The purpose of this paper is to examine what role anger plays in the moral realm. To do so, I will critique Martha Nussbaum’s view that anger is normatively problematic for sustaining moral relations due to its prevalent relation to seeking payback and status. I will expand the limits Nussbaum imposes on what people can be angry at as well as what are normal responses to the emotion, to attempt to show how anger can be a vital tool in our moral lives as a tool in response to wrongdoing or injustice.

It is held that the police officer is liable at criminal and civil law the same as the citizen; given constitutional expression in the common law office of constable. Yet, in the execution of their duty police officers are prone to committing a range of criminal offences - assault, false imprisonment, perverting the course of justice - defined in this thesis as police crimes. Statistical analysis reveals that police officers are rarely prosecuted for these offences, suggesting that criminal liability is an illusion, and civil proceedings have become an increasingly popular remedy for police wrongdoing. This thesis holds that ss.48 and 49 of the Police Act 1964 played a prominent part in undermining the police officer's accountability to the law. This was achieved under s.48 by removing the police officer's personal responsibility for his wrongdoing at civil law, and introduction of a vicarious liability rule. And, under s.49, by definition of reports of alleged criminal offences committed by police officers as complaints, and codification of a separate criminal procedure. Since the 1964 Act, statute and case law on police wrongdoing have caused further damage to the constitutional position by emphasising the internal police complaint and disciplinary processes and devaluing issues of liability. It is argued that there is a conflict between the ancient office of constable and the recently developed doctrine of constabulary independence, and it is proposed that a 'balance model' accurately reflects the constitutional position of the police. This thesis examines recent developments at common law alongside the statutory trend, including intended reform of the complaint and discipline processes, and concludes that the integrity of the constitutional position has been seriously damaged. It is proposed that the police officer is no longer accountable to the law for his wrongdoing in like manner as the citizen, and the office of constable survives as a constitutional fiction.

In the submitted diploma thesis, the author deals with the topic of whistleblowing, in other words protected disclosure of wrongdoing, which is highly topical issue in the Czech Republic over the last decade. This issue gained attention with the first publicly known cases of Czech whistleblowers and also with several submitted legislative proposals for a complex legal regulation of the regime of protected disclosure in the Czech Republic. In the first part of the thesis, the author defines the concept of whistleblowing, in particular through several legal definitions from various authors. This part also deals with the development of the institute in the Anglo-Saxon countries as well as with its overlap into other sectors. Its related aspects are also discussed, namely the concept of labor-law relations and the duty of loyalty. On the whole, the first chapter should provide a more comprehensive view of the whistleblowing institute in order to draw the most important elements needed in the possible regulation of protected disclosure. The second chapter presents international commitments of the Czech Republic related to the regulation of this institute and consisting the most important documents adopted by European Union and other important international organizations, including some relevant case-law of the...

The submitted diploma thesis deals with the topic of disclosure of wrongdoings, which has lately gained attention due to the recent considerations of the possible complex legislative proposal in the Czech Republic. Therefore the purpose of this thesis is to analyze the current legal situation of disclosure of wrongdoings in the Czech Republic, along with analyzing all the aspects that should be taken into account when considering a legislative proposal, as well as analyzing and evaluating the legislative proposals that have already been submitted. The first part of the thesis presents the subject of whistleblowing and the different approaches to the subject, which are presented by the authors of the frequently used definitions. Then the author deals with the very essence of the issue and answers the question why it is necessary to legally regulate the area of whistleblowing. This thesis also presents various problematic questions including ethical matters inextricably linked with whistleblowing. Subsequently, the thesis provides an overview of international commitments of the Czech Republic consisting of the most important documents, both hard law and soft law, related to the reporting of wrongdoings together with other relevant activities of the international instutions such as decisions of the...

The primary aim of this research is to investigate whether the Draft Articles on the Responsibility of International Organizations (ARIO) which were completed in 2011 are an effective means of making IOs accountable for international wrongdoing. In order to determine this a hypothetical case was created based on the imaginary scenario that the IMF required its member states to eliminate capital controls as a condition for obtaining loans from the organization. This hypothetical case is argued on behalf of the borrowing states and thus the thesis in part has the form of a legal pleading. This approach was deliberately taken in order to provide a practical example of how the ARIO could be applied to any case related to the responsibility of IOs, not just the one under consideration here. The case is first used to illustrate how the ARIO might be applied in order to determine whether an IO’s conduct amounts to international wrongdoing and results in international responsibility. Secondly, the case is employed to demonstrate whether the ARIO provide remedies for parties injured as a result of international wrongdoing committed by IOs thereby bringing the latter to accountability. At the end of the investigation it is apparent that conduct such as the IMF’s fictional conduct in relation to its policy would amount to international wrongdoing by an IO in light of the ARIO and would incur international responsibility. However, in the course of applying the ARIO to this fictional case, it becomes evident that although the ARIO are effective for establishing the international responsibility of IOs, they are ineffective as a means of making them accountable for any responsibility they incur because they provide various escapes from the legal consequences for international responsibility. It is therefore concluded that IOs are free to continue to engage in international wrongdoing with impunity despite the creation of the ARIO.

In this thesis, I propose an argument against the possibility of moral dilemmas, which I construe as situations in which moral wrongdoing is inescapable. The first chapter addresses some terminological matters and attempts to sort out the main issues of contention between proponents and opponents of moral dilemmas. The second chapter lays out my argument, which I dub the "Argument from Action-Guidingness," against proponents of moral dilemmas. Negative moral judgments of the sort "X is wrong" typically carry with them the implication that X ought not to be done. If judgments of wrongness always have this action-guiding force, then moral dilemmas, which say that all courses of action available to the agent are morally wrong, threaten morality with incoherence. To avoid this problem, proponents of dilemmas will be forced to abandon the action-guiding implications of negative moral judgments when dilemmas arise. But this move is not without its own difficulties, which I elucidate. The final chapter identifies flaws in two prominent arguments in favor of dilemmas: the argument from moral distress and the argument from incommensurable values. The latter half of the chapter examines Sayre-McCord's "fairness argument" against dilemmas, and contrasts it with the argument from action-guidingness. / Master of Arts

abstract: I present in this dissertation a theory of moral disillusion. In chapter 1 I explain moral innocence and its loss. I show that becoming morally responsible requires shattering the illusion that one is not an appropriate candidate for the reactive attitudes. The morally responsible individual must understand that she can be an agent of wrongdoing. In chapter 2 I explore the nature of the understanding that accompanies the different phases of disillusion. I show that moral disillusion is an ability, not to follow moral principles, but to question them. In chapter 3 I argue that another phase of disillusion involves an acquaintance with evil. One shatters the illusion that only malicious individuals can be evildoers. Morally good people can also bring about evil. I conclude that evil is the exploitation of the extremely vulnerable. In chapters 4 and 5, I analyze more complex phases of moral disillusion. These stages are characterized by an understanding that one can be an agent of unchosen evil, that one might bring about evil even when pursuing the morally best course of action, and that one can be morally responsible for doing so. In order to understand unchosen evil and the tragedy of inescapable moral wrongdoing, the individual sees that moral responsibility ought to track what we care about, rather than what we believe. In chapter 6 I show that Kierkegaard's conception of the self is a philosophy of moral disillusion. I argue that his prescription that we shatter moral illusions is congruent with Harry Frankfurt's prescription that we ought to care about some things and not others. From this discussion emerges the explicit distinction between moral disillusion and moral goodness. Moreover, I conclude that the morally disillusioned are morally accountable for more than those still harboring moral illusions. Although moral disillusion does not entail becoming morally good, by acquiring the ability to raise questions about moral principles and to affect the content of one's cares, one acquires the ability to take responsibility for, and potentially minimize, evil. To have and understand these abilities, but not to care about them, increases one's moral accountability. / Dissertation/Thesis / Ph.D. Philosophy 2012

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / This doctoral thesis addresses the issue of moral dilemmas, specifically dilemmas of serious severity. These specific dilemmas are analyzed in an attempt to connect them to the thesis of Inescapable Moral Wrongdoing and the psychological trauma situation experienced by the agent in these situations. At first, examples of literature and philosophy that illustrate and explain each situation are presented. Such examples are Sophie s Choice, by William Styron, the dialogue between Socrates and Cephalus, in Book I of The Republic by Plato, and the case of the student of Sartre, in Existentialism is a Humanism. In a second moment, the study aims to carry out some important distinctions between types of moral dilemmas, namely: soluble, insoluble and symmetrical dilemmas. The main theories that deal with solution of moral dilemmas are exposed, divided in rationalist theories and "experientialist" theories. The former are analyzed so that it is shown that they do not accept genuine moral dilemmas, neither the thesis of the Inescapable Moral Wrongdoing, providing solutions for difficult moral dilemmas and even symmetrical, making use of principles of deontic logic, as the Kant Principle and the Agglomeration Principle. On the other hand, the theories of experientialist nature, which most interest this work, are those that accept the genuineness of moral dilemmas and admit the existence of the Inescapable Moral Wrongdoing. Therefore, some make use of the Remainder Thesis (TR), to which this work is affiliated. This theory states that in some specific moral dilemmas, even though the rational moral deliberation has been followed, the agent will suffer from feelings of regret, due to an emotional remainder concerning the duty that was not fulfilled or a violated value. Thus, according to the Remainder Thesis, the best explanation for this remainder and feelings of regret is the Inescapable Moral Wrongdoing theory. Therefore, the term "wrongdoing" is used in the sense of violating important moral values for the agent, and not in the sense of violating correct moral deliberation conclusions. To systematize the discussion, in a third moment, this study focuses on providing a definition capable of including the specific cases of moral dilemmas with inescapable moral wrongdoings (Definition of Moral Dilemmas with Inescapable Moral Wrongdoings - MDIMW). Moral dilemmas of serious severity are included in this definition, ones with a high moral cost to the agent, which are able to hurt the agent s moral sensibility and generate strong feelings of grief, which can lead to serious psychological trauma. The example of Sophie s Choice plays a crucial role in this discussion, while it fits the MDIMW. Finally, it is brought to the discussion the concept of "moral injury", recent term used in psychiatry to refer to situations of difficult moral choices usually faced by former war combatants. Certain serious moral choices faced by these agents would be able to generate "moral injury" to their moral codes, become risk factors for the manifestation of traumas and, in more serious cases, Post-Traumatic Stress Disorder (PTSD). Thus, analyzing the relationships between moral choices of serious severity, inescapable moral wrongdoings, trauma and the possibility of its overcoming, are the main objectives of this study. / A presente tese de doutorado aborda o tema dos dilemas morais, especificamente dilemas de séria gravidade. Estes dilemas específicos são analisados buscando-se conectar aos mesmos a tese do erro moral inevitável e à situação de trauma psicológico vivida pelo agente. Em um primeiro momento, expõem-se exemplos da literatura e da filosofia capazes de ilustrar e explicar tais situações. Tais exemplos são a Escolha de Sofia, de William Styron, o diálogo entre Sócrates e Céfalo, no livro I da República de Platão e o caso do aluno de Sartre, em O Existencialismo é um Humanismo. Em um segundo momento, o trabalho objetiva realizar algumas distinções importantes entre tipos de dilemas morais, a saber: solúveis, insolúveis e simétricos. São expostas as principais teorias que se ocupam da solução de dilemas morais, divididas entre teorias racionalistas e experiencialistas . As primeiras são analisadas para que fique demonstrado que não aceitam dilemas morais genuínos e, tampouco, a tese do erro moral inevitável, oferecendo soluções para dilemas morais difíceis e até mesmo simétricos, fazendo uso de princípios da lógica deôntica, como o Princípio de Kant e o Princípio de Aglomeração. Por outro lado, as teorias de cunho experiencialista, que mais interessam a este trabalho, são aquelas que aceitam a genuinidade dos dilemas morais e admitem a existência do erro moral inevitável. Para tanto, algumas fazem uso da Tese do Resquício (TR), à qual este trabalho se filia. Tal tese afirma que em alguns dilemas morais específicos, mesmo que a deliberação moral racional tenha sido seguida, o agente sofrerá de sentimentos de pesar, devido a um resquício emocional relativo ao dever não cumprido ou valor violado. Dessa forma, partindo-se da Tese do Resquício, defende-se que a melhor explicação possível para este resquício e os sentimentos de pesar correlatos é a tese do erro moral inevitável. Assim, utiliza-se o termo erro no sentido de violar valores morais importantes para o agente e não no sentido de violar conclusões de deliberação moral corretas. Para sistematizar a discussão, em um terceiro momento, este trabalho se concentra em oferecer uma definição capaz de abarcar os casos específicos de dilemas morais com erros morais inevitáveis (Definição de Dilemas Morais com Erros Morais Inevitáveis DMEMI). São incluídos em tal definição dilemas morais de séria gravidade, com custo moral alto para o agente, capazes de ferir sua sensibilidade moral e gerar fortes sentimentos de pesar, capazes de levar a traumas psicológicos sérios. O exemplo da Escolha de Sofia desempenha papel crucial nessa discussão, ao encaixar-se em DMEMI. Por fim, é trazido à discussão o conceito de dano moral , termo recente utilizado pela psiquiatria para se referir a situações de escolhas morais difíceis enfrentadas geralmente por ex-combatentes de guerra. Determinadas escolhas morais graves enfrentadas por estes agentes seriam capazes de gerar danos morais aos seus códigos morais e serem fatores de risco para manifestação de traumas e, em casos mais sérios, de Transtorno de Estresse Pós-traumático (TEPT). Assim, analisar as relações entre escolhas morais de séria gravidade, erro moral inevitável, trauma e a possibilidade de sua superação, são os principais objetivos deste trabalho.

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yes / In recent years, there has been increasing concern about unethical conduct within corporate business, not least because of the scandalous behaviour of former chief executives at top blue chip companies such as Enron, Worldcom, Parmalat and Volkswagen. These scandals have not only threatened the privileged position of senior corporate employees but also the solvency of the companies they manage and lead. The high profile cases of corporate crime and corruption that occurred in the early 2000s together with the 2008 Wall Street bailouts (Sorokin 2010) and the growth in criminal prosecutions since (Garrett 2014) have raised the profile of business ethics to an unprecedented level. Greater public sensitivity towards and awareness about the unlawful and immoral conduct of firms in the United States and elsewhere, has created demand for organizations to become more accountable and socially responsible and prompted greater regulatory scrutiny. It has also served to highlight the embryonic (Ciulla 2005) and delimited (Freidland 2012) state of research and scholarship on business ethics, where the focus has tended to remain on leadership (Kellerman 2012). A neglected, though important, line of ethical enquiry concerns followership (Kellerman, 2008). Corporate wrongdoing would be less formidable and extensive if it was not aided and abetted. Two key questions arise. First, what prompts followers to support rather than oppose bad leaders? Second, what can be done to stem or at least curtail their allegiance to bad leaders?