Justice

Is there a Moral Problem with the Gig Economy?

by Roger Crisp

Nearly all of us have been involved with the so-called ‘gig economy’ in some way or other, whether by calling an Uber or by ordering a pizza via Deliveroo. Indeed my elder daughter was a ‘Roo’ for a while (not long, I’m glad to say), so I have had some insight, albeit vicarious, into what gig work is really like. But of course the gig economy has come under a lot of moral scrutiny in recent years – hence Dan Halliday’s fascinating and well attended New St Cross Special Ethics Seminar on Thursday 28 February. Continue reading

Oxford Uehiro Prize in Practical Ethics: Do Jurors Have a Moral Obligation to Avoid Deadlock?

This essay was the runner up in the undergraduate category of the 5th Annual Oxford Uehiro Prize in Practical Ethics

Written by University of Oxford student Angelo Ryu

1. Introduction

Many legal systems have juries decide cases of an especially grave nature. Because a jury consists of a group of individual jurors, they need a decision-making procedure before it may act. One such procedure is a voting rule: most require either unanimity or supermajority to deliver a verdict. An inability to do so results in a mistrial.

Mistrials are often treated as a sort of failure which ought to be avoided. To that end judges sometimes intervene if deadlock seems likely. In England there is the Watson direction, which refers to a collective obligation to return a verdict. The United States has the Allen charge, which informs jurors of a duty to agree upon a verdict, if possible.

These instructions are often criticised as an impermissible judicial intervention infringing on jury autonomy. At best they are treated as a sort of necessary evil, which must only be used in extraordinary cases. But I argue there is nothing objectionable about such instructions because they simply track the obligations already held by jurors. They serve an important function in informing jurors of their moral position. There may indeed be an imperative for legal systems without such recourse to implement one, as jurors may not always know the duties incumbent upon them in the exercise of their authority. But all this presumes that jurors face an obligation which mirrors these jury instructions. The aim of this essay is to defend that claim. Continue reading

Oxford Uehiro Prize in Practical Ethics: The Paradox of the Benefiting Samaritan

This essay was the winner in the Oxford Uehiro Prize in Practical Ethics Graduate Category

Written by University of Oxford student Miles Unterreiner

 

Question to be answered: Why is it wrong to benefit from injustice?

In the 2005 film Thank You for Smoking, smooth-talking tobacco company spokesman Nick Naylor (Aaron Eckhart) is charged with publicly defending the interests of Big Tobacco. Naylor is invited to a panel discussion on live TV, where he faces an unfriendly studio audience; Robin Williger, a 15-year-old cancer patient who has recently quit smoking; and anti-smoking crusader Ron Goode, who works for an organization dedicated to fighting tobacco consumption. Naylor boldly goes on the attack against Goode, accusing him and his organization of benefiting from the well-publicized deaths of lung cancer patients:

Naylor: The Ron Goodes of this world want the Robin Willigers to die.

Goode: What?

 Naylor: You know why? So that their budgets will go up. This is nothing less than trafficking in human misery, and you, sir, ought to be ashamed of yourself. Continue reading

Video Series: Tom Douglas on Using Neurointerventions in Crime Prevention

Should neurointerventions be used to prevent crime? For example, should we use chemical castration as part of efforts to prevent re-offending in sex offenders? What about methadone treatment for heroin-dependent offenders? Would offering such interventions to incarcerated individuals involve coercion? Would it violate their right to freedom from mental interference? Is there such a right? Should psychiatrists involved in treating offenders always do what is in their patients’ best interests or should they sometimes act in the best interests of society? Tom Douglas (Oxford) briefly introduces these issues, which he investigates in depth as part of his Wellcome Trust project ‘Neurointerventions in Crime Prevention’ (http://www.neurocorrectives.com).

In praise of ambivalence—“young” feminism, gender identity, and free speech

By Brian D. Earp (@briandavidearp)

* Note: this article was first published online at Quillette magazine.

Introduction

Alice Dreger, the historian of science, sex researcher, activist, and author of a much-discussed book of last year, has recently called attention to the loss of ambivalence as an acceptable attitude in contemporary politics and beyond. “Once upon a time,” she writes, “we were allowed to feel ambivalent about people. We were allowed to say, ‘I like what they did here, but that bit over there doesn’t thrill me so much.’ Those days are gone. Today the rule is that if someone—a scientist, a writer, a broadcaster, a politician—does one thing we don’t like, they’re dead to us.”

I’m going to suggest that this development leads to another kind of loss: the loss of our ability to work together, or better, learn from each other, despite intense disagreement over certain issues. Whether it’s because our opponent hails from a different political party, or voted differently on a key referendum, or thinks about economics or gun control or immigration or social values—or whatever—in a way we struggle to comprehend, our collective habit of shouting at each other with fingers stuffed in our ears has reached a breaking point.

It’s time to bring ambivalence back. Continue reading

Why is chemical castration being used on offenders in some countries?

Written by Dr Jonathan Pugh
This article was originally published on The Conversation
The answer for some. Shutterstock

Following a horrific act of sexual violence against a 14-year-old girl, the president of Indonesia, Joko Widodo, recently signed a decree into law, which, among other things, authorised the death penalty for convicted child sex offenders, and also the use of chemical castration of such offenders.

The main justification cited by Widodo was that castration would act as a deterrent. But how do such interventions fit in the criminal justice system? Are they likely to be successful? Continue reading

Should Rhodes stay or should he go? On the ethics of removing controversial statues

This is an unedited version of an article originally published by The Conversation.

Picture this: it’s 20 April 2021 and the charming Austrian village of Braunau am Inn – Hitler’s birth place – reveals a new statue of Adolf Hitler on the main square. In his inauguration speech, the mayor stresses that although Hitler obviously did many immoral deeds, he also achieved some good things, such as building motorways and railroads, and advancing rocket science. With the new statue, the village wishes to commemorate Hitler’s valuable contributions to Germany and Austria, contributions from which many still reap benefits.

If this scenario were to occur,[1] it would cause a public outcry. It would be considered offensive and disrespectful towards Hitler’s victims and their families. It would also be seen as conveying implicit approval or tolerance of the atrocities that were committed in his name, perhaps making the village authorities complicit in the continuing stigmatisation of those same groups targeted by Hitler. In no time, the village would succumb to the pressure to take it down.

If there are good reasons not to erect a statue of Hitler, are there also good reasons to remove existing statues that some find problematic, such as that of the controversial British imperialist Cecil Rhodes?

In January, after months of heated debate and Rhodes Must Fall activism, Oxford University’s Oriel College decided to leave a statue of Rhodes on his pedestal at the front of the college. But protests are continuing against Oriel’s decision – mixed in with calls to remove statues of other controversial imperialist figures. Continue reading

Oxford Uehiro Prize in Practical Ethics: “The Justice of Punitive Wars” written by Benjamin Koons

This essay received an Honourable Mention in the graduate category of the Oxford Uehiro Prize in Practical Ethics.

Written by University of Oxford, Oriel College student Benjamin Koons

  1. Introduction

Contemporary just war theory has largely abandoned punishment as one of the just causes for war, but I intend to show that if one accepts the justice of defensive wars then punitive wars are plausibly justified. I defend this thesis:

Punishment as Just Cause (PJC): It is a just cause for international treaty organization X to initiate a war with member-state Y so as to punish Y for an injustice against state Z. Continue reading

Does the desire to punish have any place in modern justice?

Professor Neil Levy, visiting Leverhulme Lecturer, University of Oxford, has recently published a provocative essay at Aeon online magazine:

Human beings are a punitive species. Perhaps because we are social animals, and require the cooperation of others to achieve our goals, we are strongly disposed to punish those who take advantage of us. Those who ‘free-ride’, taking benefits to which they are not entitled, are subject to exclusion, the imposition of fines or harsher penalties. Wrongdoing arouses strong emotions in us, whether it is done to us, or to others. Our indignation and resentment have fuelled a dizzying variety of punitive practices – ostracism, branding, beheading, quartering, fining, and very many more. The details vary from place to place and time to culture but punishment has been a human universal, because it has been in our evolutionary interests. However, those evolutionary impulses are crude guides to how we should deal with offenders in contemporary society.

Our moral emotions fuel our impulses toward retribution. Retributivists believe that people should be punished because that’s what they deserve. Retributivism is not the only justification for punishment, of course. We also punish to deter others, to prevent the person offending again, and perhaps to rehabilitate the offender. But these consequentialist grounds alone cannot justify our current system of criminal justice. We want punishments to ‘fit the crime’ – the worse the crime, the worse the punishment – without regard for the evidence of whether it ‘works’, that is, without thinking about punishment in consequentialist terms.

See here for the full article, and to join in the conversation.

Professor Levy has also written on this topic in the Journal of Practical Ethics; Less Blame, Less Crime? The Practical Implications of Moral Responsibility Skepticism.

Podcast: Justifications for Non-Consensual Medical Intervention: From Infectious Disease Control to Criminal Rehabilitation

Dr Jonathan Pugh’s St Cross Special Ethics Seminar on 12 November 2015 is now available at http://media.philosophy.ox.ac.uk/uehiro/MT15_STX_Pugh.mp3

Speaker: Dr Jonathan Pugh

Although a central tenet of medical ethics holds that it is permissible to perform a medical intervention on a competent individual only if that individual has given informed consent to that intervention, there are some circumstances in which it seems that this moral requirement may be trumped. For instance, in some circumstances, it might be claimed that it is morally permissible to carry out certain sorts of non-consensual interventions on competent individuals for the purpose of infectious disease control (IDC). In this paper, I shall explain how one might defend this practice, and consider the extent to which similar considerations might be invoked in favour of carrying out non-consensual medical interventions for the purposes of facilitating rehabilitation amongst criminal offenders. Having considered examples of non-consensual interventions in IDC that seem to be morally permissible, I shall describe two different moral frameworks that a defender of this practice might invoke in order to justify such interventions. I shall then identify five desiderata that can be used to guide the assessments of the moral permissibility of non-consensual IDC interventions on either kind of fundamental justification. Following this analysis, I shall consider how the justification of non-consensual interventions for the purpose of IDC compares to the justification of non-consensual interventions for the purpose of facilitating criminal rehabilitation, according to these five desiderata. I shall argue that the analysis I provide suggests that a plausible case can be made in favour of carrying out certain sorts of non-consensual interventions for the purpose facilitating rehabilitation amongst criminal offenders.

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