ABSTRACT The contemporary world is politically organised on the assumption that there exists an international community which should be governed by the rule of law under the authority of the United Nations Organisation. This idea may be called cosmopolitan liberalism. It is commonly criticised for ineffectiveness caused by excessive respect for the sovereignty of states. Recently, it has become apparent that cosmopolitan liberalism is inadequate to conceptualise and consequently to solve the practical problems posed by nationalism. David Miller has sought (...) to rehabilitate ‘nationality’in left‐liberal political philosophy. Reasons are presented for believing that his defence of nationality is inadequately articulated with cosmopolitan liberalism and consequently morally dangerous from a liberal point of view. (shrink)

ABSTRACT Genocide is a political catastrophe. Yet it has not received much academic attention. A few social scientists have studied it. Philosophers have largely ignored it. There is a large literature on the Holocaust, but there is little agreement as to how this should be related to other genocides. Some have argued that the Holocaust represented a crisis of Western culture, but that Western culture has not responded adequately for the lack of the appropriate self‐understanding. This crisis has been attributed (...) to the predominance of scientistic models of rationality in our culture. Social‐scientific approaches to genocide have been criticised because of their commitment to logical empiricism, which is held to be epistemologically and ethically inadequate. Ethical approaches based on liberal humanism have been criticised by post‐Nietzschean philosophers for their attachment to allegedly outworn metaphysical assumptions. However, the deconstruction of social science and liberal ethics leads in the direction of relativism and nihilism, which are either useless or dangerous in the face of evils such as genocide. The arguments against conventional social science and ethics are examined, and a counter‐critique made of post‐modern philosophy in order to clear the ground for constructive thinking about genocide. (shrink)

This book celebrates the work of Patricia Werhane, an iconic figure in business ethics. This festschrift is a collection of articles that build on Werhane’s contributions to business ethics in such areas as Employee Rights, the Legacy of Adam Smith, Moral Imagination, Women in Business, the development of the field of business ethics, and her contributions to such fields as Health Care, Education, Teaching, and Philosophy. All papers are new contributions to the management literature written by well-known business ethicists, such (...) as Norman Bowie, Richard De George, Ronald Duska, Edwin Hartman, Michael Hoffman, Mollie Painter-Morland, Mark Schwartz, Andrew Wicks, and others. The volume is comprised of articles that reflect on Werhane’s work as well as build on it as a way to advance further research. At the end of the festschrift, Pat Werhane provides responses to each chapter. The first chapter of the book also includes the overview of Patricia Werhane’s work and her academic career. The book is written to appeal to management scholars and graduate students interested in the areas of Business Ethics, Modern Capitalism, and Human Rights. Patricia Werhane is one of the most distinguished figures in the field of business ethics. She was a founder of the field, she is one of its leading scholars, and she has had a profound impact on the world of business practice. Among her many accomplishments, Pat is known for her original work on moral imagination, she is an acclaimed authority on employee rights in the workplace, and she is one of the leading scholars on Adam Smith. Having been active in Academia for over 50 years, Werhane is a prolific author of over a hundred articles and book chapters, and the author or editor of twenty-seven books, including Adam Smith and his Legacy for Modern Capitalism, Moral Imagination and Management Decision-Making, and co-authored books Organization Ethics in Health Care, Alleviating Poverty Through Profitable Partnerships, Obstacles to Ethical Decision-Making, Corporate Responsibility: The American Experience, and Research Approaches to Business Ethics and Corporate Responsibility. (shrink)

Previous ed. by : Lord Lloyd of Hampstead and M.D.A. Freeman.

Motherhood is no longer a clear-cut concept. Is it a mere biological fact, or does it require a volitional component? This question is answered differently throughout Europe. The French regime of accouchement sous X is more oriented towards the second option. Conversely, the English system identifies parturition as the exclusive determinant for defining legal motherhood. This debate has an impact on the resolution of another issue, namely whether an individual, preeminently a child, has a right to know about his/her origins. (...) The recognition of an absolute right of a woman to give birth anonymously evidently contravenes France’s obligation to protect the right to know one’s origins, as enshrined in the UNCRC as well as in the ECHR. Furthermore, despite its laudable purpose, the French regime has proved unable to prevent tragic events, such as infanticide, abandonment and abortion. But does English law offer a solution that is more respectful of children’s rights? To all appearances, it does, but not substantially. The denial of accouchement sous X should not be viewed as enhancing the overall protection of children’s rights in England. By providing abortion on demand, a woman’s right to renounce maternity is fully protected and, therefore, the legalization of anonymous birth would be superfluous. In light of the complexity of the issue whether a child has the right to know his/her origins, categorical positions are not appropriate, since they implicitly postulate hierarchies of rights. To the contrary, the acknowledgement of the competing rights as equally fundamental makes it possible to achieve a fair equilibrium between the interests of all parties involved. In this balancing exercise, the reconceptualization of identity as child-centered has the potential to overcome the culturally-constructed dichotomy of biological connections/social bonds and, therefore, to realize the best interests of every child. (shrink)

INDICE -/- Note biografiche Introduzione, di Riccardo Faucci -/- Parte I - Da Verri a Toniolo 1. Jeremy Bentham: Contemporary Interpretations, di M.D.A. Freeman 2. Su Helvétius, Beccaria e Bentham, di Letizia Gianformaggio 3. L'etica utilitaristica di Pietro Veti, di Vincenzo Polignano 4. ll liberismo interventista di Vincenzo Emanuele Sergio, di Anna Li Donni 5. Il concetto di " felicità pubblica, nella << Genesi del diritto penale » di Romagnosi, e il rapporto Romagnosi-Bentham, di Robertino Ghiringhelli 6. « La (...) più grande felicità per il maggior numero » all'Accademia dei Georgofili ( 18)0-1850), di Gabriella Gioli 7. Una nota su Manzoni critico dell'utilitarismo, di Maurizio Mori 8. Sul concetto di utile in Francesco Ferrara e in Maffeo Pantaleoni, di Daniela Parisi Acquaviva 9. Sul pensiero sociale cristiano di fronte all'edonismo, di Luciano Avagliano 10. Giuseppe Toniolo e il recupero cattolico dell'utile e del valore, di Anna Camaiti -/- Parte II Aspetti di storia del pensiero economico nell’età classica -/- 1. La filosofia economica di Thomas Hobbes, di Marco Bertozzi 2. Ordinamento del sapere, modelli metodologici ed economia politica in Adam Smith, di Sergio Cremaschi 3. Elementi classici nel pensiero di Adam Smith: giurisprudenza romana e morale stoica, di Gloria Vivenza 4. Il “lusso” negli economisti italiani del Settecento, di Cosimo Perrotta 5. Prezzi naturali, prezzi di mercato e legge degli sbocchi nel dibattito fra Malthus e Ricardo, di Lilia Costabile 6. Marx e la moneta, di Roberto Petrini -/- . (shrink)

Should face transplants be undertaken? This article examines the ethical problems involved from the perspective of the recipient, looking particularly at the question of identity, the donor and the donor’s family, and the disfigured community and society more generally. Concern is expressed that full face transplants are going ahead.

This year's volume of collected papers in the Current Legal Problems series provides in-depth analyses some important developments which have taken place in recent months. Public law has witnessed much activity both in the courts and in Parliament during the last twelve months and this is reflected in three essays which examine different aspects of human rights, equality, and the right to privacy. In the wake of the Royal Commission on Criminal Justice, two lengthy essays deal with evidence in police (...) investigations and the concept of due process and pre-trial criminal justice. (shrink)

This, the 55th volume of Current Legal Problems explores a wide range of subjects, both novel, and more conventional. There are essays on private and public international law, on European Community law, and on an 'English' constitution. The concept of freedom is analysed. There is an examination of the current state of evidence teaching and research, and of remedies in company law and in workplace harassment. Current Legal Issues is the sister volume to Current Legal problems. Based upon an international, (...) inter-disciplinary colloquium, it has thus far explored the links between law and science, law and literature, law and medicine, law and religion, and law and geography. Forthcoming volumes will cover law and history, law and popular culture, law and sociology, law and philosophy, and law and psychiatry. (shrink)

Current Legal Problems was established after the Second World War as a series of public lectures on law. It is now regarded as the most significant such series in the United Kingdom. Each year edited texts are reproduced in the form of a volume. This year's is the 56th such volume. The range of subject-matter as ever is wide. Subjects explored this year include the jurisprudence of Genesis; the law of delict; fair trials and safe convictions; and war, terrorism, and (...) international law. Amongst the contributors to this volume are Joseph Thomson, Lord Phillips of Worth Matravers, and Philippe Sands QCLReadership: Legal scholars and practitioners. (shrink)

This year's volume of collected papers in the Current Legal Problems series provides in-depth analyses some important developments which have taken place in recent months. Public law has witnessed much activity both in the courts and in Parliament during the last twelve months and this is reflected in three essays which examine different aspects of human rights, equality, and the right to privacy. In the wake of the Royal Commission on Criminal Justice, two lengthy essays deal with evidence in police (...) investigations and the concept of due process and pre-trial criminal justice. (shrink)

Law and Bioethics contains a broad range of essays by scholars interested in the interactions between law and bioethics It includes studies examining the regulation of stem cell research, human rights and bioethics, the regulation of reproductive technologies, and distributive justice in healthcare and pandemic planning.

This volume considers the many areas where medicine intersects with the law. Advances in medical research, reproductive science and genetics have given rise to unprecedented ethical and legal quandaries. These are reflected in chapters on cloning, organ donation, choosing genetic characteristics, and the use of Viagra.

Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloqium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. (...) -/- Law and Philosophy, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and philosophy. It includes studies examining the themes of the nature of law; and interactions between State, the citizen, and the law. (shrink)

Liberal theories of justice have often been unable to include the recognition of minority rights or of multiculturalism because of their emphasis on individuals. In contrast, recent theories of cultural recognition and minority rights have underestimated the tensions between group and individual rights. It is precisely the incorporation of past wrongs and their impact on present politics that can advance the liberal theory of justice for cultural minorities and their members.

Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloqium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice.Law (...) and Psychology, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and psychology. The volume includes studies of jury trials in terrorism cases, psychological evidence in family law cases, child witness testimony and the role of psychology in punishment theory. (shrink)

Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloqium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice.Law (...) and Psychology, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and psychology. The volume includes studies of jury trials in terrorism cases, psychological evidence in family law cases, child witness testimony and the role of psychology in punishment theory. (shrink)

“Tell me," Wittgenstein once asked a friend, "why do people always say, it was natural for man to assume that the sun went round the earth rather than that the earth was rotating?" His friend replied, "Well, obviously because it just looks as though the Sun is going round the Earth." Wittgenstein replied, "Well, what would it have looked like if it had looked as though the Earth was rotating?” What would it have looked like if we looked at all (...) sciences from the viewpoint of Wittgenstein’s philosophy? Wittgenstein is undoubtedly one of the most influential philosophers of the twentieth century. His complex body of work has been analysed by numerous scholars, from mathematicians and physicists, to philosophers, linguists, and beyond. This volume brings together some of his central perspectives as applied to the modern sciences and studies the influence they may have on the thought processes underlying science and on the world view it engenders. The contributions stem from leading scholars in philosophy, mathematics, physics, economics, psychology and human sciences; all of them have written in an accessible style that demands little specialist knowledge, whilst clearly portraying and discussing the deep issues at hand. (shrink)

At the forefront of international concerns about global legislation and regulation, a host of noted environmentalists and business ethicists examine ethical issues in consumption from the points of view of environmental sustainability, economic development, and free enterprise.

This latest volume in the acclaimed Ruffin Series in Business Ethics brings together the contributions to the annual Ruffin Lecture series, in which some of the leading scholars in business ethics addressed the question: Can business, and business education, be considered one of the humanities, or is it in a class by itself? At a time when business is coming under attack for its apparent transgressions, this book iluminates the special values that inhere in the business world. Arguing all sides (...) of the issue, the distinguished contributors include Richard DeGeorge, Ronald Green, Thomas Dunfee, Robert Solomon, Edwin Hartman, Peter French, Patricia Werhane, Clarence Walton, W. Michael Hoffman, David Fedo, Kenneth Andrews, Joanne Ciulla, Manuel Velasquez, and George Brenkert. The editors contribute an informative Introduction and an Epilogue to set the debate in its proper context. (shrink)

This book celebrates the work of Patricia Werhane, an iconic figure in business ethics. This festschrift is a collection of articles that build on Werhane’s contributions to business ethics in such areas as Employee Rights, the Legacy of Adam Smith, Moral Imagination, Women in Business, the development of the field of business ethics, and her contributions to such fields as Health Care, Education, Teaching, and Philosophy. All papers are new contributions to the management literature written by well-known business ethicists, such (...) as Norman Bowie, Richard De George, Ronald Duska, Edwin Hartman, Michael Hoffman, Mollie Painter-Morland, Mark Schwartz, Andrew Wicks, and others. The volume is comprised of articles that reflect on Werhane’s work as well as build on it as a way to advance further research. At the end of the festschrift, Pat Werhane provides responses to each chapter. The first chapter of the book also includes the overview of Patricia Werhane’s work and her academic career. The book is written to appeal to management scholars and graduate students interested in the areas of Business Ethics, Modern Capitalism, and Human Rights. Patricia Werhane is one of the most distinguished figures in the field of business ethics. She was a founder of the field, she is one of its leading scholars, and she has had a profound impact on the world of business practice. Among her many accomplishments, Pat is known for her original work on moral imagination, she is an acclaimed authority on employee rights in the workplace, and she is one of the leading scholars on Adam Smith. Having been active in Academia for over 50 years, Werhane is a prolific author of over a hundred articles and book chapters, and the author or editor of twenty-seven books, including Adam Smith and his Legacy for Modern Capitalism, Moral Imagination and Management Decision-Making, and co-authored books Organization Ethics in Health Care, Alleviating Poverty Through Profitable Partnerships, Obstacles to Ethical Decision-Making, Corporate Responsibility: The American Experience, and Research Approaches to Business Ethics and Corporate Responsibility. (shrink)

Does stakeholder theory constitute an established academic field? Our answer is both “yes” and “no.” In the more than quarter-century since Freeman’s seminal contribution in 1984, this domain has acquired some of the administrative, social, and disciplinary trappings of an established field. Stakeholder research has coalesced around a unique intellectual position: that corporations must be understood within the context of their stakeholder relationships and that this understanding must grow out of the interplay between normative and social scientific insights. Yet, (...) much of this domain remains an unexplored territory. In this article, the authors assess the progress to date toward field status and outline future directions for stakeholder research. (shrink)

Milton Friedman famously stated that the only social responsibility of business is to increase its profits, a position now known as the shareholder model of business. Subsequently, the stakeholder model, associated with Edward Freeman, has been widely seen as a heuristically stronger theory of the responsibilities of the firm to the society in which it is situated. Friedman’s position, nevertheless, has retained currency among many business thinkers. In this article, we argue that Friedman’s economic writings assume an economy in (...) which businesses operate under the protections of limited liability, which allows corporations to privatize their gains while externalizing their losses. By accepting limited liability, Friedman must also accept a view of business as embedded in social interdependency, which serves as the logical and moral foundation for corporate social responsibility (CSR). To achieve consistency with his economic principles, Friedman must either abandon limited liability or modify his doctrine on CSR and his related shareholder model of business. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 30.4 (2000) 102-122 [Access article in PDF] How To Tell a Mestizo from an Enchirito® Colonialism and National Culture in the Borderlands Michael Hames-garcia I began to think, "Yes, I'm a chicana but that's not all I am. Yes, I'm a woman but that's not all I am. Yes, I'm a dyke but that doesn't define all of me. Yes, I come from working class origins, but (...) I'm no longer working class. Yes, I come from a mestizaje, but which parts of that mestizaje get privileged? Only the Spanish, not the Indian or black." I started to think in terms of mestiza consciousness. What happens to people like me who are in between all of these different categories? What does that do to one's concept of nationalism, of race, ethnicity, and even gender? I was trying to articulate and create a theory of a Borderlands existence.... I had to, for myself, figure out some other term that would describe a more porous nationalism, opened up to other categories of identity. —Gloria E. Anzaldúa, InterviewsOne of the most crucial questions facing leftist activists and intellectuals today is the question of nationalism and its relation to liberation struggles. 1 A century ago, the period [End Page 102] of nation-state consolidation in Europe seemed to come to an end with the unification of Germany and Italy. European leftists of the era tended to address "the national question" primarily with regard to those European nations that were shut out or suppressed by nation-state formation. Debates about national culture resurfaced in a revolutionary context when independence movements swept Africa and Asia during and after World War II, and a substantial body of literature attempting to integrate anticolonial struggle, national liberation, and socialism arose from the capitalist "periphery." Much of this literature, and the wars for independence out of which it grew, adapted the language of nationalism to its own purposes. These movements gave new hope that national liberation struggles would prove compatible with greater human freedom and equality. Despite that hope, the destructive effects of nationalism are today visible everywhere: for example, the devastating wars in the Balkans, the repression of indigenous peoples by national bourgeoisie throughout the Americas, religious-national strife between Sinhalese and Tamils in Sri Lanka, the vertiginous intensification of national chauvinism in the United States, Western Europe, and Australia. Simultaneously, and in the context of feminist criticisms of nationalism [see, for example, Chatterjee, Nation; Lutz et al.; Mosse], attempts to unite the struggle to liberate "the nation" from colonial or neocolonial domination with progressive struggles against capitalist exploitation and against sexual- and gender-based domination continue [see, for example, Trask]. In Latin America, anticapitalist struggles lauded by Western socialists regularly take the form of national liberation struggles, such as the EZLN (Ejército Zapatista de Liberación Nacional [Zapatist National Liberation Army]) in Mexico and the FSLN (Frente Sandinista de Liberación Nacional [Sandinist National Liberation Front]) in Nicaragua. Additionally, lesbian and gay activists and theorists in the United States have frequently sought to appropriate nationalist rhetoric even as black and Chicano nationalist movements have been on the decline [see, for example, Berlant and Freeman; Moraga 145-74].Debates about anticolonial struggle and "Third World" nationalism may seem at first to be an odd context into which to introduce the work of Gloria Anzaldúa. Critical writing on Anzaldúa's work has tended not to consider its relevance to debates on the relations among capitalism, colonialism, and national culture. 2 Instead, her major work, Borderlands/La Frontera, is usually discussed (or, more often than not, simply cited) as a contribution to feminist and antiracist discussions about the construction of the self within multiple contexts of domination and about that self's resistance to oppression and struggle for recognition. 3 While acknowledging the importance of Anzaldúa's contributions to these discussions, this essay examines Borderlands as offering a forward-looking alternative to nationalism, specifically, to Chicano cultural nationalist positions articulated during the... (shrink)

The UK launch of the Science Enterprise Challenge in 1999 has stimulated interest in the evolutions of science-based firms and this paper argues that Popper’s seminal diverse contributions to philosophy are directly relevant to them. It begins by commenting on the applications of both Kuhn’s and Popper’s concepts to technological (as against) scientific evolutions. It then suggests how Popper’s approaches are applicable to the development and assessment of new technology within the framework of Freeman’s stakeholders approach. Monsanto’s development of (...) GMOs is used as an illustrative case. (shrink)

Ancient Angkor. Michael Freeman and Claude Jacques. Thames and Hudson, London 1999. 232 pp. £16.95. ISBN 0 500 97485 3.