Principles Of Duty Research Articles

Data protection and the internet: irreconcilable opposites? The EU Data Protection Reform Package and CJEU case law

The decision came unexpectedly and dropped like a bomb. After data protection experts had spent years in a mostly futile battle for improvements in data protection at internet giants such as Google and Facebook, aid has now come from the Court of Justice of the European Union (CJEU). In Google Spain and Google v AEPD the CJEU for the first time affirmed that search engine operators are obliged to remove links to websites with contents that violate data privacy rights. The case referred for a preliminary ruling concerned links to online pages of a daily newspaper published 16 years ago and containing classified adverts which, while mentioning the name of the person concerned, related to the auction of a plot of land in connection with attachment proceedings relating to social security debts. The CJEU proceeded on the assumption that, as a matter of principle, owing to the ubiquitous nature of the internet and the potential for compiling detailed personal profiles via search engine queries, the fundamental rights to respect for personal privacy and the protection of personal data take priority over the financial interests of the search engine provider as well as the interest of the general public in finding the information in a search conducted on the basis of the name of the person concerned. The decision suddenly moved the problems of data privacy protection and search engine operation into the public eye. Whereas search engines were long considered to be access providers within the context of liability, merely arranging for access to contents, the CJEU emphasized the freedom enjoyed by search engines and, contrary to the opinion of the Advocate General, assumed the capacity as “data controller” instead of a mere “data processor”. Similarly, in its “Autocomplete” decision the German Federal Court of Justice considered search engines to be providers of their own information (s 7, German Telemedia Act (TMG)) and affirmed a verification obligation of the search engine operator in a specific case within the context of the principles of duties of care (Storerhaftung). In the field of information science the independent role of search engines has long since been discussed under the catchword “gatekeeper”. It now appears that the courts increasingly impose obligations on search engines in view of their pivotal function in searching for information on the internet. Criticism has already been voiced that the CJEU—diverging from the earlier Lindqvist decision—has principally established the priority of data privacy rights over the interest of the general public in obtaining information, priority which gives rise to different legal situations in the online world vis-a-vis the offline world as regards the right to be forgotten.

What Does Professionalism Mean to the Physician?

Re: Kanter MH, Nguyen M, Klau MH, Spiegel NH, Ambrosini VL. What does professionalism mean to the physician? Perm J 2013 Summer;17(3):87-90. DOI: http://dx.doi.org/10.7812/TPP/12-120 Dear Editor, Thank you for publishing the commentary “What Does Professionalism Mean to the Physician?” in the Summer 2013 issue of The Permanente Journal. I agree that the core principles of professionalism include excellence, accountability, altruism, humanitarianism, respect for others, honor, and integrity. I would like to suggest that “duty” be considered as an additional core principle of professionalism. One could argue that duty is already incorporated into the existing core principles of professionalism. However, as a separate core principle, duty would weave a deontologic thread into the fabric of professionalism. According to Merriam-Webster’s Collegiate Dictionary, deontology is “the theory or study of moral obligation.”1 The root of the word, deon, is Greek, which means “duty,” according to Stanford Encyclopedia of Philosophy.2 By including a deontologic thread into the fabric of professionalism, it acknowledges that physicians are driven by a sense of duty to their patients, their organization, and their communities. In fact, when other core principles of professionalism have failed, it is often the principle of duty that the physician must depend upon in order to continue her or his work. Once again, thank you for the excellent commentary.

A Punishment on the Nation: An Iowa Soldier Endures the Civil War by Ed. Brian Craig Miller (review)

Reviewed by: A Punishment on the Nation: An Iowa Soldier Endures the Civil War by Ed. Brian Craig Miller Kathryn Shively Meier A Punishment on the Nation: An Iowa Soldier Endures the Civil War. Ed. Brian Craig Miller. Kent, OH: Kent State University Press, 2012. ISBN 978-1-60635-144-4, 224 pp., cloth, $45.00. Brian Craig Miller has compiled more than two hundred letters from Pvt. Silas W. Haven of the 27th Iowa Infantry, dated 1861–65. Haven’s regiment engaged in Indian negotiations in Minnesota and campaigns in Tennessee, Arkansas, Alabama, and Mississippi. The private largely avoided combat, but there is much in his detailed letters to excite social historians and the popular audience of published soldier accounts. Haven lived in New England before settling in Iowa at age twenty-eight with his wife and children. He was an older enlistee, at age thirty-six, and his decision to leave home proved agonizing, pitting his commitment to family against principles of duty and honor. He was starkly clear, even in February 1862, that he hoped the war would deal a “death blow” to “slavery” (10). His ideological portrait is an important reminder of the need to dissociate soldier attitudes toward slavery from race. Though Haven deemed slavery a profound national sin, his callous, almost scientific observations of African Americans remained unchanged by those he met. Haven stereotyped “darkies” as “great on stealing,” and despite noting the high mortality rates of smallpox-infested contraband camps, he expressed no sympathy for the plights of their inhabitants (140). His contempt for slavery was instead grounded in Free Soil ideology. At war’s end, he imagined southerners would achieve “a prosperity never attained by them before … as they will enjoy the blessing of free labor” (179). Some of the most interesting letters depict noncombatants, such as Chippewa Indians, southern women, ailing refugees, and guerrillas (for whom Haven advocated execution without trial). Meanwhile, the portrait of his family in Iowa—involving a traumatic litany of his children’s illnesses—suggests the home front could be almost as deleterious to one’s health as war. Other topics include Haven’s two-year battle with diarrhea, the tedium of picket duty, his fascinating pursuit of natural relics, and his continual longing for a furlough. Miller has serviceably edited this collection. Yet so many of Haven’s letters resonate with recent social histories on environment, medicine, and manhood that more attention to social rather than military context would have been illuminating. The collection remains worth reading, however, because it provides a window into the universal common soldier experience—that of grinding illness and expansive tedium. Kathryn Shively Meier Virginia Commonwealth University Copyright © 2013 The Kent State University Press

Ethical Issues in Development Communication

ABSRACT This paper reviewed ethical issues in the development communication in Nigeria. The media being portrayed as societal agents of dissemination of information by which people shape their opinions, ideals and expected to operate within the purvey of its ethical code have been criticized for falling below societal expectation that Johnson (1997) termed as “the seven deadly sins of the media” .This paper is motivated by the need to correct these ethical anomalies. The study was descriptive, made use of content analysis and data sourced from the secondary sources. The study found that the Nigerian media is corrupt and noticeable diverse unethical conducts among the professionals was observed. The study concludes that the media have a moral duty and awesome responsibilities in spite of the various legal restraints to serve as societal agents of positive change and social realities. It recommends the use of moral reasoning and principles of duty as the guideposts upon which ethical and worthwhile practice of the media revolves. It solicits for the unalloyed cooperation and strong relationship among the stake holders in the media business – Government, Proprietors, Society and a host of others. Media organisations should strive to implement policies that present moral and ethical values as part of their corporate culture.

Challenge and Contribution of Cultural Psychology to Empirical Legal Studies

Empirical legal studies can benefit from the research findings of cultural psychology to understand the fundamental principles of law. Research findings in cultural psychology have shown that Eastern Asian cultures and North American cultures differ significantly in value orientations, moral judgments and cognitive styles. East Asian values emphasize collectivism and North American values emphasize individualism. East Asians moral reasons are centered on the principles of duties and responsibilities whereas North American moral reasons are centered on the principles of autonomy and justice. East Asian cognitive styles tend to be more holistic, focusing on context, backgrounds and relations and the North American cognitive styles tend to be more analytic, focusing on objects, categories and dispositions. Such cultural differences have profound implications in legal understanding and legal practices, as laws are human machinery and are subject to the influence of human values, moralities and cognition. Mounting evidence in cross-cultural legal studies has shown East and West differences in causation inquiry, responsibility judgments, contract formation and mediation practices. Research indicates that East Asian causal reasoning is less likely to make the fundamental attribution error as North Americans do. East Asians’ responsibility judgments, compared with North Americans’, involve more contextual information (such as moral judgments) than the law actually warrants. East Asians’ contract formation may be more based on relational obligations than the North Americans’, which are rule based. The compensation judgments by East Asians appear to be based on the consequence whereas judgments made by North Americans seem to be based on intention judgments. East Asians also prefer mediation in conflict resolutions while North Americans prefer litigation in conflict resolutions. We argue that these differences could influence people’s understanding, construction and use of laws in fundamental ways. As the law attempts to further understand people, and as theorists continue to evaluate how human life and law influence each others, scholars in both psychology and law must challenge themselves to reflect on the law’s substantive and procedural standards being applied in different cultural groups.. We hope our paper can generate enough interests among Chinese psychologists and legal scholars to start the journey towards finding solutions that both considers cultural psychology’s empirical findings and effectuates our legal ideals. The cross-culture empirical legal studies hence not only provide a new paradigm for legal scholarship but also provide theoretical guidance for advancing Chinese legal studies in global stages as well as in resolving international legal disputes between people from China and other countries.

Quest for Administrative Ethics in <i>An Enemy of the People</i>

This article is related to the ethical problem that is faced by a public servant in his organization. It focuses on relevant ideas, such as definition and components of administrative ethics. The attempt is to find out an answer to the question: What would be the responsibility of a public servant? In order to spell out the answer to this question, the article focuses on some ideas such as virtue ethics, principle of duty, problem solving model and some form of democratic model. As a case study, I have chosen a play of Henerik Ibsen’s: An Enemy of the People. It also examines the concept of whistle blowing in the context of the play.

Liability Exposure for Surgical Robotics Instructors

Surgical robotics instructors provide an essential service in improving the competency of novice gynecologic surgeons learning robotic surgery and advancing surgical skills on behalf of patients. However, despite best intentions, robotics instructors and the gynecologists who use their services expose themselves to liability. The fear of litigation in the event of a surgical complication may reduce the availability and utility of robotics instructors. A better understanding of the principles of duty of care and the physician-patient relationship, and their potential applicability in a court of law likely will help to dismantle some concerns and uncertainties about liability. This commentary is not meant to discourage current and future surgical instructors but to raise awareness of liability issues among robotics instructors and their students and to recommend certain preventive measures to curb potential liability risks.

Kantian Ethics and Economics: Autonomy, Dignity, and Character (review)

Reviewed by: Kantian Ethics and Economics: Autonomy, Dignity, and Character Ivan A. Boldyrev Mark D. White. Kantian Ethics and Economics: Autonomy, Dignity, and Character. Stanford, CA: Stanford University Press, 2011. Pp. xi + 270. Cloth, $55.00. This remarkable book provides a new ethical perspective for economics based on Kantian ethics of autonomy and dignity. There are two main messages in it that I find particularly important. First, Mark White derives from Kant the idea of irreducible moral principles that govern the behavior of economic agents independently of welfarist and, more generally, consequentialist concerns. These principles of duty and the “incomparable worth” (21) of human dignity, as well as justice or rights, may not be economically traded off against some other motivations; hence, they simply evade economic reasoning altogether. Second, White endorses a version of libertarian Kantianism that treats people as individuals in essence (“autonomous”) and social in orientation (respecting the rights and the choices of the others). In discussing individualism, White attacks the conventional wisdom of economics and claims that preferences alone do not account for the identity of individuals [End Page 298] in space and time, although their unique characters do. Persons should be given free choice (absent in deterministic rational-choice models) and hence responsibility for their choices that incorporates the social factors in decision-making. However, White never mentions the almost insurmountable difficulties associated with fleshing out the truly individual features of a given person. Although he allows for a person’s identity and character changing over time, he does not recognize that character itself is in many respects a social construction. White criticizes paternalistic economic policies that suggest manipulating choice environments in order to follow the “true” preferences of the individuals. Instead, real consent, as satisfying both relevant preferences and principles (e.g. rights and human dignity), is, in his view, the sole criterion for justifying particular policy measures—not Pareto-efficiency or Kaldor-Hicks compensation. Economists’ obsession with efficiency leading to the misconceived notions such as “efficient level of crime” or “manageable level of terrorism” is also severely criticized. For White, the most popular formalistic version of the categorical imperative is less important than the other two—prohibiting treating other people simply as means and instituting the “Kingdom of Ends.” Formalism is reserved merely for the negative evaluation of actions and providing strict perfect duties that give clear guidance concerning what should not be done. White’s “Kantian-economic” model of decision-making incorporates perfect duties as constraints, and imperfect (positive) duties as preferences. He also stresses that for Kant, duties derived from the imperative depend on empirical knowledge, the context of decision-making, and judgment as a unique personal interpretation of the moral law. He further emphasizes the intersubjective role of Kantian morality: moral law should be universalizable to all rational persons (the “Kingdom of Ends” formula of the imperative), whereas rationality means not just following the patterns of behavior developed in the preference-oriented choice model, but rather acting on one’s beliefs and desires or choosing not to follow them, thus exhibiting genuine autonomy. The new and important contribution to the discussion is an explicit treatment of will as an inner faculty that, together with judgment, constitutes a person’s character or “self,” and helps to overcome the mere inclination to follow duty. Will is the missing link between decision and action and should be “well-trained” for bringing about true morality. The book is clearly written, and the author has upheld the interdisciplinary appeal of the topic, demonstrating an outstanding knowledge of the vast literature on ethics (both Kantian and not) and economics. White’s emphasis on the irreducibility of moral principles is absolutely relevant for current economic and political debates. However, some reservations are in order. There is an ambiguity concerning the status of his analysis. If in its positive aspect White’s recommendations for economists is to accept the Kantian vision of morality, then almost no arguments are given for this, and his modifications of the standard choice model are introduced in an ad hoc manner, just to reconcile it with the Kantian framework. Are an individual’s decisions to act on principles and to overcome mere inclinations really...

On the optimality of a duty-to-rescue rule and the cost of wrongful intervention

In common law legal systems, there is no legal duty to rescue persons in danger. By contrast in code-based legal systems, the principle of duty to rescue does apply. What is behind this difference? To answer this question, we develop a new model extending the reach and strength of the standard civic duty game by taking into account the cost of wrongful intervention. We use this model to analyze and compare three policy options: doing nothing, adopting a duty-to-rescue rule, and encouraging would-be rescuers. We show that a duty-to-rescue rule is more likely to be welfare enhancing when the cost of inappropriately intervening is low, and that, in certain cases, encouraging would-be rescuers is preferred by a representative citizen to both a duty-to-rescue rule and no-rule. Finally, we offer an explanation for the choices made in the USA and France as to whether to use rescue laws.

Theory of protective empowering for balancing patient safety and choices

Registered nurses in psychiatric-mental health nursing continuously balance the ethical principles of duty to do good (beneficence) and no harm (non-maleficence) with the duty to respect patient choices (autonomy). However, the problem of nurses' level of control versus patients' choices remains a challenge. The aim of this article is to discuss how nurses accomplish their simultaneous responsibility for balancing patient safety (beneficence and non-maleficence) with patient choices (autonomy) through the theory of protective empowering. This is done by reflecting on interview excerpts about caring from 17 registered nurses taking part in a grounded theory study conducted in three acute urban psychiatric hospital settings in Canada. The interplay between the protective and empowering dimensions of the theory of protective empowering was found to correspond with international, national, and local nursing codes of ethics and standards. The overall core process of protective empowering, and its associated reflective questions, is offered as a new lens for balancing patient safety with choices.

Beyond Duty and Virtue in Design Ethics

Introduction An important issue concerning design ethics is the nature of the moral character of the designer.1 Ethics in the disciplines of design has essentially been articulated around notions of duty and virtue,2 which correspond broadly to Kantian and Aristotelian views respectively.3 These in turn belong to two general conceptions of ethics, namely imperative and attractive moralities.4 The imperative view refers to the principles of duty and universal law achieved through reason and to which one must obey in all circumstances. This is, for instance, what Kant calls the categorical imperative. Most professional codes of ethics and practice in design disciplines belong to that tradition. Virtue ethics is the practice of one’s virtues that leads to the perfection of moral character, which implies that the character of the individual is somehow a fixed attribute or an objective feature.5 It is in opposition to these conventional conceptions of the imperative principle of duty and universal law, on the one hand, and of virtue ethics which treats a person’s character as a collection of objective facts, on the other hand, that Sartre’s view of human freedom and ethics has to be seized as a possible foundation for design ethics. Indeed, Sartre provides a radically different perspective on the nature of human character. A conception of design ethics based on a Sartrean existentialist conception of human reality may offer a particularly enlightening and useful perspective on the nature of the moral character of the designer and therefore a ground for design ethics. In a Sartrean perspective, cause and motive6 (reason and emotion) cannot provide a definitive basis for the action of the individual in the pursuit and justification of moral duty or moral virtue. Cause and motive are to be placed in relation to a much more basic reality, namely the freedom of the individual. Indeed, the designer confronting a moral choice is free to choose, and by making a free choice he/she is creating his/her existence.7 According to Sartre, the ”authenticity” with which the individual faces his/her freedom is the primary criterion for judging actions as ethically good or bad. Thus, if the designer’s moral character (i.e., authenticity) has meaning in a Sartrean perspective, it is to be found not in instrumental reason but in being reflectively conscious of his/her human condition and acknowledging and accepting his/her freedom. For

Validating the enforcement of access control policies and separation of duty principle in requirement engineering

Validating the compliance of software requirements with the access control policies during the early development life cycle improves the security of the software. It prevents authorizing unauthorized subject during the specification of requirements and analysis before proceeding to other phases where the cost of fixing defects is augmented. This paper provides a logical-based framework that analyzes the authorization requirements specified in the Unified Modeling Language (UML). It ensures that the access requirements are consistent, complete and conflict-free. The framework proposed in this paper is an extension to AuthUML framework. We refine AuthUML and extend it by expanding its analysis to validate the enforcement of the Separation of Duty (SoD) during the requirement engineering. We enhance and extend AuthUML with the necessary phase, predicates and rules. The paper shows the various types of SoD and how each type can be validated. The extension shows the flexibility and scalability of AuthUML to validate new policies. Also, the extension makes AuthUML spans to different phases of the software development process that widen the application of AuthUML.

The fourth attempt to construct a politics of welfare obligations

English Since the 1980s there have been three influential attempts to ground citizenship on the principles of duty, obligation and responsibility: conservative, communitarian and Third Way. Each of these is reviewed in the article. The principal task of this article, however, is to examine the emergence of a fourth attempt, which, by relating duty to equality through the principle of reciprocity, represents a synthesis of traditional social democracy with the new politics of obligation. Our focus will be on The civic minimum by Stuart White, since this is arguably the most cogent expression of dutybased egalitarianism to have emerged in recent years.

Ethics of healthcare research in developing countries

Ethics of healthcare research in developing countries

Promises under Fire

Thomas Scanlon’s account of the obligation to keep a promise, which he presents in chapter 7 of his book, What We Owe to Each Other, has reinvigorated philosophical debate about the nature and grounds of this obligation. In the chapter’s introduction, Scanlon acknowledges the attractiveness of accounts like Hume’s and Rawls’s, on which the existence of social conventions that constitute the practice of promising is essential to generating the obligation to keep a promise. Although he once accepted these accounts, Scanlon no longer thinks they provide the best explanation of the wrong that one does when one wrongfully breaks a promise. A better explanation, he believes, is provided by an account of the obligation on which it is generated by a principle of duty that does not presuppose the existence of any social convention. My own belief is contrary to Scanlon’s. Hume’s account, I think, provides the better explanation. In this article I argue for seeing Hume’s account as superior. My argument begins obliquely—and some might think perversely—with sympathetic consideration of Hobbes’s account of promises.

The principle of duty: an essay on the foundations of the civic order

The author stakes out the ground of new politics and ethics founded not upon rights but upon duties: the duties of the citizen to society and of society to the citizen.

A Kantian Intuitionism

Kant famously said that one could not do morality a worse disservice than to derive it from examples, and this pronouncement, taken together with his formulations and explanations of the categorical imperative, has led some critics to regard him as too abstract. Ross, by contrast, has been widely viewed as taking individual cases of duty to have a kind of epistemic priority over principles of duty, and some of his critics have thus considered him insufficiently systematic, or even dogmatically limited to deliverances of intuition. This paper arises from the conviction that understanding of the categorical imperative may be enhanced by reflection on Rossian principles, and conversely. Kant and other systematic philosophers who have done moral philosophy in the grand style have had too little faith in intuitive singular moral judgement; Ross and other intuitionists have had too little faith in comprehensive moral theory. Drawing in part on an independent account of self‐evidence and its relation to intuition, the paper shows how a Rossian view can be integrated with a Kantian moral theory in a way that yields the major benets of both positions: the moral unication possible through the categorical imperative and other notions prominent in Kantian ethics, and the relative closeness to moral practice of Rossian principles.

Of ethics committees, protocols, and behaving ethically in the field: a case study of research with elderly residents in a nursing home.

In this paper we discuss differing discourses of research ethics committees and the clinical research field. Reflections on our experience of conducting research in a nursing home are used to highlight the tensions and inconsistencies that arise from these discourses and the need to behave ethically in the field. While accepting the need for adherence to guiding principles of duty based ethics, we have found that practical moral decisions in the field required that, as individual researchers, we needed to exercise discretionary judgement, informed by the ethic of care and the concern for the well-being of research participants.

Jacobitism and the English People, 1688-1788.

List of plates List of maps, tables and graph Note for reader Acknowledgments List of abbreviations Introduction: defining Jacobitism Part I. Jacobite Rhetoric: 1. Laws of man and God: the moral foundations of Jacobite political argument 2. Jemmy's the lad that is lordly: popular culture and Jacobite verse 3. Look, love and follow: images of the last Stuarts in Jacobite art Part II. Structures of Jacobitism: 4. Jacobite underworlds: the practice of treason 5. Religion and loyalty: Jacobitism and religious life Part III. Popular Jacobitism 6. The torrent: riots and demonstrations, 1688-1715 7. The day will be our own: the tradition of Jacobite protest, 1715-80 8. All for the lawful heir? the problem of Jacobite seditious words Part IV. Two Faces of Treason: 9. Lives of the gentry: Jacobitism and the landed elite 10. By a principle of duty: the Jacobite rebels Conclusion: Jacobitism in history Bibliography Index.

American Traits and Principles

nak's Dr. Zhivago bring this out explicitly as the principle of duty, which is plainly beyond ethics. There is a very real difference between ethical action and value-realizing action. There are two sets of moral rules: ethical imperatives and value-imperatives. The communists are correct in supposing this. And it is true that, in special cases, the two may conflict. But communists are wrong in supposing that duty is determined only or even mainly by the latter. Our critically important task at present, as philosophers of East and West, is to seek a formula of Duty defined by both sets of imperatives, while recognizing the possibility of a real agonizing conflict between them in concrete cases. HERBERT W. SCHNEIDER