Legal issues have long been a prominent part of the discourse of business ethics. This widespread attention to legal questions within business ethics arises primarily because specific legal issues are as a practical matter often intertwined with prominent ethical issues occurring in the workplace. Many of the central issues of business ethics—issues such as whistle blowing, insider trading, and workplace privacy—have significant legal dimensions.But this widespread attention to specific legal issues obscures a more significant deficiency within business ethics. This deficiency (...) relates to the consideration of law at a much more fundamental level. Business ethics lacks any developed awareness of the images of law within its discourse.Unlike jurisprudence, the field of business ethics has little in the way of fully developed models or concepts of law. Rather, ourunderstanding of the law here exists more at the level of images—general, unreflected-upon depictions of the law, determinate in someaspects, indeterminate in others.Such images are epistemologically potent, containing unexamined assumptions and exerting an often unrecognized influence over the development of our knowledge. As such, they deserve our attention, especially within a newly evolving field such as business ethics. Of particular importance to business ethics is how such images portray the relation of law to ethics. (shrink)

Raising the issue of corporate moral agency in our examination of the morality of corporate speech is important for two fundamentalreasons. Each reason suggests we exercise caution in conflating corporations and individuals as the law often does. First, raising the issue of corporate moral agency is important to the aim of providing a framework for ethically evaluating corporate speech. It is tempting to proceed as if the nature of corporate speech is self-evident. But this is hardly the case. Corporations are (...) not natural persons, and we mustn’t assume corporate speech is indistinguishable from human speech. Before we can ethically evaluate corporate speech, we must first clarify what corporate speech is. This requires an understanding of the fundamental nature of the corporate entity, including its moral status. Second, raising the issue of corporate moral agency is important if we wish to promotemorally responsible corporate speech. Any diminished moral capacity on the corporation’s part would suggest a core role for the strong legal reinforcement of any ethical aspirations here. In promoting morally responsible corporate speech, ethical injunctions uncoupled from an effective legal regime may hold only limited promise. (shrink)

The question of legal optimism presupposes the development of a normative stance regarding the law’s evolution. Only with a sense of where the law should be going can one be optimistic—or pessimistic for that matter—regarding its development. Thus, the possibility of legal optimism depends on disclosing the normative stance toward the law’s evolution suggested by the law’s moral creativity. What we need is a legal theory for civil society analogous to our legal theory of the market.

Raising the issue of corporate moral agency in our examination of the morality of corporate speech is important for two fundamentalreasons. Each reason suggests we exercise caution in conflating corporations and individuals as the law often does. First, raising the issue of corporate moral agency is important to the aim of providing a framework for ethically evaluating corporate speech. It is tempting to proceed as if the nature of corporate speech is self-evident. But this is hardly the case. Corporations are (...) not natural persons, and we mustn’t assume corporate speech is indistinguishable from human speech. Before we can ethically evaluate corporate speech, we must first clarify what corporate speech is. This requires an understanding of the fundamental nature of the corporate entity, including its moral status. Second, raising the issue of corporate moral agency is important if we wish to promotemorally responsible corporate speech. Any diminished moral capacity on the corporation’s part would suggest a core role for the strong legal reinforcement of any ethical aspirations here. In promoting morally responsible corporate speech, ethical injunctions uncoupled from an effective legal regime may hold only limited promise. (shrink)

The article begins with a view of recent developments in the discipline of business law. A model useful in the study of business ethics is presented. Business ethics is the philosophical examination of the body of values and conceptions that influence business decision making as well as being pervasive components of the social environment in which businesses operate. Our model is a four-part framework for approaching business ethics which is sensitive to its implications for business law. The model's four parts (...) are: (1) ethical theory, (2) institutional frameworks, (3) organizational cultures, and (4) individual moral choice and responsibility. Topics, issues, and kinds of material appropriate for approaching each of these four are presented, and a list of scholarly articles, books, and court cases, is included as a source of additional classroom material. (shrink)

Corporate legal scholarship has failed in fundamental ways to grasp the ethical significance of corporate law and policy. While the broader economic and social consequences of particular legal developments are routinely debated, too little reflection is given to how such developments affect the moral quality of individual lives within the corporate hierarchy. What is needed is a framework for illuminating the interaction between developments in corporate legal doctrine and the ethical choices of corporate managers. The ethical significance of corporate law (...) derives from two key factors. First, the corporation as an organization mediates between individuals in the corporate hierarchy and their ethical responsibilities. Second, the organizational choices and decision-making structure of the corporation are to a significant degree the product of corporate law. (shrink)

Our world is faced with complex challenges that include poverty, hunger, lack of education, gender inequality, sustainability, and climate change. These issues cannot be addressed by government action alone and requires the business world play an important role. Despite the many effort of companies to address social responsibility in the last decade however, capitalism continues to suffer a crisis of trust. Many organizations lack the awareness, mindset, frameworks, and knowledge to efficiently and effectively make progress in providing solutions to these (...) systemic challenges, while also ensuring business performance. The authors argue that business schools are uniquely positioned and have a responsibility to contribute to this cause as educators of the business leaders of tomorrow. A landscape survey of social entrepreneurship / social innovation education with 66 institutions of higher education and in-depth interviews with 8 social intrapreneurs from diverse career tracks reveals significant challenges as well as opportunities for creating this paradigm shift in business schools. This research uses insights from these two studies to provide an overview of the current state of SE/SI in business education and provides recommendations for institutions of higher education to pave a pathway forward for future leaders who will use business to create positive social change. (shrink)

Our world is faced with complex challenges that include poverty, hunger, lack of education, gender inequality, sustainability, and climate change. These issues cannot be addressed by government action alone and requires the business world play an important role. Despite the many effort of companies to address social responsibility in the last decade however, capitalism continues to suffer a crisis of trust. Many organizations lack the awareness, mindset, frameworks, and knowledge to efficiently and effectively make progress in providing solutions to these (...) systemic challenges, while also ensuring business performance. The authors argue that business schools are uniquely positioned and have a responsibility to contribute to this cause as educators of the business leaders of tomorrow. A landscape survey of social entrepreneurship / social innovation education with 66 institutions of higher education and in-depth interviews with 8 social intrapreneurs from diverse career tracks reveals significant challenges as well as opportunities for creating this paradigm shift in business schools. This research uses insights from these two studies to provide an overview of the current state of SE/SI in business education and provides recommendations for institutions of higher education to pave a pathway forward for future leaders who will use business to create positive social change. (shrink)

Joining the dialogue on the relationship between the law and business ethics, Jeffrey Nesteruk and Eric W. Orts have offeredconceptions of the law as a positive influence rather than a negative curb on corporate behavior. While these “legal optimists” pursue anoble end in promoting higher ethical standards for corporations through the law, they may be overly optimistic in their suggestion that these more skillfully wielded legal models will influence corporate behavior for the better. Reviewing the basic tenets of (...) their two approaches, this paper uses corporate responses to environmental statutes to suggest that while legal optimism may offer hope for promoting corporate ethics, it has definite limitations in its current stage of development. (shrink)

Joining the dialogue on the relationship between the law and business ethics, Jeffrey Nesteruk and Eric W. Orts have offeredconceptions of the law as a positive influence rather than a negative curb on corporate behavior. While these “legal optimists” pursue anoble end in promoting higher ethical standards for corporations through the law, they may be overly optimistic in their suggestion that these more skillfully wielded legal models will influence corporate behavior for the better. Reviewing the basic tenets of (...) their two approaches, this paper uses corporate responses to environmental statutes to suggest that while legal optimism may offer hope for promoting corporate ethics, it has definite limitations in its current stage of development. (shrink)

Abstract:Joining the dialogue on the relationship between the law and business ethics, Jeffrey Nesteruk and Eric W. Orts have offered conceptions of the law as a positive influence rather than a negative curb on corporate behavior. While these “legal optimists” pursue a noble end in promoting higher ethical standards for corporations through the law, they may be overly optimistic in their suggestion that these more skillfully wielded legal models will influence corporate behavior for the better. Reviewing the basic (...) tenets of their two approaches, this paper uses corporate responses to environmental statutes to suggest that while legal optimism may offer hope for promoting corporate ethics, it has definite limitations in its current stage of development. (shrink)

Richard Jeffrey is beyond dispute one of the most distinguished and influential philosophers working in the field of decision theory and the theory of knowledge. His work is distinctive in showing the interplay of epistemological concerns with probability and utility theory. Not only has he made use of standard probabilistic and decision theoretic tools to clarify concepts of evidential support and informed choice, he has also proposed significant modifications of the standard Bayesian position in order that it provide a (...) better fit with actual human experience. Probability logic is viewed not as a source of judgment but as a framework for explaining the implications of probabilistic judgments and their mutual compatability. This collection of essays spans a period of some 35 years and includes what have become some of the classic works in the literature. There is also one completely new piece, while in many instances Jeffrey includes afterthoughts on the older essays. (shrink)

The Face of the Other and the Trace of God contain essays on the philosophy of Emmanuel Levinas, and how his philosophy intersects with that of other philosophers, particularly Husserl, Kierkegaard, Sartre, and Derrida. This collection is broadly divided into two parts: relations with the other, and the questions of God.

This book offers a concise survey of basic probability theory from a thoroughly subjective point of view whereby probability is a mode of judgment. Written by one of the greatest figures in the field of probability theory, the book is both a summation and synthesis of a lifetime of wrestling with these problems and issues. After an introduction to basic probability theory, there are chapters on scientific hypothesis-testing, on changing your mind in response to generally uncertain observations, on expectations of (...) the values of random variables, on de Finetti's dissolution of the so-called problem of induction, and on decision theory. (shrink)

Few notions are more central to Aquinas’s thought than those of matter and form. Although he invokes these notions in a number of different contexts, and puts them to a number of different uses, he always assumes that in their primary or basic sense they are correlative both with each other and with the notion of a “hylomorphic compound”—that is, a compound of matter (hyle) and form (morphe). Thus, matter is an entity that can have form, form is an entity (...) that can be had by matter, and a hylomorphic compound is an entity that exists when the potentiality of some matter to have form is actualized.1 What is more, Aquinas assumes that the matter of a hylomorphic compound explains certain of its general characteristics, whereas its form explains certain of its more specific characteristics. Thus, the matter of a bronze statue explains the fact that it is bronze, whereas its form explains the fact that it is a statue. Again, the matter of a human being explains the fact that it is a material object, whereas its form explains the specific type of material object it is (namely, human). My aim in this chapter is to provide a systematic introduction to Aquinas’s primary or basic notions of matter and form. To accomplish this aim, I focus on the two main theoretical contexts in which he deploys them—namely, his theory of change and his theory of individuation. In both contexts, as we shall see, Aquinas appeals to matter and form to account for relations of sameness and difference holding between distinct individuals. (shrink)

Jeffrey Barrett presents the most comprehensive study yet of a problem that has puzzled physicists and philosophers since the 1930s.

In this original and compelling book, Jeffrey P. Bishop, a philosopher, ethicist, and physician, argues that something has gone sadly amiss in the care of the dying by contemporary medicine and in our social and political views of death, as shaped by our scientific successes and ongoing debates about euthanasia and the "right to die"--or to live. __The Anticipatory Corpse: Medicine, Power, and the Care of the Dying__, informed by Foucault's genealogy of medicine and power as well as by (...) a thorough grasp of current medical practices and medical ethics, argues that a view of people as machines in motion--people as, in effect, temporarily animated corpses with interchangeable parts--has become epistemologically normative for medicine. The dead body is subtly anticipated in our practices of exercising control over the suffering person, whether through technological mastery in the intensive care unit or through the impersonal, quasi-scientific assessments of psychological and spiritual "medicine." The result is a kind of nihilistic attitude toward the dying, and troubling contradictions and absurdities in our practices. Wide-ranging in its examples, from organ donation rules in the United States, to ICU medicine, to "spiritual surveys," to presidential bioethics commissions attempting to define death, and to high-profile cases such as Terri Schiavo's, __The Anticipatory Corpse__ explores the historical, political, and philosophical underpinnings of our care of the dying and, finally, the possibilities of change. A ground-breaking work in bioethics, this book will provoke thought and argument for all those engaged in medicine, philosophy, theology, and health policy. "With extraordinary philosophical sophistication as well as knowledge of modern medicine, Bishop argues that the body that shapes the work of modern medicine is a dead body. He defends this claim decisively with with urgency. I know of no book that is at once more challenging and informative as __The Anticipatory Corpse. __To say this book is the most important one written in the philosophy of medicine in the last twenty-five years would not do it justice. This book is destined to change the way we think and, hopefully, practice medicine." --_Stanley Hauerwas, Duke Divinity School _ "Jeffrey Bishop carefully builds a detailed, scholarly case that medicine is shaped by its attitudes toward death. Clinicians, ethicists, medical educators, policy makers, and administrators need to understand the fraught relationship between clinical practices and death, and __The Anticipatory Corpse __is an essential text. Bishop's use of the writings of Michel Foucault is especially provocative and significant. This book is the closest we have to a genealogy of death." --_Arthur W. Frank, University of Calgary _ "Jeffrey Bishop has produced a masterful study of how the living body has been placed within medicine's metaphysics of efficient causality and within its commitment to a totalizing control of life and death, which control has only been strengthened by medicine's taking on the mantle of a bio-psycho-socio-spiritual model. This volume's treatment of medicine's care of the dying will surely be recognized as a cardinal text in the philosophy of medicine." --_H. Tristram Engelhardt, Jr., Rice University, Baylor College of Medicine_. (shrink)

Eliminativists sometimes invoke evolutionary debunking arguments against ordinary object beliefs, either to help them establish object skepticism or to soften the appeal of commonsense ontology. I argue that object debunkers face a self-defeat problem: their conclusion undermines the scientific support for one of their premises, because evolutionary biology depends on our object beliefs. Using work on reductionism and multiple realizability from the philosophy of science, I argue that it will not suffice for an eliminativist debunker to simply appeal to some (...) object-free surrogate theory of evolution that results from converting any scientific proposition about some object K into a proposition about simples arranged K-wise. In the process, I examine some hazards peculiar to eliminative reductions of scientific theories, and propose a trilemma for eliminativists who attempt to recoup generality for ontologically sparse reducing theories by appealing to pluralities of simples arranged K-wise. The paper is intended to define and develop the object debunker’s self-defeat problem for further study, and to clarify some of the ways sparse and abundant ontologies interact with scientific theory. (shrink)

Belief in propositions has had a long and distinguished history in analytic philosophy. Three of the founding fathers of analytic philosophy, Gottlob Frege, Bertrand Russell, and G. E. Moore, believed in propositions. Many philosophers since then have shared this belief; and the belief is widely, though certainly not universally, accepted among philosophers today. Among contemporary philosophers who believe in propositions, many, and perhaps even most, take them to be structured entities with individuals, properties, and relations as constituents. For example, the (...) proposition that Glenn loves Tracy has Glenn, the loving relation, and Tracy as constituents. What is it, then, that binds these constituents together and imposes structure on them? And if the proposition that Glenn loves Tracy is distinct from the proposition that Tracy loves Glenn yet both have the same constituents, what is about the way these constituents are structured or bound together that makes them two different propositions? In The Nature and Structure of Content, Jeffrey C. King formulates a detailed account of the metaphysical nature of propositions, and provides fresh answers to the above questions. In addition to explaining what it is that binds together the constituents of structured propositions and imposes structure on them, King deals with some of the standard objections to accounts of propositions: he shows that there is no mystery about what propositions are; that given certain minimal assumptions, it follows that they exist; and that on his approach, we can see how and why propositions manage to have truth conditions and represent the world as being a certain way. The Nature and Structure of Content also contains a detailed account of the nature of tense and modality, and provides a solution to the paradox of analysis. Scholars and students working in the philosophy of mind and language will find this book rewarding reading. (shrink)

Over the past 25 years, no religious institution in America has done more to explore the link between the environment and spirituality than the Cathedral of St. John the Divine. Now, for the first time, a selection of the finest of the Cathedral's ecological sermons appears in a single volume.

Epistemic Consequentialism Consequentialism is the view that, in some sense, rightness is to be understood in terms conducive to goodness. Much of the philosophical discussion concerning consequentialism has focused on moral rightness or obligation or normativity. But there is plausibly also epistemic rightness, epistemic obligation, and epistemic normativity. Epistemic rightness is often denoted with talk … Continue reading Consequentialism Epistemic →.

This chapter presents the main formalism of the book, which is used in subsequent chapters to describe a variety of concepts in Husserlian phenomenology, and thereby unify them. A dynamical systems approach to Husserl is introduced, and several dynamical laws of Husserlian phenomenology are described. The first is an expectation rule according to which expectations are determined by what a person knows, sees, and does. The second is a learning rule according to which background knowledge is updated in a specific (...) way when experiences fulfill or frustrate prior expectations. In addition to these rules, a “supervenience function” is described, which associates how a thing is seen with a “trail set,” the set ways that thing is expected to look, relative to all possible ways of moving around it. This function further illustrates the explanatory dimension of phenomenology described in Chap. 2, whereby how we immanently experience things is determined by how we expect them to look relative to counterfactual movement patterns. (shrink)

Jeffrey E. Brower presents and explains the hylomorphic conception of the material world developed by Thomas Aquinas, according to which material objects are composed of both matter and form. In addition to presenting and explaining Aquinas's views, Brower seeks wherever possible to bring them into dialogue with the best recent literature on related topics. Along the way, he highlights the contribution that Aquinas's views make to a host of contemporary metaphysical debates, including the nature of change, composition, material constitution, (...) the ontology of stuff vs. things, the proper analysis of ordinary objects, the truthmakers for essential vs. accidental predication, and the metaphysics of property possession. (shrink)

Now in paperback, this important book explores the central role of historical thought in the full range of Heidegger’s thought, both the early writings leading up to Being and Time, and after the “reversal” or Kehre that inaugurated his later work. Barash examines Heidegger’s views on history in a richly developed context of debates that transpired in the early 20th-century German philosophy of history. He addresses a key unifying theme—the problem of historical meaning and the search for coherent criteria of (...) truth in an era of historical relativism—as he traces the engagement with historicity throughout all major epochs and works. Barash revises this edition to explore new material, including Heidegger’s lecture course texts from 1910 to 1923, and adds an expanded, updated bibliography. (shrink)

Alexis de Tocqueville once wrote that "the people reign over the American political world like God over the universe," unwittingly casting democracy as the political instantiation of the death of God. According to Jeffrey W. Robbins, Tocqueville's assessment remains an apt observation of modern democratic power, which does not rest with a sovereign authority but operates as a diffuse social force. By linking radical democratic theory to a contemporary fascination with political theology, Robbins envisions the modern experience of democracy (...) as a social, cultural, and political force transforming the nature of sovereign power and political authority. Robbins joins his work with Michael Hardt and Antonio Negri's radical conception of "network power," as well as Sheldon Wolin's notion of "fugitive democracy," to fashion a political theology that captures modern democracy's social and cultural torment. This approach has profound implications not only for the nature of contemporary religious belief and practice but also for the reconceptualization of the proper relationship between religion and politics. Challenging the modern, liberal, and secular assumption of a neutral public space, Robbins conceives of a postsecular politics for contemporary society that inextricably links religion to the political. While effectively recasting the tradition of radical theology as a political theology, this book also develops a comprehensive critique of the political theology bequeathed by Carl Schmitt. It marks an original and visionary achievement by the scholar the _Journal of the American Academy of Religion_ hailed "one of the best commentators on religion and postmodernism.". (shrink)

Epicureanism after the generation of its founders has been characterised as dogmatic, uncreative and static. But this volume brings together work from leading classicists and philosophers that demonstrates the persistent interplay in the school between historical and contemporary influences from outside the school and a commitment to the founders' authority. The interplay begins with Epicurus himself, who made arresting claims of intellectual independence, yet also admitted to taking over important ideas from predecessors, and displayed more receptivity than is usually thought (...) to those of his contemporaries. The same principles of autonomy and openness figure importantly in the three major areas of focus in these essays: theology, politics and the emotions. (shrink)

Reliabilism—the view that a belief is justified iff it is produced by a reliable process—is often characterized as a form of consequentialism. Recently, critics of reliabilism have suggested that since it is a form of consequentialism, reliabilism condones a variety of problematic trade-offs involving cases where someone forms an epistemically deficient belief now that will lead her to more epistemic value later. In the present paper, we argue that the relevant argument against reliabilism fails because it equivocates. While there is (...) a sense in which reliabilism is a kind of consequentialism, it is not of a kind on which we should expect problematic trade-offs. (shrink)

Alexis de Tocqueville once wrote that "the people reign over the American political world like God over the universe," unwittingly casting democracy as the political instantiation of the death of God. According to Jeffrey W. Robbins, Tocqueville's assessment remains an apt observation of modern democratic power, which does not rest with a sovereign authority but operates as a diffuse social force. By linking radical democratic theory to a contemporary fascination with political theology, Robbins envisions the modern experience of democracy (...) as a social, cultural, and political force transforming the nature of sovereign power and political authority. Robbins joins his work with Michael Hardt and Antonio Negri's radical conception of "network power," as well as Sheldon Wolin's notion of "fugitive democracy," to fashion a political theology that captures modern democracy's social and cultural torment. This approach has profound implications not only for the nature of contemporary religious belief and practice but also for the reconceptualization of the proper relationship between religion and politics. Challenging the modern, liberal, and secular assumption of a neutral public space, Robbins conceives of a postsecular politics for contemporary society that inextricably links religion to the political. While effectively recasting the tradition of radical theology as a political theology, this book also develops a comprehensive critique of the political theology bequeathed by Carl Schmitt. It marks an original and visionary achievement by the scholar the _Journal of the American Academy of Religion_ hailed "one of the best commentators on religion and postmodernism.". (shrink)

"Neofunctionalism and After" brings together for the first time in one volume all of Alexander's writings on neofunctionalism, the present volume also contains ...

Despite an explosion of studies on memory in historical and cultural studies, there is relatively little in moral philosophy on this subject. In this book, Jeffrey Blustein provides a systematic and philosophically rigorous account of a morality of memory. Drawing on a broad range of philosophical and humanistic literatures, he offers a novel examination of memory and our relations to people and events from our past, the ways in which memory is preserved and transmitted, and the moral responsibilities associated (...) with it. Blustein treats topics of responsibility for one's own past; historical injustice and the role of memory in doing justice to the past; the relationship of collective memory to history and identity; collective and individual obligations to remember those who have died, including those who are dear to us; and the moral significance of bearing witness. (shrink)

In order to understand ongoing activity, observers segment it into meaningful temporal parts. Segmentation can be based on bottom‐up processing of distinctive sensory characteristics, such as movement features. Segmentation may also be affected by top‐down effects of knowledge structures, including information about actors' intentions. Three experiments investigated the role of movement features and intentions in perceptual event segmentation, using simple animations. In all conditions, movement features significantly predicted where participants segmented. This relationship was stronger when participants identified larger units than (...) when they identified smaller units, and stronger when the animations were generated randomly than when they were generated by goal‐directed human activity. This pattern suggests that bottom‐up processing played an important role in segmentation of these stimuli, but that this was modulated by top‐down influence of knowledge structures. To describe accurately how observers perceive ongoing activity, one must account for the effects of distinctive sensory characteristics, the effects of knowledge structures, and their interactions. (shrink)