Tesi: "Law and ethics"

1

Horner, David Alan. "The seeds of virtue : law and virtue ethical conceptions in Aquinas's ethics". Thesis, University of Oxford, 2000. http://ora.ox.ac.uk/objects/uuid:91aff45b-df61-4435-937d-b8331ec20b86.

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Abstract (sommario):

There is a prima facie incompatibility between a law conception of ethics, in which law concepts (e.g. ought, rule, action) are basic, and a virtue conception of ethics, in which virtue concepts (e.g. character trait, ideal, agent) are basic. However, both conceptions contain elements that are needed for an adequate ethical account. Aquinas's conception of ethics is of interest, because it combines virtue and law components within a broadly Aristotelian account. I argue that Aquinas's virtue-and-law ethical conception is not ad hoc, but emerges from, expresses, and is grounded normatively, rationally, and motivationally in his general conception of practical thought. My first objective in the thesis is to explicate and defend an interpretation of Aquinas's understanding of practical thought as the rational determination of general good into particular action. I argue, first, that this interpretation expresses Aquinas's conception of the nature of practical thought, as reflected in Aquinas's central practical concepts of order, nature, good, and reason. Second, I argue that this interpretation is expressed in Aquinas's conception of the structure of practical thought, as reflected in general, specific, and particular conceptual levels of practical thinking, reasons, and forms of reasoning. My second objective in the thesis is to show that Aquinas's virtue-and-law account presupposes and develops this conception of practical thought, and briefly to indicate how insights from Aquinas's account elucidate relationships between virtue and law ethical conceptions.

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2

Gearey, Adam David. "In the wake of the law : law and ethics in Finnegan's Wake". Thesis, Birkbeck (University of London), 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.286731.

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3

Berry, Matthew. "Law, Justice, and Equity in Aristotle's Nicomachean Ethics". Thesis, Boston College, 2016. http://hdl.handle.net/2345/bc-ir:107190.

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Thesis advisor: Robert C. Bartlett
At the beginning of the fifth book of the Nicomachean Ethics, Aristotle tells us that, according to common opinion, justice is lawful and fair. He concludes his examination of justice with a discussion of equity, which proves to be neither strictly lawful nor strictly fair—and yet Aristotle tells us that equity is, in a certain sense, the highest form of justice. This dissertation explains how Aristotle reaches this startling conclusion. I begin with an exploration of the careful taxonomy of justice that Aristotle lays out in the first half of book five. But Aristotle abruptly abandons this taxonomy midway through the book when he turns from the simply just to the politically just. For this reason and others, I argue that the second half of the book is not, as some have asserted, the application of the universal principles of justice to a political situation, but a new beginning and a fresh attempt to articulate the virtue of justice, free from the flaws we discover through a careful study of the first half of the book. Aristotle’s political justice takes its bearings from the health of a republican government, that is, a government of free and equal citizens. And yet political justice, like political courage, remains on the level of politics. Aristotle’s discussion of equity at the end of the book presents the virtuous form of justice, which corrects the flaws of justice as lawfulness and justice as fairness and permits justice to take its place in the economy of a noble human life
Thesis (PhD) — Boston College, 2016
Submitted to: Boston College. Graduate School of Arts and Sciences
Discipline: Political Science

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4

Kirtley, Jane E. "Law & Ethics: A Blurring of the Lines". School of Journalism, University of Arizona (Tucson, AZ), 1994. http://hdl.handle.net/10150/583031.

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5

Gerstner, Christian. "Online sociological research : methods, ethics and the law". Thesis, Keele University, 2013. http://eprints.keele.ac.uk/3823/.

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This thesis offers a comprehensive examination of the dilemmas posed by cyberspace for contemporary social research and in how far current ethical frameworks can manage the risks that may emerge in this new research environment. The study is situated in the period of 1998 to 2010, during which the social uses of rapidly converging technological tools led to the extension of the social world into a new social sphere of social interaction called cyberspace. Social scientists have been quick to explore this sphere; however, as the dominant discourses are based on ideas of newness and difference there is uncertainty over what kind of space it is, whether we can transfer existing methods and ethics and what rules apply in the conduct of research. The thesis first investigates the extent to which the technological tools and ethical dilemmas encountered in cyberspace are in fact new or different. This then necessitates a detailed engagement with the conceptualisation of cyberspace. Thereafter it closes a gap in dominant conceptualisations of cyberspace by offering insights into its legal and regulatory foundations. Next, the thesis reflects on legislation and regulations to identify emerging risks that emerge in everyday social research practice in the online environment. These risks are then used as vignettes to test current ethical guidance’s ability to manage them. The thesis argues that disciplines within the social sciences need to be continually reflexive about their encounters with new spaces, and concludes that cyberspace demands significant engagement with the difficulties posed by the rapid pace of change of technological development and regulatory and legislator foundations in order to manage risk in online social research. Thus while online research is the focus, the potential of this thesis is to offer a historical insight into the reflexivity of the discipline in particular in how successfully it encounters new spaces of/for research.

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6

Likens, Ann P. "The law and ethics of advance medical directives". Theological Research Exchange Network (TREN), 1998. http://www.tren.com.

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7

Lavin, Michael. "Understanding limits: Morality, ethics, and law in psychology". Diss., The University of Arizona, 1999. http://hdl.handle.net/10150/284605.

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Work by Sales and Lavin has suggested that it is possible to improve the moral and ethical thinking of psychologists. In particular, moral and ethical thinking by psychologists could be improved if psychologists learned to use defensible moral metrics. The usefulness of formal training in ethics and morality, with the implicit condemnation of the moral metrics that might be taught in such training, has been challenged by writers such as Justice Holmes. He has alleged that professionals learn how to behave in their professional roles by practicing them. A variety of problems are noted with Holmes' view. Further, psychologists cannot rely on expert advice from Institutional Review Boards or Ethics Committees, even if they wished to do so. Institutional Review Boards, and by implication Ethics Committees, have serious deficiencies. However, psychologists can make considerable progress in their moral and ethical thinking, if they distinguish ethics from morality and also notice the similarities between moral thinking and scientific thinking and theorizing. A controversy over the recovered-memory therapy is employed to illustrate some of these distinctions and similarities. The argument continues by developing two moral metrics. The first begins with ethics and culminates in moral appraisal. The second makes moral appraisal an earlier step than ethical appraisal. With these metrics described, it is then noted that a popular metric in psychology, that of Koocher and Keith-Spiegel, is inadequate. It is then shown that the two moral metrics earlier described are reasonably believed to be adequate. The adequacy of one of them is directly illustrated with an example involving the question of whether persons with serious mental illnesses should be allowed to enter into contracts that would relax the criteria for their involuntary hospitalization and treatment. It is concluded that teachable, intellectually defensible moral metrics are possible, and that their use would improve the moral and ethical thinking of psychologists.

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8

Byrd, Rebekah J., Rebecca Milner e Emily Donald. "Protecting LGBTQQIA Clients: When Law and Ethics Collide". Digital Commons @ East Tennessee State University, 2018. https://dc.etsu.edu/etsu-works/2605.

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Counselors are legally and ethically beholden to provide affirming services to LGBTQQIA individuals. Recent laws place importance on counselor values over those of the client, impact safety of clients, and are in direct conflict with counseling ethical codes. This presentation will discuss recent laws, reactions, information, and resources

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9

Diamantides, Marinos. "Ethical proximity as a condition of law". Thesis, Birkbeck (University of London), 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.322054.

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10

Crispin, K. J., e n/a. "Ethics and the advocate". University of Canberra. Law, 1995. http://erl.canberra.edu.au./public/adt-AUC20060630.172938.

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This thesis examines the ethical implications of legal professional advocacy in an adversary system of justice. It identifies a standard conception of the advocate's duty which is encapsulated in the various professional codes and its fundamental principles of partisanship and zealous advocacy. It acknowledges that the standard conception involves a duty to pursue the interests of clients without regard for the interests of others and explores the inevitable moral ambivalence which such an absolute loyalty entails. The concept of role morality upon which this conception is based is explored. This involves an examination of the adversary system of justice and the extent to which it serves the public interest. It is concluded that the adversary system is of considerable utility in maintaining individual rights, eliciting the truth, providing an important element of ritual and sublimating conflict. Consequently, its value provides ethical justification for lawyers to fulfil the adversarial roles upon which it depends. However, it is contended that it neither requires nor justifies the absolutism inherent in the standard conception of the advocate's duty. A number of alternative paradigms are considered but rejected as inadequate. It is argued that the existing norms of partisanship and zealous advocacy should be retained but relegated to prima facie duties which may have to be balanced against competing ethical demands such as the need to avoid causing undue harm to others.

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11

Tape, John. "A proposed prolegomenon for normative theological ethics with a special emphasis on the usus didacticus of God's law". Theological Research Exchange Network (TREN), 1993. http://www.tren.com.

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12

Brice, Adam L. ""Fulfilling" and "doing" the law the prescriptive function of the law in Paul's ethics /". Theological Research Exchange Network (TREN) Access this title online, 2005. http://www.tren.com.

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13

Devine, Ann. "Professional Conduct and Ethics Education for Public Sector Lawyers". Thesis, Queensland University of Technology, 1996. https://eprints.qut.edu.au/227113/1/T%28LAW%29%2015_Devine_1996.pdf.

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Public sector lawyers constitute a subset of the profession. However, there is no requirement that public sector lawyers engage in continuing legal education nor are they subject to the regulation of the professional legal bodies in Queensland. There is an absence of analysis and critical reflection about the duties of public sector lawyers and the means to ensure they engage in ethical conduct. This is an issue of importance which warrants investigation due to the dual obligations public sector lawyers owe by virtue of their roles as public servant and lawyer. There is a gap in the knowledge about the way one section of the legal profession is regulated and performs their duties. This paper will review and adapt existing theoretical knowledge about the particular professional obligations of both lawyers and administrators to construct a framework to be utilised by Queensland public sector lawyers to guide decision making to ensure it is ethical. Further, it purports to contribute to the areas of professional conduct and training of lawyers working specifically for state government agencies in Queensland by extending the knowledge about the duties of lawyers and public servants, to formulate the duties which specifically apply to public sector lawyers working for the Queensland public sector. Existing knowledge about ethics education and training and adult education theories are combined to produce the most effective ethics education and training schemes for public sector lawyers in the Queensland public service. The focus of the paper is on lawyers employed in the Queensland state public service. It concerns the dual roles of lawyer and public servant and the duties which flow from the duality of professional roles. The duties are determined by the important function performed by the public sector lawyer. It incorporates the duty to act in the public interest and to see, to the greatest extent possible that justice is done. The author proposes that the best way to enhance professional conduct of public sector lawyers is to simultaneously improve existing regulatory mechanisms by developing an enforceable code of conduct and establishing an ethics education and training program for public sector lawyers, to foster a more accountable government legal service.

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14

Braswell, Michael, Belinda R. McCarthy e Bernard J. McCarthy. "Justice, Crime, and Ethics". Digital Commons @ East Tennessee State University, 2014. http://amzn.com/0323262279.

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Justice, Crime, and Ethics, a leading textbook in criminal justice programs, examines ethical dilemmas pertaining to the administration of criminal justice and professional activities in the field. Comprehensive coverage is achieved through focus on law enforcement, legal practice, sentencing, corrections, research, crime control policy, and philosophical issues. The contributions in this book examine ethical dilemmas pertaining to the administration of criminal justice and professional activities in the field.
https://dc.etsu.edu/etsu_books/1069/thumbnail.jpg

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15

Masek, Mary Katerina. "Natural law and synderesis according to Thomas Aquinas". Online full text .pdf document, available to Fuller patrons only, 2004. http://www.tren.com.

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16

Braswell, Michael, Belinda Rodgers McCarthy e Bernard J. McCarthy. "Justice, Crime, and Ethics". Digital Commons @ East Tennessee State University, 2012. http://amzn.com/1437734855.

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"The seventh edition of this criminal justice text on ethics has been updated with new case studies and exercises, new chapters on ethics in police training and interrogation, and expansions and revisions throughout. Material is grouped under sections on ethical issues in policing, ethics and the courts, ethical issues in corrections, ethical issues in crime control policy and research, and ethics and the future. Specific topics discussed include how police officers learn ethics, legally permissible but unethical conduct, guidance for lawyers, types of restorative justice programs, ethics and prison, and the Ford Pinto case. The text is geared towards undergraduates in criminology programs and offers lists of key concepts, text boxes, and discussion questions among its learning features."--SciTech Book News
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17

Bruce, James Elliot Hibbs Thomas S. "Divine choice and natural law the eudokian ethics of Francis Turretin /". Waco, Tex. : Baylor University, 2008. http://hdl.handle.net/2104/5227.

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18

Barnes, Simon Dennis. "Psychopaths and insanity : law, ethics, cognitive neuroscience and criminal responsibility". Thesis, University of Manchester, 2014. https://www.research.manchester.ac.uk/portal/en/theses/psychopaths-and-insanity-law-ethics-cognitive-neuroscience-and-criminal-responsibility(a0121991-dfab-4d3b-a7fb-b4ec88a7f453).html.

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In many jurisdictions, including England and Wales, psychopaths are unable to succeed with an insanity defence. This has been influenced by a legal view of psychopathy as a condition characterised by a reduced ability to comply with the law, which is otherwise fully understood. Evidence from cognitive neuroscience, however, may potentially challenge this traditional legal conception of psychopathy. In this regard it has already been suggested, based partly on scientific evidence, that it may be appropriate for at least some psychopaths to succeed with an insanity defence where they can be shown to lack moral competence. In this thesis, I critically examine this possibility. I first examine the insanity defence in English law, showing how psychopaths have effectively been excluded from the defence by judicial interpretation of the insanity defence criteria. Consequently, if psychopaths lacking moral competence were to be identified, reform (or reinterpretation) of the defence would be required. I then present philosophical arguments in favour of the case that some psychopaths should gain access to an insanity defence, before clarifying which psychopaths ought potentially to succeed, and which criminal offences ought potentially to be relevant, for the purposes of a reformed or reinterpreted defence. In order to clarify which psychopaths are relevant psychopaths (RPs), it is necessary to go beyond existing scientific evidence. It is argued, based on emerging neuroscientific findings and current research techniques, that while it is not currently possible to identify RPs, it may be possible in the future. Even if it this becomes possible, however, the philosophical case for access to an insanity defence remains deeply problematic. Although RPs may lack moral competence, for example, they may nevertheless possess other capacities relevant to criminal responsibility. After closer examination, it is argued that the case for access to an insanity defence may be best viewed as a case for mitigation rather than exculpation. I conclude by considering some of the implications of this analysis in an English legal context, should it become possible to identify RPs. Of particular relevance is the possibility that RPs may be at high risk of causing serious harm to others. This illuminates important possible relationships between responsibility and risk, and diagnostic advancements and risk assessment, in this area. There are also broader implications for the management of psychopaths in the future, given that greater scientific understanding may lead to enhanced predictive abilities that could tempt policymakers towards more radical strategies. This thesis contributes to an ongoing debate about the role that cognitive neuroscience may play in decisions about the criminal responsibility of psychopaths. My main contribution is to clarify how psychopaths lacking moral competence may be identified in the future, and relate this neuroscientific discourse to arguments for providing these persons with access to an insanity defence. It is argued, however, by reference to legal, policy, scientific and philosophical considerations, that the risk such persons would pose, rather than their capacity for criminal responsibility per se, may have significant legal and policy implications in England and Wales in the future.

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19

Allan, James. "Hume and reason : a sceptical theory of morality and law /". Thesis, [Hong Kong : University of Hong Kong], 1993. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13604466.

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20

Swaminathan, Shivprasad. "Making law matter : projectivism and Hart's normativity". Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:f82db200-b33c-437e-b950-3f05a1550e96.

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This thesis explores a novel approach to understanding H.L.A. Hart's account of the 'normativity of law'. A successful account of the 'normativity of law' is meant to inter alia establish how legal requirements come to be morally binding. It will be argued that the internal point of view, key to Hart's account of normativity, can intelligibly constitute the 'source' of moral bindingness only if one assumes a projectivist model (resting on a non-cognitivist metaethic). The projectivist model understands moral bindingness as the motivational pull exerted by a moral judgment owing to the attitude of approval underlying it. Hart never expressly endorsed projectivism - far from it: he refused to take any firm metaethical stance at all. This thesis argues, however, that there are semantic and metaethical elements in Hart's scheme that naturally lend themselves to a projectivist model. A good portion of this thesis comprises in setting out, aligning - and where appropriate, emending - those elements so as to yield a coherent projectivist model of the 'normativity of law'. While discussing Hart's account of normativity occupies a bulk of this thesis, its overarching telos would be to take the first steps towards attempting a new begrundung of the projectivist model of 'normativity of law'. It does so by setting out the conceptual underpinnings of the projectivist model and by allaying some of the misgivings surrounding it. The projectivist model used to be prominent in the first half of the 20th century, thanks to the pioneering works of the Scandinavian Legal Realists, but has of late largely fallen into disrepute. Although Hart is widely credited with having taken apart the Scandinavian Legal Realists' project - who themselves saw Hart's project as contiguous with theirs - it will be argued that there is indeed a great deal convergence between the projects of Hart and the Scandinavian Legal Realists.

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21

Eryilmaz, Enes. "Politics, Law And Morality: David Hume On Justice". Master's thesis, METU, 2011. http://etd.lib.metu.edu.tr/upload/12613424/index.pdf.

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This thesis evaluates David Hume&rsquo
s notion of justice by examining the coherence in his legal, moral, and political philosophy. It is argued that on the whole, Hume&rsquo
s use of the concept justice is coherent in his theories of law, ethics, and politics. To this end, firstly, Hume&rsquo
s moral thought is examined in detail. Secondly, his legal theory and his position in legal philosophy are considered with references to its moral aspects. Next, Hume&rsquo
s notion of justice is examined in its relation with the state. It is observed that Hume&rsquo
s conception of justice has moral, legal, and political foundations, and that all of these subjects depend on the same principles. It is shown that the laws of justice constitute an ethical, legal, and political issue in Hume&rsquo
s philosophy. According to Hume, although obeying the rules of justice is a moral topic, the laws of justice are guaranteed by the state in large societies.

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22

Duval, Gordon R. "Faith, death and suffering, ethics and the law of suicide intervention". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0002/NQ33922.pdf.

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23

Lantigua, David. "Natural law ethics : a comparison of the Theravāda and Thomistic traditions". [Tampa, Fla.] : University of South Florida, 2007. http://purl.fcla.edu/usf/dc/et/SFE0002021.

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24

Lantigua, David. "Natural Law Ethics: A Comparison of the Theravāda and Thomistic Traditions". Scholar Commons, 2007. http://scholarcommons.usf.edu/etd/3901.

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This thesis investigates the topic of natural law in the Therav āda and Thomistic traditions by utilizing the methodology of comparative religious ethics. Approaches to the method such as ethical formalism, ethical naturalism, and narrative ethics are assessed with the author opting for a multidimensional approach that is religious and ethical. This multidimensional approach, as defined by William Schweiker, conducts natural law inquiry from a hermeneutical standpoint of moral diversity and democratic pluralism. The hermeneutical standpoint warrants a historicizing of natural law ethics that is compatible with modern secularity instead of a classicist metaphysical worldview. To achieve this task, the thought of moral philosopher Alasdair MacIntyre and Jewish theologian David Novak is used to formulate a concept of a natural law tradition. Three normative features define the natural law traditions in question: rationality as tradition- constituted, revelation as a historical phenomenon, and natural law as a cultural construct that is both comparative and ontological. The central claim of this thesis is that the Theravāda and Thomistic traditions provide a similar conceptual apparatus for rational discourse that can locate ethical commonalities and respect differences across traditions. The commonality between traditions is secured in natural law ethics because these traditions adhere to a constitutive truth that is the objective ground of all truths and of nature which designates a shared humanity. On the other hand, these natural law traditions are able to at least respect difference because they recognize the autonomy of other traditions outside of and pre- existing their own. Natural law ethics in these religious traditions therefore avoids the ethical challenges of relativism and authoritarianism. Both traditions define a concept of "nature" with a proper teleological orientation for the moral life. "Nature" is an open category in these traditions that can never be fully defined. This demonstrates how these natural law traditions avoid ontological violence. The overall claim is that natural law ethics, which are evident in the Therav āda and Thomistic traditions, offer something essential to a pluralistic secular democracy: an unconditioned view of human dignity that protects inalienable rights because it is secured by a higher law than civil laws.

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25

Greer, R. Douglas. "Prudence, charity, and natural law another narrative interpretation of Thomistic ethics /". Theological Research Exchange Network (TREN), 1998. http://www.tren.com.

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26

Whitehouse, Nancy Virginia. "The influence of media attorneys and the law on ethical policy and practice within five newsrooms /". free to MU campus, to others for purchase, 1997. http://wwwlib.umi.com/cr/mo/fullcit?p9841191.

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27

Shapiro, Matthew Abraham. "Enforcing respect : iberalism, perfectionism, and antidiscrimination law". Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:ee83edc5-162c-42ca-92d8-498a09725d5b.

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Can contemporary liberalism justify antidiscrimination law? The question seems impertinent until we consider contemporary liberalism’s commitment to limited government. Once we do, we realize that contemporary liberals may not complacently assume that their theories justify antidiscrimination law simply because discrimination based on race or sex is so obviously wrongful. Rather, they must scrutinize antidiscrimination law just as they do other regulation of individual conduct. Providing such scrutiny, this thesis argues that three of the most prominent contemporary liberal doctrines of political legitimacy—John Rawls’s “political liberalism,” an antiperfectionist version of the “harm principle,” and Joseph Raz’s “liberal perfectionism”—all fail to justify core applications of antidiscrimination law, applications that we intuitively consider perfectly legitimate. In light of this failure, contemporary liberalism faces a dilemma: it must jettison either its commitment to comprehensive, uniform antidiscrimination regimes or its antiperfectionism and overriding commitment to personal autonomy. This thesis argues for the latter course by providing an account of the wrongfulness of discrimination based on race or sex that condemns all instances of the conduct. According to this account, discrimination is wrong because acting on discriminatory intentions is wrong. More specifically, by taking another person’s race or sex as a reason to treat her less favorably than one would treat people of other races or the other sex, one fails to respect her as a person, to regard her as a being of ultimate value. Unlike contemporary liberal accounts, this account is fully perfectionist, since it defines discrimination in terms of the intentions of discriminators, and the intentions of discriminators in terms of their attitudes, which partly constitute their moral characters. So long as we remain committed to antidiscrimination law in its current form, we must attend to discriminators’ characters. And to attend to discriminators’ characters, we must be willing to espouse perfectionism.

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28

Kilbreath, Eric Howard. "Applying thomistic virtue ethics to patients with chronic illness". Thesis, University of Bristol, 2000. http://hdl.handle.net/1983/a6e68092-4f42-4e81-a374-eeead1f73ea0.

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29

Fritsch, Ryan. "The ethics of imagination: Levinas, Aesthetics and Poiesis in uTOpia". Thesis, McGill University, 2010. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=95124.

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Before Al Gore's 2005 documentary "An Inconvenient Truth" ignited general public concern for the worsening environmental crisis, artists played a crucial role in both exemplifying ecological concerns and in building alternative living and social arrangements. They did so with a sense of "creative responsibility" that formal political and legal institutions seemed incapable of harnessing or acting upon. This thesis looks at how such activist aesthetic movements occurring simultaneously in Toronto and Windsor, Ontario, unleashed a form of "constituent imagination" at once critical, constructive and apparently more responsible than our traditionally "official" systems of responsibility. As these movements crystallized into a contemporary form of utopian thinking characterized by anti-foundationalism, aestheticism, and a deep sense of interconnected responsibility to "invisible others," it is argued that these movements are best understood and analyzed through the ethical philosophy of Emmanuel Levinas. By concretely situating and assessing long-standing limitations within Levinas' philosophy in terms of these activist movements, including the relationship between Levinas' aesthetic and ethical theory, his applicability to globalized scales of political responsibility, and the boundaries of his legal proximity and aesthetics of judgment, the thesis uncovers an "ethics of imagination" that brings Levinas into 21st century law and politics as an an-archic means of conceptualizing the world otherwise within the everyday.
Avant d'Al Gore en 2005 documentaire "Une vérité qui dérange" enflammé intérêt général du public pour l'aggravation de la crise de l'environnement, les artistes ont joué un rôle crucial dans les deux illustrant les préoccupations écologiques et dans la construction de logemnt de rechange et des dispositions sociales. Ils l'ont fait avec un sentiment de "responsabilité créatrice" que les institutions politiques officielles et juridiques semblait incapable d'exploiter ou de s'en servir. Cette thèse examine comment les militants de ces mouvements esthétiques qui se produisent simultanément à Toronto et à Windsor en Ontario, a déclenché une forme de «l'imagination constituante» à la fois critique, constructive et apparemment plus responsable que notre tradition "officielle" des systèmes de responsabilité. Comme ces mouvements cristallisé en une forme contemporaine de la pensée utopique caractérisée par anti-fondationalisme, esthétisme, et un profond sens des responsabilités reliées aux "autres invisibles», il est soutenu que ces mouvements sont mieux comprises et analysées par la philosophie éthique d'Emmanuel Levinas . Par concrètement situer et d'évaluer les limitations de longue date dans la philosophie de Levinas en fonction de ces mouvemens activistes, y compris la relation entre la théorie esthétique et éthique de Levinas, son applicabilité à des échelles mondialisé de la responsabilité politique, et les limites de sa proximité juridique et l'esthétique de arrêt, la thèse révèle une «éthique de l'imagination» qui apporte Levinas en 21e siècle, le droit et la politique comme un moyen an-archique de conceptualiser le monde «autrement» dans le quotidian.

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30

Luteran, Martin. "Some Issues Relating to Proportionality in Law and Ethics, with Special Reference to European Human Rights Law". Thesis, University of Oxford, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.517226.

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31

Cortrite, Michael David. "Servant leadership for law enforcement". Diss., Restricted to subscribing institutions, 2007. http://proquest.umi.com/pqdweb?did=1467893891&sid=1&Fmt=2&clientId=1564&RQT=309&VName=PQD.

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32

Tamin, Jacques. "The doctor-patient relationship, confidentiality and consent in occupational medicine : ethics and ethical guidance". Thesis, University of Manchester, 2016. https://www.research.manchester.ac.uk/portal/en/theses/the-doctorpatient-relationship-confidentiality-and-consent-in-occupational-medicine-ethics-and-ethical-guidance(586107a4-ffe5-40be-ad19-acb9d329d732).html.

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This thesis seeks to examine the ethical basis for occupational medicine, as it is practised in the United Kingdom (UK). There is empirical evidence of occupational physicians being confused with regard to confidentiality and consent, and variations in their practice. It is argued that the ethical guidance from the General Medical Council and the Faculty of Occupational Medicine on these matters, contributes significantly to such confusion. The doctor-patient relationship, consent for disclosure of a medical report, and medical confidentiality, all in the context of occupational medicine practice, are explored. These issues are addressed in the core part of this thesis in the form of the three published papers. In the first paper, the doctor-patient relationship in occupational medical practice is reviewed, and it becomes apparent that in the UK, the occupational physician carries out different roles and functions, ranging from duties that mirror those of a therapeutic encounter, to those that require the occupational physician to be completely independent for the purposes of a particular type of assessment (for ill-health retirement). The former is compatible with the assumption of a fiduciary relationship between doctor and patient, whereas in the latter situation, it would be incongruous to expect the doctor to be independent and owe the patient a “duty of undivided loyalty” simultaneously. In the second paper, consent for disclosure of information, in particular a medical report, is distinguished from the “informed consent” for treatment or interventional research, and the phrase “permission to disclose” is proposed for the disclosure situations. Although this distinction may not have much significance in therapeutic practice, the output of virtually all occupational physician activities results in the writing of a report, so this difference between the two “consents” has greater relevance. The third paper reviews the ethical, and in particular, legal basis for medical confidentiality with reference to an independently commissioned report. In such a situation, UK courts have been consistent in stating that disclosure of such a report to the commissioning party does not breach confidentiality, and no further consent for such disclosure is required. This conflicts with ethical guidance to occupational physicians on this matter. Such conflict between the law and ethical guidance are a further, and important, source of ethical confusion for occupational physicians. Indeed, a common theme through the three papers is that ethical guidance to occupational physicians is in parts either incongruent, incoherent, or conceptually flawed. This may not be surprising, as current ethical guidance is predicated on a doctor-patient relationship that exists in the usual setting for most doctor-patient encounters, that is, the therapeutic setting. It seems unreasonable to expect that simply transposing such an ethical paradigm into a different setting, with dissimilar roles and obligations, could work in a seamless manner. The occupational physicians’ ethical confusion thus reflects the confusion in their ethical guidance.

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33

Hardy, Samuel Andrew. "Interrogating archaeological ethics in conflict zones : cultural heritage work in cyprus". Thesis, University of Sussex, 2010. http://sro.sussex.ac.uk/id/eprint/7344/.

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Much affected by viewing the Yugoslav Wars' ruins, I resolved to study archaeology in conflict. I wanted to explore archaeology's role in conflict and archaeologists' responsibilities in conflict zones; but unable to conduct such work in Kosova/Kosovo, I went to Cyprus. Drawing together professional documentation and public education, professional and community interactions and interviews, and cultural heritage site visits, I researched the destruction of community places, the looting of cultural heritage, and the coping strategies of archaeologists. The key questions of this thesis are: is it legal and ethical to conduct archaeological work in occupied and secessionist territories? How is public knowledge of cultural heritage looting and destruction constructed? What are cultural heritage professionals' responsibilities for knowledge production during conflict? How ought cultural heritage professionals to combat the looting and illicit trading of antiquities? I have addressed these questions by concentrating upon cultural heritage workers' narratives of looting and destruction from 1955 until the present in professional discussion and mass education. First, I argue that archaeologists have misinterpreted international law, and through boycotting and blacklisting of rescue archaeology in northern Cyprus, harmed both the profession and the cultural heritage. Second, I argue that cultural heritage workers have been unwillingly coopted, or actively complicit in the conflict, in the production of nationalist histories, and thus nationalist communities, therefore in the reproduction of nationalist conflict. Third, I argue that cultural heritage workers have knowingly contributed to the conflict and its destruction, through their nationalist policies on the paramilitary-dominated illicit antiquities trade. My conclusions are: that an ethical antiquities policy would cut funding to and thereby reduce conflict-fuelling extremist activity; and that, where they have the freedom to practice it, professional and ethical archaeologies of destruction would promote intracommunal and intercommunal peace.

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34

Brown, Rebecca. "The ethics of using financial incentives to encourage healthy behaviour". Thesis, Queen Mary, University of London, 2013. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8395.

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Efforts to encourage healthy behaviour often fail to bring about sustained changes in people’s lifestyles. New approaches to tackling chronic disease include the use of financial incentives: rewards paid to individuals conditional upon their achieving some pre-specified target, such as losing weight or quitting smoking. Incentives may provide an extra motivation to adopt healthy lifestyles, and structure behaviour change efforts in ways more conducive to success. Health incentives have, however, provoked controversy, attracting accusations of ‘bribing people to be healthy,’ ‘rewarding bad behaviour,’ and ‘wasting taxpayers’ money.’ It remains unclear how viable health incentives could be as a tool for health promotion; but, even if effective, their contentious nature may still give reason for hesitancy. Here, I explore whether such ethical concerns present us with convincing reasons not to use health incentives. I begin by looking at the nature of the criticisms of incentives in the media, and grouping these arguments into more general themes for discussion. I then proceed to consider each of these in turn, beginning first with debates about the requirements for the state to act efficiently without overstepping its legitimate sphere of influence. I then move on to concerns relating to the potential for incentives to undermine liberty and autonomy. Next, I discuss whether health incentives are unjust insofar as they are undeserved, and how this relates to agent freedom and responsibility for adopting healthy lifestyles. Finally, I consider the worry that using money as a healthcare intervention could corrupt certain values that we care about. In concluding, I seek to give an overall idea as to the ethical permissibility of health incentives, and identify some key features that are likely to render incentives more or less acceptable as a means of improving health.

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35

Williams, Kim. "Clinical Ethics Committees : an analysis of their role and function". Thesis, Keele University, 2013. http://eprints.keele.ac.uk/200/.

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Healthcare Clinical Ethics Committees (CECs) are increasing in numbers. Critics argue that they undermine the moral development of the practitioner by not encouraging them to think deeply and for themselves about medical ethics. This could result in abrogation of responsibility for decisions to CECs. This thesis will argue that CECs can offer a useful service to clinicians in the UK by providing a safe environment for reflection. Within this space the CEC can support exploration of solutions to the issues by using a non directive structure to their questioning techniques. Central to this process is the need for the clinician to be present throughout the discussion. Within this reflective space, questioning by the CEC is structured to enable practical planning to occur, after dialogue about the situation or issue, acknowledging the impact of emotion, and moral and nonmoral influences influencing the case. This thesis proposes the use of solution focused techniques and casuistry within the CEC which form the basis of a model developed by the author entitled the ASCS (Ask, Seek, Clarify and Solution) model. Use of the model can provide a framework for structured dialogue which is simple, evaluable and brief. Use of the model within the UK CEC has the potential to increase the skills of the practitioner to tackle ethical issues in practice. Such skills once learnt can be utilised by the team to deal with ethical conflict in the workplace in the future.

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36

Ostroff, Percy. "The law of deceptive advertising and "The methods of ethics" : an exposition". Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=64071.

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37

Palmour, Nicole. "Forensic applications of molecular genetics: ethics and law to inform policy issues". Thesis, McGill University, 2009. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66662.

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Molecular analysis of DNA variation has usurped the place of all earlier technologies in forensic identification of victims and suspects alike. Although the field of ethics has made attempts to cope with the plethora of available genetic information, especially in clinical application, there has been little scrutiny of emerging ethical issues in the forensic domain. Legal scholarship highlights some aspects of the emerging issues, with particular relevance to the challenges faced in court and those regarding individual liberties. The overall objective of this thesis was to evaluate the scientific validity, ethical acceptability and legal accountability of the forensic applications of molecular genetics. In particular, contemporary science has allowed us to access information far beyond what was originally anticipated, such that trace DNA can be obtained trivially from any individual. As a consequence, the scope and composition of existing DNA banks far exceeds the legislative mandate. Chapter 1 reviews the current legal standards for evidence and assesses the level of exactitude necessary for forensic DNA testing to meet evidentiary standards. An evaluation of current practices in DNA banking revealed adequate informed consent practices; the need for a re-examination of access to public health samples with attention to local population interests and the necessity for developing standardized guidelines for banking practices and uniform quality assessment measures (Chapter 2). Comparing current forensic and genomic markers revealed similar concordance and discordance rates with a slight performance advantage towards the forensic markers. The results indicate that multiple runs are necessary to ensure reliability (Chapter 3). A significant ethical issue arises from the forensic practice of surreptitious DNA sampling. This lack of transparency violates autonomy, threatens the legitimacy of the State's int
L'analyse moléculaire des variations de l'ADN a supplanté toutes les technologies médicolégales antérieures d'identification des victimes et des suspects. Bien que le champ de l'éthique ait tenté de gérer la pléthore d'information génétique disponible, particulièrement dans les applications cliniques, il y a eu peu d'examen des enjeux éthiques émergeants dans le domaine médicolégal. La recherche juridique met en évidence certains aspects des enjeux émergeant avec une pertinence particulière pour les défis auxquels les tribunaux sont confrontés ainsi que les défis à l'égard des libertés individuelles.L'objectif général de cette thèse était d'évaluer la validité scientifique, l'acceptabilité éthique et la responsabilité légale dans les applications médicolégales de la génétique moléculaire. En particulier, la science contemporaine nous a permis d'accéder à des informations qui vont au-delà de ce qui était anticipé à l'origine si bien que des traces d'ADN peuvent être obtenues trivialement de tout individu. En conséquence, l'étendue et la composition des banques existantes d'ADN excèdent de loin le mandat législatif. Le premier chapitre revoit les standards légaux d'évidence et évalue le niveau d'exactitude nécessaire afin que les tests d'ADN médico-légaux rencontrent les standards d'évidence. Une évaluation des pratiques actuelles dans la mise en banque d'ADN a révélé des pratiques de consentement éclairé adéquate, le besoin de réexaminer l'accès aux échantillons de santé publique en portant l'attention aux intérêts des populations locales et la nécessité de développer des lignes directrices standardisées pour les pratiques de mise en banque et de mesures uniformes de l'évaluation de la qualité (chapitre 2). La comparaison des marqueurs médicolégaux actuels aux marqueurs génomiques a révélé des taux de concordance et de discord

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38

Gillespie, Al. "International environmental ethics : value and method in international environmental law and policy". Thesis, University of Nottingham, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.361026.

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39

Kekana, R. M. "Teaching ethics, human rights and medical law to undergraduate diagnostic radiography students". Journal for New Generation Sciences, Vol 7, Issue 3: Central University of Technology, Free State, Bloemfontein, 2009. http://hdl.handle.net/11462/544.

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Published Article
Members of society are fast becoming aware of their rights and many practitioners are at risk of losing their licence to practise due to unethical practices. The growing human rights violations commonly seen in vulnerable groups also pose challenges to healthcare workers, such as diagnostic radiographers, who often find themselves in situations where they have to disobey the laws to uphold ethical standards. This paper is a presentation of how ethics, human rights and medical law has been integrated into the undergraduate diagnostic radiography curriculum, and can be applied to other healthcare professions. To alleviate resistance to human rights teachings, I recommend the use of real life examples that are less sensitive 'politically' but true in order to gain the attention and cooperation of the diverse culture of the students.

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40

Christensen, Elizabeth Helene 1950. "A handbook for mental health counselors in Arizona on ethics and law". Thesis, The University of Arizona, 1991. http://hdl.handle.net/10150/277867.

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The purpose of this study was the production of a handbook on ethics and law for mental health counselors in Arizona. The handbook is the summation of information from: professional literature, state statutes, professional codes of ethics, state agencies, a survey of Arizona counselors, evaluations by practicing counselors and graduate students in counseling, and personal interviews. A survey of Arizona Counselors Association members was conducted by a mailed questionnaire. The purpose of the questionnaire was to identify and assess typical counseling practices and to determine the perceived usefulness of the proposed handbook. Results of the survey indicate that respondent counselors' typical practices do not vary substantially from one Arizona metropolitan area to the next and that almost all of them would find the handbook useful. Some of the evaluators' suggestions for modifications of the proposed handbook have been incorporated in the version which is Appendix A to this thesis.

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41

MacMahon, Paul. "Reliance in morality and law". Thesis, University of Oxford, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669886.

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42

Baines, Paul Bruce. "Making medical decisions for children : ethics". Thesis, University of Birmingham, 2016. http://etheses.bham.ac.uk//id/eprint/6511/.

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Children are largely ignored in medical ethics, which concentrates on adults with capacities that children lack (including competence, or rationality). This thesis answers how medical decisions should be made for unquestionably incompetent children. The dominant approach to medical ethics in the West depends on respect for autonomy and this distorts medical ethics for children in two ways. Firstly, parental decisions for children may be taken to have the same authority as respect for autonomy. Secondly, theories of general well-being have focused on adult’s well-being with an endorsement of the components of that well-being by the adult themselves. This has hindered the development of an objective, impartial, conception of interests, arguably, the best fit for making decisions for very young children. I argue that although children are clearly demarcated from adults in medical ethics, there is not a clear explanation of why this is. For young children others must make decisions or be prepared to override the child’s decisions. More recently, the distinction between adults and children have become blurred, exemplified by the use of terms such as ‘young person’. Children’s rights at best draw attention to children and their interests, but do not help in resolving the medical treatment of incompetent children. The most promising approach depends on articulating an account of children’s interests. For several reasons the best interests standard is not defensible. I argue that a reasoned, or reasonable, agreement upon the child’s interests should determine medical treatment. Neither the child’s parents (nor the clinicians) can be taken to have an incorrigible grasp of the child’s interests, all should justify the reasons for their choices.

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43

Birch, Christopher John. "The role of morals in the justification of judicial decisions". Connect to full text, 1992. http://hdl.handle.net/2123/5459.

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Thesis (Ph. D.)--University of Sydney, 1993.
Title from title screen (viewed 30 October 2009). Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy to the Faculty of Law. Degree awarded 1993; thesis submitted 1992. Includes bibliographical references. Also available in print form.

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44

Künig, Damian. "Les institutions de l'éthique discursive face au droit dans la régulation des nouvelles technologies médicales /". Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30309.

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Discourse ethics relates to an argumentative discussion about our moral norms and their foundations. The purpose of my research is to describe and evaluate the functioning of several institutions of discourse ethics as sources of normativity for the regulation of new medical technologies and to propose some possible interactions between law and these institutions.
The institutions of discourse ethics I will look at are: national commissions of experts, national ethics committees, technology assessment committees and consensus conferences. Used in these institutions, argumentative discussion has the capacity to influence the meaning we give to our moral norms as well as the context and the conditions for their application. These discussions generate a special kind of normativity, which ought to be recognised by our legal system. Law itself would benefit from an interaction with such normativity.

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45

Kogon, Susan J. Coonin. "Seeds of change the roots of Jewish environmental ethics as a challenge to the technical paradigm /". Access to citation, abstract and download form provided by ProQuest Information and Learning Company; downloadable PDF file, 153 p, 2008. http://proquest.umi.com/pqdweb?did=1456295651&sid=4&Fmt=2&clientId=8331&RQT=309&VName=PQD.

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46

October, Lydia Joy. "Whistle blowing, ethics and the law: an ethical evaluation of the Protected Disclosures Act 26 of 2000 using Hans Jonas’s theory of responsibility". University of the Western Cape, 2015. http://hdl.handle.net/11394/4854.

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Magister Theologiae - MTh
South Africa has progressed towards the realisation of an expressive culture of disclosure. Significant implementation and enforcement of the Protected Disclosures Act (26 of 2000 – hereafter referred to as “the Act” or “the PDA”) of South Africa has assisted to enforce the practices and protections provided in terms of the enabling laws and a societal culture which is receptive to and respectful of whistle blowers. This thesis seeks to make a contribution to the discourse on whistle blowing and the PDA from an ethical perspective, by means of using ethical concepts and analysing and discussing ethical dilemmas to provide a greater understanding of the real cases of whistle blowing that has occurred. Various aspects of whistle blowing are defined and reviewed with reference to Hans Jonas’s theory of an ethics of responsibility. One such aspect is the idea of collective responsibility as understood by Hans Jonas. Hans Jonas describes responsibility; in terms of the future responsibility present individuals have as a collective in order to ensure that the future human being are able to actively engage in the world with the same familiarities as is experienced today. This thesis will investigate, more specifically, the contribution made by Hans Jonas’s theory of responsibility in understanding the PDA in terms of an ethics of responsibility. The research question is posed and attempts to discuss and analyse whether Hans Jonas’s theory of an ethics of responsibility may help to identify, analyse and assess ethical issues embedded in the Protected Disclosures Act 26 of 2000.

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47

Sack, Fabian P. D. "A moral law for the jungle a Kantian exploration in corporate environmental ethics /". Access electronically, 2005. http://www.library.uow.edu.au/adt-NWU/public/adt-NWU20060731.153244/index.html.

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48

Sampath, Vijay S. "Determinants of the Invisible and Visible Hands of Punishment| An Examination of Corporate Bribery Prosecutions". Thesis, Pace University, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10973624.

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The purpose of this research is to examine how the market, or the invisible hand, and regulators, or the visible hand, penalize organizational misconduct through the imposition of reputational penalties and legal sanctions respectively. Reputational penalty measures market based losses a firm suffers when it engages in illegal behavior, causing its immediate stakeholders to change the terms of doing business. On the other hand, sanctions refer to the punishment provided by regulators for deviating from social norms and regulations. The aggregation of these two components reflects the total punishment for these transgressions. I develop a comprehensive model that estimates the total penalty and examines the determinants of each of its components.

I assess reputational penalties by conducting event study analyses on the population of public firms prosecuted for bribery under the Foreign Corrupt Practices Act from 1978 to 2010. The analyses show that these firms lost over $60 billion in market capital during this period. This translates to a reputational penalty of 83¢ for every dollar of share value loss; the remaining 17¢ represents the direct costs to the firm to manage the prosecution. Omission of reputational penalties in rational choice calculus underestimates bribery costs by 4.5 times. Drawing on organization stigma literature, I then explore the degree to which stigma is attached, diffused, or embedded in accounting systems. The combination of host country corruption stigma, involvement of compromised executives and corruption entrenchment in accounting systems explain variations in reputational penalty.

I also examine the hazard rate of recovery of firms’ reputational penalty following the occurrence of bribery events. Prior firm reputation affects the likelihood of recovery in a manner that it hinders recovery for firms with higher reputations than those with lower reputations. This suggests that deviant activity has greater repercussions for the former firms than the latter firms.

Under the sanctions model of punishment, I evaluate a process model of how firms regain legitimacy after allegations of misconduct. A new measure of sanctions is developed and tested. The results demonstrate that bribery misconduct is sanctioned according to its severity. Firms that internally investigate and terminate culpable employees are rewarded with lesser sanctions.

Overall, the experiences of firms prosecuted for corporate bribery suggest that firms should proactively institute corporate monitoring mechanisms to prevent criminal misconduct. My research has advanced current knowledge of punishment from corporate misconduct.

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49

Pavasant, Nopnuanparn. "Director's responsibilities : a study of Thai corporate governance and ethics". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hdl.handle.net/10722/197107.

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Corporate governance of Thailand has been developed and reformed, particularly after 1997 Asian financial crisis. However, problems regarding director’s responsibilities are still entrenched in company law and corporate practices. The challenges of Thai corporate governance on director’s responsibilities are found in the areas of director’s accountability and minority shareholders protection. Legal provisions on director’s fiduciary duties and director’s duty of care and skill are unable to regulate director’s misbehaviors. Directors are not fully aware of their proper responsibilities to the company. They tend to act for their own interest or interest of their group, the controlling shareholders. In addition, legal enforcement on director’s responsibilities is not effective in practice. Shareholders litigation or other actions against directors who are in breach of their duties is rare, though there is derivative action provided as remedy for minority shareholders. In finding solutions for those problems, all relevant aspects should be brought into consideration. Corporate governance on director’s responsibilities is related to law, business and ethics. Director’s responsibilities are matters concerning human conducts, actions, behaviors as well as practices. They are related to ethics of each company director and ethics of the board members as a whole. In addition to legal and business aspects, ethical aspect should also be considered in the reform of corporate governance on director’s responsibilities of Thailand. This thesis is the study of Thai corporate governance on director’s responsibilities and ethics in order to find appropriate ethical theory where good corporate governance principles will be built on. Among relevant ethical theories i.e. utilitarianism, Kantian ethics, virtue ethics and contractualism, virtue ethics of Aristotle is the most appropriate ethical theory to be applied to corporate governance on director’s responsibilities of Thailand. It is suitable for the nature of corporate governance on director’s responsibilities, the conditions underlying its problems, and the understanding and practices of people in Thai society. Virtues and means of virtue ethics should be applied as complements to fiduciary principles for enhancing director’s accountability. The doctrine of mean of virtue ethics should be applied as complement to derivative action for enforceability and effectiveness of minority shareholders protection. In this regard, some related regulations and codes of best practices will be prescribed by adopting appropriate virtues or means, and the relevant regulators i.e. the Securities and Exchange Commission (the SEC) and the Stock Exchange of Thailand (the SET) will be given authority to interpret and apply such regulations and codes of best practices on a case by case basis.
published_or_final_version
Law
Master
Doctor of Legal Studies

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50

Gonzalez, John. "Natural law a framework for the social justice process /". Online full text .pdf document, available to Fuller patrons only, 2001. http://www.tren.com.

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Tesi sul tema "Law and ethics"

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