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Added by: Simon Fokt
Abstract: Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall on the governments of developed economies. Second, by extending Rawls’s account to include a right to protection against arbitrary interference, the paper argues that TNCs can be said to have negative and positive obligations in the areas of human rights, labor standards, and environmental protection, as outlined in the U.N. Global Compact. More generally, the paper aims to further our understanding of the implications of Rawls’s account of justice.Hsin-wen, Lee. Does the death penalty only deter ‘rational’ people?2018, Delaware State News-
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Added by: Clotilde Torregrossa, Contributed by: Hsin-Wen Lee
Abstract: I argue that the death penalty has only limited deterrent effect. It cannot deter three types of offenders: (1) those who do not fear death; (2) those who are not rational and cannot take into consideration the consequences of their actions; (3) those who are confident that they won't be caught. Thus, in order to deter potential murderers, we must consider new ways to deter these three types of offenders.Comment: The article is written for for a general audience. It considers the deterrence argument in favor of the death penalty. It should be useful for GE courses that cover the topic of the death penalty.
Hsin-wen, Lee. Taking Deterrence Seriously: The Wide-Scope Deterrence Theory of Punishment2017, Criminal Justice Ethics 36 (1):2-24.-
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Added by: Clotilde Torregrossa, Contributed by: Hsin-Wen Lee
Abstract: A deterrence theory of punishment holds that the institution of criminal punishment is morally justified because it serves to deter crime. Because the fear of external sanction is an important incentive in crime deterrence, the deterrence theory is often associated with the idea of severe, disproportionate punishment. An objection to this theory holds that hope of escape renders even the severest punishment inapt and irrelevant.This article revisits the concept of deterrence and defend a more plausible deterrence theory of punishment - the wide-scope deterrence theory. The wide-scope theory holds that we must make the best use of all the deterrence tools available, including both external and internal sanctions. Drawing on insights from the early Confucian tradition, the article develops a deep deterrence theory, which holds that the most important deterrence tool involves internal, not external, sanction. It describes how internal sanctions deter potential offenses and why relevant policies need not conflict with liberalism's respect for neutrality.Comment: This text can be used in courses such as Philosophy of Law and/or Social and Political Philosophy.
Humphreys, Rebekah. The Argument from Existence, Blood-Sports, and ‘Sport-Slaves’2014, Journal of Agricultural and Environmental Ethics, 27 (2): 331-345-
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Added by: Björn Freter, Contributed by: Rebekah Humphreys
Abstract: The argument from existence is often used as an attempted justification for our use of animals in commercial practices, and is often put forward by lay-persons and philosophers alike. This paper provides an analysis of the argument from existence primarily within the context of blood-sports (applying the argument to the example of game-birding), and in doing so addresses interesting and related issues concerning the distinction between having a life and living, or worthwhile life and mere existence, as well as issues surrounding our responsibilities to prospective and actual beings. However, my analysis of the argument will go beyond the animal ethics context; it is important that it does so in order to reveal the troublesome implications of the argument and to highlight the sorts of unethical practices it supports. In particular, in applying the argument to a relevant example concerning human beings, I will discuss how the argument from existence could be used to justify the ownership of slaves who were reared for slavery. My objective is to show just how problematic the argument from existence is, with the aim of laying the argument to rest once and for all.
Comment: This article would be useful in teaching the following areas: animal ethics, environmental ethics, certain sophisms (in relation to our use of animals in exploitative practices) ethics of bloodsports, issues of equality, speciesism, future creatures and their existence. This article would be useful in teaching the following areas: animal ethics, environmental ethics, certain sophisms (in relation to our use of animals in exploitative practices) ethics of bloodsports, issues of equality, speciesism, future creatures and their existence.
Humphreys, Rebekah. Game Birds: The Ethics of Shooting Birds for Sport2010, Sport, Ethics and Philosophy 4 (1): 52-65-
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Added by: Björn Freter, Contributed by: Rebekah Humphreys
Abstract: This paper aims to provide an ethical assessment of the shooting of animals for sport. In particular, it discusses the use of partridges and pheasants for shooting. While opposition to hunting and shooting large wild mammals is strong, game birds have often taken a back seat in everyday animal welfare concerns. However, the practice of raising game birds for sport poses significant ethical issues. Most birds shot are raised in factory-farming conditions, and there is a considerable amount of evidence to show that these birds endure extensive suffering on these farms. Considering the fact that birds do have interests, including interests in life and not suffering, what are the ethical implications of using them for blood sports? Indeed, in the light of the suffering that game birds endure in factory farms, it may be that shooting such birds for sport is more morally problematic than other types of hunting and shooting which many people are often fiercely opposed to, for while it seems plausible to say that some animals may be harmed more by death than others (due to, say, their greater capacities), there may be harms that are worse than death (such as a life of intolerable suffering). The objective of this paper is to assess the ethics of shooting animals for sport, and in particular the practice of raising game birds for use in blood sports, by applying principles commonly used in ethics; specifically the principle of non-maleficence and equal consideration of (like) interests
Comment: In the light of evidence of the appalling suffering of birds bred for bloodsports in the UK, this paper provide an ethical analysis of bloodsports by drawing on key principles in medical ethics and ethics more generally.
Humphreys, Rebekah. Games, Fair-Play and a Sporting-Chance: A Conceptual Analysis of Blood-Sports2020, Yearbook of the Irish Philosophical Society, 2017/18: Special Edition: Humans and Other Animals, 96-114-
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Added by: Björn Freter, Contributed by: Rebekah Humphreys
Abstract: The killing of Cecil the lion in 2015 by a trophy hunter sparked a global debate regarding the killing of lions for ‘sport’. While many were outraged by Cecil’s killing, Cecil was just one of the millions of animals that have been used in the sports-shooting industry. Cecil’s killing brings with it the question of whether so-called ‘blood sports’ (whether these involve killing big game or smaller animals) are actually ‘sports’ at all, in the ordinary sense. As such, this paper aims to provide an analysis of blood-sport as a concept. The objective will be to examine whether blood-sports are games and to analyse to what extent, if any, blood-sports can be called ‘sports’ properly. Such an analysis will be presented through employing a generalised notion of sport and through a discussion of fair-play. Pace S. P. Morris (2014) who argues that hunting which incorporates a fair-chase code is a game and a sport, this current paper concludes that it is doubtful that blood-sport is a game, and that even if one assumes that it is a game, it cannot be classed as sport, and further that any fair-chase code undermines itself in the context of so-called ‘blood-sports’.
Comment: Basis for a good debate on issues surrounding the ethics of bloodsport and 'bloodsport' as a concept. Is' bloodsport' actually 'sport', for example, in the ordinary sense of the term?
Humphreys, Rebekah. Philosophy, ecology and elephant equality2020, Animal Sentience: An Interdisciplinary Journal on Animal Feeling, 28 (11), 2020, 1-4-
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Added by: Björn Freter, Contributed by: Rebekah Humphreys
Abstract: The considerable conservation research on environmental problems and climate change tends to focus on species “biodiversity” rather than individuals. Individuals of the same species get categorized as “wild” or “captive”, with the latter often omitted from conservationists’ concerns. But wild and captive animals, although they may require different treatment, have comparable interests as individuals. Equity requires taking this into account in conservation efforts.
Comment: Good for teaching issues concerning animal sentience, equality, conservation, preservation (particularly in relation to elephants), and environmental ethics and animal ethics issues more generally.
Hurd, Heidi. The Moral Magic of Consent1996, Legal Theory 2(2): 121-146.-
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Added by: Carl Fox
Abstract: We regularly wield powers that, upon close scrutiny, appear remarkably magical. By sheer exercise of will, we bring into existence things that have never existed before. With but a nod, we effect the disappearance of things that have long served as barriers to the actions of others. And, by mere resolve, we generate things that pose significant obstacles to others' exercise of liberty. What is the nature of these things that we create and destroy by our mere decision to do so? The answer: the rights and obligations of others. And by what seemingly magical means do we alter these rights and obligations? By making promises and issuing or revoking consent When we make promises, we generate obligations for ourselves, and when we give consent, we create rights for others. Since the rights and obligations that are affected by means of promising and consenting largely define the boundaries of permissible action, our exercise of these seemingly magical powers can significantly affect the lives and liberties of othersComment: Good introduction to the topic of consent as it makes clear both how strange it is as a power and how pervasive it is in our moral practices. Goes on to provide an interesting argument for consent as a subjective mental state and offers an account of what that might be. Could support a lecture or seminar on consent, or would make good further reading if the topic is only touched on briefly.
Hurley, Susan. Luck and Equality2001, Proceedings of the Aristotelian Society Supplementary Volume 75: 51-72.-
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Added by: Simon Fokt
Abstract: I argue that the aim to neutralize the influence of luck on distribution cannot provide a basis for egalitarianism: it can neither specify nor justify an egalitarian distribution. Luck and responsibility can play a role in determining what justice requires to be redistributed, but from this we cannot derive how to distribute: we cannot derive a pattern of distribution from the 'currency' of distributive justice. I argue that the contrary view faces a dilemma, according to whether it understands luck in interpersonal or counterfactual terms.Comment: Useful as further reading on distributive justice, especially in connection to Ronald Dworkin's resource-egalitarian theory and Gerald Cohen's egalitarianism.
Hursthouse, Rosalind. Beginning lives1987, Oxford: Basil Blackwell.-
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Added by: Simon Fokt
Back matter: In this text book Rosalind Hursthouse examines the complex questions surrounding the morality of abortion. Beginning by discussing the moral status of the foetus, she outlines and criticizes the main philosophical liberal positions on abortion, discussing alsl their bearing on the related issues of ifanticide, foetal research, surrogacy, murder and our treatment of animals. In place of the currently prevailing positions, the author offers a novel approach to these issues based on the recently revived theory of neo–Aristotelianism which emphasizes moral virtues and vices. A central element of Beginning Lives is its emphasis on the special nature of abortion: its unique relation to the facts of women′s pregnancies and hence to our attitudes to childbearing, motherhood, maturity and sexual relations.Comment: The first chapters provide an excellent overview of the main topics in the abortion debate. Chapter 3 is particularly useful in teaching, as it offers a response to personhood accounts - it can be used in conjunction with Tooley's 'Abortion and Infanticide' (1972). Chapter 5 presents an in-depth discussion of women's rights and is useful in teaching on ethical issues related to abortion, but can also provide excellent support for teaching about feminism or human rights in general.
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Hsieh, Nien-he. The Obligations of Transnational Corporations: Rawlsian Justice and the Duty of Assistance
2004, Business ethics quarterly, 14 (4), pp. 643-661.
Comment: This paper is particularly useful in teaching on international business ethics and as further reading on Rawls. It also offers interesting insights into wider issues related to duty of assistance and moral relativism.