Chapter 1. Introduction to Computer Ethics
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Efficiency, Enforcement, and Punishment Jim Staihar Robert H
Notre Dame Journal of Law, Ethics & Public Policy Volume 31 | Issue 2 Article 3 2017 Efficiency, Enforcement, and Punishment Jim Staihar Robert H. Smith School of Business, University of Maryland Follow this and additional works at: https://scholarship.law.nd.edu/ndjlepp Part of the Criminal Law Commons, Law and Philosophy Commons, and the Legal Ethics and Professional Responsibility Commons Recommended Citation Jim Staihar, Efficiency, Enforcement, and Punishment, 31 Notre Dame J.L. Ethics & Pub. Pol'y 339 (2017). Available at: https://scholarship.law.nd.edu/ndjlepp/vol31/iss2/3 This Article is brought to you for free and open access by the Notre Dame Journal of Law, Ethics & Public Policy at NDLScholarship. It has been accepted for inclusion in Notre Dame Journal of Law, Ethics & Public Policy by an authorized editor of NDLScholarship. For more information, please contact [email protected]. \\jciprod01\productn\N\NDE\31-2\NDE203.txt unknown Seq: 1 13-JUL-17 11:32 EFFICIENCY, ENFORCEMENT, AND PUNISHMENT JIM STAIHAR* ABSTRACT The law and economics literature on punishment reveals strong reasons of efficiency to adopt an extreme enforcement policy for any type of crime as a means to promoting deterrence. Under such an extreme policy, a crime’s severity of punishment would be set extremely high, but its probability of punishment would be set extremely low by minimizing the resources devoted to enforcing the law against the crime. This sort of policy applied to a moderately serious crime, such as a simple assault, would seem strongly unreasonable all things considered. However, it is not immediately obvi- ous why such a policy would be so unreasonable on the assumption that the policy would be an efficient means of promoting deterrence. -
Motivations Behind Software Piracy: from the Viewpoint of Computer Ethics Theories
Motivations behind Software Piracy: From the viewpoint of Computer Ethics Theories University of Oulu Department of Information Processing Science Master’s Thesis Bethelhem Tadele Oulu 2013 Abstract Computer Ethics is a study of ethical issues that are related mainly with computing machines and computing profession. The features of internet that, it is global and interactive, it allows users to stay anonymous, and it enables reproducibility of information possible unlike before makes the online behavior morally different. Computer ethics studies the nature and social influence of computing machines and ethical issues in formulating and justification of policies. Software Piracy, which is the unauthorized use or copying of software illegally, has become a major problem for businesses and it is widespread in many parts of the world which led to drain of economy. As the access to use computer grows, the percentage for using pirated software also grows. The Business Software Alliance (BSA) and the Software Publishers Association (SPA) made estimation (2010) that there are two-ten illegal copies of software are available for every legal copy of software sold. Software piracy is one of the most remarkable among computer ethics’ breaches. Unlike other activities like hacking and security breaches, which are outright illegal, software piracy technically covers a gray area of ethical principles, as they relate to computers and information technology. This is because people might inadvertently commit the act without realizing that they are ethically/morally/legally wrong. When one buys software, it means that they actually are buying the software license but not the software. This is similar to artistic copyrights, where a composer/artist holds the license to his work and gains monetary compensation on a licensing basis. -
Legal Ethics and the Good Client
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by The Catholic University of America Columbus School of Law Catholic University Law Review Volume 36 Issue 2 Winter 1987 Article 3 1987 Legal Ethics and the Good Client Thomas L. Shaffer Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Thomas L. Shaffer, Legal Ethics and the Good Client, 36 Cath. U. L. Rev. 319 (1987). Available at: https://scholarship.law.edu/lawreview/vol36/iss2/3 This Address is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. BRENDAN F. BROWN LECTURE AND RESPONSE LEGAL ETHICS AND THE GOOD CLIENT* Thomas L. Shaffer** The distinctive feature of ethics in a profession is that it speaks to the unequal encounter of two moral persons. Legal ethics, which is a subject of study for lawyers, therefore, often becomes the study of what is good-not for me, but for this other person, over whom I have power. Legal ethics differs from ethics generally: ethics is thinking about morals. Legal ethics is thinking about the morals of someone else. It is concern with the goodness of someone else. In this view, legal ethics begins and ends with Socrates's ques- tion to the law professors of Athens: "Pray will you concern yourself with anything else than how we citizens can be made as good as possible?"' The subject in legal ethics is, in this way, the client's goodness, but legal ethics does not focus on the client's conscience. -
Rationing Legal Services
Rationing Legal Services The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation I. Glenn Cohen, Rationing Legal Services, 5 J. Legal Analysis 221 (2013). Published Version http://jla.oxfordjournals.org/content/5/1/221.full.pdf Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:16236029 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Other Posted Material, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#LAA RATIONING LEGAL SERVICES Downloaded from I. Glenn Cohen1 ABSTRACT http://jla.oxfordjournals.org/ There is a deepening crisis in the funding of legal services in the USA with cut backs in Legal Services Corporation and Interest on Lawyers Trust Account funding, rendering more visible the fact that there is and always will be persistent scarcity in the availability of both criminal and civil legal assistance. This article examines how existing Legal Service Providers (LSPs), both civil and criminal, should ration their services when they cannot help everyone. I draw on the bioethics literature on the allocation of medical goods (organs, ICU beds, vaccine doses, etc.) to illuminate the problems facing LSPs and the potential rationing principles they might adopt. at Ernst Mayr Library of the Museum Comp Zoology, Harvard University on June 9, 2015 1. INTRODUCTION There is a deepening crisis in the funding of legal services in the USA. The House of Representatives has proposed cutting the budget of the Legal Services Corporation (LSC), one of the main funders of legal assistance to America’s poor, to an all time low in inflation-adjusted terms (Ruger 2012). -
Philosophical Legal Ethics: an Affectionate History David Luban Georgetown University
Cornell University Law School Scholarship@Cornell Law: A Digital Repository Cornell Law Faculty Publications Faculty Scholarship Summer 2017 Philosophical Legal Ethics: An Affectionate History David Luban Georgetown University W. Bradley Wendel Cornell Law School, [email protected] Follow this and additional works at: http://scholarship.law.cornell.edu/facpub Part of the Legal Ethics and Professional Responsibility Commons Recommended Citation Luban, David and Wendel, W. Bradley, "Philosophical Legal Ethics: An Affectionate History," 30 Georgetown Journal of Legal Ethics 337 (2017) This Article is brought to you for free and open access by the Faculty Scholarship at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Faculty Publications by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. COMMEMORATIVE CONTRIBUTIONS Philosophical Legal Ethics: An Affectionate History DAVID LUBAN* & W. BRADLEY WENDELt ABSTRACT The modern subject of theoretical legal ethics began in the 1970s. This brief history distinguishes two waves of theoretical writing on legal ethics. The "First Wave" connects the subject to moral philosophy andfocuses on conflicts between ordinary morality and lawyers' role morality, while the "Second Wave" focuses instead on the role legal representationplays in maintaining and fostering a pluralist democracy. We trace the emergence of the First Wave to the larger social movements of the 1960s and 1970s; in the Conclusion, we speculate about possible directions for a Third Wave of theoretical legal ethics, based in behavioral ethics, virtue ethics, orfiduciary theory. TABLE OF CONTENTS INTRODUCTION. .......................................... 338 I. THE FIRST WAVE: LEGAL ETHICS AS A PROBLEM OF MORAL PH L OSOPHY ...................................... -
Legal Ethics and the Good Client
Notre Dame Law School NDLScholarship Journal Articles Publications 1987 Legal Ethics and the Good Client Thomas L. Shaffer Notre Dame Law School, [email protected] Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Part of the Legal Ethics and Professional Responsibility Commons Recommended Citation Thomas L. Shaffer, Legal Ethics and the Good Client, 36 Cath. U. L. Rev. 319 (1986-1987). Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/645 This Article is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. BRENDAN F. BROWN LECTURE AND RESPONSE LEGAL ETHICS AND THE GOOD CLIENT* Thomas L. Shaffer** The distinctive feature of ethics in a profession is that it speaks to the unequal encounter of two moral persons. Legal ethics, which is a subject of study for lawyers, therefore, often becomes the study of what is good-not for me, but for this other person, over whom I have power. Legal ethics differs from ethics generally: ethics is thinking about morals. Legal ethics is thinking about the morals of someone else. It is concern with the goodness of someone else. In this view, legal ethics begins and ends with Socrates's ques- tion to the law professors of Athens: "Pray will you concern yourself with anything else than how we citizens can be made as good as possible?"' The subject in legal ethics is, in this way, the client's goodness, but legal ethics does not focus on the client's conscience. -
Legal Ethics in England and Wales
Legal Ethics in England and Wales Avrom Sherr and Lisa Webley Institute of Advanced Legal Studies 1. The Profession The profession in England and Wales is the historical archetype of Common Law Legal Professions. Its distinguishing feature is the division between barristers and solicitors. Historically, barristers dealt with advocacy or representation of clients before the courts and with high level consultancy on difficult or specialist cases. Solicitors were involved in the office work including all the contact with lay clients directly. Since l991, it has been possible for solicitors, with an extra qualification, to act as advocates even in the highest courts. Barristers on the other hand, may now deal directly with certain professional clients, without the intervention of a solicitor. Many commentators feel that the two legal professions are in a state of gradual fusion. Solicitors make up the bulk of the legal profession and in l996 there were 87,081 solicitors on the roll, of which 68,037 held practising certificates. In contrast the barristers’ profession has 8,492 members1 Most solicitors will need Practising Certificates if they are to be involved in legal work. There are exceptions for those in local government, commerce and industry. In l996 there were 8,702 firms of solicitors in England and Wales which earned at least £15,000 per annum, with 4,377 of those firms classified as sole practitioners2. There are also some 5,771 legal executives3 who qualify separately from both barristers and solicitors, carry out lower level procedural or transactional work and must work under the supervision of solicitors. -
An Introduction to Cybersecurity Ethics MODULE AUTHOR: Shannon Vallor, Ph.D
An Introduction to Cybersecurity Ethics MODULE AUTHOR: Shannon Vallor, Ph.D. William J. Rewak, S.J. Professor of Philosophy, Santa Clara University TABLE OF CONTENTS Introduction 2-6 PART ONE: What are the important ethical issues in cybersecurity? 7-12 Case Study 1 13-15 PART TWO: Common ethical challenges for cybersecurity professionals 15-21 Case Study 2 21-24 Case Study 3 24-28 PART THREE: What are cybersecurity professionals’ obligations to the public? 29-34 Case Study 4 34-38 PART FOUR: What ethical frameworks can guide cybersecurity practice? 38-47 PART FIVE: What are ethical best practices in cybersecurity? 48-56 Case Study 5 57-60 Case Study 6 60-61 APPENDIX A: Relevant Professional Ethics Codes & Guidelines (Links) 62 APPENDIX B: Bibliography/Further Reading 63-65 1 An Introduction to Cybersecurity Ethics MODULE AUTHOR: Shannon Vallor, Ph.D. William J. Rewak, S.J. Professor of Philosophy, Santa Clara University 1. What do we mean when we talk about ‘ethics’? Ethics in the broadest sense refers to the concern that humans have always had for figuring out how best to live. The philosopher Socrates is quoted as saying in 399 B.C. that “the most important thing is not life, but the good life.”1 We would all like to avoid a bad life, one that is shameful and sad, fundamentally lacking in worthy achievements, unredeemed by love, kindness, beauty, friendship, courage, honor, joy, or grace. Yet what is the best way to obtain the opposite of this – a life that is not only acceptable, but even excellent and worthy of admiration? How do we identify a good life, one worth choosing from among all the different ways of living that lay open to us? This is the question that the study of ethics attempts to answer. -
Spring 2017 Course Schedule
SPRING 2017 PHI 1306 Introduction to Logic .01 Sandwisch MWF 9:05-9:55 MORRSN 105 .02 Cartagena MWF 10:10-11:00 MORRSN 105 .03 Guido MWF 11:15-12:05 MORRSN 105 .04 Cartagena MWF 1:25-2:15 MORRSN 105 .05 Brandt MWF 2:30-3:20 MORRSN 106 .06 Thornton TR 9:30-10:45 MORRSN 110 .07 Younger TR 11:00-12:15 MORRSN 108 .08 Thornton2 TR 12:30-1:45 MORRSN 110 .09 L. Rettler TR 2:00-3:15 MORRSN 110 .H1 Buras MWF 11:15-12:05 MORRSN 110 HNR PHI 1307 Critical Thinking .01 Marcum TR 11:00-12:15 MORRSN 110 Logic and Medicine PHI 1308 Introductory Topics in Ethics .01 Tweedt TR 9:30-10:45 MORRSN 107 Contemporary Ethical Issues .02 Beary MWF 11:15-12:05 MORRSN 108 Seven Deadly Sins .03 Wilson TR 2:00-3:15 MORRSN 106 Love and Sex PHI 1309 Introduction to Medical Ethics .01 Colgrove MWF 9:05-9:55 MORRSN 106 PHI 1310 Computer Ethics .01 Younger TR 9:30-10:45 MORRSN 108 PHI 1321 Introductory Topics in Philosophy .01 Anderson TR 9:30-10:45 MORRSN 106 Doubt, Questioning, The Search for Truth .02 Dougherty TR 11:00-12:15 MORRSN 106 C. S. Lewis and Philosophy PHI 2301 Existentialism .01 Sneed MWF 12:20-1:10 MORRSN 108 PHI 3301 Moral Philosophy .01 Beaty MWF 10:10-11:00 MORRSN 108 PHI 3310 History of Philosophy - Classical .01 Schultz 11/1/2016 SPRING 2017 TR 3:30-4:45 MORRSN 106 PHI 3312 History of Philosophy: Modern European .01 Evans TR 9:30-10:45 MORRSN 105 PHI 3320 Phil. -
Computer Ethics: Basic Concepts and Historical Overview
Computer Ethics: Basic Concepts and Historical Overview http://plato.stanford.edu/archives/win2001/entries/ethics-computer/ This is a file in the archives of the Stanford Encyclopedia of Philosophy . Stanford Encyclopedia of Philosophy A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z Computer Ethics: Basic Concepts and Historical Overview Computer ethics is a new branch of ethics that is growing and changing rapidly as computer technology also grows and develops. The term "computer ethics" is open to interpretations both broad and narrow. On the one hand, for example, computer ethics might be understood very narrowly as the efforts of professional philosophers to apply traditional ethical theories like utilitarianism, Kantianism, or virtue ethics to issues regarding the use of computer technology. On the other hand, it is possible to construe computer ethics in a very broad way to include, as well, standards of professional practice, codes of conduct, aspects of computer law, public policy, corporate ethics--even certain topics in the sociology and psychology of computing. In the industrialized nations of the world, the "information revolution" already has significantly altered many aspects of life -- in banking and commerce, work and employment, medical care, national defense, transportation and entertainment. Consequently, information technology has begun to affect (in both good and bad ways) community life, family life, human relationships, education, freedom, democracy, and so on (to name a few examples). Computer ethics in the broadest sense can be understood as that branch of applied ethics which studies and analyzes such social and ethical impacts of information technology. -
Lawyers and Social Media: the Legal Ethics of Tweeting, Facebooking and Blogging
Touro Law Review Volume 28 Number 1 Article 7 July 2012 Lawyers and Social Media: The Legal Ethics of Tweeting, Facebooking and Blogging Michael E. Lackey Jr. Joseph P. Minta Follow this and additional works at: https://digitalcommons.tourolaw.edu/lawreview Part of the Legal Ethics and Professional Responsibility Commons Recommended Citation Lackey, Michael E. Jr. and Minta, Joseph P. (2012) "Lawyers and Social Media: The Legal Ethics of Tweeting, Facebooking and Blogging," Touro Law Review: Vol. 28 : No. 1 , Article 7. Available at: https://digitalcommons.tourolaw.edu/lawreview/vol28/iss1/7 This Article is brought to you for free and open access by Digital Commons @ Touro Law Center. It has been accepted for inclusion in Touro Law Review by an authorized editor of Digital Commons @ Touro Law Center. For more information, please contact [email protected]. Lackey and Minta: Lawyers and Social Media LAWYERS AND SOCIAL MEDIA: THE LEGAL ETHICS OF TWEETING, FACEBOOKING AND BLOGGING By Michael E. Lackey Jr.* and Joseph P. Minta** *** I. INTRODUCTION Lawyers should not—and often cannot—avoid social media. Americans spend more than 20% of their online time on social media websites, which is more than any other single type of website.1 Many young lawyers grew up using the Internet and spent most of their college and law school years using social media sites. Some older attorneys have found that professionally-focused social media sites are valuable networking tools, and few big companies or law firms would ignore the marketing potential of websites like Facebook, Twitter, LinkedIn or YouTube. Finally, for litigators, these sites pro- vide valuable information about witnesses and opposing parties.2 Yet social media sites are also rife with professional hazards for unwary attorneys. -
Computer Ethics: Job of Computer Scientist
International Journals of Advanced Research in Research Article June Computer Science and Software Engineering 2017 ISSN: 2277-128X (Volume-7, Issue-6) Computer Ethics: Job of Computer Scientist Juneed Iqbal Bilal Maqbool Beigh Department of Computer science Department of Computer Science Mewar University cluster university of Kashmir Srinagar, India Srinagar, India DOI: 10.23956/ijarcsse/V7I6/0135 Abstract: This paper reiterates the fact that computer ethics is a job of computer scientist and not philosophers. This paper is divided into three sections. First section provides with a brief explanation and discussion on the weaknesses and shortcomings of classical ethical theories like Divine command theories, Ethical Egoism, Kantianism, Utilitarianism, Social Contract Theory and Virtue Ethics, which makes them unfit for the application of computer ethics. Second section discusses the ambiguity in theories proposed for foundation of computer ethics. Third section deals with professional ethics and discusses that Computer ethics is a domain of computer scientist. This article gives a clear picture of shortcoming of traditional ethical theories and need of new theory to deal with computer ethics. This article points out flaws in theories trying to give foundation for computer ethics. We suggest professional ethics as practical and preventive measure for computer ethics that caters to its requirements. We also explores the role of computer scientist for the application of computer ethics as a profession. Keywords: Computer ethics; computer scientist; professional ethics; foundational ambiguity; code of ethics. I. INTRODUCTION Modern day societies are driven by computing technologies and are critically dependent on it. Every aspect of society like health, finance, defense, education, transportation and an unending list of other systems which drive our society are dealing with computing technology and artefacts.