RICHARD W. PAINTER
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195378719
- eISBN:
- 9780199869619
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195378719.003.0002
- Subject:
- Law, Constitutional and Administrative Law
This chapter presents a summary of some of the most important federal ethics rules, observations about how they work in practice, and suggestions for how they could be more effective. Topics ...
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This chapter presents a summary of some of the most important federal ethics rules, observations about how they work in practice, and suggestions for how they could be more effective. Topics discussed include gifts and travel, restrictions on representation, financial disclosure, financial conflicts of interest, covered relationships and the impartiality rule, and the movement of personnel between government and private industry.Less
This chapter presents a summary of some of the most important federal ethics rules, observations about how they work in practice, and suggestions for how they could be more effective. Topics discussed include gifts and travel, restrictions on representation, financial disclosure, financial conflicts of interest, covered relationships and the impartiality rule, and the movement of personnel between government and private industry.
Richard W. Painter
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195378719
- eISBN:
- 9780199869619
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195378719.001.0001
- Subject:
- Law, Constitutional and Administrative Law
In order to be effective, federal ethics law must address sources of systematic corruption rather than simply address motives that individual government employees might have to betray the public ...
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In order to be effective, federal ethics law must address sources of systematic corruption rather than simply address motives that individual government employees might have to betray the public trust, such as personal financial holdings or family relationships. This book articulates a general approach to combating systemic corruption as well as some specific proposals for doing so. Federal ethics law is relatively unknown in legal academia and elsewhere outside of Washington, D.C., but it is binding on over one million federal employees. Lobbyists, federal contractors, lawyers, and others who interact with the federal government are also deeply interested in federal ethics law and represent a surprisingly large market for a little-studied area of the law. The book argues that the existing ethics regime is in need of substantial reform since federal ethics laws fail to curtail conduct that undermines the integrity of government, such as political activity by federal employees and their interaction with lobbyists and interest groups. It also contends that in some other areas, such as personal financial conflicts of interest, there is too much complexity in regulatory and reporting requirements, and rules need to be simplified. The book's solution includes strengthening the enforcement of ethics rules, reforming the lobbying industry, and changing a system of campaign finance that impedes meaningful government ethics reform.Less
In order to be effective, federal ethics law must address sources of systematic corruption rather than simply address motives that individual government employees might have to betray the public trust, such as personal financial holdings or family relationships. This book articulates a general approach to combating systemic corruption as well as some specific proposals for doing so. Federal ethics law is relatively unknown in legal academia and elsewhere outside of Washington, D.C., but it is binding on over one million federal employees. Lobbyists, federal contractors, lawyers, and others who interact with the federal government are also deeply interested in federal ethics law and represent a surprisingly large market for a little-studied area of the law. The book argues that the existing ethics regime is in need of substantial reform since federal ethics laws fail to curtail conduct that undermines the integrity of government, such as political activity by federal employees and their interaction with lobbyists and interest groups. It also contends that in some other areas, such as personal financial conflicts of interest, there is too much complexity in regulatory and reporting requirements, and rules need to be simplified. The book's solution includes strengthening the enforcement of ethics rules, reforming the lobbying industry, and changing a system of campaign finance that impedes meaningful government ethics reform.
RICHARD W. PAINTER
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195378719
- eISBN:
- 9780199869619
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195378719.003.0001
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses fiduciary principle in private and public law. Topics covered include transparency and accountability as fiduciary responsibilities, finding solutions to fiduciary breach, the ...
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This chapter discusses fiduciary principle in private and public law. Topics covered include transparency and accountability as fiduciary responsibilities, finding solutions to fiduciary breach, the threat posed by systemic corruption to the fiduciary principle, and rules' predominance over standards and criminalization in ethics law.Less
This chapter discusses fiduciary principle in private and public law. Topics covered include transparency and accountability as fiduciary responsibilities, finding solutions to fiduciary breach, the threat posed by systemic corruption to the fiduciary principle, and rules' predominance over standards and criminalization in ethics law.
RICHARD W. PAINTER
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195378719
- eISBN:
- 9780199869619
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195378719.003.0007
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses an example of individual corruption—insider trading in securities markets on the basis of information misappropriated from the government. It also addresses the taxation of ...
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This chapter discusses an example of individual corruption—insider trading in securities markets on the basis of information misappropriated from the government. It also addresses the taxation of capital gains from assets that need to be sold to avoid financial conflicts of interest. In each of these contexts, unique challenges are posed if federal employees are regulated by both federal ethics law and other areas of law. Lack of coordination can cause a government employee, who is affected by both areas of law, to be pulled in two inconsistent directions.Less
This chapter discusses an example of individual corruption—insider trading in securities markets on the basis of information misappropriated from the government. It also addresses the taxation of capital gains from assets that need to be sold to avoid financial conflicts of interest. In each of these contexts, unique challenges are posed if federal employees are regulated by both federal ethics law and other areas of law. Lack of coordination can cause a government employee, who is affected by both areas of law, to be pulled in two inconsistent directions.
C. Stephen Evans
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199696680
- eISBN:
- 9780191744266
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199696680.003.0003
- Subject:
- Religion, Philosophy of Religion, Theology
This chapter argues that two prominent approaches to ethics that are often thought to be rivals of a divine command ethic are actually complementary to a divine command ethic. In particular, a divine ...
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This chapter argues that two prominent approaches to ethics that are often thought to be rivals of a divine command ethic are actually complementary to a divine command ethic. In particular, a divine command ethics presupposes a natural law ethic, or some comparable account of the good. A natural law ethic, such as that developed by Mark Murphy, provides a good foundation for a divine command theory by providing an account of the good, and a divine command theory helps a natural law ethic give a convincing explanation of moral obligations. A divine command theory is also consistent with reasonable forms of virtue ethics. It is not consistent with extreme forms of moral particularism, but these views are not essential to virtue ethics. A virtue ethics can be linked to a divine command theory in that the virtues can be understood to provide the telos or goal of moral obligations.Less
This chapter argues that two prominent approaches to ethics that are often thought to be rivals of a divine command ethic are actually complementary to a divine command ethic. In particular, a divine command ethics presupposes a natural law ethic, or some comparable account of the good. A natural law ethic, such as that developed by Mark Murphy, provides a good foundation for a divine command theory by providing an account of the good, and a divine command theory helps a natural law ethic give a convincing explanation of moral obligations. A divine command theory is also consistent with reasonable forms of virtue ethics. It is not consistent with extreme forms of moral particularism, but these views are not essential to virtue ethics. A virtue ethics can be linked to a divine command theory in that the virtues can be understood to provide the telos or goal of moral obligations.
RICHARD W. PAINTER
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195378719
- eISBN:
- 9780199869619
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195378719.003.0006
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses ethics reform in the legislative branch. House and Senate rules were amended in the Honest Leadership and Open Government Act of 2007 to restrict members' interaction with ...
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This chapter discusses ethics reform in the legislative branch. House and Senate rules were amended in the Honest Leadership and Open Government Act of 2007 to restrict members' interaction with lobbyists. Congress thus took the rare step of imposing more stringent ethics requirements on members themselves. Nonetheless, major areas of abuse, such as lobbyists' involvement in campaign finance as well as the revolving door between Congress and K Street, were minimally affected by the new rules.Less
This chapter discusses ethics reform in the legislative branch. House and Senate rules were amended in the Honest Leadership and Open Government Act of 2007 to restrict members' interaction with lobbyists. Congress thus took the rare step of imposing more stringent ethics requirements on members themselves. Nonetheless, major areas of abuse, such as lobbyists' involvement in campaign finance as well as the revolving door between Congress and K Street, were minimally affected by the new rules.
RICHARD W. PAINTER
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195378719
- eISBN:
- 9780199869619
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195378719.003.0011
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses the influence of campaign finance over politics. Topics covered include impact of campaign finance on government ethics, the insufficiency and excessiveness of disclosure ...
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This chapter discusses the influence of campaign finance over politics. Topics covered include impact of campaign finance on government ethics, the insufficiency and excessiveness of disclosure requirements, overcoming obstacles to effective campaign finance reform, and public funding of election campaigns.Less
This chapter discusses the influence of campaign finance over politics. Topics covered include impact of campaign finance on government ethics, the insufficiency and excessiveness of disclosure requirements, overcoming obstacles to effective campaign finance reform, and public funding of election campaigns.
C. Stephen Evans
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199696680
- eISBN:
- 9780191744266
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199696680.001.0001
- Subject:
- Religion, Philosophy of Religion, Theology
Is there a connection between religion and morality? Ivan Karamazov, in Dostoevsky's The Brothers Karamazov, famously declares that if God does not exist, then “everything is permitted.” Most ...
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Is there a connection between religion and morality? Ivan Karamazov, in Dostoevsky's The Brothers Karamazov, famously declares that if God does not exist, then “everything is permitted.” Most philosophers reject such a view and hold that moral truths do not depend on God. God and Moral Obligation argues that the truth lies somewhere between these two claims. It is not quite right to say that there would be nothing left of morality if God did not exist, but moral obligations do depend on God ontologically. Such obligations are best understood as divine commands or requirements, communicated to humans in a variety of ways, including conscience God and Moral Obligation also argues that two views often thought to be rivals to a divine command morality, natural law ethics and virtue ethics, are not rivals at all but provide necessary complementary elements of a comprehensive morality. A number of prominent objections to a divine command account of moral obligations, such as the so-called Euthyphro objection, are posed and answered. In the concluding chapters I point out the advantages a divine command account has over secular rivals, and I argue that those who reject an error theory and want to be moral realists about moral obligations (which is a reasonable view) should be open to a divine command account. The authority and objectivity of moral obligations are best explained by seeing them as divine commands.Less
Is there a connection between religion and morality? Ivan Karamazov, in Dostoevsky's The Brothers Karamazov, famously declares that if God does not exist, then “everything is permitted.” Most philosophers reject such a view and hold that moral truths do not depend on God. God and Moral Obligation argues that the truth lies somewhere between these two claims. It is not quite right to say that there would be nothing left of morality if God did not exist, but moral obligations do depend on God ontologically. Such obligations are best understood as divine commands or requirements, communicated to humans in a variety of ways, including conscience God and Moral Obligation also argues that two views often thought to be rivals to a divine command morality, natural law ethics and virtue ethics, are not rivals at all but provide necessary complementary elements of a comprehensive morality. A number of prominent objections to a divine command account of moral obligations, such as the so-called Euthyphro objection, are posed and answered. In the concluding chapters I point out the advantages a divine command account has over secular rivals, and I argue that those who reject an error theory and want to be moral realists about moral obligations (which is a reasonable view) should be open to a divine command account. The authority and objectivity of moral obligations are best explained by seeing them as divine commands.
Ernest J. Weinrib
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199665815
- eISBN:
- 9780191748622
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199665815.003.0004
- Subject:
- Law, Philosophy of Law, Law of Obligations
This chapter situates corrective justice within Kant's philosophy of right. It traces the normative presuppositions of corrective justice to Kant's conception of the will, that is, of the freedom and ...
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This chapter situates corrective justice within Kant's philosophy of right. It traces the normative presuppositions of corrective justice to Kant's conception of the will, that is, of the freedom and purposiveness of self-determining activity. It also connects corrective justice to the institutions of a functioning legal order. Kant presents legality as an idea of reason, an articulated unity applicable to the external relationships of free beings. Legality thus conceived makes the right prior to the good within the conceptual sequencing of the operations of practical reason. Accordingly, the juridical relationship of one party to another in private law can be understood independently of the ethical duties incumbent upon them.Less
This chapter situates corrective justice within Kant's philosophy of right. It traces the normative presuppositions of corrective justice to Kant's conception of the will, that is, of the freedom and purposiveness of self-determining activity. It also connects corrective justice to the institutions of a functioning legal order. Kant presents legality as an idea of reason, an articulated unity applicable to the external relationships of free beings. Legality thus conceived makes the right prior to the good within the conceptual sequencing of the operations of practical reason. Accordingly, the juridical relationship of one party to another in private law can be understood independently of the ethical duties incumbent upon them.
John Keown
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199675500
- eISBN:
- 9780191757228
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199675500.003.0019
- Subject:
- Law, Philosophy of Law
This chapter outlines John Finnis' singular contribution to the discipline of the law and ethics of medicine in the UK and beyond across almost half a century. It argues that, not least because of ...
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This chapter outlines John Finnis' singular contribution to the discipline of the law and ethics of medicine in the UK and beyond across almost half a century. It argues that, not least because of the powerful, arguably uniquely powerful, combination of legal and philosophical expertise that he has brought to the discipline, he should be regarded as the ‘father’ of the discipline, or at least as one of its fathers.Less
This chapter outlines John Finnis' singular contribution to the discipline of the law and ethics of medicine in the UK and beyond across almost half a century. It argues that, not least because of the powerful, arguably uniquely powerful, combination of legal and philosophical expertise that he has brought to the discipline, he should be regarded as the ‘father’ of the discipline, or at least as one of its fathers.
Hal Abelson and Adolfo Plasencia
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9780262036016
- eISBN:
- 9780262339308
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262036016.003.0014
- Subject:
- Society and Culture, Technology and Society
In this dialogue, Hal Abelson the acclaimed professor, scientist and distinguished member of MIT CSAIL, and co-chair of the MIT Council on Educational Technology (MITCET), firstly discusses the ...
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In this dialogue, Hal Abelson the acclaimed professor, scientist and distinguished member of MIT CSAIL, and co-chair of the MIT Council on Educational Technology (MITCET), firstly discusses the potential of the digital revolution and Internet. He talks about the reasons that led him to initiate Creative Commons (Abelson was also involved with the start up of MIT OpenCourseWare, Public Knowledge, the Free Software Foundation, and the Center for Democracy and Technology). He then describes in detail the MIT model. On the one hand it is based on not making distinctions between teaching and research, and on the other it focuses on radical meritocracy, which gives rise to a culture of open exchange and openness. He moves on to explain details of the philosophy behind the prestigious MIT Course 6, which uses semiconductors to bring together the physical side of electrical engineering and the logic side of IT, thereby generating a range of innovative interactions. He finally talks about the foundations of leadership which MIT have laid and continue to maintain in education and innovation.Less
In this dialogue, Hal Abelson the acclaimed professor, scientist and distinguished member of MIT CSAIL, and co-chair of the MIT Council on Educational Technology (MITCET), firstly discusses the potential of the digital revolution and Internet. He talks about the reasons that led him to initiate Creative Commons (Abelson was also involved with the start up of MIT OpenCourseWare, Public Knowledge, the Free Software Foundation, and the Center for Democracy and Technology). He then describes in detail the MIT model. On the one hand it is based on not making distinctions between teaching and research, and on the other it focuses on radical meritocracy, which gives rise to a culture of open exchange and openness. He moves on to explain details of the philosophy behind the prestigious MIT Course 6, which uses semiconductors to bring together the physical side of electrical engineering and the logic side of IT, thereby generating a range of innovative interactions. He finally talks about the foundations of leadership which MIT have laid and continue to maintain in education and innovation.
