Over the past decade, we have witnessed some early signs of progress in the battle against international bribery and corruption, a problem that throughout the history of commerce had previously been ignored. We present a model that we then use to assess progress in reducing bribery. The model components include both hard law and soft law legislation components and enforcement and compliance components. We begin by summarizing the literature that convincingly argues that bribery is an immoral and unethical practice and (...) that the economic harm it causes falls most heavily on those least able to absorb it. The next section summarizes the main provisions of anti-bribery legislation including the Foreign Corrupt Practices Act (FCPA), the Organization for Eco nomic Development's Convention on Combating Bribery of Foreign Officials in International Business Transactions, the United Nations Convention Against Corruption and the laws of selected countries. We conclude this section with a discussion of the "moral imperialism" argument for not imposing Western laws and values on other cultures. The next section focuses on the roles played by NGOs including Transparency International (TI), the World Economic Forum (WEF), and the International Chamber of Commerce. We review trends in enforcement and prosecution, including a review of the United States' enforcement processes, mechanisms for cross-border legal assistance, a discussion of the distinctive nature of FCPA cases, and an assessment of what the future holds for enforcement. The final section focuses on compliance processes for corporations aimed at reducing the risk of FCPA and related violations. This section also addresses the ethics of gift giving and "grease" payments. The article concludes with a summary and suggestions for further research. Throughout the article, we reference important bribery cases and include comments from several authorities who are on the front lines of the battle against international bribery. (shrink)
To better illuminate aspects of stress that are relevant to the moral domain, we present a definition and theoretical model of “moral stress.” Our definition posits that moral stress is a psychological state born of an individual’s uncertainty about his or her ability to fulfill relevant moral obligations. This definition assumes a self-and-others relational basis for moral stress. Accordingly, our model draws from a theory of the self (identity theory) and a theory of others (stakeholder theory) to suggest that this (...) uncertainty arises as a manager faces competing claims for limited resources from multiple stakeholders and/or across multiple role identities. We further propose that the extent to which the manager is attentive to the moral aspects of the claims (i.e., moral attentiveness) moderates these effects. We identify several consequences of managerial moral stress and discuss theoretical, empirical, and practical implications of our approach. Most importantly, we argue that this work paves an important path for considering stress through the lens of morality. (shrink)
Herbert McCabe, OP (d. 2001), was a significant theological figure in England in the last century. A scholar of Aquinas, he was also influenced by Wittgenstein and Marx, his reading of whom helped him articulate a distinctive Thomistic account of human embodiment that serves as a critique of other dominant approaches in ethics. This article shows McCabe's contribution to moral theology by placing his work in conversation with other important approaches, namely, situation ethics, proportionalism, and the New Natural Law Theory.
Connectivity topology analysis is a powerful method for describing both crystalline structures and their metamict or amorphous analogues, because it places no reliance on symmetry operators or periodic translation, which vanish upon introduction of disorder to a material. Topological analysis represents atomic systems as graphs, and analysis of closed circuit connectivity (rings) is used to search for shortest non-degenerable connectivity paths that define the structure. A connectivity topology analysis is presented of crystalline zirconolite, a potential actinide-accommodating nuclear waste material. Characteristic (...) topological differences are established in the connectivities of radiation-damaged and melt-quenched zirconolite structures generated by molecular dynamics simulations. Amorphization induced by alpha-recoil displacement cascades still retains certain short- and intermediate-range ordered configurations, particularly for Ti atoms. [TiO x ] polyhedral edge-sharing chains are observed in the metamict state, which may act to stabilize the radiation-damaged structure and prevent recovery of the initial crystalline phase. An assessment of the predicted amorphizability of zirconolite, based on the topological constraints imposed by its structure, reveals that the varying structural rigidity of the layers in the zirconolite structure is crucial to its amorphizability behavior. The hexagonal tungsten bronze structure [TiO x ] layer in particular provides weak constraints that are responsible for zirconolite's comparative ease of amorphization. (shrink)
O'Donnell, J. R. Anton Charles Pegis on the occasion of his retirement.--Conlan, W. J. The definition of faith according to a question of MS. Assisi 138: study and edition of text.--Spade, P. V. Five logical tracts by Richard Lavenham.--Maurer, A. Henry of Harclay's disputed question on the plurality of forms.--Brown, V. Giovanni Argiropulo on the agent intellect: an edition of Ms. Magliabecchi V 42.--Synan, E. A. The Exortacio against Peter Abelard's Dialogus inter philosophum, Iudaeum et Christianum.--Fitzgerald, W. Nugae Hyginianae.--Sheehan, (...) M. M. Marriage and family in English conciliar and synodal legislation.--Shook, L. K. Riddles relating to the Anglo-Saxon scriptorium.--Boyle, L. E. The De regno and the two powers.--Colledge, E. A Middle English Christological poem.--Gough, M. R. E. Three forgotten martyrs of Anazarbus in Cilicia.--Häring, N. Chartres and Paris revisited.--Hayes, W. Greek recentiores, (Ps.) Basil, Adversus eunomium, IV-V.--Owens, J. The physical world of Parmenides. (shrink)
Over the past decade, we have witnessed some early signs of progress in the battle against international bribery and corruption, a problem that throughout the history of commerce had previously been ignored. We present a model that we then use to assess progress in reducing bribery. The model components include both hard law and soft law legislation components and enforcement and compliance components. We begin by summarizing the literature that convincingly argues that bribery is an immoral and unethical practice and (...) that the economic harm it causes falls most heavily on those least able to absorb it. The next section summarizes the main provisions of anti-bribery legislation including the Foreign Corrupt Practices Act (FCPA), the Organization for Economic Development’s Convention on Combating Bribery of Foreign Officials in International Business Transactions, the United Nations Convention Against Corruption and the laws of selected countries. We conclude this section with a discussion of the “moral imperialism” argument for not imposing Western laws and values on other cultures. The next section focuses on the roles played by NGOs including Transparency International (TI), the World Economic Forum (WEF), and the International Chamber of Commerce. We review trends in enforcement and prosecution, including a review of the United States’ enforcement processes, mechanisms for cross-border legal assistance, a discussion of the distinctive nature of FCPA cases, and an assessment of what the future holds for enforcement. The final section focuses on compliance processes for corporations aimed at reducing the risk of FCPA and related violations. This section also addresses the ethics of gift giving and “grease” payments. The article concludes with a summary and suggestions for further research. Throughout the article, we reference important bribery cases and include comments from several authorities who are on the front lines of the battle against international bribery. (shrink)
The essays in this volume were written to celebrate the sixtieth birthday of G. E. L. Owen, who by his essays and seminars on ancient Greek philosophy has made a contribution to its study that is second to none. The authors, from both sides of the Atlantic, include not only scholars whose main research interests lie in Greek philosophy, but others best known for their work in general philosophy. All are pupils or younger colleagues of Professor Owen who are indebted (...) to his practice of philosophical scholarship as a first-order philosophical activity. At the heart of G. E. L. Owen’s work has been a preoccupation with the role of philosophical reflection on language in the metaphysics and epistemology of Plato, Aristotle and other ancient Greek thinkers. This is accordingly the general topic of the present volume, which includes five papers on Plato’s critical dialogues and seven on Aristotle, prefaced by two on Heraclitus and followed by a study of the debate in Hellenistic philosophy on the sorites. This is a book for specialists in Greek philosophy and philosophers of language which will also be of interest to some linguists. (shrink)
The Post-Modern Reader edited by Charles Jencks An Anthology of a World Movement Post-Modernism has been debated, attacked, and defended for a generation, but only in the last few years has it come into focus as a coherent way of thought embracing all areas of culture. This is the first anthology that presents the synthesising trend in all its diversity, a convergence in architecture and literature, film and cultural theory, sociology, feminism and theology, science and economics. It is however, (...) a synthesis with a difference; it is one which stresses a contested pluralism, the dialogic' that underlies the growth of sciences as well as the development of other art forms such as the novel. Some of the key historical texts are reprinted in part - those of Daniel Bell on the post-industrial society and Jean-François Lyotard on the post-modern condition. The new cultural logic of contested pluralism is analysed in seminal papers by Andreas Huyssen and Jim Collins. The fundamental ideas on post-modern literature are defined by Umberto Eco, John Barth and David Lodge and the theories they present challenge the notion of post-modernism as an ultra avant-garde movement and the expression of a consumer society. New Cultural Theory Late Modernism Literature, Art, Architecture and Film Sociology, Politics and Geography Feminism Science and Religion Tito Arecchi, John Barth, Jean Baudrillard, Daniel Bell, Charles Birch, David Bohm, Jim Collins, Norman K Denzin, Umberto Eco, Edward Goldsmith, David Ray Griffin, Jürgen Habermas, David Harvey, Ihab Hassan, Linda Hutcheon, Andreas Huyssen, Charles Jencks, Heinrich Klotz, Hans Küng, David Lodge, Jean-François Lyotard, Robin Murray, Craig Owens, Paolo Portoghesi, Margaret Rose, Susan Rubin Suleiman, Edward W Soja. (shrink)
Aristotle and the sea battle, by G. E. M. Anscombe.--Aristotle's different possibilities, by K. J. J. Hintikka.--On Aristotle's square of opposition, by M. Thompson.--Categories in Aristotle and in Kant, by J. C. Wilson.--Aristotle's Categories, chapters I-V: translation and notes, by J. L. Ackrill--Aristotle's theory of categories, by J. M. E. Moravcsik.--Essence and accident, by I. M. Copi.--Tithenai ta phainomena, by G. E. L. Owen.--Matter and predication in Aristotle, by J. Owens.--Problems in Metaphysics Z, chapter 13, by M. J. Woods.--The (...) meaning of agathon in the Ethics of Aristotle, by H. A. Prichard.--Agathon and eudaimonia in the Ethics of Aristotle, by J. L. Austin.--The final good in Aristotle's Ethics, by W. F. R. Hardie.--Aristotle on pleasure, by J. O. Urmson.--Bibliography (p. 335-41). (shrink)
Aristotle and the sea battle, by G. E. M. Anscombe.--Aristotle's different possibilities, by K. J. J. Hintikka.--On Aristotle's square of opposition, by M. Thompson.--Categories in Aristotle and in Kant, by J. C. Wilson.--Aristotle's Categories, chapters I-V: translation and notes, by J. L. Ackrill.--Aristotle's theory of categories, by J. M. E. Moravcsik.--Essence and accident, by I. M. Copi.--Tithenai ta phainomena, by G. E. L. Owen.--Matter and predication in Aristotle, by J. Owens.--Problems in Metaphysics Z, chapter 13, by M. J. Woods.--The (...) meaning of agathon in the Ethics of Aristotle, by H. A. Prichard.--Agathon and eudaimonia in the Ethics of Aristotle, by J. L. Austin.--The final good in Aristotle's Ethics, by W. F. R. Hardie.--Aristotle on pleasure, by J. O. Urmson.--Bibliography (p. 335-341). (shrink)
James decides that the best price today on pork chops is at Supermarket S, then James makes driving motions for twenty minutes, then James’ car enters the parking lot at Supermarket S. Common sense supposes that the stages in this sequence may be causally connected, and that the pattern is commonplace: James’ belief (together with his desire for pork chops) causes bodily behavior, and the behavior causes a change in James’ whereabouts. Anyone committed to the idea that beliefs and desires (...) are states installed by evolution must, it seems, think something similar. For how can one see beliefs and desires as conferring selective advantage if not by supposing that, by causing bodily behavior in their subjects, they brought about changes in their subjects’ surroundings? Yet many, many philosophers currently think or worry that mental causation is illusory (see, e.g., Heil and Mele 1993, or Macdonald and Macdonald 1995). Any physical changes which a mental state appears to cause can be viewed as a complex event involving microparticles, and for any such complex event, many philosophers suppose, there will have been previous microphysical occurrences sufficient to cause it. Barring routine overdetermination of such complex events, the apparent causation of mental events seems to be excluded. Nor does it help to say that some salient segment of the previous microphysical event just is the mental event, differently described (Davidson 1970). For describing the previous events as microphysical seems to spotlight the very features in virtue of which they did their causal work; the mental features seem epiphenomenal (Yablo 1992b: pp. 425-36; Yablo 1992a). This paper argues that the complex physical events, which mental events seem excluded from causing, are not caused at all. For they are either accidents, in something like Aristotle’s sense (Sorabji 1980: pp. 3-25), or coincidences, in a sense which David Owens has recently sharpened (Owens 1992). (shrink)
In "Externalism, Self-Knowledge and Skepticism,"' Kevin Falvey and Joseph Owens argue that externalism with respect to mental content does not engender skepticism about knowledge of content. They go on to argue that even when externalism is freed from epistemological difficulties, the thesis cannot be used against Cartesian skepticism about knowledge of the external world. I would like to raise some questions about these claims.
This note examines two recent judgements of theEnglish Court of Appeal, Re S.L. and ReA., concerning the sterilisation of a womanand a man with learning disabilities. The casesare significant for health care lawyers in thatthey effect a reworking of the common lawdoctrine of necessity, which serves as thelegal justification for providing medicaltreatment to adults lacking capacity to giveconsent. The cases are also significant forfeminist scholars engaged in the project of`sexing' the subjects of legal discourse (forexample, Naffine and Owens, 1997). (...) Thejudgments of Re S.L. and Re A.,consistent with earlier sterilisation cases,fail to offer a conception of learning disabledsubjects as `sexed'. (shrink)
To better understand the work of pre-Darwinian British life researchers in their own right, this paper discusses two different styles of reasoning. On the one hand there was analysis:synthesis, where an organism was disintegrated into its constituent parts and then reintegrated into a whole; on the other hand there was palaetiology, the historicist depiction of the progressive specialization of an organism. This paper shows how each style allowed for development, but showed it as moving in opposite directions. In analysis:synthesis, development (...) proceeded centripetally, through the fusion of parts. In palaetiology, development moved centrifugally, through the ramifying specialization of an initially simple substance. I first examine a community of analytically oriented British life researchers, exemplified by Richard Owen, and certain technical questions they considered important. These involved the neurosciences, embryology, and reproduction and regeneration. The paper then looks at a new generation of British palaetiologists, exemplified by W.B. Carpenter and T.H. Huxley, who succeeded at portraying analysts' questions as irrelevant. The link between styles of reasoning and physical sites is also explored. Analysts favored museums, which facilitated the examination and display of unchanging marine organisms while providing a power base for analysts. I suggest that palaetiologists were helped by vivaria, which included marine aquaria and Wardian cases. As they became popular in the early 1850s, vivaria provided palaetiologists with a different kind of living and changing evidence. Forms of evidence, how they were preserved and examined, and career options all reinforced each other: social and epistemic factors thus merged. (shrink)
The prevailing view among historians of science holds that Charles Darwin became a convinced transmutationist only in the early spring of 1837, after his Beagle collections had been examined by expert British naturalists. With respect to the fossil vertebrate evidence, some historians believe that Darwin was incapable of seeing or understanding the transmutationist implications of his specimens without the help of Richard Owen. There is ample evidence, however, that he clearly recognized the similarities between several of the fossil vertebrates (...) he collected and some of the extant fauna of South America before he returned to Britain. These comparisons, recorded in his correspondence, his diary and his notebooks during the voyage, were instances of a phenomenon that he later called the "law of the succession of types." Moreover, on the Beagle, he was following a geological research agenda outlined in the second volume of Charles Lyell's Principles of Geology, which implies that paleontological data alone could provide an insight into the laws which govern the appearance of new species. Since Darwin claims in On the Origin of Species that fossil vertebrate succession was one of the key lines of evidence that led him to question the fixity of species, it seems certain that he was seriously contemplating transmutation during the Beagle voyage. If so, historians of science need to reconsider both the role of Britain's expert naturalists and the importance of the fossil vertebrate evidence in the development of Darwin's ideas on transmutation. (shrink)
Coleridge has been seen by some not so much as a poet spoiled by philosophy, but as a philosopher who was also a poet. It could be argued that his major endeavor was an attempt to save the life sciences form the mechanistic interpretation which he saw as the outcome of Lockean "mechanico-corpuscularian" philosophy. This contribution describes that endeavour. It shows its connection to the social circumstances of the time. It discussess its relationship to the poetic sensibility of the "Lake (...) poets" and to the German thought which Coleridge absorbed during and after his sojourn in Gottingen in 1798-99. It describes the nature of his "Theory of Life" as seen not only from the posthumous publication itself, but also from the numerous hints and struggles recorded in his voluminous notebooks, letters and lecture notes. It is concluded that, although never adequately assembled, it forms the only serious attempt to construct a profound alternative to the ultimately mechanistic biology of Charles Darwin and the physiologists of the second half of the century. As such it strongly influenced the young Richard Owen and, as is well known, was eventually overwhelmed by the Darwin-Huxley synthesis of the 1860s. Nevertheless, insofar as Coleridge's concept of life ultimately derived from his ambition to find a way of healing the Cartesian divide, we may wonder whether the recent upsurge in consciousness studies may cause us to look again at his panentheistic ideas and, discarding the obsolete and fanciful metaphysics, recast them into a more acceptable form. (shrink)
The Symposia Aristotelica were inaugurated at Oxford in 1957. They are conferences of select groups of Aristotelian scholars from the UK, USA and Europe, and are held every three years. In 1975 the meeting was held in Cambridge and was devoted to Aristotle's psychological treatises, the De anima and the Parva uaturalia. The members of the conference discussed some of the much debated problems of Aristotle's psychology and broached important new topics such as his ideas on imagination. Dr Lloyd and (...) Professor Owen have collected and edited the papers presented to the Symposium and provided an analytical index. (shrink)
I. In analytic philosophy, so-called 'univocalism' is the prevailing interpretation of the meaning of terms such as 'being' or 'existence', i.e. the thesis that these terms have only one meaning (see Russell, White, Quine, van Inwagen). But some analytical philosophers, inspired by Aristotle, maintain that 'being' has many senses (Austin, Ryle). II. Aristotle develops an argument in favour of this last thesis, observing that 'being' and 'one' cannot be a single genus, because they are predicated of their differences (Metaph. B (...) 3). III. But 'being' for Aristotle has also a unity, i.e. 'focal meaning', which coincides with substance (Metaph. Γ 2), and substance has not only an ontological priority, but also a logical priority, in respect to the other beings, as was shown by G. E. L. Owen. IV. This 'focal meaning' cannot be identified with primary substance, i.e. with the unmovable mover, as some interpreters pretend, because this latter has only an ontological, not a logical, priority in respect to the world. V. The impossibility of this interpretation results from Aristotle's rejection of an essence and a substance of being (Metaph. B 4), i.e. the rejection of what the Christian philosophers called esse ipsum subsistens. (shrink)
In his 1961 paper "Tithenai ta Phainomena",1 G. E. L. Owen addressed the problem of the relationship between science as preached in the Analytics and the practice of the Aristotelian treatises. However, he gave this venerable crux a novel twist by focusing on a different aspect of the issue. According to the Prior Analytics , it appears that the first premises of scientific demonstrations must be obtained from collections (historiai) of facts derived from empirical observation. However, many of the treatises (...) seem to make little use of empirical inquiry and instead concern themselves more with 'conceptual analysis.' This is especially true in the Metaphysics and the ethical treatises, but it is also very much characteristic of the Physics. How are these two kinds of inquiry related? (shrink)
Much recent work on Aristotle's Categories assumes that there is an ontological theory presented in that work and tries to reconstruct it on the basis of the slender evidence in the book. I claim that this is misguided. Using a distinction made by G.E.L. Owen between theory and the "phaenomena", I argue that the Categories is mainly concerned with setting out the phenomena -- the intuitions that any ontology must explain. This thesis has consequences for the interpretation of Aristotle's ontological (...) writings. I explore some of these. (shrink)
The interrelations of (1) synonymy, (2) homonymy, And (3) the intermediate class of "pollakhos legetai" in aristotle are studied here. The independence of (3) "vis-A-Vis" (2) is defended against g. E. L. Owen. The role of amphiboly (ambiguity of phrases as distinguished from that of words) in the development of (3) is emphasized. In aristotle, (3) "owes its genesis as much to the breakdown of the homonymy-Amphiboly distinction as to the breakdown of the synonymy-Homonymy dichotomy".
Context The attitudes of medical professionals towards physician assisted dying have been widely discussed. Less explored is the level of agreement among physicians on the possibility of ‘rational suicide’—a considered suicide act made by a sound mind and a precondition of assisted dying legislation. Objective To assess attitudes towards rational suicide in a representative sample of senior doctors in England and Wales. Methods A postal survey was conducted of 1000 consultants and general practitioners randomly selected from a commercially available database. (...) The main outcome of interest was level of agreement with a statement about rational suicide. Results The corrected participation rate was 50%; 363 questionnaires were analysed. Overall 72% of doctors agreed with the possibility of rational suicide, 17% disagreed, and 11% were neutral. Doctors who identified themselves as being more religious were more likely to disagree. Some doctors who disagreed with legalisation of physician assisted suicide nevertheless agreed with the concept of rational suicide. Conclusions Most senior doctors in England and Wales feel that rational suicide is possible. There was no association with specialty. Strong religious belief was associated with disagreement, although levels of agreement were still high in people reporting the strongest religious belief. Most doctors who were opposed to physician assisted suicide believed that rational suicide was possible, suggesting that some medical opposition is best explained by other factors such as concerns of assessment and protection of vulnerable patients. (shrink)
The essays in this volume were written to celebrate the sixtieth birthday of G. E. L. Owen, who by his essays and seminars on ancient Greek philosophy has made a contribution to its study that is second to none.
“The Cognitive Role of φαινόμενα and its Scientific Use in Aristotle’s Treatises of Science”. We examine a classical discussion about the meaning of the term φαινόμενα in Aristotle. We criticize G. E. L. Owen’s interpretation who identifies its meaning with that of opinion ( ἔνδοξα ). Based on Aristotle’s treatises of science we propound another interpretation about this topic. Thus, we may emphasize the cognitive role that φαινόμενα have; for this, we highlight the functionthat they have while there are source (...) of the knowledge of principles ( cf. APr . I 30) as well as that they are judges of theoretical proposal with which they are in contradiction. In effect, one of the problems to be resolved is how is it possible that a contradiction exists between the principles of a science and the φαινόμενα. (shrink)
FIRST A CRITIQUE OF G E L OWEN'S VERSION OF THE CONTRAST BETWEEN BOOKS VII AND X OF THE NICOMACHEAN ETHICS. IT IS ARGUED THAT BOTH BOOKS ARE OFFERING SIMILAR ACCOUNTS OF THE NATURE OF PLEASURE, WHICH OFFER GENERAL CONDITIONS FOR THE OCCURRENCE OF PLEASURE. HOWEVER, ARISTOTLE IS INTERESTED IN 'REAL' PLEASURE, WHICH IS RELATED TO THE NATURE OF THE RELEVANT BEING. ONLY BY IMPLICATION DOES HE GIVE A GENERAL ACCOUNT OF PLEASURE. THE BOOK X VERSION ENABLES HIM TO HAVE (...) A VIEW OF PLEASURE THAT PRESERVES THE TRUTH IN BOTH HEDONISM AND PLATONIC CRITICISMS OF IT. (shrink)
In order to explain the contemporary relevance of Aristotle’s thought, the following discussion explores various examples of Aristotelian theories, concepts, and distinctions which remain at the centre of the philosophical debate. From the domain of logic we consider the notion of category, which was developed by G. Ryle, the distinction between apophantic and semantic discourse, that was stressed by J. Austin, the debate on the principle of non- contradiction, and the theory of fallacies; from the domain of physics, we examine (...) the concepts of substrate, form, continuum, and time, which have been discussed by I. Prigogine and R. Thom; from the field of biology, we consider the function of form in animal generation, which M. Delbrück has compared to the role of DNA; from the field of psychology, we look at the notion of soul as a complex of dispositions, which has been identified by many philosophers as a solution of the “Mind-Body Problem;” from the realm of ethics, we investigate the distinction between action and production, an approach developed by H. Arendt, and the virtue of phronesis, which has been developed by H. G. Gadamer and A. McIntyre. In particular, we discuss the Aristotelian theory of the ambiguity of the concept of being, the notion of “focal meaning,” that has been developed by G. E. L. Owen, and the function of form in the identification of individuals, which has been pursued by M. Frede. (shrink)