DOCSLIB.ORG

Two and a Half Ethical Theories: Re-Examining the Foundations of the Carnegie Report

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Two and a Half Ethical Theories: Re-Examining the Foundations of the Carnegie Report University of Kentucky UKnowledge Law Faculty Scholarly Articles Law Faculty Publications 2012 Two and a Half Ethical Theories: Re-Examining the Foundations of the Carnegie Report Mark F. Kightlinger University of Kentucky College of Law, [email protected] Follow this and additional works at: https://uknowledge.uky.edu/law_facpub Part of the Law and Philosophy Commons, and the Legal Education Commons Right click to open a feedback form in a new tab to let us know how this document benefits ou.y Recommended Citation Mark F. Kightlinger, Two and a Half Ethical Theories: Re-Examining the Foundations of the Carnegie Report, 39 Ohio N.U. L. Rev. 113 (2012). This Article is brought to you for free and open access by the Law Faculty Publications at UKnowledge. It has been accepted for inclusion in Law Faculty Scholarly Articles by an authorized administrator of UKnowledge. For more information, please contact [email protected]. Two and a Half Ethical Theories: Re-Examining the Foundations of the Carnegie Report Notes/Citation Information Ohio Northern University Law Review, Vol. 39, No. 1 (2012), pp. 113-274 This article is available at UKnowledge: https://uknowledge.uky.edu/law_facpub/352 Two and a HaH Ethical Theories: Re-examining the Foundations of the Carnegie Report MARKF. KIGHTLINGER" ABSTRACT In the past three years, the American Bar Association, several major state bar associations, the Association of American Law Schools, the New York Times, law students, and many legal educators have called for fundamental changes in the way we educate new lawyers. Some critics have suggested that legal education faces a crisis that will be exacerbated by rising tuitions, declining enrollments, and a precipitous drop in the demand for new lawyers. Most of those calling for change have relied on the critical analysis of modem legal education presented in a 2007 report by the Carnegie Foundation for the Advancement of Teaching entitled Educating Lawyers: Preparation for the Profession ofLaw. Despite the central role of the Carnegie Report in current debates about legal-education reform, however, no one has yet made a careful study of the theoretical foundations and, in particular, the ethical grounding of the Report itself. This Article fills that important gap in the literature by critically analyzing the three ethical frameworks that organize and underpin various aspects of the Report's account of modem legal education and its failings. Although a teleological ethical framework with roots in the philosophy of Aristotle provides the Report's backbone, the Report's treatment of that framework is incomplete, somewhat careless, and ultimately unconvincing. Competing with the teleological framework throughout the Report are an emotivist framework with relativist and possibly nihilist implications and a contractarian framework that makes little sense on its own terms and contradicts key assumptions of the core teleological framework. Before we can justify implementing educational reforms based on the Carnegie Report's analysis and recommendations, we must do a great deal of additional scholarly work to resolve a number of basic theoretical problems that threaten to undermine the intellectual foundations of the Report itself. • Wyatt, Tarrant & Combs Associate Professor of Law, University of Kentucky College of Law; 1.0., Yale Law School, 1988; Ph.D., Yale University, 1991; B.A.IM.A., Cambridge University, 1983/1995; B.A., Williams College, 1981; Partner, Covington & Burling, 1999-2004. I would like to thank my research assistant, Thomas Cothran (J.D. 2012), without whose assistance this Article would not have been possible. In particular, Thomas's research on the scholarly literature surrounding the subject of this Article proved invaluable. 113 114 OHIO NORTHERN UNIVERSITY LAW REVIEW [Vol. 39 Otherwise, efforts to refonn legal education may do little more than build glass houses on shifting sands. TABLE OF CONTENTS I. Introduction. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .... 115 II. Broad Impact of Carnegie Report Justifies Careful Study ............ 119 A. The Carnegie Report and Current Efforts to Refonn Legal Education .... '" ........................................................ 120 B. Academic Discussions of the Carnegie Report ..................... 130 III. The Carnegie Report's Backbone: A Teleological Ethical Framework ................................................................. " 134 A. What Is a Teleological Ethical Theory? ............................. 135 B. The Carnegie Report Relies Heavily on a Teleological Ethical Framework ............................................................... 146 1. Fonnation and Formative Education ........................... 147 2. The Three Apprenticeships ....................................... 152 a. The Cognitive Apprenticeship .............................. 155 b. The Practical Apprenticeship ............................... 162 c. The Apprenticeship of Identity and Purpose ............. 169 d. The Third Apprenticeship Provides a Purpose for the First and Second .............................................. 180 e. The Lacuna: No Purpose for Legal Profession ........... 185 IV. Two Competing Ethical Frameworks: Emotivism and Contractarianism ............................................................ 194 A. The Shadow Ethical Framework: Emotivism..................... 194 B. A Half-Hearted Reponse? The Contractarian Framework ....... 205 V. Getting Serious about the Teleological Framework .................... 225 A. Why Build on the Carnegie Report? ................................. 226 B. Why Provide Any Type of Ethical Grounding? .................... 231 C. Propaedeutic Punch List ............................................... 233 1. What is the Telos of the Legal Profession? .................... 234 2. How Can We Ground the Telos After Jettisoning the Contractarian Argument? ......................................... 238 3. Fonnation and Character-What Are the Lawyerly . Virtues? ............................................................. 242 4. What Is the Raw, Unfonned Character of the Novice Lawyer? ............................................................ 245 2012] TWO AND A HALF ETHICAL THEORIES 115 5. What Are the Virtues or Excellences of the Law Professor? . .. .. 250 6. What Is the Proper Response to Emotivism in the Law Faculty and Law Students? . .. .. 258 a. Refutation ............................ 259 b. Incorporation .......................... 271 I. INTRODUCTION In early 2007, the Carnegie Foundation for the Advancement of Teaching ("Carnegie Foundation") released a report entitled Educating Lawyers: Preparationfor the Profession of Law ("Carnegie Report" or "Report").' The Report paints a bleak portrait of the current state of the legal profession. Many commentators from within law schools have also pointed to troubling declines in public esteem for the profession and attorneys' apparently growing dissatisfaction with their work, offering empirical evidence that these problems are widespread and serious. According to many observers, the 'crisis of professionalism' is manifest in a decline of civility and an increase in adversarialism, a decline in the role of the counselor and in lawyers' competence, including ethical competence, and a new sense of the law as a business, subject to greater competitive economic pressures and answerable only to the bottom line. Others note a loss of calling or sense of purpose among lawyers.2 According to the Report, critics also have accused lawyers and other professionals of "professional self-absorption and irresponsible disconnection from the public."' As the Report argues, "[w]hatever the merits of 'value-free' knowledge, they do not transfer well to the idea of 'value-free' professionals."4 In response to these serious concerns about the legal profession's ethical (dis)engagement and loss of purpose, the Report calls for reforming legal education, because "[a] reawakening of professional 61an must include 1. wILLIAM M. SULLIVAN ET AL., EDUCATING LAWYERS: PREPARATION FOR THE PROFESSION OF LAW (2007) [hereinafter CARNEGIE REPORT]. 2. Id. at 136-37. 3. Id. at 7. 4. Id. at 136-37. 116 OHIO NORTHERN UNIVERSITY LA WREVIEW [Vol. 39 revitalizing legal preparation."5 The Report "examines the dramatic way that law schools develop legal understanding and form professional identity."6 In particular, the Report focuses on the question "[h]ow effectively does legal education integrate the moral obligations of lawyering with its intellectual and clinical demands?"7 Summarizing their conclusions, the authors of the Report state: The dramatic results of the first year of law school's emphasis on well-honed skills of legal analysis should be matched by similarly strong skill in serving clients and a solid ethical grounding. If legal education were serious about such a goal, it would require a bolder, more integrated approach that would build on its strengths and address its most serious limitations. In a 2011 editorial entitled "Legal Education Reform,"9 the New York Times picked up on these themes from the Carnegie Report and sounded an alarm. According to the editorial, American legal education is in crisis. The economic downturn has left many recent law graduates saddled with crushing student loans and bleak job prospects. The law schools have been targets of lawsuits by students and scrutiny from the United States Senate for alleged false advertising about potential jobs. Yet, at the
Load more

Recommended publications
  • Retracing Augustine's Ethics: Lying, Necessity, and the Image Of
    Valparaiso University ValpoScholar Christ College Faculty Publications Christ College (Honors College) 12-1-2016 Retracing Augustine’s Ethics: Lying, Necessity, and the Image of God Matthew Puffer Valparaiso University, [email protected] Follow this and additional works at: https://scholar.valpo.edu/cc_fac_pub Recommended Citation Puffer, M. (2016). "Retracing Augustine’s ethics: Lying, necessity, and the image of God." Journal of Religious Ethics, 44(4), 685–720. https://doi.org/10.1111/jore.12159 This Article is brought to you for free and open access by the Christ College (Honors College) at ValpoScholar. It has been accepted for inclusion in Christ College Faculty Publications by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at [email protected]. RETRACING AUGUSTINE’S ETHICS Lying, Necessity, and the Image of God Matthew Puffer ABSTRACT Augustine’s exposition of the image of God in Book 15 of On The Trinity (De Trinitate) sheds light on multiple issues that arise in scholarly interpretations of Augustine’s account of lying. This essay argues against interpretations that pos- it a uniform account of lying in Augustine—with the same constitutive features, and insisting both that it is never necessary to tell a lie and that lying is abso- lutely prohibited. Such interpretations regularly employ intertextual reading strategies that elide distinctions and developments in Augustine’sethicsoflying. Instead, I show how looking at texts written prior and subsequent to the texts usually consulted suggests a trajectory in Augustine’s thought, beginning with an understanding of lies as morally culpable but potentially necessary, and cul- minating in a vision of lying as the fundamental evil and the origin of every sin.
    [Show full text]
  • The Problem of Evil in Augustine's Confessions
    University of South Florida Scholar Commons Graduate Theses and Dissertations Graduate School 2011 The rP oblem of Evil in Augustine's Confessions Edward Matusek University of South Florida, [email protected] Follow this and additional works at: http://scholarcommons.usf.edu/etd Part of the American Studies Commons, and the Philosophy Commons Scholar Commons Citation Matusek, Edward, "The rP oblem of Evil in Augustine's Confessions" (2011). Graduate Theses and Dissertations. http://scholarcommons.usf.edu/etd/3733 This Dissertation is brought to you for free and open access by the Graduate School at Scholar Commons. It has been accepted for inclusion in Graduate Theses and Dissertations by an authorized administrator of Scholar Commons. For more information, please contact [email protected]. The Problem of Evil in Augustine’s Confessions by Edward A. Matusek A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy Department of Philosophy College of Arts and Sciences University of South Florida Major Professor: Thomas Williams, Ph.D. Roger Ariew, Ph.D. Joanne Waugh, Ph.D. Charles B. Guignon, Ph.D. Date of Approval: November 14, 2011 Keywords: theodicy, privation, metaphysical evil, Manichaeism, Neo-Platonism Copyright © 2011, Edward A. Matusek i TABLE OF CONTENTS Abstract iii Chapter One: Introduction to Augustine’s Confessions and the Present Study 1 Purpose and Background of the Study 2 Literary and Historical Considerations of Confessions 4 Relevance of the Study for Various
    [Show full text]
  • Life with Augustine
    Life with Augustine ...a course in his spirit and guidance for daily living By Edmond A. Maher ii Life with Augustine © 2002 Augustinian Press Australia Sydney, Australia. Acknowledgements: The author wishes to acknowledge and thank the following people: ► the Augustinian Province of Our Mother of Good Counsel, Australia, for support- ing this project, with special mention of Pat Fahey osa, Kevin Burman osa, Pat Codd osa and Peter Jones osa ► Laurence Mooney osa for assistance in editing ► Michael Morahan osa for formatting this 2nd Edition ► John Coles, Peter Gagan, Dr. Frank McGrath fms (Brisbane CEO), Benet Fonck ofm, Peter Keogh sfo for sharing their vast experience in adult education ► John Rotelle osa, for granting us permission to use his English translation of Tarcisius van Bavel’s work Augustine (full bibliography within) and for his scholarly advice Megan Atkins for her formatting suggestions in the 1st Edition, that have carried over into this the 2nd ► those generous people who have completed the 1st Edition and suggested valuable improvements, especially Kath Neehouse and friends at Villanova College, Brisbane Foreword 1 Dear Participant Saint Augustine of Hippo is a figure in our history who has appealed to the curiosity and imagination of many generations. He is well known for being both sinner and saint, for being a bishop yet also a fellow pilgrim on the journey to God. One of the most popular and attractive persons across many centuries, his influence on the church has continued to our current day. He is also renowned for his influ- ence in philosophy and psychology and even (in an indirect way) art, music and architecture.
    [Show full text]
  • Vietnamese Existential Philosophy: a Critical Reappraisal
    VIETNAMESE EXISTENTIAL PHILOSOPHY: A CRITICAL REAPPRAISAL A Dissertation Submitted to the Temple University Graduate Board In Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy By Hi ền Thu Lươ ng May, 2009 i © Copyright 2009 by Hi ền Thu Lươ ng ii ABSTRACT Title: Vietnamese Existential Philosophy: A Critical Reappraisal Lươ ng Thu Hi ền Degree: Doctor of Philosophy Temple University, 2009 Doctoral Advisory Committee Chair: Lewis R. Gordon In this study I present a new understanding of Vietnamese existentialism during the period 1954-1975, the period between the Geneva Accords and the fall of Saigon in 1975. The prevailing view within Vietnam sees Vietnamese existentialism during this period as a morally bankrupt philosophy that is a mere imitation of European versions of existentialism. I argue to the contrary that while Vietnamese existential philosophy and European existentialism share some themes, Vietnamese existentialism during this period is rooted in the particularities of Vietnamese traditional culture and social structures and in the lived experience of Vietnamese people over Vietnam’s 1000-year history of occupation and oppression by foreign forces. I also argue that Vietnamese existentialism is a profoundly moral philosophy, committed to justice in the social and political spheres. Heavily influenced by Vietnamese Buddhism, Vietnamese existential philosophy, I argue, places emphasis on the concept of a non-substantial, relational, and social self and a harmonious and constitutive relation between the self and other. The Vietnamese philosophers argue that oppressions of the mind must be liberated and that social structures that result in violence must be changed. Consistent with these ends Vietnamese existentialism proposes a multi-perspective iii ontology, a dialectical view of human thought, and a method of meditation that releases the mind to be able to understand both the nature of reality as it is and the means to live a moral, politically engaged life.
    [Show full text]
  • Kirsten Ainley Virtue Ethics
    Kirsten Ainley Virtue Ethics Book section Original citation: Originally published in Oxford Research Encyclopedia of International Studies. Oxford University Press and the International Studies Association. © 2017 OUP/ISA This version available at: http://eprints.lse.ac.uk/69534/ Available in LSE Research Online: March 2017 This is a draft of a chapter that has been accepted for publication by Oxford University Press in the forthcoming book Oxford Research Encyclopedia of International Studies edited by Oxford University Press and the International Studies Association due for publication in 2017. LSE has developed LSE Research Online so that users may access research output of the School. Copyright © and Moral Rights for the papers on this site are retained by the individual authors and/or other copyright owners. Users may download and/or print one copy of any article(s) in LSE Research Online to facilitate their private study or for non-commercial research. You may not engage in further distribution of the material or use it for any profit-making activities or any commercial gain. You may freely distribute the URL (http://eprints.lse.ac.uk) of the LSE Research Online website. This document is the author’s submitted version of the book section. There may be differences between this version and the published version. You are advised to consult the publisher’s version if you wish to cite from it. Virtue Ethics Kirsten Ainley London School of Economics [email protected] For publication in the Oxford Research Encyclopaedia of International Studies (Oxford University Press and the International Studies Association) 2017.
    [Show full text]
  • Annotated Bibliography of Journals for Educational Scholarship
    AAMC-Regional Groups on Educational Affairs (GEA) Medical Education Scholarship, Research and Evaluation Section Annotated Bibliography of Journals for Educational Scholarship Revised July 2019 Coordinated by: SGEA (Southern Group on Educational Affairs) in collaboration with NEGEA, WGEA and CGEA. Compiled by: Andrea Berry, MPA University of Central Florida College of Medicine Compiling Authors: Lisa Coplit, MD Frank H. Netter MD School of Medicine Alice Fornari, EdD, RD Hofstra North Shore-LIJ University School of Medicine Larrie Greenberg, MD George Washington University School of Medicine Keith Metzger, PhD Hofstra North Shore-LIJ University School of Medicine Susan Pasquale, PhD, MT-BC, NMT University of Massachusetts Medical School Janine Shapiro, MD University of Rochester Medical Center Laura Willett, MD, FACP Robert Wood Johnson Medical School Nagaswami Vasan, PhD UMDNJ-Robert Wood Johnson Medical School DR-ED E-list Librarian Coordinators Pamela Herring, MLIS, D-AHIP, Harriet F. Ginsburg Health Sciences Library, University of Central Florida College of Medicine Judy M. Spak, MLS, Harvey Cushing/John Hay Whitney Medical Library, Yale School of Medicine For questions/suggestions contact Andrea Berry at [email protected]. THANKS! Contents Academic Emergency Medicine 5 Academic Emergency Medicine Education & Training 5 Academic Medicine 6 Academic Pathology - Supports Open Access 7 Academic Pediatrics 7 Academic Psychiatry - Supports Open Access 8 Academic Radiology - Supports Open Access 9 Advances in Health Sciences Education
    [Show full text]
  • Dr. Christine Daigle (Brock University) Books 8. Rethinking the Human
    LIST OF PUBLICATIONS – Dr. Christine Daigle (Brock University) Books 8. Rethinking the Human: Posthuman Vulnerability and its Ethical Potential. (in preparation). 7. Nietzsche as Phenomenologist. (submitted and under review at Edinburgh University Press). 6. Posthumanisms Through Deleuze. Christine Daigle and Terrance McDonald (eds.) (submitted and under review at Indiana University Press). 5. Nietzsche and Phenomenology: Power, Life, Subjectivity. Élodie Boublil and Christine Daigle (eds.), Studies in Continental Thought Series, Indiana University Press, 2013. 4. Jean-Paul Sartre. London: Routledge. Critical Thinkers Series, 2009. 3. Beauvoir and Sartre: The Riddle of Influence. Christine Daigle and Jacob Golomb (eds.). Bloomington: Indiana University Press, 2009. 2. Existentialist Thinkers and Ethics. Christine Daigle (ed.). Kingston and Montreal: McGill/Queen’s University Press, 2006. 1. Le nihilisme est-il un humanisme? Étude sur Nietzsche et Sartre. Sainte-Foy: Presses de L’Université Laval, 2005. Chapters in books 21. “Fascism and the Entangled Subject, or How to Resist Fascist Toxicity.” In Rosi Braidotti, Simone Bignall, Christine Daigle, Rick Dolphijn, Zeynep Gambetti, Woosung Kang, John Protevi, and Gregory J. Seigworth. How to Live the Anti- Fascist Life and Endure the Pain. New York: Columbia University Press (forthcoming 2020). 20. “Simone de Beauvoir.” Handbook of Phenomenology. Burt C. Hopkins and Claudio Majolino (eds.), London: Routledge (forthcoming 2020). 19. “Unweaving the Threads of Influence: Beauvoir and Sartre.” A Companion to Simone de Beauvoir. Nancy Bauer and Laura Hengehold (eds.), Oxford: Wiley- Blackwell, 2017, 260-270. 18. “Trans-subjectivity/Trans-objectivity.” Feminist Phenomenology Futures. Helen Fielding and Dorothea Olkowski (eds.), Bloomington: Indiana University Press, 2017, 183-199. 17. “Beauvoir and the Meaning of Life: Literature and Philosophy as Human Engagement in the World.” Feminist Philosophies of Life.
    [Show full text]
  • CONSEQUENTIALISM Brad Hooker
    37 CONSEQUENTIALISM Brad Hooker The definition of consequentialism A consequentialist theory evaluates things exclusively in terms of consequences. For example, beliefs could be evaluated in terms of the consequences of holding them (an approach often called pragmatism). The most common forms of con- sequentialism, however, focus on the evaluation of acts and sets of rules. And the rest of this chapter will stick to that focus. The most familiar kind of consequentialism is the kind of utilitarianism maintaining that an act is morally right if and only if no alternative act has con- sequences containing greater welfare (or net benefit), impartially assessed. In uti- litarians’ impartial assessment of welfare, a benefit (i.e. addition to someone’s welfare) or harm (loss to welfare) to any one individual gets the same weight as the same size benefit or harm to anyone else. Thus, benefits and harms to everyone count equally, no matter what his or her ethnic group, religion, wealth, education, political views, talent, or conscientiousness; all that matters is the size of the benefits and harms. This kind of utilitarianism is maximizing in the sense that it calls for an act with unsurpassed consequences (anything less than the best isn’t good enough, according to act-utilitarianism). And this theory is direct in the sense that the acts are assessed solely and directly by their own consequences (not, for example, by whether the acts are allowed by the rules with the best consequences). Thus the theory is known as maximizing act-utilitarianism. While maximizing act-utilitarianism is the most familiar form of con- sequentialism, defining consequentialism so that this is the only form is a naive mistake.
    [Show full text]
  • Consequentialism and Environmental Ethics Avram Hiller
    Introduction: Consequentialism and Environmental Ethics Avram Hiller and Leonard Kahn (PENULTIMATE DRAFT – PLEASE CITE FINAL VERSION) 1. Ethics and the environment One of the defining features of our era will be the way in which humanity deals with environmental challenges. We are faced with the threat that due to human activities, there will be climatological changes which will affect the entire planet, causing harm to millions if not billions of people and leading to massive species extinction. But anthropogenic climate change is only one among many interrelated environmental problems. Every day there is news of the environmental impacts of natural resource extraction, or of the treatment of animals in industrial farms, or of species extinction, or of genetically modified organisms, or of limitations in the supply of clean water, to give just a few examples. In more general terms, the challenge to be sustainable is one of the core ethical issues of our time. The environmental movement in the West is not a new movement, but humanity faces a critical moment in confronting the challenges we face. These issues are making the headlines, but behind the scenes, philosophers are working on questions both directly within environmental ethics as well as on more general questions in ethical theory which can apply to these issues. Environmental ethics has been and continues to be an exciting area of growth within philosophy. The last decade has seen a steady increase in the number of journals, books, and classes devoted to the subject. For all that, environmental ethics remains a young sub-discipline, and for various reasons, it has been to a significant degree marginalized as a sub-discipline within philosophical ethics.
    [Show full text]
  • Ethics in Scientific Research: an Examination of Ethical Principles and Emerging Topics
    Ethics in Scientific Research An Examination of Ethical Principles and Emerging Topics Cortney Weinbaum, Eric Landree, Marjory S. Blumenthal, Tepring Piquado, Carlos Ignacio Gutierrez C O R P O R A T I O N For more information on this publication, visit www.rand.org/t/RR2912 Library of Congress Cataloging-in-Publication Data is available for this publication. ISBN: 978-1-9774-0269-1 Published by the RAND Corporation, Santa Monica, Calif. © Copyright 2019 RAND Corporation R® is a registered trademark. Limited Print and Electronic Distribution Rights This document and trademark(s) contained herein are protected by law. This representation of RAND intellectual property is provided for noncommercial use only. Unauthorized posting of this publication online is prohibited. Permission is given to duplicate this document for personal use only, as long as it is unaltered and complete. Permission is required from RAND to reproduce, or reuse in another form, any of its research documents for commercial use. For information on reprint and linking permissions, please visit www.rand.org/pubs/permissions. The RAND Corporation is a research organization that develops solutions to public policy challenges to help make communities throughout the world safer and more secure, healthier and more prosperous. RAND is nonprofit, nonpartisan, and committed to the public interest. RAND’s publications do not necessarily reflect the opinions of its research clients and sponsors. Support RAND Make a tax-deductible charitable contribution at www.rand.org/giving/contribute www.rand.org Preface The goal of this project was to provide researchers, government officials, and others who create, modify, and enforce ethics in scientific research around the world with an understanding of how ethics are created, monitored, and enforced across scientific disciplines and across international borders.
    [Show full text]
  • The Ethics of Conscious Capitalism: Wicked Problems in Leading Change and Changing Leaders
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by epublications@Marquette Marquette University e-Publications@Marquette College of Communication Faculty Research and Communication, College of Publications 5-1-2013 The thicE s of Conscious Capitalism: Wicked Problems in Leading Change and Changing Leaders Jeremy P. Fyke Marquette University, [email protected] Patrice M. Buzzanell Purdue University Accepted version. Human Relations, Vol. 66, No. 12 (December 2013). DOI. © 2013 SAGE Publications. Used with permission. NOT THE PUBLISHED VERSION; this is the author’s final, peer-reviewed manuscript. The published version may be accessed by following the link in the citation at the bottom of the page. The Ethics of Conscious Capitalism: Wicked Problems in Leading Change and Changing Leaders Jeremy P. Fyke Diederich College of Communication, Marquette University Milwaukee, WI Patrice M. Buzzanell Brian Lamb School of Communication, Purdue University W. Lafayette, IN Abstract: Given corporate scandals, organizational crises, and accounting irregularities (e.g., Citigroup, BP oil spill, Enron, Arthur Andersen), leadership ethics has grown in relevance. The current study takes a discursive approach to engage in a multimethod case study of a consulting and leadership development firm that takes Conscious Capitalism as the impetus for and target of leader development. Using constructivist grounded theory and critical discourse analysis, we reveal themes and “best practices” voiced by consultants and
    [Show full text]
  • 21 Moral Machines and the Threat of Ethical Nihilism
    21 Moral Machines and the Threat of Ethical Nihilism Anthony F. Beavers In his famous 1950 paper where he presents what became the benchmark for success in artifi cial intelligence, Turing notes that “ at the end of the century the use of words and general educated opinion will have altered so much that one will be able to speak of machines thinking without expecting to be contradicted ” ( Turing 1950 , 442). Kurzweil suggests that Turing ’ s prediction was correct, even if no machine has yet to pass the Turing Test ( 1990 ). In the wake of the computer revolution, research in arti- fi cial intelligence and cognitive science has pushed in the direction of interpreting “ thinking ” as some sort of computational process. On this understanding, thinking is something computers (in principle) and humans (in practice) can both do. It is diffi cult to say precisely when in history the meaning of the term “ thinking ” headed in this direction. Signs are already present in the mechanistic and mathemati- cal tendencies of the early modern period, and maybe even glimmers are apparent in the thoughts of the ancient Greek philosophers themselves. But over the long haul, we somehow now consider “ thinking ” as separate from the categories of “ thoughtful- ness ” (in the general sense of wondering about things), “ insight, ” and “ wisdom. ” Intelligent machines are all around us, and the world is populated with smart cars, smart phones, and even smart (robotic) appliances. But, though my cell phone might be smart, I do not take that to mean that it is thoughtful, insightful, or wise. So, what has become of these latter categories? They seem to be bygones, left behind by scien- tifi c and computational conceptions of thinking and knowledge that no longer have much use for them.
    [Show full text]