The focus of this book is on the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law. How do the normative effects of automated decision systems or the interventions of robotic fellow 'beings' compare to the legal effect of written and unwritten law? To investigate these questions the book brings together two disciplinary perspectives rarely combined within the framework of one volume. One starts from the perspective of 'code and law' and the (...) other develops from the domain of 'law and literature'. Integrating original analyses of relevant novels or films, the authors discuss how computational technologies challenge traditional forms of legal thought and affect the regulation of human behavior. Thus, pertinent questions are raised about the theoretical assumptions underlying both scientific and legal practice. (shrink)

Combining her expertise in legal theory and her judicial practice in criminal law in a Court of Appeal, Jeanne Gaakeer explores the intertwinement of legal theory and practice to develop a humanities-inspired methodology for both the academic interdisciplinary study of law and literature and for legal practice. This volume addresses judgment and interpretation as a central concern within the field of law, literature and humanities. It is not only a study of law as praxis that combines academic legal (...) theory with judicial practice, but proposes both as central to humanistic jurisprudence and as a training in the conduct of public life. Drawing extensively on philosophical and legal scholarship and through analysis of literary works, Gaakeer proposes a perspective on law as part of the humanities that will inspire legal professionals, scholars and advanced students of law alike.-Back cover. (shrink)

„Rechtsgefühl“ kann das individuelle Gerechtigkeitsempfinden, das Judiz der Richterin im Entscheidungsfindungsprozess, das emotionale Aufbäumen der unterlegenen Partei nach der Entscheidung, eine kollektive Rechtsüberzeugung bezeichnen. Verweise auf das „Rechtsgefühl“ werden oft genutzt, um Rechtssysteme oder einzelne Rechtsakte von innen oder von außen zu legitimieren oder zu delegitimieren. Als sozialer Kompass und normative Rechtfertigung versagt „Rechtsgefühl“ dagegen, wenn es mit zahlreichen gegenläufigen Rechtsgefühlen konkurriert. Dieser Frage nach dem Stellenwert divergierender Rechts- und Gerechtigkeitsempfindungen gehen die in diesem Band versammelten Beiträge aus praktischer, theoretischer (...) und historischer Perspektive nach. Mit Beiträgen von Prof. Dr. Gabriele Britz, Prof. Dr. Jeanne Gaakeer, Prof. Dr. Thorsten Keiser, Prof. Dr. Sylvia Kesper-Biermann, Prof. Dr. Frans-Willem Korsten, Prof. Dr. Greta Olson und Prof. Dr. Franz Reimer. (shrink)

Depuis Droit, mythe et raison (1980) écrit avec Jacques Lenoble jusqu’aux récents À quoi sert le droit? Usages, fonctions et finalités (2016) ou Le droit, objet de passions (2018), François Ost ne cesse de questionner les rapports de nos sociétés au droit et la place de celui-ci dans nos sociétés contemporaines. Avec Le droit malgré tout, il s’agit de rendre hommage à l’œuvre et à la carrière d’une figure centrale de la théorie du droit contemporaine et aussi au fondateur, avec (...) le regretté Michel van de Kerchove, de ce que l’on appelle parfois « l’école de Saint-Louis ». Abordant les deux pôles de la dialectique à laquelle François Ost est si attaché - la critique et la reconstruction -, l’ouvrage propose un regard interdisciplinaire sur le droit, à travers les principaux thèmes qui ont nourri la pensée de l’auteur. Du statut épistémologique de la science du droit à un questionnement sur les fondements et l’avenir du droit et de la justice, des liens qu’entretiennent le droit et la littérature jusqu’à l’environnement saisi par le droit en passant par les « communs », les approches de ses collègues et amis sont toutes réflexives et critiques. En ce qu’elles sont soucieuses de soumettre le droit au regard des sciences sociales et, inversement, les normativités extra-juridiques au regard du droit, elles sont fidèles à la démarche de François Ost. Ce Liber Amicorum propose aussi un retour réflexif sur son œuvre par l’auteur lui-même, dans un entretien avec Manuel Atienza. Contributeurs : Yves CARTUYVELS, Robert JACOB, Mark VAN HOECKE, Jacques COMMAILLE, Isabelle HACHEZ, Laurent VAN EYNDE, Jacques LENOBLE, Benoit FRYDMAN, Alain PAPAUX, Guillaume DE STEXHE, Diane BERNARD, Antoine GARAPON, Jacques CHEVALLIER, Alain SUPIOT, Paul MARTENS, Jérémie VAN MEERBEECK, Sébastien VAN DROOGHENBROECK, Nicolas BERNARD et Françoise TULKENS, Pierre LEGRAND, Annette RUELLE, Isabelle OST, Jeanne GAAKEER, Massimo VOGLIOTTI, Denis SALAS, Pauline BÉGASSE DE DHAEM et Marie-Sophie DE CLIPPELE, Xavier DELGRANGE, Delphine MISONNE, Benoît JADOT, Alain STROWEL, Hugues DUMONT, Jean-Guy BELLEY, Antoine BAILLEU. (shrink)

Argues that from a feminist perspective the history of clinical psychology reveals a troubled relationship with women. Diagnoses and treatments have at times controlled and victimized women. Over the past 25 yrs, feminist scholarship, activism, and practice have contributed to knowledge. Yet, these accomplishments may go unnoticed in the field of abnormal psychology. Besides sexism, there may be other sources of resistance. Textbooks present disorders as abstracted, medicalized entities. Within this frame of reference, everyday identities, social categories , and cultural (...) politics are rendered irrelevant. Textbooks present an idealized image of psychology as a scientific, objective discipline that is humane and beneficent. That image could not be sustained if an accurate account of its history and social relations were given as well. 2012 APA, all rights reserved). (shrink)

The intent of this article is to outline, integrate, and interpret relevant scientific, economic, and social issues of rbST technology that have contributed to the acceptance dilemma for this product. The public is divided into social groups, each with its own set of criteria on which they base rbSTs acceptability. Criteria for the scientific community may best be described as physiological. However, for consumers, criteria may be more practical, or procedural, including human health, animal welfare, environmental concerns, and overproduction. Because (...) the business of dairy production depends on demand from the consuming public, the criteria for acceptance of rbST by producers largely reflects those of the consumers. Of necessity, producers are also critical of rbST from a business and animal improvement standpoint. Although this article demonstrates that rbST has met most physiological criteria for acceptance, the consuming public has treated the acceptance issue with forceful skepticism. The question this article addresses is, why? The authors comment that with rbST and other biotechnologies applied to agricultural animal production, it will be the responsibility of government health agencies, scientists, and manufacturers of the products to provide early, adequate, and honest public education. Attention to the concerns of the public may be the only means to prevent hysteria over this and future agricultural products of biotechnology and will, therefore, allow the public to form logical and thoughtful criteria assessments with respect to acceptance or rejection of each product. (shrink)

Fessard, G. Jeanne Hersch, genèse d'une œuvre.--Muralt, A. de. Phénoménologie et métaphysique.--Philonenko, A. Leibniz et le platonisme.--Christoff, D. Représentation et décision dans la temporalité selon Kant.--Tilliette, X. De l'illusion au savoir, la philosophie.--Widmer, G. Variations kierkegaardiennes sur l'édifiant.--Dufour-Kowalska, G. L'imagination maîtresse de vérité.--Leyvraz, J.-P. Des noms.--Piguet, J.-C. Liberté esthétique et liberté éthique.--Schaerer, R. Le philosophe entre oui et non.--Scheurer, P.-B. Vues nouvelles sur la science du temps et l'histoire.--Starobinski, J. La littérature et l'irrationnel.--Aron, R. De la libéralisation.--Werner, E. La (...) digue et la vie.--Cottier, G. La fascination du vide, éléments pour un diagnostic. (shrink)

Abstract:In this article we first review the development of the concept of global business citizenship and show how the libertarian political philosophy of free-market capitalism must give way to a communitarian view in order for the voluntaristic, local notion of “corporate citizenship” to take root. We then distinguish the concept of global business citizenship from “corporate citizenship” by showing how the former concept requires a transition from communitarian thinking to a position of universal human rights. In addition, we link global (...) business citizenship to global business strategy and to three analytical levels of ethical norms. Finally, we trace a process whereby global businesses can implement fundamental norms and learn to accommodate to legitimate cultural differences. (shrink)

This book asks not only how the study of white-collar crime can enrich our understanding of crime and justice more generally, but also how criminological ...

This paper argues that the personal interview method is particularly appropriate for the kind of exploratory and complicated theory-building research that ethical decision-making, as a topic, represents at present. In doing so, it examines the key tasks of the ethics researcher, the suitability of interviews for obtaining the kind of data needed to accomplish these tasks, and the ensuing problems faced by the interview methodologist. It concludes with suggestions for enhancing the validity and reliability of interview-based ethics research.

The popular view of shareholder activism focuses on shareholder resolutions and the shareholder vote via proxy statements at the annual meeting, which is treated as a “David vs. Goliath” showdown between the small group of socially responsible investors and the powerful corporation. This article goes beyond the popular view to examine where the real action typically occurs – in the Dialogue process where corporations and shareholder activist groups mutually agree to ongoing communications to deal with a serious social issue. Use (...) of the capitalized word “Dialogue” is intended to distinguish this formal process between corporations and shareholders from all the other forms of dialogue or two-way communication exchanged between a corporation and its stakeholders. The phenomenon of Dialogue between a corporation and dissident shareholders has not been analyzed in the academic literature or in the popular press because it occurs behind the scenes and out of sight from media scrutiny. Yet this is where a great deal of social change initiated by shareholder activists is negotiated. This article contributes both theoretically and empirically to the study of Dialogues between shareholder activists and corporations. We explain how Dialogues occur in the context of the shareholder resolution process and examine two Dialogues that focus on international labor issues in two industries. Then data on Dialogues during the period, 1999–2005, from the Interfaith Center on Corporate Responsibility are analyzed. This research contributes to knowledge about the Dialogue process and the emerging literature on corporation–stakeholder engagement. (shrink)

In the cities of industrialized countries, the sudden keen interest in urban agriculture has resulted, inter alia, in the growth of the number and diversity of urban collective gardens. While the multifunctionality of collective gardens is well known, individual gardeners’ motivations have still not been thoroughly investigated. The aim of this article is to explore the role, for the gardeners, of the food function as one of the functions of gardens, and to establish whether and how this function is a (...) motivating factor for them. We draw on a set of data from semi-structured interviews with 39 gardeners in 12 collective gardens in Paris and Montreal, as well as from a survey on 98 gardeners and from field observations of the gardeners’ practices. In the first part we present the nature and diversity of garden produce, and the gardeners’ assessment thereof. In the second part we describe the seven other functions mentioned by the gardeners, which enables us to situate the food function in relation to them. We conclude that the food function is the most significant function of the gardens, and discuss the implications for practitioners and policy makers. (shrink)

This article argues for a new direction in business ethics research. A number of widely discussed concepts popular in the business world today appear to converge around a set of practices that imply a new ethic capable of linking the competitively effective with the morally good. Seizing this opportunity requires that ethicists redirect their attention away from a traditional focus on applying existing moral theories to business practice and adopt instead a "constructivist" focus that works backward from these best practices (...) to construct a new ethic that supports them. (shrink)

The possible relationship between widespread unauthorized copying of microcomputer software (also known as software piracy) and level of moral judgment is examined through analysis of over 350 survey questionnaires that included the Defining Issues Test as a measure of moral development. It is hypothesized that the higher one''s level of moral judgment, the less likely that one will approve of or engage in unauthorized copying. Analysis of the data indicate a high level of tolerance toward unauthorized copying and limited support (...) for the hypothesis. The most plausible explanation for these findings is that software copying is perceived as an issue of low moral intensity. This study calls into question the software industry''s strategy of concentrating exclusively on institutional compliance with copyright rules, rather than working to raise the perceived moral intensity about software piracy at the individual level. As long as the issue remains low in moral intensity, the industry cannot expect significant shifts in copying behaviors. Individuals must become more aware of and concerned about the nature and magnitude of harm to society and to the rightful copyright owners from unauthorized copying before their attitudes and behaviors come to reflect higher levels of moral judgment. (shrink)

This article focuses on the question of whether Social Issues in Management (SIM) is a “field” and, if so, what kind, emphasizing specifically the recent literature on corporate social responsibility and performance (CSR/csp). Fields are defined in part by coherent bodies of knowledge that serve as guideposts for current research, and so the authors construct a simple model of CSR/csp scholarship, illustrating the relevant categories with representative publications. The authors conclude that SIM is a “low-paradigm” field but is not recognized (...) or accepted as a field by many scholars who write about CSR/csp from “outside” the field. This analysis points to the need for SIM scholars to continue to integrate useful ideas from other fields, and also to critique the work of scholars who address “failings” or “gaps” in SIM research without appropriately dealing with the existing SIM literature. The article concludes with some ideas for sustaining the institutional legitimacy of SIM and for challenging those who would “reinvent” a field with a long and fruitful history, including paying careful attention to journal review processes and the content of publications in prominent journals. (shrink)

Abstract:In this article we first review the development of the concept of global business citizenship and show how the libertarian political philosophy of free-market capitalism must give way to a communitarian view in order for the voluntaristic, local notion of “corporate citizenship” to take root. We then distinguish the concept of global business citizenship from “corporate citizenship” by showing how the former concept requires a transition from communitarian thinking to a position of universal human rights. In addition, we link global (...) business citizenship to global business strategy and to three analytical levels of ethical norms. Finally, we trace a process whereby global businesses can implement fundamental norms and learn to accommodate to legitimate cultural differences. (shrink)

Propounds a moderate view of animal rights, in 17 essays reprinted from various publications. Among the authors are Jane Goodall, Steve Siegel, and Tim Stafford. No index. Annotation copyrighted by Book News, Inc., Portland, OR.

For the business community, the Internet is a new frontier, offering unparalleled opportunities for expansion and growth. Businesses can and do offer their services throughout the world, with the range of services multiplying daily. This paper discusses ethical issues related to the online provision of business and financial information and advice, reviews problems encountered and ethical issues raised, and proposes an ethical code to help address such problems. It begins by identifying differences occurring in an online advice‐giving environment and extending (...) them to identify ethical issues. Specific problems that have occurred are reviewed and ethical issues are discussed. Finally, existing ethical codes addressing Internet practice are then utilized to identify elements in a proposed set of ethical standards for online business advisors and their professional organizations. (shrink)

This article begins with an explanation of how moral development for organizations has parallels to Kohlberg's categorization of the levels of individual moral development. Then the levels of organizational moral development are integrated into the literature on corporate social performance by relating them to different stakeholder orientations. Finally, the authors propose a model of organizational moral development that emphasizes the role of top management in creating organizational processes that shape the organizational and institutional components of corporate social performance. This article (...) represents one approach to linking the distinct streams of business ethics and business-and-society research into a more complete understanding of how managers and firms address complex ethical and social issues. (shrink)

A language of care and relationship-building has recently appeared with prominence in the business literature, driven by the realities of the marketplace. Thus, it seems a propitious time to reflect on a decade of writing in feminist morality that has focussed on the concept of an ethic of care, and examine its relevance for today's business context. Is the idea of creating organizations that “care” just another management fad that subverts the essential integrity of concepts of ethical caring? Conversely, are (...) these concepts capable of beginning an important dialogue that may help us to see new possibilities for simultaneously enhancingboththe effectiveness and the moral quality of organizations in the future? (shrink)

This book proposes a taxonomy of jurisprudence and legal practice, based on the discourse theory of Jacques Lacan. In the anglophone academy, the positivist jurisprudence of H.L.A. Hart provides the most influential account of law. But just as positivism ignores the practice of law by lawyers, even within the academy, the majority of professors are also not pursuing Hart's positivist project. Rather, they are engaged in policy-oriented scholarship - that tries to explain law in terms of society's collective goals - (...) or in doctrinal legal scholarship - that does not try to describe what law is, or to supply justifications for it - but which examines the 'internal' logic of law. Lacan's discourse theory has the power to differentiate the various roles of the practicing lawyer and the legal scholar. It is also able to explain the striking lack of communication between diverse schools of legal scholarship and between legal academia and the legal profession. Although extremely influential in Europe and South America, Lacanian theory remains largely unexplored outside of the field of comparative literature. In taking up the jurisprudential ramifications of Lacan's work, _The Four Lacanian Discourses_ thus constitutes an original contribution to current theoretical and practical understandings of law. (shrink)

Principles of ethics -- Medical research and clinical trials -- Treatment decision making -- Palliative and end-of-life care -- Patient advocacy -- Communication and ethics -- Genetics and genomics -- The impact of ethical conflict and dilemmas on nurses -- Ethics consultation and education.

This article describes the theory and process of global business citizenship (GBC) and applies it in an analysis of characteristics of company codes of business conduct. GBC is distinguished from a commonly used term, “corporate citizenship,” which often denotes corporate community involvement and philanthropy. The GBC process requires (1) a set of fundamental values embedded in the corporate code of conduct and in corporate policies that reflect universal ethical standards; (2) implementation throughout the organization with thoughtful awareness of where the (...) code and policies fit well and where they might not fit with stakeholder expectations; (3) analysis and experimentation to deal with problem cases; and (4) systematic learning processes to communicate the results of implementation and experiments internally and externally. We then identify and illustrate the three attributes of a code of conduct that would reflect a GBC approach. The three attributes are orientation, implementation, and accountability. The various components of these attributes are specified and illustrated, using website examples from six global petroleum companies. (shrink)

The popular view of shareholder activism focuses on shareholder resolutions and the shareholder vote via proxy statements at the annual meeting, which is treated as a "David vs. Goliath" showdown between the small group of socially responsible investors and the powerful corporation. This article goes beyond the popular view to examine where the real action typically occurs-in the Dialogue process where corporations and shareholder activist groups mutually agree to ongoing communications to deal with a serious social issue. Use of the (...) capitalized word "Dialogue" is intended to distinguish this formal process between corporations and shareholders from all the other forms of dialogue or twoway communication exchanged between a corporation and its stakeholders. The phenomenon of Dialogue between a corporation and dissident shareholders has not been analyzed in the academic literature or in the popular press because it occurs behind the scenes and out of sight from media scrutiny. Yet this is where a great deal of social change initiated by shareholder activists is negotiated. This article contributes both theoretically and empirically to the study of Dialogues between shareholder activists and corporations. We explain how Dialogues occur in the context of the shareholder resolution process and examine two Dialogues that focus on international labor issues in two industries. Then data on Dialogues during the period, 1999-2005, from the Interfaith Center on Corporate Responsibility are analyzed. This research contributes to knowledge about the Dialogue process and the emerging literature on corporation-stakeholder engagement. (shrink)

In United States ex rel. Quirk v. Madonna Towers, Inc., the U.S. Court of Appeals for the Eighth Circuit held that the failure of a skilled nursing facility's executives to seek a legal opinion regarding a billing practice they considered valid did not meet the definition of knowingly presenting a false claim for payment to the federal government under the False Claims Act. Alleging that the facility that provided care to his aunt fraudulently submitted claims to Medicare for services provided (...) free of charge, the appellant brought this case qui tam on behalf of the federal government under the FCA.The FCA was passed by the legislature in an effort to punish and deter fraud against the federal government. It provides financial incentives for private individuals to come forward with information about fraudulent activity. (shrink)

This book investigates the largely unexplored terrain of the lives of Baul Gurus by studying the autobiography of Baul Guru, Raj Krishna, and situating Baul songs in a larger socio-historical perspective. The author examines the life, 'lineage', and legacy of Raj Krishna in the context of the Renaissance in colonial Bengal, the growth of urban middle classes, transforming identities and the development of spiritual philosophy in the subcontinent. She traces the life and beliefs of Raj and his disciples through both (...) oral and written sources. This volume also provides a comprehensive picture of the religious and socio-cultural aspirations of the people being addressed by the Baul Gurus. The appendices of the volume are also very informative with a translieration of the original text, and discussions on the methods of dating and analyzing Baul texts. (shrink)

19 janvier 2016 L’intérêt accru porté, depuis les années 2000 en France, aux questionnements réflexifs et à la méthodologie en sciences sociales succède à une longue phase d’invisibilisation des pratiques de l’enquête dans la littérature ethnologique, et surtout sociologique. L’ouvrage qui regroupe dix contributions d’ethnologues et de sociologues examine précisément ces façons de faire du terrain, en mettant en lumière leur dimension sexuée, autrement dit en questionnant l’impact du sexe et...

A major objection to epistemic infinitism is that it seems to make justification impossible. For if there is an infinite chain of reasons, each receiving its justification from its neighbour, then there is no justification to inherit in the first place. Some have argued that the objection arises from misunderstanding the character of justification. Justification is not something that one reason inherits from another; rather it gradually emerges from the chain as a whole. Nowhere however is it made clear what (...) exactly is meant by emergence. The aim of this paper is to fill that lacuna: we describe a detailed procedure for the emergence of justification that enables us to see exactly how justification surfaces from a chain of reasons. (shrink)

This Open Access book addresses the age-old problem of infinite regresses in epistemology. How can we ever come to know something if knowing requires having good reasons, and reasons can only be good if they are backed by good reasons in turn? The problem has puzzled philosophers ever since antiquity, giving rise to what is often called Agrippa's Trilemma. The current volume approaches the old problem in a provocative and thoroughly contemporary way. Taking seriously the idea that good reasons are (...) typically probabilistic in character, it develops and defends a new solution that challenges venerable philosophical intuitions and explains why they were mistakenly held. Key to the new solution is the phenomenon of fading foundations, according to which distant reasons are less important than those that are nearby. The phenomenon takes the sting out of Agrippa's Trilemma; moreover, since the theory that describes it is general and abstract, it is readily applicable outside epistemology, notably to debates on infinite regresses in metaphysics. (shrink)

A characteristic of contemporary analytic philosophy is its ample use of thought experiments. We formulate two features that can lead one to suspect that a given thought experiment is a poor one. Although these features are especially in evidence within the philosophy of mind, they can, surprisingly enough, also be discerned in some celebrated scientific thought experiments. Yet in the latter case the consequences appear to be less disastrous. We conclude that the use of thought experiments is more successful in (...) science than in philosophy. (shrink)

:Use of the best-interests test as the legal standard to justify medical treatment in respect to legally incompetent adults or minors has come under sustained critique over the years. “Best interests” has variously been alleged to be indeterminate as well as susceptible to majoritarian ideology and inherent bias. It has also been alleged to be inferior to rights-based approaches. Against the background of several particularly hard cases involving minors discussed by Gillett in a prior article in this journal, this article (...) considers some of these critiques. It concludes that these critical accounts make significant contributions to enabling a more procedurally and substantively robust consideration of what might be in a child’s best interests. However, it is argued that none of these accounts alone provide a superior framework that would justify jettisoning the concept of best interests. Further, it is suggested that best interests still has an important role in achieving patient-centered decisionmaking in this context. It concludes by suggesting a taxonomy of considerations when determining best interests. (shrink)

Recent work in the business ethics field has called attention to the promise inherent in the concept of authenticity for enriching the ways we think about core issues at the intersection of management ethics and practice, like moral character, ethical choices, leadership, and corporate social responsibility [Driver, 2006; Jackson, 2005; Ladkin, 2006]. In this paper, I aim to extend these contributions by focusing on authenticity in relation to a set of organizational processes related to strategy making; most specifically an organization’s (...) strategic intent, arguing that these provide an ideal venue for particularising this exploration, as they represent the key processes through which an organization defines the self it aspires to be. In order to do this, I examine specifically what a shift from “business as usual” to the search for the creation of a more authentic corporate self might look like in practice, contending that such a shift offers the possibility for improving both the moral good and the business outcomes of an institution simultaneously. I conclude with assessment of the risks inherent in undertaking such a search for more authentic strategic intention in business organizations today. (shrink)

In "The View from Above," Jeanne Haffner traces the evolution of the science of social space from the interwar period to the 1970s, illuminating in particular the role of aerial photography in this new way of conceptualizing socio-spatial ...