On the Wrongness of Lies

2021 ◽  
pp. 019145372110402
Author(s):  
Cass R. Sunstein
Keyword(s):  
Constitutional Law ◽  
Harm Principle ◽  
Individual Autonomy ◽  
The Family ◽  
Kantian View ◽  
The Liar

Why are lies wrong? The Kantian answer sees lies as a close cousin to coercion; they are a violation of individual autonomy and a demonstration of contempt. By contrast, the utilitarian answer is that lies are likely to lead to terrible consequences, sometimes because they obliterate trust, sometime because they substitute the liar’s will for that of the chooser, who has much better information about the chooser’s welfare than does the liar. The utilitarian objection to paternalistic lies is akin to the utilitarian embrace of Mill’s Harm Principle. It is possible to see the Kantian view as a kind of moral heuristic, welcome on utilitarian grounds. The Kantian and utilitarian objections to lying have implications for the family, the workplace, advertising, commerce, and politics, and also for constitutional law.

Ethics

Liars ◽  
2021 ◽  
pp. 19-38
Author(s):  
Cass R. Sunstein
Keyword(s):  
Constitutional Law ◽  
Harm Principle ◽  
Individual Autonomy ◽  
The Family ◽  
Kantian View ◽  
The Liar

Why are lies wrong? The Kantian answer sees lies as close cousins to coercion; they are a violation of individual autonomy and a demonstration of contempt. By contrast, the utilitarian answer is that lies are likely to lead to terrible consequences, sometimes because they obliterate trust, sometimes because they substitute the liar’s will for that of the chooser, who has much better information about the chooser’s welfare than does the liar. The utilitarian objection to paternalistic lies is akin to the utilitarian embrace of Mill’s Harm Principle. It is possible to see the Kantian view as a kind of moral heuristic, welcome on utilitarian grounds. The Kantian and utilitarian objections to lying have implications for the family, the workplace, advertising, commerce, and politics, and also for constitutional law.

基於儒家家庭本位思想的知情同意原則的思考

2013 ◽  
Vol 11 (1) ◽  
pp. 33-44
Author(s):  
Xiangjin KONG ◽  
Mingjie ZHAO
Keyword(s):  
Decision Making ◽  
Filial Piety ◽  
Moral Virtue ◽  
Family Members ◽  
Confucian Ethics ◽  
Medical Decision ◽  
Individual Autonomy ◽  
The Family ◽  
Family Decision ◽  
Opinion Polls

LANGUAGE NOTE | Document text in Chinese; abstract also in English.在具有家庭主義特徵的中國社會文化語境下，儒家家庭本位思想對病人知情同意權的影響是客觀實在。以自由主義和個人主義為理論基礎的個人自主知情同意原則要想在中國本土的醫療實踐中發揮應有作用，突顯家庭在知情同意過程中的主導地位是重要前提。在中國的醫療實踐中，知情同意的模式必須融入中國儒家家庭本位思想，才能更好地發揮其作用。Opinion polls released recently show that the majority of people in China today think that informed consent in medical practice is necessary, with more than half favoring family decision making over individual, autonomous patient decision making. Based on these opinion polls, this essay argues that the liberalism and liberal individualism that emphasize individual autonomy do not square with the Confucian tradition.The essay submits that the “family decision” model is designed to embody Confucian family ethics and maximize the benefit of family involvement in medical decision making. The family model includes both the patient and his or her close family members in the decision making process. The Confucian ethics of humanness (ren) – the highest moral virtue – and filial piety (xiao) – the foundation of all moral virtue – support family as the most appropriate authority for medical decisions. Further, the essay explores how the family as a unit is better positioned to work with the physician at critical moments to protect the interests of the patient. This means that the family, not the patient, is in authority, and that in some cases, it is acceptable for family members to hide “medical information” from the patient with the cooperation of the physician. The essay concludes that the family is, and should be treated as, a significant moral participant in medical decision making.DOWNLOAD HISTORY | This article has been downloaded 99 times in Digital Commons before migrating into this platform.

scholarly journals RANCANGAN QANUN HUKUM KELUARGA ACEH DALAM HIRARKI PERUNDANG-UNDANGAN INDONESIA

2019 ◽  
Vol 5 (2) ◽  
Author(s):  
Fadli ◽  
Muammar
Keyword(s):  
Constitutional Law ◽  
Islamic Law ◽  
Family Law ◽  
Daily Lives ◽  
Legal Rules ◽  
Indonesian Population ◽  
Unitary State ◽  
The Family ◽  
Aceh Province ◽  
Points Of View

This study wants to analyze the position of the Aceh qanun in the Indonesian legislative hierarchy. The discussion on the development of qanun cannot be separated from the events of the 1998 Reformation, which demanded the existence of democracy in various sectors of state life. The implementation of Islamic sharia in Aceh which is carried out by forming qanun-qanun is organized based on the Law on special autonomy, namely Law Number. 8 of 2001 concerning Special Autonomy for the Province of Aceh as the Province of Nanggroe Aceh Darussalam and Law Number. 11 of 2006 concerning Aceh Government. The author analyzes the legality of the Family Law Qanun Draft with the construction of constitutional law in terms of two points of view, namely the formality of establishing legislation and the concept of a unitary state. Based on the background that has been elaborated above, the issues to be discussed are: (1) how is the legality of the Family Law Qanun Draft in terms of the concept of a unitary state? (2) how is the legality of the Family Law Qanun Draft in terms of the formality of forming legislation? The position of Qanun in the legal system in Indonesia is different from local regulations in Indonesia which are also based on several reasons. First, legally the position of Qanun in Aceh Province clearly has a stronger legal force compared to other regional regulations in Indonesia. Secondly, sociologically, the majority of Indonesian population, especially in Aceh Province, implies that they have practiced Islam in their daily lives. Although the level of acceptance of Islamic law itself is stratified, nevertheless Islam becomes the dominant value in daily life, both in the spiritual content, language, culture, practice of behavior to the implementation of Islamic Sharia itself. Third, in terms of Islamic law, the content is loaded with the theme of justice. Islam which in its teachings also contains legal rules is a teaching system as well as a methodology for its achievement, because every nation has the same and universal ideals, in the form of justice, order, peace, harmony, holiness, and so forth. This rule is of course in accordance with the needs of humans who live on this earth.Keywords: Qanun, Family Law, Legislation. 

scholarly journals 家庭與社會公義

2018 ◽  
Vol 16 (2) ◽  
pp. 45-48
Author(s):  
Lawrence YUNG
Keyword(s):  
Social Justice ◽  
Legal Status ◽  
Individual Autonomy ◽  
Same Sex ◽  
Sexual Freedom ◽  
Same Sex Marriage ◽  
Digital Commons ◽  
The Family ◽  
Gender Neutrality ◽  
Heterosexual Marriage

LANGUAGE NOTE | Document text in Chinese; abstract in English only.Mark Cherry’s article identifies claims regarding individual autonomy, gender neutrality, and rights to sexual freedom as taking a commanding place within the secular liberal recasting of the family to grant same-sex marriage the same legal status as heterosexual marriage. Cherry refers to Plato’s proposal of abolishing family in Republic (Book V) as a precursor to reforming the family to engineer currently favored versions of social justice. This paper adds to the discussion on family and social justice with an explication of this proposal of abolishing family and a comparison with the Confucian ideal of Great Unity.DOWNLOAD HISTORY | This article has been downloaded 122 times in Digital Commons before migrating into this platform.

The ‘opt-out’ approach to deceased organ donation in England: A misconceived policy which may precipitate moral harm

2019 ◽  
Vol 14 (2) ◽  
pp. 63-69
Author(s):  
Tobias K Cantrell
Keyword(s):  
Organ Donation ◽  
Public Awareness ◽  
Recent Attempt ◽  
Individual Autonomy ◽  
Presumed Consent ◽  
Opt Out ◽  
The Family ◽  
Deceased Organ Donation ◽  
Tissue Act ◽  
Human Tissue Act

In an effort to solve the shortage of transplantable organs, there have been several proposals to introduce an opt-out approach to deceased organ donation in England (also termed ‘deemed’, or ‘presumed’ consent). In seeking to enact the so-called ‘opt-out proposal’ via an amendment to the Human Tissue Act 2004, The Organ Donation (Deemed Consent) Bill 2017–19 represents the most recent attempt at such legal reform. Despite popular calls to the contrary, I argue in this paper that it would be premature for England, or, indeed, any country, to adopt an opt-out approach at this time. Not only is the available evidence inconclusive on whether introduction of the opt-out proposal would increase the supply of transplantable organs (a common misconception), but there is also a chance that doing so might bring about an otherwise avoidable moral harm through an unjustified interference with individual autonomy. I maintain that the resources required to change the law to such effect would be better expended on alternative, provenly efficacious and less contentious mechanisms for increasing the supply of transplantable organs, such as: improving communication with the family of the deceased, developing infrastructure, raising public awareness and enhancing staff training, attitudes and understanding towards organ donation.

Confucian Perspectives on Psychiatric Ethics

2014 ◽  
Author(s):  
Ruiping Fan ◽  
Zhengrong Guo ◽  
Michael Wong
Keyword(s):  
Mainland China ◽  
Real Life ◽  
Confucian Ethics ◽  
Individual Autonomy ◽  
Clinical Settings ◽  
Involuntary Hospitalization ◽  
Way Of Life ◽  
Family Obligations ◽  
The Family ◽  
Family Based

This chapter examines Confucian perspectives on psychiatric ethics by focusing on a family-based and family-oriented way of life. It first provides a background on Confucianism and Confucian familism, with emphasis on central concerns in the Confucian virtuous way of life including the integrity, continuity, and prosperity of the family. It then compares Confucian ethics with Western bioethics in terms of moral responsibility and individual autonomy in the context of family obligations and patient needs. It also discusses the Mental Health Act in China, which became effective in May 2013, and its restrictions on involuntary hospitalization within the context of Confucian ethics. The chapter considers two cases, one from mainland China and another from Australia, to illustrate Confucian psychiatric ethics at work in real life and highlight various issues that arise in contemporary clinical settings.

scholarly journals Ewolucja czy rewolucja? Przemiany rodziny na ziemiach polskich w pierwszej połowie XX wieku. Wybrane aspekty

2020 ◽  
Vol 147 (4) ◽  
pp. 823-837
Author(s):  
Katarzyna Sierakowska
Keyword(s):  
Twentieth Century ◽  
Social Environment ◽  
Family Life ◽  
Rate Of Change ◽  
Individual Autonomy ◽  
Parental Roles ◽  
The Family ◽  
The Individual

Evolution or revolution? Transformations of family in the Polish lands in the first half of the twentieth century: Selected aspects The text focuses on select issues related to the transformation of the family in the first half of the twentieth century, such as: changes regarding marital choices and relationships between spouses, changes in the scope of parental roles and the processes of individualization and individual autonomy in the family. It tries to answer the questions about the dynamics of these processes in different social milieus and to indicate factors that accelerated and delayed them. The analysis of the sources and literature concerning family lives does not allow for an unambiguous assessment of the rapidity and range of changes taking place in families. Nevertheless, it exposes the diversity of models existing in family life and shows that it depends on such elements as social environment, gender, idiosyncratic features of the individual, to the same extent as it does on the rate of change.

scholarly journals “Lar, doce lar”

2020 ◽  
Vol 22 (2) ◽  
pp. 95-116
Author(s):  
Maria Raquel Guimarães
Keyword(s):  
Constitutional Law ◽  
Contract Law ◽  
Place Of Residence ◽  
Freedom Of Contract ◽  
The Family ◽  
Family Home ◽  
The Right ◽  
Lease Contracts

The place of one’s residence and, in particular, the family home, is not legally irrelevant and there are several implications of adopting a certain place of residence. In the Portuguese Constitutional Law the right to housing is a fundamental right that conforms the rule make action when defining contract laws and the limits of freedom of contract. In this text we intend to focus on the main repercussions of the ties that link a family to its home on contract law, especially concerning sales and lease contracts.

Israel’s “Constitutional Revolution”: A Thought from Political Liberalism

2018 ◽  
Vol 19 (2) ◽  
pp. 745-765 ◽  
Author(s):  
Frank I. Michelman
Keyword(s):  
Constitutional Law ◽  
Political Liberalism ◽  
Common Law ◽  
Liberal Conception ◽  
Basic Law ◽  
The Supreme Court ◽  
The Family ◽  
Constitutional Revolution ◽  
Political Liberal

Abstract In his book The Purse and the Sword: The Trials of Israel’s Legal Revolution, Daniel Friedmann brings under critical inspection what he names as a legal revolution in Israel. Friedmann gives us, under that name, an account of a shift of certain major and sensitive state powers from elected leaders and legislators to politically insulated officials and judges. The Supreme Court’s construction of two Basic Law enactments of the twelfth Knesset into a justiciable, substantive “formal constitution” for Israel figures in Friedmann’s book as one component of the revolution, along with other judicial developments, including purposive interpretation of constitutional and other laws, an intensified form of common-law review of administrative actions for unreasonableness, and expansionary revisions to standing and justiciability. In all these developments, Aharon Barak took a leading part as judge and as scholar. I here consider to what extent these developments may be understood as responsive to promptings from a “political-liberal” conception of a justificational burden and need for substantive constitutional law. I reflect here on the possible pull of this conception in a political-cultural setting of a persisting widespread attachment to an idea of Israel as a member of the family of liberal constitutional states, and hence on Barak’s understanding of the role and responsibility of the Supreme Court. I speculate briefly about how far that pull may extend also to Professor Friedmann in his role of critic of the judicial handiwork of Barak and the Court on which he served.

Family Business and Family Change: Individual Autonomy, Democratization, and the New Family Business Institutions

2000 ◽  
Vol 13 (3) ◽  
pp. 239-249 ◽  
Author(s):  
Michael Gilding
Keyword(s):  
Qualitative Study ◽  
Family Business ◽  
Family Relationships ◽  
Economic Restructuring ◽  
Family Businesses ◽  
Individual Autonomy ◽  
New Family ◽  
Australian Family ◽  
The Family ◽  
The Subject

The renewed attention to family business in western societies is usually attributed to a past lack of attention to the subject because of its private character and to the resurgence of family business in the context of economic restructuring. This paper argues that there is a third reason for the renewed attention to family business, namely, the changing character of the family institution. In particular, there are broad trends toward the pursuit of individual autonomy and democratization in family relationships. A qualitative study of high-wealth stakeholders in Australian family businesses found that the principles of individual autonomy and democratization presented challenges for family business solidarity and continuity. These challenges gave rise to new family business institutions designed to facilitate communication and trust. These institutions are at the center of the renewed attention to family business in western societies.

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