The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine.

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine. The result is a powerful argument in favour of reforming the moral and legal understanding of how and why we attribute responsibility to agents.

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

This study investigates whether the conscious awareness of action is based on predictive motor control processes, or on inferential “sense-making” process that occur after the action itself. We investigated whether the temporal binding between perceptual estimates of operant actions and their effects depends on the occurrence of the effect (inferential processes) or on the prediction that the effect will occur (predictive processes). By varying the probability with which a simple manual action produced an auditory effect, we showed that both the (...) actual and the predicted occurrence of the effect played a role. When predictability of the effect of action was low, temporal binding was found only on those trials where the auditory effect occurred. In contrast, when predictability of the effect of action was high, temporal binding occurred even on trials where the action produced no effect. Further analysis showed that the predictive process is modulated by recent experience of the action-effect relation. We conclude that the experience of action depends on a dynamic combination of predictive and inferential processes. (shrink)

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

This paper extends previous discussions of corporate character and corporate virtues. By drawing particularly on the work of Alasdair MacIntyre, it offers a perspective on context-dependent categories of the virtues. It then provides a philosophically grounded framework which enables a discussion of which virtues are required for business organizations to qualify as virtuous. It offers a preliminary taxonomy of such corporate virtues and provides a revised definition of corporate character.

This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions are the "same" (...) for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book contributes to the development of a coherent theory of action in philosophy. It provides a grounding in three of the most basic elements of criminal liability for legislators, judges, and the lawyers who argue to them. (shrink)

The Ethics of Nationalism blends philosophical discussion of the ethical merits and limits of nationalism with a detailed understanding of nationalist aspirations and a variety of national conflict zones. The author discusses the controversial and contemporary issues of rights of secession, the policies of the state in privileging a particular national group, the kinds of accommodations of minority national, and multi cultural identity groups that are justifiable and appropriate.

What should authorities establish as the job of ethics committees and review boards? Two answers are: review of proposals for consistency with the duly established and applicable code and review of proposals for ethical acceptability. The present paper argues that these two jobs come apart in principle and in practice. On grounds of practicality, publicity and separation of powers, it argues that the relevant authorities do better to establish code-consistency review and not ethics-consistency review. It also rebuts bad code and (...) independence arguments for the opposite view. It then argues that authorities at present variously specify both code-consistency and ethics-consistency jobs, but most are also unclear on this issue. The paper then argues that they should reform the job of review boards and ethics committees, by clearly establishing code-consistency review and disestablishing ethics-consistency review, and through related reform of the basic orientation, focus, name, and expertise profile of these bodies and their actions. (shrink)

We admire Heyes's attempt to develop a mechanistic account of norm cognition. Nonetheless, her account leaves us unsure of whom Heyes counts as normative agents, and on what grounds. Therefore we ask a series of questions designed to clarify which features of Heyes's account she thinks are necessary and sufficient for norm cognition.

In various areas of Anglo-American law, legal liability turns on causation. In torts and contracts, we are each liable only for those harms we havecausedby the actions that breach our legal duties. Such doctrines explicitly make causation an element of liability. In criminal law, sometimes the causal element for liability is equally explicit, as when a statute makes punishable any act that has “caused… abuse to the child….” More often, the causal element in criminal liability is more implicit, as when (...) criminal statutes prohibitkillings, maimings, rapings, burnings, etc. Such causally complex action verbs are correctly applied only to defendants who have caused death, caused disfigurement, caused penetration, caused fire damage, etc. (shrink)

Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow—or risk causing or allowing—such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did (...) not advert to the risk; (3) culpably acquiring or failing to rid oneself of these defects of character at some earlier time; (4) flawed use of those practical reasoning capacities that make one the person one is; or (5) chosen violation of per se rules about known precautions. Although each of these five theories can justify blame in some cases of negligence, none can justify blame in all cases intuitively thought to be cases of negligence, nor can any of these five theories show why inadvertent creation of an unreasonable risk, pure and simple, can be blameworthy. (shrink)

This study uses the ATBEQ, as published by J.F. Preble and A. Reichel (1988) to measure attitudes towards ethical business attitudes held by final year South African Bachelor of Commerce students at Rhodes University. Three samples of students were assessed over three consecutive years of 1989, 1990 and 1991, and results are compared with samples (1988) of American and Israeli students and a sample (1991) of Western Australian students. A significant difference in attitudes was found to exist between the Israeli (...) and South African samples. A factor analysis of the questionnaire identified eleven factors of which seven are theoretically labelled. A revised version of the ATBEQ is suggested which excludes the poorly performing questions. (shrink)

Freud justified his extensive theorizing about dreams by the observation that they were “the royal road” to something much more general: namely, our unconscious mental life. The current preoccupation with the theory of excuse in criminal law scholarship (including my own) can be given a similar justification, for the excuses are the royal road to theories of responsibility generally. The thought is that if we understand why we excuse in certain situations but not others, we will have also gained a (...) much more general insight into the nature of responsibility itself. Nowhere has this thought been more evident than in the century-old focus of criminal law theoreticians on the excuse of insanity, a focus that could not be justified by the importance of the excuse itself.In this paper I wish to isolate two theories of excuse, each of which instantiates its own distinctive theory of responsibility. One is what I shall call the choice theory of excuse, according to which one is excused for the doing of a wrongful action because and only because at the moment of such action's performance, one did not have sufficient capacity or opportunity to make the choice to do otherwise. Such a choice theory of excuse instantiates a more general theory of responsibility, according to which we are responsible for wrongs we freely choose to do, and not responsible for wrongs we lacked the freedom (capacity and opportunity) to avoid doing. The second I shall call the character theory of excuse, according to which one is excused for the doing of a wrongful action because and only because such action is not determined by (or in some other way expressive of) those enduring attributes of ourselves we call our characters. (shrink)

Jaegwon Kim argues that unreduced mental causes are excluded from efficacy because physical causes are sufficient in themselves. One response to this causal exclusion argument is to embrace some form of overdetermination. In this paper I consider two forms of overdetermination. Independent overdetermination suggests that two individually sufficient causes bring about one effect. This model fails because the sufficiency of one cause renders the other cause unnecessary. Dependent overdetermination suggests that a physical cause is necessary and sufficient for a given (...) effect, but it necessitates a mental cause of the effect as well. This model fails because the necessity of the mental cause renders the physical cause individually insufficient. (shrink)

Catholic Social Teaching aspires to an economy that serves needs, upholds justice, and inculcates subsidiarity. But it suffers from a significant omission—it fails to look “inside” the business organisations that comprise the fundamental building blocks of the economic system. It is therefore ill-equipped to suggest how businesses could be reformed to meet these aspirations. MacIntyre’s Thomistic Aristotelian account of the relationships between goods, virtues, practices and institutions provides resources that could enable CST to overcome this lacuna. This paper describes the (...) MacIntyrean account and compares it with CST’s existing categories. It then analyses the case of the Lloyds Banking Group. This allows not only diagnosis, but potentially a prescriptive account of how virtue may be “crowded-in” to business organisations. The paper concludes by suggesting that this approach might make a distinctive contribution to CST, and hence enable CST to make an even more significant contribution to business ethics. (shrink)

This essay involves exploration of certain repercussions of Bernard Williams’ view that there is, in Wittgenstein’s later work, a transcendental idealism akin to that found in the Tractatus—sharing with it the feature that it cannot be satisfactorily stated. It is argued that, if Williams is right, then Wittgenstein’s later work precludes a philosophically substantial theory of meaning; for such a theory would force us to try to state the idealism. In a postscript written for the reprint of the essay, reasons (...) are given for thinking that Williams is not right: Wittgenstein’s later work actually helps us to repudiate as ill-conceived all those questions whose answers invite us to embrace any such idealism. But the main thesis of the essay remains intact. Indeed the idea that Wittgenstein’s later work precludes a philosophically substantial theory of meaning is reinforced. (shrink)

Conceptual Foundations of Radical Behaviorism is intended for advanced undergraduate or beginning graduate students in courses within behavior analytic curricula dealing with conceptual foundations and radical behaviorism as a philosophy. Each chapter of the text presents what radical behaviorism says about an important topic in a science of behavior, and then contrasts the radical behaviorist perspective with that of other forms of behaviorism, as well as other forms of psychology.

This collection explores the subject of conflicts of interest. It investigates how to manage conflicts of interest, how they can affect well-meaning professionals, and how they can limit the effectiveness of corporate boards, undermine professional ethics, and corrupt expert opinion. Legal and policy responses are considered, some of which (e.g., disclosure) are shown to backfire and even fail. The results offer a sobering prognosis for professional ethics and for anyone who relies on professionals who have conflicts of interest. The contributors (...) are leading authorities on the subject in the fields of law, medicine, management, public policy, and psychology. The nuances of the problems posedby conflicts of interest will be highlighted for readers in an effort to demonstrate the manyways that structuring incentives can affect decision making and organizations' financial well-being. (shrink)

This is a book about the philosophy of Henri Bergson which shows how relevant Bergson is to much contemporary philosophy. The book takes as its point of departure Bergson's insistence on precision in philosophy. It then discusses a variety of topics including laughter, the nature of time as experienced, how intelligence and language should be construed as a pragmatic product of evolution, and the antinomies of reason represented by magic and religion. This is not just another exposition of Bergson's work. (...) It offers an account of why Bergson commanded such a massive reading public in his own day and why he deserves to be read now. Written in a terse and clear style, this book will prove appealing to teachers and students of philosophy, cognitive science, psychology, religious studies and literature. (shrink)

This article considers the emergence of world environmental history as a rapidly growing but undertheorized research field. Taking as its central problematic the gap between the fertile theorizations of environmentally-oriented social scientists and the empirically rich studies of world environmental historians, the article argues for a synthesis of theory and history in the study of longue dureesocio-ecological change. This argument proceeds in three steps. First, I offer an ecological reading of Immanuel Wallerstein's The Modern World-System. Wallerstein's handling of the ecological (...) dimensions of the transition from feudalism to capitalism is suggestive of a new approach to world environmental history. Second, I contend that Wallerstein's theoretical insights may be effectively complemented by drawing on Marxist notions of value and above all the concept of “metabolic rift,” which emphasize the importance of productive processes and regional divisions of labor within the modern world-system. Finally, I develop these theoretical discussions in a short environmental history of the two great “commodity frontiers” of early capitalism – the sugar plantation and the silver mining complex. (shrink)

There has been much discussion of whether there could be objects A and B that are “individuatively vague” in the following way: object A and object B neither determinately stand in the relation of identity to one another, nor do they determinately fail to stand in this relation. If there are objects of this type, then we would have a genuine case of metaphysical vagueness, or “vagueness-in-the-world.” The possibility of vague objects in this sense strikes many as incoherent. The possibility’s (...) very description not only seems to talk of two objects but, much worse, it seems to point to a feature that distinguishes them: unlike object A, object B is not determinately identical to object A. This suspicion of incoherence is voiced in the famous arguments given against the possibility by Gareth Evans and Nathan Salmon. But the status of those arguments and others is uncertain. Here I present a new argument against vague objects — or more precisely, against the possibility of individuatively vague objects that satisfy an important and common additional condition that I will call “Democracy.” Since my argument turns on a connection between what is indeterminate and what is possible, I call it “the modal argument.”. (shrink)

Catholic Social Teaching aspires to an economy that serves needs, upholds justice, and inculcates subsidiarity. But it suffers from a significant omission—it fails to look “inside” the business organisations that comprise the fundamental building blocks of the economic system. It is therefore ill-equipped to suggest how businesses could be reformed to meet these aspirations. MacIntyre’s Thomistic Aristotelian account of the relationships between goods, virtues, practices and institutions provides resources that could enable CST to overcome this lacuna. This paper describes the (...) MacIntyrean account and compares it with CST’s existing categories. It then analyses the case of the Lloyds Banking Group. This allows not only diagnosis, but potentially a prescriptive account of how virtue may be “crowded-in” to business organisations. The paper concludes by suggesting that this approach might make a distinctive contribution to CST, and hence enable CST to make an even more significant contribution to business ethics. (shrink)

Catholic Social Teaching aspires to an economy that serves needs, upholds justice, and inculcates subsidiarity. But it suffers from a significant omission—it fails to look “inside” the business organisations that comprise the fundamental building blocks of the economic system. It is therefore ill-equipped to suggest how businesses could be reformed to meet these aspirations. MacIntyre’s Thomistic Aristotelian account of the relationships between goods, virtues, practices and institutions provides resources that could enable CST to overcome this lacuna. This paper describes the (...) MacIntyrean account and compares it with CST’s existing categories. It then analyses the case of the Lloyds Banking Group. This allows not only diagnosis, but potentially a prescriptive account of how virtue may be “crowded-in” to business organisations. The paper concludes by suggesting that this approach might make a distinctive contribution to CST, and hence enable CST to make an even more significant contribution to business ethics. (shrink)

The aim of this essay is to characterize the issue whether tense is real. Roughly, this is the issue whether, given any tensed representation, its tense corresponds in some suitably direct way to some feature of reality. The task is to make this less rough. Eight characterizations of the issue are considered and rejected, before one is endorsed. On this characterization, the unreality of tense is equivalent to the unity of temporal reality. The issue whether tense is real, so characterized, (...) is then related to Kant’s deduction of the categories in his Critique of Pure Reason. It is argued that Kant’s deduction does not provide the argument for the unreality of tense that it may appear to. The conclusion drawn at the end of the essay is that the unreality of tense cannot be argued for—not because tense is real, but because, even if it is unreal, its unreality is basic. (shrink)

A characterization of transcendental arguments is proffered, whereby they yield conclusions about how things are via intermediate conclusions about how we must think that they are. A variant kind of argument is then introduced. Arguments of this variant kind are dubbed ‘conative’ transcendental arguments: these yield conclusions about how it is desirable for things to be via intermediate conclusions about how we must desire that they are. The prospects for conative transcendental arguments are considered. It is argued that, although they (...) can never be of practical use, they may nevertheless be of use in dissolving certain applications of the debate—initiated by Bernard Williams—about whether anyone can have an ‘external’ reason to do anything, that is to say a reason that is not grounded in some desire of the person’s, in a suitably broad sense of ‘desire’. The relevance of conative transcendental arguments to this debate is that they highlight desires that we cannot help having and with respect to which the debate lacks any suitable focus. In the final section of the essay five conative transcendental arguments deriving from the work of five moral philosophers are briefly considered. (shrink)

While there are reasons to believe that both component forces and a resultant force operate on a body in combined circumstances, the threat of overdetermination largely prevents adoption of this view. Accordingly, a lively debate has arisen over which force actually exists and which force is eliminated in combined circumstances, the components or the resultant. In this article I present a non-reductive model of resultant force which ensures the existence of both the resultant force and the component forces without overdetermination. (...) According to the non-reductive model, the resultant force is the summation of component forces, where summation is interpreted as meaning that the component forces, when temporally and spatially overlapping, form a superposed mixture which is the resultant force, but which is not identical to the conjunction of component forces taken with temporal and spatial independence. (shrink)

This paper develops a set of 16 criteria, divided into four groupings, for responsible business practice (RBP) in Small and Medium-Sized Enterprises (SMEs) drawn from the existing SME/RBP literature. The current lack of a general set of criteria against which such activity can be judged is noted and this deficit is redressed. In order to make an initial assessment in support of the criteria so derived, an exploratory feasibility study of RBP in U.K. Fair Trade organisations was conducted. The findings (...) from this study show that most but not all of the RBP criteria seem to be applicable to U.K. Fair Trade organisations but it is recommended that the complete set of criteria continues to be used in further research until such time as there is a general consensus as to which criteria are appropriate. Implications for RBP in small businesses in general, and for Fair Trade organisations in particular, are drawn out and suggestions for further research are identified. (shrink)

Stephen Morse has long proclaimed there to be a “fundamental psycho-legal error” that is regularly made by legal and social/psychological/medical science academics alike. This is the error of thinking that causation of human choice by factors themselves outside the chooser’s control excuses that chooser from moral responsibility. In this paper, I examine Morse’s self-labelled “internalist” defense of his thesis that this is indeed an error, and finds such internalist defense incomplete; needed is the kind of externalist defense of Morse’s thesis (...) that can only be provided by a worked-out compatibilist moral philosophy. The body of the paper outlines the kinds of compatibilisms that are plausible, contrasting them with two less plausible attempts to salvage responsibility in the face of an advancing neuroscientific determinism. These two less plausible rescue attempts, libertarianism and fictionalism, each seek to salvage responsibility even while not disavowing the FPLE. (shrink)

: In the Cambridge Conferences Lectures of 1898 Peirce defines a continuum as a "collection of so vast a multitude" that its elements "become welded into one another." He links the transinfinity (the "vast multitude") of a continuum to the confusion of its elements by a line of mathematical reasoning closely related to Cantor's Theorem. I trace the mathematical and philosophical roots of this conception of continuity, and examine its unresolved tensions, which arise mainly from difficulties in Peirce's theory of (...) collections. (shrink)

What gave rise to Ernst Zermelo's axiomatization of set theory in 1908? According to the usual interpretation, Zermelo was motivated by the set-theoretic paradoxes. This paper argues that Zermelo was primarily motivated, not by the paradoxes, but by the controversy surrounding his 1904 proof that every set can be wellordered, and especially by a desire to preserve his Axiom of Choice from its numerous critics. Here Zermelo's concern for the foundations of mathematics diverged from Bertrand Russell's on the one hand (...) and from Felix Hausdorff's on the other. (shrink)