Ethics for Adversaries

Ethics for Adversaries

Author: Arthur Isak Applbaum

Publisher: Princeton University Press

Published: 2000-07-10

Total Pages: 286

ISBN-13: 1400822939

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The adversary professions--law, business, and government, among others--typically claim a moral permission to violate persons in ways that, if not for the professional role, would be morally wrong. Lawyers advance bad ends and deceive, business managers exploit and despoil, public officials enforce unjust laws, and doctors keep confidences that, if disclosed, would prevent harm. Ethics for Adversaries is a philosophical inquiry into arguments that are offered to defend seemingly wrongful actions performed by those who occupy what Montaigne called "necessary offices." Applbaum begins by examining the career of Charles-Henri Sanson, who is appointed executioner of Paris by Louis XVI and serves the punitive needs of the ancien régime for decades. Come the French Revolution, the King's Executioner becomes the king's executioner, and he ministers with professional detachment to each defeated political faction throughout the Terror and its aftermath. By exploring one extraordinary role and the arguments that can be offered in its defense, Applbaum raises unsettling doubts about arguments in defense of less sanguinary professions and their practices. To justify harmful acts, adversaries appeal to arguments about the rules of the game, fair play, consent, the social construction of actions and actors, good outcomes in equilibrium, and the legitimate authority of institutions. Applbaum concludes that these arguments are weaker than supposed and do not morally justify much of the violation that professionals and public officials inflict. Institutions and the roles they create ordinarily cannot mint moral permissions to do what otherwise would be morally prohibited.


Conspiring with the Enemy

Conspiring with the Enemy

Author: Yvonne Chiu

Publisher: Columbia University Press

Published: 2019-10-08

Total Pages: 372

ISBN-13: 0231544170

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Despite the strong influence of just war theory in military law and practice, warfare is commonly considered devoid of morality. Yet even in the most horrific of human activities, there is frequent communication and cooperation between enemies. One remarkable example is the Christmas truce—unofficial ceasefires between German and English trenches in December 1914 in which soldiers even mingled in No Man’s Land. In Conspiring with the Enemy, Yvonne Chiu offers a new understanding of why and how enemies work together to constrain violence in warfare. Chiu argues that what she calls an ethic of cooperation is found in modern warfare to such an extent that it is often taken for granted. The importance of cooperation becomes especially clear when wartime ethics reach a gray area: To whom should the laws of war apply? Who qualifies as a combatant? Should guerrillas or terrorists receive protections? Fundamentally, Chiu shows, the norms of war rely on consensus on the existence and content of the laws of war. In a wide-ranging consideration of pivotal instances of cooperation, Chiu examines weapons bans, treatment of prisoners of war, and the Geneva Conventions, as well as the tensions between the ethic of cooperation and the pillars of just war theory. An original exploration of a crucial but overlooked phenomenon, Conspiring with the Enemy is a significant contribution to military ethics and political philosophy.


Legitimacy

Legitimacy

Author: Arthur Isak Applbaum

Publisher: Harvard University Press

Published: 2019-11-19

Total Pages: 305

ISBN-13: 0674983467

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At an unsettled time for liberal democracy, with global eruptions of authoritarian and arbitrary rule, here is one of the first full-fledged philosophical accounts of what makes governments legitimate. What makes a government legitimate? The dominant view is that public officials have the right to rule us, even if they are unfair or unfit, as long as they gain power through procedures traceable to the consent of the governed. In this rigorous and timely study, Arthur Isak Applbaum argues that adherence to procedure is not enough: even a properly chosen government does not rule legitimately if it fails to protect basic rights, to treat its citizens as political equals, or to act coherently. How are we to reconcile every person’s entitlement to freedom with the necessity of coercive law? Applbaum’s answer is that a government legitimately governs its citizens only if the government is a free group agent constituted by free citizens. To be a such a group agent, a government must uphold three principles. The liberty principle, requiring that the basic rights of citizens be secured, is necessary to protect against inhumanity, a tyranny in practice. The equality principle, requiring that citizens have equal say in selecting who governs, is necessary to protect against despotism, a tyranny in title. The agency principle, requiring that a government’s actions reflect its decisions and its decisions reflect its reasons, is necessary to protect against wantonism, a tyranny of unreason. Today, Applbaum writes, the greatest threat to the established democracies is neither inhumanity nor despotism but wantonism, the domination of citizens by incoherent, inconstant, and incontinent rulers. A government that cannot govern itself cannot legitimately govern others.


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


Binary Bullets

Binary Bullets

Author: Fritz Allhoff

Publisher: Oxford University Press

Published: 2016-01-04

Total Pages: 321

ISBN-13: 0190464178

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Philosophical and ethical discussions of warfare are often tied to emerging technologies and techniques. Today we are presented with what many believe is a radical shift in the nature of war-the realization of conflict in the cyber-realm, the so-called "fifth domain" of warfare. Does an aggressive act in the cyber-realm constitute an act of war? If so, what rules should govern such warfare? Are the standard theories of just war capable of analyzing and assessing this mode of conflict? These changing circumstances present us with a series of questions demanding serious attention. Is there such a thing as cyberwarfare? How do the existing rules of engagement and theories from the just war tradition apply to cyberwarfare? How should we assess a cyber-attack conducted by a state agency against private enterprise and vice versa? Furthermore, how should actors behave in the cyber-realm? Are there ethical norms that can be applied to the cyber-realm? Are the classic just war constraints of non-combatant immunity and proportionality possible in this realm? Especially given the idea that events that are constrained within the cyber-realm do not directly physically harm anyone, what do traditional ethics of war conventions say about this new space? These questions strike at the very center of contemporary intellectual discussion over the ethics of war. In twelve original essays, plus a foreword from John Arquilla and an introduction, Binary Bullets: The Ethics of Cyberwarfare, engages these questions head on with contributions from the top scholars working in this field today.


On the Side of the Angels

On the Side of the Angels

Author: Nancy L. Rosenblum

Publisher: Princeton University Press

Published: 2010-08

Total Pages: 600

ISBN-13: 0691148147

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Political parties are the defining institutions of representative democracy and the darlings of political science, their governing and electoral functions among the chief concerns of the field. Yet they are often presented as grubby arenas of ambition, or worse. This book is a vigorous defence of their virtues.


Morality, Competition, and the Firm

Morality, Competition, and the Firm

Author: Joseph Heath

Publisher: Oxford University Press

Published: 2014-08-01

Total Pages: 425

ISBN-13: 0199990492

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In this collection of provocative essays, Joseph Heath provides a compelling new framework for thinking about the moral obligations that private actors in a market economy have toward each other and to society. In a sharp break with traditional approaches to business ethics, Heath argues that the basic principles of corporate social responsibility are already implicit in the institutional norms that structure both marketplace competition and the modern business corporation. In four new and nine previously published essays, Heath articulates the foundations of a "market failures" approach to business ethics. Rather than bringing moral concerns to bear upon economic activity as a set of foreign or externally imposed constraints, this approach seeks to articulate a robust conception of business ethics derived solely from the basic normative justification for capitalism. The result is a unified theory of business ethics, corporate law, economic regulation, and the welfare state, which offers a reconstruction of the central normative preoccupations in each area that is consistent across all four domains. Beyond the core theory, Heath offers new insights on a wide range of topics in economics and philosophy, from agency theory and risk management to social cooperation and the transaction cost theory of the firm.


Ethics of Armed Conflict

Ethics of Armed Conflict

Author: John W. Lango

Publisher: Edinburgh University Press

Published: 2014-01-29

Total Pages: 256

ISBN-13: 0748645764

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Just war theory exists to stop armies and countries from using armed force without good cause. But how can we judge whether a war is just? In this original book, John W. Lango takes some distinctive approaches to the ethics of armed conflict. DT A revisionist approach that involves generalising traditional just war principles, so that they are applicable by all sorts of responsible agents to all forms of armed conflict DT A cosmopolitan approach that features the Security Council DT A preventive approach that emphasises alternatives to armed force, including negotiation, nonviolent action and peacekeeping missions DT A human rights approach that encompasses not only armed humanitarian intervention but also armed invasion, armed revolution and all other forms of armed conflict Lango shows how these can be applied to all forms of armed conflict, however large or small: from interstate wars to UN peacekeeping missions, and from civil wars counter-insurgency and counter-terrorism operations.


Ethics Beyond War's End

Ethics Beyond War's End

Author: Eric Patterson

Publisher: Georgetown University Press

Published: 2012-03-02

Total Pages: 258

ISBN-13: 1589018974

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The wars in Afghanistan and Iraq have focused new attention on a perennial problem: how to end wars well. What ethical considerations should guide war’s settlement and its aftermath? In cases of protracted conflicts, recurring war, failed or failing states, or genocide and war crimes, is there a framework for establishing an enduring peace that is pragmatic and moral? Ethics Beyond War’s End provides answers to these questions from the just war tradition. Just war thinking engages the difficult decisions of going to war and how war is fought. But from this point forward just war theory must also take into account what happens after war ends, and the critical issues that follow: establishing an enduring order, employing political forms of justice, and cultivating collective forms of conciliation. Top thinkers in the field—including Michael Walzer, Jean Bethke Elshtain, James Turner Johnson, and Brian Orend—offer powerful contributions to our understanding of the vital issues associated with late- and post conflict in tough, real-world scenarios that range from the US Civil War to contemporary quagmires in Afghanistan, the Middle East, and the Congo.