An important feature of some recent jurisprudential writings is the tendency to reject the precept of liberal individualism which affirms the priority of the principles of the "right conduct" over the substantive conceptions of "the good". This rejection, explicit in a recent book by Rogers M. Smith, and implicit in a recent work by GuidoCalabresi, leads to strikingly illiberal consequences; hence, this provides indirect confirmation that the priority of the right over the good constitutes the most reliable (...) defense of individual liberty against majoritarian oppression. In Smith, an attempt to replace this priority with the principle of "rational liberty" leads to the disappearance of the guarantees of minority rights against orthodox majorities; in Calabresi, the doctrine of weighing and balancing competing moral principles of "the good" fails to provide an explanation for the strongly held moral intuition that some external preferences have to be disqualified at the outset, before they enter the forum of moral bargaining. (shrink)
Faculty of Law and Department of Philosophy, University of Toronto 1. INTRODUCTION The economic analysis of law has gone through a remarkable change in the past decade and a half. The founding articles of the discipline – such classic pieces as Ronald Coase’s “The problem of social cost” (1960), Richard Posner’s “A theory of negligence” (1972) and GuidoCalabresi and Douglas Malamed’s “Property rules, liability rules, and inalienability: One view of the cathedral” (1972) – offered economic analyses of (...) familiar aspects of the common law, seeking to explain, in particular, fundamental features of the law of tort in terms of such economic ideas as transaction costs (Coase), Kaldor-Hicks efficiency (Posner), or minimizing the sum of the accident costs and avoidance costs (Calabresi and Malamed). In each case, they argued that the law of torts should be understood as a set of liability rules selected for their incentive effects, rather than as a set of substantive rights and remedies for their violation. These authors claimed to be able to explain most of the features of tort law and, where features were found that did not fit with their preferred explanations, recommended modification. Although they disagreed on important questions,1 each of the pieces seems to work a manageable structure into what strikes first-year law students as an otherwise random morass of common-law judgments. Generations of legal academics were introduced to these works, and drawn into their way of looking at things. As a student studying first-year torts with Calabresi at Yale, I had the sense that I was in the presence of greatness. (shrink)
O presente artigo objetiva estudar o conceito de “fato da razão”, tendo como norte a intervenção de Beck no cenário da filosofia transcendental, mais especificamente sua abordagem de base kantiana, para em continuação explorarmos o potencial do conceito supramencionado desde as contribuições de Guido de Almeida e Loparic.
What makes trust such a powerful concept? Is it merely that in trust the whole range of social forces that we know play together? Or is it that trust involves a peculiar element beyond those we can account for? While trust is an attractive and evocative concept that has gained increasing popularity across the social sciences, it remains elusive, its many facets and applications obscuring a clear overall vision of its essence. In this book, Guido Möllering reviews a broad (...) range of trust research and extracts three main perspectives adopted in the literature for understanding trust. Accordingly, trust is presented as a matter of reason, routine or reflexivity. While all these perspectives contribute something to our understanding of trust, Möllering shows that they imply, but cannot explain, ‘suspension’ – the leap of faith that is typical of trust. He therefore proposes a new direction in trust research that builds on existing perspectives but places the suspension of uncertainty and vulnerability at the heart of the concept of trust. Beyond a purely theoretical line of argument, the author discusses implications for empirical studies of trust and presents original case material that captures the experience of trust in terms of reason, routine, reflexivity and suspension. Möllering concludes by suggesting how the new approach can enhance the relevance of trust research and its contributions to broader research agendas concerning the constitution of positive expectations in the face of prevalent uncertainty and change at various levels in our economies and societies. The book is essential reading for anyone who wants to gain a thorough understanding of trust. It can serve as a general introduction for advanced students and scholars in the social sciences, especially in economics, sociology, psychology and management. For more experienced researchers, it is a challenging and provocative critique of the field and a new approach to understanding trust. (shrink)
This is the introduction to a special issue of 'Science in Context' on vitalism that I edited. The contents are: 1. Guido Giglioni — “What Ever Happened to Francis Glisson? Albrecht Haller and the Fate of Eighteenth-Century Irritability” 2. Dominique Boury— “Irritability and Sensibility: Two Key Concepts in Assessing the Medical Doctrines of Haller and Bordeu” 3. Tobias Cheung — “Regulating Agents, Functional Interactions, and Stimulus-Reaction-Schemes: The Concept of “Organism” in the Organic System Theories of Stahl, Bordeu and Barthez” (...) 4. Charles T. Wolfe & Motoichi Terada — “The Animal Economy as Object and Program in Montpellier Vitalism” 5. Timo Kaitaro — “Can Matter Mark the Hours? – Eighteenth-Century Vitalist Materialism and Functional Properties” 6. Elizabeth Williams —“Of Two Lives One? Jean-Charles-Marguerite-Guillaume Grimaud and the Question of Holism in Vitalist Medicine” 7. Philippe Huneman — “Montpellier Vitalism and the Emergence of Alienism in France (1750-1800): The Case of the Passions” 8. Elke Witt —“Form – A Matter of Generation. The Relation of Generation, Form and Function in the Epigenetic Theory of C.F. Wolff” . (shrink)
Tobacco companies have started to position themselves as good corporate citizens. The effort towards CSR engagement in the tobacco industry is not only heavily criticized by anti-tobacco NGOs. Some opponents such as the the World Health Organization have even categorically questioned the possibility of social responsibility in the tobacco industry. The paper will demonstrate that the deep distrust towards tobacco companies is linked to the lethal character of their products and the dubious behavior of their representatives in recent decades. As (...) a result, tobacco companies are not in the CSR business in the strict sense. Key aspects of mainstream CSR theory and practice such as corporate philanthropy, stakeholder collaboration, CSR reporting and self-regulation, are demonstrated to be ineffective or even counterproductive in the tobacco industry. Building upon the terminology used in the leadership literature, the paper proposes to differentiate between transactional and transformational CSR arguing that tobacco companies can only operate on a transactional level. As a consequence, corporate responsibility in the tobacco industry is based upon a much thinner approach to CSR and has to be conceptualized with a focus on transactional integrity across the tobacco supply chain. (shrink)
It is a widely held view that persons have privileged knowledge about their own minds, although numerous different views on what this privilege exactly consists of exist. One possible way of interpreting it is to claim that persons can refer to their own mental states in a privileged way. I will argue that this view has to be extended. Our common-sense view about reference to mental states implies that besides privileges of first-person reference to one's own mental states, there also (...) exist privileges of third-person reference to the mental states of others: Other persons can refer to all of the mental states of a person in a way that the person cannot. In a next step, I will explain that persons can take two perspectives towards their own mental states: a first-person perspective and a third-person perspective. I will conclude that the possibilities of first-person reference from a third-person perspective are limited. (shrink)
What is a race? Ernst Mayr (1904–2005) distinguishes between species in which biological change is continuous in space, and species in which groups of populations with different character combinations are separated by borders. In the latter species, the entities separated by borders are geographic races or subspecies. Many anthropology textbooks describe human races as discrete (or nearly discrete) clusters of individuals, geographically localized, each of which shares a set of ancestors, and hence can be distinguished from other races by their (...) common gene pool or by different alleles fixed in each. (shrink)
Interference phenomena are a well-known and crucial feature of quantum mechanics, the two-slit experiment providing a standard example. There are situations, however, in which interference effects are (artificially or spontaneously) suppressed. We shall need to make precise what this means, but the theory of decoherence is the study of (spontaneous) interactions between a system and its environment that lead to such suppression of interference. This study includes detailed modelling of system-environment interactions, derivation of equations (‘master equations’) for the (reduced) state (...) of the system, discussion of time-scales etc. A discussion of the concept of suppression of interference and a simplified survey of the theory is given in Section 2, emphasising features that will be relevant to the following discussion (and restricted to standard non-relativistic particle quantum mechanics.[1] A partially overlapping field is that of decoherent histories, which proceeds from an abstract definition of loss of interference, but which we shall not be considering in any detail. (shrink)
This essay compares Rawls's and Nozick's theories of justice. Nozick thinks patterned principles of justice are false, and offers a historical alternative. Along the way, Nozick accepts Rawls's claim that the natural distribution of talent is morally arbitrary, but denies that there is any short step from this premise to any conclusion that the natural distribution is unjust. Nozick also agrees with Rawls on the core idea of natural rights liberalism: namely, that we are separate persons. However, Rawls and Nozick (...) interpret that idea in different ways-momentously different ways. The tension between their interpretations is among the forces shaping political philosophy to this day. Footnotesa For comments, I thank Alyssa Bernstein, Geoffrey Brennan, Jason Brennan, Tom Christiano, Andrew I. Cohen, Andrew Jason Cohen, Tyler Cowen, Teresa Donovan, David Estlund, Jerry Gaus, Allen Habib, Alex Kaufman, Mark LeBar, Loren Lomasky (especially Loren, for insight and inspiration over a period of many years), Cara Nine, Ellen Frankel Paul, Guido Pincione, Thomas Pogge, Dan Russell, Michael Smith, Horacio Spector, and Matt Zwolinski. I thank the Earhart Foundation for financial support in the fall of 2002 and Australian National University's Research School of Social Sciences for its wonderful hospitality during a ten week stay in 2002. The support of the folks at Liberty Fund in Indianapolis during the final stages of this project goes beyond anything I will ever be able properly to thank them for. (shrink)
In this paper, we discuss various aspects of Heisenberg’s thought on hidden variables in the period 1927–1935. We also compare Heisenberg’s approach to others current at the time, specifically that embodied by von Neumann’s impossibility proof, but also views expressed mainly in correspondence by Pauli and by Schroedinger. We shall base ourselves mostly on published and unpublished materials that are known but little-studied, among others Heisenberg’s own draft response to the EPR paper. Our aim will be not only to clarify (...) Heisenberg’s thought on the hidden-variables question, but in part also to clarify how this question was understood more generally at the time. (shrink)
Closure is the principle that a person, who knows a proposition p and knows that p entails q, also knows q. Closure is usually regarded as expressing the commonplace assumption that persons can increase their knowledge through inference from propositions they already know. In this paper, I will not discuss whether closure as a general principle is true. The aim of this paper is to explore the various relations between closure and knowledge through inference. I will show that closure can (...) hold for two propositions p and q for numerous different reasons. The standard reason that S knows q through inference from p, if S knows p and knows that p entails q, is only one of them. Therefore, the relations between closure and inferential knowledge are more complex than one might suspect. (shrink)
Modern society is challenged by a loss of efficiency in national governance systems values, and lifestyles. Corporate social responsibility (CSR) discourse builds upon a conception of organizational legitimacy that does not appropriately reflect these changes. The problems arise from the a-political role of the corporation in the concepts of cognitive and pragmatic legitimacy, which are based on compliance to national law and on relatively homogeneous and stable societal expectations on the one hand and widely accepted rhetoric assuming that all members (...) of society benefit from capitalist production on the other. We therefore propose a fundamental shift to moral legitimacy, from an output and power oriented approach to an input related and discursive concept of legitimacy. This shift creates a new basis of legitimacy and involves organizations in processes of active justification vis-à-vis society rather than simply responding to the demands of powerful groups. We consider this a step towards the politicization of the corporation and attempt to re-embed the debate on corporate legitimacy into its broader context of political theory, while reflecting the recent turn from a liberal to a deliberative concept of democracy. (shrink)
The last years have seen a surge of scandals in financial intermediation. This article argues that the agency structure inherent to most forms of financial intermediation gives rise to conflicts of interest. Though this does not excuse scandalous behavior it points out market imperfections. There are four types of conflicts of interest: personal-individual, personal-organizational, impersonal-individual, and finally, impersonal-organizational conflicts. Analyzing recent scandals we find that all four types of conflicts of interest prevail in financial intermediation.
Past decades have witnessed the growing success of branding as a corporate activity as well as a rise in anti-brand activism. While appearing to be contradictory, both trends have emerged from common sources – the transition from industrial to post-industrial society, and the advent of globalization – the examination of which might lead to a socially grounded understanding of why brand success in the future is likely to demand more than superior product performance, placing increasing demand on corporations with regard (...) to a broader envelop of socially responsible behavior. Directions for strategic and managerial options are suggested. (shrink)
We investigate Turing's contributions to computability theory for real numbers and real functions presented in [22, 24, 26]. In particular, it is shown how two fundamental approaches to computable analysis, the so-called ‘Type-2 Theory of Effectivity' (TTE) and the ‘realRAM machine' model, have their foundations in Turing's work, in spite of the two incompatible notions of computability they involve. It is also shown, by contrast, how the modern conceptual tools provided by these two paradigms allow a systematic interpretation of Turing's (...) pioneering work in the subject. (shrink)
The shift in the prevailing view of alcoholism from a moral paradigm towards a biomedical paradigm is often characterized as a form of biomedicalization. We will examine and critique three reasons offered for the claim that viewing alcoholism as a disease is morally problematic. The first is that the new conceptualization of alcoholism as a chronic brain disease will lead to individualization, e.g., a too narrow focus on the individual person, excluding cultural and social dimensions of alcoholism. The second claim (...) is that biomedicalization will lead to stigmatization and discrimination for both alcoholics and people who are at risk of becoming alcoholics. The third claim is that as a result of the biomedical point of view, the autonomy and responsibility of alcoholics and possibly even persons at risk may be unjustly restricted. Our conclusion is that the claims against the biomedical conceptualization of alcoholism as a chronic brain disease are neither specific nor convincing. Not only do some of these concerns also apply to the traditional moral model; above that they are not strong enough to justify the rejection of the new biomedical model altogether. The focus in the scientific and public debate should not be on some massive “biomedicalization objection” but on the various concerns underlying what is framed in terms of the biomedicalization of alcoholism. (shrink)
Many models of (un)ethical decision making assume that people decide rationally and are in principle able to evaluate their decisions from a moral point of view. However, people might behave unethically without being aware of it. They are ethically blind. Adopting a sensemaking approach, we argue that ethical blindness results from a complex interplay between individual sensemaking activities and context factors.
People frequently advance political proposals in the name of a goal while remaining apparently indifferent to the fact that those proposals, if implemented, would frustrate that goal. Theorists of "deliberative democracy" purport to avoid this difficulty by arguing that deliberation is primarily about moral not empirical issues. We reject this view (the moral turn) and propose a method (The Display Test) to check whether a political utterance is best explained by the rational ignorance hypothesis or by the moral turn: the (...) speaker must be prepared to openly acknowledge the bad consequences of his political position. If he is, the position is genuinely moral; if he is not, the position evinces either rational ignorance or posturing. We introduce deontological notions to explain when the moral turn works and when it does not. We discuss and reject possible replies, in particular the view that a moral-political stance insensitive to consequences relies ona distribution of moral responsibility in evildoing. Finally, we show that even the most plausible candidates for the category of purely moral political proposals are best explained by the rational ignorance/posturing hypothesis, if only because enforcing morality gives rise to complex causal issues. (shrink)
After drawing attention to the basic importance of Goodman's workThe Structure of Appearance, this paper turns to a critical analysis of Goodman's claims concerning worldmaking. It stresses that Goodman's acceptance of a multiplicity of actual worlds doesnot involve the belief in an unknowable underlying reality; but that it is due to the non-mysterious fact that constructional systems allow for a multiplicity of disagreeing, right versions. However, from the point of view of truthmaker ontology, most worlds of constructional systems are not (...) genuine worlds; and so far it hasnot been shown that there are genuine truthmaker worlds that disagree.It is suggested that the construction of systems usually involves three conflicting aims: the logical, the ontological, and the psychological. Considering the current interest in cognitive psychology and phenomenology, the implications of the psychological aim, too, deserve to be reexamined. (shrink)
Abstract: We discuss the role that transnational corporations (TNCs) should play in developing global governance, creating a framework of rules and regulations for the global economy. The central issue is whether TNCs should provide global rules and guarantee individual citizenship rights, or instead focus on maximizing profits. First, we describe the problems arising from the globalization process that affect the relationship between public rules and private firms. Next we consider the position of economic and management theories in relation to (...) the social responsibility of the firm. We argue that instrumental stakeholder theory and business and society research can only partially solve the global governance issue, and that more recent concepts of corporate citizenship and republican business ethics deliver theoretically and practically helpful, fresh insights. However, even these need further development, especially with regard to the legitimacy of corporate political activity. (shrink)
This paper relates both to the metaphysics of probability and to the physics of time asymmetry. Using the formalism of decoherent histories, it investigates whether intuitions about intrinsic time directedness that are often associated with probability can be justified in the context of no-collapse approaches to quantum mechanics. The standard (two-vector) approach to time symmetry in the decoherent histories literature is criticised, and an alternative approach is proposed, based on two decoherence conditions ('forwards' and 'backwards') within the one-vector formalism. In (...) turn, considerations of forwards and backwards decoherence and of decoherence and recoherence suggest that a time-directed interpretation of probabilities, if adopted, should be both contingent and perspectival. (shrink)
Different interpretations of Bradley’s regress argument are considered. On the basis of textual evidences, it is argued that the most persuasive is the one that sees the argument as primarily addressing the general issue of unity or connectedness.
I will compare Lehrer’s anti-skeptical strategy from a coherentist point of view with the anti-skeptical strategy of the Mooreans. I will argue that there are strong similarities between them: neither can present a persuasive argument to the skeptic and both face the problem of easy knowledge in one way or another. However, both can offer a complete and self-explanatory explanation of knowledge although Mooreanism can offer the more natural one. Hence, one has good reasons to prefer Mooreanism to Lehrer’s anti-skeptical (...) approach, if one does not prefer coherentism to foundationalism for other reasons. (shrink)
Machine generated contents note: List of figures; List of tables; Editors; Contributors; Editors' acknowledgements; Part I. The Conceptual Challenge of Researching Trust Across Different 'Cultural Spheres': 1. Introduction: unraveling the complexities of trust and culture Graham Dietz, Nicole Gillespie and Georgia Chao; 2. Trust differences across national-societal cultures: much to do or much ado about nothing? Donald L. Ferrin and Nicole Gillespie; 3. Towards a context-sensitive approach to researching trust in inter-organizational relationships Reinhard Bachmann; 4. Making sense of trust across (...) cultural contexts Alex Wright and Ina Ehnert; Part II. Trust Across Different 'Cultural Spheres': Inter-Organizational Studies: 5. Examining the relationship between trust and culture in the consultant-client relationship Stephanos Avakian, Timothy Clark and Joanne Roberts; 6. Checking, not trusting: trust, distrust and cultural experience in the auditing profession Mark R. Dibben and Jacob M. Rose; 7. Trust barriers in cross-cultural negotiations: a social psychological analysis Roderick M. Kramer; 8. Trust development in German-Ukrainian business relationships: dealing with cultural differences in an uncertain institutional context Guido Möllering and Florian Stache; 9. Culture and trust in contractual relationships: a French-Lebanese cooperation Hèla Yousfi; 10. Evolving institutions of trust: personalized and institutional bases of trust in Nigerian and Ghanaian food trading Fergus Lyon and Gina Porter; Part III. Trust Across Different 'Cultural Spheres': Intra-Organizational Studies: 11. The role of trust in international cooperation in crisis areas: a comparison of German and US-American NGO partnership strategies L. Ripley Smith and Ulrike Schwegler; 12. Antecedents of supervisor trust in collectivist cultures: evidence from Turkey and China S. Arzu Wasti and Hwee Hoon Tan; 13. Trust in turbulent times: organizational change and the consequences for intra-organizational trust Veronica Hope-Hailey, Elaine Farndale and Clare Kelliher; 14. The implications of language boundaries on the development of trust in international management teams Jane Kassis Henderson; 15. The dynamics of trust across cultures in family firms Isabelle Mari; Part IV. Conclusions and Ways Forward: 16. Conclusions and ways forward Mark N. K. Saunders, Denise Skinner and Roy J. Lewicki; Index. (shrink)
The article offers a critical assessment of an article on “Corporate Legitimacy as Deliberation” by Guido Palazzo and Andreas Scherer in this journal. We share the concern about the precarious legitimacy of globally active corporations, infringing on the legitimacy of democracy at large. There is no quarrel with Palazzo/Scherer’s diagnosis, which focuses on the consequences of globalization and ensuing challenges for corporate social responsibilities. However, we disagree with the “solutions” offered by them. In a first step we refute the (...) idea of a legitimacy of morals, maintaining that morality is a premodern mode of creating legitimacy. Even worse, moral is becoming a dangerous commodity under conditions of fundamental global disagreements and antagonisms. We secondly refute the concept of the “politicized corporation”, maintaining that Palazzo/Scherer disregard the consequences of functional differentiation of modern societies and, in particular, disregard the wisdom of political restraint and constitutional guarantees for the autonomy of different spheres of society. Finally, we refute a seemingly romantic notion of deliberation, maintaining that deliberation and deliberative democracy is a worthy idea, which, however, has no place in the real world of globalized contexts. On the other hand, we also find enough common ground and common concern with Palazzo/Scherer to validate a fruitful discourse. (shrink)
Partnerships between companies and NGOs have received considerable attention in CSR in the past years. However, the role of NGO legitimacy in such partnerships has thus far been neglected. We argue that NGOs assume a status as special stakeholders of corporations which act on behalf of the common good. This role requires a particular focus on their moral legitimacy. We introduce a conceptual framework for analysing the moral legitimacy of NGOs along three dimensions, building on the theory of deliberative democracy. (...) Against this background we outline three procedural characteristics which are essential for judging the legitimacy of NGOs as potential or actual partners of corporations. (shrink)
The ageing society poses significant challenges to Europe’s economy and society. In coming to grips with these issues, we must be aware of their ethical dimensions. Values are the heart of the European Union, as Article 1a of the Lisbon Treaty makes clear: “The Union is founded on the values of respect for human dignity…”. The notion of Europe as a community of values has various important implications, including the development of inclusion policies. A special case of exclusion concerns the (...) gap between those people with effective access to digital and information technology and those without access to it, the “digital divide”, which in Europe is chiefly age-related. Policies to overcome the digital divide and, more generally speaking, e-inclusion policies addressing the ageing population raise some ethical problems. Among younger senior citizens, say those between 65 and 80 years old, the main issues are likely to be universal access to ICT and e-participation. Among the older senior citizens, say those more than 80 years old, the main issues are mental and physical deterioration and assistive technology. An approach geared towards the protection of human rights could match the different needs of senior citizens and provide concrete guidance to evaluate information technologies for them. (shrink)
