An enduring puzzle for theorists of autonomy in the broadly Kantian tradition is how to theorize failures of practical reason. If norms of practical rationality are supposed to be constitutive of agency itself, how can failures to live up them nonetheless be understood as expressions of that agency? Hegelian diagnoses of these difficulties typically emphasize the dichotomies that structure Kantian theories of autonomy, between activity and passivity, reason and nature, norm and desire. They seek to flesh out an alternative that (...) preserves a recognisably post-Kantian notion of autonomy whilst understanding freedom as something that essentially comes in degrees, insisting that self-determination always involves elements of other-determination, and stressing how free subjectivity is inseparable from socio-historically and institutionally bounded character-formation. This article contributes to articulating a Hegelian corrective to Kantian theories of autonomy by beginning to explain the role of habit in Hegel's conception of agency. Building on recent work on Hegel's metaphysics of expression, it shows how he allows us to see conative responses to the world as integral to character development and thus as expressive of free agency, rather than as interruptions to the proper functioning of practical reason. On Hegel's account, the expressive behaviour of mature, reflective agents is grounded in a pre-intentional, affective dimension of subjectivity and presupposes processes of habituation, which he locates at the level of the human ‘soul’. Habit, far from being ‘lifeless, contingent and particular’, is the means by which agents come to make objective contents their own. Understanding the role of habit in Hegel's system is integral to allowing an alternative conceptualization of autonomy to come into view, one on which rational agents express themselves through their affective and emotional responses, rather than merely being a contingent site of those responses. (shrink)

Name der Zeitschrift: Archiv für Geschichte der Philosophie Jahrgang: 97 Heft: 1 Seiten: 97-126.

Charles Taylor's influential exposition of Hegel made the doctrine of expressivism of central importance and identified Herder as its exemplary historical advocate. The breadth and generality of Taylor's use of ?expressivism? have led the concept into some disrepute, but a more precise formulation of the doctrine as a theory of meaning can both demonstrate what is worthwhile and accurate in Taylor's account, and allow us a useful point of entry into Herder's multifaceted philosophy. A reconstruction of Herder's overall philosophical position, (...) centred around a refined theory of what this paper labels ?Herderean expressivism?, reveals a naturalistic, teleological metaphysics. This metaphysics fulfils the Hegelian aim of providing what Dieter Henrich has called a ?feedback loop? between ontology and epistemology. Exploring Herder's expressivism, therefore, helps further the case for his decisive impact on Hegel's philosophy. Herder's methodological naturalism, however, represents an obstacle to Hegel's absolute idealism. (shrink)

This essay seeks to ascertain the philosophical status of revelation in Kant's critical philosophy so as to come to a better understanding of the use of Scripture in his religious writings, especially Religion within the Boundaries of Reason Alone . In doing so it remains faithful to Kant's hermeneutic strictures according to which the bible must be expounded according to morality, in the sense of the categorical imperative, and its attendant pure practical postulates. Taking as clues Kant's repeated insistence in (...) several critical works that revelation must function symbolically, and the Religion 's most detailed discussions of the nature of biblical language, I argue for the account of the philosophical status of Scripture's narrative content being supplied in the 3 rd Critique's discussion of analogical schematism, and that Kant thus regards Scripture as possessing an aesthetic content. I follow Henry E. Allison's work in interpreting Kant's cryptic account of analogy in terms of his theory of aesthetic ideas, and show how such a connection amply illuminates Kant's use of Scripture. Finally, I ask how understanding revelation in terms of aesthetic ideas complies with Kant's demands for the philosophical irreducibility of rational morality, and demonstrate how Kant remains strictly consistent on this score whilst also guaranteeing Scripture a properly aesthetic content. (shrink)

Despite the introduction of female bishops, women do not hold offices on equal terms with men in the Church of England, where conservative evangelical male clergy often reject the validity of women’s ordination. This article explores the gender values of such clergy, investigating how they are expressed and the factors that shape them. Data is drawn from semi-structured interviews and is interpreted with thematic narrative analysis. The themes were analyzed with theories on postfeminism, engaged orthodoxy and group schism. It is (...) argued that participants’ gender values are best understood as postfeminist and that the wider evangelical tradition, as well as a perceived change in Anglican identity with the onset of women’s ordination, shape their postfeminism. Moreover, whilst evangelical gender values possess the potential to foster greater gender equality within the Church of England, gender differentiation limits this possibility, a limitation that could be addressed by increasing participants’ engagement beyond the Church. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume XXIV, Number 2, November 1998, pp. 335-354 "An Unaccountable Pleasure": Hume on Tragedy and the Passions ALEX NEILL Hume begins his essay "Of Tragedy" with a description of what he calls "a singular phaenomenon": It seems an unaccountable pleasure, which the spectators of a well-written tragedy receive from sorrow, terror, anxiety, and other passions, that are in themselves disagreeable and uneasy. The more they are (...) touched and affected, the more are they delighted with the spectacle; and as soon as the uneasy passions cease to operate, the piece is at an end.... They are pleased in proportion as they are afflicted, and never are so happy as when they employ tears, sobs, and cries to give vent to their sorrow, and relieve their heart, swoln with the tenderest sympathy and compassion. The few critics who have had some tincture of philosophy, have remarked this singular phaenomenon, and have endeavoured to account for it.1 The account of the audience's experience of tragedy that Hume goes on to offer in "Of Tragedy" has been the target of criticism since the essay was published. My purpose in what follows is to show that some of what may appear to be the most damaging of that criticism is based on a misinterpretation of the thesis that Hume develops in the essay. I shall not attempt to argue that Hume's thesis is persuasive; indeed, I believe and have argued Alex Neill is at the Department of Philosophy, University of Southampton, Hants Sl 7 IBJ ENGLAND. 336 Alex Neill elsewhere that it is not.2 My project here is almost entirely interpretive: it is an attempt to get clear about what Hume's thesis concerning our experience of tragedy really is. To that end, it should be noted that the apparently "unaccountable" pleasure Hume describes at the beginning of "Of Tragedy" is something that he has remarked on before. In Book I of the Treatise, he notes that in matters of religion men take a pleasure in being terrify'd, and that no preachers are so popular, as those who excite the most dismal and gloomy passions. In the common affairs of life, where we feel and are penetrated with the solidity of the subject, nothing can be more disagreeable than fear and terror; and 'tis only in dramatic performances and in religious discourses, that they ever give pleasure? The phenomenon that Hume finds so remarkable in these passages from "Of Tragedy" and the Treatise is thus, at a minimum, that in certain circumstances, such as when we are at the theatre, we may find agreeable the experience of "the most dismal and gloomy passions." The explanation he gives of this phenomenon in the Treatise is as follows: In these latter cases the imagination reposes itself indolently on the idea; and the passion, being soften'd by the want of belief in the subject, has no more than the agreeable effect of enlivening the mind, and fixing the attention. (T 115) Hume's explanation of how the experience of "uneasy" passions can be enjoyed when we are in church and at the theatre thus has two components. First, because we do not believe the stories we are told in church4 and at the theatre, the uneasy passions we experience are not so very uneasy; as he puts it later in the Treatise, in such circumstances the passion in question "lies not with that weight upon us: It feels less firm and solid" (T 631). Second, a weakly disagreeable passion of this sort agreeably "enlivens" the mind and "fixes" (or as he says later, "rouzes") our attention. By the time he wrote "Of Tragedy," however, Hume had come to regard this explanation of his "singular phaenomenon" as inadequate. With regard to the idea that the passions, even if "uneasy," have the pleasurable effect of "enlivening" the mind (an idea which in "Of Tragedy" he attributes to Dubos), Hume objects that having one's mind "enlivened," one's attention "fixed" or "rouzed," need not be pleasurable: "the same object of distress, which pleases in a tragedy, were it really set before us, would give the most unfeigned uneasiness; though it... (shrink)

Cases of severe and enduring Anorexia Nervosa (SEAN) rightly raise a great deal of concern around assessing capacity to refuse treatment (including artificial feeding). Commentators worry that the Court of Protection in England & Wales strays perilously close to a presumption of incapacity in such cases (Cave and Tan 2017, 16), with some especially bold (one might even say reckless) observers suggesting that the ordinary presumption in favor of capacity ought to be reversed in such cases (Ip 2019). -/- Those (...) of us who worry that such trends and proposals amount to (or at least pose a serious threat of) wrongful discrimination on the grounds of disability nevertheless feel the pull of judging many SEAN service users to be incapacitous with respect to decisions regarding (perhaps amongst other things) treatments involving feeding, artificial or otherwise. But it is difficult to get to grips with exactly what their incapacity consists in. Many such service users seem able to understand, retain, use and weigh information, and express a decision (i.e. they seem, prima facie, to satisfy the ‘MacArthur’ criteria). At the very least, they do not, generally. (shrink)

The book provides a comprehensive and principled account of the uncertainty problem that arises in tort litigation. It presents and critically examines the existing doctrinal solutions of the problem, as evolved in England, the United States, Canada, and Israel, and also offers a number of original solutions, such as imposition of collective liability and liability for evidential damage. Among the issues dealt with by the book are rapidly developing areas of tort law, such as mass torts, liability for imposing risk (...) and the like. The book combines the traditional doctrinal depiction of the law with general theoretical insights that include economic analysis. (shrink)

Assisting suicide is legal in Switzerland if it is offered without selfish motive to a person with decision-making capacity. Although the ‘Swiss model’ for suicide assistance has been extensively described in the literature, the formally and informally protected liberties and claims of assistors and recipients of suicide assistance in Switzerland are incompletely captured in the literature. In this article, we describe the package of rights involved in the ‘Swiss model’ using the framework of Hohfeldian rights as modified by Wenar. After (...) outlining this framework, we dissect the rights involved in suicide assistance in Switzerland, and compare it with the situation in England and Germany. Based on this approach, we conclude that in Switzerland, claim rights exist for those requesting suicide assistance, and for those who are considering providing such assistance, even though no entitlements exist toward suicide assistance. We then describe the implementation of the ‘Swiss model’ and difficulties arising within it. Clarifying these issues is important to understand the Swiss situation, to evaluate what features of it may or may not be worth correcting or emulating, and to understand how it can impact requests for suicide assistance in other countries due to ‘suicide tourism’. It is also important to understand exactly what sets Switzerland apart from other countries with different legislations regarding suicide assistance. (shrink)

Assisting suicide is legal in Switzerland if it is offered without selfish motive to a person with decision-making capacity. Although the ‘Swiss model’ for suicide assistance has been extensively described in the literature, the formally and informally protected liberties and claims of assistors and recipients of suicide assistance in Switzerland are incompletely captured in the literature. In this article, we describe the package of rights involved in the ‘Swiss model’ using the framework of Hohfeldian rights as modified by Wenar. After (...) outlining this framework, we dissect the rights involved in suicide assistance in Switzerland, and compare it with the situation in England and Germany. Based on this approach, we conclude that in Switzerland, claim rights exist for those requesting suicide assistance, and for those who are considering providing such assistance, even though no entitlements exist toward suicide assistance. We then describe the implementation of the ‘Swiss model’ and difficulties arising within it. Clarifying these issues is important to understand the Swiss situation, to evaluate what features of it may or may not be worth correcting or emulating, and to understand how it can impact requests for suicide assistance in other countries due to ‘suicide tourism’. It is also important to understand exactly what sets Switzerland apart from other countries with different legislations regarding suicide assistance. (shrink)

Here presented are three singular, philosophical perspectives on the Delhi student protests which took place in 2019 and 2020, before the coronavirus pandemic. The writers hail from India, England...

This article presents the tradition of phenomenologically founded psychological research that was originally initiated by Amedeo Giorgi. This data analysis method is inseparable from the broader project of establishing an autonomous phenomenologically based human scientific psychology. After recounting the history of the method from the 1960’s to the present, we explain the rationale for why we view data collection as a process that should be adaptable to the unique mode of appearance of each particular phenomenon being researched. The substance of (...) the article is then devoted to a detailed outline of the method’s whole-part-whole procedure of data analysis. We then offer a sample analysis of a brief description of an ordinary daydream. This is an anxiety daydream in response to the recent Covid-19 pandemic. We present this daydream analysis in full to show the concrete hands-on 5 step process through which the researcher explicated the participants’ expressions from the particular to the general. From this brief sample analysis, the researcher offers a first-person reflection on the data analysis process to offer the reader an introduction to the diacritical nature of phenomenological psychological elucidation. (shrink)

In this article, interviewing from a descriptive, phenomenological, human scientific perspective is examined. Methodological issues are raised in relation to evaluative criteria as well as reflective matters that concern the phenomenological researcher. The data collection issues covered are 1) the selection of participants, 2) the number of participants in a study, 3) the interviewer and the questions, and 4) data collection procedures. Certain conclusions were drawn indicating that phenomenological research methods cannot be evaluated on the basis of an empiricist theory (...) of science, but must be critiqued from within a phenomenological theory of science. Some reflective matters, experienced by the phenomenological researcher, are also elaborated upon. (shrink)

This paper explores an empirical puzzle, namely, how inter-organizational relationships can be sustained between organizations that draw upon distinctive—and potentially conflicting—institutional logics under conditions of power asymmetry. This research analyses cases of these relationships and suggests some key conditions underlying them. Examining relationships between ‘Fair Trade’ organizations and corporate retailers, a series of contingent factors behind the dynamic persistence of such relationships are proposed, namely: the presence of pre-existing ‘hybrid logics’; the use of boundary-spanning discourses; joint tolerance of conflict; and (...) co-creation of common rules. These four elements are supported by a fifth mediating factor, i.e. the presence and use of a Fair Trade certification system in the collaboration. The latter appears as a central vehicle facilitating cross-logic relationships—it can be seen as a ‘boundary object’ embodying a series of narratives and discourses that are open to multiple interpretations corresponding to the dominant institutional logics of each partner organization. (shrink)

This article provides concrete examples of a phenomenological approach to empathy training, which is a pedagogical method designed for higher education. First, the phenomenology of empathy and empathy training is briefly described. Second, excerpts from training sessions in higher education are provided as examples. The examples are meant as to concretize the purpose of the training in relation to the overall pedagogical process. In addition, some clarifications are made about how a phenomenological approach can facilitate university students’ deeper understanding of (...) how empathy relate to interpersonal understanding in the we-relation. (shrink)

Exploring phenomenological philosophy as it relates to psychiatry and the social world, this book establishes a common language between psychiatrists, anti-psychiatrists, psychologists and social workers. It is an inter-disciplinary work by phenomenological philosophers, psychiatrists, and psychologists to discover the essence and foundations of social psychiatry. Using the phenomenology of Husserl as a point of departure, the meanings of empathy, interpersonal understanding, we-intentionality, ethics, citizenship and social inclusion are investigated in relation to psychopathology, nosology, and clinical research. This work, drawing upon (...) the rich classical and contemporary phenomenological tradition, touching on a broad range of thinkers such as Deleuze, Levinas, and R.D. Laing, also explicates how phenomenology is a method capable of capturing the human condition and its intricate relation to the social world and mental illness. (shrink)

Arnold and Bowie (2003) attempt to derive ethical constraints on the actions of the managers of multinational enterprises (MNEs), orthe MNEs themselves, from a Kantian perspective. We contest Arnold and Bowie’s claims regarding MNE duties, in particular that MNEs have a duty to pay a subsistence wage above market levels. We conclude that even within Arnold and Bowie’s Kantian framework such a duty does not properly emerge. In addition, we argue that the account of coercion used by Arnold and Bowie (...) does not serve their purposes. Arnold and Bowie address consequentialist issues by arguing that their conclusions are not undercut by economic considerations regarding unemployment. We argue that Arnold and Bowie have misread the economic literature in this regard. (shrink)

Arnold and Bowie (2003) attempt to derive ethical constraints on the actions of the managers of multinational enterprises (MNEs), orthe MNEs themselves, from a Kantian perspective. We contest Arnold and Bowie’s claims regarding MNE duties, in particular that MNEs have a duty to pay a subsistence wage above market levels. We conclude that even within Arnold and Bowie’s Kantian framework such a duty does not properly emerge. In addition, we argue that the account of coercion used by Arnold and Bowie (...) does not serve their purposes. Arnold and Bowie address consequentialist issues by arguing that their conclusions are not undercut by economic considerations regarding unemployment. We argue that Arnold and Bowie have misread the economic literature in this regard. (shrink)

The effect of early emotional memories have been one of the most researched topics in modern scientific psychology. On the other hand, rigorous qualitative studies have been relatively rare, investigating the lived consequences of early emotional memories. The purpose of this paper is to report on some human scientific research results on the phenomenon, the lived persistent psychological meaning of early emotional memories. The study utilized Giorgi's descriptive phenomenological psychological method. A general psychological structure was discovered indicating constituents such as, (...) the vividness of early emotional memories; emotional needs coping strategies; everyday and life choices; as well as personal values attached to the meaning of an object that was present during the early emotional situation . The results might have implications for human service professionals in that they can contribute to a human scientific foundation in terms of understanding the persistent psychological meaning of early emotional memories as well as opening up for new venues of research on phenomena related to human memory, personality, and life-span developmental psychology. (shrink)

The authors offer a phenomenological reflection on the problem of the interconnection between empathy and ethics; essential reading for professionals and scholars of philosophy, psychiatry, health science, psychology, and sociology.

The economic and moral defense of sweatshops given by Powell and Zwolinski has been criticized in two recent papers. Coakley and Kates focus on putative weaknesses in the logic of Powell’s and Zwolinski’s argument. Preiss :55–82, 2014) argues that, even granting the validity of their economic argument, Powell’s and Zwolinski’s defense is without force when viewed from a Kantian republican viewpoint. We are concerned that sweatshop critics have misinterpreted the economic literature and overstated the conclusions that follow from their ethical (...) premises. We show that the best understanding of the current economic literature supports Powell’s and Zwolinski’s conclusions about the negative effects of sweatshop wage regulation, and that it is unreasonable to reject economic analysis in moral argument against sweatshops even from a Kantian perspective. Additionally, we defend the theory of exploitation as unfairness given by Wertheimer, and show how economic analysis can be applied to that theory to identify cases of sweatshop exploitation. (shrink)

Internet fraud is an issue that increasingly concerns regulators, consumers, firms, and business ethics researchers. In this article, we examine one common form of internet fraud, the practice of shill bidding (when a seller in an auction enters a bid on his or her own item). The significant incidence of shill bidding on eBay (in spite of the fact that it is illegal just as it is in live auctions) exemplifies the current ineffectiveness of regulatory means as well as the (...) lack of effective societal mechanisms to prevent online fraud. Further, the proliferation of shill bidding along with other types of internet fraud may have broader implications. If unethical behavior such as shill bidding becomes too widespread on the internet, regulators and other societal forces may deem it necessary to institute controls that will impact the entire online marketplace as well as the future development and regulation of business activities on the internet. Our results indicate that shill bidding is perpetrated on eBay significantly more often than 0.1% rate of fraud estimated by the firm. This suggests that regulators, users, and others stakeholders may become concerned enough to act. The impact of those responses on the internet of the future may affect a broad array of users beyond the unethical sellers on eBay. (shrink)

This book investigates context-sensitivity in natural language by examining the meaning and use of a target class of theoretically recalcitrant expressions. These expressions-including epistemic vocabulary, normative and evaluative vocabulary, and vague language -exhibit systematic differences from paradigm context-sensitive expressions in their discourse dynamics and embedding properties. Many researchers have responded by rethinking the nature of linguistic meaning and communication. Drawing on general insights about the role of context in interpretation and collaborative action, Silk develops an improved contextualist theory of CR-expressions (...) within the classical truth-conditional paradigm: Discourse Contextualism. The aim of Discourse Contextualism is to derive the distinctive linguistic behavior of a CR-expression from a particular contextualist interpretation of an independently motivated formal semantics, along with general principles of interpretation and conversation. It is shown how in using CR-expressions, speakers can exploit their mutual grammatical and world knowledge, and general pragmatic reasoning skills, to coordinate their attitudes and negotiate about how the context should evolve. The book focuses primarily on developing a Discourse Contextualist semantics and pragmatics for epistemic modals. The Discourse Contextualist framework is also applied to other categories of epistemic vocabulary, normative and evaluative vocabulary, and vague adjectives. The similarities/differences among these expressions, and among context-sensitive expressions more generally, have been underexplored. The development of Discourse Contextualism in this book sheds light on general features of meaning and communication, and the variety of ways in which context affects and is affected by uses of language. Discourse Contextualism provides a fruitful framework for theorizing about various broader issues in philosophy, linguistics, and cognitive science. (shrink)

This paper considers characteristic views advanced in the past fifteen years that may be considered relatively sympathetic to student practices of cheating on graded assignments or exams. We detect and analyze typical fallacies that are recurrent in articles that promote a revisionist view of cheating as morally permissible. We offer a general, deontological argument that cheating is immoral. The efforts to justify student cheating take several forms. For example, it has been argued that cheating may be tolerated if the student (...) did not intend to cheat, perhaps because of a failure to understand the normal rules or expected procedures. We also argue that student collaboration in graded work constitutes cheating even if the instructor condones such collaboration. In a similar vein, we address the view that student copying is cheating even if the instructor alters the rules to allow such copying. This moral view can be applied to any cheating behavior, we argue. As a specific example, we demonstrate how it can be applied to the pedagogical recommendation that instructors should encourage their students to cheat in order to cultivate student skills in the area of cyber security. We also address the view that student cheating can be justified by situations in which the student believes that he/she is being subjected to an unfair or unethical overall learning environment. (shrink)

This entry is composed of three sections. In §1, we survey debates about what structural rationality is, including the emergence of the concept in the contemporary literature, its key characteristics, its relationship to substantive rationality, its paradigm instances, and the questions of whether these instances are unified and, if so, how. In §2, we turn to the debate about structural requirements of rationality – including controversies about whether they are “wide-scope” or “narrow-scope”, synchronic or diachronic, and whether they govern processes (...) or states; as well as examining various forms of skepticism about structural requirements of rationality. In §3, we turn to the debate about the normative significance of structural rationality, surveying central challenges for the view that structural rationality is normatively significant and the theoretical options that arise in light of these challenges. (shrink)

As a slew of recent work in epistemology has brought out, there is a range of cases where there's a strong temptation to say that prudential and (especially) moral considerations affect what we ought to believe. There are two distinct models of how this can happen. On the first, “reasons pragmatist” model, the relevant prudential and moral considerations constitute distinctively practical reasons for (or against) belief. On the second, “pragmatic encroachment” model, the relevant prudential and moral considerations affect what one (...) is epistemically justified in believing. The pragmatic encroachment model appears to have several advantages over reasons pragmatism, and this has led many recent philosophers to endorse the former. However, in this paper we argue that a version of reasons pragmatism can be (at least largely) saved from these purported disadvantages once paired with an independently plausible permissivism about epistemically justified outright belief. This hybrid view—“permissivist pragmatism”—holds that when there is more than one epistemically permitted doxastic attitude, practical (including moral) considerations can determine which epistemically permitted doxastic attitude one all-things-considered ought to have. This view avoids both the problems faced by simple versions of reasons pragmatism, and those that distinctively attend pragmatic encroachment, while preserving the advantages of each view. (shrink)

Research suggests that interventions involving extensive training or counterconditioning can reduce implicit prejudice and stereotyping, and even susceptibility to stereotype threat. This research is widely cited as providing an “existence proof” that certain entrenched social attitudes are capable of change, but is summarily dismissed—by philosophers, psychologists, and activists alike—as lacking direct, practical import for the broader struggle against prejudice, discrimination, and inequality. Criticisms of these “debiasing” procedures fall into three categories: concerns about empirical efficacy, about practical feasibility, and about the (...) failure to appreciate the underlying structural-institutional nature of discrimination. I reply to these criticisms of debiasing, and argue that a comprehensive strategy for combating prejudice and discrimination should include a central role for training our biases away. (shrink)

The air pollution generated by motor vehicles and by static sources is, in certain geographic areas, a very serious problem, a problem that exists because of a failure of the marketplace. To address this marketplace failure, the State of California has mandated that by 2003, 10% of the Light-Duty Vehicle Fleet (LDV) be composed of Zero-Emission Vehicles (ZEVs). However, the policy-making process that was utilized to generate the ZEV mandate was problematic and the resulting ZEV mandate is economically unsound. Moreover, (...) an ethical analysis, based primarily upon the work of John Rawls, suggests that implementation of the California ZEV mandate is—in spite of the wide latitude that ought to be given to policy decision makers—unethical. A more ethical and economically efficient approach to the pollution caused by marketplace failure is one that relies on market incentives and thereby achieves the desired improvement in air quality by appealing both to the self-interest of motorists and to those businesses that are directly or indirectly involved with the automobile industry. Such an approach would take better advantage of the creative forces of the market and improvements in technology over time and avoid the infringements on individual liberty and fairness embodied in the ZEV mandate. (shrink)

This paper examines ethical, legal and economic dimensions of the decision facing employers regarding whether it is appropriate to monitor the electronic mail (e-mail) communications of its employees. We review the question of whether such monitoring is lawful. Recent e-mail monitoring cases are viewed as a progression from cases involving more established technologies (i.e., phone calls, internal memoranda, faxes and voice mail).The central focus of the paper is on the extent to which employer monitoring of employee e-mail presents a structure (...) of costs and benefits to the employer which are unlikely to make such a practice profitable or practical to the employer. The practice of employer monitoring to detect illicit employee behavior (e.g., fraud, harassment of fellow employees, industrial espionage) is considered. (shrink)

Publishing scientific articles is a crucial activity performed by a scientist to demonstrate inclusion as part of the community of scientists: a community constituted by journal editors, reviewers, authors and readers. A manuscript submitted to journals is first read by reviewers, and their decision to accept it creates membership in the community for the author with its attendant privileges of ingroup status. Rejection bars such membership. In this article we examine the language used by this powerful individual — the journal (...) reviewer — to recognize another individual — the author — as being a member or not. Five reviewer reports of two different manuscripts submitted by non-native English-speaking authors are analyzed in this case study. Complementary discourse analytical approaches are used: group ideology, syntactic structure and personal pronouns. The analysis of the linguistic strategies used reveals three distinct positions that the reviewers adopt within this under-researched genre. (shrink)

Research in psychopathology is booming in an unprecedented way, at least, in terms of increasing number of publications. Yet, a few questions arise: Does quantity also give us quality? Are the collected data generally of sound quality? How are data typically collected in psychopathology? Are the applied methods of data collection appropriate for this particular field of study? This article explores three different methods of data collection in psychopathology, namely self-rating scales, structured interviews, and semi-structured, phenomenological interviews. To identify the (...) most adequate methodological approach, we first establish the nature of the object of psychopathology and then we critically assess each method’s appropriateness to this field of study. We emphasize fundamental issues that make self-rating scales and structured interviews unfit for the task of adequately examining psychopathology. By contrast, we propose that a semi-structured, phenomenological interview presents a more appropriate method. Finally, we describe two types of semi-structured, phenomenological interviews that can be applied to assess and explore psychopathology, respectively. (shrink)

Many believe that we ought to save a large number from being permanently bedridden rather than save one from death. Many also believe that we ought to save one from death rather than a multitude from a very minor harm, no matter how large this multitude. I argue that a principle I call “Aggregate Relevant Claims” satisfactorily explains these judgments. I offer a rationale for this principle and defend it against objections.

Plato's Meno and Phaedo are two of the most important works of ancient western philosophy and continue to be studied around the world. The Meno is a seminal work of epistemology. The Phaedo is a key source for Platonic metaphysics and for Plato's conception of the human soul. Together they illustrate the birth of Platonic philosophy from Plato's reflections on Socrates' life and doctrines. This edition offers new and accessible translations of both works, together with a thorough introduction that explains (...) the arguments of the two dialogues and their place in Plato's thought. (shrink)

This text was first published on Critical Legal Thinking 14 May 2013. Accel­er­a­tion­ism pushes towards a future that is more mod­ern, an altern­at­ive mod­ern­ity that neo­lib­er­al­ism is inher­ently unable to gen­er­ate. 01. INTRODUCTION : On the Conjuncture 1. At the beginning of the second decade of the Twenty-First Century, global civilization faces a new breed of cataclysm. These coming apocalypses ridicule the norms and organisational structures of the politics which were forged in the birth - Débats.

Stakeholder theorists distinguish between normative stakeholders, those who gain moral standing by making contributions to the firm, and derivative stakeholders, those who can constrain the corporate association even though they make no contribution. The board of directors has the legal authority to distinguish among these stakeholder groups and to distribute rights and obligations among these stakeholder groups. To be sure, this stakeholder formulation appropriately seizes on the firm’s voluntary, associative character. Yet, the firm’s constituents contribute assets and incur risks to (...) participate in market, economic activities. And, as such, the firm’s “stakeholders” must share an imperfect language to assist in making two key economic decisions: (1) who are the legitimate and who are the derivative stakeholders; and (2) who should sit on the board? Still, stakeholder theorists have good reason to be skeptical of neoclassical economics. Its assumptions that all act opportunistically and that all can calculate rationally and fully hardly correspond to studies on the managerial experience of corporate coordination. However, advances in behavioral law and economics now provide a cogent economic logic that readily fits into a stakeholder mode. In brief, we argue that (1) the firm’s economic purpose designates legitimacy to core stakeholders, to those who add value, assume unique risk, and can incur harm; (2) the board serves as the principal who coordinates these core stakeholders to sustain competitive advantage and new wealth creation; and (3) state incorporation law, Delaware in particular, reinforces the board’s function. These, in turn, supply selection criteria for board membership. We aim to synchronize concepts from behavioral law and economics with stakeholder theory. (shrink)

In this paper, we defend universalism, which we understand to be the thesis that all individuals will eventually attain communion with God, in a Vedāntic context. We first outline the specific ontological commitments that our view requires, such as the doctrines of karman and reincarnation, and we note one Vedāntic tradition that holds to all these commitments. We then outline the conceptual merits of our view. We also argue that certain objections to universalism do not undermine our view, as reincarnation (...) and karman provide a means for all individuals to eventually freely choose to devote themselves to God, making it extremely likely that all individuals will attain salvation. (shrink)

Reductionism is a widely endorsed methodology among biologists, a metaphysical theory advanced to vindicate the biologist's methodology, and an epistemic thesis those opposed to reductionism have been eager to refute. While the methodology has gone from strength to strength in its history of achievements, the metaphysical thesis grounding it remained controversial despite its significant changes over the last 75 years of the philosophy of science. Meanwhile, antireductionism about biology, and especially Darwinian natural selection, became orthodoxy in philosophy of mind, philosophy (...) of science, and philosophy of biology. This Element expounds the debate about reductionism in biology, from the work of the post-positivists to the end of the century debates about supervenience, multiple realizability, and explanatory exclusion. It shows how the more widely accepted 21st century doctrine of 'mechanism' - reductionism with a human face - inherits both the strengths and the challenges of the view it has largely supplanted. (shrink)