Recent work in both the theory of the firm and of corporate law has called into question the appropriateness of analysing corporate law as ‘merely’ a set of standard form contracts. This article develops these ideas by focusing on property law's role in underpinning corporate enterprise. Rights to control assets are a significant mechanism of governance in the firm. However, their use in this way predicates some arrangement for stipulating which parties will have control under which circumstances. It is argued (...) that ‘property rules’—a category whose scope is determined functionally—protect the entitlements of parties to such sharing arrangements against each other's opportunistic attempts to grant conflicting entitlements to third parties. At the same time, the legal system uses a range of strategies to minimize the costs such protection imposes on third parties. The choice of strategy significantly affects co-owners’ freedom to customize their control-sharing arrangements. This theory is applied to give an account of the ‘proprietary foundations’ of corporate law, which has significant implications for the way in which the subject's functions are understood and evaluated. (shrink)

Understanding everyday behavior relies heavily upon understanding our ability to improvise, how we are able to continuously anticipate and adapt in order to coordinate with our environment and others. Here we consider the ability of musicians to improvise, where they must spontaneously coordinate their actions with co-performers in order to produce novel musical expressions. Investigations of this behavior have traditionally focused on describing the organization of cognitive structures. The focus, here, however, is on the ability of the time-evolving patterns of (...) inter-musician movement coordination as revealed by the mathematical tools of complex dynamical systems to provide a new understanding of what potentiates the novelty of spontaneous musical action. We demonstrate this approach through the application of cross wavelet spectral analysis, which isolates the strength and patterning of the behavioral coordination that occurs between improvising musicians across a range of nested time-scales. Revealing the sophistication of the previously unexplored dynamics of movement coordination between improvising musicians is an important step towards understanding how creative musical expressions emerge from the spontaneous coordination of multiple musical bodies. (shrink)

There is currently an explosion of interest in grounding. In this article we provide an overview of the debate so far. We begin by introducing the concept of grounding, before discussing several kinds of scepticism about the topic. We then identify a range of central questions in the theory of grounding and discuss competing answers to them that have emerged in the debate. We close by raising some questions that have been relatively neglected but which warrant further attention.

Preface In these days, an anthology on the topic of possible worlds hardly needs justification. No issue has given rise to as much literature in the past ...

This article argues that the dynamics behind the generation of social pathologies in modern society also undermine the social-relational framework for recognition. It therefore claims that the theory of recognition is impotent in face of the kinds of normative power exerted by social hierarchies. The article begins by discussing the particular forms of social pathology and their relation to hierarchical forms of social structure that are based on domination, control and subordination and then shows how the internalization of the norms (...) that shape and hold together hierarchical social formations causes pathologies within the self. As a result of these processes, the recognitive aspects of social action that the theory of recognition posits are unable to overcome and in fact reproduce and in many instances reinforce the pathologies themselves. (shrink)

Rousseau’s project in his Social Contract was to construct a conception of human subjectivity and political institutions that would transcend what he saw to be the limits of liberal political theory of his time. I take this as a starting point to put forward an interpretation of his theory of the general will as a kind of social cognition that is able to preserve individual autonomy and freedom alongside concerns with the collective welfare of the community. But whereas many have (...) seen Rousseau’s ideas as a prelude to communitarianism or authoritarianism, we should instead see his project as articulating an alternative model of moral-cognitivist reasoning. In order to provide a framework for this interpretation, I propose reading his conception of the general will through the theory of collective intentionality and social ontology. I end with a consideration of how this interpretation of the general will can provide a more satisfying understanding of political and practical rationality contemporary debates over republicanism and liberalism. (shrink)

I provide a critique of Axel Honneth’s theory of recognition by calling into question the extent to which recognitive relations are immune to the effects of social and economic power and their ability to shape consciousness and moral cognition. I maintain that as a theory of socialization, Honneth’s theory is inadequate to deal with the strong structural-functional forces that hold administrative-capitalist societies together. This has the effect of constituting subjectivity in particular ways, and this problem of the constitution of the (...) personality and consciousness of individuals vitiates the descriptive and normative claims of the theory of recognition. I end by considering an alternative way to view recognition and its role in promoting a form of critical subjectivity. (shrink)

The food industry faces many significant risks from public criticism of corporate social responsibility (CSR) issues in the supply chain. This paper draws upon previous research and emerging industry trends to develop a comprehensive framework of supply chain CSR in the industry. The framework details unique CSR applications in the food supply chain including animal welfare, biotechnology, environment, fair trade, health and safety, and labor and human rights. General supply chain CSR issues such as community and procurement are also considered. (...) Ultimately, the framework serves as a comprehensive tool to support food industry practitioners and researchers in the assessment of strategic and operational supply chain CSR practices. (shrink)

The Oxford Handbook of Metaphysics offers the most authoritative and compelling guide to this diverse and fertile field of philosophy. Twenty-four of the world's most distinguished specialists provide brand-new essays about 'what there is': what kinds of things there are, and what relations hold among entities falling under various categories. They give the latest word on such topics as identity, modality, time, causation, persons and minds, freedom, and vagueness. The Handbook's unrivaled breadth and depth make it the definitive reference work (...) for students and academics across the philosophical spectrum. (shrink)

We describe a novel Internet-based method for building consensus and clarifying con icts in large stakeholder groups facing complex issues, and we use the method to survey and map the scienti c and organizational perspectives of the arti cial life community during the Seventh International Conference on Arti cial Life (summer 2000). The issues addressed in this survey included arti cial life’s main successes, main failures, main open scienti c questions, and main strategies for the future, as well as the (...) bene ts and pitfalls of creating a professional society for arti cial life. By illuminating the arti cial life community’s collective perspective on these issues, this survey illustrates the value of such methods of harnessing the collective intelligence of large stakeholder groups. (shrink)

Adorno was deeply influenced by ideas about the rationalization of mass society and effects of commodification on consciousness. The work of Max Weber and Georg Lukács were dual influences that shaped much of Adorno's own work. He develops his critique of the “totally administered society” as a confluence of Weber's rationalization thesis as well as Lukács' theory of reification of consciousness due to the penetration of the commodity form into everyday life. But Adorno moves beyond these ideas by arguing that (...) the spread of exchange‐value and quantification, carried forth via the commodity form, collapses the modern individual and its consciousness into the prevailing forms of dominant rationality. I then show how his later projects of Negative Dialectics and Aesthetic Theory seek to protect the subject from these trends and then reflect on how Adorno's ideas can be brought together with Lukács' later ideas about social ontology in order to glimpse a broader concept of Critical Theory. (shrink)

This thought-provoking book initiates a dialogue among scholars in rhetoric and hermeneutics in many areas of the humanities. Twenty leading thinkers explore the ways these two powerful disciplines inform each other and influence a wide variety of intellectual fields. Walter Jost and Michael J. Hyde organize pivotal topics in rhetoric and hermeneutics with originality and coherence, dividing their book into four sections: Locating the Disciplines; Inventions and Applications; Arguments and Narratives; and Civic Discourse and Critical Theory. Contributors to this (...) volume include Hans-Georg Gadamer, Paul Ricoeur, Gerald L. Bruns, Charles Altieri, Richard E. Palmer, Calvin O. Schrag,.Victoria Kahn, Eugene Garver, Michael Leff, Nancy S. Streuver, Wendy Olmsted, David Tracy, Donald G. Marshall, Allen Scult, Rita Copeland, William Rehg, and Steven Mailloux. For readers across the humanities, the book demonstrates the usefulness of rhetorical and hermeneutic approaches in literary, philosophical, legal, religious, and political thinking. With its stimulating new perspectives on the revival and interrelation of both rhetoric and hermeneutics, this collection is sure to serve as a benchmark for years to come. (shrink)

Pigs can't fly. Any person buying a pig should understand this – it would be absurd to be upset that they can't fly or play poker. But pigs are amazing creatures and can do many interesting and useful things.

I argue that plausible claims in the logic of partial grounding, when combined with a plausible analysis of that concept, entail the falsity of plausible grounding claims. As our account of the concept of partial grounding and its logic should be consistent with plausible grounding claims, this is problematic. The argument hinges on the idea that some facts about what grounds what are grounded in others, which is an idea the paper aims to motivate.

The debate over corporate moral responsibility has become a fixture in business ethics research and teaching. Only rarely, however, does the sizable literature on that question consider whether the debate has important practical implications. This article examines that question from a corporate control perspective. After assuming corporate moral responsibility’s existence for purposes of argument, the article concludes that such responsibility makes a difference in cases where it is present but personal responsibility is absent. Then the article tries to identify the (...) forces that diminish personal responsibility when corporate responsibility exists. The most important such forces, it concludes, spring from the socialization processes people undergo when they enter groups. One example is the well-known phenomenon of groupthink, which can exculpate individuals by rendering them justifiably ignorant of foreseeable risks of harm. (shrink)

Philosophical discussions of the morality of suicide have tended to focus on its justifiability from an agent’s point of view rather than on the justifiability of attempts by others to intervene so as to prevent it. This paper addresses questions of suicide intervention within a broadly Kantian perspective. In such a perspective, a chief task is to determine the motives underlying most suicidal behaviour. Kant wrongly characterizes this motive as one of self-love or the pursuit of happiness. Psychiatric and scientific (...) evidence suggests that suicide is instead motivated by a nihilistic disenchantment with the possibility of happiness which, at its apex, results in the loss of the individual’s conception of her practical identity. Because of this, methods of intervention that appeal to agents’ happiness, while morally benign, will prove ineffective in forestalling suicide. At the same time, more aggressive methods violate the Kantian concern for autonomy. This apparent dilemma can be resolved by seeing suicide intervention as an action undertaken in non-ideal circumstances, where otherwise unjustified manipulation, coercion, or paternalism are morally permitted. (shrink)

Recently, Kroedel and Schulz have argued that the exclusion problem—which states that certain forms of non-reductive physicalism about the mental are committed to systematic and objectionable causal overdetermination—can be solved by appealing to grounding. Specifically, they defend a principle that links the causal relations of grounded mental events to those of grounding physical events, arguing that this renders mental–physical causal overdetermination unproblematic. Here, we contest Kroedel and Schulz’s result. We argue that their causal-grounding principle is undermotivated, if not outright false. (...) In particular, we contend that the principle has plausible counterexamples, resulting from the fact that some mental states are not fully grounded by goings on ‘in our heads’ but also require external factors to be included in their full grounds. We draw the sceptical conclusion that it remains unclear whether non-reductive physicalists can plausibly respond to the exclusion argument by appealing to considerations of grounding. (shrink)

Talents that selectively facilitate the acquisition of high levels of skill are said to be present in some children but not others. The evidence for this includes biological correlates of specific abilities, certain rare abilities in autistic savants, and the seemingly spontaneous emergence of exceptional abilities in young children, but there is also contrary evidence indicating an absence of early precursors of high skill levels. An analysis of positive and negative evidence and arguments suggests that differences in early experiences, preferences, (...) opportunities, habits, training, and practice are the real determinants of excellence. Key Words: exceptional ability; expertise; gift; innate capacity; music; potential; prodigy; specific ability; talent. (shrink)

Despite some exceptions, the business ethics literature on the moral responsibility of corporations does not emphasize a subject critical to that inquiry: the general nature of corporations. This article attempts to lessen the imbalance by describing three conceptions of the corporation that have been prominent in twentieth century legal theorizing, and by sketching their implications for the moral responsibility of corporations. These three conceptions, at least two of which have counterparts in the philosophical and organizational theory literature, are the concession, (...) aggregate, and real entity theories. The article concludes that the real entity theory is the most plausible of the lot. At least under prevailing tests of moral responsibility, it then contends, corporations-as-real-entities are morally responsible for most of their members' actions. (shrink)

I explore the roots of ontological thinking in the late thought of Georg Lukács via the development of the nature of praxis in German Idealism and the thought of Marx. I contend that the thesis of spontaneous, self-creation as well as social relatedness are both core themes in German Idealism that achieve definitive form in Marx’s thought. In effect, I argue that the human capacities for relatedness and the formation of relations with others paired with the teleological structure of human (...) practical agency constitute a crucial ontological ground for critical theory. It is this that Lukács focuses on in his later ontological writings and which can be used to re-orient contemporary critical theory and critical philosophy which has been dominated by post-metaphysical and neo-Idealist currents in recent decades. (shrink)

I present a theory of alienation that accounts for the cognitive processes involved with moral thinking and political behavior in modern societies. On my account, alienation can be understood as a particular kind of atrophy of moral concepts and moral thinking that affect the ways individuals cognize and legitimate the social world and their place within it. Central to my argument is the thesis that modern forms of social integration—shaped by highly institutionalized, rationalized and hierarchical forms of social life—serve to (...) constrain the moral- cognitive powers of subjects leading to a condition of alienation as moral atrophy. This state results from the withering of the subject's internal powers of moral reflection and an overriding predisposition to rely on external value schemas to make sense of moral and political problems. I then present an analysis of alienated moral consciousness and its implications for modern social theory. (shrink)

This paper considers the roots of the dissonance between political modernity and Islamic societies. It argues that primacy has to be given to the analysis of different paradigms of 'ethical life' which are ways in which ethical-political categories are organized within society. A distinction is made between 'nomocentric' and 'rights-based' paradigms of ethical life, the former associated with a system of moral duties and the latter with a system of political and ethical rights accorded to the individual. I argue that (...) the emphasis on a nomocentric paradigm of ethical life has the effect of suppressing the development of a rights-based ethical and political discourse in large enough segments of the society to limit a progressive change toward political modernity. I further analyze the ways in which forces of social and economic modernisation play a role in antagonizing the relation between modernity and the more traditional forms of ethical life which predominate in Islamic society and political/ethical thought. (shrink)

Legal statutes prohibiting felons from voting result in nearly 4 million Americans, disproportionately African-American and male, being unable to vote. These felony disenfranchisement (FD) statutes have a long history and apparently enjoy broad public support. Here I argue that despite the popularity and extensive history of these laws, denying felons the right to vote is an unjust form of punishment in a democratic state. FD serves none of the recognized purposes of punishment and may even exacerbate crime. My strategy is (...) not to argue for this conclusion directly. Rather, I consider seven arguments for the moral legitimacy of FD, each of which will be found lacking. My emphasis falls not on the legal or constitutional questions associated with FD, but with its moral justification within a broadly liberal political framework. These arguments draw upon a variety of philosophical outlooks; three justify FD by appealing to justice or desert, three others justify FD based on its allegedly beneficial social consequences, and a final argument is a hybrid of both sorts of considerations. Not only do all these arguments fail, but eliminating FD could have salutary effects on our present climate of political discourse. -/- . (shrink)

Evolutionary discussions regarding the relationship between social status and fertility in the contemporary U.S. typically claim that the relationship is either negative or absent entirely. The published data on recent generations of Americans upon which such statements rest, however, are solid with respect to women but sparse and equivocal for men. In the current study, we investigate education and income in relation to age at first child, childlessness, and number of children for men and women in two samples—one of the (...) general American population and one of graduates of an elite American university. We find that increased education is strongly associated with delayed childbearing in both sexes and is also moderately associated with decreased completed or near-completed fertility. Women in the general population with higher adult income have fewer children, but this relationship does not hold within all educational groups, including our sample with elite educations. Higher-income men, however, do not have fewer children in the general population and in fact have lower childlessness rates. Further, higher income in men is positively associated with fertility among our sample with elite educations as well as within the general population among those with college educations. Such findings undermine simple statements on the relationship between status and fertility. (shrink)

If there are facts about what grounds what, are there any grounding relations between them? This paper suggests so, arguing that transitivity and amalgamation principles in the logic of grounding yield facts of grounding that are grounded by others. I develop and defend this view and note that combining it with extant accounts of iterated grounding commits us to seemingly problematic instances of ground-theoretic overdetermination. Taking the superinternality thesis as a case study, I discuss how defenders of this thesis should (...) respond. It emerges that our discussion puts pressure on superinternalists to make an interesting qualification to their view: to only regard as a fundamental metaphysical law a version of the superinternality thesis that is restricted to minimal and immediate grounding. (shrink)

We highlight connections between accessible categories and abstract elementary classes , and provide a dictionary for translating properties and results between the two contexts. We also illustrate a few applications of purely category-theoretic methods to the study of AECs, with model-theoretically novel results. In particular, the category-theoretic approach yields two surprising consequences: a structure theorem for categorical AECs, and a partial stability spectrum for weakly tame AECs.

This book is an in-depth treatment of Darwinian evolutionism and its applicability to the investigation of the archaeological record. The authors explain the unique position that this kind of evolutionism holds in science and how it bears on any attempt to explain change over time in the organic world, demonstrate commonalities between archaeology and paleobiology, and explain the principles, methods, and techniques - the systematics - inherent in the approach.

This article is an explication and defense of Kant’s view that ‘imagination is a necessary ingredient of perception itself’ (Critique of Pure Reason, A120, fn.). Imagination comes into perception at a far more basic level than Strawson allows, and it is required for the constitution of intuitions (= sense experiences) out of sense impressions. It also plays an important part in explaining how it is possible for intuitions to have intentional contents. These functions do not involve the application of contents, (...) and I offer a schematic account of how they arise from preconceptual synthesis. (shrink)