A by-product of the Watergate investigations into illegal political contributions and money-laundering was the revelation that American corporations had been making questionable payments to foreign officials to gain business advantages. That discovery was the driving force behind passage of the FCPA in 1977. Many since have complained that the law put American firms at a disadvantage in international trade. This paper assesses the credibility of that claim, as well as exploring the socioeconomic implications of corruption in a world of intensifying (...) international competition. Based on the literature review, examination of international trade data and intensive interviews with foreign firms doing business in Nigeria, the paper reaches the following conclusions:1. Enforcement of FCPA has waxed and waned, but there is no evidence that its enforcement has impeded the growth of U.S. trade. In fact, trade with countries previously considered "bribe prone" has out-paced the growth of trade with non-bribe-prone countries, despite FCPA. (shrink)

The law in England allows that both parents and competent minors concurrently have the right to consent to medical treatment of the minor. This means that while competent minors may consent to treatment their refusal of consent does not act as an effective veto of treatment and treatment remains lawful if given with parental consent. This approach has been heavily criticized as inconsistent with the House of Lords decision in the Gillick case and damned as ‘palpable nonsense’. In this article, (...) I examine these criticisms and conclude that, far from being illogical, it is entirely consistent with the essential asymmetry between consent to treatment and refusal of treatment. I examine the two metaphors of keyholders and flak jackets used to explain this approach and I suggest that both have value but only when used in combination. I also explain why, contrary to the criticism, it is consistent with Gillick. (shrink)

Consent transforms an otherwise illegitimate act into a legitimate one. To be valid, however, it must be adequately informed. The legal requirement is vague and provides little assistance in predicting when it will be satisfied. This is particularly so when a patient consents to a procedure and the physician subsequently varies one of the components of that procedure. Using three legal judgments and one General Medical Council decision as a springboard, I have explored the concept of a medical procedure within (...) the context of consent and developed a theoretical model to elucidate a more predictable and consistent informational requirement. (shrink)

A team of twenty-five renowned scholars have ventured on this unique endeavour to come to terms with the notions of Consciousness and Reality. The wide variety of subjects and disciplines reflects Dr. Izutsu's incredible scope of interests. He is however always focussing on the basic theme of the relationship between philosophical thinking and mysticism, which arises from an awareness of the problem of contemplative experience lying concealed in the depths of philosophical thinking. This book is a vital contribution to our (...) understanding of Islam and Intercultural Dialogue. (shrink)

This chapter will argue that due to a lack of genuine consent, some of Russell’s practices in his romantic/sexual relationships are morally objectionable according to his own normative theory (utilitarianism) and these practices are intellectually objectionable according to his post-1913 meta-ethics (expressivism) and his understanding of rationality. On utilitarian grounds, Russell’s actions would maximize pleasure and minimize pain for all the parties affected by the relationship if the authenticity of his partners’ consent were maintained either by a more or less (...) equal social and political standing of the partners or, failing that, by the powerful partner’s exercise of the virtue of restraint; neither of these conditions was satisfied in Russell’s relationships with Vivien Eliot or Helen Dudley. On expressivist grounds, the expressions of desires upon which Russell’s romantic/sexual practices were based, such as the disregard for the humanity of women, conflict with his calls for world peace based on a concern for the well-being of humanity. (shrink)

There has never been a time in history that we have been bombarded with so much information in the media and on the internet, especially information that may inhibit thoughtful reflection. In conte...

This article is an examination of the Augsburg physician Ieremias Martius’s Catalogus bibliothecae of 1572, which may well by the first printed sales catalogue of a library. The author claims it to be the product of careful selection, covering the whole field of medicine and containing both rare and recent medical books. The catalogue is placed here in the context of Martius’s career, and his contacts in the European medical world. An account is given of the bibliographical resources available to (...) him, before the contents themselves are anatomised. His interest in various fields is revealed here: medieval practical medicine, medical humanism, anatomy, Hippocratism, medical observationes and letter collections, gynecology, astrological medicine, balneology, botany, and the literature of medical secrets. Martius’s eclecticism and open-mindedness is revealed further through a comparison of his library with five other contemporary book collections of doctors. (shrink)

Philosophical descriptions of democratic music education frequently rely on “inclusion” and “participation” as the defining features of democratically oriented music programs. Democratic epistemic considerations, such as regulatory ideals of musical quality and excellence, however, are less commonly cited, if not actively avoided. This paper addresses several primary reasons for the paucity of epistemic considerations in democratic music education and problematizes current concerns about epistemic judgements from a democratic perspective. Drawing on Miranda Fricker’s influential concept of epistemic injustice, this paper argues (...) that democratic dialogue that respects values of diversity and inclusion cannot legitimately ignore epistemic dimensions because doing so occludes the epistemic dimensions of cultural, racial, and gender diversity in music education classrooms. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in (...) the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

This article seeks to advance connecting the two societal priorities of environmental protection and what has been called ‘Indigenous reconciliation’ through arts-based communication (and particularly arts-based research), to help engage and inspire people towards sustaining a healthy planet and a just society. Through lenses of social justice, decolonizing critique and holistic environmental ideologies, this work explores theoretical and practical, real-world intersections of environmentalist, Indigenous and arts-based imperatives and ways of knowing. The goal is twofold: first, to seek to engage readers (...) in viewing the colonization of the planet and its First Peoples as intimately related, and ultimately, to bring together diverse literatures to suggest ideas, language and a model to foster communication aimed at redressing both of those colonialist evils. To acknowledge this intersection of environmental and Indigenous approaches in arts-based settings, the term ‘environmental conciliation’ is proposed and defined as ‘environmental protection in ways that acknowledge, address, and aim to redress imbalances in power among Indigenous people and non-Indigenous settlers honestly, respectfully, openly, creatively and positively. (shrink)

While there is a considerable body of research on law student identity construction based on interviews and transcripts of classroom talk, there is very little work based on student written texts. In this article two letters of advice written by beginning law students are analysed, using Ivanic and Camps’s framework, as an example of identity formation. Legal identity is argued to be formed by students’ attempts to accommodate a dynamic, partial, practitioner role of provider of advice to the traditional analytic (...) focus of the law student. The process of accommodation is evident in the language of the letters, which show disfluencies resulting from attempts to combine different roles into a coherent legal identity. Comparison with a professionally written letter suggests that, rather than seeking to shape a coherent position, lawyers are able simultaneously to hold incompatible perspectives, concealing the tensions by foregrounding some perspectives and backgrounding others. (shrink)

ABSTRACT:A common complaint by academics and practitioners is that the application of international accountability standards (IAS) does not lead to significant improvements in an organization’s social responsibility. When organizations espouse their commitment to IAS but do not put forth the effort necessary to operationally enact that commitment, a “credibility cover” is created that perpetuates business as usual. In other words, the legitimacy that organizations gain by formally adopting the standards may shield the organization from closer scrutiny, thus enabling rather than (...) constraining the types of activities the standards were designed to discourage.There is a lack of research on why certain types of IAS are more prone than others to being decoupled from organizational practices. Applying a neo-institutional perspective to IAS, we theorize that the structural dimensions of the types of standards themselves can increase the likelihood of organizations adopting IAS standards in form but not in function. (shrink)

I argue alongside some other scholars that there is a plausible reading of Spinoza’s philosophy of suicide which holds both of the following tenets: first, that suicides occur because of external conditions, and second, that there are at least some suicides which are rational. These two tenets require special attention because they seem to be the source of significant tension. For Spinoza, if one’s cognitions are to be the most adequate, they must be “disposed internally” (E2p29s/G II 114), or determined (...) more from one’s own mental nature than from “fortuitous encounters” with other things (E2p29s/G II 114). It may seem there is a conflict, then, in saying both that there are rational suicides in the Spinozist framework, and that suicides must always be a result of external conditions: it seems a suicide simply cannot be rational if it is the result of external conditions. But this tension, it will be shown, can be dissolved. Once this tension is dealt with, I offer some brief closing arguments. I explain how this reading of Spinoza’s philosophy of suicide can satisfy a call for new suicide research which avoids forms of over-individualism and epistemic injustice, and which encourages us to abolish oppressive conditions that lead to rational suicides. (shrink)

We defend a set of acceptance rules that avoids the lottery paradox, that is closed under classical entailment, and that accepts uncertain propositions without ad hoc restrictions. We show that the rules we recommend provide a semantics that validates exactly Adams’ conditional logic and are exactly the rules that preserve a natural, logical structure over probabilistic credal states that we call probalogic. To motivate probalogic, we first expand classical logic to geo-logic, which fills the entire unit cube, and then we (...) project the upper surfaces of the geo-logical cube onto the plane of probabilistic credal states by means of standard, linear perspective, which may be interpreted as an extension of the classical principle of indifference. Finally, we apply the geometrical/logical methods developed in the paper to prove a series of trivialization theorems against question-invariance as a constraint on acceptance rules and against rational monotonicity as an axiom of conditional logic in situations of uncertainty. (shrink)

In his very distinguished career as a medical historian and chronicler of Galen, Vivian Nutton has often been involved in successful collaborative projects to map the course of European medicine, a...

Bertrand Russell's Bundle Theory of Particulars presents and evaluates Russell's arguments for two competing theories on the nature of particulars at different stages in his career: the substratum theory of particulars (1903-1913) and the bundle theory of particulars (1940-1948). Through its original focus on Russell's little known metaphysics in the later part of his career, this study explains why Russell's theory of particulars is relevant today. It argues that a Russellian realist bundle theory is indeed the best explanation of similarities (...) and differences that we observe around us thanks to the ontological economy such a theory provides and its strength and completeness as a theory of the nature of reality. Tackling the major criticisms levelled against the realist bundle theory - the problem of individuation, the problem of necessity, and the problem of analyticity - this study presents and defends a tenable Russellian bundle theory which can answer the objections. Bertrand Russell's Bundle Theory of Particulars is a novel and significant contribution to Russell scholarship. (shrink)

Anticolonial theorists and revolutionaries have long turned to dialectical thought as a central weapon in their fight against oppressive structures and conditions. This relationship was never easy, however, as anticolonial thinkers have resisted the historical determinism, teleology, Eurocentrism, and singular emphasis that some Marxisms place on class identity at the expense of race, nation, and popular identity. In recent decades, the conflict between dialectics and postcolonial theory has only deepened. In _Decolonizing Dialectics _Geo Maher breaks this impasse by bringing the (...) work of Georges Sorel, Frantz Fanon, and Enrique Dussel together with contemporary Venezuelan politics to formulate a dialectics suited to the struggle against the legacies of colonialism and slavery. This is a decolonized dialectics premised on constant struggle in which progress must be fought for and where the struggles of the wretched of the earth themselves provide the only guarantee of historical motion. (shrink)

This paper highlights the dark side of power imbalance regarding its consequences in agri-food supplier–buyer relationships. We report on findings from two studies. The first study is based on a sample of 105 key informants, while study 2 is based on a sample of 444 key informants, all from the cocoa agri-food supply market of Ghana. While the first study focuses on the antecedents of power imbalance and its consequences, the second study explores the role of cooperatives/collective action in minimizing (...) supplier exploitation. Data from these studies were analysed using the partial least squares technique. Analysis of these findings shows switching costs’ impact on power imbalance to be curvilinear, while power imbalance has a curvilinear relationship with opportunism. The negative consequences of power imbalance are further exacerbated by dependency and the lack of joint action. Furthermore, we found the negative impact of power imbalance on financial performance to be stronger for non-cooperative members than for cooperative members, while, counterintuitively, we found the positive impact of economic satisfaction on financial performance to be stronger for non-cooperative members than for cooperative members. (shrink)

al-mujallad 1. al-Sifr al-awwal min al-khalq ilá al-ḥaqq -- al-mujallad 2. al-Sifr al-thānī min al-khalq bi-al-ḥaqq fī al-ʻilm al-ṭabīʻī fī funūn sittah; al-Sifr al-thālith min al-ḥaqq ilá al-khalq bi-al-ḥaqq fī al-ʻilm al-ilāhī fī mawāqif ʻasharah; al-Sifr al-rābiʻ bi-al-ḥaqq fī al-khalq fī ʻilm al-nafs fī aḥad ʻashar bāban.

In lieu of an abstract, here is a brief excerpt of the content:Foucault’s Renaissance Episteme Reassessed: An Aristotelian CounterblastIan MacleanThere seem to me to be two good reasons for looking at Foucault’s Renaissance episteme again, even though specialists of the Renaissance have given it short shrift and Foucault himself does not seem to have set great store by it in his later writings. 1 The first is that in general books on Foucault accounts of it are still given in a (...) neutral or even approving way, as though neither the concept of episteme (which suggests both that mind-sets or paradigms or epistemes are all-constraining) nor the account of the Renaissance episteme in particular (which is given a predominantly Platonic and hermetic character) require modification, if not refutation. 2 I shall suggest that although in some sense we are all prisoners of our mind-sets, there are ways in which we can escape from this prison 3 ; and with respect to the Renaissance in particular, I shall claim that Aristotelianism, not Platonism, is the appropriate context in which to see the dominant universe of discourse of the day and that this philosophy can be shown to possess the resources for escaping its limitations. To do this I shall [End Page 149] give a brief resume of Foucault’s episteme in general and the Renaissance episteme in particular. Then I shall show first, that the Platonist features which he cites as typical are actively refuted at that time and cannot be described as dominant without severe qualification; second, that the versions of Aris-totelianism widely taught in universities and schools give quite different accounts of these features; and third, that this form of thinking can be shown to have the freedom of self-critique in the very areas in which Foucault chooses to see Renaissance philosophy as both constraining and constrained.In 1969 Foucault produced his “theoretical work” L’Archéologie du savoir as the methodological systematization of his earlier historical writings, L’Histoire de la folie à l’âge classique (l961), La Naissance de la clinique (l963), and Les Mots et les choses (1966). In this work man is described as a modern self-invention, fashioned from a particular configuration of knowledge and destined soon to disappear. Foucault’s history of man is a story about the way he constituted himself as a subject and then made his body, his behavior, his reason, and his consciousness the object of his study and a field to be controlled, regulated, trained, and coerced. In this analysis man’s “rationality” becomes not a faculty but an authoritarian straitjacket. What Foucault sets out to investigate is a very fundamental form of ontology but not one associated with profound knowledge; it is a superficial and finite, if largely invisible, field, which is discontinuous, not defined by the agenda of the modern state of any associated discipline, and peopled by “utterances” (énoncés) which are only graspable in their differences and their dispersion. If coagulations of these “utterances” (formations discursives) occur at all, they appear only in the form of consistent relations: the objects to which they “refer” are no more than objectifications whose scientific status cannot be established and whose meaning cannot be recovered by semantic or rhetorical analysis. In calling his previous book Les Mots et les choses, he was being explicitly ironic, for neither the words nor the things of the title have any substance to them: they are not presences but absences. The description made by the historian is remote from his object, indirect, incomplete; it describes a “preconceptual field” in which the “preconcepts” are no more than organizing operators or functions revealing relationships of dependence, processes of validation, contingent theories of truth. The “utterances” which these “preconcepts” inform come together in “discourses” which are neither systems nor mere aggregations of knowledge; archaeological history as practiced by Foucault uncovers not a “mentality” but an “episteme,” which he defines as follows:By episteme we mean... the total set of relations that unite, at a given period, the discursive practices that give rise to epistemological figures, sciences, possibly formalized systems.... The episteme is not a form of knowledge or type of rationality which, crossing the boundaries [End Page 150] of the most... (shrink)

Good interlocutors are a blessing, and needless to say, I’m feeling very blessed today. This is especially true for a project in which _vision_ figures so centrally, since we often see most clearly through the parallax of another’s eyes. Contributors to this conversation have cast distinct lines of sight onto _Anticolonial Eruptions _that have allowed me to see both otherwise and better, to recognize which elements of my original argument remain incomplete or unclear, to glimpse what was overlooked or taken (...) for granted, and to realize other moments where I might have been wrong entirely. They have revealed how my book, despite diagnosing colonial hubris, might reproduce blindspots that are more or less hubristic in their own right. This apparent irony is anything but. Any book, especially one this short, slices into and across history and theory ways that are inescapably partial, leaving a generative remainder to be dealt with. But more than this, I find nothing but encouragement in how my comrade-readers have taken up the lenses provided—the colonial blindspot, the second sight of the colonized, and the decolonial ambush—to excavate and cultivate a radical second sight from the depths of the colonial blindspot. Whether diagnosing the paradoxical unseeing of ocular-centrism, my own blindness toward the revolutionary nature of care as community resistance, or the ways that tropes of inevitability might refract my political judgment, each of the critiques printed above offers, in Kevin Bruyneel’s words, “more ammo for the canon/cannon” (88). (shrink)

We’ve all seen them, those slightly blurred pictures of elongated and otherwise misshapen athletes and horses crossing the finish line illustrating a news story about a tight finish in a sprint, at...

While there has been a vast amount of research on breast cancer in recent years, areas within this domain remain unexplored. For instance, there have been few attempts to marry an understanding of the social context in which breast cancer occurs with an understanding of subjective experiences of this condition. The purpose of this study was to explore women's experiences of embodiment after breast cancer, utilizing a phenomenological approach rooted in a feminist perspective. The focus of this article is upon (...) the changes to embodiment that are long‐term. Twelve women were interviewed on two occasions each and were asked to talk about changes to their bodies that occurred as a result of breast cancer. Three key themes were identified: (1) how it feels (e.g. sensation and breast loss); (2) managing appearances (e.g. wearing prostheses); and (3) treatments without end (e.g. menopause). The findings of this study show that women with breast cancer are a diverse group and that survivorship is a dynamic, life‐long process, which suggests that health professionals can play an important role in establishing interdisciplinary approaches to caring, beyond the conclusion of acute treatment. (shrink)