This article deals with the relationship between argumentation and persuasion. It defends the idea that these two concepts are not as opposed as all too often said. If it is important to recognize their differences (there are argumentative discourses without persuasion and persuasive discourses without argumentation), there is nevertheless an overlap, in which characteristics are taken from both. We propose to call this overlap “persuasive argumentation”. In order to bridge argumentation and persuasion, we will first distinguish the latter from manipulation. (...) In the second part of this article, we will analyze four cases of persuasive argumentation: the enthymeme, a few rhetorical figures, narration and visual argumentation. (shrink)
Introduction Content Type Journal Article Pages 1-17 DOI 10.1007/s10503-011-9238-3 Authors Ana Laura Nettel, Law Department, Universidad Autónoma Metropolitana—Azcapotzalco (UAM-A), Amsterdam 180-403 Colonia Hipódromo Condesa, 06100 Mexico, DF, Mexico Georges Roque, Centre National de la Recherche Scientifique (CNRS), CRAL, EHESS/CNRS, 96 Bd. Raspail, 75006 Paris, France Journal Argumentation Online ISSN 1572-8374 Print ISSN 0920-427X.
Authentic leadership has become increasingly important in the literature, attracting the attention of many scholars in the last decade. This study adopted an employee-centered perspective to guide its examination of the relationship between authentic leadership and individual performance and investigation of the sequential mediation of employees’ affective commitment and individual creativity. An analysis was conducted of data collected from 214 employees working in different business sectors. The results reveal a statistically significant positive relationship between authentic leadership and employees’ workplace performance, (...) which are both directly connected and indirectly linked through the two proposed psychosocial mechanisms. The findings thus indicate that authentic leadership reinforces workers’ emotional connection with their organizations, thereby increasing their individual creativity and, subsequently, promoting better on-the-job performance. This study presents new and significant results since, on the one hand, it relied on a sequential mediation analysis of variables and, on the other hand, integrated the four main constructs into a single model. The proposed model displays the chain of effects between authentic leadership, affective commitment, individual creativity, and employee workplace performance. Implications for organizational management are discussed. (shrink)
Nesta comunicação pretende-se desenvolver a relação entre violência e política enquadrada no pensamento de Hannah Arendt e a partir de duas obras fundamentais, On Revolution (1963) e On Violence (1970). Investigando-se sobre o que constitui cada experiência em particular, a da violência (ainda que sob a forma da guerra ou da revolução) e a da política, esta relação permitirá equacionar criticamente as possibilidades e os limites das sociedades democráticas actuais como o resultado da tradição política e das revoluções da modernidade.
Fundamentación: la educación integral del estudiante de Medicina incluye el desarrollo de las habilidades comunicativas y lingüísticas en idioma Inglés, que le posibiliten mantenerse informado y comunicarse en medios anglófonos. La prensa escrita es un medio de información que permite que los estudiantes reflexionen, valoren, interpreten y se comuniquen. Objetivo: Contribuir al desarrollo de las habilidades lingüísticas y comunicativas con la prensa escrita en clases de inglés. Método: Se realizó un estudio pre-experimental que consistió en elaborar ejercicios a partir de (...) la utilización de artículos de la prensa escrita relacionados con medicina y salud pública, como medios de enseñanza. El estudio se realizó con 40 estudiantes del quinto año de Medicina y 15 profesionales matriculados en un curso de posgrado de la Facultad de Ciencias Médicas de Mayabeque. Resultados: La información sobre aspectos de medicina y salud pública publicados en la prensa y los hábitos de lectura de la prensa de los estudiantes del quinto año era baja antes de la intervención y después de la puesta en práctica de la experiencia mejoró significativamente. Los resultados de los cuatro cortes evaluativos muestran la eficacia de la experiencia, por cuanto el desarrollo de las habilidades se comportó de manera ascendente. Conclusiones: Este sistema de trabajo facilitó la motivación de las clases, se desarrollaron habilidades lingüísticas y comunicativas y sirvió de base para fomentar el trabajo educativo, aumentó el vocabulario general y técnico de los estudiantes. Foundation: the medical students’ integral education includes the development of linguistic and communicative abilities in the English language, in such a way, they have the possibility to be informed and communicate properly in English-speaking contexts. The printing press is a means of information which allows them to reflect, valuate interpretate and communicate properly. Objective: to contribute to the development of linguistic and communicative abilities with the printing press in the English lessons Method: it was carried out a pre-experimental study which consisted in the elaboration of exercises related to the content of medical articles taken from the printing press. The study was carried out with 40 5th year medical students and 15 health professionals registered for a post graduated course of English in the Faculty of medicine from Mayabeque. Results: the information concerning medicine and public health published in the printing press and the 5th year medical students reading habits before putting into practice the didactic experience were low. Meanwhile, it improved considerably after its implementation. The results of the four evaluative breaks show the effectiveness of the didactic experience. The development of reading abilities was increased. Conclusions: this system of work facilitated motivation during the learning activities, linguistic and communicative abilities were developed considerably; it served as a base to promote educative work, and to increase the students general and technical vocabulary. (shrink)
This article provides current Schwartz Values Survey (SVS) data from samples of business managers and professionals across 50 societies that are culturally and socioeconomically diverse. We report the society scores for SVS values dimensions for both individual- and societal-level analyses. At the individual-level, we report on the ten circumplex values sub-dimensions and two sets of values dimensions (collectivism and individualism; openness to change, conservation, self-enhancement, and self-transcendence). At the societal-level, we report on the values dimensions of embeddedness, hierarchy, mastery, affective (...) autonomy, intellectual autonomy, egalitarianism, and harmony. For each society, we report the Cronbach’s α statistics for each values dimension scale to assess their internal consistency (reliability) as well as report interrater agreement (IRA) analyses to assess the acceptability of using aggregated individual level values scores to represent country values. We also examined whether societal development level is related to systematic variation in the measurement and importance of values. Thus, the contributions of our evaluation of the SVS values dimensions are two-fold. First, we identify the SVS dimensions that have cross-culturally internally reliable structures and within-society agreement for business professionals. Second, we report the society cultural values scores developed from the twenty-first century data that can be used as macro-level predictors in multilevel and single-level international business research. (shrink)
Is the societal-level of analysis sufficient today to understand the values of those in the global workforce? Or are individual-level analyses more appropriate for assessing the influence of values on ethical behaviors across country workforces? Using multi-level analyses for a 48-society sample, we test the utility of both the societal-level and individual-level dimensions of collectivism and individualism values for predicting ethical behaviors of business professionals. Our values-based behavioral analysis indicates that values at the individual-level make a more significant contribution to (...) explaining variance in ethical behaviors than do values at the societal-level. Implicitly, our findings question the soundness of using societal-level values measures. Implications for international business research are discussed. (shrink)
The COVID-19 outbreak has ravaged all societal domains, including education. Home confinement, school closures, and distance learning impacted students, teachers, and parents’ lives worldwide. In this study, we aimed to examine the impact of COVID-19-related restrictions on Italian and Portuguese students’ academic motivation as well as investigate the possible buffering role of extracurricular activities. Following a retrospective pretest–posttest design, 567 parents reported on their children’s academic motivation and participation in extracurricular activities. We used a multi-group latent change score model to (...) compare Italian and Portuguese students’: pre-COVID mean motivation scores; rate of change in motivation; individual variation in the rate of change in motivation; and dependence of the rate of change on initial motivation scores. Estimates of latent change score models showed a decrease in students’ motivation both in Italy and in Portugal, although more pronounced in Italian students. Results also indicated that the decrease in students’ participation in extracurricular activities was associated with changes in academic motivation. Furthermore, students’ age was significantly associated with changes in motivation. No significant associations were found for students’ gender nor for parents’ education. This study provides an important contribution to the study of students’ academic motivation during home confinement, school closures, and distance learning as restrictive measures adopted to contain a worldwide health emergency. We contend that teachers need to adopt motivation-enhancing practices as means to prevent the decline in academic motivation during exceptional situations. (shrink)
The theory of mental models postulates that meaning and knowledge can modulate the interpretation of conditionals. The theory's computer implementation implied that certain conditionals should be true or false without the need for evidence. Three experiments corroborated this prediction. In Experiment 1, nearly 500 participants evaluated 24 conditionals as true or false, and they justified their judgments by completing sentences of the form, It is impossible that A and ___ appropriately. In Experiment 2, participants evaluated 16 conditionals and provided their (...) own justifications, which tended to be explanations rather than logical justifications. In Experiment 3, the participants also evaluated as possible or impossible each of the four cases in the partitions of 16 conditionals: A and C, A and not-C, not-A and C, not-A and not-C. These evaluations corroborated the model theory. We consider the implications of these results for theories of reasoning based on logic, probabilistic logic, and suppositions. (shrink)
Resume This paper offers a methodical review of the scientific literature of the last decade that concerns itself with online services offering supportive advocacy for anorexia nervosa and bulimia nervosa. The main question is whether these studies reproduce the traditional divide in the study of eating disorders, between clinical and social science perspectives, with limited mutual exchanges. Having first identified a specific body of literature, the authors investigate its content, methods and approaches, and analyse the network of cross-citations the components (...) generate and share. On this basis, the authors argue that the scientific literature touching on pro-ana websites can be regarded as a single transdisciplinary body of knowledge. What’s more, they show that the literature on computer-mediated sociabilities centred on eating disorders displays different structural characteristics with respect to the traditional, non-Web-related research on eating disorders. In the latter, the social sciences have usually provided a critical counterpoint to the development of a health sciences mainstream. In the case of Web-related research, however, the social sciences have taken the lead role in defining the field, with the health sciences following suit. (shrink)
We explore the distinctive characteristics of Mexico's society, politics and history that impacted the establishment of genetics in Mexico, as a new disciplinary field that began in the early 20th century and was consolidated and institutionalized in the second half. We identify about three stages in the institutionalization of genetics in Mexico. The first stage can be characterized by Edmundo Taboada, who was the leader of a research program initiated during the Cárdenas government (1934-1940), which was primarily directed towards improving (...) the condition of small Mexican farmers. Taboada is the first Mexican post-graduate investigator in phytotechnology and phytopathology, trained at Cornell University and the University of Minnesota, in 1932 and 1933, respectively. He was the first investigator to teach plant genetics at the National School of Agriculture and wrote the first textbook of general genetics, Genetics Notes, in 1938. Taboada's most important single genetics contribution was the production of "stabilized" corn varieties. The extensive exile of Spanish intellectuals to Mexico, after the end of Spain's Civil War (1936-1939), had a major influence in Mexican science and characterizes the second stage. The three main personalities contributing to Mexican genetics are Federico Bonet de Marco and Bibiano Fernández Osorio Tafall, at the National School of Biological Sciences, and José Luis de la Loma y Oteyza, at the Chapingo Agriculture School. The main contribution of the Spanish exiles to the introduction of genetics in Mexico concerned teaching. They introduced in several universities genetics as a distinctive discipline within the biology curriculum and wrote genetics text books and manuals. The third stage is identified with Alfonso León de Garay, who founded the Genetics and Radiobiology Program in 1960 within the National Commission of Nuclear Energy, which had been founded in 1956. The Genetics and Radiobiology Program rapidly became a disciplinary program, for it embraced research, teaching, and training of academics and technicians. The Mexican Genetics Society, created by de Garay in 1966, and the development of strains and cultures for genetics research were important activities. One of de Garay's key requirements was the compulsory training of the Program's scientists for at least one or two years in the best universities of the United States and Europe. De Garay's role in the development of Mexican genetics was fundamental. His broad vision encompassed the practice of genetics in all its manifestations. (shrink)
Purpose This paper aims to introduce a cross-cultural study of the views and implications of Snowden’s revelations about NSA/GCHQ surveillance practices, undertaken through surveys administered in eight countries. The aims and academic and social significance are explained, and justification is offered for the methods used. Design/methodology/approach Pilot surveys were deployed in two countries, following which revised versions were deployed in eight countries. Quantitative analysis of suitable answer sets and quantitative analysis were performed. Findings Through the pilot survey studies conducted in (...) Japan and Spain, the academic significance and meaningfulness, as well as social significance of the project, were confirmed. Practical implications The results of the cross-cultural study are expected to contribute not only to the advance of surveillance study but also to the enhancement of ordinary, non-technical people’s awareness of state surveillance and their proactive approach to protecting their own rights and dignity from covert intrusion by government agencies. Originality/value This paper clarifies the importance and methodologies of investigating the social impact of Snowden’s revelations on youngsters’ attitudes toward privacy and state surveillance in a cross-cultural analysis framework. Although a few other studies have assessed the impact of Snowden’s revelations, these have mostly focussed on the USA, so this is the only study to date considering that impact on a broad international scale, using highly similar surveys to ensure comparability. (shrink)
For the last 50 years the dominant stance in experimental biology has been reductionism in general, and genetic reductionism in particular. Philosophers were the first to realize that the belief that the Mendelian genes were reduced to DNA molecules was questionable. Soon, experimental data confirmed these misgivings. The optimism of molecular biologists, fueled by early success in tackling relatively simple problems has now been tempered by the difficulties encountered when applying the same simple ideas to complex problems. We analyze three (...) examples taken from experimental data that illustrate the shortcomings of this sort of reductionism. In the first, alterations in the expression of a large number of genes coexist with normal phenotypes at supra-cellular levels of organization; in the second, the supposed intrinsic specificity of hormonal signals is negated; in the third, the notion that cancer is a cellular problem caused by mutated genes is challenged by data gathered both from the reductionist viewpoint and the alternative view proposing that carcinogenesis is development gone awry. As an alternative to reductionism, we propose that the organicist view is a good starting point from which to explore these phenomena. However, new theoretical concepts are needed to grapple with the apparent circular causality of complex biological phenomena. (shrink)
Aworkshop was held August 26–28, 2015, by the Earth- Life Science Institute (ELSI) Origins Network (EON, see Appendix I) at the Tokyo Institute of Technology. This meeting gathered a diverse group of around 40 scholars researching the origins of life (OoL) from various perspectives with the intent to find common ground, identify key questions and investigations for progress, and guide EON by suggesting a roadmap of activities. Specific challenges that the attendees were encouraged to address included the following: What key (...) questions, ideas, and investigations should the OoL research community address in the near and long term? How can this community better organize itself and prioritize its efforts? What roles can particular subfields play, and what can ELSI and EON do to facilitate research progress? (See also Appendix II.) The present document is a product of that workshop; a white paper that serves as a record of the discussion that took place and a guide and stimulus to the solution of the most urgent and important issues in the study of the OoL. This paper is not intended to be comprehensive or a balanced representation of the opinions of the entire OoL research community. It is intended to present a number of important position statements that contain many aspirational goals and suggestions as to how progress can be made in understanding the OoL. The key role played in the field by current societies and recurring meetings over the past many decades is fully acknowledged, including the International Society for the Study of the Origin of Life (ISSOL) and its official journal Origins of Life and Evolution of Biospheres, as well as the International Society for Artificial Life (ISAL). (shrink)
In this article, instead of taking a particular method as translation, we ask: what does one expect to do with a translation? The answer to this question will reveal, though, that none of the first order methods are capable of fully represent the required transference of ontological commitments. Lastly, we will show that this view on translation enlarge considerably the scope of translatable, and, therefore, ontologically comparable theories.
It would be ahistorical to ridicule vitalists. When one reads the writings of one of the leading vitalists like Driesch one is forced to agree with him that many of the basic problems of biology simply cannot be solved by a philosophy as that of Descartes, in which the organism is simply considered a machine…. The logic of the critique of the vitalists was impeccable.At the turn of the new millennium, concomitant with the development of the evo-devo and eco-devo disciplines (...) within developmental biology, critical appraisals of the reductionist stance of the molecular biology revolution became more numerous and noticeable. Several books and papers address the problems posed by this reductionist agenda and suggest... (shrink)
A continuing challenge for researchers and practitioners alike is the lack of data on the effectiveness of corporate–community investment programmes. The focus of this article is on the minerals industry, where companies currently face the challenge of matching corporate drivers for strategic partnership with community needs for programmes that contribute to local and regional sustainability. While many global mining companies advocate a strategic approach to partnerships, there is no evidence currently available that suggests companies are monitoring these partnerships to see (...) if they do, in fact, represent ‘strategic’ investments. This article argues that applying the management concept of ‘investment performance’ to corporate–community partnerships requires questioning traditional evaluation methods that focus on the results of programmes or activities. We adopt a case study approach to introduce an evaluation framework that considers performance from both corporate and community perspectives and that conceptualises partnership performance as comprising four aspects: (1) the contribution of the partnership to the overall portfolio of a company’s community investment programmes, (2) the appropriateness of the partnership model, (3) the effectiveness of the partnering relationship and (4) the ability of the partners to achieve programme goals. The application of this evaluation framework to an established corporate–community partnership programme provided some useful insights as to how partnership performance can be improved. (shrink)
This study aims to examine the ethical decision-making model proposed by Schwartz, where we consider the factors of non-rationality and aspects that affect ethical judgments of auditors to make the decision to blow the whistle. In this paper, we argue that the intention of whistleblowing depends on ethical awareness and ethical judgment as well as there is a mediation–moderation due to emotion and perceived moral intensity of auditors. Data were collected using an online survey with 162 external auditors who worked (...) on audit firms in Indonesia as well as 173 internal auditors working in the manufacturing and financial services. The result of multigroup analysis shows that emotion can mediate the relationship between EAW and EJW. The nature of this relationship is more complex and then tested by adding moderating variables using consistent partial least squares approach. We found that EMT and PMI can improve the relationship between ethical judgments and whistleblowing intentions. These findings indicate that internal auditors are more likely to blow the whistle than external auditors; and reporting wrongdoing internally and anonymously are the preferred way of professional accountants to blow the whistle in Indonesia. (shrink)
Cet article est un premier essai d’étude historique sur les relations de genre dans les sociétés indigènes du Chaco, en Amérique du Sud. Le traitement de cette question nécessitant de travailler à partir de contextes sociaux, temporels et spatiaux concrets, nous avons situé l’analyse dans un secteur de la « frontière » chaquéenne placé sous la juridiction argentine, à des moments immédiatement antérieurs et postérieurs à la campagne militaire engagée pour soumettre les populations indigènes entre 1884 et 1911. Nous travaillons (...) ainsi depuis un front de colonisation interne pour repérer les changements que cette situation a provoqués sur les relations, les rôles sociaux et les identités des hommes et des femmes autochtones. L’analyse repose sur des sources issues de deux moments différents du processus de colonisation : le moment initial, à partir des missions franciscaines établies sur les bords du fleuve Bermejo pour évangéliser les Matacos ; puis l’apogée du processus, lorsque les Matacos furent incorporés comme brassiers salariés dans les raffineries sucrières. (shrink)
In Neither Physics Nor Chemistry, Kostas Gavroglu and Ana Simoes examine the evolution of quantum chemistry into an autonomous discipline, tracing its development from the publication of early papers in the 1920s to the dramatic changes ...
The contemporary confluence of globalization and ethical pluralism is at the origin of many ethical challenges that confront business nowadays, both in practice and in theory. One of the challenges arising from the development of globalization has to do with respect for cultural diversity. It is often said that the success of economic globalization tends towards social and cultural homogeneity. To the extent that cultural diversity is usually seen as a valuable reality, that global trend seems to contradict our efforts (...) to respect ethical pluralism, both personal and cultural, within society. In this paper I argue that ethical minimalism, despite its emphasis on tolerance and justice, does not take pluralism seriously into account in present-day society, and ethical minimalism is not suited to balancing the homogenizing trend of globalization. Certainly ethical norms are necessary, but by no means are they sufficient in themselves to encourage either justice or tolerance; nor are they sufficient to inspire and encourage good practices and sound regulations. Instead, virtue-based ethics has the capacity of inspiring and encouraging good practices. Particularly, virtue-based ethics is able to inspire a serious dialogue about ethical and legal issues both in the public arena and within organizations. (shrink)
The expression "a culture of freedom" is unmistakably modern. Yet its meaning is not immediately clear. My purpose in this paper is to clarify the possible meaning of this expression by taking Kant's practical philosophy as a point of reference. In order to do so, I will depart from Kant's explicit conception of culture, and try to relate it to his own distinction between external and internal freedom, especially as it appears in the Metaphysics of Morals.
Resumen: En este artículo reviso la interpretación de Eduardo Nicol de la teoría de la propiedad de Francisco Suárez. Para ello, presento la posición de Suárez acerca de la propiedad y la propiedad privada atendiendo dos cuestiones fundamentales. La primera es si la propiedad y la propiedad privada son derechos; la segunda es si ambos pertenecen a la naturaleza humana o no. Al final, argumento que la lectura de Nicol es insostenible, pues difícilmente puede admitirse que Suárez defendió algún tipo (...) de comunismo.: In this paper I revisit Eduardo Nicol’s interpretation of Suarez’s theory of property. To this purpose, I present Suárez’s account of property and private property focusing on two main aspects. The first is whether property and private property are rights; the second is whether they belong to the human nature or not. Finally, I argue that Nicol’s reading of Suárez is untenable for it can hardly be accepted that Suárez defended some kind of communism. (shrink)
Collaborative cross-sector business models for sustainability innovation in response to grand challenges are rich foci for tensions. This is the case of CCSBMSI targeting independent living through Information and Communication Technology–enabled care. This research aims at identifying the relevant tensions, understanding their interactions, and assessing how they can be effectively managed so that CCSBMSI become more valuable for partners and transformative for society. A conceptual framework that understands the management of interrelated institutional and interorganizational tensions as a dynamic capability is (...) substantiated through in-depth, qualitative analysis of the long-term dynamics of a four-sector CCSBMSI in telecare—including government, businesses, nonprofits, and informal actors. Its effects on the transition of business models in terms of value creation, delivery, and capture; on relevant stakeholders—particularly nonprofits and beneficiaries; and on the development of the sustainability innovation are discussed. The conceptualization, tension categories, and management capabilities of CCSBMSI are amplified. (shrink)
Attention is often conceived as a gateway to consciousness . Although endogenous spatial attention may be independent of conscious perception , exogenous spatial orienting seems instead to be an important modulator of CP . Here, we investigate the role of auditory alerting in CP in normal observers. We used a behavioral task in which phasic alerting tones were presented either at unpredictable or at predictable time intervals prior to the occurrence of a near-threshold visual target. We find, for the first (...) time in neurologically intact observers, that phasic alertness increases CP, both objectively and subjectively. This result is consistent with evidence showing that phasic alerting can ameliorate the spatial bias exhibited by visual neglect patients . The alerting network may increase the activity of fronto-parietal networks involved in top-down amplification required to bring a stimulus into consciousness. (shrink)
Purpose A survey of the attitudes of students in eight countries towards the revelations of mass surveillance by the US’ NSA and the UK’s GCHQ has been described in an introductory paper and seven country-specific papers. This paper aims to present a comparison of the results from these countries and draws conclusions about the similarities and differences noted. Design/methodology/approach A questionnaire was deployed in Germany, Japan, Mexico, New Zealand, The People’s Republic of China, Spain, Sweden and Taiwan. The original survey (...) was in English, translated into German, Japanese and Chinese for relevant countries. The survey consists of a combination of Likert scale, Yes/no and free-text responses. The results are quantitatively analysed using appropriate statistical tools and the qualitative answers are interpreted. Findings There are significant differences between respondents in the countries surveyed with respect to their general privacy attitudes and their willingness to follow Snowden’s lead, even where they believe his actions served the public good. Research limitations/implications Owing to resource limitations, only university students were surveyed. In some countries, the relatively small number of respondents limits the ability to make meaningful statistical comparisons between respondents from those countries and from elsewhere on some issues. Practical implications Snowden’s actions are generally seen as laudable and having had positive results, among the respondents surveyed. Such results should give pause to governments seeking to expand mass surveillance by government entities. Originality/value There have been few surveys regarding attitudes to Snowden’s revelations, despite the significant press attention and political actions that have flowed from it. The context of attitudes to both the actions he revealed and the act of revelation itself is useful in constructing political and philosophical arguments about the balance between surveillance activity for state security and the privacy of individual citizens. (shrink)
This paper considers the UN efforts to introduce a legally binding Treaty on corporate accountability for human rights impacts in the context of other proposed legislation at country level, on the one hand, and existing voluntary initiatives like the UN Guiding Principles, on the other. What we are interested in is whether the proposed Treaty signals a transition from voluntary initiatives to law, and the extent to which it might stimulate or hinder links between judicial and non-judicial initiatives. The scholars (...) who have explicitly addressed these two divides are – Michael Sandel, on theory v. practice; and Amartya Sen, on law v. morality. We engage with their views, in sections II and III respectively, seeking to build an integrated approach to help us overcome these dualisms. We further consider John Ruggie’s “principled pragmatism”, a strategy that he uses to build the Protect, Respect and Remedy Framework; and we invoke arguments from casuistry as well as a practice-focused deontology in favour of an ethics ‘beyond cognition’, which we consider better suited than either utilitarian or principle-based theories to guide the debate on human rights. This is because it allows us to take non-rational factors into account, when judging the kind of common good we consider worth pursuing. In the last section of the paper, we investigate whether and how might the Treaty illustrate the two divides, trying to distinguish between purely legal elements and those of a wider nature, to do with morality; and understand what might help bridge the gap between theoretical commitments to the universality of human rights and various practical challenges. Our aim is not to evaluate the Treaty, from a legal viewpoint, or suggest improvements to it ; rather, we seek to investigate the way in which the proposed Treaty – which is the first attempt to address the challenge of transnational business and human rights in international law – combines moral and legal aspects, and what this tells us about the world we live in. (shrink)