Does private regulation of workers’ rights in global value chains improve working conditions on the factory floor? Drawing on one of the first systematic longitudinal studies of supplier compliance with multinational corporation (MNC) codes of conduct, this paper finds—in contrast to previous research—substantial improvements over time. While in 2004, the four examined Chinese toy suppliers violated most of the evaluated code of conduct criteria and consciously decoupled the code of conduct policy from actual practices, by 2009 they had recoupled policy (...) and practice and complied with nearly all examined criteria (except working hours). The paper contributes to the private regulation literature by challenging previous research claims, identifying factors that could make private regulation effective, and outlining a research method for empirically studying the effects of codes of conduct over time. The paper also contributes to new institutional theory by discussing how recoupling could be influenced by two factors not identified in previous research: (i) trusting relationships between the organization and the stakeholder exerting pressure and (ii) factors unrelated to main external pressures leading to “accidental” recoupling. (shrink)

Codes of conduct are the main tools to privately regulate worker rights in global value chains. Scholars have shown that while codes may improve outcome standards (such as occupational health and safety), they have had limited impact on process rights (such as freedom of association and collective bargaining). Scholars have, though, only provided vague or general explanations for this empirical finding. We address this shortcoming by providing a holistic and detailed explanation, and argue that codes, in their current form, have (...) limited impact on trade union rights due to (i) buyers paying lip service to trade union rights, (ii) workers being treated as passive objects of regulation in codes of conduct, (iii) auditing being unable to detect and remediate violations of trade union rights, (iv) codes emphasizing parallel means of organizing, (v) suppliers having limited incentives for compliance, and (vi) codes being unable to open up space for union organizing when leveraged in grassroots struggles. Our arguments suggest that there is no quick fix for codes’ limited impact on trade union rights, and that codes, in their current form, have limited potential to improve trade union rights. We conclude by discussing ways in which codes of conduct, and private regulation of worker rights more generally, could be transformed to more effectively address trade union rights. (shrink)

Stakeholder theory is one of the most influential theories in business ethics. It is perhaps not surprising that a theory as popular as stakeholder theory should be used in different ways, but when the disparity between different uses becomes too great, it is questionable whether all the ‘stakeholder research’ refers to the same underlying theory. This paper starts to clarify this definitional confusion by distinguishing between three different ways in which different lines of stakeholder research are connected with descriptive and (...) instrumental stakeholder theory. First, a distinction is made between research connected with descriptive and with instrumental stakeholder theory as defined by Donaldson & Preston in the narrow or broad sense. Second, a distinction is made between research that interprets descriptive and instrumental stakeholder theories as either hypotheses or research areas. Third, a distinction is made between research that interprets Donaldson & Preston’s central concept of ‘stakeholder management’ as either behaviour or rationale. Finally, the paper discusses the implications of these differences for empirical research into stakeholder theory. (shrink)

Despite increased academic and practitioner interest in codes of conduct, there has been little research into the actual compliance of suppliers in developing countries with the codes of conduct of multinational corporations. This paper addresses this lack by analysing Chinese suppliers' level of compliance with Swedish toy retailers' codes of conduct. Based on unannounced and unofficial interviews with employees of Chinese suppliers, the study shows that all of the nine studied suppliers breached some of the standards in the toy retailers' (...) codes, with over two-thirds of the suppliers not complying with the majority of the studied standards. While there are different explanations of this lack of compliance, the main explanation seems to be that Chinese suppliers successfully deceive toy retailers' monitoring organisations by decoupling the formal monitored part of their organisation from the actual operational part of their organisation. The paper concludes with a discussion of how to increase compliance with MNCs' codes of conduct. (shrink)

In the current era, governments are playing smaller roles in regulating workers’ rights internationally, and transnational corporations (TNCs), non-governmental organisations (NGOs) involved in the struggle for workers’ rights, and labour/trade unions have started to fill this governance gap. This paper focuses on the least researched of the relationships among these three actors, the union–NGO relationship, by analysing the ways in which it affects definitions of TNC responsibility for workers’ rights at their suppliers’ factories. Based on a qualitative study of the (...) union–NGO relationship in the Swedish garment industry between 1996 and 2005, we propose that there are six main configurations of union–NGO relationships. By linking these configurations to their effects on TNC responsibility, we propose that co-ordination relationships between unions and NGOs, particularly high-commitment co-ordination relationships, are likely to result in a broadening of the definition of TNC responsibility, while conflictual relationships, both high and low commitment, result in a narrowing of the definition of TNC responsibility. The study indicates that co-operation is generally more beneficial for both unions and NGOs than is any form of conflictual relationship, in terms of broadening the definition of TNC responsibility. (shrink)

Anti-sweatshop activists have turned global production networks into contested organizational fields. Although this contest has triggered the growth of an extensive literature on contested GPNs, the scholarly conversation is still limited in two important ways: First, it ignores or dismisses the role of small and medium-sized enterprises in GPNs and, second, it assumes that firms are driven solely by rational profit-maximizing motives. Based on a study of a Swedish SME’s payment of living wages at its Indian supplier, this article addresses (...) these limitations by demonstrating how SMEs’ peculiarities allow them to assume a distinct role in contested GPNs. Furthermore, this article contributes to the scholarly conversation about living wages by providing a much-needed move beyond conceptual discussions into empirical studies of the underlying trade-offs of paying living wages. (shrink)

Following the offshoring of production to developing countries by transnational corporations, unions and non-governmental organisations have criticised working conditions at TNCs' offshore factories. This has led to the emergence of two different approaches to operationalising TNC responsibilities for workers' rights in developing countries: codes of conduct and global agreements. Despite the importance of this development, few studies have systematically compared the effects of these two different ways of dealing with workers' rights. This article addresses this gap by analysing how codes (...) of conduct and global agreements both independently and interactively affect workers' rights. We do this based on a qualitative study of the Sri Lankan operations of a Swedish TNC in Sri Lanka, and on interviews with union and NGO representatives actively involved in codes of conduct and global agreements. Our results indicate that global agreements independently address all the aspects included in codes of conduct, while also addressing additional, more process-oriented aspects of workers' rights. Hence, on their own, global agreements seem to comprise the superior approach to promoting workers' rights. Furthermore, our results indicate that promoting codes of conduct has negative interactive effects on global agreements. Based on these results, we argue that the current focus on codes of conduct is counterproductive for the promotion of workers' rights. (shrink)

While cross-sectoral partnerships are frequently presented as a way to achieve sustainable development, some corporations that first tried using the strategy are now changing direction. Growing tired of what are, in their eyes, inefficient and unproductive cross-sectoral partnerships, firms are starting to form post-cross-sectoral partnerships (‚post-partnerships’) open exclusively to corporations. This paper examines one such post-partnership project, the Business Social Compliance Initiative (BSCI), to analyse the possibility of post-partnerships establishing stable definitions of ‚corporate responsibility’. We do this by creating a (...) theoretical framework based on actor-network theory (ANT) and institutional theory. Using this framework, we show that post-partnerships suffer from the paradox of striving to marginalise those stakeholders whose support they need␣for establishing stable definitions of ‚corporate responsibility’. We conclude by discussing whether or not post-partnership strategies, despite this paradox, can be expected to establish stable definitions of ‚corporate responsibility’. (shrink)

Conflicts between labor unions and nongovernmental organizations often impede private labor regulatory attempts to protect worker rights at supplier factories. Based on a study of a failed private regulatory attempt for Swedish garment retailers, we contribute to existing research into union–NGO relations by demonstrating how conflict arises because unions and NGOs act upon different institutional logics. We also contribute to the institutional logics perspective by challenging the current emphasis on either coexistence or conflict among multiple logics, and showing the heterogeneity (...) in how multiple logics manifest on a local level, how this could shift over time, and suggesting an empirically derived typology of manifestations of multiple logics. (shrink)

To address substandard working conditions in global value chains, companies have adopted private regulatory systems governing worker rights. Scholars agree that without onsite factory audits, this private regulation has limited impact at the point of production. Companies, however, audit only a subset of their suppliers, severely restricting their private regulatory attempts. Despite the significance of the placement of suppliers inside or outside firms’ “responsibility boundaries” and despite scholars’ having called for more research into how firms prioritize what suppliers to audit, (...) few, if any, systematic studies have examined the topic. This is problematic, as the placement of firms’ responsibility boundaries determines what suppliers and workers are included in firms’ private regulatory attempts. Based on a study of 12 Swedish firms and the theory of moral disengagement, this paper starts to fill this research gap by exploring how firms’ responsibility boundaries are placed. The paper illustrates how firms’ responsibility boundary placement is best described as a patchwork with firms defining and delimiting their responsibilities differently. The paper also demonstrates that three supplier types are particularly likely to be placed inside firms’ responsibility boundaries, while a fourth type is likely be placed outside. (shrink)

Over the past decade, discussion has flourished among practitioners and academics regarding workers’ rights in developing countries. The lack of enforcement of national labour laws and the limited protection of workers’ rights in developing countries have led workers’ rights representatives to attempt to establish transnational industrial relations systems to complement existing national systems. In practice, these attempts have mainly been operationalised in unilateral codes of conduct; recently, however, negotiated international framework agreements (IFAs) have been proposed as an alternative. Despite their (...) growing importance, few studies have empirically studied IFAs. This paper starts to fill this gap by studying why corporations adopt IFAs, based on a qualitative study of the process leading to the signing of a recent IFA. The study’s findings complement existing research into why corporations adopt IFAs, codes of conduct, and CSR policies by demonstrating that corporate motives can be linked to a desire to retain a trusting relationship with the labour union movement. In addition, the findings indicate that the discrete campaign model of stakeholder pressure dominant in previous research should be complemented by a continuous bargaining model of stakeholder pressure. The paper concludes by discussing differences between these conceptual models of stakeholder pressure and avenues for future research. (shrink)

The protection of workers' rights is at the heart of the ongoing debate on business ethics. In balancing transnational corporations' (TNCs) influence in private regulatory systems intended to protect workers' rights in emerging economies, several authors have emphasized the importance of cooperative relationships between unions and NGOs. In practice, however, conflict has often entered into union-NGO relations, weakening the protection of workers' rights. We argue that cooperative union-NGO relationships are difficult to form in part because of the differences existing between (...) how unions and NGOs organize. More specifically, based on two qualitative studies, we demonstrate that the problems stem from differences in organizing related to (i) identity construction, (ii) governance systems, and (iii) resources. The article concludes with a discussion on the possibility of successful union-NGO cooperation and improved protection of workers' rights in emerging economies. (shrink)

Despite increased academic and practitioner interest in codes of conduct, there has been little research into the actual compliance of suppliers in developing countries with the codes of conduct of multinational corporations (MNCs). This paper addresses this lack by analysing Chinese suppliers’ level of compliance with Swedish toy retailers’ codes of conduct. Based on unannounced and unofficial interviews with employees of Chinese suppliers, the study shows that all of the nine studied suppliers breached some of the standards in the toy (...) retailers’ codes, with over two-thirds of the suppliers not complying with the majority of the studied standards. While there are different explanations of this lack of compliance, the main explanation seems to be that Chinese suppliers successfully deceive toy retailers’ monitoring organisations by decoupling the formal monitored part of their organisation from the actual operational part of their organisation. The paper concludes with a discussion of how to increase compliance with MNCs’ codes of conduct. (shrink)

In twentieth century Europe and the USA, industrial relations, labour, and workers' rights issues have been handled through collective bargaining and industrial agreements between firms and unions, with varying degrees of government intervention from country to country. This industrial relations landscape is currently undergoing fundamental change with the emergence of transnational industrial relations systems that complement existing national industrial relations systems. Despite the significance of this ongoing change, existing research has only started to explore the implications of this change for (...) how workers' rights are governed around the globe. This paper addresses this gap by outlining an agenda for future research into the transnational governance of workers' rights. Fulfilling such a research agenda would be both challenging, as it requires combining the so far divergent industrial relations and business ethics research streams, and rewarding, as it provides ample scope for promising future research. (shrink)

Local supplier corporate social responsibility in developing countries represents a powerful tool to improve labour conditions. This paper pursues an inter-organizational network approach to the global value chain literature to understand the influence of suppliers’ collective behaviour on their CSR engagement. This exploratory study of 30 export-oriented and first-tier apparel suppliers in Bangladesh, a developing country, makes three relevant contributions to GVC scholarship. First, we show that suppliers are interlinked in a horizontal network that restricts unilateral CSR engagement. This is (...) justified in that unilateral CSR engagement is a source of heterogeneity in labour practices; consequently, it triggers worker unrest. Second, we present and discuss an exploratory framework based on four scenarios of how suppliers currently engage in CSR given their network’s pressure toward collective behaviour: unofficial CSR engagement, geographic isolation, size and competitive differentiation, and external pressure. Finally, we show the need to spread CSR homogeneously among suppliers and to reconceptualize the meaning of CSR in developing countries, encouraging more scrutiny toward horizontal dynamics. (shrink)

Following the offshoring of production to developing countries by transnational corporations (TNCs), unions and non-governmental organisations (NGOs) have criticised working conditions at TNCs' offshore factories. This has led to the emergence of two different approaches to operationalising TNC responsibilities for workers' rights in developing countries: codes of conduct and global agreements. Despite the importance of this development, few studies have systematically compared the effects of these two different ways of dealing with workers' rights. This article addresses this gap by analysing (...) how codes of conduct and global agreements both independently and interactively affect workers' rights. We do this based on a qualitative study of the Sri Lankan operations of a Swedish TNC in Sri Lanka, and on interviews with union and NGO representatives actively involved in codes of conduct and global agreements. Our results indicate that global agreements independently address all the aspects included in codes of conduct, while also addressing additional, more process-oriented aspects of workers' rights. Hence, on their own, global agreements seem to comprise the superior approach to promoting workers' rights. Furthermore, our results indicate that promoting codes of conduct has negative interactive effects on global agreements. Based on these results, we argue that the current focus on codes of conduct is counterproductive for the promotion of workers' rights. (shrink)

In twentieth century Europe and the USA, industrial relations, labour, and workers’ rights issues have been handled through collective bargaining and industrial agreements between firms and unions, with varying degrees of government intervention from country to country. This industrial relations landscape is currently undergoing fundamental change with the emergence of transnational industrial relations systems that complement existing national industrial relations systems. Despite the significance of this ongoing change, existing research has only started to explore the implications of this change for (...) how workers’ rights are governed around the globe. This paper addresses this gap by outlining an agenda for future research into the transnational governance of workers’ rights. Fulfilling such a research agenda would be both challenging, as it requires combining the so far divergent industrial relations and business ethics research streams, and rewarding, as it provides ample scope for promising future research. (shrink)

This paper develops an empirically grounded, processual view of corporate social performance (CSP) by analyzing how internal organizational processes affect a firm’s social performance. Based on two case studies, we argue that changes in a firm’s social performance are triggered by continuously reoccurring instances of poor fit between the firm’s routines and its institutional environment. We propose that reactive change processes, initiated by stakeholder critique threatening the organization’s legitimacy, will result in isomorphic type of social performance changes. In comparison, proactive (...) change processes, initiated by slack resources, are more likely to result in nonisomorphic type of social performance changes. Furthermore, we propose that top-down driven processes will result in structural social performance changes in the direction of internationally influential stakeholders’ demands, while bottom-up driven processes will result in output social performance changes in the direction of locally influential stakeholders’ demands. (shrink)

This article is the guest editors’ introduction to the special issue in Business & Society on “SMEs and CSR in Developing Countries.” The special issue includes four original research articles by Hamann, Smith, Tashman, and Marshall; Allet; Egels-Zandén; and Puppim de Oliveira and Jabbour on various aspects of the relationship of small and medium enterprises to corporate social responsibility in developing countries.

Massimiliano Tomba’s Insurgent Universality traces a global history of revolutionary institution-building as ‘theory in action’, pushing radical democracy beyond an ontology of the political. This contribution aims to clarify the place of ‘insurgent institutions’ in Tomba’s work and suggests that an unresolved tension persists between insurgent universality as popular institutions on the one hand, and as a negative dis-ordering on the other. Exploring the promise and limitations of ‘insurgent institutions’ in light of their durability, its first part reads Insurgent Universality (...) alongside Santi Romano, the legal pluralist whose concept of the institution Tomba adopts. Secondly, the article turns to Hannah Arendt’s understanding of authority and Miguel Abensour’s discussion of ‘insurgent institutions’ as two potentially helpful accounts of democratic practice within durational time. Where Tomba remains focused on constellations between moments of rupture, Arendt and Abensour offer a politically generative understanding of durability specific to radical-democratic institutions. (shrink)

AimsTo examine attitudes towards physician-assisted suicide (PAS) among physicians in Sweden and compare these with the results from a similar cross-sectional study performed in 2007.ParticipantsA random selection of 250 physicians from each of six specialties (general practice, geriatrics, internal medicine, oncology, surgery and psychiatry) and all 127 palliative care physicians in Sweden were invited to participate in this study.SettingA postal questionnaire commissioned by the Swedish Medical Society in collaboration with Karolinska Institute in Stockholm. ResultsThe total response rate was 59.2%. Slightly (...) fewer than half [47.1% (95% CI 43.7–50.5)] of the respondents from the six specialties accepted PAS, which is significantly more than accepted PAS in the 2007 study [34.9% (95% CI 31.5–38.3)]. Thirty-three percent of respondents were prepared to prescribe the needed drugs. When asked what would happen to the respondent’s own trust in healthcare, a majority [67.1% (95% CI 63.9–70.3)] stated that legalizing PAS would either not influence their own trust in healthcare, or that their trust would increase. This number is an increase compared to the 2007 survey, when just over half [51.9% (95% CI 48.0–55.2)] indicated that their own trust would either not be influenced, or would increase.ConclusionsThe study reveals a shift towards a more accepting attitude concerning PAS among physicians in Sweden. Only a minority of the respondents stated that they were against PAS, and a considerable proportion reported being prepared to prescribe the needed drugs for patient self-administration if PAS were legalized. (shrink)

Name der Zeitschrift: Nordic Wittgenstein Review Jahrgang: 2 Heft: 1 Seiten: 131-160.

Landscape, Religion, and the Supernatural presents a summa of current and classic theorizing on religion and the supernatural in relationship to the land and develops this theorizing further by confronting it with a rich set of folkloristic and historical data. Focusing on the themes of "time and memory", "repeating patterns", "identity formation", "morality", "labor", "playfulness and adventure", "power and subversion", "sound", "emotions", "coping with contingency", "home and unhomeliness", as well as "nature and environment", the book engages with a broad range (...) of theoretical concepts and approaches from the interdisciplinary field of landscape theory and the study of religions. It brings this theorizing into dialogue with the rich culture of local storytelling and landscape-related traditional beliefs of the Strandir district of the Icelandic Westfjords. In this rural region, landscape-related traditions have been collected since the early nineteenth century and continue to be important to this day. Confronting this rich heritage with the insights of landscape theory both in and beyond the study of religions allows important new contributions to theorizing landscape and religion, especially when it comes to considering the perspectives on landscape held by rural populations rather than the urban upper classes that have stood in the focus of research to date. The example of the Icelandic Westfjords shows the extreme richness of religious and supernatural approaches to the landscape that can be developed in rural communities, and how they are significantly and characteristically different from the urban perspectives of literature and the arts. (shrink)

First English translation of Roger Bacon’s Letter to Pope Clement IV. which has been edited by F. A. Gasquet in 1897. It is Roger Bacon’s introductory letter to the Opus maius, which he sent to Pope Clement IV in 1267 together with his fundamental work, and which summarizes his project of reforming the sciences and society of his time as described in his Opus maius.

This is part 2 och an interview with Prof. J. Conant, conducted by Niklas Forsberg. This article will be published at the end of June 2016.

Inquiries into the medium of education take up a question that has so far usually been answered teleologically or psychologically. The coherence of educational endeavors has been illustrated by their objective, and this again has been illustrated by the changes in the state of the educatees. The difficulty of such an approach is that no educator is able to know the inner state of the educatee, i.e., that which the latter really experiences, remembers, and expects during the process of education. (...) Moreover, the drawback of all teleology is that it does not provide a concept for understanding the frequent failure of these efforts. Here, Niklas Luhmann demonstrates that this kind of teleological theory can be replaced by the distinction between medium and form. (shrink)

This is part 2 of an interview with Prof. J. Conant, conducted by Niklas Forsberg.

Werner Hamacher's thought, despite its relevance and scope in other languages, has had a rather tenuous reception in the Spanish-speaking world to date. It is even possible to speak of the obstruction, in some of its points, of the circulation of his thought, as a product of the complexity of its translation. These difficulties, far from being reducible to a merely technical problem, are discussed hand in hand with the comparative reading of some of his texts in Spanish. His thought (...) from and in the language, sometimes despite it, illustrates the relevance of considering translation as a key operation for the philosophical debate in general and in Spanish-speaking countries in particular. (shrink)

Niklas Luhmann is widely recognized as one of the most original thinkers in the social sciences today. This major new work further develops the theories of the author by offering a challenging analysis of the relationship between society and the environment. Luhmann extends the concept of "ecology" to refer to any analysis that looks at connections between social systems and the surrounding environment. He traces the development of the notion of "environment" from the medieval idea--which encompasses both human and (...) natural systems--to our modern definition, which separates social systems from the external environment. In Luhmann's thought, human beings form part of the environment, while social systems consist only of communications. Utilizing this distinctive theoretical perspective, Luhmann presents a comprehensive catalog of society's reactions to environmental problems. He investigates the spheres of the economy, law, science, politics, religion, and education to show how these areas relate to environmental issues. Ecological Communication is an important work that critically examines claims central to our society--claims to modernity and rationality. It will be of great importance to scholars and students in sociology, political science, philosophy, anthropology, and law. (shrink)

This work represents Niklas Luhmann's definitive application of systems theory to the understanding of law. In it Luhmann reviews past attempts to create a theory of law and argues they all fail to capture how law operates in modern society. He presents an alternative, critical theory through analysing law as a system of communication.

Das Buch untersucht die Relation der Ahnlichkeit in ihrer Bedeutung fur Asthetik und Epistemologie der Moderne. HAtte Michel Foucault in Die Ordnung der Dinge die These formuliert, dass die Ahnlichkeit ihre Rolle als strukturierende Form des Wissens im Laufe des siebzehnten Jahrhunderts verloren habe, so geht die vorliegende Untersuchung davon aus, dass das Ahnlichkeitsdenken auch in der Moderne von grundlegender Bedeutung ist. LEitend ist dabei die Annahme, dass die Ahnlichkeit ihre besondere Relevanz nun in einem Diskurs uber asthetische Erfahrung entfaltet, (...) wobei sich von dort aus wiederum fundamentale Fragestellungen der Erkenntnistheorie eroffnen. DEn Ausgangspunkt der Untersuchung bildet die Philosophie Immanuel Kants in ihrer maSSgeblichen Bedeutung fur asthetische Theorien der Moderne. ANhand detaillierter Lekturen von Texten von Walter Benjamin, Paul Valéry und Theodor W. ADorno wird die Argumentation weiter entfaltet, womit auch die in der Forschung bislang nicht berucksichtigte Konstellation Valéry - Benjamin - Adorno erstmals genauer in den Blick genommen ist. DIe Arbeit ist im Fach der Literaturwissenschaft angesiedelt, jedoch grundsatzlich interdisziplinar auf Fragen der Asthetik und Kunsttheorie ausgerichtet. (shrink)

Zusammenfassung: Der Beitrag systematisiert, kontextualisiert und evaluiert den eigentumstheoretischen Hintergrund der derzeit breit geführten Debatte um bezahlbaren Wohnraum in deutschen Großstädten. Ausgehend von der These, dass hinter der sogenannten ‚Wohnungskrise‘ eigentlich eine ‚Bodenkrise‘ steht, werden drei zentrale Konflikte um die politische Rahmung des Eigentums an Boden diskutiert: die Frage nach dem Gebrauch, der Verwertung und dem Eigentumsschutz. Dabei werden die normativen Potentiale eines immanenztheoretischen, apriorisch pflichtgebundenen Eigentumsverständnisses für eine zeitgemäße Wohnraum- und Bodenpolitik ausgelotet.

Traditionally, Lucian’s Navigium is regarded as a moralizing dialogue, which criticizes unrealistic aspirations. Lycinus incorporates this criticism by attacking his friends ironically. This essay elaborates that the dialogue also offers a more ethical interpretation that problematizes Lycinus’ moralizing attitude towards his friends. It argues that Timolaus, one of Lycinus’ interlocutors and friends, introduces a discourse about the reciprocal connection between the act of storytelling on the one hand, and friendship on the other. By doing so, aesthetics (stories) and ethics (friendship) (...) appear as complementary. To emphasize this perspective on the dialogue, the modern concept of narrative communities is connected with ancient concepts of friendship. Lycinus’ ironizing voice and behavior can then be seen as antagonistic rather than dominant. Timolaus, however, appears as subtle narrator, who by his own wish tries to make Lycinus aware of the importance of storytelling for friendship. (shrink)

This article is about the justifiability of accepting worse cost effectiveness for orphan drugs, that is, treatments for rare diseases, in a publicly financed health care system. Recently, three arguments have been presented that may be used in favour of exceptionally advantageous economic terms for orphan drugs. These arguments share the common feature of all referring to considerations of justice or fairness: the argument of the irrelevance of group size, the argument from the principle of need, and the argument of (...) identifiability. It is argued that all of these arguments fail to support the conclusion that orphan drugs should be subsidized to a larger extent than treatments for common diseases. The argument of the irrelevance fails to distinguish between directly and indirectly relevant considerations of fairness or justice. The recent attempt to revive the moral relevance of identifiability has provided no novel reasons to think that identifiability is morally relevant in itself or due to considerations of fairness and justice. The argument from the principle of need does not fail due to any inherent flaw in the principle as such. Rather, this principle can be interpreted in different ways, and none of these interpretations support exceptionally advantageous terms economically for treating rare diseases specifically. It is concluded that we are awaiting justice based reasons for the preferential treatment of orphan drugs. (shrink)

Language Lost and Found takes as its starting-point Iris Murdoch's claim that "we have suffered a general loss of concepts." By means of a thorough reading of Iris Murdoch's philosophy in the light of this difficulty, it offers a detailed examination of the problem of linguistic community and the roots of the thought that some philosophical problems arise due to our having lost the sense of our own language. But it is also a call for a radical reconsideration of how (...) philosophy and literature relate to each other on a general level and in Murdoch's authorship in particular. (shrink)

In this volume, Niklas Luhmann, the leading exponent of systems theory, explores its implications for our understanding of law. The volume provides a rigorous application to law of a theory that offers profound insights into the relationships between law and other aspects of contemporary society, including politics, the economy, the media, education, and religion.Readership: Academics and students of sociology, law, philosophy, and legal philosophy.

We examine the extent to which multiple social identities are associated with enhanced health and well-being in retirement because they provide a basis for giving and receiving social support. Results from a cross-sectional study show that retirees ( N = 171) who had multiple social identities following (but not prior to) retirement report being (a) more satisfied with retirement, (b) in better health, and (c) more satisfied with life in general. Furthermore, mediation analyses revealed an indirect path from multiple social (...) identities to greater satisfaction with retirement and better health through greater provision, but not receipt, of social support to others. These findings are the first to point to the value of multiple group membership post-retirement as a basis for increased opportunities to give meaningful support to others. We discuss the theoretical and practical implications for the management of multiple identities in the process of significant life transitions such as retirement. (shrink)

Luhmann elaboró una ambiciosa teoría en la que describe la sociedad moderna como un sistema. En este artículo plantea la necesidad de articular una sociología de la teoría jurídica para dar respuesta a ciertos problemas que la sociología no resuelve. El autor señala cómo la teoría de sistemas autorreferentes puede abrir nuevas perspectivas para esta problemática, insertando la autopoiesis en la teoría del derecho. De esta forma, sociología del derecho y teoría del derecho deben colaborar estrechamente. La teoría de los (...) sistemas encuentra en este artículo sus inicios. (shrink)

In this paper, I shall draw attention to an as yet unpublished excerpt of a part of Kant’s Religionsschrift (Religion within the Limits of Reason Alone) written by an unknown author that has been found in Schiller’s literary remains, labelled by the Goethe-Schiller-Archiv as ‘general working material’. A note on the excerpt itself marks it as pertaining to the first edition of Kant’s text. A few questions arise from that find: First, which parts of Kant’s text does the excerpt represent? (...) Secondly, does it really refer to the first edition of the Religionsschrift? Thirdly and fourthly, who authored it and how did it get into Schiller’s hands? I shall answer the first two questions by providing a tentative transcription based on which I am going to argue that the excerpt treats the first pages of the first part of Kant’s Religionsschrift and does not refer to the first, but indeed the second edition from 1794. As far as the last two questions are concerned, no definitive answer can be given. Instead I detail Schiller’s endeavours and personal contacts around the time of the publication of the Religionsschrift’s second edition, which might provide some clues as to the possible author for future investigations. Furthermore I outline the impact Kant’s discourse had on Schiller’s own philosophical works, i.e. his essay On Grace and Dignity. (shrink)

Jan Patočka opens “The Phenomenology of Afterlife” by indicating that philosophers always tend to focus on questions about the mortality or immortality of the soul when thinking about death, and that he wants to take a different route focusing instead on the phenomenology of the afterlife and the ways the diseased others live in us. And this is what the major bulk of the text focuses on. But as Patočka’s unfinished text is about to end, he leaves us with a (...) peculiar addendum that signals that a return to the more traditional questions – about death as mine – is necessary. In this text, I seek to elucidate what the phenomenology of afterlife brings to the traditional discussion about death as mine (and about my “soul”). One of the more prominent and well-developed modern theories that discuss death as mine is Derek Parfit’s. Thus, the effort in this text is to find out what Patočka’s phenomenology can teach us about Parfit’s theory. (shrink)

This article explores one central assumption that is guiding large portions of contemporary (analytic) moral philosophy: the idea that moral philosophy has to be forward-looking and action-guiding. By paying attention to a number of examples, it is argued that this guiding assumption flies in the face of important aspects of actual moral life. Moral situations are not (always) of the nature that we can plan for them, and reason about them in advance. Rather, the moral reality, or the moral contexts, (...) are often such that the moral situation is created in the scene, and hence something that is only available to reflect upon in hindsight. There are, at least, two central reasons why this is so: The first is that the sense, meaning, of the actions and the concepts we use in reflection about them, are not locked beforehand, and our understanding of them are formed in the process. The second reason is that moral situations come about in a responsive, rather than planned, way. That is, we discover our moral world by means of our reactive interactions, rather than in theoretical reflection that aims to produce “anticipated beliefs.” Thus, this article suggests a way of exploring morality’s backward-looking nature that does not misrepresent moral reality. (shrink)