Over the past decade, we have witnessed some early signs of progress in the battle against international bribery and corruption, a problem that throughout the history of commerce had previously been ignored. We present a model that we then use to assess progress in reducing bribery. The model components include both hard law and soft law legislation components and enforcement and compliance components. We begin by summarizing the literature that convincingly argues that bribery is an immoral and unethical practice and (...) that the economic harm it causes falls most heavily on those least able to absorb it. The next section summarizes the main provisions of anti-bribery legislation including the Foreign Corrupt Practices Act (FCPA), the Organization for Eco nomic Development's Convention on Combating Bribery of Foreign Officials in International Business Transactions, the United Nations Convention Against Corruption and the laws of selected countries. We conclude this section with a discussion of the "moral imperialism" argument for not imposing Western laws and values on other cultures. The next section focuses on the roles played by NGOs including Transparency International (TI), the World Economic Forum (WEF), and the International Chamber of Commerce. We review trends in enforcement and prosecution, including a review of the United States' enforcement processes, mechanisms for cross-border legal assistance, a discussion of the distinctive nature of FCPA cases, and an assessment of what the future holds for enforcement. The final section focuses on compliance processes for corporations aimed at reducing the risk of FCPA and related violations. This section also addresses the ethics of gift giving and "grease" payments. The article concludes with a summary and suggestions for further research. Throughout the article, we reference important bribery cases and include comments from several authorities who are on the front lines of the battle against international bribery. (shrink)
While valuable work has been done addressing clinical ethics within established healthcare systems, we anticipate that the projected growth in acquisitions of community hospitals and facilities by large tertiary hospitals will impact the field of clinical ethics and the day-to-day responsibilities of clinical ethicists in ways that have yet to be explored. Toward the goal of providing clinical ethicists guidance on a range of issues that they may encounter in the systematization process, we discuss key considerations and potential challenges in (...) implementing system-wide ethics consultation services. Specifically, we identify four models for organizing, developing, and enhancing ethics consultation activities within a system created through acquisitions: train-the-trainer, local capacity-building, circuit-riding, and consolidated accountability. We note each model’s benefits and challenges. To our knowledge, this is the first paper to consider the broader landscape of issues affected by consolidation. We anticipate that clinical ethicists, volunteer consultants, and hospital administrators will benefit from our recommendations. (shrink)
Archéologie d'un même geste d'exclusion dont l'internement social de la folie et l'internement métaphysique de la déraison sont les effets, l'Histoire de la folie à l'âge classique décide de voir en Descartes le théoricien de cet acte violent de fondation de la raison occidentale. Après avoir exposé la polémique Foucault — Derrida, nous nous proposons, d'une part, d'identifier la « positivité » propre au discours foucaldien de la période « archéologique » et, d'autre part, de reprendre à notre compte la (...) lecture de Descartes. Nous espérons alors montrer que le « coup de force » cartésien ne vise nullement à exclure la folie mais, au contraire, à forger rationnellement la fiction d'un monde qui serait sans ordre. Le monde sensible devient le lieu d'un simulacre, et ce qui le rend fascinant c'est la catastrophe imaginaire qu'il y a derrière, savoir la nature peut-être irrationnelle de l'univers. C'est de la nécessité de cette fiction que le sujet pensant va pouvoir émerger comme le lieu de la critique.Being an archeology which, in a single excluding movement, produces the social confinement of madness and the metaphysical confinement of un-reason, The History of Madness in the Classical Age decides to see in Descartes the theoretician of this violent act of foundation of Western reason. After a presentation of the Foucault — Derrida polemic, the attempt is made, on the one hand, to identify the "positivity" proper to the Foucauldian discourse of the "archeological" period and, on the other hand, to re-read Descartes in a new light. One hopes to show that the Cartesian "revolution" in no way attempts to exclude madness but, on the contrary, to forge rationally the fiction of a world which would be without order. The sense world becomes the world of appearances, and what makes it fascinating is the imaginary catastrophe behind it, the knowledge of theperhaps irrational nature of the universe. It is by the necessity of this fiction that the thinking subject is going to be able to emerge as the place where the critique occurs. (shrink)
The bioeconomy is under tension regarding its function: a transition lever based on an in-depth transformation of its production modes regarding the use of renewable resources, or a possibly green growth lever in maintained modes of production. This contribution to the debate identifies three leads to develop bioeconomy as means of organizing the sustainable transition to sustainable production modes through a renewed approach to territories, new relations regarding the exploitation of nature, and the development of new knowledge bases under sustainability (...) constraints. La bioéconomie est traversée par une tension quant à sa fonction : être soit un levier de transition par la transformation profonde des modes de production grâce à l’utilisation de ressources renouvelables, soit un vecteur de croissance, éventuellement verte, dans des modes de production inchangés. Cette contribution au débat propose de considérer la bioéconomie comme un moyen d’organiser la transition vers des modes de production plus soutenables grâce à un rapport renouvelé aux territoires, de nouveaux rapports à l’exploitation de la nature et la formation de nouvelles bases de connaissances sous contrainte de soutenabilité. (shrink)
It is widely assumed that sense perception cannot deliver knowledge of nonactual (metaphysical) possibilities. We are not supposed to be able to know that a proposition p is necessary or that p is possible (if p is false) by sense perception. This paper aims to establish that the role of sense perception is not so limited. It argues that we can know lots of modal facts by perception. While the most straightforward examples concern possibility and contingency, others concern necessity and (...) impossibility. The possibility of a perceptual route to some modal knowledge is not as radical as it may at first sound. On the contrary, acknowledging it has benefits. (shrink)
The epistemology of modality has focused on metaphysical modality and, more recently, counterfactual conditionals. Knowledge of kinds of modality that are not metaphysical has so far gone largely unexplored. Yet other theoretically interesting kinds of modality, such as nomic, practical, and ‘easy’ possibility, are no less puzzling epistemologically. Could Clinton easily have won the 2016 presidential election—was it an easy possibility? Given that she didn’t in fact win the election, how, if at all, can we know whether she easily could (...) have? This paper investigates the epistemology of the broad category of ‘objective’ modality, of which metaphysical modality is a special, limiting case. It argues that the same cognitive mechanisms that are capable of producing knowledge of metaphysical modality are also capable of producing knowledge of all other objective modalities. This conclusion can be used to explain the roles of counterfactual reasoning and the imagination in the epistemology of objective modality. (shrink)
Challenges to the exercise of the basic socio-economic rights of half the global population give rise to some of the most pressing issues today. This timely book focuses on world poverty, providing a systematic exposition of the evolving legal responsibility of the international community of states to cooperate in addressing the structural obstacles that contribute to this injustice. This book analyzes the approach, contribution, and current limitations of the international law of human rights to the manifestations of world poverty, inviting (...) the reader to rethink human rights, and, in particular, the framing of responsibilities that are essential to their contemporary protection. (shrink)
What might early Buddhist teachings offer neuroscience and how might neuroscience inform contemporary Buddhism? Both early Buddhist teachings and cognitive neuroscience suggest that the conditioning of our cognitive apparatus and brain plays a role in agency that may be either efficacious or non-efficacious. Both consider internal time to play a central role in the efficacy of agency. Buddhism offers an approach that promises to increase the efficacy of agency. This approach is found in five early Buddhist teachings that are re-interpreted (...) here with a view to explaining how they might be understood as a dynamic basis for ‘participatory will’ in the context of existing free will debates and the neuroscientific work of Patrick Haggard (et al.). These perspectives offer Buddhism and neuroscience a basis for informing each other as the shared themes of: (1) cognition is dynamic and complex/aggregate based, (2) being dynamic, cognition lacks a fixed basis of efficacy, and (3) efficacy of cognition may be achieved by an understanding of the concept of dynamic: as harmony and efficiency and by means of Buddha-warranted processes that involve internal time. (shrink)
This paper examines "moderate modal skepticism", a form of skepticism about metaphysical modality defended by Peter van Inwagen in order to blunt the force of certain modal arguments in the philosophy of religion. Van Inwagen’s argument for moderate modal skepticism assumes Yablo's (1993) influential world-based epistemology of possibility. We raise two problems for this epistemology of possibility, which undermine van Inwagen's argument. We then consider how one might motivate moderate modal skepticism by relying on a different epistemology of possibility, which (...) does not face these problems: Williamson’s (2007: ch. 5) counterfactual-based epistemology. Two ways of motivating moderate modal skepticism within that framework are found unpromising. Nevertheless, we also find a way of vindicating an epistemological thesis that, while weaker than moderate modal skepticism, is strong enough to support the methodological moral van Inwagen wishes to draw. (shrink)
Displays of eye movements may convey information about cognitive processes but require interpretation. We investigated whether participants were able to interpret displays of their own or others' eye movements. In Experiments 1 and 2, participants observed an image under three different viewing instructions. Then they were shown static or dynamic gaze displays and had to judge whether it was their own or someone else's eye movements and what instruction was reflected. Participants were capable of recognizing the instruction reflected in their (...) own and someone else's gaze display. Instruction recognition was better for dynamic displays, and only this condition yielded above chance performance in recognizing the display as one's own or another person's. Experiment 3 revealed that order information in the gaze displays facilitated instruction recognition when transitions between fixated regions distinguish one viewing instruction from another. Implications of these findings are discussed. (shrink)
Developing a simple test to identify swiftly neonates with sepsis who carry the genetic variant which means that one dose of the recommended antibiotic, gentamicin, will cause the child to become profoundly deaf looks like an admirable objective. The baby needs antibiotics and needs them within 1 hour of admission to the neonatal intensive care unit. Conventional genetic tests take much longer to yield results. The test being trialled produces results in 25 min; a baby who carries the variant can (...) be treated with a different antibiotic. All the test requires is a gentle swab of the baby’s inner cheek. Babies can be treated for potentially fatal sepsis without the risk that the drugs designed to save their lives will cost them their hearing. Parents and healthcare staff are relieved of worry—a great idea? PALOH is not a trial of the safety or efficacy of the test, only to assess how feasible it will be to carry out this test in a busy NICU, without disrupting the care of the baby. A tiny painless ‘scrape’ will take a sample of DNA—what’s the fuss about? Several other invasive and painful procedures will be carried out without a fuss.1 The problem is DNA. Genetic information must be safeguarded from falling into the wrong hands. In section 45 of Human Tissue Act 2004, Parliament legislated to prohibit non-consensual DNA testing.1 It fits uncomfortably in a statute designed to regulate retention and uses of human material, after revelations that organs and tissue from the …. (shrink)
Sider (2011, 2013) proposes a reductive analysis of metaphysical modality—‘(modal) Humeanism’—and goes on to argue that it has interesting epistemological and methodological implications. In particular, Humeanism is supposed to undermine a class of ‘arguments from possibility’, which includes Sider's (1993) own argument against mereological nihilism and Chalmers's (1996) argument against physicalism. I argue that Sider's arguments do not go through, and moreover that we should instead expect Humeanism to be compatible with the practice of arguing from possibility in philosophy.
The idea that the epistemology of modality is in some sense a priori is a popular one, but it has turned out to be difficult to precisify in a way that does not expose it to decisive counterexamples. The most common precisifications follow Kripke’s suggestion that cases of necessary a posteriori truth that can be known a priori to be necessary if true ‘may give a clue to a general characterization of a posteriori knowledge of necessary truths’. The idea is (...) that whether it is contingent whether p can be known a priori for at least some broad range of sentences ‘p’. Recently, Al Casullo and Jens Kipper have discussed restrictions of such principles to atomic sentences. We show that decisive counterexamples even to such dramatically restricted Kripke-style principles can be constructed using minimal logical resources. We then consider further restrictions, and show that the counterexamples to the original principles can be turned into counterexamples to the further restricted principles. We conclude that, if there are any true restrictions of Kripke-style principles, then they are so weak as to be of little epistemological interest. (shrink)
Mettre à la disposition du public l'ensemble des écrits de la « reine Margot » permet d'éclairer la personnalité d'une reine dont l'image est assurément obscurcie par le mythe et dont la production littéraire était jusque là trop méconnue. On saluera donc l'initiative des éditions Champion pour accueillir, outre les Mémoires, des textes polémiques et poétiques variés, présentés par une spécialiste confirmée de Marguerite. Dans cet ensemble indéniablement riche et instructif, la présen..
Scientific societies can play an important role in promoting ethical research practices among their members, and over the past two decades several studies have addressed how societies perform this role. This survey continues this research by examining current efforts by scientific societies to promote research integrity among their members. The data indicate that although many of the societies are working to promote research integrity through ethics codes and activities, they lack rigorous assessment methods to determine the effectiveness of their efforts.
An increasing number of scientists and doctors are concerned that new laws are inhibiting ethical research. This paper argues that this is not the case. Laws do not inhibit medical progress. Misunderstanding the law may do so.
Hannah Arendt brings the traditionally ontological practice of phenomenology into social and political philosophy. She does this in two ways: by employing phenomenological methods in her approach to examining the world around her and by showing how phenomenology is related to ethical life through her description of thinking. In this article, I explore the first of these ways by locating Arendt’s methods in relation to Martin Heidegger’s definition of phenomenology, as given in the Being and Time. Arendt’s usage of phenomenological (...) methods is clear in her examinations of banal evil and modern judicial systems. These topics lead to a discussion of how thinking, for Arendt, is a phenomenological activity that has bearing on ethical life. I will turn to Arendt’s essay, “Personal Responsibility Under Dictatorship” to clarify how phenomenology, as characteristic of the thinking Arendt prescribes, is ethically important. (shrink)
What might early Buddhist teachings offer neuroscience and how might neuroscience inform contemporary Buddhism? Both early Buddhist teachings and cognitive neuroscience suggest that the conditioning of our cognitive apparatus and brain plays a role in agency that may be either efficacious or non-efficacious. Both consider internal time to play a central role in the efficacy of agency. Buddhism offers an approach that promises to increase the efficacy of agency. This approach is found in five early Buddhist teachings that are re-interpreted (...) here with a view to explaining how they might be understood as a dynamic basis for ‘participatory will’ in the context of existing free will debates and the neuroscientific work of Patrick Haggard. These perspectives offer Buddhism and neuroscience a basis for informing each other as the shared themes of: cognition is dynamic and complex/aggregate based, being dynamic, cognition lacks a fixed basis of efficacy, and efficacy of cognition may be achieved by an understanding of the concept of dynamic: as harmony and efficiency and by means of Buddha-warranted processes that involve internal time. (shrink)
I argue a case for interpreting Yeats through the metaphysics of The Order of the Golden Dawn and the human/cosmic life cycle of their Rider-Waite tarot deck. In doing so, I will explain how the metaphysics of Indian and Egyptian sacred geometry inform his poetry, and his plays, in particular, ‘A Vision’ (1925) and ‘The Herne’s Egg’ (1938).