The article explores the impact of civil regulation on the environmental behaviour of SMEs. It shows that although civil regulatory pressures are generally subdued, and that conventional regulation continues to be an important driver of behaviour, there are circumstances where civil pressures nevertheless produce a ‘regulatory’ stimulus. Where they do, it appears that civil regulatory pressures tend to derive from stakeholders pursuing relatively narrow self-interest (rather than public interest) mandates; and they normally target particular issues rather than ‘social responsibility’ in (...) any broad sense. SME responses typically take the form of compliance-reinforcing (rather than beyond compliance) measures. For SMEs, it is suggested that, in some circumstances, civil regulation provides a bespoke regulatory mechanism which is more likely to bring about changes in basic practices on narrow issues. It can also be seen as producing a particular type of consensual micro-social contract and public interest service. (shrink)

Recent studies have investigated connections between Adam Smith’s economic and philosophical ideas and Catholic Social Teaching (CST). Scholars argue that their common background lies in their respective anthropologies, both endorsing a relational view of human beings. I raise one main concern regarding these analyses. I suggest that the relationality endorsed by Smith lacks a central element present in CST—the other-oriented perspective which is the intentional concern for promoting the good of others. Some key elements of CST, such as love, gift, (...) gratuitousness, and fraternity, find a very different space in Smith’s social view and very little space in his economic view. Moreover, I show how CST relationality is more in accordance with a civil economy view of the market as a place of fraternity and mutual assistance. (shrink)

The West has long had an ambivalent attitude toward the philosophical traditions of the East. Voltaire claimed that the East is the civilization "to which the West owes everything", yet C.S. Peirce was contemptuous of the "monstrous mysticism of the East". And despite the current trend toward globalizations, there is still a reluctance to take seriously the intellectual inheritance of South and East Asia. Oriental Enlightenment challenges this Eurocentric prejudice. J. J. Clarke examines the role played by the ideas (...) of Confucianism, Hinduism, Buddhism and Taoism in the intellectual life of the West and how these ideas, far more than exotic distractions, or even instruments of colonial domination, have been the means towards serious self-questioning and self-renewal, used to dispute and even to undermine Western orthodoxies. (shrink)

PART ONE INDIAN THOUGHT INDIAN THOUGHT HAS A LONG AND COMPLEX DEVELOPMENT. IT is DIFFICULT TO GIVE AN EXACT HISTORICAL ACCOUNT OF THE DEVELOPMENT OF INDIAN ...

Spurred by recent governmental transitions from dictatorships to democratic institutions, this highly original work argues that negotiated civil society-oriented transitions have an affinity for a distinctive method of constitution making— one that accomplishes the radical change of institutions through legal continuity. Arato presents a compelling argument that this is the preferred method for rapidly establishing viable democratic institutions, and he contrasts the negotiated model with radical revolutionary change. This exceptionally engaging work will be of interest to students and scholars of (...) comparative politics, constitutional law, and East European studies. (shrink)

Dr. Yong Choon Kim is a distinguished scholar and educator. He wrote this book to fill the need for a concise introduction to the philosophical and religious ideas of the East.

The Orient was central to the work of Marx and Weber, both figures building their theories around the question of why modernity appeared to emerge only in the West. Extending recent work comparing the social theories of Marx and Weber, this book examines their approaches to oriental societies, showing how, in spite of the differences in their respective theorizations of the historical and political development of the West, their work on the form of modern society in the Orient converges, (...) each complementing the other. (shrink)

A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all (...) levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema's volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects-namely, legal positivism, natural-law theory, and the theory of legal reasoning-and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking. (shrink)

One of the 20th century's most popular non-realistic genre is absurd. The root "absurd," connotes something that does not follow the roots of logic. Existence is fragmented, pointless. There is no truth so the search for truth is abandoned in Absurdist works. Language is reduced to a bantering game where words obfuscate rather elucidate the truth. Action moves outside of the realm of causality to chaos. Absurdists minimalize the sense of place. Characters are forced to move in an incomprehensible, void-like (...) realm. Danish philosopher Sїren Kierkegaard was the first to use the term "absurd" in its modern context. His application of the term related it to, what he considered, the incomprehensibility and unjustifiability of Christianity. Existentialist philosophers such as the Frenchman, Jean-Paul Sartre and the German, Martin Heidegger propagated use of the terms in their work. In the philosophical world of the novel, Albert Camus employed absurdism to portray the difference between man's intent and the resultant chaos he encounters. In modern civilization man is posited as the subject of knowledge in science and technology, animating the utopian projects of industrial civilization, and culminating in great urban conglomerates, as in the sealed universe of commodities which constitutes the omnipresent mall. Technique, defined as the ensemble of means, is the driving force of social development, moreimportant than the ends it is supposed to serve. Unfortunately, technique became an end in itself and the society is organized around it. Of course, we are all aware that we need a certain changes to subdue technique, but I think it is now too late to change the course of technique. However, technique is frequently pictured as the only hope for a better future and the only means of making the world more humane. And that is the sort of statement that French philosopher Jacques Ellul calls the technological bluff. Technology is a discourse on techniques: therefore, the bluff lies not in the failure of techniques as such but in presenting them in a falsely optimistic light. The author formulated in 1954 two laws of technical progress: first, it is irreversible: second, it advances by a geometric progression. Thus, a computer revolution changes nothing in the nature of technical progress, although products are new. This progress is hamperednot by internal mechanisms, but by maladaptation of the social body to it, since society is rooted in the past and constantly refers to it. On the other hand, technique is future oriented and discards as valueless everything that cannot be incorporated into the web of techniques. (shrink)

This insightful explication of oriental philosophy meets a long felt need for a critical introduction to four systems of eastern thought—Confucianism, Taoism, Buddhism, and Hinduism—presented in familiar western terms. Students of comparative religion, eastern philosophy and civilization, and the philosophy of religion who have been trained in traditional western modes of thought often find the intuitive and aphorisic quality of eastern writing a major stumbling block to understanding. This is eastern philosophy presented to westerners by a westerner, a practical (...) and understandable guide for students and for others who wish to expand their understanding in this important area. (shrink)

Various approaches to civil society research are considered. Two key problems caused by impact of post-modernism are discussed, that are: crises of identification with the society and problems of personal identity. A particular personality crisis that is specific for contemporary Russia is noticed. The crisis is caused by the combination of two factors. They are: social abandonment, atomization and loneliness and total relativism produced by expansion of post-modernism. The second factor influences the Western citizenship as well. That’s why “re-emergence” of (...) civil society is discussed in the Western world, though civil society institute has never died in the Western countries. Personality-oriented civil society is considered to be a prologue for re-emergence of the wholeness that seems to fall apart because of the loss of all universalistic values. The alliance between the heritage of the Russian thinker V. Rozanov and philosophical discourse by M. Foucault is tracked, the latter being a champion of personality-oriented civil society as opposed to “gregarious” politicallystructured one. Rozanov demonstrates his life to us as a process of a personality’s creative work which makes life experience a basis for the creation of universal values. Post-modernism represented by Fucault makes this experience as a basis in the process of the reflexive discourse-analysis this demonstrating his moving away from it. Both authors removed “interdict” from a number of so called "private themes" that had had ambiguous marginalized/sacral status in public discourse. The two thinkers transformed the problem of the “private discourse” into meta-language fit to conceive and describe the essence of the societal life and epoch as a whole. They drew attention to personality-oriented social communications and emergence of new types of societal communities. Both figures are ofa great importance for now-a-days discussions on civil society development in the epoch of a post-modernism. The fact that comparison of their views will contribute to better understanding of the controversies which are inherent in civil society is demonstrated. (shrink)

Data from two national surveys of 4,000 faculty and doctoral students in chemistry, civil engineering, microbiology and sociology indicate that both faculty and students subscribe strongly to traditional norms but are more likely to see alternative counternorms enacted in their departments. They also show significant effects of departmental climate on normative orientations and suggest that many researchers express some degree of ambivalence about traditional norms.

This is an edited collection of original essays that combine philosophy, phenomenology, and literature to reflect on modern ideas about orientation and disorientation, grounds and groundlessness.

Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse (...) traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.This book shows that civil disobedience is generally more defensible than private conscientious objection.Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness. According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing.The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience.Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. (shrink)

According to one interpretation, Montesquieu believed that laws should be suited to the particular physical and moral characteristics of a nation, and that political change should not be abruptly imposed. However, as Montesquieu nonetheless condemned despotism, he argued that change in despotic regimes should happen gradually through the noncoercive alternative of doux commerce. My aim is to challenge this interpretation of Montesquieu in two ways. First of all, Montesquieu was far more skeptical about the possibility of political change; so strong (...) was his physical determinism that Montesquieu himself thought that despotic states could not be reformed, even through commerce. Second, even though successors of Montesquieu—such as the Abbé Raynal—did view the use of force in reforming despotic states as futile and preferred commerce as a benign alternative, they had to acknowledge that even commerce could not take root in those supposedly despotic states without coercion. The two most representative doux commerce theorists of the eighteenth century, when confronted with the prevailing trope of Oriental despotism, were far less optimistic about the civilizing effect of commerce than today’s interpretations suggest. My reading of The Spirit of the Laws and The History of the Two Indies suggests the limits of turning to eighteenth-century doux commerce ideals to theorize political reform in so-called despotic governments today. (shrink)

American liberals believe that both civil liberties and civil rights are harmonious aspects of a basic commitment to human rights. But recently these two clusters of values have seemed increasingly to conflict – as, for example, with the feminist claim that the legal toleration of pornography, long a goal sought by civil libertarians, actually violates civil rights as a form of sex discrimination.Here I propose an interpretation of the conflict of civil rights and civil liberties in its latest manifestation: the (...) controversy over how to treat discriminatory verbal harassment on American campuses. I was involved with the controversy in a practical way at Stanford, where I helped draft a harassment regulation that was recently adopted by the university.Like the pornography issue, the harassment problem illustrates the element of paradox in the conflict of civil-liberties and civil-rights perspectives or mentalities. This problem does not simply trigger familiar disagreements between liberals of a classical or libertarian orientation as against those of a welfare state or social democratic one – though it does sometimes do that. In my experience, the issue also has the power to appear to a single person in different shapes and suggest different solutions as it oscillates between being framed in civil-liberties and in civil-rights terms. At the same time, however, it remains recognizably the same problem. It is thus a very practical and political example of the kind of tension noted by Wittgenstein in the aphorism that heads this essay – a puzzle of interpretive framing, of “seeing-as.”. (shrink)

This article presents a descriptive conceptual framework comprising four different company configurations with respect to orientations toward corporate social responsibility (CSR). The four types are Skeptical, Pragmatic, Engaged, and Idealistic. The framework is grounded in instrumental and normative stakeholder theory, and a company's configuration is based on its instrumental and/or normative stance toward stakeholders. Its configuration indicates what position a company adopts in relation to CSR. This article argues that there is no one formula to fit all companies, descriptively or (...) prescriptively, but the potential variety in approaches to CSR is not infinite, as it can be distilled logically into a few fundamental approaches, embodied in the four organizational configurations presented in the conceptual framework. Each configuration constitutes a middlerange theory of interlocking characteristics in terms of CSR, and so each type of company will assume responsibilities to civil society in ways consistent with its configurational characteristics. The framework incorporates previous empirical findings and theoretical explanations. It is intuitively clear and reasonable to managers, and thus, has practical value in organizational management. (shrink)

I argue that, in one sense, collective wisdom can save civilization. But in a more important sense, collective wisdom should be understood as a form of civilization, as the result and expression of a moral civilizing-process that comes about through the creation and transmission of collective interpretations of human experience and human nature. Collective wisdom traditions function in this manner by providing an interpretation of what it means to be human and what thoughts, skills, and actions are required to live (...) a successful human life at the most general level of analysis. Collective wisdom can have a civilizing effect on individuals, and indirectly on societies, by providing a type of orienting framework for understanding the proper relationship between the self, others, and the world. Such traditions in effect provide a “blueprint” for the successful human life as such, by providing guidance on thought and action, on what is appropriate to think, feel, desire, and do in theoretical and practical contexts. A wise individual will be a 'civilized' individual in this moral sense, an individual who is properly habituated and educated so as to now reflectively endorse and desire thinking and acting in virtuous ways. However, this understanding of collective wisdom and civilization is in many ways today controversial and met with justified critiques and skeptical criticisms. To defend this way of approaching and answering our question against these critiques, I turn to ancient wisdom traditions from ancient India, China, and Greece as paradigms for understanding exactly how collective wisdom can achieve the end of civilizing humanity. Based on this analysis, I sketch the outlines of a revitalized ancient wisdom tradition able to civilize individuals today, but such a tradition must be updated to reflect the advancement of modern natural science and to meet the demands of living in our diverse, pluralistic, and globalized world. (shrink)

The notions of duty and obligation constitute the central focus of Rawls's account of political authority. This chapter examines Rawls's accounts of (1) the justification of political authority; (2) the essential elements of a just constitutional regime; (3) the conditions under which resistance to just institutions is permissible or required; and (4) the conditions under which institutions cease to deserve fidelity and obedience. It commences with Rawls's accounts of duty and obligation, focusing on his accounts of (1) the duties and (...) obligation of citizens; and (2) the duty to obey unjust laws. Rawls discusses two instances in which certain forms of resistance are justifiable: civil disobedience; and conscientious refusal. Rawls's account continues to be oriented by the underlying notion that the legitimate exercise of coercive political power must be justifiable on terms that persons subject to that power can affirm on due reflection. (shrink)

Civil Sphere Theory provides a more dynamic, cultural, and democratically oriented model of contemporary society than either conflict or modernization theory. Civil spheres expand and contract in contradictory ways. Utopian periods of utopian repair trigger defensive efforts that primordialize and exclude. Late 20th century civil repair generated new relations of economic production and more multicultural modes of integration. Early 21rst century reactions have highlighted dangers, demanding more cultural homogeneity amidst rising concerns about inequality. There is increasing disillusionment about the possibility (...) for democratic progress. (shrink)

This study assesses the extent to which job application forms violate the New Zealand Human Rights Act. The sample for the study includes 229 job application forms, collected from a variety of large and small, public- and private-sector organizations that together employ approximately 200,000 workers. Two hundred and four or 88% of the job application forms contain at least one violation of the Act. One hundred and sixty five or 72% contain two or more and 140 or 61% contain three (...) or more violations. The most common violations concern age, gender, nationality, and disability. The least common concern political opinion, ethical belief, religious belief, and sexual orientation. Despite widespread violations, many forms do have non-discriminatory questions that yield the same kind of useful information as discriminatory questions. Employers could incorporate these into their job application forms to bring themselves into compliance with the law. The same lessons also generally apply to North American employers, given the high degree of comparability between American, Canadian, and New Zealand anti-discrimination laws. (shrink)

Avicenna is undoubtedly one of the outstanding scientists and perhaps the most prominent one in the history of Islamic-Iranian civilization. After a lifetime of trying to describe, explain and complete the Greek intellectual heritage, Avicenna admitted to have achieved a realm of philosophy which he construed as "oriental philosophy''. Avicenna's oriental logic can be defined and explained according to the very oriental philosophy in terms of method and content. The issue is what the characteristics of this (...) class='Hi'>oriental philosophy and particularly, oriental logic is. Since there is not direct and abundant evidence in "surface" as documents, we try to reach the conclusion by a range of indirect and limited evidences in "depth". In this paper, two different and yet consistent features of Avicenna's oriental logic are inferenced and introduced. In the first sense, oriental logic can refer to a range of "non-Aristotelian innovative and established systems" in the East, and in the second aspect, it can be an oriental horizon and dawn to establish a "fuzzy logic" which is considered today multi-valued and infinite-valued logic. (shrink)

Technology- and product-oriented movements are mobilizations of civil society organizations that generally include alliances with private-sector firms, for which the target of social change is support for an alternative technology and/or product, as well as the policies with which they are associated. TPMs generally involve “private-sector symbiosis,” that is, a mixture of advocacy organizations/networks and private-sector firms. Case studies of nutritional therapeutics, wind energy, and open-source software are used to explore the tendency for large corporations in established industries to incorporate (...) the products and technologies advocated by the TPM. As the incorporation process proceeds, the alternative technologies undergo design transformations that make them more compatible with existing products and technological systems. As the technological/product field undergoes diversification, “object conflicts” erupt over a range of design possibilities, from those advocated by the more social movement–oriented organizations to those advocated by the established industries. (shrink)

This article identifies civilizational analysis as one response to a recent crisis in the sociology of large-scale social configurations and explores how far the concept of civilization can go in analyzing the contemporary global social constellation. The reasoning proceeds in four steps. First, a brief review of the recent conceptual debate in social theory and historical sociology leads to the conclusion that concepts such as ‘civilization’ and ‘modernity’ still work with too strong presuppositions about continuity and commonality of patterns of (...) world interpretation. Second, a proposal is made to distinguish several basic problématiques that all human collectivities need to address and to suggest that such a distinction lends itself to research-oriented disentangling of various aspects of social phenomena. In an explorative manner, third, this approach will be applied to South Africa and Brazil, two social configurations that can fruitfully be studied as collectivities but lend themselves much less to civilizational analysis. By way of conclusion, finally, the trajectories of these non-European modernities will briefly be compared to the European one to illustrate the potential of this approach for a global sociology of plural trajectories of modernity. (shrink)