This paper explores how managers’ and supervisors’ equity incentives impact the likelihood of committing corporate fraud in Chinese-listed firms. Previous research has shown that corporate fraud in China is a widespread phenomenon and has severe consequences for affected firms and executives. However, our understanding of the reasons that fraud is committed in a Chinese setting has been very limited thus far. This is an increasingly important topic, because corporate governance is rapidly changing in China, and it is unclear whether adopting (...) the executive compensation practices of the West is appropriate for Chinese firms. We show that managers’ equity incentives increase their propensity to commit corporate fraud. We also find that this effect is more pronounced for state-owned firms. However, we find a negative but not significant relationship between the equity incentives of the supervisory board and the incidence of fraud. (shrink)

Firm managers make ethical decisions regarding the form and quality of disclosure. Disclosure can have long-term implications for performance, earnings manipulation, and even fraud. We investigate the impact of venture capital (VC) backing on the quality and informativeness of disclosure controls and procedures for newly public companies. We find that these controls and procedures are stronger, as evidenced by fewer material weaknesses in internal control under Section 302 of the Sarbanes–Oxley Act, when companies are VC-backed. Moreover, these disclosures are informative (...) and are more likely to be followed by subsequent financial statement restatements than are disclosures made by non-VC-backed IPO companies. (shrink)

This paper examines the effectiveness of public enforcement by studying the effects of regulatory intervention to curb tunneling through intercorporate loans in China. Specifically, we explore whether public enforcement efforts in 2006 resulted in less tunneling, and ultimately in increased performance for tunneling firms. We show that tunneling is among the dominant factors increasing the likelihood of becoming blacklisted. We also find that firms’ tunneling mechanisms decreased significantly after the regulatory shock, and that their performance increased significantly compared to non-tunneling (...) firms after the regulatory shock. Finally, we find a positive market reaction to the public announcement of tunneling both for firms that have been blacklisted and other tunneling firms that are not blacklisted. Collectively, these results suggest that public enforcement in the presence of a credible threat succeeds in deterring the effect on tunneling behavior in China. (shrink)

This paper examines the relationship between performance persistence and corporate governance. We document systematic differences in performance persistence across listed companies in China during 2001–2011, and empirically demonstrate that firms with better corporate governance show higher performance persistence. The results are robust over both the short and long terms. We also find that performance persistence is an important factor in refinancing, and it can lower companies’ costs of borrowing. Overall, our findings offer important implications for business ethics, as we demonstrate (...) how corporate governance can lower companies’ costs of debt. (shrink)

The welfare of farmed fish is often regarded with less concern than the welfare of other husbandry animals, as fish are not universally classified as sentient beings. In Norway, farmed fish and other husbandry animals are legally protected under the same laws. Additionally, the legislature has defined a number of aquaculture-specific amendments, including mandatory welfare courses for fish farmers who have a key role in securing animal welfare, also with regards to noting welfare challenges in the production process. This article (...) uses fish welfare courses as a site from which to inquire about the common-sense understanding of fish welfare in Norwegian fish farming. The focus is specifically on fish farm employees, their experiences of welfare-related issues and contradictions in their daily work, and the struggle to act responsibly in aquaculture settings. Through participant observation at welfare courses, as well as interviews and conversations with fish farm workers, the article details how challenges are experienced ‘on the ground’, and suggests how fish farm workers’ own experiential knowledge might be mobilized to improve the general welfare of farmed fish. (shrink)

The emergence of key concepts in Reinhart Koselleck’s sense has been much discussed in conceptual history, but mainly for the eighteenth and nineteenth centuries. The article documents a post–World War II emergence of the concept of health, from relative anonymity to becoming a key concept, comparable to concepts such as politics, democracy, and culture. While previous research has emphasized conceptual mobility, this article focuses on conceptual aggregation, where the concept of health assembles and assimilates meanings, becoming essential to discourse. This (...) is explained with reference to the development of the welfare state and the political use of a positive, expanded health concept. The article utilizes a collocation analysis of Norwegian digitized newspapers 1950–2010, culled from the uniquely extensive database of the Norwegian National Library. (shrink)

There is an argument (first presented by Fitch), which tries to show by formal means that the anti-realistic thesis that every truth might possibly be known, is equivalent to the unacceptable thesis that every truth is actually known (at some time in the past, present or future). First, the argument is presented and some proposals for the solution of Fitch's Paradox are briefly discussed. Then, by using Wehmeier's modal logic with subjunctive marks (S5*), it is shown how the derivation can (...) be blocked if one respects adequately the distinction between the indicative and the subjunctive mood. Essentially, this proposal amounts to the one by Edgington which was formulated with the help of the actuality-operator. Finally it is shown how the criticisms by Williamson against Edgington can be answered by the formulation of a new conception of possible knowledge that \alpha (thereby \alpha being in the indicative mood and thus referring to the actual world). This conception is based on the concept of same de re knowledge in different possible worlds. (shrink)

We claim that adjustable parameters play a crucial role in building and applying simulation models. We analyze that role and illustrate our findings using examples from equations of state in thermodynamics. In building simulation models, two types of experiments, namely, simulation and classical experiments, interact in a feedback loop, in which model parameters are adjusted. A critical discussion of how adjustable parameters function shows that they are boon and bane of simulation. They help to enlarge the scope of simulation far (...) beyond what can be determined by theoretical knowledge, but at the same time undercut the epistemic value of simulation models. (shrink)

Aggregating individuals’ consistent attitudes might produce inconsistent collective attitudes. Some groups therefore need the capacity to form attitudes that are irreducible to those of their members. Such groups, group-agent realists argue, are agents in control of their own attitude formation. In this paper, however, I show how group-agent realism overlooks the important fact that groups consist of strategically interacting agents. Only by eliminating group agency from our social explanations can we see how individuals vote strategically to gain control of their (...) groups and produce collective attitudes we cannot make sense of if we treat groups as agents. (shrink)

In his Doctrine of Right, Immanuel Kant calls Moses Mendelssohn, the towering figure of the German and the Jewish Enlightenment, a ‘Rechtsforscher’—a legal scholar. Yet not only Kant, but numerous scholars of Natural law in the 18th and 19th centuries refer to and reflect on the juridical aspects of Mendelssohn’s work, in particular his thoughts on the law of contract. In this article, I hope to shed some light on this hitherto rather unexplored facet of Mendelssohn’s oeuvre. Mendelssohn develops his (...) theory of contract from the starting point of the officium amoris: the unenforceable ‘duty of love’ to exercise beneficence. Mendelssohn’s theory knows nothing yet of the modern contrast between altruism, distributive justice and ‘freedom of contract’. By exploring Mendelssohn’s theory, we will thus be able to catch a glimpse of the birth pangs of the modern Western discourse on the ‘freedom of contract’, which formed the backdrop as well as the jumping-off point of the development of a ‘liberal’ will theory of contract. Since this ‘liberal’ model is still the paradigm of how contract is mostly perceived today, Mendelssohn’s theory also exemplifies the possibility of an alternative to our own conceptualizations of contract that inescapably shape the way we think. (shrink)

This article investigates the question why even the existence of “moral conscience” became regarded with serious doubts among radical eighteenth-century French philosophes La Mettrie, d’Holbach, Diderot, and Voltaire, from the vantage point of conceptual history. The philosophes’ stance of regarding moral conscience only as a name for certain acquired prejudices both fails to engage with the conception of moral conscience upheld by their theistic opponents and stands in a sharp contrast to the moral thought of Protestant reformation, which – less (...) than two centuries earlier – had elevated moral conscience to a position of an infallible moral authority. The article argues, however, that, in spite of the opposition between these two conceptions of conscience, they might be connected, and that the former might have even been a consequence of the latter. It will be shown that the pre-Reformation conception of moral conscience, crystallized in Aquinas, presents it being based on our natural attraction to “the human good”. However, as this conception was not created by medieval theologians, but was inherited from non-theistic ancient philosophy, in principle it would have been as compatible with the deistic and atheistic worldviews of the philosophes as the other ancient philosophical concepts, such as “the human good” and “human nature”, that the philosophes continued using in their original, teleological senses. Having presented a brief overview of the history of moral conscience, the article proceeds to show how the Protestant reformers removed the attraction to the human good from moral conscience while making its normative guidance infallible. The article will suggest that, due to the prevalence of this, exclusively theological, conception of moral conscience in the intellectual environment shaped by Protestantism, several British thinkers of the seventeenth century, including Hobbes, Locke, and Hume, who could not endorse the theological aspects of moral conscience, gradually reduced it into a mere acquired “sentiment”. As their philosophy was a major influence on the philosophes, the article concludes that the loss of a rational justification for moral conscience in the works of the British philosophers could have also been what motivated the philosophes to question moral conscience. (shrink)

In dominant discourses, migrants are mostly perceived as either victims or villains but rarely as political subjects and democratic constituents. Challenging this view, the aim of the article is to rethink democracy with respect to migration struggles. I argue that movements of migration are not only consistent with democracy but also provide a decisive impetus for actualizing democratic principles in the context of debates about the crisis of representation and post-democracy. Drawing on the work of Jacques Rancière, Étienne Balibar and (...) Ernesto Laclau and Chantal Mouffe, I develop a theory of radical democracy as practice, which, starting from the proposed notion of ‘democratic difference’, goes beyond the fixation on democratic regimes and focuses on contentious practices of enacting democratic principles. I articulate these theoretical concepts by analysing how refugees in Germany have managed to break out of a marginalized position and have challenged their denial of rights through a protest march. (shrink)

Can groups really be agents or is group agency just a fiction? Christian List and Philip Pettit argue influentially for group-agent realism by showing how certain groups form and act on attitudes in ways they take to be unexplainable at the level of the individual agents constituting them. Group agency is therefore considered not a fiction or a metaphor but a reality we must account for in explanations of certain social phenomena. In this paper, I challenge this defence of group-agent (...) realism by showing how it is undermined by individual-level analysis of how individuals interact within groups. While group agency can be a useful fiction, real agents are at the individual level, not the collective level. (shrink)

Dialogical logic is a game-theoretical approach to logic. Logic is studied with the help of certain games, which can be thought of as idealized argumentations. Two players, the Proponent, who puts forward the initial thesis and tries to defend it, and the Opponent, who tries to attack the Proponent’s thesis, alternately utter argumentative moves according to certain rules. For a long time the dialogical approach had been worked out only for classical and intuitionistic logic. The seven papers of this dissertation (...) show that this narrowness was uncalled for. The initial paper presents an overview and serves as an introduction to the other papers. Those papers are related by one central theme. As each of them presents dialogical formulations of a different non-classical logic, they show that dialogical logic constitutes a powerful and flexible general framework for the development and study of various logical formalisms and combinations thereof. As such it is especially attractive to logical pluralists that reject the idea of “the single correct logic”. The collection contains treatments of free logic, modal logic, relevance logic, connexive logic, linear logic, and multi-valued logic. (shrink)

This volume offers a critical analysis and illustration of the challenges and promises of ‘stateless’ law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. Confronting the ‘transnational challenge’ posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the book brings new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of (...) the early twenty-first century. (shrink)

The main purpose of this book is to introduce a broader audience to emergence by illustrating how discoveries in the physical sciences have informed the ways we think about it. In a nutshell, emergence asserts that non-reductive behavior arises at higher levels of organization and complexity. As physicist Philip Anderson put it, "more is different." Along the text's conversational tour through the terrain of quantum physics, phase transitions, nonlinear and statistical physics, networks and complexity, the author highlights the various philosophical (...) nuances that arise in encounters with emergence. The final part of the book zooms out to reflect on some larger lessons that emergence affords us. One of those larger lessons is the realization that the great diversity of theories and models, and the great variety of independent explanatory frameworks, will always be with us in the sciences and beyond. There is no "Theory of Everything" just around the corner waiting to be discovered. One of the main benefits of this book is that it will make a number of exciting scientific concepts that are not normally covered at this level accessible to a broader audience. The overall presentation, including the use of examples, analogies, metaphors, and biographical interludes, is geared for the educated non-specialist. (shrink)

Verili bir durumu anlamayı, onu bir bütün olarak kurgulamak olarak düşünelim. Kurgu basit bir gösterge de olabilir, karmaşık bir yapı da olabilir; belli belirsiz bir iz veya izler toplamı da olabilir. Kurgunun işlevini yerine getirmesini sağlayan gerek ve yeter koşul verili olan durum ile kendi yapısı arasında bir karşılaştırma olanağını sağlamasıdır. Nitekim, en bilindik anlamda bir durumu kurgulamak onu bir başka durumla karşılaştırmaktır. Bu yüzden de karşılaştırma yapmayı anlama yetimiz için ön dayanak olan bir alt-yeti olarak tanımlayabiliriz. Bu alt-yetinin edimsel (...) doğasına ilişkin bazı sorulara yanıt aramak istersek, karşılaştırma dediğimiz edimin doğal koşullarını incelememiz gerekir. Bu bildiride karşılaştırma ediminin doğal koşullarını betimlemeyi amaçlayan bir çerçeve çizmeye ve böylelikle anlama yetimizin ön dayanaklarının edimsel doğasını uygun bir biçimde nasıl yorumlayabileceğimiz sorusuna yanıt vermeye çalışacağım. (shrink)

We claim that adjustable parameters play a crucial role in building and applying simulation models. We analyze that role and illustrate our findings using examples from equations of state in thermodynamics. In building simulation models, two types of experiments, namely, simulation and classical experiments, interact in a feedback loop, in which model parameters are adjusted. A critical discussion of how adjustable parameters function shows that they are boon and bane of simulation. They help to enlarge the scope of simulation far (...) beyond what can be determined by theoretical knowledge, but at the same time undercut the epistemic value of simulation models. (shrink)

Trust between a patient and a medical doctor is normally both justified and taken for granted, but sometimes it may need to be negotiated. In this paper I will present how trust can be interpreted as both an explicit and implicit phenomenon, drawing on literature from the social sciences and philosophy. The distinction between explicit and implicit interpretations of trust will be used to address problems that may arise in clinical consultations. Negotiating trust in any way very easily brings distrust (...) into a situation, but sometimes this can be helpful for building a more functional patient-doctor relationship. (shrink)

Kant is generally conceived to have offered little attention to the fact that we experience the world in and through our bodies. This book argues that this standard image of the great German philosopher is radically wrong. Not only does Kant - throughout his career and in works published before and after the Critique of pure reason - reflect constantly upon the fact that human life is embodied, but the Critique of pure reason itself may be read as a critical (...) reflection aimed at exploring some significant philosophical implications of this fact. Bringing this aspect of Kant's philosophy into focus is important, not only because it sheds new light on our understanding of Kant's work, but also because it is relevant to contemporary discussions in philosophy about embodiment, learning and practice. By taking his philosophy of embodiment into account, the author makes Kant stand out as a true contemporary in new and unexpected ways. (shrink)

We have studied ethical considerations of care among health professionals when treating and setting priorities for elderly patients in Norway. The views of medical doctors and nurses were analysed using qualitative methods. We conducted 21 in depth interviews and 3 focus group interviews in hospitals and general practices. Both doctors and nurses said they treated elderly patients different from younger patients, and often they were given lower priorities. Too little or too much treatment, in the sense of too many interventions (...) and too much drugs, combined with too little care and comfort, was admitted as a relatively frequent yet unwanted consequence of the way clinical priorities were set for elderly patients. This was explained in terms of elderly patients not tolerating the same treatment as younger patients, and questions were raised about the quality of life of many elderly patients after treatment. These explanations were frequently referred to as medically sound decision making. Other explanations had little to do with medically sound decisions. These often included deep frustration with executive guidelines and budget constraints. (shrink)

Introduction: What is evil and how can we understand it? -- The theology of evil -- Theodicies -- The privation theodicy -- The free will theodicy -- The Iraenean theodicy -- The totality theodicy -- History as secular theodicy -- Job's insight-the theodicy of the hereafter -- Anthropology of evil -- Are people good or evil? -- The typologies of evil -- Demonic evil -- Evil for evil's sake -- Evil's aesthetic seduction -- Sadism -- Schadenfreude -- Subjective and objective (...) evil -- Kant and instrumental evil -- The impossibility of a "devilish" will -- The paradox of evil -- Moral rebirth -- The evil is the other-idealistic evil -- "Us" vs. "them" -- Violent individuals -- Arendt and stupid evil -- The evil and the stupid -- Radical and banal evil -- Eichmann, Hoss, and Stangl -- Normal people and extreme evil -- Thinking as opposition -- Evil people -- The problem of evil -- Theory and praxis -- Ethics of conviction and ethics of responsibility -- Politics and violence -- Evil as a concrete problem. (shrink)

Telegraphy, the distant ancestor of Internet and GSM (Global System for Mobile Communications), was invented by Samuel Morse in 1838. One year later, William Grove invented the fuel cell. Although numerous highly successful innovations stemming from telegraphy may be observed, the development of fuel cells has been insignificant, slow, and erratic and has not yet resulted in notable positive socioeconomic effects. By comparing the modern development of fuel cells and hydrogen technology, that is, a potential radical innovation in energy generation, (...) with some aspects related to the evolution of two highly successful radical innovations, Internet and GSM, the author focuses on the role of innovation regimes and policy in a sectorial system of innovations perspective. In the slow pace in fuel cells and hydrogen technology development, two factors seem to interact negatively: weak and fragmented innovation regimes in the energy sector and the current hegemony of market-oriented R&D policies. (shrink)

Introduction -- The history of written codes of ethics -- Contemporary codes -- Media councils in the Western Hemisphere -- Journalists' responsibility for the destiny of peace -- Towards an international code of ethics -- Journalistic ethics in Latin America -- The international ethics of journalists.

This article analyses and presents a survey of ethical conflicts in prehospital emergency care. The results are based on six focus group interviews with 29 registered nurses and paramedics working in prehospital emergency care at three different locations: a small town, a part of a major city and a sparsely populated area. Ethical conflict was found to arise in 10 different nodes of conflict: the patient/carer relationship, the patient’s self-determination, the patient’s best interest, the carer’s professional ideals, the carer’s professional (...) role and self-identity, significant others and bystanders, other care professionals, organizational structure and resource management, societal ideals, and other professionals. It is often argued that prehospital care is unique in comparison with other forms of care. However, in this article we do not find support for the idea that ethical conflicts occurring in prehospital care are unique, even if some may be more common in this context. (shrink)

Despite the overuse of the word in movies, political speeches, and news reports, "evil" is generally seen as either flagrant rhetoric or else an outdated concept: a medieval holdover with no bearing on our complex everyday reality. In _A Philosophy of Evil_, however, acclaimed philosopher Lars Svendsen argues that evil remains a concrete moral problem: that we're all its victims, and all guilty of committing evil acts. "It's normal to be evil," he writes -- the problem is, we have (...) lost the vocabulary to talk about it. Taking up this problem -- how do we speak about evil? -- _A Philosophy of Evil_ treats evil as an ordinary aspect of contemporary life, with implications that are moral, practical, and above all, political. Because, as Svendsen says, "Evil should neither be justified nor explained away -- evil must be fought.". (shrink)

In this essay I intend to flesh out and discuss what I consider to be the groundbreaking contribution by the German historian and theorist of history Reinhart Koselleck to postwar historiography: his theory of historical times. I begin by discussing the view, so prominent in the Anglophone context, that Koselleck's idea of the plurality of historical times can be grasped only in terms of a plurality of historical periods in chronological succession, and hence, that Koselleck's theory of historical times is (...) in reality a theory of periodization. Against this interpretation, to be found in works by Kathleen Davis, Peter Osborne, and Lynn Hunt, among others, I will argue that not only is Koselleck's theory of historical times, or, with a more phenomenlogical turn of phrase, his theory of multiple temporalities, not a theory of periodization, it is, furthermore, a theory developed to defy periodization. Hence, at the core of Koselleck's work is the attempt to replace the idea of linear, homogeneous time with a more complex, heterogeneous, and multilayered notion of temporality. In this essay I will demonstrate how this shift is achieved by means of three dichotomies: between natural and historical, extralinguistic and intralinguistic, and diachronic and synchronic time. (shrink)

This text provides a comprehensive analysis of historical archives, letters, and primary sources to offer unique insight into how Fröbel's pedagogy of kindergarten and play has been understood, interpreted, and modified throughout history and in particular, as a consequence of it's adoption in the US. Tracing the development, modification, and global spread of the kindergarten movement, this volume demonstrates the far-reaching impacts of Fröbel's work, and asks how far contemporary understandings of the kindergarten pedagogy reflect the educationalist's original intentions. Recognizing (...) that Fröbel's pedagogy has at times been simplified or misunderstood, the book tackles issues caused by translation, or transfer to non-German speaking countries such as the US, and so demonstrates how and why contemporary research and Froebelian practice is in the danger of diverging from the original ideas expressed in Fröbel's work. By returning to original documents produced by Fröbel, Wasmuth traces various interpretations, and explains how and why some of these understandings established themselves in the context of US Early Childhood Education, whilst others did not. This insightful text will be of great interest to graduate and postgraduate students, researchers, academics, professionals and policy makers in the fields of early childhood education, history of education, Philosophy of Education and Teacher Education. (shrink)

A moralised conception of freedom is based on a normative theory. Understanding it therefore requires an analysis of this theory. In this paper, I show how republican freedom as non-domination is moralised, and why analysing this concept therefore involves identifying the basic components of the republican theory of justice. One of these components is the non-moralised pure negative conception of freedom as non-interference. Republicans therefore cannot keep insisting that their freedom concept conflicts with, and is superior to, this more basic (...) concept. I demonstrate how we can use pure negative freedom to formulate the republican theory more precisely. This exercise is more fruitful than the common focus on the alleged conflict between the two freedom concepts. (shrink)

Hannah Arendt and Theodor W. Adorno, two of the most influential political philosophers and theorists of the twentieth century, were contemporaries with similar interests, backgrounds, and a shared experience of exile. Yet until now, no book has brought them together. In this first comparative study of their work, leading scholars discuss divergences, disclose surprising affinities, and find common ground between the two thinkers. This pioneering work recovers the relevance of Arendt and Adorno for contemporary political theory and philosophy and lays (...) the foundation for a critical understanding of political modernity: from universalistic claims for political freedom to the abyss of genocidal politics. (shrink)

Public reason liberals expect individuals to have justificatory reasons for their views of certain political issues. This paper considers how groups can, and whether they should, give collective public reasons for their political decisions. A problem is that aggregating individuals’ consistent judgments on reasons and a decision can produce inconsistent collective judgments. The group will then fail to give a reason for its decision. The paper considers various solutions to this problem and defends a deliberative procedure by showing how it (...) incentivizes information sharing and leads to outcomes most acceptable to the group members. (shrink)

The revival of republicanism was meant to challenge the hegemony of liberalism in contemporary political theory on the grounds that liberals show insufficient concern with institutional protection against political misrule. This article challenges this view by showing how neorepublicanism, particularly on Philip Pettit’s formulation, demands no greater institutional protection than does political liberalism. By identifying neutrality between conceptions of the good as the constraint on institutional requirements that forces neorepublicanism into the liberal framework, the article shows that neutrality is what (...) neorepublicans must jettison to offer a tenable critique of liberalism. Only then can neorepublicans ensure greater protection against misrule by demanding that citizens participate more actively in politics. They can then also criticize liberalism for failing to appreciate the importance of such protection. (shrink)