Helmut Schelsky war in den 1950er und 1960er Jahren einer der wichtigsten Akteure in der westdeutschen Soziologie. Seine Rechtssoziologie verdient dabei besondere Beachtung, denn das Recht war für Schelsky die Grundlage einer stabilen, sich fortwährend modernisierenden demokratischen Gesellschaft. Schelsky, der seit 1960 den Lehrstuhl für Rechtssoziologie, Rechts- und Sozialphilosophie an der Westfälischen Wilhelms-Universität Münster innehatte, entwickelte eine anthropologisch begründete Theorie und Soziologie des Rechts, die in der Nachfolge Rudolf von Jherings und Max Webers als »nachpositiver Rechtsrealismus« bezeichnet werden kann.

So‐called nudge policies utilize insights from behavioral science to achieve policy outcomes. Nudge policies try to improve people's decisions by changing the ways options are presented to them, rather than changing the options themselves or incentivizing or coercing people. Nudging has been met with great enthusiasm but also fierce criticism. This paper provides an overview of the debate on the ethics of nudging to date. After outlining arguments in favor of nudging, we first discuss different objections that all revolve around (...) the worry that nudging vitiates personal autonomy. We split up this worry into different dimensions of autonomy, such as freedom of choice, volitional autonomy, rational agency, and freedom as nondomination. We next discuss worries that nudging is manipulative, violates human dignity, and prevents more important structural reform. Throughout, we will present responses that proponents of nudging can muster. On the whole, we conclude that the objections fail to establish that the nudge program as a whole should be rejected. At the same time, they give us important guidance when moving towards an ethical assessment of nudges on a case‐by‐case basis. Towards the end, we provide some possible ways forward in debates around the ethics of nudging. (shrink)

Andreas Stokke presents a comprehensive study of lying and insincere language use. He investigates how lying relates to other forms of insincerity and explores the kinds of attitudes that go with insincere uses of language. -/- Part I develops an account of insincerity as a linguistic phenomenon. Stokke provides a detailed theory of the distinction between lying and speaking insincerely, and accounts for the relationship between lying and deceiving. A novel framework of assertion underpins the analysis of various kinds (...) of insincere speech, including false implicature and forms of misleading with presuppositions, prosodic focus, and semantic incompleteness. -/- Part II sets out the relationship between what is communicated and the speaker's attitudes. Stokke develops the view of insincerity as a shallow phenomenon that is dependent on conscious attitudes rather than deeper motivations. The various of ways of speaking while being indifferent toward what one communicates are covered, and the phenomenon of 'bullshitting' is distinguished from lying and other forms of insincerity. Finally, an account of insincere uses of interrogative, imperative, and exclamative utterances is also given. (shrink)

The wishes of registered organ donors are regularly set aside when family members object to donation. This genuine overruling of the wishes of the deceased raises difficult ethical questions. A successful argument for providing the family with a veto must (a) provide reason to disregard the wishes of the dead, and (b) establish why the family should be allowed to decide. One branch of justification seeks to reconcile the family veto with important ideas about respecting property rights, preserving autonomy, and (...) preventing harm. These arguments are ultimately unsuccessful. Another branch of arguments is consequentialist, pointing out the negative consequences of removing the veto. Whether construed as concerning family distress or as a potential drop in the organs available, these arguments are unsuccessful; the first fails to recognize the tremendous distress associated with waiting for an organ, while the second has little supporting evidence. A final section considers and rejects whether combining some of the arguments just examined could justify the family veto. We should thus remove the family veto in organ donation. (shrink)

This article works out the main characteristics of `practice theory', a type of social theory which has been sketched by such authors as Bourdieu, Giddens, Taylor, late Foucault and others. Practice theory is presented as a conceptual alternative to other forms of social and cultural theory, above all to culturalist mentalism, textualism and intersubjectivism. The article shows how practice theory and the three other cultural-theoretical vocabularies differ in their localization of the social and in their conceptualization of the body, mind, (...) things, knowledge, discourse, structure/process and the agent. (shrink)

My paper consists of three chapters. The first chapter deals with the concept of Nietzsche’s usage of “immanence;” I will be tracing his usage of this term. My second point is a more general one. I would like to focus on the question as to whether it is possible for Nietzsche to have a strong concept of immanence, particularly when we recall that Nietzsche clearly formulates his strong opposition to all ideas of transcendence. Might any immanence at all be retained (...) here? The third chapter contains an in-depth examination of two sections of Beyond Good and Evil, Sections 3 and 6. I think we are able to note some important aspects in these passages as we seek to understand whether Nietzsche has any kind of idea or concept of immanence. (shrink)

Background It is a common ethical challenge for ambulance clinicians to care for patients with impaired decision-making capacities while assessing and determining the degree of decision-making ability and considering ethical values. Ambulance clinicians’ ethical competence seems to be increasingly important in coping with such varied ethical dilemmas. Ethics rounds is a model designed to promote the development of ethical competence among clinicians. While standard in other contexts, to the best of our knowledge, it has not been applied within the ambulance (...) service context. Thus, the aim of this study was to describe ambulance clinicians’ experiences of participating in ethics rounds. Methods This was a qualitative descriptive study, evaluating an intervention. Data were collected through sixteen interviews with ambulance clinicians who had participated in an intervention involving ethics rounds. The analysis was performed by use of content analysis. Results Two themes describe the participants’ experiences: (1) Reflecting freely within a given framework, and (2) Being surprised by new insights. The following categories form the basis of the themes; 1a) Gentle guidance by the facilitator, 1b) A comprehensible structure, 2a) New awareness in the face of ethical problems, and 2b) Shared learning through dialogue. Conclusion Incorporating structured ethics rounds seems to create a continuous development in ethical competence that may improve the quality of care in the ambulance service. Structured guidance and facilitated group reflections offer ambulance clinicians opportunities for both personal and professional development. An important prerequisite for the development of ethical competence is a well-educated facilitator. Consequently, this type of ethics rounds may be considered a useful pedagogical model for the development of ethical competence in the ambulance service. (shrink)

This article explores how neutralisation can explain people's lack of commitment to buying Fair Trade products, even when they identify FT as an ethical concern. It examines the theoretical tenets of neutralisation theory and critically assesses its applicability to the purchase of FT products. Exploratory research provides illustrative examples of neutralisation techniques being used in the FT consumer context. A conceptual framework and research propositions delineate the role of neutralisation in explaining the attitude-behaviour discrepancies evident in relation to consumers' FT (...) purchase behaviour, providing direction for further research that will generate new knowledge of consumers' FT purchase behaviour and other aspects of ethical consumer behaviour. (shrink)

Confronted with mounting pressure to ensure accountability vis-à-vis customers, citizens and beneficiaries, organizational leaders need to decide how to choose and implement so-called accountability standards. Yet while looking for an appropriate standard, they often base their decisions on cost-benefit calculations, thus neglecting other important spheres of influence pertaining to more broadly defined stakeholder interests. We argue in this paper that, as a part of the strategic decision for a certain standard, management needs to identify and act according to the needs (...) of all stakeholders. We contend that the creation of a dialogical understanding among affected stakeholders cannot be a mere outcome of applying certain accountability standards, but rather must be a necessary precondition for their use. This requires a stakeholder dialogue prior to making a choice. We outline such a discursive decision framework for accountability standards based on the Habermasian concept of communicative action and, in the final section, apply our conceptual framework to one of the most prominent accountability tools (AA 1000). (shrink)

Many philosophers believe that there exist distinctive obstacles to relying on moral testimony. In this paper, I criticize previous attempts to identify these obstacles and offer a new theory. I argue that the problems associated with moral deference can't be explained in terms of the value of moral understanding, nor in terms of aretaic considerations related to subjective integration. Instead, our uneasiness with moral testimony is best explained by our attachment to an ideal of authenticity that places special demands on (...) our moral beliefs. (shrink)

A curious feature of Belnap’s “useful four-valued logic”, also known as first-degree entailment (FDE), is that the overdetermined value B (both true and false) is treated as a designated value. Although there are good theoretical reasons for this, it seems prima facie more plausible to have only one of the four values designated, namely T (exactly true). This paper follows this route and investigates the resulting logic, which we call Exactly True Logic.

Responsibility as accountability is normally taken to have stricter control conditions than responsibility as attributability. A common way to argue for this claim is to point to differences in the harmfulness of blame involved in these different kinds of responsibility. This paper argues that this explanation does not work once we shift our focus from other-directed blame to self-blame. To blame oneself in the accountability sense is to feel guilt and feeling guilty is to suffer. To blame oneself in the (...) attributability sense, it will be argued, is to feel shame and feeling shame is also to suffer. The different control conditions cannot be explained by a difference in the harm of blame. Instead, this paper argues that accountability and attributability are governed by different kinds of appropriateness: an agent S is accountability blameworthy for X only if S deserves to feel guilty; an agent S is attributability blameworthy for X only if it is fitting that S feels shame for X. (shrink)

This paper defends a version of the realist view that fictional characters exist. It argues for an instance of abstract realist views, according to which fictional characters are roles, constituted by sets of properties. It is argued that fictional names denote individual concepts, functions from worlds to individuals. It is shown that a dynamic framework for understanding the evolution of discourse information can be used to understand how roles are created and develop along with story content. Taking fictional names to (...) denote individual concepts provides accounts of a number of uses of fictional names. These include non-fictional uses, fictional uses, metafictional uses, interfictional uses, counterfictional uses, and negative existentials. It is argued that this account is not open to objections that have been raised in the literature. (shrink)

This paper argues for an account of fictional force, the central characteristic of the kind of non-assertoric speech act that authors of fictions are engaged in. A distinction is drawn between what is true in a fiction and the _fictional record_ comprising what the audience has been told. The papers argues that to utter a sentence with fictional force is to intend that its content be added to a fictional record. It is shown that this view accounts for phenomena such (...) as conversational implicatures in fictional discourse. Moreover, the view is seen to provide an attractive way of distinguishing fictional utterances from assertoric utterances. As a consequence, this account of fictional force offers a satisfactory way of distinguishing fiction from lying. (shrink)

You were one of the noblest, the most genuine people, who have ever walked this earth. And though both friend and foe know this, I don't think it unwarranted to verbally bear witness to it before your grave. For we know the world, we know Spinoza's fate. For the world could lay shadows around Nietzsche's memory as well. And therefore I conclude with the words: Peace to your ashes! Holy be thy name to all those to come!1The only historical person (...) Peter Gast puts in relation to his much-revered master in these closing words of the funeral oration he delivered in front of Friedrich Nietzsche's open grave in Röcken on August 28, 1900, is Baruch de Spinoza.2 His intentions are clear: Nietzsche is to avoid the fate of .. (shrink)

The article summarizes the content of Andreas Reckwitz’s book The Society of Singularities in 10 theses and briefly links it to the author’s overall work. The Society of Singularities applies a practice theory approach in order to outline a theory of Western (late-)modernity which recognizes in it a basic rivalry between two logics of social evaluation: a social logic of the general and a social logic of the particular/ singular. The question arises which historical causes for the surge of (...) the social logic of uniqueness since the 1980s can be discerned, which structural features this type of society unfolds and which social and political consequences it has. (shrink)

Upon discovering that certain beliefs we hold are contingent on arbitrary features of our background, we often feel uneasy. I defend the proposal that if such cases of contingency anxiety involve defeaters, this is because of the epistemic significance of disagreement. I note two hurdles to our accepting this Disagreement Hypothesis. Firstly, some cases of contingency anxiety apparently involve no disagreement. Secondly, the proposal may seem to make our awareness of the influence of arbitrary background factors irrelevant in determining whether (...) to revise our beliefs. I show that each of these problems can be successfully accommodated by the Disagreement Hypothesis. (shrink)

‘Practice theory’—a theory program that connects the goal of offering non-rationalist explanations to a strong focus on everyday routine activities, and builds on the work of Bourdieu but tries to gain a less narrow perspective—is being used more and more widely in the social sciences. Its advocates often argue that, since practice theory is a heuristic for doing empirical work, discussing it without addressing this empirical work cannot do justice to it. Therefore, this article analyses Reckwitz’s recently translated book on (...) The Society of Singularities, which its author presents as an example of the advantages of (one dominant version of) practice theory. As will be shown, the book demonstrates that this version of practice theory does not fulfil its promises. Looking at its difficulties is instructive, however, because it helps see more clearly how the goal of an integrative ‘theory of practice’ could be achieved. (shrink)

I explore the limits of corporate responsibility standards – for example Social Accountability 8000 (SA 8000), the Global Reporting Initiative, the Fair Labor Association workplace code – by looking at these initiatives through Derrida's aporias of justice as set out in 'Force of Law: The "Mystical Foundation of Authority"'. Based on a discussion of SA 8000, I uncover the unavoidable aporias that are associated with the use of this standard. I contribute to the literature on corporate responsibility standards in general (...) and SA 8000 in particular by showing (a) that attempts to standardise corporate responsibility can only be successful insofar as we recognise that compliance with SA 8000's rules requires a 'fresh judgement' every time they are applied, (b) that SA 8000 should not be pushed down the supply chain as such coercion does not require a truly responsible decision by suppliers and eventually leads to moral mediocrity and (c) that the necessarily time-consuming reflections about the singular contexts within which SA 8000 is applied challenge the urgent need for implementing this standard. I discuss the implications of my analysis of SA 8000 for corporate responsibility standards in general. (shrink)

This paper tries to explain why racial profiling involves a serious injustice and to do so in a way that avoids the problems of existing philosophical accounts. An initially plausible view maintains that racial profiling is pro tanto wrong in and of itself by violating a constraint on fair treatment that is generally violated by acts of statistical discrimination based on ascribed characteristics. However, consideration of other cases involving statistical discrimination suggests that violating a constraint of this kind may not (...) be an especially serious wrong in and of itself. To fully capture the significant wrong that occurs when racial profiling is targeted at black Americans or other similarly situated groups, it is argued that we should appeal to the idea that this basic injustice is exacerbated when it forms part of a larger pattern of similar actions that collectively realize a state of cumulative injustice. (shrink)

ABSTRACT This essay suggests that we should understand the varieties of “popular science” as part of a larger phenomenon: the changing set of processes, practices, and actors that generate and transform public knowledge across time, space, and cultures. With such a reconceptualization we can both de‐essentialize and historicize the idea of “popularization,” free it from normative notions, and move beyond existing imbalances in scholarship. The history of public knowledge might thus find a central place in many fundamental narratives of the (...) modern world. More specifically, the essay proposes that we pay more attention to forms of knowledge outside the realm of “science,” embrace the richness, traffic, and transfer of public knowledge on a transnational scale as well as in comparative perspective, and rethink conventional forms of periodization. (shrink)

Friedrich Nietzsche was among the figures from the history of nineteenth century philosophy that, perhaps surprisingly, some of the Vienna Circle’s members had presented as one of their predecessors. While, primarily for political reasons, most Anglophone figures in the history of analytic philosophy had taken a dim view of Nietzsche, the Vienna Circle’s leader Moritz Schlick admired and praised Nietzsche, rejecting what he saw as a misinterpretation of Nietzsche as a militarist or proto-fascist. Schlick, Frank, Neurath, and Carnap were in (...) different ways committed to the view that Nietzsche made a significant contribution to the overcoming of metaphysics. Some of these philosophers praised the intimate connection Nietzsche drew between his philosophical outlook and empirical studies in psychology and physiology. In his 1912 lectures on Nietzsche, Schlick maintained that Nietzsche overcame an initial Schopenhauerian metaphysical-artistic phase in his thinking, and subsequently remained a positivist until his last writings. Frank and Neurath made the weaker claim that Nietzsche contributed to the development of a positivistic or scientific conception of the world. Schlick and Frank took a further step in seeing the mature Nietzsche as an Enlightenment thinker. (shrink)

People usually regard algorithms as more abstract than the programs that implement them. The natural way to formalize this idea is that algorithms are equivalence classes of programs with respect to a suitable equivalence relation. We argue that no such equivalence relation exists.

Whether meaning is compositional has been a major issue in linguistics and formal philosophy of language for the last 2 decades. Semantic holism is widely and plausibly considered as an objection to the principle of semantic compositionality therein. It comes as a surprise that the holistic peculiarities of scientific language have been rarely addressed in formal accounts so far, given that semantic holism has its roots in the philosophy of science. For this reason, a model-theoretic approach to semantic holism in (...) the language of science is presented here. This approach preserves compositionality to a large extent. *Received September 2009; revised February 2010. †To contact the author, please write to: Seminar for Philosophy, Logic, and Theory of Science, Hauspostfach 49, Ludwig-Maximilians-Universität, Munich 80539, Germany; e-mail: holger.andreas@lrz.uni-muenchen.de. (shrink)

Many philosophers believe that natural selection explanations debunk our moral beliefs or would do so if moral realism were true, relying on the assumption that explanations of this kind show that moral facts play no role in explaining human moral beliefs. Here I argue that this assumption rests on a confusion of proximate and ultimate explanatory factors. Insofar as evolutionary debunking arguments hinge on the assumption that moral facts play no role in explaining human moral beliefs, these arguments fall short.

As the debate over an English opt-out policy for organ procurement intensifies, assessing existing experiences becomes even more important. The Welsh introduction of opt-out legislation provides one important point of reference. With the introduction of deemed consent in December 2015, Wales became the first part of the UK to introduce an opt-out system in organ procurement. My article ‘Deemed consent: assessing the new opt-out approach to organ procurement in Wales’ conducted an early assessment of this.1 Taking its starting point in (...) important concerns often raised in discussion over opt-out legislation, it identified four key parameters to assess the effects. These are living donor rates, deceased donor rates, donor registrations and family refusals. My article compares these indicators before and after the enactment of the Welsh legislation employing a different-in-different design. In his reply to my article ‘Deemed consent: assessing the new opt-out approach to organ procurement in Wales’, Jordan Alexander Parsons offers two interesting critiques. The first pertains to the choice of indicators. Parsons prefer a narrower focus on the effect on deceased donor rates. The second pertains to the choice of data, Parsons preferring a time series of Wales to my different-in-different design. Parsons refers mainly to the official Welsh evaluation,2 a report I also cited in supplement to the NHS Activity Report data I employed. …. (shrink)

Does reasoning to a certain conclusion necessarily involve a normative belief in support of that conclusion? In many recent discussions of the nature of reasoning, such a normative belief condition is rejected. One main objection is that it requires too much conceptual sophistication and thereby excludes certain reasoners, such as small children. I argue that this objection is mistaken. Its advocates overestimate what is necessary for grasping the normative concepts required by the condition, while seriously underestimating the importance of such (...) concepts for our most fundamental agential capacities. Underlying the objection is the observation that normative thoughts do not necessarily cross our minds during reasoning. I show that proponents of the normative belief condition can accommodate this observation by taking the required normative belief to guide the reasoning process and offer a novel account of what such guidance consists in. (shrink)

A common objection to the precautionary principle is that it is irrational. I argue that this objection goes beyond the often-discussed claim that the principle is incoherent. Instead, I argue, exp...

The United Nations Global Compact – which is a Global Public Policy Network advocating 10 universal principles in the areas of human rights, labor standards, environmental protection, and anticorruption – has turned into the world's largest corporate responsibility initiative. Although the Global Compact is often characterized as a promising way to address global governance gaps, it remains largely unclear why this is the case. To address this problem, we discuss to what extent the initiative represents an institutional solution to exercise (...) global governance. We suggest that new governance modes, which have arisen in the context of globalization, often adopt a multiactor, multilevel, and network-based approach. We then analyze how far the Global Compact's institutional design reflects this multiactor, multilevel, and network-based steering mode. Drawing on this discussion, we offer suggestions regarding how the initiative can be further developed. (shrink)

Review: Shlomi Segall (2013) Equality and opportunity.

ABSTRACTContemporary accounts of knowing one’s own mental states can be instructively supplemented by early modern accounts that understand self-knowledge as an important factor for flourishing human life. This article argues that in the early modern French moralists, one finds diverging conceptions of how knowing one’s own personal qualities could constitute a kind of human excellence: François de la Rochefoucauld argues that the value of knowing one’s own character faults could contribute to an attitude of self-acceptance that liberates one from the (...) effort of deceiving oneself and others. Madeleine de Scudéry argues that knowing one’s own character faults could be an incentive for self-cultivation that leads to the development of character traits that are naturally good. Anne-Thérèse de Lambert concurs with Scudéry’s insight and develops it further. According to Lambert, self-knowledge is crucial for developing character traits that give rise to the natural right of bei... (shrink)

We prove some restrictions on the possible cofinalities of ultrapowers of the natural numbers with respect to ultrafilters on the natural numbers. The restrictions involve three cardinal characteristics of the continuum, the splitting number s, the unsplitting number r, and the groupwise density number g. We also prove some related results for reduced powers with respect to filters other than ultrafilters.

In the effort to address the persistent organ shortage it is sometimes suggested that we should incentivize people to sign up as organ donors. One way of doing so is to give priority in the allocation of organs to those who are themselves registered as donors. Israel introduced such a scheme recently and the preliminary reports indicate increased donation rates. How should we evaluate such initiatives from an ethical perspective? Luck egalitarianism, a responsibility-sensitive approach to distributive justice, provides one possible (...) justification: Those who decide against being organ donors limit the health care resources available to others. As such, a priority rule can be justified by a luck egalitarian approach to distributive justice. Furthermore, a priority rule inspired by luck egalitarianism is well equipped to avoid prominent criticisms of such a procurement system. Luck egalitarianism provides us with reaons to exempt people who are not responsible for their inability to donate from receiving lower priority, provide sufficient information about donation, and mitigate social and natural circumstances affecting people’s choice to donate. (shrink)

This paper investigates different modes of organizing for corporate social responsibility (CSR). Based on insights from organization theory, we theorize two ways to organize for CSR. “Complete” organization for CSR happens within businesses and depends on the availability of certain organizational elements (e.g., membership, hierarchy, rules, monitoring, and sanctioning). By contrast, “partial” organization for CSR happens when organizers do not have direct access to all these organizational elements. We discuss partial organization for CSR by analyzing how standards and cross-sector partnerships (...) make selective use of organizational elements. We maintain that an important feature of the increasing institutionalization of CSR—not only within businesses but also among non-governmental, governmental, and professional actors—is the rise of partial forms of organization. We discuss the contributions to this Special Issue in the context of our theorization of complete/partial organization for CSR and outline avenues for further research. (shrink)

We prove several theorems about the cardinal $\mathfrak{g}$ associated with groupwise density. With respect to a natural ordering of families of nond-ecreasing maps fromω toω, all families of size $< \mathfrak{g}$ are below all unbounded families. With respect to a natural ordering of filters onω, all filters generated by $< \mathfrak{g}$ sets are below all non-feeble filters. If $\mathfrak{u}< \mathfrak{g}$ then $\mathfrak{b}< \mathfrak{u}$ and $\mathfrak{g} = \mathfrak{d} = \mathfrak{c}$ . (The definitions of these cardinals are recalled in the introduction.) Finally, (...) some consequences deduced from $\mathfrak{u}< \mathfrak{g}$ by Laflamme are shown to be equivalent to $\mathfrak{u}< \mathfrak{g}$. (shrink)

It helps ordinary citizens evaluate their options and their responsibility for global institutional factors, and it challenges social scientists to address the causes of poverty and hunger that act across borders.The present volume ...

A number of multinational enterprises have come under ethical scrutiny over the recent decades. In some cases, this may be due to a lack of maturity of corporate moral reasoning. The article is based on a framework developed by Lawrence Kohlberg. He suggested three main stages of moral development: They are (1) pre-conventional moral reasoning, (2) conventional and (3) post-conventional moral reasoning. The article places different approaches to business ethics into the framework developed by Kohlberg. It is argued that the (...) first two stages form an insufficient basis for ethical guidance for multinational organizations. Five post-conventional ethical perspectives are presented to assist MNC's in their analysis in order to uncover the possible dilemmas, to avoid harming others and also to avoid costly embarrassment at the hands of critics. (shrink)

When Nietzsche published his pamphlet The Case of Wagner in 1888 he succeeded in catching the attention of the reading public after many years of neglect. His radical critique of Wagner is viewed as influential in reception history. The Twilight of the Idols captures the essence of Nietzsche's late philosophy. The work shows Nietzsche at the high point of his creative powers and provides a vivid example of experimental philosophy in practice.