Over the last 20+ years, multinational corporations have been confronted with accusations of abuse of market power and unfair and unethical business conduct especially as it relates to their overseas operations and supply chain management. These accusations include, among others, worker exploitation in terms of unfairly low wages, excessive work hours, and unsafe work environment; pollution and contamination of air, ground water and land resources; and, undermining the ability of natural government to protect the well-being of their citizens. MNCs have (...) responded to these accusations by creating voluntary codes of conduct which commit them to specific standards for addressing these issues. These codes are created at both the industry-wide and the individual company level. Unfortunately, these codes have generated little credibility and public trust because their compliance claims cannot be independently verified, and they lack transparency and full public disclosure. In this article, we present a case study of the voluntary code of conduct by Mattel, Inc., the world’s largest toy company. The code, called the Global Manufacturing Principles, confronts the general criticism leveled against voluntary codes of conduct by creating detailed standards of compliance, independent external monitoring of the company’s compliance with its code of conduct, and making full, and uncensored public disclosure of the audit findings and company’s response in terms of remedial action. We present a detailed account of how Mattel’s voluntary code of conduct was created, implemented, and ultimately abandoned over 9 years. We provide an evaluative analysis of the company’s GMP compliance throughout its life span, which suggests a bell-shaped curve, where early top management commitments were met with pockets of resistance from operational groups, who were concerned about balancing GMP compliance efforts with traditional performance criteria. The early stage response from Mattel’s top management was quick and supported with the requisite resources. As a result, the compliance process accelerated, becoming increasingly more robust and effective. The success of code compliance and increased transparency in public disclosure energized field managers with a sense of professional satisfaction and publicly recognized accomplishments. The decline in GMP compliance was equally steep. When all the easily attainable targets had been reached at the company-operated plants, addressing vendor plants’ compliance presented a new set of challenges, which taxed corporate resources and management commitment. It would seem that value-based and ethics-oriented considerations, i.e., doing the right thing for the right reason, were no longer the driving force for Mattel’s management. Mattel did not see any economic benefit from its proactive stance, when competitors did not seem to suffer adverse consequences for not following suit. The final contributing factor to the code’s abandonment was a widely publicized series of product recalls which absorbed top management’s attention. (shrink)

Over the last 20+ years, multinational corporations (MNCs) have been confronted with accusations of abuse of market power and unfair and unethical business conduct especially as it relates to their overseas operations and supply chain management. These accusations include, among others, worker exploitation in terms of unfairly low wages, excessive work hours, and unsafe work environment; pollution and contamination of air, ground water and land resources; and, undermining the ability of natural government to protect the well-being of their citizens. MNCs (...) have responded to these accusations by creating voluntary codes of conduct which commit them to specific standards for addressing these issues. These codes are created at both the industry-wide and the individual company level. Unfortunately, these codes have generated little credibility and public trust because their compliance claims cannot be independently verified, and they lack transparency and full public disclosure. In this article, we present a case study of the voluntary code of conduct by Mattel, Inc., the world's largest toy company. The code, called the Global Manufacturing Principles (GMP), confronts the general criticism leveled against voluntary codes of conduct by (a) creating detailed standards of compliance, (b) independent external monitoring of the company's compliance with its code of conduct, and (c) making full, and uncensored public disclosure of the audit findings and company's response in terms of remedial action. We present a detailed account of how Mattel's voluntary code of conduct was created, implemented, and ultimately abandoned over 9 years. We provide an evaluative analysis of the company's GMP compliance throughout its life span, which suggests a bellshaped curve, where early top management commitments were met with pockets of resistance from operational groups, who were concerned about balancing GMP compliance efforts with traditional performance criteria. The early stage response from Mattel's top management was quick and supported with the requisite resources. As a result, the compliance process accelerated, becoming increasingly more robust and effective. The success of code compliance and increased transparency in public disclosure energized field managers with a sense of professional satisfaction and publicly recognized accomplishments.The decline in GMP compliance was equally steep. When all the easily attainable targets had been reached at the company-operated plants, addressing vendor plants' compliance presented a new set of challenges, which taxed corporate resources and management commitment. It would seem that value-based and ethicsoriented considerations, i. e., doing the right thing for the right reason, were no longer the driving force for Mattel's management. Mattel did not see any economic benefit from its proactive stance, when competitors did not seem to suffer adverse consequences for not following suit. The final contributing factor to the code's abandonment was a widely publicized series of product recalls which absorbed top management's attention. (shrink)

Recent data indicate that under a specific posthypnotic suggestion to circumvent reading, highly suggestible subjects successfully eliminated the Stroop interference effect. The present study examined whether an optical explanation could account for this finding. Using cyclopentolate hydrochloride eye drops to pharmacologically prevent visual accommodation in all subjects, behavioral Stroop data were collected from six highly hypnotizables and six less suggestibles using an optical setup that guaranteed either sharply focused or blurred vision. The highly suggestibles performed the Stroop task when naturally (...) vigilant, under posthypnotic suggestion not to read, and while visually blurred; the less suggestibles ran naturally vigilant, while looking away, and while visually blurred. Although visual accommodation was precluded for all subjects, posthypnotic suggestion effectively eliminated Stroop interference and was comparable to looking away in controls. These data strengthen the view that Stroop interference is neither robust nor inevitable and support the hypothesis that posthypnotic suggestion may exert a top-down influence on neural processing. (shrink)

Environmental degradation and extractive industry are inextricably linked, and the industry’s adverse impact on air, water, and ground resources has been exacerbated with increased demand for raw materials and their location in some of the more environmentally fragile areas of the world. Historically, companies have managed to control calls for regulation and improved, i.e., more expensive, mining technologies by (a) their importance in economic growth and job creation or (b) through adroit use of their economic power and bargaining leverage against (...) weak national governments, regional and international regulatory bodies. More recently, the industry has had to contend with another set of challenges that involved treatment of indigenous people and their traditional land rights, fair treatment of workers, human rights abuses, and bribery and corruption involving local officials and political leaders. These challenges currently fall outside the traditional areas of regulation and control. Nevertheless, they pose serious threat to the industry’s business practices because of their global scope, threat to company’s reputation, and long-term risks of political instability leading to increasing cost of capital. Industry has responded to these challenges by creating voluntary codes of conduct that would signify their intent to comply with higher standards of conduct, and assuage public opinion that no further action is called for. These codes, however, lack any monitoring mechanism and reporting integrity to assure the public that the industry members are indeed meeting their commitments. Consequently, pressure on the industry continues unabated and with ever increasing calls for mandatory regulation and oversight. This article examines the activities of one mining company, Freeport-McMoRan Copper & Gold, Inc., which has taken a radically different approach in responding to these challenges at its mining operations in West Papua, Indonesia. While cooperating with industry-based efforts of voluntary codes of conduct, Freeport also initiated a radically different response through its own voluntary code that would directly focus on issues of human rights, treatment of indigenous people on whose traditional land its mine was located; economic development and job creation and, improvements in health, education, and housing facilities, to name a few. Additionally, the company earmarked large sums of money and involved representatives of the indigenous people in their management and disbursement. The company took an even more radical action when it committed itself to independent external audits of the company’s compliance with the code, and that these findings and company’s responses would be made public without prior censorship by the company. We analyze the nature of corporate culture, vision and risk-taking propensities of its management that would impel the company to embark on a high risk strategy whose outcomes could not be predicted with any degree of certainty before the fact. The parent company also had to confront discontent among the management ranks at the mine site because of cultural differences and management styles of expatriates and local (Indonesian) managers. Finally, we discuss in some detail the extensive and intensive character of a two phase audit conducted by the outside monitors, their findings, and the process by which they were implemented and reported to general public. We also evaluate the strengths and challenges posed by such audits, their importance to the company’s future, and how such projects might be undertaken by other companies. (shrink)

Technologies are being developed for significantly altering the traits of existing persons (or fetuses or embryos) and of future persons via germ line modification. The availability of such technologies may affect our philosophical, legal, and everyday understandings of several important concepts, including that of personal identity. I consider whether the idea of personal identity requires reconstruction, revision or abandonment in the face of such possibilities of technological intervention into the nature and form of an individual's attributes. This requires an account (...) of the work done by the concept of personal identity, and an explanation of what “conceptual impacts of technology” and “conceptual reconstruction” might mean. Our existing notions of personal identity and related ideas such as personhood and autonomy may seem unable to comfortably accommodate the possibilities of technologically directed trait formation and development. This is a matter of moral and legal importance because the idea of personal identity embeds major values and reflects value-laden beliefs and attitudes. The assumed endurance of identity underlies interpersonal relationships, the assignment of rewards and punishments, and the very idea of what constitutes an autonomous person. Perhaps radical restructuring or even abandonment of concepts are sometimes called for when the world changes drastically, but I suggest that conceptual modification is not “compelled” for personal identity except under extreme circumstances—the remote possibility of rapid human “shape shifting” where physical and mentational attributes can be transformed quickly and continuously. Efforts to enhance human traits, including merit attributes and other resource-attractive characteristics (e.g., intellectual and athletic aptitudes, physical size and appearance), may generate legal problems wherever the persistence of identity is presupposed. Some advance speculation is thus warranted on how trait change generally will be managed within our legal and socioeconomic systems, and more particularly on rights of access to trait-altering technologies. I mention the possible distributive effects of enhancing highly-resource attractive traits, including the strengthening individual powers to acquire still more increments in such traits in a self-reinforcing cycle. A brief review of some constitutional issues bearing on trait change completes the discussion. I conclude that existing and projected technologies do not impel the abandonment or remodeling of the idea of personal identity. We may, however, have to reconsider some uses of this concept in different settings, to rethink our understandings of ideas of merit and desert, and to deal with the distribution of resources that may enlarge and entrench the “distances” between social and economic groups. (shrink)

In this book Svi Shapiro explores the ideological and attitudinal functions of schools, looking especially at what is called the 'hidden curriculum.' He offers both an analysis of the role of education in producing and maintaining attitudes and values that contribute to our competitive, socially unequal, instrumental, consumerist, and self-oriented culture and a radically different vision for what our schools should be about--a vision that focuses on education's role in supporting a more critically reflective, socially responsible, and compassionate culture. (...) Federal and state legislation have propelled schools today in the direction of an increasingly test-driven, instrumental, and individually competitive regime. Under these legislative mandates, schools are increasingly alienating and stressful places for both students and teachers. Most disturbing is that this form of education is not conducive to providing young people with the capacity to cope with the moral, cultural, spiritual, and political challenges of the world they inhabit. More than only offering a critique of schools, Shapiro proposes a counter-vision that can lead to a different kind of culture and society, and he discusses strategies for advocating and implementing it. Written in a style that is very accessible to a wide range of readers, _Losing Heart: The Moral and Spiritual Miseducation of America's Children_ is also carefully researched and draws on relevant theory to make a strong case. This book speaks to a wide range of readers, including academics and students in education, sociology, anthropology, political science, and cultural studies; public school professionals; and the general public interested in education. It will appeal to faculty in schools of education who are looking for a text that offers both a critical language _and_ one that speaks to possibility and change. (shrink)

In contrast to attempts that have been made to measure the clarity of reporting of the methods of clinical trials in journal articles, we report here an attempt to measure the accuracy of methods reporting. We focus in this article on eligibility criteria as a test case for the reporting of clinical trial methods. We examined the reporting of eligibility criteria in the protocol, methods paper (if applicable), journal article, and Clinical Alert for articles appearing in print between January 1988 (...) and September 1994 for which a Clinical Alert had been issued. Eligibility criteria were further classified into five categories in order to examine the content of information loss, if any. On average, 82% of protocol eligibility criteria were reported in methods papers. Journal articles and Clinical Alerts fared somewhat worse: 63% of criteria were reported in journal articles, 19% in Clinical Alerts. In all three categories of medical communication, the reporting of criteria that defined the study disease tended to be complete; reporting of criteria relating to trial precision, patient safety, legal and ethical concerns, and administrative considerations, was not complete. We found that criteria for clinical trial eligibility are frequently under-reported in medical communications. Moreover, some of the criteria omitted are of considerable clinical importance. We suggest that in the design phase of clinical trials, proposed eligibility criteria be scrutinized closely. Those criteria that survive this scrutiny and that have clinical import must be reported upon fully and accurately when communicating trial results. (shrink)

Too many patients are injured in the course of care. Clinicians may mistakenly cause new harm to a patient or fail to take established steps to improve the presenting condition. Medical institutions within which they work may lack mechanisms to reduce errors or prevent them from harming patients. Many, perhaps even most, injuries are preventable, probably numbering in the hundreds of thousands a year for hospital care alone. Long ignored by medical practitioners and health-care payers and little appreciated by the (...) public, the problem of medical injury is finally receiving high-level policy attention. Much credit goes to the Institute of Medicine for its landmark report of November 1999, which marshaled the evidence about medical injuries and highlighted new approaches to systematic improvement of safety within systems of care. (shrink)

Too many patients are injured in the course of care. Clinicians may mistakenly cause new harm to a patient or fail to take established steps to improve the presenting condition. Medical institutions within which they work may lack mechanisms to reduce errors or prevent them from harming patients. Many, perhaps even most, injuries are preventable, probably numbering in the hundreds of thousands a year for hospital care alone. Long ignored by medical practitioners and health-care payers and little appreciated by the (...) public, the problem of medical injury is finally receiving high-level policy attention. Much credit goes to the Institute of Medicine for its landmark report of November 1999, which marshaled the evidence about medical injuries and highlighted new approaches to systematic improvement of safety within systems of care. (shrink)

Nietzsche's use of metaphor has been widely noted but rarely focused to explore specific images in great detail. A Nietzschean Bestiary gathers essays devoted to the most notorious and celebrated beasts in Nietzsche's work. The essays illustrate Nietzsche's ample use of animal imagery, and link it to the dual philosophical purposes of recovering and revivifying human animality, which plays a significant role in his call for de-deifying nature.

For the past four decades, Anglo-American legal philosophy has been preoccupied – some might say obsessed – with something called the “Hart-Dworkin” debate. Since the appearance in 1967 of “The Model of Rules I,” Ronald Dworkin’s seminal critique of H.L.A. Hart’s theory of legal positivism, countless books and articles have been written either defending Hart against Dworkin’s objections or defending Dworkin against Hart’s defenders. My purpose in this essay is not to declare an ultimate victor; rather it is to identify (...) precisely the core issue around which the debate is organized. Is the Hart-Dworkin debate, for example, about whether the law contains principles, as well as rules? Or does it concern whether judges have discretion in hard cases? Is it about the proper way to interpret legal texts in the American legal system? Or is it about the very possibility of conceptual jurisprudence? Although trying to capture the essence of a philosophical debate can be tricky, I think that there is an important unity to the Hart-Dworkin debate that can be described in a relatively straightforward manner. I suggest that the debate is organized around one of the most profound issues in the philosophy of law, namely, the relation between legality and morality. Dworkin’s basic strategy throughout the course of the debate has been to argue that, in one form or another, legality is ultimately determined not by social facts alone, but by moral facts as well. This contention directly challenges, and threatens to undermine, the positivist picture about the nature of law, in which legality is never determined by morality, but solely by social practice. As one might expect, the response by Hart and his followers has been to argue that this dependence of legality on morality is either merely apparent or does not, in fact, undermine the social foundations of law. The Hart-Dworkin debate, I also try to show, is not a monolithic entity. In the second half of the paper, I describe how Dworkin modified his critique to circumvent the responses of Hart’s followers, thereby inaugurating a new phase in the debate. Virtually no attention, however, has been paid to this latter challenge, which is especially surprising given that none of the previous positivistic defenses are helpful against it. I then sketch out a possible response positivists might offer to this extremely powerful objection. (shrink)

In this paper, I present a new argument against inclusive legal positivism. As I show, any theory which permits morality to be a condition on legality cannot account for a core feature of legal activity, namely, that it is an activity of social planning. If the aim of a legal institution is to guide the conduct of the community through plans, it would be self-defeating if the existence of these plans could only be determined through deliberation on the merits. I (...) also argue that, insofar as inclusive legal positivism was developed as a response to Ronald Dworkin's critique of H. L. A. Hart's theory of law, it was founded on a mistake. For once we appreciate the role that planning plays in legal regulation, we will see that Dworkin's objection is based on a flawed conception of legal obligations and rights and hence does not present an objection that inclusive legal positivists were required to answer. (shrink)

Though the “internal point of view” is perhaps H.L.A. Hart’s greatestcontribution to legal theory, this concept is also often and easily misunderstood. This is unfortunate, not only because these misreadings distort Hart’s theory, but, more importantly, because they prevent us from appreciating the infirmities of sanction-centered theories of law and the compelling reasons why they ought to be rejected. In this paper, I try to address some of these confusions. What, exactly, is the internal point of view? What role (or (...) roles) does it play in Hart’s theory? And how does an adequate appreciation for the centrality of the internal point of view lead to the rejection of sanction-centered theories? (shrink)

In Legality Scott Shapiro seeks to provide the motivation for the development of his own elaborate account of law by undertaking a critique of H.L.A. Hart's jurisprudential theory. Hart maintained that every legal system is underlain by a rule of recognition through which officials of the system identify the norms that belong to the system as laws. Shapiro argues that Hart's remarks on the rule of recognition are confused and that his model of lawis consequently untenable. Shapiro (...) contends that a new approach is vital for progress in the philosophy of law and, with his lengthy presentation of his own Planning Theory of Law, he aspires to pioneer just such an approach. Except for a very terse observation in the final main section, this article does not directly assess the strengths and shortcomings of Shapiro's piquant planning theory. Instead, I defend Hart against Shapiro's charges and thereby undermine the motivation for the development of the planning theory. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 249 larger sections of the work will be translated-preferably not from the Latin, but from the Arabic original. JOSEPHL. B~u Columbia University Commentary on the Metaphysics of Aristotle. By St. Thomas Aquinas. Trans. by John P. Rowan. (Chicago, Illinois: Henry Regnery Company, 1961. Pp. xxiii + 955.2 vols., boxed, $25.00.) Generally speaking, the two Summae of St. Thomas, long available in English translation, contain all that is (...) most personal and most profound in his philosophical thought. Nonetheless, it is quite impossible to get a fully adequate conception of St. Thomas' place in the history of western thought from a consideration of his theological writings alone. Hence, by translating St. Thomas' Commentary on the Metaphysics of Aristotle into English, Professor J. P. Rowan has provided the non-Latin reading student of the history of philosophy an invaluable service. For it is in his r61e as Aristotelian commentator that we see St. Thomas creating for the Schoolmen a version of Aristotle which served to render the Stagirite's thought into terms which became fundamental to the philosophical defense of Christianity. Further, by keeping in mind the fully-developed notions of St. Thomas on the existence of God and the nature of being as these are given us to understand in the Summae, the reader becomes better enabled, by a critical reading of Thomas' Commentary, to grasp the sense in which the Saint's theological writings are said by his enthusiasts to represent a "completing" and "perfecting" of Aristotle's thought. Professor Rowan's translation is based upon the Turin, 1950, edition of R. M. Spiazzi. This edition is itself fundamentally the older edition of M. R. Cathala, containing but few emendations. Although the translator was obliged to check Spiazzi occasionally against the Parma and Viv6s editions of Thomas' Opera Omnia, the usefulness of such consultation was, as Professor Rowan himself states, "limited inasmuch as both the editions of Viv~s and that of Cathala use Parma as their basic text" (p. vii). Further, since the edition from which he worked was not critical, Professor Rowan found it necessary in some instances to himself emend the reading of the Spiazzi text. However, where such alterations were made, and where indeed they were not obviously required, Professor Rowan indicated his iustification for the change in a footnote. It is unfortunate that no critical edition of Thomas' work was available to his translator; still, although a final evaluation of his emendations must, of course, attend the future appearance of a critical edition of Thomas' work, so far as we were able to judge, Professor Rowan's 250 HISTORY OF PHILOSOPHY changes were in all instances quite reasonable and well ]ustified. Professor Rowan has wisely included a translation of that version of the Aristotelian text upon which St. Thomas (in all probability) based his commentary. As this Latin version frequently departs from such currently available English translations as those of W. D. Ross, H. Tredennik, and others which are based upon Greek sources, a good deal of confusion as to Thomas' actual point of departure would have been introduced had this inclusion not been made. The general value and utility of Professor Rowan's work is further increased by his footnoted indications of the more important variations obtaining between the Greek text (as given in Bekker), and the Latin version employed by St. Thomas. For the reader who wishes to compare the Latin version, the Greek text, and the English translations, Professor Rowan has provided the standard Bekker reference numbers at the beginning of each of Thomas' Lectiones. To further simplify the whole matter of reference and cross-reference, Professor Rowan has used the letter C, followed by a numeral, to designate sections of Thomas' Commentary. These sections are the same as those established originally by Cathala. Numbers not preceded by C designate the appropriate sections of the Latin version of Aristotle's text, and correspond with those given by Spiazzi in his revision of the Cathala edition. Thus, as example, in such a reference as (241:C345), the first number designates the section of the version of Aristotle employed by St. Thomas, and the second, the section of St. Thomas... (shrink)

This new edition of Introduction to Lattices and Order presents a radical reorganization and updating, though its primary aim is unchanged. The explosive development of theoretical computer science in recent years has, in particular, influenced the book's evolution: a fresh treatment of fixpoints testifies to this and Galois connections now feature prominently. An early presentation of concept analysis gives both a concrete foundation for the subsequent theory of complete lattices and a glimpse of a methodology for data analysis that is (...) of commercial value in social science. Classroom experience has led to numerous pedagogical improvements and many new exercises have been added. As before, exposure to elementary abstract algebra and the notation of set theory are the only prerequisites, making the book suitable for advanced undergraduates and beginning graduate students. It will also be a valuable resource for anyone who meets ordered structures. (shrink)

Meta-programs, which treat other computer programs as data, include compilers, editors, simulators, debuggers, and program transformers. Because of the wide ranging applications, meta-programming has become a subject of considerable practical and theoretical interest. This book provides the first comprehensive view of topics in the theory and application of meta-programming, covering problems of representation and of soundness and correctness of interpreters, analysis and evaluation of meta-logic programs, and applications to sophisticated knowledge-based systems.Harvey Abramson is Reader in Computer Science at the University (...) of Bristol, England; M. H. Rogers is Professor of Computer Science, also at the University of Bristol. Meta-Programming in Logic Programming is in the series Logic Programming Research Reports and Notes, edited by Ehud Shapiro. (shrink)

Several philosophers have expressed concerns with some recent uses of the term ‘cognition’. Underlying a number of these concerns are claims that cognition is only located in the brain and that no compelling case has been made to use ‘cognition’ in any way other than as a cause of behavior that is representational in nature. These concerns center on two primary misapprehensions: First, that some adherents of dynamical cognitive science think DCS implies the thesis of extended cognition and the rejection (...) of representation, and second, that cognition is mistakenly equated with behavior. We make three points in response to these claims: First, there is no thoroughly entrenched conception of cognition as distinct from behavior that is being illegitimately disregarded. Second, we present Shapiro’s exposition of dynamical systems theory as revealing a misunderstanding of the way that dynamical models are used in explanations of cognition and related phenomena. Accordingly, a proper conception of DCS’s methods facilitates an appreciation of extended cognition as a legitimate phenomenon of scientific investigation. Finally, we demonstrate that practicing cognitive scientists and psychologists are far more pluralistic in the phenomena they apply ‘cognition’ to than is suggested by some. At the heart of our disagreement with these concerned folks is that although we think it likely that some cognitive phenomena are representational, non-extended, and only in-between the ears, we also think there are good conceptual and empirical reasons to believe that many cognitive phenomena are non-representational, extended, and not confined to the brain. (shrink)

An elementary semistochastic model for cell cycle analysis is presented. Various independently generated experimental data sets are compared with the theory in which for the first time, a consistent consideration of non-proliferating cells has also been taken into account.