The United Nations ‘Protect, Respect and Remedy’ Framework,developed by the U.N. Special Representative JohnRuggie, brings together social expectations and law into anemerging policy framework of direct relevance to corporate social responsibility, CSR. The principle source of the Framework’s significance for the policy and practice of CSR is its definition of the theory of business responsibility for human rights as arising from business activities and relationships, and its deployment of due diligence for human rights risk as the core (...) operational concept of this theory of responsibility. The article considers the responsibility to respect human rights in light of theories about polycentric regulatory regimes and draws the conclusion that the Ruggie Framework creates a regulator dynamic in which both voluntarism and law have relevant and reinforcing roles to play in governing business behavior. In the wake of the adaptation of the Framework by the UN, the challenge for the field of CSR will be to adapt to an emerging reality in which business responsibility for ‘the social’ is increasingly a question of compliance and beyond. (shrink)

The challenge -- No silver bullet -- Protect, respect and remedy -- Strategic paths -- Next steps.

ABSTRACT:Central to the United Nations Framework setting out the human rights responsibilities of corporations proposed by John Ruggie is the principle that corporations have a responsibility to respect human rights in their operations whether or not doing so is required by law and whether or not human rights laws are actively enforced. Ruggie proposes that corporations should respect this principle in their strategic management and day-to-day operations for reasons of corporate (enlightened) self-interest. This paper identifies this as (...) a serious weakness and argues that identifying the responsibility to respect human rights as an explicitly ethical obligation to be respected for that reason would provide a much stronger justificatory foundation for respecting the principle seen from a corporate perspective, given that corporations are accountable to their shareholders for their deployment of the firm’s financial resources. (shrink)

Human rights declarations are instruments used to introduce universal standards of ethics. The UN’s Protect, Respect, and Remedy Framework (Ruggie, Protect, respect, and remedy: A Framework for business and human rights. UN Doc A/HRC/8/5, 2008; Guiding principles on business and human rights: Implementing the United Nations “Protect, Respect, and Remedy” framework. UN Doc A/HRC/17/31, 2011) intends to provide guidance for corporate behavior in regard to human rights. This article applies concepts from the field of organizational justice (...) to the arena of business and human rights for the purpose of operationalizing the UN Framework. This approach facilitates the recognition of gaps between perceptions of justice held by stakeholders versus businesses and/or the State. Such recognition raises the potential for addressing issues that lead to divergent perceptions of justice, thus potentially improving the human rights performance of businesses. The research also shows the potential for complicity of businesses in human rights abuses and exposes a fundamental weakness in the UN Framework, which attempts to draw a sharp distinction between duties of States versus responsibilities of business. We illustrate this approach through analysis of the case of Goldcorp’s Marlin Mine in Guatemala; an extractive industry project that affects indigenous communities. (shrink)

This paper argues that economic agents, including corporations, have the duty to further justice, not just a duty merely to comply with laws and do their share. The duty to further justice is the requirement to assist in the establishment of just arrangements when they do not exist in society. The paper is grounded in liberal theory and draws heavily on one liberal theorist, Kant. We show that the duty to further justice must be interpreted as a duty of virtue (...) that is owed. This means that the duty is not enforceable but that violating this duty is still wrong and not merely non-virtuous. Our analysis has consequences for the morality of commercial life. It is often suggested that the morality of the market is a special, restricted morality that is leaner than the morality that agents must acknowledge outside the market. If our analysis is correct, the duty to further justice cannot be exempted from market morality, even if it is agreed that this must be leaner than the morality outside commercial life. Our analysis also has direct consequences for John Ruggie’s view on the responsibilities of businesses. Ruggie has never explicitly acknowledged a duty on the part of business enterprises to further justice. If our analysis is correct, his view is contradictory in that it presupposes the normative validity of free market enterprise yet shrinks from taking into account the conditions of its possibility. (shrink)

ABSTRACT:Should companies’ human rights responsibilities arise, in part, from their “leverage”—their ability to influence others’ actions through their relationships? Special Representative John Ruggie rejected this proposition in the United Nations Framework for business and human rights. I argue that leverage is a source of responsibility where there is a morally significant connection between the company and a rights-holder or rights-violator, the company is able to make a contribution to ameliorating the situation, it can do so at modest cost, (...) and the threat to human rights is substantial. In such circumstances companies have a responsibility to exercise leverage even though they did nothing to contribute to the situation. Such responsibility is qualified, not categorical; graduated, not binary; context-specific; practicable; consistent with the social role of business; and not merely a negative responsibility to avoid harm but a positive responsibility to do good. (shrink)

The article is guided by two main research questions: First, do the Equator Principles (EPs), a voluntary CSR-initiative in the project finance sector, and the recently published working paper of the Thun Group of Banks adequately address the U.N. Guiding Principles on Business and Human Rights or do they fall behind the ‘Ruggie framework’? Second, is the demand for human rights due diligence sufficient to classify the EPs as a positive and leverage-based concept of CSR (à la Wettstein (...) and Wood) or is this requirement still a feature of a negative and impact-based concept of CSR? In case it is a negative and impact-based concept of CSR, the question comes up which further steps should be taken by financial institutions to fulfill their positive and leverage-based responsibilities. The article argues that positive and leverage-based responsibilities for multinational companies exist – due to the moral nature of human rights and due to the political authority of multinational companies – and that the current (Ruggie-like) requirements for human rights due diligence are not adequate for a positive and leverage-based concept of CSR. Further measures should be taken by multinational companies – and especially (Equator) banks which possess a high leverage-influence over their clients – to not only ensure the respect for human rights, but also the on-the-ground protection and realization of human rights. (shrink)

One domain of corporate responsibility that is receiving considerable attention is whether and to what extent corporations have human rights obligations. The United Nations, through the work of Special Representative to the Secretary-General John Ruggie, has developed a framework seeking to clarify the responsibilities of businesses related to human rights. However, this framework adopts a limited, “do no harm” expectation for corporations that fails to capture the positive role that corporations can play in this social responsibility domain. (...) In this paper we take up the institutional pressures affecting corporations with regard to human rights, summarize some of the critiques of the Ruggie framework, offer moral imagination and stakeholder engagement as complements to this framework’s current approach, and conclude with a dialectical analysis that in time might lead to a new consensus in this area. (shrink)

One domain of corporate responsibility that is receiving considerable attention is whether and to what extent corporations have human rights obligations. The United Nations, through the work of Special Representative to the Secretary-General John Ruggie, has developed a framework seeking to clarify the responsibilities of businesses related to human rights. However, this framework adopts a limited, “do no harm” expectation for corporations that fails to capture the positive role that corporations can play in this social responsibility domain. (...) In this paper we take up the institutional pressures affecting corporations with regard to human rights, summarize some of the critiques of the Ruggie framework, offer moral imagination and stakeholder engagement as complements to this framework’s current approach, and conclude with a dialectical analysis that in time might lead to a new consensus in this area. (shrink)

The United Nations Special Representative on Transnational Corporations and Human Rights, John Ruggie, has adopted a new framework for considering this issue within the international legal system. This article examines this framework in terms of its coherence, its consistency with international human rights law and how it can be 'operationalized' (which is required by the United Nations). In regard to the states legal obligation to protect human rights, it is considered whether this obligation is broader and deeper (...) than is envisaged in the framework, especially if it can include the extra-territorial activities of corporations. The corporate responsibility to respect human rights is examined in terms of its conceptual and definitional problems, and the article also questions whether there will be sufficient legal remedies available to victims under the framework. (shrink)

ABSTRACT:We provide a brief history of the business and human rights discourse and scholarship, and an overview of the articles included in the special issue.

ABSTRACT:We provide a brief history of the business and human rights discourse and scholarship, and an overview of the articles included in the special issue.

This article contextualises current debates over human rights and transnational corporations. More specifically, we begin by first providing the background to John Ruggie's appointment as 'Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises'. Second, we provide a brief discussion of the rise of transnational corporations, and of their growing importance in terms of global governance. Third, we introduce the notion of human rights, and note some difficulties associated therewith. Fourth, (...) we refer to Ruggie's scholarly work on 'embedded liberalism', the 'global public domain' and 'social constructivism'. Following this, we refer to the other five papers contained in this "Journal of Business Ethics" special issue, 'Spheres of Influence/Spheres of Responsibility: Multinational Corporations and Human Rights', and consider some of the potential obstacles to Ruggie's recent suggestion that a 'new consensus' has formed, or is forming, around his 'Protect, Respect and Remedy' framework. We conclude by raising questions regarding the processes of consensus-building around, and the operationalisation of, Ruggie's 'Protect, Respect and Remedy' framework. (shrink)

ABSTRACT:We provide a brief history of the business and human rights discourse and scholarship, and an overview of the articles included in the special issue.

National human rights institutions (NHRIs) are key domestic mechanisms for promotion and protection of human rights. The institutions' broad mandate, competencies, and special status between state and nonstate actors on the one hand, and special status between the national and international levels on the other hand enable them to engage effectively in the field of business and human rights. Since 2009, NHRIs have been engaging with the international human rights system in order to increase understanding and raise awareness of their (...) role in addressing business and human rights issues. As a result, they have contributed to the development of the UN “Protect, Respect and Remedy” Framework and obtained an evolving role within all pillars of the framework and in its implementation. This paper presents how these domestic institutions, bridging the national and international levels, fit into the UN legal regime for corporate responsibility for human rights and what contribution they make to the implementation of the UN Guiding Principles. (shrink)

The ‘Guiding Principles on Business and Human Rights’ (Principles) that provide guidance for the implementation of the United Nations’ ‘Protect, Respect and Remedy’ framework (Framework) will probably succeed in making human rights matters more customary in corporate management procedures. They are likely to contribute to higher levels of accountability and awareness within corporations in respect of the negative impact of business activities on human rights. However, we identify tensions between the idea that the respect of human rights is (...) a perfect moral duty for corporations and the Principle’s ‘human rights due diligence’ requirement. We argue that the effectiveness of the ‘human rights due diligence’ is in many respects dependent upon the moral commitment of corporations. The Principles leave room for an instrumental or strategic implementation of due diligence, which in some cases could result in a depreciation of the fundamental norms they seek to promote. We reveal some limits of pragmatic approaches to coping with business-related human rights abuses. As these limits become more apparent, not only does the case for further progress in international and extraterritorial human rights law become more compelling, but so too does the argument for a more forceful discussion on the moral foundations of human rights duties for corporations. (shrink)

It is no longer a revelation that companies have some responsibility to uphold human rights. However, delineating the boundaries of the relationship between business and human rights is more vexed. What is it that we are asking corporations to assume responsibility for and how far does that responsibility extend? This article focuses on the extent to which economic, social and cultural rights fall within a corporation's sphere of responsibility. It then analyses how corporations may be held accountable for violations of (...) such rights. Specifically, the article considers the use of soft law as a protective mechanism; it also details how victims of harmful corporate behaviour are using litigation (pursuant to ATCA and common law domestic causes of action) to seek redress and recognition of the harms they have directly or indirectly experienced. The article concludes with an analysis of Professor Ruggie's (the United Nations Special Representative on the issue of transnational corporations and human rights) 2008 and 2009 Reports in which it is suggested that a respect-based framework must be interpreted as imposing proactive requirements on companies to prevent the infringement of human rights. Future efforts must also be directed towards the recognition of a specialised complementary corporate responsibility to protect human rights. (shrink)

This paper considers the UN efforts to introduce a legally binding Treaty on corporate accountability for human rights impacts in the context of other proposed legislation at country level, on the one hand, and existing voluntary initiatives like the UN Guiding Principles (2011), on the other. What we are interested in is whether the proposed Treaty signals a transition from voluntary initiatives (based on moral commitments) to law (that is, a focus on compliance), and the extent to which it might (...) stimulate or hinder links between judicial and non-judicial initiatives. The scholars who have explicitly addressed these two divides are – Michael Sandel, on theory v. practice; and Amartya Sen, on law v. morality. We engage with their views, in sections II and III respectively, seeking to build an integrated approach to help us overcome these dualisms. We further consider John Ruggie’s “principled pragmatism”, a strategy that he uses to build the Protect, Respect and Remedy (henceforth, PRR) Framework; and we invoke arguments from casuistry as well as a practice-focused deontology (Thomas Donaldson’s) in favour of an ethics ‘beyond cognition’, which we consider better suited than either utilitarian or principle-based theories to guide the debate on human rights. This is because it allows us to take non-rational factors into account (such as emotions and personal affiliations), when judging the kind of common good we consider worth pursuing. In the last section of the paper, we investigate whether and how might the Treaty illustrate the two divides, trying to (a) distinguish between purely legal elements and those of a wider nature, to do with morality; and (b) understand what might help bridge the gap between theoretical commitments to the universality of human rights and various practical challenges. Our aim is not to evaluate the Treaty, from a legal viewpoint, or suggest improvements to it (lawyers are better placed to do that); rather, we seek to investigate the way in which the proposed Treaty – which is the first attempt to address the challenge of transnational business and human rights in international law – combines moral and legal aspects, and what this tells us about the world we live in. (shrink)

The European Union stands before a constitutional moment. While some deny the need for a constitution and others want a familiar federal form, I argue that one of the main goals of the constitutional convention ought to be to make the European Union more democratic. The central question is: what sort of democracy is suggested by some of the more novel aspects of European integration? This question demands a normative standard by which to evaluate the realization of democracy in transnational (...) polities. Along republican lines, the proper standard is nondomination. With this normative framework in mind, the problem that the constitution has to solve is juridification, or the possibility of legal domination where there is no unified sovereignty. The solution to this problem of legal domination requires that the constitution institute a reflexive legal order best realized in a deliberative federalism appropriate to a polycentric and diverse polity. Finally, the institutions of this federalism ought also to be characterized through their distinctive form of inquiry, which, borrowing from Gerald Ruggie, I call ‘multiperspectival’. In a transnational polity with multiple demoi, such a democracy is best realized through dispersed and plural forms of authority and in a differentiated institutional structure anchored in a reflexive constitution. (shrink)

In 2011 it emerged that to induce the death penalty, United States authorities had begun giving injections of pentobarbital, a substance provided by Danish pharmaceutical company Lundbeck. Lundbeck's product pentobarbital is licensed for treatment of refractory forms of epilepsy and for usage as an anaesthetic, thus for a very different purpose. The Lundbeck case offers a difficult, but also interesting Corporate Social Responsibility (CSR) dilemma between choices facing a pharmaceutical company to stop the distribution of a medical substance in order (...) to avoid complicity in human rights violations, or to retain distribution of the substance in order not to impede access to the medicine for those patients who need it. The dilemma arose at a time when the United Nations (UN) Secretary General's Special Representative on Business and Human Rights, Professor John Ruggie, was finalizing a set of Guiding Principles to operationalize recommendations on business and human rights that he had presented to the UN Human Rights Council in 2008. The article discusses the dilemma in which Lundbeck was placed in from the perspective of the Guiding Principles on business and human rights and the 2008 Protect, Respect, Remedy UN Framework. The analysis seeks to assess what guidance may be gauged from the Guiding Principles in relation to the dilemma at hand and discusses the adequacy the Guiding Principles for dealing with acute human rights dilemmas of conflicting requirements in which a decision to avoid one type of violation risks causing violation of another human right. The article concludes by drawing up perspectives for further development of guidance on implementation of the UN Framework that could be considered by the newly established Working Group on Business and Human Rights and related UN bodies. (shrink)

At the UN, important projects laying down transnational corporations' (TNCs) human rights responsibilities have been launched without ever clarifying the relevant theoretical foundations. One of the consequences is that the human rights principles in projects like the 2000 UN Global Compact and the 2003 Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights can be understood in different ways, which should not cause surprise given that their authors come from diverse backgrounds, including economics (...) and public policy. An examination of these projects and the views of their authors reveals that, although they are superficially linked to international human rights law, they go well beyond it and attempt to deal with corporate social responsibility issues in ways that elude neat classification as fitting neatly in either legal or non-legal categories. Too little attention has been paid to how in the course of developing these projects the legal and ethical dimensions have become entwined and how lines have gotten blurred. Meanwhile, there has been recognition that these UN projects have emerged simply as ad hoc responses to practical concerns about the sustainability of globalization. The lack of any foundational theory or normative framework should be addressed; it is time to bring together specialists from different fields concerned with the human rights responsibilities of corporations to see if it is possible to define a coherent overarching theory for these UN projects. (shrink)

In his recent article "Carnapian Frameworks" (Synthese, 2021), Gabriel Broughton criticizes my discussions of Carnap on ontology and puts forward his own interpretation of what Carnap’s external/internal distinction amounts to. I here first argue that Broughton’s main claims about me are based on a misinterpretation. Then I turn to some issues of broader interest. I argue that Broughton’s own, potentially interesting interpretation of Carnap’s external/internal distinction does not work. And in light of Broughton’s discussion I present a sharpened version of (...) what I have earlier said about Carnap’s this distinction. (shrink)

William James wrote that the life of religion “consists of the belief that there is an unseen order, and that our supreme good lies in harmoniously adjusting ourselves thereto.” Naturalism organizes our experiences of the universe within a science-grounded philosophical and/or religious framework aligning it with what is supremely good for our lives. This article describes a science-grounded specific “Framework of Spirituality” identifying part of this unseen order that opens a “spiritual core” within persons as a source of (...) healing and happiness. A cognitive behavioral therapy (CBT) expanded process shows how experiences of human worth and dignity are keys to this new awareness and provides speculation for a brain function and evolutionary explanation. Details of this knowledge are related to various perspectives and authors of naturalism—scientific, religious, ecstatic, and ecological—to contribute to a future direction for the understanding, development, and further expression of naturalism. (shrink)

The vast literature on negative treatment of outgroups and favoritism toward ingroups provides many local insights but is largely fragmented, lacking an overarching framework that might provide a unified overview and guide conceptual integration. As a result, it remains unclear where different local perspectives conflict, how they may reinforce one another, and where they leave gaps in our knowledge of the phenomena. Our aim is to start constructing a framework to help remedy this situation. We first identify a (...) few key ideas for creating a theoretical roadmap for this complex territory, namely the principles of etiological functionalism and the dual inheritance theory of human evolution. We show how a “molecular” approach to emotions fits into this picture, and use it to illuminate emotions that shape intergroup relations. Finally, we weave the pieces together into the beginnings of a systematic taxonomy of the emotions involved in social interactions, both hostile and friendly. While it is but a start, we have developed the argument in a way that illustrates how the foundational principles of our proposed framework can be extended to accommodate further cases. (shrink)

Several attempts have been made to apply the choice-sensitive theory of distributive justice, luck egalitarianism, in the context of health and healthcare. This article presents a framework for this discussion by highlighting different normative decisions to be made in such an application, some of the objections to which luck egalitarians must provide answers and some of the practical implications associated with applying such an approach in the real world. It is argued that luck egalitarians should address distributions of health (...) rather than healthcare, endorse an integrationist theory that combines health concerns with general distributive concerns and be pluralist in their approach. It further suggests that choice-sensitive policies need not be the result of applying luck egalitarianism in this context. (shrink)

The ethical climate is the perception of health professionals about the work environment, meaning the reflection on care practices and ethical-related decisions. There are extensive studies in the international literature about the ethical climate, but there are still theoretical gaps about it in health services. In this reflection article, the objective was to explore conceptual components about the ethical climate, proposing new elements of analysis of the construct. The starting point was the accumulated knowledge itself, the possibilities for expansion, and (...) the conceptual progress emerging from contributions from studies on nursing ethics. It was understandable that the ethical climate is considered in its procedural model and cyclically, being articulated with organizational elements, as established in the literature, and, expanding the concept, with the worker’s health and the ethical expressiveness at work. Regarding this last contribution, the suggestion is to think about the potential for work to allow, limit, or favor professionals to express their ethical and esthetic values in the most daily decisions and relationships, in care, management, and education. The conceptual framework of this study progressed by addressing the ethical climate as a process articulating several concepts and elements regarding the organizational aspect, ethics, and the workers’ well-being. (shrink)

Ethics guidelines and commentary suggest that a central function of research ethics committees is to assess the scientific merit of the protocols they review. However, some commentators object to this role, and evidence suggests that the assessment of scientific merit is a significant source of confusion and animosity between ethics committees and clinical investigators. In this essay, we argue that ethics committees should assess the scientific value and validity of research protocols and that new decision-making tools are needed to help (...) them do so in a systematic, transparent, and reliable way. We present a novel ethical framework that can assist in this task. (shrink)

A variety of logical frameworks have been developed to study rational agents interacting over time. This paper takes a closer look at one particular interface, between two systems that both address the dynamics of knowledge and information flow. The first is Epistemic Temporal Logic (ETL) which uses linear or branching time models with added epistemic structure induced by agents’ different capabilities for observing events. The second framework is Dynamic Epistemic Logic (DEL) that describes interactive processes in terms of epistemic (...) event models which may occur inside modalities of the language. This paper systematically and rigorously relates the DEL framework with the ETL framework. The precise relationship between DEL and ETL is explored via a new representation theorem characterizing the largest class of ETL models corresponding to DEL protocols in terms of notions of Perfect Recall, No Miracles, and Bisimulation Invariance. We then focus on new issues of completeness. One contribution is an axiomatization for the dynamic logic of public announcements constrained by protocols, which has been an open problem for some years, as it does not fit the usual ‘reduction axiom’ format of DEL. Finally, we provide a number of examples that show how DEL suggests an interesting fine-structure inside ETL. (shrink)

IntroductionFrontline healthcare workers have faced significant plight during the ongoing Coronavirus disease 2019 pandemic. Studies have shown their vulnerabilities to depression, anxiety disorders, post-traumatic stress, and insomnia. In a developing country like India, with a rising caseload, resource limitations, and stigma, the adversities faced by the physicians are more significant. We attempted to hear their “voices” to understand their adversities and conceptualize their resilience framework.MethodsA qualitative approach was used with a constructivist paradigm. After an initial pilot, a socio-demographically heterogeneous (...) population of 172 physicians working in COVID-designated centers were purposively sampled from all over India. Following in-depth virtual interviews using a pre-formed semi-structured guide, the data was transcribed and translated verbatim. The interview was focused on their challenges, needs, and processes of coping and support. Charmaz’s grounded theory was used for analysis supplemented by NVivo 10 software.ResultsFear of infection, uncertainty, stigma, guilt, and social isolation emerged as the main challenges. Simultaneously, their “unmet needs” were flexible work policies, administrative measures for better medical protection, the sensitivity of media toward the image of HCW, effective risk communication for their health, and finally, social inclusion. Their resilience “framework” emerged as a process while navigating these adversities and consisted of three facets: forming a “resilient identity,” managing the resilience, and working through the socio-occupational distress. The role of mental well-being, social network, peer support, problem negotiation, and self-care emerged as the key coping strategies.ConclusionThe study findings support the global call for better psychosocial health and quality of life of the frontline HCWs. Their “unheard voices” explored in the study can anchor subsequent resilience-enhancing interventions and policies. Guidelines focusing on the psychological wellbeing of frontline HCWs need to be grounded in their unmet needs and lived experiences. (shrink)

The idea that «natural» environments should be protected is a relatively recent one. This new attitude is reflected in the activities of preservation and restoration of natural environments, ecosystems, flora and wildlife that, when scientifically based, can be defined as conservation. In this paper, we would like to examine the framework of values behind these activities. More specifically, we would like to show that there is no single specific reason that can justify conservation in each of its manifestations It (...) is therefore necessary to adopt a complex framework of values, which must be composed carefully, since many of the canonical arguments used to justify conservation provide, when combined together, an incoherent or, at least, incomplete set of reasons. One way to avoid these inconsistencies or incompleteness is, in our view, to adopt, in conjunction with the classic economic and ecological arguments for conservation, a set of arguments appealing to the importance of nature for human flourishing. (shrink)

Legal structures may form barriers to, or enablers of, adoption of precision agriculture management with small autonomous agricultural robots. This article develops a conceptual regulatory framework for small autonomous agricultural robots, from a practical, self-contained engineering guide perspective, sufficient to get working research and commercial agricultural roboticists quickly and easily up and running within the law. The article examines the liability framework, or rather lack of it, for agricultural robotics in EU, and their transpositions to UK law, as (...) a case study illustrating general international legal concepts and issues. It examines how the law may provide mitigating effects on the liability regime, and how contracts can be developed between agents within it to enable smooth operation. It covers other legal aspects of operation such as the use of shared communications resources and privacy in the reuse of robot-collected data. Where there are some grey areas in current law, it argues that new proposals could be developed to reform these to promote further innovation and investment in agricultural robots. (shrink)

Diagnostic frameworks are essential to many scientific and technological activities and clinical practice. This study examines the main fundamental aspects of such frameworks. The three components required for all diagnoses are identified and examined, i.e. their normative dimension, temporal nature and structure, and teleological perspective.The normative dimension of a diagnosis is based on (1) epistemic values when associated with Hempel's inductive risk concerning the balance between false‐positive and false‐negative outcomes, leading to probabilistic judgements; and (2) non‐epistemic values when related to (...) ideas such as well‐being, normality, illness, etc, as idealized norms or ideal points of reference.It should be noted that medical diagnoses match the three necessary components, while some essential diagnostic frameworks – the taxonomies of Gordon and NANDA – in nursing lack some components. The main lack is normative as the most popular frameworks in nursing diagnosis seem to be descriptions of observed reality rather than normative and value‐based judgements in which both epistemic and non‐epistemic values may coexist. (shrink)

A close examination of the literature on ontology may strike one with roughly two distinct senses of this word. According to the first of them, which we shall call traditional ontology , ontology is characterized as the a priori study of various “ontological categories”. In a second sense, which may be called naturalized ontology , ontology relies on our best scientific theories and from them it tries to derive the ultimate furniture of the world. From a methodological point of view (...) these two senses of ontology are very far away. Here, we discuss a possible relationship between these senses and argue that they may be made compatible and complement each other. We also examine how logic, understood as a linguistic device dealing with the conceptual framework of a theory and its basic inference patterns must be taken into account in this kind of study. The idea guiding our proposal may be put as follows: naturalized ontology checks for the applicability of the ontological categories proposed by traditional ontology and give substantial feedback for it. The adequate expression of some of the resulting ontological frameworks may require a different logic. We conclude with a discussion of the case of orthodox quantum mechanics, arguing that this theory exemplifies the kind of relationship between the two senses of ontology. We also argue that the view proposed here may throw some light in ontological questions concerning this theory. (shrink)

This English translation of the author's original work has been thoroughly revised, expanded and updated. The book covers logical systems known as type-free or self-referential . These traditionally arise from any discussion on logical and semantical paradoxes. This particular volume, however, is not concerned with paradoxes but with the investigation of type-free sytems to show that: (i) there are rich theories of self-application, involving both operations and truth which can serve as foundations for property theory and formal semantics; (ii) these (...) theories provide a new outlook on classical topics, such as inductive definitions and predicative mathematics; (iii) they are particularly promising with regard to applications. Research arising from paradoxes has moved progressively closer to the mainstream of mathematical logic and has become much more prominent in the last twenty years. A number of significant developments, techniques and results have been discovered. Academics, students and researchers will find that the book contains a thorough overview of all relevant research in this field. (shrink)

Proponents of public reason views hold that the exercise of political power ought to be acceptable to all reasonable citizens. This article elucidates the common structure shared by all public reason views, first by identifying a set of questions that all such views must answer and, second, by showing that the answers to these questions stand in a particular relationship to each other. In particular, we show that what we call the ‘rationale question’ is fundamental. This fact, and the common (...) structure more generally, are often overlooked or distorted within the literature. As a result, we argue, several prominent argumentative moves made by both critics and defenders of public reason are unsuccessful. Our overall conclusion is that discussions of public reason views would be more fruitful if they made consistent use of the common structure we identify. (shrink)

A number of ethical frameworks have been proposed to support decision-making in public health and the evaluation of public health policy and practice. This is encouraging, since ethical considerations are of paramount importance in health policy. However, these frameworks have various deficiencies, in part because they incorporate substantial ethical positions. In this article, we discuss and criticise a framework developed by James Childress and Ruth Bernheim, which we consider to be the state of the art in the field. Their (...) framework distinguishes aims, such as the promotion of public health, from constraints on the pursuit of those aims, such as the requirement to avoid limitations to liberty, or the requirement to be impartial. We show how this structure creates both theoretical and practical problems. We then go on to present and defend a more practical framework, one that is neutral in avoiding precommitment to particular values and how they ought to be weighted. We believe ethics is at the very heart of such weightings and our framework is developed to reflect this belief. It is therefore both pluralist and value-based. We compare our new framework to Childress and Bernheim’s and outline its advantages. It is justified by its impetus to consider a wide range of alternatives and its tendency to direct decisions towards the best alternatives, as well as by the information provided by the ranking of alternatives and transparent explication of the judgements that motivate this ranking. The new framework presented should be useful to decision-makers in public health, as well as being a means to stimulate further reflection on the role of ethics in public health. (shrink)

Carnap’s seminal ‘Empiricism, Semantics and Ontology’ makes important use of the notion of a framework and the related distinction between internal and external questions. But what exactly is a framework? And what role does the internal/external distinction play in Carnap’s metaontology? In an influential series of papers, Matti Eklund has recently defended a bracingly straightforward interpretation: A Carnapian framework, Eklund says, is just a natural language. To ask an internal question, then, is just to ask a question (...) in, say, English. To try to ask an external question is to try, absurdly, to ask a question in no language at all. Finding that so trivial an I/e distinction can’t help to explain Carnap’s deflationary metaontology, Eklund is led to attribute to Carnap a view he calls ontological pluralism. In this paper, I show that Eklund misreads Carnap, and I argue that this misreading obscures fundamental features of Carnap’s philosophy. I then defend an account of frameworks as what Carnap called semantical systems, and I place this account in the context of Carnap’s philosophical program of explication. Finally, I discuss the role that frameworks and the I/e distinction play in ESO, showing that ESO provides no reason to attribute the doctrine of ontological pluralism to Carnap. (shrink)

We present a general framework for analyzing the contribution to reproductive success of a behavioural action. An action may make a direct contribution to reproductive success, but even in the absence of a direct contribution it may make an indirect contribution by changing the animal's state. We consider actions over a period of time, and define a reward function that characterizes the relationship between the animal's state at the end of the period and its future reproductive success. Working back (...) from the end of the period using dynamic programming, the optimal action as a function of state and time can be found. The procedure also yields a measure of the cost, in terms of future reproductive success, of a suboptimal action. These costs provide us with a common currency for comparing activities such as eating and drinking, or eating and hiding from predators. The costs also give an indication of the robustness of the conclusions that can be drawn from a model. We review how our framework can be used to analyze optimal foraging decisions in a stochastic environment. We also discuss the modelling of optimal daily routines and provide an illustration based on singing to attract a mate. We use the model to investigate the features that can produce a dawn song burst in birds. State is defined very broadly so that it includes the information an animal has about its environment. Thus, exploration and learning can be included within the framework. (shrink)

The past can be a stubborn subject: it is complex, heterogeneous and opaque. To understand it, one must decide which aspects of the past to emphasise and which to minimise. Enter frameworks. Frameworks foreground certain aspects of the historical record while backgrounding others. As such, they are both necessary for, and conducive to, good history as well as good philosophy. We examine the role of frameworks in the history and philosophy of science and argue that they are necessary for both (...) forms of enquiry. We then suggest that the right attitude towards frameworks is pluralism rather than monism: there is no single correct framework to be applied to a given scientific episode. Rather, a multitude of different frameworks are more or less appropriate given various contexts and aims. From this perspective, good frameworks generate and further, rather than frustrate, historical and philosophical enquiry. Our view sheds light on historical disagreement, and on the relationship between philosophy and history of science. (shrink)

Over the centuries, magicians have developed extensive knowledge about the manipulation of the human mind—knowledge that has been largely ignored by psychology. It has recently been argued that this knowledge could help improve our understanding of human cognition and consciousness. But how might this be done? And how much could it ultimately contribute to the exploration of the human mind? We propose here a framework outlining how knowledge about magic can be used to help us understand the human mind. (...) Various approaches—both old and new—are surveyed, in terms of four different levels. The first focuses on the methods in magic, using these to suggest new approaches to existing issues in psychology. The second focuses on the effects that magic can produce, such as the sense of wonder induced by seeing an apparently impossible event. Third is the consideration of magic tricks—methods and effects together—as phenomena of scientific interest in their own right. Finally, there is the organization of knowledge about magic into an informative whole, including the possibility of a science centered around the experience of wonder. (shrink)

Humans are unique in the animal world in the extent to which their day-to-day behavior is governed by a complex set of rules and principles commonly called norms. Norms delimit the bounds of proper behavior in a host of domains, providing an invisible web of normative structure embracing virtually all aspects of social life. People also find many norms to be deeply meaningful. Norms give rise to powerful subjective feelings that, in the view of many, are an important part of (...) what it is to be a human agent. Despite the vital role of norms in human lives and human behavior, and the central role they play in explanations in the social sciences, there has been very little systematic attention devoted to norms in cognitive science. Much existing research is partial and piecemeal, making it difficult to know how individual findings cohere into a comprehensive picture. Our goal in this essay is to offer an account of the psychological mechanisms and processes underlying norms that integrates what is known and can serve as a framework for future research. (shrink)