Wednesday, February 12, 2025

Why are Conflicts of Interest so Important in Justice? (Hypothetical Thought Experiment on Corruption and Hate)

Thinking through this long running thought experiment on building strong systems we find that conflicts of interest can have a profound impact on environments. This is just a philosophical discussion so take with a grain of salt. Simply just notice some of the conflicts of interests and ethical considerations based on social contracts and the essential purpose of law. As we think about this let us consider not the problem but more or less the solutions. This is why we we want the best and brightest coming forward.

The thought example,

A clan member with dark triad traits misused their position and social influence to target an out-group member for financial gain. People were harmed by false rumors, threats, intimidation, manipulation and corruption. It exposed a hidden network/gang with some extreme connections wih a history of misbehaviors. Complaints by multiple people ignored leading to additional victims and whistleblowers retaliated against to reduce potential exposure (The other might be social order). 

Blah, blah, blah you know the really bad stuff. We must sort of use a bad example to differentiate that from "normal" behaviors....

In the example there are no checks and balances and if one were to do a type of risk analysis you would find that there are likely other victims of the past and potential risk to victims in the future. That will depend of course on the ability to adjust/adapt and put in place certain checks-n-balances against conflicts of interest, extremism, and bias. Merit based systems are on merit and not on the lower forms of judgement often derailed by conflicts of interest and personal/group bias. Thus, to build strong systems that create trust one will want to minimize the impact of inappropriate conflicts of interest by independent review, audit, oversight and reversal of prior poor decisions if necessary.

In this example we may need additional disclosures to ensure that cerain friend networks are not impacting outcomes. That fully address in-out dynamics but does require people to disclose these relationships so that false or bias information doesn't taint decision making and warp outcomes.

The Concept of Conflict of Interest as a Decision-Making Problem and Ways of its Resolution

*This is a hypothetical philosophical thought experiment for learning and exploring concepts. Take with a grain of salt. 

Kapdras (2023) The Concept of Conflict of Interest as a Decision-Making Problem and Ways of its Resolution. Charles University in Prague Faculty of Law Research Paper No. I/1, 2023

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