This paper describes one way in which a precise reason model of precedent could be developed, based on the general idea that courts are constrained to reach a decision that is consistent with the assessment of the balance of reasons made in relevant earlier decisions. The account provided here has the additional advantage of showing how this reason model can be reconciled with the traditional idea that precedential constraint involves rules, as long as these rules are taken to be defeasible. (...) The account presented is firmly based on a body of work that has emerged in AI and Law. This work is discussed, and there is a particular discussion of approaches based on theory construction, and how that work relates to the model described in this paper. (shrink)

This article extends earlier research concerning the relationship between corporate social performance and corporate financial performance, with particular emphasis on methodological inconsistencies. Research in this area is extended in three critical areas. First, it focuses on a particular industry, the chemical industry. Second, it uses multiple sources of data-two that are perceptual based (KLD Index and Fortune reputation survey), and two that are performance based (TRI database and corporate philanthropy) in order to triangulate toward assessing corporate social performance. Third, it (...) uses the five most commonly applied accounting measures in the corporate social performance and corporate financial performance (CSP/CFP) literature to assess corporate financial performance. The results indicate that the a priori use of measures may actually predetermine the CSP/CFP relationship outcome. Surprisingly, Fortune and KLD indices very closely track one another, whereas TRI and corporate philanthropy differentiate between high and low social performers and do not correlate to the firm's financial performance. (shrink)

Although the notion of physician value neutrality in medicine may be traced back to the writings of Sir William Osler, it is relatively new to medicine and medical ethics. We argue in this paper that how physician value neutrality has been cashed out is often obscure and its defense not persuasive. In addition, we argue that the social/political implementation of neutrality, Political Liberalism, fails, and thus, PVN's case is weakened, for PVN's justification relies largely on the reasoning undergirding PL. For (...) these reasons, we conclude that PVN has no philosophical or ethical warrant and thus should be abandoned. We suggest that the physician present to her patients some type of statement or creed that would give them an idea of where she stands on important axiological issues and how these stands are cashed out clinically. (shrink)

Using the emerging technology of large-scale textual analysis, this study examines the use of the term ‘customer satisfaction’ and its variants in the annual reports issued by publicly traded U.S. corporations and filed with the Securities and Exchange Commission as Form 10-K. We document the frequency of the term’s occurrence in 10-Ks over the 1995–2013 period and the differences in usage across industries. We then relate the term’s usage in 10-Ks to subsequent scores from the American Customer Satisfaction Index to (...) determine whether management’s discussion of customer satisfaction in financial disclosures is credible. The commitment of management to shareholders versus, more broadly, stakeholders is a central question in business ethics, and the integrity of management communication is a fundamental construct in the American Marketing Association’s Statement of Ethics. We document a complex relation between management’s discussion of customer satisfaction and subsequently reported satisfaction. We find that the general use of customer satisfaction in 10-K documents is negatively correlated with subsequent ACSI scores. However, for retail firms, when the phrase is located near words indicating measurement or monitoring of the phenomenon, the empirical relation is reversed and becomes positive. (shrink)

Regional Perspectives in Bioethics" illustrates the ways in which the national and international political landscape encompasses persons from diverse and often fragmented moral communities with widely varying moral intuitions, premises, evaluations and commitments.

Regional Perspectives in Bioethics" illustrates the ways in which the national and international political landscape encompasses persons from diverse and often fragmented moral communities with widely varying moral intuitions, premises, evaluations and commitments.

This article extends earlier research concerning the relationship between corporate social performance and corporate financial performance, with particular emphasis on methodological inconsistencies. Research in this area is extended in three critical areas. First, it focuses on a particular industry, the chemical industry. Second, it uses multiple sources of data-two that are perceptual based (KLD Index and Fortune reputation survey), and two that are performance based (TRI database and corporate philanthropy) in order to triangulate toward assessing corporate social performance. Third, it (...) uses the five most commonly applied accounting measures in the corporate social performance and corporate financial performance (CSP/CFP) literature to assess corporate financial performance. The results indicate that the a priori use of measures may actually predetermine the CSP/CFP relationship outcome. Surprisingly, Fortune and KLD indices very closely track one another, whereas TRI and corporate philanthropy differentiate between high and low social performers and do not correlate to the firm's financial performance. (shrink)

A key philosophical feature of Peter Jackson’s film interpretation of J.R.R. Tolkien’s The Lord of the Rings is its use of fantasy to inspire a “recovery” of the actual or, in other words, a reawakening to the beauty of nature and the many possible ways of living in healthier ecological relation to the world. Though none of these ways is perfectly achieved, this pluralistic view is demonstrated in the various lifeways of Hobbits, Elves, Men, and Ents. All of the positive (...) relationships embodied in the films—to trees, mountains, horses, and vegetable gardens—involve loving care and attention, receiving nourishment and livelihood without instrumentalization, or reducing nature to mere resource. The films also vividly display a variety of ugly and destructive ways of using the land to accrue power and wealth. These noxious ways, specifically because they actively destroy the lands that they use, always need more. They will thus eventually annihilate the beautiful ways of being if they are not actively resisted. Some of those who would rather be tending their own trees, gardens, or horses or even wandering in the wild forests must therefore turn their attention to struggle and resistance instead. This is a struggle full of grief, and at times even verging on despair, but it is marked by the refusal to give up hope. Indeed, what Jackson and Tolkien have to say about hope is as important in responding to the ecological crisis as anything they have to say about nature, inasmuch as they help to remind us that even in our own times, “there is still hope.”. (shrink)

After some preliminary clarifications, arguments for the supposed asymmetry of supervenience and determination, such as they are, are shown to be unsound. An argument against the supposed asymmetry is then constructed and defended against objections. This is followed by explanations of why the intuition of asymmetry is nonetheless so entrenched, and of how the asymmetric ontological priority of the physical over the non-physical can be understood without the supposed asymmetry of supervenience and determination.

This panel considered the uses of and prospects for the stakeholder theory/approach. After 20 years of popularity, the stakeholder concept has still notemerged as a true theory. However, it offers some unique perspectives on business organizations and there is plenty of room to develop stakeholder theory and research. These session notes are offered to further the scholarly discussion.

In a recent study of a patient in a persistent vegetative state, [Owen, A. M., Coleman, M. R., Boly, M., Davis, M. H., Laureys, S., & Pickard, J. D. . Detecting awareness in the vegetative state. Science, 313, 1402] claimed that they had demonstrated the presence of consciousness in this patient. This bold conclusion was based on the isomorphy between brain activity in this patient and a set of conscious control subjects, obtained in various imagery tasks. However, establishing consciousness in (...) unresponsive patients is fraught with methodological and conceptual difficulties. The aim of this paper is to demonstrate that the current debate surrounding consciousness in VS patients has parallels in the artificial intelligence debate as to whether machines can think. Basically, used a method analogous to the Turing test to reveal the presence of consciousness, whereas their adversaries adopted a line of reasoning akin to Searle’s Chinese room argument. Highlighting the correspondence between these two debates can help to clarify the issues surrounding consciousness in non-communicative agents. (shrink)

BackgroundECMO is a particularly scarce resource during the COVID-19 pandemic. Its allocation involves ethical considerations that may be different to usual times. There is limited pre-pandemic literature on the ethical factors that ECMO physicians consider during ECMO allocation. During the pandemic, there has been relatively little professional guidance specifically relating to ethics and ECMO allocation; although there has been active ethical debate about allocation of other critical care resources. We report the results of a small international exploratory survey of ECMO (...) clinicians’ views on different patient factors in ECMO decision-making prior to and during the COVID-19 pandemic. We then outline current ethical decision procedures and recommendations for rationing life-sustaining treatment during the COVID-19 pandemic, and examine the extent to which current guidelines for ECMO allocation (and reported practice) adhere to these ethical guidelines and recommendations.MethodsAn online survey was performed with responses recorded between mid May and mid August 2020. Participants (n = 48) were sourced from the ECMOCard study group—an international group of experts (n = 120) taking part in a prospective international study of ECMO and intensive care for patients during the COVID-19 pandemic. The survey compared the extent to which certain ethical factors involved in ECMO resource allocation were considered prior to and during the pandemic.ResultsWhen initiating ECMO during the pandemic, compared to usual times, participants reported giving more ethical weight to the benefit of ECMO to other patients not yet admitted as opposed to those already receiving ECMO, (p < 0.001). If a full unit were referred a good candidate for ECMO, participants were more likely during the pandemic to consider discontinuing ECMO from a current patient with low chance of survival (53% during pandemic vs. 33% prior p = 0.002). If the clinical team recommends that ECMO should cease, but family do not agree, the majority of participants indicated that they would continue treatment, both in usual circumstances (67%) and during the pandemic (56%).ConclusionsWe found differences during the COVID-19 pandemic in prioritisation of several ethical factors in the context of ECMO allocation. The ethical principles prioritised by survey participants were largely consistent with ECMO allocation guidelines, current ethical decision procedures and recommendations for allocation of life-sustaining treatment during the COVID-19 pandemic. (shrink)

Interest in philosophy of management continues to grow. Growth of the philosophy of management might result from the consideration of man's potential as viewed by two different men, an industrialist and a philosopher. James Finney Lincoln was president and board chairman of The Lincoln Electric Company for 37 years. During that time, and for 14 previous years when he was the firm's general manager, he developed a philosophy basic to a practice of business management that gained national and international attention. (...) Wilhelm von Humboldt was a very gifted person with many accomplishments including those as a Prussian statesman, a humanist, and a linguistics scholar. A comparison of both men's philosophies reveals the following: In each view man's potentiality was approached by the dynamic, on-going process of developing his latent abilities or powers. Both views stressed freedom as being critical to the development of man's latent abilities or powers. For Lincoln the individual must gain satisfaction from the recognition of developing his latent abilities. For Humboldt the individual must enjoy the 'freedom of developing himself.' Lincoln warned against custom as being a barrier to development since it places man in situations which are without variation, forcing him merely to follow precedent. Humboldt, in addition to freedom, stated that "a variety of situations" is essential for development. 2012 APA, all rights reserved). (shrink)

Interest in philosophy of management continues to grow. Growth of the philosophy of management might result from the consideration of man's potential as viewed by two different men, an industrialist and a philosopher. James Finney Lincoln was president and board chairman of The Lincoln Electric Company for 37 years. During that time, and for 14 previous years when he was the firm's general manager, he developed a philosophy basic to a practice of business management that gained national and international attention. (...) Wilhelm von Humboldt was a very gifted person with many accomplishments including those as a Prussian statesman, a humanist, and a linguistics scholar. A comparison of both men's philosophies reveals the following: In each view man's potentiality was approached by the dynamic, on-going process of developing his latent abilities or powers. Both views stressed freedom as being critical to the development of man's latent abilities or powers. For Lincoln the individual must gain satisfaction from the recognition of developing his latent abilities. For Humboldt the individual must enjoy the 'freedom of developing himself.' Lincoln warned against custom as being a barrier to development since it places man in situations which are without variation, forcing him merely to follow precedent. Humboldt, in addition to freedom, stated that "a variety of situations" is essential for development. 2012 APA, all rights reserved). (shrink)

Over the years I have written a number of articles critiquing Transcendental Thomism both from philosophical and from textual points of view. In the course of these articles, I have made comments on Bernard J. F. Lonergan’s epistemology. These comments have caught the eye of Jeremy D. Wilkins, and have provoked his article, “A Dialectic of ‘Thomist’ Realisms: John Knasas and Bernard Lonergan.” The violence of Wilkins’s reaction leads me to believe that despite the passing nature of my comments, (...) they are sufficiently incisive to have cut a nerve. Nevertheless, it is my opinion that no reader of Wilkins would come away with any accurate grasp of my understanding of Lonergan, my reasons for it, and the precise point of contention between us. So, both for the record and the benefit of calm discussion of this influential figure, I would like to provide my hermeneutic of Lonergan and to pinpoint my trouble with him. To this end, I will repeat some descriptions of Lonergan from a recently published monograph, Being and Some Twentieth-Century Thomists (New York: Fordham University Press, 2003), and then address the criticisms of Wilkins. (shrink)

Machine generated contents note: ch. 1 The Cry of Rachel -- Maritain's 1942 Marquette Aquinas Lecture -- Maritain's The Person and the Common Good -- Camus's The Plague -- ch. 2 Joy -- Being as the Good and the Eruption of Willing -- Being and Philosophical Psychology -- An Ordinary Knowledge of God and Metaphysics -- Metaphysics as Implicit Knowledge -- Being and the Intellectual Emotions -- ch. 3 Quandoque Evils -- Aquinas's Rationale for the Corruptible Order -- The Corruptible (...) Order and Quandoque Evils -- Bracketing Quandoque Evils between Goods -- A Caveat in Understanding the Subject of the Consequent Good -- The Effect of Human Providence upon the Frequency of Quandoque Evils -- ch. 4 Natural Corruptions -- Death as a Natural Corruption -- Natural Corruption as Nondefinitive -- Ambiguity of "Praeter Intentionem" and "Per Accidens" -- God and the Evil of Punishment (Poena) -- Other Interpretations -- Abraham and Isaac -- Conclusion -- ch. 5 Preliminaries to Aquinas and the Contemporary Discussion -- C.G. III, 71: "If Evil Exists, God Exists" -- William Rowe on Cosmological Reasoning -- De Ver. X, 12, ad 10m: "If not God from Justice, then God from Some Other Effect" -- Summary of Aquinas on the Existence of Evil -- A Strategy -- ch. 6 The Thomist and the Contemporary Discussion: Personalist Theodicies -- Marilyn McCord Adams and "Horrendous Evils" -- William Hasker: Personal Satisfaction and World Approval -- John Hick: Creation as a Gymnasium for the Development of Our Virtues -- David Ray Griffin and the Denial of Genuine Evils -- The Brothers Karamazov -- Thomistic "Natural Desires" of the Human Person -- ch. 7 The Thomist and the Contemporary Discussion: Cosmological Theodicies -- Diogenes Allen and Suffering as an Experience of God -- David Hume and Dialogues concerning Natural Religion, X and XI -- William Rowe and "Pointless Evils" -- J. L. Mackie and Further Objections to a Cosmological Theodicy -- Mackie's Fourth Criticism and Aquinas on the Causality of Human Choices -- Aquinas and Plantinga -- The Avoidance of Determinism -- The Avoidance of Divine Culpability -- A Thomistic Free Will Defense? -- Richard Swinburne: Nature as a Necessary Display Case for Our Knowledge of Good and Evil -- Bruce Reichenbach: Developing Plantinga and Swinburne -- ch. 8 Conclusion and Comparison to Brian Davies and Eleonore Stump -- Brian Davies's Apophatic Treatment of the Evil Problem -- Eleonore Stump and the Love of God -- The Consolation of Rachel. (shrink)

In searching for appropriate business ethics for the 21st century, it is necessary to embrace a range of inter-related disciplines such as psychology and ethics, but also areas including philosophy, politics and religion. This text acts as an example of interdisciplinary scholarship.

The complexity of the human mind and its interaction with the environment is one of the main epistemological debates throughout history. Recent ideas, framed as the 4E perspective to cognition, highlight that human experience depends causally on both cerebral and extracranial processes, but also is embedded in a particular sociomaterial context and is a product of historical accumulation of trajectory changes throughout life. Accordingly, the human microbiome is one of the most intriguing actors modulating brain function and physiology. Here, we (...) present the 4E approach to the Human Microbiome for understanding mental processes from a broader perspective, encompassing one's body physiology and environment throughout their lifespan, interconnected by microbiome community structure and dynamics. We review evidence supporting the approach theoretically and motivates the study of the global set of microbial ecosystem networks encountered by a person across their lifetime (from skin to gut to natural and built environments). We furthermore trace future empirical implementation of the approach. We finally discuss novel research opportunities and clinical interventions aimed toward developing low‐cost/high‐benefit integrative and personalized bio‐psycho‐socio‐environmental treatments for mental health and including the brain‐gut‐microbiome axis. (shrink)

This issue of Business & Society contains the transcripts of 12 oral history interviews with founders of and early contributors to the business and society/social issues in management field. The publication of these interviews is the culmination of a very long-term project, with the first interview having been conducted in 1993 with Lee Preston and the most recent interview having been conducted in 2011 with Jim Post. This project has been very much of a team effort with Sandra Waddock, (...) class='Hi'>John Steiner, Mary Mallott, Ariane Berthoin Antal, and, of course, our interviewees all playing important roles. (shrink)