This paper argues that the general practice of punishment cannot be successfully defended by appeals to social contract arguments based upon the work of John Rawls. Several attempts to present such justifications are discussed, including those by Murphy, Morris, Sterba, and Hoekema. It is argued that social contractors would not choose a practice of punishment because such a practice is a symbolic expression of society’s disapproval of offenses against the law. Social contractors would instead choose a practice which might have (...) some deterrent effect upon crime but would lack the feature of social contract theory. (shrink)

This paper argues that the general practice of punishment cannot be successfully defended by appeals to social contract arguments based upon the work of John Rawls. Several attempts to present such justifications are discussed, including those by Murphy, Morris, Sterba, and Hoekema. It is argued that social contractors would not choose a practice of punishment because such a practice is a symbolic expression of society’s disapproval of offenses against the law. Social contractors would instead choose a practice which might have (...) some deterrent effect upon crime but would lack the feature of social contract theory. (shrink)

This paper reviews the concept of human dignity as it has evolved in recent decisions by the United States Supreme Court, and the paper then sketches a “rights based” theory of human dignity. Among the principles of human dignity is a principle of compensation for mistakes in the treatment of any person. A broad concept of mistake is outlined, and, in terms of this concept and the principles of dignity, the practice of capital punishment is examined. An argument by Jeffrie (...) Murphy against capital punishment is stated and criticized and a stronger argument against capital punishment is presented. (shrink)

This paper reviews the concept of human dignity as it has evolved in recent decisions by the United States Supreme Court, and the paper then sketches a “rights based” theory of human dignity. Among the principles of human dignity is a principle of compensation for mistakes in the treatment of any person. A broad concept of mistake is outlined, and, in terms of this concept and the principles of dignity, the practice of capital punishment is examined. An argument by Jeffrie (...) Murphy against capital punishment is stated and criticized and a stronger argument against capital punishment is presented. (shrink)

Since Hilary Putnam offered multiple realization as an empirical hypothesis in the 1960s, philosophical consensus has turned against the idea that mental processes are identifiable with brain processes, and multiple realization has become the keystone of the 'antireductive consensus' across philosophy of science. Thomas W. Polger and Lawrence A. Shapiro offer the first book-length investigation of multiple realization, which serves as a starting point to a series of philosophically sophisticated and empirically informed arguments that cast doubt on the generality (...) of multiple realization in the cognitive sciences. They argue that mind-brain identities have played an important role in the growth and achievements of the cognitive sciences, and suggest that there is little prospect for multiple realization in an empirically-based theory of mind. This leads Polger and Shapiro to offer an alternative framework for understanding explanations in the cognitive sciences, as well as in chemistry, biology, and other non-basic sciences. (shrink)

Extant social contracts, deriving from communities of individuals, constitute a significant source of ethical norms in business. When found consistent with general ethical theories through the application of a filtering test, these real social contracts generate prima facie duties of compliance on the part of those who expressly or impliedly consent to the terms of the social contract, and also on the part of those who take advantage of the instrumental value of the social contracts. Businesspeople typically participate in multiple (...) communities and, as a consequence, encounter conflicting ethical norms. Priority rules can be devised to resolve such conflicts. The framework of extant social contracts merges normative and theoretical research in business ethics and specifies a domain for empirical studies. (shrink)

During the past ten years Integrative Social Contracts Theory (ISCT) has become part of the repertoire of specialized decision-oriented theories in the business ethics literature. The intention here is to (1)␣provide a brief overview of the structure and strengths of ISCT; (2) identify recurring themes in the extensive commentary on the theory including brief mention of how ISCT has been applied outside the business ethics literature; (3) describe where research appears to be headed; and (4) specify challenges faced by those (...) who seek to reform ISCT. Key themes in the critiquing literature relate to (a) the identification process for hypernorms; (b) justification of the recognition of hypernorms; (c) proposals for considering meso or meta norms; (d)␣clarification of the relationship between stakeholder concepts and ISCT; (e) problems with potentially unoccupied moral free space; (f) sources of ethical obligation within the ISCT framework; and (g) the potential role for concepts of stakeholder dialogue and engagement. (shrink)

This paper extends the discussion of guanxi beyond instrumental evaluations and advances a normative assessment of guanxi. Our discussion departs from previous analyses by not merely asking, Does guanxi work? but rather Should corporations use guanxi? The analysis begins with a review of traditional guanxi definitions and the changing economic and legal environment in China, both necessary precursors to understanding the role of guanxi in Chinese business transactions. This review leads us to suggest that there are distinct types of, and (...) uses for guanxi. We identify the potentially problematic aspects of certain forms of guanxi from a normative perspective, noting among other things, the close association of particular types of guanxi with corruption and bribery. We conclude that there are many different forms of guanxi that may have distinct impacts on economic efficiency and the well-being of ordinary Chinese citizens. Consistent with Donaldson and Dunfee (1999), we advocate a particularistic analysis of the different forms of guanxi. (shrink)

In Natural Minds Thomas Polger advocates, and defends, the philosophical theory that mind equals brain -- that sensations are brain processes -- and in doing so brings the mind-brain identity theory back into the philosophical debate about consciousness. The version of identity theory that Polger advocates holds that conscious processes, events, states, or properties are type- identical to biological processes, events, states, or properties -- a "tough-minded" account that maintains that minds are necessarily indentical to brains, a position held (...) by few current identity theorists. Polger's approach to what William James called the "great blooming buzzing confusion" of consciousness begins with the idea that we need to know more about brains in order to understand consciousness fully, but recognizes that biology alone cannot provide the entire explanation. Natural Minds takes on issues from philosophy of mind, philosophy of science, and metaphysics, moving freely among them in its discussion.Polger begins by answering two major objections to identity theory -- Hilary Putnam's argument from multiple realizability and Saul Kripke's modal argument against mind-brain identity. He then offers a detailed account of functionalism and functional realization, which offer the most serious obstacle to consideration of identity theory. Polger argues that identity theory can itself satisfy the kind of explanatory demands that are often believed to favor functionalism. (shrink)

Firms possessing a unique competency to rescue the victims of a human catastrophe have a minimum moral obligation to devote substantial resources toward best efforts to aid the victims. The minimum amount that firms should devote to rescue is the largest sum of their most recent year’s investment in social initiatives, their five-year trend, their industry’s average, or the national average. Financial exigency may justify a lower level of investment. Alternative social investments may be continued if they have an equally (...) compelling rationale. These duties apply to the global pharmaceutical companies in the context of the AIDS pandemic in sub-Saharan Africa. (shrink)

Feeling moved or touched can be accompanied by tears, goosebumps, and sensations of warmth in the centre of the chest. The experience has been described frequently, but psychological science knows little about it. We propose that labelling one’s feeling as being moved or touched is a component of a social-relational emotion that we term kama muta. We hypothesise that it is caused by appraising an intensification of communal sharing relations. Here, we test this by investigating people’s moment-to-moment reports of feeling (...) moved and touched while watching six short videos. We compare these to six other sets of participants’ moment-to-moment responses watching the same videos: respectively, judgements of closeness, reports of weeping, goosebumps, warmth in the centre of the chest, happiness, and sadness. Our eighth time series is expert ratings of communal sharing. Time series analyses show strong and consistent cross-correlations of feeling moved and touched and closeness with each other and with each of the three physiological variables and expert-rated communal sharing – but distinctiveness from happiness and sadness. These results support our model. (shrink)

May lethal autonomous weapons systems—‘killer robots ’—be used in war? The majority of writers argue against their use, and those who have argued in favour have done so on a consequentialist basis. We defend the moral permissibility of killer robots, but on the basis of the non-aggregative structure of right assumed by Just War theory. This is necessary because the most important argument against killer robots, the responsibility trilemma proposed by Rob Sparrow, makes the same assumptions. We show that the (...) crucial moral question is not one of responsibility. Rather, it is whether the technology can satisfy the requirements of fairness in the re-distribution of risk. Not only is this possible in principle, but some killer robots will actually satisfy these requirements. An implication of our argument is that there is a public responsibility to regulate killer robots ’ design and manufacture. (shrink)

Abstract:Social contract is rapidly becoming one of the significant alternatives for analyzing ethical issues in business. Contractarian approaches emphasizing consent as a means of justifying principles can provide needed context for rendering normative judgements concerning economic behaviors. Current research issues include developing tests of consent for both hypothetical and extant social contracts, and empirically testing the assumptions of the major contractarian approaches. Open questions include exploring the relationship between contractarian business ethics and other approaches, such as stakeholder management and virtue (...) based ethics; and analysis of the intersection of contractarian approaches with the findings and assumptions of the field of moral psychology. Finally, the managerial utility of social contract based approaches needs to be explored with emphasis on identifying “translator” concepts. (shrink)

Firms possessing a unique competency to rescue the victims of a human catastrophe have a minimum moral obligation to devote substantial resources toward best efforts to aid the victims. The minimum amount that firms should devote to rescue is the largest sum of their most recent year’s investment in social initiatives, their five-year trend, their industry’s average, or the national average. Financial exigency may justify a lower level of investment. Alternative social investments may be continued if they have an equally (...) compelling rationale. These duties apply to the global pharmaceutical companies in the context of the AIDS pandemic in sub-Saharan Africa. (shrink)

This article argues for a view on languaging as inherently affective. Informed by recent ecological tendencies within cognitive science and distributed language studies a distinction between first order languaging (language as whole-body sense making) and second order language (language as system like constraints) is put forward. Contrary to common assumptions within linguistics and communication studies separating language-as-a-system from language use (resulting in separations between language vs. body-language and verbal vs. non-verbal communication etc.) the first/second order distinction sees language as emanating (...) from behavior making it possible to view emotion and affect as integral parts languaging behavior. Likewise, emotion and affect are studied, not as inner mental states, but as processes of organism-environment interactions. Based on video recordings of interaction between (1) children with special needs, and (2) couple in therapy and the therapist patterns of reciprocal influences between interactants are examined. Through analyzes of affective stance and patterns of inter-affectivity it is exemplified how language and emotion should not be seen as separate phenomena combined in language use, but rather as completely intertwined phenomena in languaging behavior constrained by second order patterns. (shrink)

Trust is difficult to define. Instead of doing so, I propose that the best way to understand the concept is through a genealogical account. I show how a root notion of trust arises out of some basic features of what it is for humans to live socially, in which we rely on others to act cooperatively. I explore how this concept acquires resonances of hope and threat, and how we analogically apply this in related but different contexts. The genealogical account (...) explains both why the notion has such value for us and why it is difficult to define. (shrink)

Abstract:A marketplace of morality (MOM) is a place where individuals act under the influence of their moral desires. A MOM produces an output representing the aggregate acted-upon moral preferences of its participants. Individual behavior is influenced by POPs, or passions of propriety. People implement POP preferences when they buy stock, purchase goods and services, choose jobs and so on. Firms respond by social cause marketing and other devices which encourage customers to align their social preferences with those represented by the (...) firm. The outputs of MOM constitute an important reference point for understanding business morality. Even so, the normative status of MOM outputs must be subject to principles of universal morality. A principle of greater preponderance is offered as a means for determining when a MOM output is ethically legitimate.A theory of moral choice, based upon the concept of a MOM, may have potential for providing a unifying framework integrating moral preferences, reasoning, behaviors and organizational contexts with broader political and economic concepts. (shrink)

A project on teaching business ethics at The Wharton School concluded that ethics should be directly incorporated into key MBA courses and taught by the core business faculty. The project team, comprised of students, ethics faculty and functional business faculty, designed a model program for integrating ethics. The project was funded by the Exxon Education Foundation.The program originates with a general introduction designed to familiarize students with literature and concepts pertaining to professional and business ethics and corporate social responsibility. This (...) may be accomplished through orientation sessions, readings, packages, short classes and lectures. (shrink)

Abstract:A marketplace of morality (MOM) is a place where individuals act under the influence of their moral desires. A MOM produces an output representing the aggregate acted-upon moral preferences of its participants. Individual behavior is influenced by POPs, or passions of propriety. People implement POP preferences when they buy stock, purchase goods and services, choose jobs and so on. Firms respond by social cause marketing and other devices which encourage customers to align their social preferences with those represented by the (...) firm. The outputs of MOM constitute an important reference point for understanding business morality. Even so, the normative status of MOM outputs must be subject to principles of universal morality. A principle of greater preponderance is offered as a means for determining when a MOM output is ethically legitimate.A theory of moral choice, based upon the concept of a MOM, may have potential for providing a unifying framework integrating moral preferences, reasoning, behaviors and organizational contexts with broader political and economic concepts. (shrink)

In the recent case of Nike v. Kasky both sides argued that their standard for distinguishing commercial speech from political speechwould create the better policy for ensuring accurate and complete disclosure of social information by corporations. Using insights frominformation economics, we argue that neither standard will achieve the policy goal of optimal truthful disclosure. Instead, we argue that the appropriate standard is one of optimal truthful disclosure—balancing the value of speech against the costs of misinformation. Specifically, we argue that an (...) SEC-sanctioned safe harbor available under a closely supervised system for social reporting will bring about optimal truthful disclosure. The scheme is intended to enhance stakeholder confidence in corporate social and political commentary, while at the same time encouraging corporations to provide accurate information in a fair playing field of public debate. (shrink)

With each of our three criminal-law topics—defining offenses, apprehending suspects, and establishing punishments—we feel, I believe, strong moral resistance to the idea that our practices should be settled by a prospective-participant perspective. This becomes quite clear when we look at how the “reforms” suggested by institutional viewing might combine once we consider all three topics together: imagine a more extensive and swifter use of the death penalty in homicide cases coupled with somewhat lower standards of evidence; or think of backing (...) a strict-liability criminal statute with the death penalty. Of course, such “reforms” would increase the execution of innocents; but, their proponents will tell us, any penal system involves the punishment of some innocents, and, if it provides for the death penalty, the execution of some innocents. Moreover, why is it worse for innocents to be punished than for innocents to suffer an equivalent harm in some other way? Formulated from a prospective-participant perspective: Why not run a small risk of being innocently executed in exchange for reducing, much more significantly, the risk of dying prematurely in other ways? (shrink)

This article develops a social epistemological analysis of Web-based search engines, addressing the following questions. First, what epistemic functions do search engines perform? Second, what dimensions of assessment are appropriate for the epistemic evaluation of search engines? Third, how well do current search engines perform on these? The article explains why they fulfil the role of a surrogate expert, and proposes three ways of assessing their utility as an epistemic tool—timeliness, authority prioritisation, and objectivity. “Personalisation” is a current trend in (...) Internet-delivered services, and consists in tailoring online content to the interests of the individual user. It is argued here that personalisation threatens the objectivity of search results. Objectivity is a public good; so there is a prima facie case for government regulation of search engines. (shrink)

Although many challenges remain, business ethics is flourishing in North America. Prominent organizations give annual business ethics awards, investments in socially screened mutual funds are increasing, ethics officers and corporate ombudspersons are more common and more influential, and new ideas are being tested in practice. On the academic side, two major journals specializing in business ethics are well-established and other major journals often include articles on business ethics and new organizations emphasizing ethics have been initiated. Within business schools, the number (...) of endowed chairs is growing and the ethics curriculum is expanding. Canada is a major player in the business ethics discipline while business ethics in Mexico is just beginning to emerge as a focus of interest in both the business and academic communities. (shrink)

Consider what the brain-state theorist has to do to make good his claims. He has to specify a physical–chemical state such that any organism (not just a mammal) is in pain if and only if (a) it possesses a brain of suitable physical–chemical structure; and (b) its brain is in that physical–chemical state. This means that the physical–chemical state in question must be a possible state of a mammalian brain, a reptilian brain, a mollusc’s brain (octopuses are mollusca, and certainly (...) feel pain), etc. At the same time, it must not be a possible (physically possible) state of the brain of any physically possible creature that cannot feel pain. Even if such a state can be found, it must be nomologically certain that it will also be a state of the brain of any extraterrestrial life that may be found that will be capable of feeling pain before we can even entertain the supposition that it may be pain. It is not altogether impossible that such a state will be found... . But this is certainly an ambitious hypothesis. (Putnam 1967/1975, p. 436) The belief that mental states are multiply realized is now nearly universal among philosophers, as is the belief that this fact decisively refutes the identity theory. I argue that the empirical support for multiple realization does not justify the confidence that has been placed in it. In order for multiple realization of mental states to be an objection to the identity theory, the neurological differences among pains, for example, must be such as to guarantee that they are of distinct neurological kinds. But the phenomena traditionally cited do not provide evidence of that sort of variation. In particular, examples of neural plasticity do not provide such evidence. (shrink)

According to the received view in philosophy of mind, mental states or properties are _realized_ by brain states or properties but are not identical to them. This view is often called _realization_ _physicalism_. Carl Gillett has recently defended a detailed formulation of the realization relation. However, Gillett’s formulation cannot be the relation that realization physicalists have in mind. I argue that Gillett’s “dimensioned” view of realization fails to apply to a textbook case of realization. I also argue Gillett counts as (...) realization some cases that should not count if realization physicalism is to be distinguished from its competitors in the usual ways. I conclude that the relation described by Gillett cannot be realization. (shrink)

Evidence suggests that the Ca2+/calmodulin-sensitive adenylyl cyclase may play a key role in neural plasticity and learning in Aplysia, Drosophila, and mammals. This dually-regulated enzyme has been proposed as a possible site of stimulus convergence during associative learning. This commentary discusses the evidence that is required to demonstrate that a protein in a second messenger cascade actually functions as a molecular site of associative integration. It also addresses the issue of how a dually-regulated protein could contribute to the temporal pairing (...) requirements of classical conditioning: that relationship between stimuli display both temporal contiguity and predictability. (shrink)

Philosophy &Public Affairs, Volume 47, Issue 4, Page 412-424, Fall 2019.