping likelihood. Moral identity predicted doping likelihood indirectly via moral disengagement and anticipated guilt. Anticipated guilt about potential doping mediated the relationship between moral disengagement and doping likelihood. Our findings provide novel evidence to suggest that athletes, who feel that being a moral person is central to their self-concept, are less likely to use banned substances due to their lower tendency to morally disengage and the more intense feelings of guilt they expect to experience for using banned substances.

Physician alert: the legal risks associated with 'on-call' duties in the USA.

Science.gov (United States)

Paterick, Zachary R; Patel, Nachiket J; Paterick, Timothy Edward

2018-06-13

On-call physicians encounter a diverse aggregate of interfaces with sundry persons concerning patient care that may surface potential legal peril. The duties and obligations of an on-call physician, who must act as a fiduciary to all patients, create a myriad of circumstances where there is a risk of falling prey to legal ambiguities. The understanding of the doctor-patient relationship, the obligations of physicians under the Emergency Medical Treatment and Labor Act, the meaning of medical informed consent and the elements of negligence will help physicians avoid the legal risk associated with the various encounters of being on call. After introducing the legal concepts, we will explore the interactions that may put physicians at legal risk and outline how to mitigate that risk. Being on call is time consuming and arduous. While on call, physicians have a duty to act morally and ethically in the best interest of the patients. © Article author(s) (or their employer(s) unless otherwise stated in the text of the article) 2018. All rights reserved. No commercial use is permitted unless otherwise expressly granted.

Markets and morals: an experimental survey study.

Directory of Open Access Journals (Sweden)

Julio J Elias

Full Text Available Most societies prohibit some market transactions based on moral concerns, even when the exchanges would benefit the parties involved and would not create negative externalities. A prominent example is given by payments for human organs for transplantation, banned virtually everywhere despite long waiting lists and many deaths of patients who cannot find a donor. Recent research, however, has shown that individuals significantly increase their stated support for a regulated market for human organs when provided with information about the organ shortage and the potential beneficial effects a price mechanism. In this study we focused on payments for human organs and on another "repugnant" transaction, indoor prostitution, to address two questions: (A Does providing general information on the welfare properties of prices and markets modify attitudes toward repugnant trades? (B Does additional knowledge on the benefits of a price mechanism in a specific context affect attitudes toward price-based transactions in another context? By answering these questions, we can assess whether eliciting a market-oriented approach may lead to a relaxation of moral opposition to markets, and whether there is a cross-effect of information, in particular for morally controversial activities that, although different, share a reference to the "commercialization" of the human body. Relying on an online survey experiment with 5,324 U.S. residents, we found no effect of general information about market efficiency, consistent with morally controversial markets being accepted only when they are seen as a solution to a specific problem. We also found some cross-effects of information about a transaction on the acceptance of the other; however, the responses were mediated by the gender and (to a lesser extent religiosity of the respondent--in particular, women exposed to information about legalizing prostitution reduced their stated support for regulated organ payments. We

Markets and morals: an experimental survey study.

Science.gov (United States)

Elias, Julio J; Lacetera, Nicola; Macis, Mario

2015-01-01

Most societies prohibit some market transactions based on moral concerns, even when the exchanges would benefit the parties involved and would not create negative externalities. A prominent example is given by payments for human organs for transplantation, banned virtually everywhere despite long waiting lists and many deaths of patients who cannot find a donor. Recent research, however, has shown that individuals significantly increase their stated support for a regulated market for human organs when provided with information about the organ shortage and the potential beneficial effects a price mechanism. In this study we focused on payments for human organs and on another "repugnant" transaction, indoor prostitution, to address two questions: (A) Does providing general information on the welfare properties of prices and markets modify attitudes toward repugnant trades? (B) Does additional knowledge on the benefits of a price mechanism in a specific context affect attitudes toward price-based transactions in another context? By answering these questions, we can assess whether eliciting a market-oriented approach may lead to a relaxation of moral opposition to markets, and whether there is a cross-effect of information, in particular for morally controversial activities that, although different, share a reference to the "commercialization" of the human body. Relying on an online survey experiment with 5,324 U.S. residents, we found no effect of general information about market efficiency, consistent with morally controversial markets being accepted only when they are seen as a solution to a specific problem. We also found some cross-effects of information about a transaction on the acceptance of the other; however, the responses were mediated by the gender and (to a lesser extent) religiosity of the respondent--in particular, women exposed to information about legalizing prostitution reduced their stated support for regulated organ payments. We relate these

Is equal moral consideration really compatible with unequal moral status?

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Rossi, John

2010-09-01

The issue of moral considerability, or how much moral importance a being's interests deserve, is one of the most important in animal ethics. Some leading theorists--most notably David DeGrazia--have argued that a principle of "equal moral consideration" is compatible with "unequal moral status." Such a position would reconcile the egalitarian force of equal consideration with more stringent obligations to humans than animals. The article presents arguments that equal consideration is not compatible with unequal moral status, thereby forcing those who would justify significantly different moral protections for humans and animals to argue for unequal consideration.

Individual Differences in Moral Development: Does Intelligence Really Affect Children’s Moral Reasoning and Moral Emotions?

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Beißert, Hanna M.; Hasselhorn, Marcus

2016-01-01

This study investigates the relationship between intelligence and individual differences in children’s moral development across a range of different moral transgressions. Taking up prior research that showed morality and intelligence to be related in adolescents and adults, the current study wants to test if these findings can be extended to younger children. The study was designed to address some of the shortcomings in prior research by examining young children aged between 6 years; 4 months and 8 years; 10 months, using a broad concept of moral development including emotional aspects and applying an approach that is closely connected to children’s daily lives. Participants (N = 129) completed a standardized intelligence test and were presented four moral transgression stories to assess moral development. Results demonstrated that findings from prior research with adolescents or adults cannot simply be extended to younger participants. No significant correlations of moral development and intelligence were found for any of the presented stories. This provides first evidence that – at least in middle childhood – moral developmental status seems to be independent from children’s general intelligence assessed by figural inductive reasoning tests. PMID:28066287

Individual differences in moral development: Does intelligence really affect children’s moral reasoning and moral emotions?

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Hanna Maria Beißert

2016-12-01

Full Text Available This study investigates the relationship between intelligence and individual differences in children’s moral development across a range of different moral transgressions. Taking up prior research that showed morality and intelligence to be related in adolescents and adults, the current study wants to test if these findings can be extended to younger children. The study was designed to address some of the shortcomings in prior research by examining young children aged between 6 years; 4 months and 8 years; 10 months, using a broad concept of moral development including emotional aspects and applying an approach that is closely connected to children’s daily lives. Participants (N = 129 completed a standardized intelligence test and were presented four moral transgression stories to assess moral development. Results demonstrated that findings from prior research with adolescents or adults cannot simply be extended to younger participants. No significant correlations of moral development and intelligence were found for any of the presented stories. This provides first evidence that – at least in middle childhood – moral developmental status seems to be independent from children’s general intelligence assessed by figural inductive reasoning tests.

The paradox of conscientious objection and the anemic concept of 'conscience': downplaying the role of moral integrity in health care.

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Giubilini, Alberto

2014-06-01

Conscientious objection in health care is a form of compromise whereby health care practitioners can refuse to take part in safe, legal, and beneficial medical procedures to which they have a moral opposition (for instance abortion). Arguments in defense of conscientious objection in medicine are usually based on the value of respect for the moral integrity of practitioners. I will show that philosophical arguments in defense of conscientious objection based on respect for such moral integrity are extremely weak and, if taken seriously, lead to consequences that we would not (and should not) accept. I then propose that the best philosophical argument that defenders of conscientious objection in medicine can consistently deploy is one that appeals to (some form of) either moral relativism or subjectivism. I suggest that, unless either moral relativism or subjectivism is a valid theory--which is exactly what many defenders of conscientious objection (as well as many others) do not think--the role of moral integrity and conscientious objection in health care should be significantly downplayed and left out of the range of ethically relevant considerations.

Cultural Conceptions of Morality: Examining Laypeople's Associations of Moral Character

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Vauclair, Christin-Melanie; Wilson, Marc; Fischer, Ronald

2014-01-01

Whether moral conceptions are universal or culture-specific is controversial in moral psychology. One option is to refrain from imposing theoretical constraints and to ask laypeople from different cultures how "they" conceptualize morality. Our article adopts this approach by examining laypeople's associations of moral character in…

Children's Moral Emotions and Moral Cognition: Towards an Integrative Perspective

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Malti, Tina; Latzko, Brigitte

2010-01-01

This chapter presents a brief introduction to the developmental and educational literature linking children's moral emotions to cognitive moral development. A central premise of the chapter is that an integrative developmental perspective on moral emotions and moral cognition provides an important conceptual framework for understanding children's…

War and peace in the Internet era

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Josep M. Porta Fabregat

2004-04-01

Full Text Available This article looks to find the ideological causes that lead human beings to war or peace nowadays, in the Internet era. This proposal is worthy of study as war is not a need in terms of human nature or history: we are capable of war and peace simultaneously. However, why does war survive if we are able to live in peace? In our opinion, the actual cause of conflict is fanaticism. This phenomenon comes from the perversion of the two bases of our civilisation: liberty and rationality. This twofold perversion leads us to believe that we are the Absolute, or at least its instrument.Since the fall of the Berlin wall, this kind of fanaticism has come from the generalised conviction that we are at the "end of history"; in this light, one can conclude that this irrationality is definitive and, thus, that any efforts to achieve world peace are useless. However, we believe that the formula for peace can only be derived from reflection and the effective extension around the world of a technical medium that makes communication between all men possible. This would be able to resolve all the perversions of liberty and rationality and make people aware of the infinite distance between us and the Absolute. However, this reflection is not enough. For this awareness to triumph, the technical and ideological situation represented by the Internet has to spread over the whole planet: liberty for those taking part, rationality to allow for communication among all those connected and universal access. This is the moral trend for the Internet, which in itself encourages progress towards world peace.

Context, Moral Orientation and Self- Esteem: Impacting the Moral ...

African Journals Online (AJOL)

Context, Moral Orientation and Self- Esteem: Impacting the Moral Development of ... The purpose of this study was to compare moral orientation and a measure of self-esteem with the degree of consideration ... AJOL African Journals Online.

No Child Left Alone: Moral Judgments about Parents Affect Estimates of Risk to Children

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Ashley J. Thomas

2016-08-01

Full Text Available In recent decades, Americans have adopted a parenting norm in which every child is expected to be under constant direct adult supervision. Parents who violate this norm by allowing their children to be alone, even for short periods of time, often face harsh criticism and even legal action. This is true despite the fact that children are much more likely to be hurt, for example, in car accidents. Why then do bystanders call 911 when they see children playing in parks, but not when they see children riding in cars? Here, we present results from six studies indicating that moral judgments play a role: The less morally acceptable a parent’s reason for leaving a child alone, the more danger people think the child is in. This suggests that people’s estimates of danger to unsupervised children are affected by an intuition that parents who leave their children alone have done something morally wrong.

Brogaard's Moral Contextualism

DEFF Research Database (Denmark)

Binderup, Lars Grassme

2008-01-01

Brogaard's non-indexical version of moral contextualism has two related problems. It is unable to account for the function of truth-governed assertoric moral discourse, since it leaves two (semantically clearheaded) disputants without any incentive to resolve seemingly contradictory moral claims....... The moral contextualist could explain why people do feel such an incentive by ascribing false beliefs about the semantic workings of their own language. But, secondly, this leaves Brogaard's moral contextualism looking weaker than a Mackie-style invariantist error theory about morals. The latter is equally...

Defining Features of Moral Sensitivity and Moral Motivation: Pathways to Moral Reasoning in Medical Students

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Morton, Kelly R.; Worthley, Joanna S.; Testerman, John K.; Mahoney, Marita L.

2006-01-01

Kohlberg's theory of moral development explores the roles of cognition and emotion but focuses primarily on cognition. Contemporary post-formal theories lead to the conclusion that skills resulting from cognitive-affective integration facilitate consistency between moral judgement and moral behaviour. Rest's four-component model of moral…

Sociological concept of morale

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Marjanović Miloš

2012-01-01

Full Text Available The author first discusses the overall unity of the total normative regulation, from which it is separated in the late Roman empire the right, but only in the new century and the morale. There are analyzed the relationship between the moral and ethical reflection and Weber's distinction between pure ethics will (Gesinnungsethik and ethics of responsibility (Verantwortungsethik. The morale is determined by the good as the highest value, as a specific form of social norms but also as a kind of human behavior. These three definitions can be combined in an integrative approach. There are examined the dimensions of moral statements, subjective and objective side of morality, as well as the difference between morale and morality. A general notion of morale can not be defined in substantive but only in formal way . The formal definition is a constituent of general as well as of sociological concept of morale and it is related to morality as a social phenomenon. Its essence is to define the morale by specific norms, the characteristics of the internal and external mandatory (with the pricks of conscience as the most distinctive moral sanction and control exercised by the formal not institutionalized or diffuse society , and in consideration of morality as a social process (actions of people associated moral norms . The basic types of social moral process - being, education, functioning and changing of morale are described. There are briefly analyzed the influence of society to the morale and social function of morale, with special emphasis on the relationship between law and morale.

State Policy Against Information War

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Dmitry Shibaev

2016-01-01

Full Text Available The most recent and effective method to resolve aconflict between countries is information war. Information warfare, i.e. propaganda, information sabotage, blackmail, could be more damaging than the effects of the traditional methods of war. The government must be prepared to prevent and counteract the bleeding-edge techniques of warfare that is to work out measures, to oppose enemy’s information weapons , to gain information superiority , to develop a society thatis immune to disinformation, to elaborate a concept of information warfare counteraction.The authors have examined both foreign and Russian sources of law which define the requirements for the government activities to oppose information warfare. They also refer to the opinions of foreign and Russian researchers, politicians and public figures who have commented on the concept and features of such political and legal constructs as information warfare and information weapons. The problem of information warfare must be identified as a profoundly serious and damaging threat. This paper provides the features of information warfare and the methods to resist it as well as the proposals to amend the domestic legislation to create conditions for an accurate understanding of this political and legal phenomenon. In addition, it points out that the amendment of the Information Security Doctrine is not sufficient to counterbalance the threat of information warfare. In a certain document it is necessary to recount all notions, requirements and methods for the government actions aimed to gradually change the situation, particularly, the development of sectoral (information security legislation, specialists training to be able to deal with informational and psychological aggression forming public opinion through the government-run mass media, etc.

Morality in everyday life.

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Hofmann, Wilhelm; Wisneski, Daniel C; Brandt, Mark J; Skitka, Linda J

2014-09-12

The science of morality has drawn heavily on well-controlled but artificial laboratory settings. To study everyday morality, we repeatedly assessed moral or immoral acts and experiences in a large (N = 1252) sample using ecological momentary assessment. Moral experiences were surprisingly frequent and manifold. Liberals and conservatives emphasized somewhat different moral dimensions. Religious and nonreligious participants did not differ in the likelihood or quality of committed moral and immoral acts. Being the target of moral or immoral deeds had the strongest impact on happiness, whereas committing moral or immoral deeds had the strongest impact on sense of purpose. Analyses of daily dynamics revealed evidence for both moral contagion and moral licensing. In sum, morality science may benefit from a closer look at the antecedents, dynamics, and consequences of everyday moral experience. Copyright © 2014, American Association for the Advancement of Science.

The Everyday Moral Judge - Autobiographical Recollections of Moral Emotions.

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Körner, André; Tscharaktschiew, Nadine; Schindler, Rose; Schulz, Katrin; Rudolph, Udo

2016-01-01

Moral emotions are typically elicited in everyday social interactions and regulate social behavior. Previous research in the field of attribution theory identified ought (the moral standard of a given situation or intended goal), goal-attainment (a goal can be attained vs. not attained) and effort (high vs. low effort expenditure) as cognitive antecedents of moral emotions. In contrast to earlier studies, mainly relying on thought experiments, we investigated autobiographical recollections of N = 312 participants by means of an online study. We analyzed a diverse range of moral emotions, i.e., admiration, anger, contempt, indignation, pride, respect, schadenfreude, and sympathy, by using a mixed-method approach. Qualitative and quantitative methods clearly corroborate the important role of ought, goal-attainment, and effort as eliciting conditions of moral emotions. Furthermore, we built categorical systems based on our participants' descriptions of real-life situations, allowing for more fine-grained distinctions between seemingly similar moral emotions. We thus identify additional prerequisites explaining more subtle differences between moral emotion clusters as they emerge from our analyses (i.e., cluster 1: admiration, pride, and respect; cluster 2: anger, contempt, and indignation; cluster 3: schadenfreude and sympathy). Results are discussed in the light of attributional theories of moral emotions, and implications for future research are derived.

The Everyday Moral Judge - Autobiographical Recollections of Moral Emotions.

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André Körner

Full Text Available Moral emotions are typically elicited in everyday social interactions and regulate social behavior. Previous research in the field of attribution theory identified ought (the moral standard of a given situation or intended goal, goal-attainment (a goal can be attained vs. not attained and effort (high vs. low effort expenditure as cognitive antecedents of moral emotions. In contrast to earlier studies, mainly relying on thought experiments, we investigated autobiographical recollections of N = 312 participants by means of an online study. We analyzed a diverse range of moral emotions, i.e., admiration, anger, contempt, indignation, pride, respect, schadenfreude, and sympathy, by using a mixed-method approach. Qualitative and quantitative methods clearly corroborate the important role of ought, goal-attainment, and effort as eliciting conditions of moral emotions. Furthermore, we built categorical systems based on our participants' descriptions of real-life situations, allowing for more fine-grained distinctions between seemingly similar moral emotions. We thus identify additional prerequisites explaining more subtle differences between moral emotion clusters as they emerge from our analyses (i.e., cluster 1: admiration, pride, and respect; cluster 2: anger, contempt, and indignation; cluster 3: schadenfreude and sympathy. Results are discussed in the light of attributional theories of moral emotions, and implications for future research are derived.

Moral vindications.

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Kumar, Victor

2017-10-01

Psychologists and neuroscientists have recently been unearthing the unconscious processes that give rise to moral intuitions and emotions. According to skeptics like Joshua Greene, what has been found casts doubt on many of our moral beliefs. However, a new approach in moral psychology develops a learning-theoretic framework that has been successfully applied in a number of other domains. This framework suggests that model-based learning shapes intuitions and emotions. Model-based learning explains how moral thought and feeling are attuned to local material and social conditions. Philosophers can draw on these explanations, in some cases, in order to vindicate episodes of moral change. Explanations can support justifications by showing that they are not mere rationalizations. In addition, philosophical justifications are a fertile source for empirical hypotheses about the rational learning mechanisms that shape moral intuitions and emotions. Copyright © 2017 Elsevier B.V. All rights reserved.

Moral Hindsight.

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Fleischhut, Nadine; Meder, Björn; Gigerenzer, Gerd

2017-03-01

How are judgments in moral dilemmas affected by uncertainty, as opposed to certainty? We tested the predictions of a consequentialist and deontological account using a hindsight paradigm. The key result is a hindsight effect in moral judgment. Participants in foresight, for whom the occurrence of negative side effects was uncertain, judged actions to be morally more permissible than participants in hindsight, who knew that negative side effects occurred. Conversely, when hindsight participants knew that no negative side effects occurred, they judged actions to be more permissible than participants in foresight. The second finding was a classical hindsight effect in probability estimates and a systematic relation between moral judgments and probability estimates. Importantly, while the hindsight effect in probability estimates was always present, a corresponding hindsight effect in moral judgments was only observed among "consequentialist" participants who indicated a cost-benefit trade-off as most important for their moral evaluation.

The Theory of Dyadic Morality: Reinventing Moral Judgment by Redefining Harm.

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Schein, Chelsea; Gray, Kurt

2018-02-01

The nature of harm-and therefore moral judgment-may be misunderstood. Rather than an objective matter of reason, we argue that harm should be redefined as an intuitively perceived continuum. This redefinition provides a new understanding of moral content and mechanism-the constructionist Theory of Dyadic Morality (TDM). TDM suggests that acts are condemned proportional to three elements: norm violations, negative affect, and-importantly-perceived harm. This harm is dyadic, involving an intentional agent causing damage to a vulnerable patient (A→P). TDM predicts causal links both from harm to immorality (dyadic comparison) and from immorality to harm (dyadic completion). Together, these two processes make the "dyadic loop," explaining moral acquisition and polarization. TDM argues against intuitive harmless wrongs and modular "foundations," but embraces moral pluralism through varieties of values and the flexibility of perceived harm. Dyadic morality impacts understandings of moral character, moral emotion, and political/cultural differences, and provides research guidelines for moral psychology.

Contextual and perceptual brain processes underlying moral cognition: a quantitative meta-analysis of moral reasoning and moral emotions.

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Sevinc, Gunes; Spreng, R Nathan

2014-01-01

Human morality has been investigated using a variety of tasks ranging from judgments of hypothetical dilemmas to viewing morally salient stimuli. These experiments have provided insight into neural correlates of moral judgments and emotions, yet these approaches reveal important differences in moral cognition. Moral reasoning tasks require active deliberation while moral emotion tasks involve the perception of stimuli with moral implications. We examined convergent and divergent brain activity associated with these experimental paradigms taking a quantitative meta-analytic approach. A systematic search of the literature yielded 40 studies. Studies involving explicit decisions in a moral situation were categorized as active (n = 22); studies evoking moral emotions were categorized as passive (n = 18). We conducted a coordinate-based meta-analysis using the Activation Likelihood Estimation to determine reliable patterns of brain activity. Results revealed a convergent pattern of reliable brain activity for both task categories in regions of the default network, consistent with the social and contextual information processes supported by this brain network. Active tasks revealed more reliable activity in the temporoparietal junction, angular gyrus and temporal pole. Active tasks demand deliberative reasoning and may disproportionately involve the retrieval of social knowledge from memory, mental state attribution, and construction of the context through associative processes. In contrast, passive tasks reliably engaged regions associated with visual and emotional information processing, including lingual gyrus and the amygdala. A laterality effect was observed in dorsomedial prefrontal cortex, with active tasks engaging the left, and passive tasks engaging the right. While overlapping activity patterns suggest a shared neural network for both tasks, differential activity suggests that processing of moral input is affected by task demands. The results provide novel

Contextual and perceptual brain processes underlying moral cognition: a quantitative meta-analysis of moral reasoning and moral emotions.

Directory of Open Access Journals (Sweden)

Gunes Sevinc

Full Text Available BACKGROUND AND OBJECTIVES: Human morality has been investigated using a variety of tasks ranging from judgments of hypothetical dilemmas to viewing morally salient stimuli. These experiments have provided insight into neural correlates of moral judgments and emotions, yet these approaches reveal important differences in moral cognition. Moral reasoning tasks require active deliberation while moral emotion tasks involve the perception of stimuli with moral implications. We examined convergent and divergent brain activity associated with these experimental paradigms taking a quantitative meta-analytic approach. DATA SOURCE: A systematic search of the literature yielded 40 studies. Studies involving explicit decisions in a moral situation were categorized as active (n = 22; studies evoking moral emotions were categorized as passive (n = 18. We conducted a coordinate-based meta-analysis using the Activation Likelihood Estimation to determine reliable patterns of brain activity. RESULTS & CONCLUSIONS: Results revealed a convergent pattern of reliable brain activity for both task categories in regions of the default network, consistent with the social and contextual information processes supported by this brain network. Active tasks revealed more reliable activity in the temporoparietal junction, angular gyrus and temporal pole. Active tasks demand deliberative reasoning and may disproportionately involve the retrieval of social knowledge from memory, mental state attribution, and construction of the context through associative processes. In contrast, passive tasks reliably engaged regions associated with visual and emotional information processing, including lingual gyrus and the amygdala. A laterality effect was observed in dorsomedial prefrontal cortex, with active tasks engaging the left, and passive tasks engaging the right. While overlapping activity patterns suggest a shared neural network for both tasks, differential activity suggests that

The ABC of moral development: an attachment approach to moral judgment

Science.gov (United States)

Govrin, Aner

2014-01-01

As with other cognitive faculties, the etiology of moral judgment and its connection to early development is complex. Because research is limited, the causative and contributory factors to the development of moral judgment in preverbal infants are unclear. However, evidence is emerging from studies within both infant research and moral psychology that may contribute to our understanding of the early development of moral judgments. Though its finding are preliminary, this proposed paradigm synthesizes these findings to generate an overarching, model of the process that appears to contribute to the development of moral judgment in the first year of life. I will propose that through early interactions with the caregiver, the child acquires an internal representation of a system of rules that determine how right/wrong judgments are to be construed, used, and understood. By breaking moral situations down into their defining features, the attachment model of moral judgment outlines a framework for a universal moral faculty based on a universal, innate, deep structure that appears uniformly in the structure of almost all moral judgments regardless of their content. The implications of the model for our understanding of innateness, universal morality, and the representations of moral situations are discussed. PMID:24478739

Rhetoric by Avistotel: a Legal View

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Karina Kh. Rekosh

2015-01-01

Full Text Available Analysis of any phenomenon, which is far from the researcher for thousands years, in the light of this or that department of knowledge, highlights one and obscures another, prefers one over another. It happened to the rhetoric which was snatched by philology and neglected by lawyers. Although nowadays it is natural that the same phenomena are studied by different Sciences, the ancient rhetoric is looked at by most researchers as the art of philology. But the approach by Aristotle, in his Rhetoric, was legal rather than linguistic. Among the Aristotle's 4 requirements concerning good style (correctness, clarity, relevance and eloquence eloquence is only % and the % are closer to the law. Rhetoric has incorporated all the features of linguistic mechanisms and gave them to the law. The law perceived moral and ethical ideas: the good justice, virtue, ritual, law and techniques of philology and persuasion, among which the main one is syllogism already used in the dialectic, the main logic principle of legal reasoning. Towards the past, rhetoric is parallel to dialectic, but dialectic is focused on one person or on the speaker, and rhetoric aims at the audience, the first one tries to convince himself and the second tries to convince the audience and in this role rhetoric is linked with the law. As far as the evolution of law is concerned, instead of legal technique there was rhetoric (especially in its methodological form, defined by Aristotle, which can be considered as a step towards creating the law as a design in ancient Greece. It is proved by a comparison of the ancient institution of judicial process and judicial speeches with modern legal technicalities, which shows that the legal machinery embraced the principles of "rhetorical" technique. The methodological nature of the rhetoric by Aristotle is usually overlooked by linguists and lawyers.

[Single or double moral standards? Professional ethics of psychiatrists regarding self-determination, rights of third parties and involuntary treatment].

Science.gov (United States)

Pollmächer, T

2015-09-01

The current intensive discussion on the legal and moral aspects of involuntary treatment of psychiatric patients raises a number of ethical issues. Physicians are unambiguously obligated to protect patient welfare and autonomy; however, in psychiatric patients disease-related restrictions in the capacity of self-determination and behaviors endangering the rights of third parties can seriously challenge this unambiguity. Therefore, psychiatry is assumed to have a double function and is also obligated to third parties and to society in general. Acceptance of such a kind of double obligation carries the risk of double moral standards, placing the psychiatrist ethically outside the community of physicians and questioning the unrestricted obligation towards the patient. The present article formulates a moral position, which places the psychiatrist, like all other physicians, exclusively on the side of the patient in terms of professional ethics and discusses the practical problems arising from this moral position.

Executive Summary: Transforming Moral Distress into Moral Resilience in Nursing.

Science.gov (United States)

Rushton, Cynda Hylton; Schoonover-Shoffner, Kathy; Kennedy, Maureen Shawn

To examine practices for addressing moral distress, a collaborative project was developed by the Johns Hopkins Berman Institute of Bioethics, the Johns Hopkins School of Nursing, the American Journal of Nursing, and the Journal of Christian Nursing, along with the American Association of Critical-Care Nurses and the American Nurses Association. Its purpose was to identify strategies that individuals and systems can use to mitigate the detrimental effects of moral distress and foster moral resilience. On August 11 and 12, 2016, an invitational symposium, State of the Science: Transforming Moral Distress into Moral Resilience in Nursing, was held at the Johns Hopkins School of Nursing in Baltimore, Maryland. Forty-five nurse clinicians, researchers, ethicists, organization representatives, and other stakeholders took part. The result of the symposium was group consensus on recommendations for addressing moral distress and building moral resilience in four areas: practice, education, research, and policy. Participants and the organizations represented were energized and committed to moving this agenda forward. The full report is available online at http://journals.lww.com/ajnonline/Pages/Moral-Distress-Supplement.aspx.

Moral Geography and Exploration of the Moral Possibility Space

OpenAIRE

Bongrae Seok

2017-01-01

This article reviews Owen Flanagan’s latest book “The Geography of Morals, Varieties of Moral Possibilities” (2017). By exploring the space of moral possibility (i.e., diverse options and viewpoints of morality from different philosophical and religious traditions throughout the world), Flanagan argues that ethics is not simply a study of a priori conditions of normative rules and ideal values but a process of developing a careful understanding of varying conditions of human ecology and build...

Is moral bioenhancement dangerous?

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Drake, Nicholas

2016-01-01

In a recent response to Persson and Savulescu's Unfit for the Future, Nicholas Agar argues that moral bioenhancement is dangerous. His grounds for this are that normal moral judgement should be privileged because it involves a balance of moral subcapacities; moral bioenhancement, Agar argues, involves the enhancement of only particular moral subcapacities, and thus upsets the balance inherent in normal moral judgement. Mistaken moral judgements, he says, are likely to result. I argue that Agar's argument fails for two reasons. First, having strength in a particular moral subcapacity does not necessarily entail a worsening of moral judgement; it can involve strength in a particular aspect of morality. Second, normal moral judgement is not sufficiently likely to be correct to be the standard by which moral judgements are measured. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/

The measurement of principled morality by the Kohlberg Moral Dilemma Questionnaire.

Science.gov (United States)

Heilbrun, A B; Georges, M

1990-01-01

The four stages preceding the postconventional level in the Kohlberg (1958, 1971, 1976) system of moral development are described as involving moral judgments that conform to external conditions of punishment, reward, social expectation, and conformity to the law. No special level of self-control seems necessary to behave in keeping with these conditions of external reinforcement. In contrast, the two stages of postconventional (principled) mortality involve defiance of majority opinion and defiance of the law--actions that would seem to require greater self-control. This study was concerned with whether postconventional moral reasoning, as measured by the Kohlberg Moral Dilemma Questionnaire (MDQ), can be associated with higher self-control. If so, prediction of principled moral behavior from the MDQ would be based not only on postconventional moral reasoning but bolstered by the necessary level of self-control as well. College students who came the closest to postconventional moral reasoning showed better self-control than college students who were more conventional or preconventional in their moral judgments. These results support the validity of the MDQ for predicting principled moral behavior.

On Shermer on morality.

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Miller, Christian B

2016-11-01

This is my critical commentary on Michael Shermer's paper "Morality is real, objective, and natural." Shermer and I agree that morality is both real and objective. Here I raise serious reservations about both Shermer's account of where morality comes from and his account of what morality tells us to do. His approach to the foundations of morality would allow some very disturbing behaviors to count as moral, and his approach to what morality says does not provide the action guidance we need from a moral theory. © 2016 New York Academy of Sciences.

Moral Education as Intercultural Moral Education

Science.gov (United States)

Frisancho, Susana; Delgado, Guillermo Enrique

2018-01-01

In a diverse country such as Peru, moral education should reflect social, cultural, political and spiritual dilemmas of both indigenous and non-indigenous peoples and their communities. To promote understanding and respect amongst people from different sociocultural backgrounds, moral education should encourage a dialogue between indigenous values…

From prowar soldier to antiwar activist: Change and continuity in the narratives of political conversion among Iraq War veterans

Science.gov (United States)

David Flores

2016-01-01

This study examines conversion narratives of Iraq War military veterans who have become antiwar political activists. I examine how antiwar veterans construct and emplot prewar, wartime, and postwar narrative periods to shape and reclaim their moral identities as patriots fighting for a just cause, and how through a communal antiwar story they work to both...

Why Be Moral? Children's Explicit Motives for Prosocial-Moral Action

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Sonia eSengsavang

2015-05-01

Full Text Available Recent research on young children's morality has stressed the autonomous and internal nature of children's moral motivation. However, this research has mostly focused on implicit moral motives, whereas children's explicit motives have not been investigated directly. This study examined children’s explicit motives for why they want to engage in prosocial actions and avoid antisocial behavior. A total of 195 children aged 4 to 12 years were interviewed about their motives for everyday prosocial-moral actions, as well as reported on their relationship with their parents. Children's explicit motives to abstain from antisocial behavior were found to be more external and less other-oriented than their motives for prosocial action. Motives that reflected higher levels of internal motivation became more frequent with age. Moreover, positive parent-child relationships predicted more other-oriented motives and greater explication of moral motives. Overall, the study provides evidence that children’s explicit moral motivation is far more heterogeneous than prominent theories of moral development (past and present suggest.

Why be moral? Children's explicit motives for prosocial-moral action.

Science.gov (United States)

Sengsavang, Sonia; Willemsen, Kayleen; Krettenauer, Tobias

2015-01-01

Recent research on young children's morality has stressed the autonomous and internal nature of children's moral motivation. However, this research has mostly focused on implicit moral motives, whereas children's explicit motives have not been investigated directly. This study examined children's explicit motives for why they want to engage in prosocial actions and avoid antisocial behavior. A total of 195 children aged 4-12 years were interviewed about their motives for everyday prosocial-moral actions, as well as reported on their relationship with their parents. Children's explicit motives to abstain from antisocial behavior were found to be more external and less other-oriented than their motives for prosocial action. Motives that reflected higher levels of internal motivation became more frequent with age. Moreover, positive parent-child relationships predicted more other-oriented motives and greater explication of moral motives. Overall, the study provides evidence that children's explicit moral motivation is far more heterogeneous than prominent theories of moral development (past and present) suggest.

The Battle of Moscow - Turning Point of World War II

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V M Falin

2015-12-01

Full Text Available The article is dedicated to the Battle of Moscow in October- December, 1941. Author analyzes the causes of the failure of German army, who tries to encircle and capture Moscow, the events taking place on the outskirts of Moscow, German troops attempts to encircle Moscow. The author presents data on the speech by Adolf Hitler in Berlin on October 5, 1941, in which he acknowledged the failure of the Blitzkrieg and the Battle for Moscow and its suburbs. The researcher uses the documents of the Wehrmacht High Command, which stated that after the Battle of Moscow, German troops could not on any further stage of the war to restore the quality and morale of the armed forces, with whom Reich rushed to a campaign for world domination. The author, a prominent public and political figure of the USSR, also relies on personal recollections, interviews with prominent generals of World War II, including I. Konev.

War as a moral imperative (not just practical politics by other means)

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Ginges, Jeremy; Atran, Scott

2011-01-01

We present findings from one survey and five experiments carried out in the USA, Nigeria and the Middle East showing that judgements about the use of deadly intergroup violence are strikingly insensitive to quantitative indicators of success, or to perceptions of their efficacy. By demonstrating that judgements about the use of war are bounded by rules of deontological reasoning and parochial commitment, these findings may have implications for understanding the trajectory of violent political conflicts. Further, these findings are compatible with theorizing that links the evolution of within-group altruism to intergroup violence. PMID:21325334

"Idiots, infants, and the insane": mental illness and legal incompetence

OpenAIRE

Szasz, T

2005-01-01

Prior to the second world war, most persons confined in insane asylums were regarded as legally incompetent and had guardians appointed for them. Today, most persons confined in mental hospitals (or treated involuntarily, committed to outpatient treatment) are, in law, competent; nevertheless, in fact, they are treated as if they were incompetent. Should the goal of mental health policy be providing better psychiatric services to more and more people, or the reduction and ultimate elimination...

Can Social Robots Qualify for Moral Consideration? Reframing the Question about Robot Rights

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Herman T. Tavani

2018-03-01

Full Text Available A controversial question that has been hotly debated in the emerging field of robot ethics is whether robots should be granted rights. Yet, a review of the recent literature in that field suggests that this seemingly straightforward question is far from clear and unambiguous. For example, those who favor granting rights to robots have not always been clear as to which kinds of robots should (or should not be eligible; nor have they been consistent with regard to which kinds of rights—civil, legal, moral, etc.—should be granted to qualifying robots. Also, there has been considerable disagreement about which essential criterion, or cluster of criteria, a robot would need to satisfy to be eligible for rights, and there is ongoing disagreement as to whether a robot must satisfy the conditions for (moral agency to qualify either for rights or (at least some level of moral consideration. One aim of this paper is to show how the current debate about whether to grant rights to robots would benefit from an analysis and clarification of some key concepts and assumptions underlying that question. My principal objective, however, is to show why we should reframe that question by asking instead whether some kinds of social robots qualify for moral consideration as moral patients. In arguing that the answer to this question is “yes,” I draw from some insights in the writings of Hans Jonas to defend my position.

Reconciling the self and morality: an empirical model of moral centrality development.

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Frimer, Jeremy A; Walker, Lawrence J

2009-11-01

Self-interest and moral sensibilities generally compete with one another, but for moral exemplars, this tension appears to not be in play. This study advances the reconciliation model, which explains this anomaly within a developmental framework by positing that the relationship between the self's interests and moral concerns ideally transforms from one of mutual competition to one of synergy. The degree to which morality is central to an individual's identity-or moral centrality-was operationalized in terms of values advanced implicitly in self-understanding narratives; a measure was developed and then validated. Participants were 97 university students who responded to a self-understanding interview and to several measures of morally relevant behaviors. Results indicated that communal values (centered on concerns for others) positively predicted and agentic (self-interested) values negatively predicted moral behavior. At the same time, the tendency to coordinate both agentic and communal values within narrative thought segments positively predicted moral behavior, indicating that the 2 motives can be adaptively reconciled. Moral centrality holds considerable promise in explaining moral motivation and its development.

Kaip galima su sveiko proto morale suderinama moralės teorija

OpenAIRE

Vasilionytė, Ieva

2014-01-01

The dissertation explores the question of the possibility of a moral theory compatible with common sense morality. Common sense morality is limited to its two fundamental features, or suppositions: moral judgements are truth apt and practical, i.e. they are at the same time in some sense objectively right or wrong and necessarily action guiding. In contemporary philosophy, the two fundamental features of common sense morality seem to be incompatible: only descriptions can have truth values, b...

[The war at home: "war amenorrhea" in the First World War].

Science.gov (United States)

Stukenbrock, Karin

2008-01-01

In 1917, the Göttingen gynaecologist Dietrich published a short article about a phenomenon which he called "war amenorrhea" ("Kriegsamenorrhoe"). The article attracted the attention of his colleagues. While the affected women did not pay much attention to their amenorrhea, the physicians considered the phenomenon a new disease which was mainly caused by the war. This new disease gave the gynaecologists the opportunity to present their specialty as a discipline with high relevance for medicine in times of war. Nevertheless, there was no consensus about the importance, the incidence, the diagnostic criteria, the causes and the appropriate therapy of"war amenorrhea". Although the gynaecologists failed to define a uniform clinical syndrome, they maintained the construction of "war amenorrhea" after the war and subsumed it under well known types of amenorrhea. We can conclude that under the conditions of war a new disease emerged which was not sharply defined.

How moral disagreement may ground principled moral compromise

DEFF Research Database (Denmark)

Kappel, Klemens

2018-01-01

In an influential article, Simon C. May forcefully argued that, properly understood, there can never be principled reasons for moral compromise (May, 2005). While there may be pragmatic reasons for compromising that involve, for instance, concern for political expediency or for stability, there a......In an influential article, Simon C. May forcefully argued that, properly understood, there can never be principled reasons for moral compromise (May, 2005). While there may be pragmatic reasons for compromising that involve, for instance, concern for political expediency or for stability......, there are properly speaking no principled reasons to compromise. My aim in the article is to show how principled moral compromise in the context of moral disagreements over policy options is possible. I argue that when we disagree, principled reasons favoring compromises or compromising can assume a more significant...... part of what makes a position all things considered best, and in this way disagreement can ground moral compromise....

Mapping the Moral Domain

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Graham, Jesse; Nosek, Brian A.; Haidt, Jonathan; Iyer, Ravi; Koleva, Spassena; Ditto, Peter H.

2010-01-01

The moral domain is broader than the empathy and justice concerns assessed by existing measures of moral competence, and it is not just a subset of the values assessed by value inventories. To fill the need for reliable and theoretically-grounded measurement of the full range of moral concerns, we developed the Moral Foundations Questionnaire (MFQ) based on a theoretical model of five universally available (but variably developed) sets of moral intuitions: Harm/care, Fairness/reciprocity, Ingroup/loyalty, Authority/respect, and Purity/sanctity. We present evidence for the internal and external validity of the scale and the model, and in doing so present new findings about morality: 1. Comparative model fitting of confirmatory factor analyses provides empirical justification for a five-factor structure of moral concerns. 2. Convergent/discriminant validity evidence suggests that moral concerns predict personality features and social group attitudes not previously considered morally relevant. 3. We establish pragmatic validity of the measure in providing new knowledge and research opportunities concerning demographic and cultural differences in moral intuitions. These analyses provide evidence for the usefulness of Moral Foundations Theory in simultaneously increasing the scope and sharpening the resolution of psychological views of morality. PMID:21244182

Moral politics

DEFF Research Database (Denmark)

Rapp, Carolin; Traunmüller, Richard; Freitag, Markus

2014-01-01

This article combines the research strands of moral politics and political behavior by focusing on the effect of individual and contextual religiosity on individual vote decisions in popular initiatives and public referenda concerning morally charged issues. We rely on a total of 13 surveys with 1...... American research on moral politics, direct democracies, and the public role of religion....

Selective Moral Disengagement in the Exercise of Moral Agency.

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Bandura, Albert

2002-01-01

Addresses the issue of selective moral disengagement in the exercise of moral agency. Argues that moral functioning is governed by self-reactive selfhood rather than by dispassionate abstract reasoning. Concludes that the massive threats to human welfare stem mainly from deliberate acts of principle rather than from unrestrained acts of impulse.…

Moral Beliefs and Cognitive Homogeneity

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Nevia Dolcini

2018-04-01

Full Text Available The Emotional Perception Model of moral judgment intends to account for experientialism about morality and moral reasoning. In explaining how moral beliefs are formed and applied in practical reasoning, the model attempts to overcome the mismatch between reason and action/desire: morality isn’t about reason for actions, yet moral beliefs, if caused by desires, may play a motivational role in (moral agency. The account allows for two kinds of moral beliefs: genuine moral beliefs, which enjoy a relation to desire, and motivationally inert moral beliefs acquired in ways other than experience. Such etiology-based dichotomy of concepts, I will argue, leads to the undesirable view of cognition as a non-homogeneous phenomenon. Moreover, the distinction between moral beliefs and moral beliefs would entail a further dichotomy encompassing the domain of moral agency: one and the same action might possibly be either genuine moral, or not moral, if acted by individuals lacking the capacity for moral feelings, such as psychopaths.

The Everyday Moral Judge – Autobiographical Recollections of Moral Emotions

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Tscharaktschiew, Nadine; Schindler, Rose; Schulz, Katrin; Rudolph, Udo

2016-01-01

Moral emotions are typically elicited in everyday social interactions and regulate social behavior. Previous research in the field of attribution theory identified ought (the moral standard of a given situation or intended goal), goal-attainment (a goal can be attained vs. not attained) and effort (high vs. low effort expenditure) as cognitive antecedents of moral emotions. In contrast to earlier studies, mainly relying on thought experiments, we investigated autobiographical recollections of N = 312 participants by means of an online study. We analyzed a diverse range of moral emotions, i.e., admiration, anger, contempt, indignation, pride, respect, schadenfreude, and sympathy, by using a mixed-method approach. Qualitative and quantitative methods clearly corroborate the important role of ought, goal-attainment, and effort as eliciting conditions of moral emotions. Furthermore, we built categorical systems based on our participants’ descriptions of real-life situations, allowing for more fine-grained distinctions between seemingly similar moral emotions. We thus identify additional prerequisites explaining more subtle differences between moral emotion clusters as they emerge from our analyses (i.e., cluster 1: admiration, pride, and respect; cluster 2: anger, contempt, and indignation; cluster 3: schadenfreude and sympathy). Results are discussed in the light of attributional theories of moral emotions, and implications for future research are derived. PMID:27977699

China’s Air Defense Identification Zone: Concept, Issues at Stake and Regional Impact

Science.gov (United States)

2013-12-23

early Chinese legal culture ” Karen Turner “War, Punishment, and The Law of Nature in Early Chinese Concepts of The State”, Harvard Journal of Asiatic...lack of strategic direction, moral relativism , a failure to gauge the significance of what is at stake, and distraction with events in other regions of...WORKING PAPER 1 posted 23 December 2013 CHINA’S AIR DEFENSE IDENTIFICATION ZONE: CONCEPT , ISSUES AT STAKE AND REGIONAL IMPACT

Moral education through literature

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Pantić Nataša

2006-01-01

Full Text Available This paper examines a variety of perspectives on the role of literature in moral education. These proceed from general considerations to more specific issues that remain contested to the present day, such as distinction between individual and social morality. Others bring any literature under suspicion in the post-structuralist era, such as the cultural relativity of morality, distinctions between aesthetic and moral dimensions of literary works, and between moral awareness and behavior. The discussion is illustrated through considerations of the place of literature in English moral education from the Victorians to the present day. The discussion of dilemmas that policy makers and educators face today focuses on three dilemmas that often serve to question a possibility of justifying the morally educative power of literature: cultural relativism in literature and ideology (and its implications for the canon, the distinction between an aesthetic and moral power of literature, and finally, the doubts about the transferability of moral awareness acquired through literature to actual moral conduct. .

From morality to madness: a reappraisal of the asylum movement in psychiatry 1800-1940.

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Kosky, R

1986-06-01

This essay outlines the history of the asylum movement in psychiatry, but from a somewhat different angle than usual. It attempts to delineate the historical interactions between perceptions of morality and of madness. Changes in these interactions relate to the rise of the asylum movement, around 1800, and its demise, just after World War II. I argue that, whilst insanity was defined against the rational, secular morality of the eighteenth century, it could be separated from immorality and put aside into its asylum. Once mechanistic science and medical scientism began, during the nineteenth century, to include immorality in the systems of disease, the distinction could not hold. The asylums became flooded with the immoral, and management became custodial and nihilistic. This nexus was broken when the asylums were defined, by a few revolutionary superintendents, as instruments of social control. Nevertheless, intellectual paradigms derived from asylum psychiatry persist.

The legal duty of local government to facilitate development

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Theo Scheepers

1999-03-01

Full Text Available Local government in South Africa is not only facing challenges normally associated with a process of development or transformation, but needs to adjust its focus according to the new development paradigm unfolding in South Africa. Developmental local government has to accomplish this task according to the mandate issued in the Constitution and within a specific legal-institutional and value framework The legal-institutional framework is based on a set of development law principles contained in new generation legislation. The value framework consists of community values as well as constitutional values reflecting individual and community values, norms and principles. This framework imposes a legal and moral duty as well as corresponding obligations on municipalities to plan and implement future socio-economic development of the areas for which they are responsible according to a new set of development principles and values. These principles make it incumbent upon municipalities to manage development through a people-centred and community-driven process. This article briefly deals with the nature and content of the duties and responsibilities of municipalities emanating from a new development paradigm when facilitating the development process within their areas of jurisdiction.

Moral Development in Adolescence

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Hart, Daniel; Carlo, Gustavo

2005-01-01

Themes in the papers in this special issue of the "JRA" on moral development are identified. We discuss the intersection of moral development research with policy concerns, the distinctive qualities of moral life in adolescence that warrant investigation, the multiple connotations of "moral", the methods typical of moral development research, and…

Excess in Self-Defense and its Consequences to the Assesment of the Victim's Legal Crime Precipitation

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Diego José Dias Mendes

2016-10-01

Full Text Available This article explores the ongoing debate concerning excessive self-defense and its possible consequences to the assessment of victim legal precipitation of crimes. While part one introduces excess in its most accepted structure, part two describes theories that pursue the best reasons why the excess may, in certain cases, not be punished, focusing the ones who claim that those reasons relate to agressor’s self-responsibility, then applying their arguments to the evaluation of legal crime precipitation. It concludes that these theories can only hold by discriminating moral value of guilty and innocent victims, which is unacceptable.

The Politics of Violence, The Abuse of Evil and The Critique of the War

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Anisa Azaovagh de la Rosa

2017-11-01

Full Text Available This article aims to provide a critic vision of the "ethic of violence" through authors like E. Bocardo, M. Castells, P. Singer, R. Bernstein and J. Butler. The ethic of violence was intended to justify the American wars against terror, instead of trying to solve the problem through dialogue or diplomacy. In their way, each of these authors criticize the ethics that were used to justify the American war, referring to their economical motivations and their media performance. An indication of the ethic is the one that President Bush showed at that time in his declarations of moral content —as his notorious phrase "the axis of evil"— in order to place himself in the side of good and them -his enemies- in the side of evil.

The Unifying Moral Dyad: Liberals and Conservatives Share the Same Harm-Based Moral Template.

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Schein, Chelsea; Gray, Kurt

2015-08-01

Do moral disagreements regarding specific issues (e.g., patriotism, chastity) reflect deep cognitive differences (i.e., distinct cognitive mechanisms) between liberals and conservatives? Dyadic morality suggests that the answer is "no." Despite moral diversity, we reveal that moral cognition--in both liberals and conservatives--is rooted in a harm-based template. A dyadic template suggests that harm should be central within moral cognition, an idea tested--and confirmed--through six specific hypotheses. Studies suggest that moral judgment occurs via dyadic comparison, in which counter-normative acts are compared with a prototype of harm. Dyadic comparison explains why harm is the most accessible and important of moral content, why harm organizes--and overlaps with--diverse moral content, and why harm best translates across moral content. Dyadic morality suggests that various moral content (e.g., loyalty, purity) are varieties of perceived harm and that past research has substantially exaggerated moral differences between liberals and conservatives. © 2015 by the Society for Personality and Social Psychology, Inc.

Physicians for the prevention of nuclear war. A portrayal of the Nobel prize winner. Betrifft: Aerzte gegen den Atomkrieg. Ein Portraet des Friedensnobelpreistraegers

Energy Technology Data Exchange (ETDEWEB)

Jogschies, R.

1986-01-01

The publication abstracted reports on the history and aims of IPPNW (International Physicians for the Prevention of Nuclear War). In recognition of their continuous and consistent international campaign of enlightenment its 140,000 members were awarded the peace Nobel prize in 1985. Emphasis is placed on the achievements and work of the Western Germany section of ''Physicians for the Prevention of Nuclear War''. The portrait is the first of its kind to comprehensibly acquaint even non-experts with the background, history and difficulties of the medical resistance to the dangers of nuclear war. Neither stopping at national or at political borders the medical hippocratic mission of fighting against a nuclear holocaust has brought about and developed a professional disinterestedness which is not equalled by any other kind of social and moral devotion. The publication analyses the worldwide threatening situation, the forgotten lesson taught by the past and the chances of medical protest. The result pointed out expresses an optimistic view. Chances are good if IPPNW does not only supply us with facts but also sets an example of modern morality. Interesting rudimentary attempts of initation can already be observed with other professions, for example among journalists.

Explaining Moral Behavior.

Science.gov (United States)

Osman, Magda; Wiegmann, Alex

2017-03-01

In this review we make a simple theoretical argument which is that for theory development, computational modeling, and general frameworks for understanding moral psychology researchers should build on domain-general principles from reasoning, judgment, and decision-making research. Our approach is radical with respect to typical models that exist in moral psychology that tend to propose complex innate moral grammars and even evolutionarily guided moral principles. In support of our argument we show that by using a simple value-based decision model we can capture a range of core moral behaviors. Crucially, the argument we propose is that moral situations per se do not require anything specialized or different from other situations in which we have to make decisions, inferences, and judgments in order to figure out how to act.

Integrity and moral residue: nurses as participants in a moral community.

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Hardingham, Lorraine B

2004-07-01

This paper will examine the concepts of integrity and moral residue as they relate to nursing practice in the current health care environment. I will begin with my definition and conception of ethical practice, and, based on that, will go on to argue for the importance of recognizing that nurses often find themselves in the position of compromising their moral integrity in order to maintain their self-survival in the hospital or health care environment. I will argue that moral integrity is necessary to a moral life, and is relational in nature. When integrity is threatened, the result is moral distress, moral residue, and in some cases, abandonment of the profession. The solution will require more than teaching bioethics to nursing students and nurses. It will require changes in the health care environment, organizational culture and the education of nurses, with an emphasis on building a moral community as an environment in which to practise ethically.

International Law Studies. The War in Iraq: A Legal Analysis. Violume 86

Science.gov (United States)

2010-01-01

ment in the Security Council debates concerning Iraq on a "strict constructionist " approach to thejus ad bellum. That is, the strict limits on the use...discrimination solely on the ground of race, colour, sex, language, religion or social origin. 73. DlNSTEIN, supra note 41, at 72. 74. Thomas Buergenthal, To...Bacteriological Methods ofWarfare, June 17, 1925, 26 U.S.T. 571, T.I.A.S. 8061, reprinted in DOCUMENTS ON THE LAWS OF WAR, supra, at 158 (Iraq made statements

Pecuniary and Non-Pecuniary Incentives to Increase the Rate of Organ Donations from the Living: A Moral Exploration

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Michael Y. Barilan

2011-04-01

Full Text Available This paper examines the morality of schemes of payment to live donors/sellers of organs for transplantation. Following empirical and historical evidence, it is argued that consent to sell organs is substantially different from consent to ordinary business transactions and that legalization of exchanges of organs with financial benefits deviates significantly from the scope of liberal toleration and liberal conceptions of human rights. Although altruistic giving is commendable, it is immoral for society to benefit from them without conferring to the donors benefits such as health and nursing insurance for life. Non-alienable and non-fungible benefits of this kind are moral as incentives to organ donation/giving.

Markets and Morals: An Experimental Survey Study

Science.gov (United States)

Elias, Julio J.; Lacetera, Nicola; Macis, Mario

2015-01-01

Most societies prohibit some market transactions based on moral concerns, even when the exchanges would benefit the parties involved and would not create negative externalities. A prominent example is given by payments for human organs for transplantation, banned virtually everywhere despite long waiting lists and many deaths of patients who cannot find a donor. Recent research, however, has shown that individuals significantly increase their stated support for a regulated market for human organs when provided with information about the organ shortage and the potential beneficial effects a price mechanism. In this study we focused on payments for human organs and on another “repugnant” transaction, indoor prostitution, to address two questions: (A) Does providing general information on the welfare properties of prices and markets modify attitudes toward repugnant trades? (B) Does additional knowledge on the benefits of a price mechanism in a specific context affect attitudes toward price-based transactions in another context? By answering these questions, we can assess whether eliciting a market-oriented approach may lead to a relaxation of moral opposition to markets, and whether there is a cross-effect of information, in particular for morally controversial activities that, although different, share a reference to the “commercialization” of the human body. Relying on an online survey experiment with 5,324 U.S. residents, we found no effect of general information about market efficiency, consistent with morally controversial markets being accepted only when they are seen as a solution to a specific problem. We also found some cross-effects of information about a transaction on the acceptance of the other; however, the responses were mediated by the gender and (to a lesser extent) religiosity of the respondent—in particular, women exposed to information about legalizing prostitution reduced their stated support for regulated organ payments. We relate

The ethical health lawyer: an empirical assessment of moral decision making.

Science.gov (United States)

Perry, Joshua E; Moore, Ilene N; Barry, Bruce; Clayton, Ellen Wright; Carrico, Amanda R

2009-01-01

Writing in 1999, legal ethics scholar Brad Wendel noted that "[v]ery little empirical work has been done on the moral decision making of lawyers." Indeed, since the mid-1990s, few empirical studies have attempted to explore how attorneys deliberate about ethical dilemmas they encounter in their practice. Moreover, while past research has explored some of the ethical issues confronting lawyers practicing in certain specific areas of practice, no published data exists probing the moral mind of health care lawyers. As signaled by the creation of a regular column "devoted to ethical issues arising in the practice of health law" in the Journal of Law, Medicine & Ethics, the time to address the empirical gap in the professional ethics literature is now. Accordingly, this article presents data collected from 120 health care lawyers. Presenting this population with a number of hypothetical scenarios relating to how they would respond when confronting an ethical dilemma without an obvious solution or when facing a situation in which their personal values were in tension with their professional obligations, this article represents a first step toward better understanding how lawyers who practice in health care settings understand and resolve the moral discomfort they encounter in their professional lives.

Moral foundations vignettes: a standardized stimulus database of scenarios based on moral foundations theory.

Science.gov (United States)

Clifford, Scott; Iyengar, Vijeth; Cabeza, Roberto; Sinnott-Armstrong, Walter

2015-12-01

Research on the emotional, cognitive, and social determinants of moral judgment has surged in recent years. The development of moral foundations theory (MFT) has played an important role, demonstrating the breadth of morality. Moral psychology has responded by investigating how different domains of moral judgment are shaped by a variety of psychological factors. Yet, the discipline lacks a validated set of moral violations that span the moral domain, creating a barrier to investigating influences on judgment and how their neural bases might vary across the moral domain. In this paper, we aim to fill this gap by developing and validating a large set of moral foundations vignettes (MFVs). Each vignette depicts a behavior violating a particular moral foundation and not others. The vignettes are controlled on many dimensions including syntactic structure and complexity making them suitable for neuroimaging research. We demonstrate the validity of our vignettes by examining respondents' classifications of moral violations, conducting exploratory and confirmatory factor analysis, and demonstrating the correspondence between the extracted factors and existing measures of the moral foundations. We expect that the MFVs will be beneficial for a wide variety of behavioral and neuroimaging investigations of moral cognition.

Moral foundations vignettes: a standardized stimulus database of scenarios based on moral foundations theory

Science.gov (United States)

Iyengar, Vijeth; Cabeza, Roberto; Sinnott-Armstrong, Walter

2016-01-01

Research on the emotional, cognitive, and social determinants of moral judgment has surged in recent years. The development of moral foundations theory (MFT) has played an important role, demonstrating the breadth of morality. Moral psychology has responded by investigating how different domains of moral judgment are shaped by a variety of psychological factors. Yet, the discipline lacks a validated set of moral violations that span the moral domain, creating a barrier to investigating influences on judgment and how their neural bases might vary across the moral domain. In this paper, we aim to fill this gap by developing and validating a large set of moral foundations vignettes (MFVs). Each vignette depicts a behavior violating a particular moral foundation and not others. The vignettes are controlled on many dimensions including syntactic structure and complexity making them suitable for neuroimaging research. We demonstrate the validity of our vignettes by examining respondents’ classifications of moral violations, conducting exploratory and confirmatory factor analysis, and demonstrating the correspondence between the extracted factors and existing measures of the moral foundations. We expect that the MFVs will be beneficial for a wide variety of behavioral and neuroimaging investigations of moral cognition. PMID:25582811

Moral Appearances: Emotions, Robots, and Human Morality.

NARCIS (Netherlands)

Coeckelbergh, Mark

2010-01-01

Can we build ‘moral robots’? If morality depends on emotions, the answer seems negative. Current robots do not meet standard necessary conditions for having emotions: they lack consciousness, mental states, and feelings. Moreover, it is not even clear how we might ever establish whether robots

LEGAL AID IN INDIA: RETUNING PHILOSOPHICAL CHORDS

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S. Chandra

2015-01-01

Full Text Available Legal aid in India has evolved over the last few decades since 42nd Amendment to the Indian Constitution. This paper attempts to provide philosophical underpinnings suggesting how legal aid model has evolved over the years and excogitate a newer trajectory for its future evolution. It delves into weighing Kant’s imperfect duty justifying a charity based regime and marks a transition to utilitarian model suggesting requirement of institutional need to address issues of basic liberty of ‘access to justice.’ It also spells out Rawls’ principles of justice and attempts to explore their applicability in the Indian context, to chart out a road map for future. While contrasting different models on legal aids, it makes a finding that, India doesn’t accord priority to liberty of access to justice. The Indian Supreme Court has emerged as a bastion of liberty but the finer details of the enactment has been messed up by the Indian lawmakers. The lower compensation to lawyers and lack of alternative incentives in attracting established litigators, testifies this. There is a convergence in Kantian duty of benevolence and Rawls’ liberty principle but in the world of moral relativism, a fair compensation must precede before imposing any obligation on lawyers to take up pro bono matters, as doing so, is likely to compromise their ‘true needs.’

From moral agents to moral factors: the structural ethics approach

NARCIS (Netherlands)

Brey, Philip A.E.; Kroes, P.; Verbeek, P.P.C.C.

2014-01-01

It has become a popular position in the philosophy of technology to claim that some or all technological artifacts can qualify as moral agents. This position has been developed to account for the moral role of technological artifacts in society and to help clarify the moral responsibility of

Moral foundations, worldviews, moral absolutism and belief in conspiracy theories.

Science.gov (United States)

Leone, Luigi; Giacomantonio, Mauro; Lauriola, Marco

2017-09-05

In the present research, we examined whether individual differences in basic moral concerns might be related to a greater endorsement of conspiracy theories. Building on the notion that conspiracy theories often deal with super-individual relevant events in which a group perspective is central, we proposed that individual differences in moral concerns pertaining to group- and community-concerns (i.e., binding moral foundations) rather than to individual well-being (i.e., individualising moral foundations) would be positively associated with conspiracy beliefs. We further hypothesised that such relations would be totally mediated by beliefs in a dangerous world and by embracing moral absolutism. We found support for these predictions in two community samples (Ns: 319; 514). Theoretical implications were discussed. © 2017 International Union of Psychological Science.

Moral Complexity: The Fatal Attraction of Truthiness and the Importance of Mature Moral Functioning.

Science.gov (United States)

Narvaez, Darcia

2010-03-01

Recently, intuitionist theories have been effective in capturing the academic discourse about morality. Intuitionist theories, like rationalist theories, offer important but only partial understanding of moral functioning. Both can be fallacious and succumb to truthiness: the attachment to one's opinions because they "feel right," potentially leading to harmful action or inaction. Both intuition and reasoning are involved in deliberation and expertise. Both are malleable from environmental and educational influence, making questions of normativity-which intuitions and reasoning skills to foster-of utmost importance. Good intuition and reasoning inform mature moral functioning, which needs to include capacities that promote sustainable human well-being. Individual capacities for habituated empathic concern and moral metacognition-moral locus of control, moral self-regulation, and moral self-reflection-comprise mature moral functioning, which also requires collective capacities for moral dialogue and moral institutions. These capacities underlie moral innovation and are necessary for solving the complex challenges humanity faces. © The Author(s) 2010.

Religion, morality, evolution.

Science.gov (United States)

Bloom, Paul

2012-01-01

How did religion evolve? What effect does religion have on our moral beliefs and moral actions? These questions are related, as some scholars propose that religion has evolved to enhance altruistic behavior toward members of one's group. I review here data from survey studies (both within and across countries), priming experiments, and correlational studies of the effects of religion on racial prejudice. I conclude that religion has powerfully good moral effects and powerfully bad moral effects, but these are due to aspects of religion that are shared by other human practices. There is surprisingly little evidence for a moral effect of specifically religious beliefs.

"Moral Ecology" and "Moral Capital": Tools towards a Sociology of Moral Education from a South African Ethnography

Science.gov (United States)

Swartz, Sharlene

2010-01-01

Research and pedagogy in the field of morality and moral education has long been dominated by philosophical and psychological disciplines. Although sociological studies and theorising in the field have not been absent, it has been limited and non-systematic. Drawing on a study that investigated the lived morality of a group of young South Africans…

Reactions to morally motivated deviance

NARCIS (Netherlands)

Cramwinckel, F.M.; Van den Bos, K.; Van Dijk, E.

2015-01-01

People value morality in themselves and others. They want to be moral and good individuals, associate themselves with others who share their moral values, and belong to moral groups. As an ironic consequence of the importance of morality, people sometimes respond negatively to morally motivated

Islamic Banking and Financial Regulation in Malaysia: Between State Sharia, the Courts and the Islamic Moral Economy

OpenAIRE

Wilson, Emma

2018-01-01

This article examines Malaysia’s emergence as a global centre of Islamic finance through a pragmatic centralised regulatory framework that promotes legal certainty and consonance with the conventional financial system rather than the development of a distinctly Islamic moral economy. It also highlights the judiciary’s challenge to Central Bank regulatory dominance through civil sharia compliance cases based on Anglo-Muslim law.

Between Law and the Exception: The UN 1267 Ombudsperson as a Hybrid Model of Legal Expertise

NARCIS (Netherlands)

Sullivan, G.; de Goede, M.

2013-01-01

Security measures taken in the name of the ‘war on terror’ have frequently been understood to operate through a domain of exception, defined as an extra-legal space of intervention where normal rules of juridical protection and due process are suspended. Yet whilst most analyses of the exception are

Neural correlates of moral and non-moral emotion in female psychopathy

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Carla L Harenski

2014-09-01

Full Text Available This study presents the first neuroimaging investigation of female psychopathy in an incarcerated population. Prior studies have found that male psychopathy is associated with reduced limbic and paralimbic activation when processing emotional stimuli and making moral judgments. The goal of this study was to investigate whether these findings extend to female psychopathy. During fMRI scanning, 157 incarcerated and 46 non-incarcerated female participants viewed unpleasant pictures, half which depicted moral transgressions, and neutral pictures. Participants rated each picture on moral transgression severity. Psychopathy was assessed using the Psychopathy Checklist-Revised (PCL-R in all incarcerated participants. Non-incarcerated participants were included as a control group to derive brain regions of interest associated with viewing unpleasant versus neutral pictures (emotion contrast, and unpleasant pictures depicting moral transgressions versus unpleasant pictures without moral transgressions (moral contrast. Regression analyses in the incarcerated group examined the association between PCL-R scores and brain activation in the emotion and moral contrasts. Results of the emotion contrast revealed a negative correlation between PCL-R scores and activation in the right amygdala and rostral anterior cingulate. Results of the moral contrast revealed a negative correlation between PCL-R scores and activation in the right temporo-parietal junction. These results indicate that female psychopathy, like male psychopathy, is characterized by reduced limbic activation during emotion processing. In contrast, reduced temporo-parietal activation to moral transgressions has been less observed in male psychopathy. These results extend prior findings in male psychopathy to female psychopathy, and reveal aberrant neural responses to morally-salient stimuli that may be unique to female psychopathy.

Values and ethical principles for practicing as magistrate/ legal advisor out of the perspective of the codes and national and international statements of principles

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Marţian Iovan

2016-10-01

Full Text Available The coordinating and regulating role of the moral values, of the Deontological Code in practicing the magistrate/ legal advisor position is analysed in this article, so that their decisions correspond the universal imperative of practical accomplishment of justice, implicitly to the audience’s expectations with regard to the efficiency and efficacy of the services delivered by the institutions in the judicial system. The subject is of obvious actuality, fact which results in the existence of a relevant number of cases of violation, deforming of the ethical principles, of the specific deontological norms for the legal advisors, especially for the magistrates, which occur in performing the act of justice. The author highlights through examples, the harmful effects of some magistrates’ side-slipping from the ethical principles (Independence, Impartiality, Integrity stipulated in the most important deontological codes, statements of principles or national and international conventions. The logical conclusion, resulting from the analyses, aims to perfection the judicial system, the moral part of the legal higher education, of the magistrates’ continuous training and assessment.

Morale and Productivity

Science.gov (United States)

2015-06-01

account for valuation of highly technical skill sets and variation among job descriptions. 9 Once morale can be effectively measured and linked to...morale progression through phases (arrival, engagement, acceptance, and reentry), which have corresponding peaks and valleys for morale and, by

It's not all about moral reasoning: Understanding the content of Moral Case Deliberation.

Science.gov (United States)

Svantesson, Mia; Silén, Marit; James, Inger

2018-03-01

Moral Case Deliberation is one form of clinical ethics support described as a facilitator-led collective moral reasoning by healthcare professionals on a concrete moral question connected to their practice. Evaluation research is needed, but, as human interaction is difficult to standardise, there is a need to capture the content beyond moral reasoning. This allows for a better understanding of Moral Case Deliberation, which may contribute to further development of valid outcome criteria and stimulate the normative discussion of what Moral Case Deliberation should contain. To explore and compare the content beyond moral reasoning in the dialogue in Moral Case Deliberation at Swedish workplaces. A mixed-methods approach was applied for analysing audio-recordings of 70 periodic Moral Case Deliberation meetings at 10 Swedish workplaces. Moral Case Deliberation facilitators and various healthcare professions participated, with registered nurses comprising the majority. Ethical considerations: No objection to the study was made by an Ethical Review Board. After oral and written information was provided, consent to be recorded was assumed by virtue of participation. Other than 'moral reasoning' (median (md): 45% of the spoken time), the Moral Case Deliberations consisted of 'reflections on the psychosocial work environment' to a varying extent (md: 29%). Additional content comprised 'assumptions about the patient's psychosocial situation' (md: 6%), 'facts about the patient's situation' (md: 5%), 'concrete problem-solving' (md: 6%) and 'process' (md: 3%). The findings suggest that a restorative function of staff's wellbeing in Moral Case Deliberation is needed, as this might contribute to good patient care. This supports outcome criteria of improved emotional support, which may include relief of moral distress. However, facilitators need a strategy for how to proceed from the participants' own emotional needs and to develop the use of their emotional knowing to focus on

Morality in everyday life

NARCIS (Netherlands)

Hofmann, W.; Wisneski, D.C.; Brandt, M.J.; Skitka, L.J.

2014-01-01

The science of morality has drawn heavily on well-controlled but artificial laboratory settings. To study everyday morality, we repeatedly assessed moral or immoral acts and experiences in a large (N = 1252) sample using ecological momentary assessment. Moral experiences were surprisingly frequent

Terminating America's wars : the Gulf War and Kosovo

OpenAIRE

Musser, William G.

2002-01-01

Approved for public release; distribution is unlimited This thesis asks two questions: 1) What factors have contributed to the termination of recent United States wars? and 2) How can elements of national power be applied successfully to terminate the future wars of the United States? To answer these questions, this thesis offers a model of war termination and applies it to cases of war termination, in the Gulf War and in Kosovo. These case studies indicate that termination of future wars ...

Legal Deposit in Denmark - the New Law and Electronic Products

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Henrik Dupont

1999-04-01

Full Text Available In 1997 Denmark celebrated the tricententenary of its legal deposit legislation and at the same time created a new law that surpassed the former 1927 text, which was out of date due to technological and political developments. In the first law on legal deposit, maps were not mentioned explicitly and we have no known examples of maps delivered before a revision of the law in 1781, which explicitly stated that maps and prints had to be deposited. It was only after 1850 that it became possible to follow what was deposited exactly. The number of maps deposited before was limited, not even including the first national survey maps. Maps were only produced in a limited number and the annual deposit did not exceed 600. We assume that all in all some 40,000 maps have been delivered to the collections by legal deposit. Each year since the Second World War the maps have been listed in the annual „Dansk Kortfortegnelse” and since 1980 all new maps have been catalogued in the REX database of the Royal Library.

What Develops in Moral Development? A Model of Moral Sensibility

Science.gov (United States)

Sherblom, Stephen A.

2012-01-01

The field of moral psychology would benefit from an integrative model of what develops in moral development, contextualized within the larger scope of social science research. Moral sensibility is proposed as the best concept to embody stated aims, but the content of this concept must be more finely articulated and conceptualized as a dynamic…

[Georg Friedrich Nicolai: war physician against war].

Science.gov (United States)

van Bergen, L

2017-01-01

Georg Friedrich Nicolai was a German professor and heart specialist who was one of the few who protested against the war at the beginning of World War I. As a result, he lost his job and was convicted. After the war, right-wing nationalist students and lack of support from his university superiors made it impossible for him to teach. He left Germany in 1922, never to return. In his book, Die Biologie des Krieges (The Biology of War), which was published in neutral Switzerland in 1917, he contradicted the social Darwinist idea - supported by many physicians as well - that war strengthened humanity, people and races, physically and mentally. On the contrary, he argued, war is biologically counterproductive.

For or against gender equality? Evaluating the post-cold war 'Rule of Law' reforms in Sub-Saharan Africa

OpenAIRE

Nyamu-Musembi, Celestine

2005-01-01

The central question explored in this paper is: has the post-Cold-War rule of law (ROL) reform agenda in sub-Saharan Africa enhanced or impeded gender equality? Rule of law (ROL) reforms are seen as indispensable to establishing a market economy and democratic rule, the two prongs of the neo-liberal project. In sub-Saharan Africa, legal and institutional reforms that originated with the 'second wave' of political reform in the immediate post-Cold-War era have been justified in terms of these ...

Religion and morality.

Science.gov (United States)

McKay, Ryan; Whitehouse, Harvey

2015-03-01

The relationship between religion and morality has long been hotly debated. Does religion make us more moral? Is it necessary for morality? Do moral inclinations emerge independently of religious intuitions? These debates, which nowadays rumble on in scientific journals as well as in public life, have frequently been marred by a series of conceptual confusions and limitations. Many scientific investigations have failed to decompose "religion" and "morality" into theoretically grounded elements; have adopted parochial conceptions of key concepts-in particular, sanitized conceptions of "prosocial" behavior; and have neglected to consider the complex interplay between cognition and culture. We argue that to make progress, the categories "religion" and "morality" must be fractionated into a set of biologically and psychologically cogent traits, revealing the cognitive foundations that shape and constrain relevant cultural variants. We adopt this fractionating strategy, setting out an encompassing evolutionary framework within which to situate and evaluate relevant evidence. Our goals are twofold: to produce a detailed picture of the current state of the field, and to provide a road map for future research on the relationship between religion and morality. PsycINFO Database Record (c) 2015 APA, all rights reserved.

Morality and Ecological Moral: contributions to the teaching practice

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Ligiane Raimundo Gomes

2010-05-01

Full Text Available This research searched to investigate if the acquisition of the notion of respect to the environment, that we call “ecological moral”, is constructed during the childish development, solidarily to the construction of the morality, presupposing that the notion of respect on the ecological field is the same that found the conquest of the moral autonomy. For this investigation, it had been taken a sample of 15 participants, five by age group – form 6 to 8 years old, 10 to 11 years old and 13 to 15 years old. Through the piagetian clinical method, it was told to the children and adolescents two groups of stories: three stories were taken from Piaget’s studies about morality, focusing the conscience of rules and the notions of lie and justice, and four another hypothetical stories were created specifically to study the respect to the environment, focusing, respectively, the selective collection, the extinction of the birds, the pollution of a river and the cutting of tree. The statements of the participants were analysed according to the theoretical reference of Piaget concerning to the morality, also helped by some studious that have been amplifying the application field of Piaget’s theory. The data analysis allowed us to set up three levels for the development of the notion of respect to the environment, proving that the ecological moral has a psychogenetic dimension and there is a relation between the development of the morality and the acquisition of the ecological moral.

Moral Education in Taiwan.

Science.gov (United States)

Meyer, Jeffrey F.

1988-01-01

Reports the attitudes of 80 Taiwanese teachers of morality about moral education in the face of drastic social change and modernization. Discusses the content and nature of traditional Chinese morality, the effects of contemporary culture on children's moral development, and teaching methods. Contains 18 references. (SV)

Legitimacy versus morality: Why do the Chinese obey the law?

Science.gov (United States)

Gao, Jingkang; Zhao, Jinhua

2018-04-01

This study explored two aspects of the rule of law in China: (1) motivations for compliance with 4 groups of everyday laws and regulations and (2) determinants of the legitimacy of legal authorities. We applied a structural equations model, constructed from Tyler's conceptual process-based self-regulation model with morality added as a motivation, to online questionnaire responses from 1,000 Shanghai drivers. We explored the compliance with four particular groups of laws: public disturbance; conventional traffic laws; illegal downloading; and distracted driving. The results were threefold. First, for all four groups of laws, the perceived morality influenced compliance consistently and more strongly than the perceived legitimacy of the authorities and all other motivations. The influence of perceived legitimacy of authorities was inconsistent across the four groups of laws tested. Second, the influence of perceived severity of punishment was consistent and significant across all four groups of laws, whereas perceived risk of apprehension had no significant impact on compliance. Third, evaluations of procedural fairness, not those concerning the equitable distribution of law enforcement services and effectiveness of law enforcement, were most strongly linked to legitimacy. In addition to showing that China is a law-abiding society governed by morality, these results underscore the importance of examining morality and magnitude of punishment as potential motivations for compliance in addition to legitimacy and certainty of punishment. They also illustrate the necessity to examine different groups of laws separately when studying compliance. Finally, these results challenge the linkage between legitimacy and compliance previously established in the literature. (PsycINFO Database Record (c) 2018 APA, all rights reserved).

Moral distress and its interconnection with moral sensitivity and moral resilience: viewed from the philosophy of Viktor E. Frankl.

Science.gov (United States)

Lützén, Kim; Ewalds-Kvist, Béatrice

2013-10-01

The interconnection between moral distress, moral sensitivity, and moral resilience was explored by constructing two hypothetical scenarios based on a recent Swedish newspaper report. In the first scenario, a 77-year-old man, rational and awake, was coded as "do not resuscitate" (DNR) against his daughter's wishes. The patient died in the presence of nurses who were not permitted to resuscitate him. The second scenario concerned a 41-year-old man, who had been in a coma for three weeks. He was also coded as "do not resuscitate" and, when he stopped breathing, was resuscitated by his father. The nurses persuaded the physician on call to resume life support treatment and the patient recovered. These scenarios were analyzed using Viktor Frankl's existential philosophy, resulting in a conceivable theoretical connection between moral distress, moral sensitivity, and moral resilience. To substantiate our conclusion, we encourage further empirical research.

Adolescents' Self-Attributed Moral Emotions Following a Moral Transgression: Relations with Delinquency, Confidence in Moral Judgment and Age

Science.gov (United States)

Krettenauer, Tobias; Eichler, Dana

2006-01-01

The study investigates adolescents' self-attributed moral emotions following a moral transgression by expanding research with children on the happy-victimizer phenomenon. In a sample of 200 German adolescents from Grades 7, 9, 11, and 13 (M=16.18 years, SD=2.41), participants were confronted with various scenarios describing different moral rule…

Moral Behavior as Rule Governed Behavior: Person and System Effects on Moral Decision Making.

Science.gov (United States)

Kurtines, William M.; And Others

Recent approaches to research on moral development have considered the preeminence of situational factors in moral development and moral behavior. An open systems approach emphasizes the interactive effects of person and situation variables on moral decision-making. The interactive effects of three sets of variables on moral decision-making were…

Moral motivation within groups

NARCIS (Netherlands)

Lee, Romy van der

2013-01-01

Morality is of particular importance to people: People want to be considered moral and want to belong to moral groups. Consequently, morality judgments have the potential to motivate individuals to behave in ways that are considered to be ‘good’. In the current dissertation, I examined the impact of

Morality in Interactions: On the Display of Moral Behavior by Leaders and Employees

NARCIS (Netherlands)

S. van Gils (Suzanne)

2012-01-01

textabstractRecent research has tried to understand moral behavior in the workplace mainly from an intra-personal perspective, blaming ethical failures on the person’s moral character, moral development or moral identity, or on isolated aspects of the situation. In doing so, little attention has

Foundations for Moral Relativism

OpenAIRE

Velleman, J. David

2015-01-01

In this new edition of Foundations for Moral Relativism, a distinguished moral philosopher tames a bugbear of current debate about cultural difference. J. David Velleman shows that different communities can indeed be subject to incompatible moralities, because their local mores are rationally binding. At the same time, he explains why the mores of different communities, even when incompatible, are still variations on the same moral themes. The book thus maps out a universe of many moral world...

Popper's Third World: Moral Habits, Moral Habitat and Their Maintenance

Science.gov (United States)

Ozolins, Janis Talivaldis

2010-01-01

If we accept Popper's idea that the human habitat is described in terms of three worlds, and that there are overlaps between these three worlds, our moral actions and values will also be subject to the same kinds of consideration as a repertoire of behaviours exhibited in a physical environment. We will develop moral habits in a moral habitat and…

Individual Differences in Moral Development: Does Intelligence Really Affect Children?s Moral Reasoning and Moral Emotions?

OpenAIRE

Bei?ert, Hanna M.; Hasselhorn, Marcus

2016-01-01

This study investigates the relationship between intelligence and individual differences in children’s moral development across a range of different moral transgressions. Taking up prior research that showed morality and intelligence to be related in adolescents and adults, the current study wants to test if these findings can be extended to younger children. The study was designed to address some of the shortcomings in prior research by examining young children aged between 6 years; 4 months...

Problems of Legal Regulation of Currency Circulation in Eastern Russia during the First World War

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Petin D. I.

2014-01-01

Full Text Available The survey of the overall economic and financial situation in the Eastern Russia during the First World War is presented in the article. Special attention is paid by the author to the first experience of local emissions of money surrogates.

The legal, moral and ethical aspects and problems of perception of information

Directory of Open Access Journals (Sweden)

Алла Борисовна Денисова

2012-12-01

Full Text Available At the present time, when the profits from crimes by means of computer technologies, according to Interpol, in third place after the income of drugs traffickers and illegal arms suppliers, the company is aware that professionals in the field of information technology alone are not enough professional knowledge and skills. In order to prevent deviant behavior in cyberspace, and the correct address ethical issues that arise in their professional activities, legal and ethical regulation of social relations in the sphere of information technologies.

[Abortion in Colombia. Medical, legal and socioeconomic aspects].

Science.gov (United States)

Umaña, A O

1973-01-01

Abortion is a social problem and criminal sanctions are very ineffective in limiting it and are seldom applied (133 legal actions vs. 65,600 cases of induced abortion in 1965). Abortion is a social disease, as are prostitution, juvenile delinquency, drug abuse, and so far has been an insoluble problem. Colombian laws should be modified to reflect reality. Sex education must be emphasized, because ignorance is one of the main causes of abortion. Leniency should be applied toward women who cooperate with the authorities in identifying the person who performed an abortion. Legalization of abortion and enforcement of strict laws against it are considered as possible solutions, but both are rejected. The former is regarded as morally unacceptable and as imposing an excessive burden on scarce health services, the latter as even worse, imposing an equivalent burden on the court system, without s olving either health or social problems. The best and probably only solution is to improve education in family planning, to promote knowledge and motivation to enable the population to make sound and responsible decisions.

Media's Moral Messages: Assessing Perceptions of Moral Content in Television Programming

Science.gov (United States)

Glover, Rebecca J.; Garmon, Lance C.; Hull, Darrell M.

2011-01-01

This study extends the examination of moral content in the media by exploring moral messages in television programming and viewer characteristics predictive of the ability to perceive such messages. Generalisability analyses confirmed the reliability of the Media's Moral Messages (MMM) rating form for analysing programme content and the existence…

How Shorebilly Brewing Company Won the Trademark Battle, but Lost the War: A Cautionary Tale for Entrepreneurs

Science.gov (United States)

Koval, Michael R.

2018-01-01

This article demonstrates how the case at hand, Teal Bay Alliances, LLC v. Southbound One, Inc., can be used as the core of a business case to teach students not only the basics of trademark law, but also as a real-world cautionary tale whose moral boils down to this: lawyers and businesspeople approach legal disputes from very different…

The psychiatric report as moral tool: a case study in a French district court.

Science.gov (United States)

Fernandez, Fabrice; Lézé, Samuel

2014-09-01

Mental health evaluation within a legal setting is widely seen as a power to judge. The aim of this paper is to challenge this current thesis, which was popularised by Michel Foucault, who encapsulated the notion in a brief sentence: "The sordid business of punishing is thus converted into the fine profession of curing" (Foucault, 2003: 23). On the basis of an ethnography of a French district court (between September 2008 and May 2009, n = 60 trials) including interviews with judges (n = 10) and psychiatrists (n = 10), we study the everyday penal treatment of sexual offenders using psychiatric reports. Our findings show how (i.) the expectations of the judges select the psychiatrists' skills (based on the following criteria for their reports: accessibility of knowledge, singularization and individualization of content) and (ii.) reframe the psychiatric report as a moral tool. The clinical reasoning of forensic psychiatrists in their reports offer moral affordances due to their clinical caution regarding the risk of recidivism (therapeutic and criminological reversal, moral prevention). Both the judges' evaluation and the psychiatrists' clinical authority are shaped by a moral economy of dangerousness, which eclipses the idea of lack of criminal responsibility. In conclusion, we show that these unintended effects are necessarily of interest to most clinical practitioners engaged in work as expert witnesses. Copyright © 2014 Elsevier Ltd. All rights reserved.

Minors, Moral Psychology, and the Harm Reduction Debate: The Case of Tobacco and Nicotine.

Science.gov (United States)

Kozlowski, Lynn T

2017-12-01

Harm reduction debates are important in health policy. Although it has been established that morality affects policy, this article proposes that perspectives from moral psychology help to explain the challenges of developing evidence-based policy on prohibition-only versus tobacco/nicotine harm reduction for minors. Protecting youth from tobacco is critical, especially since tobacco/nicotine products are legal for adults, who usually begin using when young. Although cigarettes and other combustibles are the deadliest tobacco products, other products such as smokeless tobacco and electronic cigarettes, though unsafe, are upward of 90 percent less harmful than cigarettes. Disgust at contaminating the "purity" of youth, especially "good," low-risk youth, with any tobacco/nicotine products opposes harm reduction, as does contempt for violating so-called community values and disrespecting authority. Support for harm reduction arises from anger at failing to provide reduced harm to "bad," high-risk individuals and denying them the "liberty" to decide. Fast-thinking, moral-emotional intuitions are supported by rationalizations arising from slow-thinking processes. The recognition of such moral psychological influences and the efforts to minimize their impact may help lead to amelioration and compromise. This example from tobacco control, with divided concerns for low-risk and high-risk youth, can be applied to other harm reduction versus prohibition-only policies directed at minors. Copyright © 2017 by Duke University Press.

STAKEHOLDER THEORY DAN KARYA KESELAMATAN SCHINDLER

Directory of Open Access Journals (Sweden)

Edward Nicodemus Lontah

2015-04-01

Donaldson and Peterson studies have shown that stakeholder theory has a more solid foundation than the epistemology of shareholder theory to analyze the performance of business ethics and moral duty of a company. This article discussed the business activities of Oskar Schindler, an industrialist war-profiteer during World War II. Schindler's business which was originally run by the government under the Nazi regime, eventually opposed the mission of economic and legal liability imposed by the regime. Schindler's transformation of vision and business mission in this article demonstrate the characteristics and connection of layers in descriptive, instrumental and normative stakeholder theory in the concept of "normative, instrumental and descriptive stakeholder theory" according to Donaldson and Peterson.

Legal and medical aspects of the ethics committee’s work relating to abortion

Directory of Open Access Journals (Sweden)

Ponjavić Zoran

2011-01-01

Full Text Available This paper analyses the legal and medical aspects of the work of ethics committees on abortion. According to the legislation of the Republic of Serbia, these committees are competent to determine justifiable terms for abortion after the twentieth week of the fetus. It is well known that abortion is not only a medical but a legal, ethic, social and demographic problem as well. A liberal solution in view of abortion in the first trimester has been accepted in most European countries, as by the legislature of the Republic of Serbia. Since prenatal diagnosis cannot always determine the fetus state with certainty but at times may do so at a later stage, abortion is then required when the child is already capable of extrauterine life. The necessity for performing abortion in the third trimester is thus a result of good knowledge of techno-medicine but also from the limited information it provides. In such situations, the physician needs confirmation and justification of his standpoint with respect to abortion through a legal formulation which should contain "minimum moral". Society has found a way to protect and help him through moral and ethic forms of prevention without anybody’s emotions being affected. Ethics committees should thus help the physician in view of determining the terms for performing late abortion, since the rules of doctor’s ethics are not sufficient in this case. The article especially analyses the work of the Ethics Committee of the Clinical Center in Kragujevac in the period 2000-2010. It is stated that the largest number of cases referred to determined diseases or fetus anomalies while only a negligible number (11.29% to the illness of the mother. There were no requests for abortions due to legal reasons (pregnancies from criminal offences. A significant number (40.28% of requests submitted to the Ethics Committee related to pregnancies under the 24th week of pregnancy. Since a pregnancy of 24 weeks represents a boundary

The Epistemology of Moral Bioenhancement.

Science.gov (United States)

Crutchfield, Parker

2016-07-01

Moral bioenhancement is the potential practice of manipulating individuals' moral behaviors by biological means in order to help resolve pressing moral issues such as climate change and terrorism. This practice has obvious ethical implications, and these implications have been and continue to be discussed in the bioethics literature. What have not been discussed are the epistemological implications of moral bioenhancement. This article details some of these implications of engaging in moral bioenhancement. The argument begins by making the distinction between moral bioenhancement that manipulates the contents of mental states (e.g. beliefs) and that which manipulates other, non-representational states (e.g. motivations). Either way, I argue, the enhanced moral psychology will fail to conform to epistemic norms, and the only way to resolve this failure and allow the moral bioenhancement to be effective in addressing the targeted moral issues is to make the moral bioenhancement covert. © 2015 John Wiley & Sons Ltd.

Autonomy and Morality in DRM and Anti-Circumvention Law

Directory of Open Access Journals (Sweden)

Dan L. Burk

2008-07-01

Full Text Available Digital rights management technology, or DRM, provides self-enforcing technical exclusion from pre-determined uses of informational works. Such technical exclusion may supplement or even supplant intellectual property laws. The deployment of DRM has been subsidized by laws prohibiting both disabling of technical controls and assisting others to disable technical controls. To date the public debate over deployment of DRM, has been almost entirely dominated by utilitarian arguments regarding the social costs and benefits of this technology. In this paper, we examine the moral propriety of laws endorsing and encouraging the deployment of DRM. We argue that a deontological analysis, focusing on the autonomy of information users, deserves consideration. Because DRM shifts the determination of information use from users to producers, users are denied the choice whether to engage in use or misuse of the technically protected work. State sponsorship of DRM in effect treats information users as moral incompetents, incapable of deciding the proper use of information products. This analysis militates in favor of legal penalties that recognize and encourage the exercise of autonomous choice, even by punishment of blameworthy choices, rather than the encouragement of technology that limits the autonomous choices of information users.

"Idiots, infants, and the insane": mental illness and legal incompetence.

Science.gov (United States)

Szasz, T

2005-02-01

Prior to the second world war, most persons confined in insane asylums were regarded as legally incompetent and had guardians appointed for them. Today, most persons confined in mental hospitals (or treated involuntarily, committed to outpatient treatment) are, in law, competent; nevertheless, in fact, they are treated as if they were incompetent. Should the goal of mental health policy be providing better psychiatric services to more and more people, or the reduction and ultimate elimination of the number of persons in the population treated as mentally ill?

The Moral Self-Image Scale: Measuring and Understanding the Malleability of the Moral Self.

Science.gov (United States)

Jordan, Jennifer; Leliveld, Marijke C; Tenbrunsel, Ann E

2015-01-01

Recent ethical decision-making models suggest that individuals' own view of their morality is malleable rather than static, responding to their (im)moral actions and reflections about the world around them. Yet no construct currently exists to represent the malleable state of a person's moral self-image (MSI). In this investigation, we define this construct, as well as develop a scale to measure it. Across five studies, we show that feedback about the moral self alters an individual's MSI as measured by our scale. We also find that the MSI is related to, but distinct from, related constructs, including moral identity, self-esteem, and moral disengagement. In Study 1, we administered the MSI scale and several other relevant scales to demonstrate convergent and discriminant validity. In Study 2, we examine the relationship between the MSI and one's ought versus ideal self. In Studies 3 and 4, we find that one's MSI is affected in the predicted directions by manipulated feedback about the moral self, including feedback related to social comparisons of moral behavior (Study 3) and feedback relative to one's own moral ideal (Study 4). Lastly, Study 5 provides evidence that the recall of one's moral or immoral behavior alters people's MSI in the predicted directions. Taken together, these studies suggest that the MSI is malleable and responds to individuals' moral and immoral actions in the outside world. As such, the MSI is an important variable to consider in the study of moral and immoral behavior.

Moral Development in Business Education--Social Conditions Influencing Moral Judgement Competence

Science.gov (United States)

Bienengräber, Thomas

2014-01-01

Workplace relations like any social relation first and foremost have a moral dimension. Thus, if vocational education sees one of its major goals in helping apprentices to deal with moral issues, one of the core objectives in vocational education is the support of the apprentice's development of moral judgement competence. Since Lawrence Kohlberg…

How does morality work in the brain? A functional and structural perspective of moral behavior

Science.gov (United States)

Pascual, Leo; Rodrigues, Paulo; Gallardo-Pujol, David

2013-01-01

Neural underpinnings of morality are not yet well understood. Researchers in moral neuroscience have tried to find specific structures and processes that shed light on how morality works. Here, we review the main brain areas that have been associated with morality at both structural and functional levels and speculate about how it can be studied. Orbital and ventromedial prefrontal cortices are implicated in emotionally-driven moral decisions, while dorsolateral prefrontal cortex appears to moderate its response. These competing processes may be mediated by the anterior cingulate cortex. Parietal and temporal structures play important roles in the attribution of others' beliefs and intentions. The insular cortex is engaged during empathic processes. Other regions seem to play a more complementary role in morality. Morality is supported not by a single brain circuitry or structure, but by several circuits overlapping with other complex processes. The identification of the core features of morality and moral-related processes is needed. Neuroscience can provide meaningful insights in order to delineate the boundaries of morality in conjunction with moral psychology. PMID:24062650

Moral Cognition

NARCIS (Netherlands)

Schleim, Stephan; Clausen, Jens; Levy, Neil

2015-01-01

Research on moral cognition is a growing and heavily multidisciplinary field. This section contains chapters addressing foundational psychological, neuroscientific, and philosophical issues of research on moral decision-making. Further- more, beyond summarizing the state of the art of their

Sentimentalist Moral Education

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Slote, Michael

2010-01-01

Care ethics, and moral sentimentalism more generally, have not developed a picture of moral education that is comparable in scope or depth to the rationalist/Kantian/Rawlsian account of moral education that has been offered by Lawrence Kohlberg. But it is possible to do so if one borrows from the work of Martin Hoffman and makes systematic use of…

MENGONTROL MORAL HAZARD NASABAH MELALUI INSTRUMEN TA’ZIR DAN TA’WIDH

Directory of Open Access Journals (Sweden)

Firman Wahyudi

2017-11-01

Full Text Available Ta'zir and Ta'widh are the two preventive instruments that are born to anticipate moral hazard by the customer against the contract agreement made with the banking. Ta'zir represents a number of penalties stipulated at the start of the contract, definite and designated as a social fund. While Ta'widh in the form of compensation set by the bank, not specified at the beginning of the contract but calculated based on the instantaneous losses experienced by banks and these funds entered as a fee and income bank. Ta'zir provisions get legal legality based on fatwa number 17/DSN-MUI/IX/2000 while Ta'widh based on fatwa number 43/ DSN-MUI/VIII/2004. Both of these instruments aim to discipline customers in order to meet the promised achievements. However, when customers experience a state of overmatch (Force Majoer these two instruments can not be applied because it is contrary to the principle of Masyaqqat contained in Islamic law.

The Moral Dimensions of Infrastructure.

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Epting, Shane

2016-04-01

Moral issues in urban planning involving technology, residents, marginalized groups, ecosystems, and future generations are complex cases, requiring solutions that go beyond the limits of contemporary moral theory. Aside from typical planning problems, there is incongruence between moral theory and some of the subjects that require moral assessment, such as urban infrastructure. Despite this incongruence, there is not a need to develop another moral theory. Instead, a supplemental measure that is compatible with existing moral positions will suffice. My primary goal in this paper is to explain the need for this supplemental measure, describe what one looks like, and show how it works with existing moral systems. The secondary goal is to show that creating a supplemental measure that provides congruency between moral systems that are designed to assess human action and non-human subjects advances the study of moral theory.

War on!

OpenAIRE

Simon , Jonathan

2008-01-01

Abstract 'War on' is the leading form of anti-policy in the United States. Since the late 1950s we have seen wars on cancer, poverty, drugs and terror. Thus far, the most far-reaching of these, the war on crime, has transformed American democracy since the 1960s. The deformation of our population and institutions now requires not simply an end to that war and its extension (the 'War on Terror'), but the deployment of a new 'war on' to stimulate change in the governmentalities which...

A Legal and Ethical Analysis of the Effects of Triggering Conditions on Surrogate Decision-Making in End-of-Life Care in the US.

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Clint Parker, J; Goldberg, Daniel S

2016-03-01

The central claim of this paper is that American states' use of so-called "triggering conditions" to regulate surrogate decision-making authority in end-of-life care leaves unresolved a number of important ethical and legal considerations regarding the scope of that authority. The paper frames the issue with a case set in a jurisdiction in which surrogate authority to withdraw life-sustaining treatment is triggered by two specific clinical conditions. The case presents a quandary insofar as the clinical facts do not satisfy the triggering conditions, and yet both the appropriate surrogates and the care team agree that withdrawal of life-sustaining treatment is in the best interest of the patient. The paper surveys applicable law across the 50 states and weighs the arguments for and against the inclusion of such triggering conditions in relevant legal regimes. The paper concludes by assessing the various legal and policy options states have for regulating surrogate decision-making authority in light of the moral considerations (including epistemic difficulties), and notes the possibility for conflict within ethics teams arising from the potential tension between prudence, risk-aversion, and moral obligation.

A multidimensional analysis of disparities between individuals' moral judgments and moral intentions

OpenAIRE

Oktay, Selim

2001-01-01

Cataloged from PDF version of article. One major issue that needs to be investigated in the area of business ethics is the disparities between individuals' moral judgments and their actual behaviors. Since it is very difficult to measure actual behaviors, moral intentions are measured in the current study, instead of behaviors. A multidimensional approach including the analysis of gender differences and effects of work experience on moral judgments and moral intentions, fact...

Lawful Sinners: Reproductive Governance and Moral Agency Around Abortion in Mexico.

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Singer, Elyse Ona

2018-03-01

The Catholic Hierarchy unequivocally bans abortion, defining it as a mortal sin. In Mexico City, where the Catholic Church wields considerable political and popular power, abortion was recently decriminalized in a historic vote. Of the roughly 170,000 abortions that have been carried out in Mexico City's new public sector abortion program to date, more than 60% were among self-reported Catholic women. Drawing on eighteen months of fieldwork, including interviews with 34 Catholic patients, this article examines how Catholic women in Mexico City grapple with abortion decisions that contravene Church teachings in the context of recent abortion reform. Catholic women consistently leveraged the local cultural, economic, and legal context to morally justify their abortion decisions against church condemnation. I argue that Catholic women seeking abortion resist religious injunctions on their reproductive behavior by articulating and asserting their own moral agency grounded in the contextual dimensions of their lives. My analysis informs conversations in medical anthropology on moral decision-making around reproduction and on local dynamics of resistance to reproductive governance. Moreover, my findings speak to the deficiencies of a feminist vision focused narrowly on fertility limitation, versus an expanded framework of reproductive justice that considers as well the need for conditions of income equality and structural supports to facilitate reproduction and parenting among women who desire to keep their pregnancies.

Being at war: Cognitive Approaches to Observational War Documentaries

DEFF Research Database (Denmark)

Bondebjerg, Ib

2017-01-01

: Janus Metz’s Danish ‘Armadillo’ (2010) following a group of soldiers to Afghanistan, and Andreas Dalsgaard and Obiada Zytoon’s Danish-Syrian ‘The War Show’ following a group of young Syrians during the Syrian spring to the civil war and beyond. Based on theories of cognition and emotion and evolutionary......In this article I primarily analyse observational war documentaries in order to deal with how this particular form of documentary contribute to our understanding of how it is to be at war as a soldier or as a civilian in a war zone. I analyse two very different observational war documentaries...... biology the article argues for the importance of this type of documentaries in developing and understanding of what war really is and it is experience, how it is to be at war. The article also puts the films in the broader context of both fictional and documentary war genres trying to map how...

Development and psychometric testing of a new tool for detecting moral distress: the Moral Distress Thermometer.

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Wocial, Lucia D; Weaver, Michael T

2013-01-01

To report the development and psychometric testing of the Moral Distress Thermometer. The Moral Distress Thermometer is a new screening tool to measure moral distress in nurses who practise in the hospital setting. Moral distress occurs when one knows the ethically correct thing to do, but is prevented from acting on that perceived obligation. It is a well documented phenomenon with negative consequences that may be experienced by nurses. Creating an instrument to effectively and efficiently measure moral distress in a timely way has been identified as a priority for nursing. This study used a cross-sectional survey design. Data collection for this research occurred in 2009. Participants simultaneously completed either the adult or pediatric version of the Moral Distress Scale version 2009 and the Moral Distress Thermometer. A total of 529 participants from various clinical areas completed both tools. Coefficients alpha were adequate for both Adult (0·90) and Pediatric (0·92) Moral Distress Scale 2009 scales. Statistically significant Pearson correlations were found for the Moral Distress Thermometer with Adult Moral Distress Scale 2009 and Pediatric Moral Distress Scale 2009 and higher Moral Distress Thermometer, Adult Moral Distress Scale 2009 and Pediatric Moral Distress Scale 2009 means for participants who had left or who considered leaving a position because of moral distress. These findings provide support for the validity of the Moral Distress Thermometer. © 2012 Blackwell Publishing Ltd.

Justifying group-specific common morality.

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Strong, Carson

2008-01-01

Some defenders of the view that there is a common morality have conceived such morality as being universal, in the sense of extending across all cultures and times. Those who deny the existence of such a common morality often argue that the universality claim is implausible. Defense of common morality must take account of the distinction between descriptive and normative claims that there is a common morality. This essay considers these claims separately and identifies the nature of the arguments for each claim. It argues that the claim that there is a universal common morality in the descriptive sense has not been successfully defended to date. It maintains that the claim that there is a common morality in the normative sense need not be understood as universalist. This paper advocates the concept of group specific common morality, including country-specific versions. It suggests that both the descriptive and the normative claims that there are country-specific common moralities are plausible, and that a country-specific normative common morality could provide the basis for a country's bioethics.

Globalizing Contemporary War

OpenAIRE

Melissa Zisler

2009-01-01

There are a plethora of social problems present throughout theworld in which America has deemed a type of ‘war.’ Some of theseunconventional wars include: The War on Poverty presented in 1964; The War on Drugs announced in 1971; The War on Cancer commencing in1971; The War Against Illiteracy beginning in the 1970s; and afterSeptember 11, 2001 The War on Terror was announced (Raz, 2008).These contemporary ‘wars’ have transformed the meaning of the word‘war.’ Labeling these missions ‘wars,’ pre...

Influence of the cortical midline structures on moral emotion and motivation in moral decision-making.

Science.gov (United States)

Han, Hyemin; Chen, Jingyuan; Jeong, Changwoo; Glover, Gary H

2016-04-01

The present study aims to examine the relationship between the cortical midline structures (CMS), which have been regarded to be associated with selfhood, and moral decision making processes at the neural level. Traditional moral psychological studies have suggested the role of moral self as the moderator of moral cognition, so activity of moral self would present at the neural level. The present study examined the interaction between the CMS and other moral-related regions by conducting psycho-physiological interaction analysis of functional images acquired while 16 subjects were solving moral dilemmas. Furthermore, we performed Granger causality analysis to demonstrate the direction of influences between activities in the regions in moral decision-making. We first demonstrate there are significant positive interactions between two central CMS seed regions-i.e., the medial prefrontal cortex (MPFC) and posterior cingulate cortex (PCC)-and brain regions associated with moral functioning including the cerebellum, brainstem, midbrain, dorsolateral prefrontal cortex, orbitofrontal cortex and anterior insula (AI); on the other hand, the posterior insula (PI) showed significant negative interaction with the seed regions. Second, several significant Granger causality was found from CMS to insula regions particularly under the moral-personal condition. Furthermore, significant dominant influence from the AI to PI was reported. Moral psychological implications of these findings are discussed. The present study demonstrated the significant interaction and influence between the CMS and morality-related regions while subject were solving moral dilemmas. Given that, activity in the CMS is significantly involved in human moral functioning. Copyright © 2016 Elsevier B.V. All rights reserved.

The problem of moral choice personality

Directory of Open Access Journals (Sweden)

I. A. Kadievskaya

2014-02-01

Full Text Available Article is dedicated to the comprehension of the problems of the moral selection of personality. It is substantiated, that the moral consciousness is the complex system, because of which in the society are established the specific rules of interrelations between the people.   The concepts are analyzed: morals, relativity, moral absolutism, general human values, globalization, manipulation by consciousness, spiritual­ moral training. The specific character of the moral relativity, which denies absolute nature, i.e., is established universality and compulsion of morals, emphasizing conditionality and situationality of moral n. Moral absolutism is contradicted to moral relativity. Moral absolutism corresponds to persuasion, that there are absolute standards, which can be used for the permission of questions of morals, and that the specific actions can be correct or incorrect by themselves independent of their context. The two­digit (positive and negative axiological understanding of the phenomenon of globalization, which dually influences our consciousness, spiritual peace and moral selection, is represented. Under the conditions for large­scale information manipulations the translation of moral values as information, modifies their essence. Is shown the role of spiritual­ moral training in the formation, which must be variative and voluntary, allow for the possibility of ideological selection. The moral freedom of each person is manifested in the transformation of moral requirements into the internal needs of personality, into its own persuasions.

Moral identity and the experience of moral elevation in response to acts of uncommon goodness.

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