In 1988 I began a report on the accuracy of expert testimony in child sexual abuse cases utilizing Ralph Underwager and Hollida Wakefield as a case study (Wakefield & Underwager, 1988). In response, Underwager and Wakefield began a campaign of harassment and intimidation, which included multiple lawsuits; an ethics charge; phony (and secretly taped) phone calls; and ad hominem attacks, including one that I was laundering federal grant monies. The harassment and intimidation failed as the author refused demands to retract. (...) In addition, the lawsuits and ethics charges were dismissed. Lessons learned from the experience are discussed. (shrink)
As Post (1996) observes, accounting firms are unique among multinationals. They are more likely than firms in almost any other category to go abroad. They also have less choice in location as their expansion is determined largely by the desired locations of their clients (Anderson and Gatignon, 1986). Given the widespread global presence of such firms, it can be argued that the global audit firm is uniquely at risk from variations in ethical perceptions across nations. This study extends the (...) U.S. accounting literature on determinants of cheating among accounting students to the U.K. Based on the work of Cohen et al. (1993) it develops a model that suggests that students in lower "uncertainty avoidance" countries will be both less likely to cheat, and when they do cheat, will be driven by internal rather than external mode. Our results supported the model as proposed as our results indicated that U.S. students were more likely to cheat and were more responsive to external stimuli than were the U.K. students. (shrink)
Carl Schmitt, an increasingly influential German law professor, developed a provocative and historically oriented model of “political theology” with specific relevance to legal scholarship and the authorship of constitutional texts. His “political theology” is best understood neither as an expressly theological discourse within constitutional law, nor as a uniquely legal discourse shaped by a hidden theological agenda. Instead, it addresses the possibility of the continual resurfacing of theological ideas and beliefs within legal discourses of, for instance, sovereignty, the force of (...) law and states of emergency (or “exception”) that present themselves as relentlessly secular, even—in the case of Kelsenian jurisprudence—”scientific”. This article illustrates and then critically evaluates Schmitt’s theory in terms of the authorship of constitutional texts in particular. It includes two case studies—genocidal colonial land appropriation and Kelsenian positivism in order to illustrate aspects of his political theology. Whilst Schmitt is defended against reductionist interpretations, I show that there remains considerable unfinished business before a Schmittian approach to legal theory merits full acceptance. (shrink)
This paper considers the question of whether journalism can be considered to be a social practice. After considering some of the goods of journalism the paper moves to investigate how external goods can corrupt the practice and make it somewhat ineffective. The paper therefore looks to consider ways in which the goods claimed have been better served in ‘radical’ journalism. Bristol Independent Media Centre is then evaluated as an example of an active project in which the goods of community are (...) pursued through an inclusive form of participatory journalism. (shrink)
In this paper we suggest a revisionist perspective on two significant figures in early modern life science and philosophy: William Harvey and John Locke. Harvey, the discoverer of the circulation of the blood, is often named as one of the rare representatives of the ‘life sciences’ who was a major figure in the Scientific Revolution. While this status itself is problematic, we would like to call attention to a different kind of problem: Harvey dislikes abstraction and controlled experiments (aside from (...) the ligature experiment in De Motu Cordis), tends to dismiss the value of instruments such as the microscope, and emphasizes instead the privileged status of ‘observed experience’. To use a contemporary term, Harvey appears to rely on, and chiefly value, ‘tacit knowledge’. Secondly, Locke’s project is often explained with reference to the image he uses in the Epistle to the Reader of his Essay, that he was an “underlabourer” of the sciences. In fact, despite the significant medical phase of his career, Locke’s ‘empiricism’ turns out to be above all a practical (i.e. ‘moral’) project, which focuses on the delimitation of our powers in order to achieve happiness, and rejects the possibility of naturalizing knowledge. When combined, these two cases suggest a different view of some canonical moments in early modern natural philosophy. (shrink)
Hume’s theory of justice is commonly regarded by contemporary theorists of justice as a theory of justice as mutual advantage. It is thus widely thought to manifest all the unattractive features of such theories: in particular, it is thought to endorse the exclusion of people with serious mental or physical disabilities from the scope and protection of justice and to justify the European expropriation of the lands of defenceless aboriginal people. I argue that this reading of Hume is mistaken. Mutual (...) advantage is only part of Hume’s theory, the part that explains the origins of the institutions of justice in a general sense (property and promise keeping), and it is bracketed off from those parts of Hume’s theory that explain who is included within the scope of justice, how much each receives, and why and to whom we have a duty to be just. The interpretation of Hume’s theory as a theory of justice as mutual advantage not only fails to convey Hume’s complex purposes, but it portrays Hume’s theory of justice as the kind of theory he was most concerned to refute. (shrink)
In a contribution to this journal Amos Witzum has challenged a common interpretation of Adam Smith's theory of justice, according to which Smith ‘employed a concept of justice – in the tradition of natural laws theories – whereby rights are related to guarding what is one's own rather than to what is one's due’ (Witzum, 1997, p. 242). Witzum claims that not only does Smith's conception of justice include one's due, and hence, distributional considerations, but the right to one's own (...) ‘stems from the right to what is one's due’ (p. 244). Furthermore, he asserts that ‘as all members of society own their natural faculties, which presumably were given to them to enable them to survive, the fruits of their labour up to subsistence level belong to them by virtue of their ownership of their own faculties’ (p. 259). This leads him to the conclusion that property acquisition gives rise to a duty, on the part of property holders, to ‘distribute subsistence’ and that when wages fall below the subsistence level, the rights of workers have been violated ‘in exactly the same sense that taking an acquired asset away from its owner constitutes a violation of justice’ (p. 244). (shrink)
This article addresses, from a Frankfurt School perspective on law identified with Franz Neumann and more recently Habermas, the attack upon the principles of war criminality formulated at the Nuremberg trials by the increasingly influential legal and political theory of Carl Schmitt. It also considers the contradictions within certain of the defence arguments that Schmitt himself resorted to when interrogated as a possible war crimes defendant at Nuremberg. The overall argument is that a distinctly internal, or “immanent”, form of critique (...) is required of Schmitt's position, in which its is found wanting even on its own terms. In principle, the application of this dialectical mode of critique can allow a genuine debate to emerge between those seeking to continue both the Schmittian and critical theory traditions, whilst safeguarding the latter from the dangers of formulating polemical interventions that are, in effect, counterproductive to their own intentions. (shrink)
Introduction : up against Carl Schmitt -- An afterlife for Carl Schmitt? -- On politics, law and ideology -- Mobilising direct political action: Sorel, myths and counter-myths -- Myths of parliamentarism -- Leviathan : a political myth misfired? -- Hamlet as an instructive prototype of a political myth? -- Political myths underpinning democracy.
Hegel's legacy is particularly controversial, not least in legal theory. He has been classified as a proponent of either natural law, legal positivism, the historical school, pre-Marxism, postmodern critical theory, and even transcendental legal theory. To what degree has Hegel actually influenced contemporary legal theorists? This review article looks at Michael Salter's collection Hegel and Law. I look at articles on civil disobedience, contract law, feminism, and punishment. I conclude noting similarities between Hegel's legal theory and that of Ronald Dworkin. (...) I also criticize the volume's emphasis on Hegel's postmodern credentials, all of which I doubt. (shrink)
We have learned that the issues we raised are very difficult to think about clearly, and what "works" for one thinker falls flat for another, and leads yet another astray. So it is particularly useful to get these re-expressions of points we have tried to make. Both commentaries help by proposing further details for the Multiple Drafts Model, and asking good questions. They either directly clarify, or force us to clarify, our own account. They also both demonstrate how hard it (...) is for even sympathetic commentators always to avoid the very habits of thought the Multiple Drafts Model was designed to combat. While acknowledging and expanding on their positive contributions, we must sound a few relatively minor alarms. (shrink)
Ethical mysticism, by S. Coit.--The ethical import of history, by D. S. Muzzey.--The tragic and heroic in life, by W. M. Salter.--Distinctive features of the ethical movement, by A. W. Martin.--Ethical experience as the basis of religious education, by H. Neumann.--"All men are created equal," by G. E. O'Dell.--How far is art an aid to religion? by P. Chubb.--Evolution and the uniqueness of man, by H. J. Bridges.--The spiritual outlook on life, by H. J. Golding.--The ethics of Abu'l Ala al (...) Ma'arri, by N. Schmidt.--Life's unused moral force, by H. Snell.--Is the ideal real? by G. A. Smith.--Some ethical tendencies in the professions, by R. D. Kohn.--On the art of living, by W. Boerner.--The relation of the ethical ideal to social reform, by J. L. Elliott.--Concerning tolerance, by R. F. Dewey.--Ethical culture in Germany after the war, by R. Penzig.--A confession of faith, by S. B. Weston.--"Hearing the witnesses," by J. Gutmann. (shrink)
