Despite universal agreement that corruption is norm-deviant, the criteria required to ascertain deviance remain elusive. The problem is even more pronounced for organizational corruption, not least because the construct remains somewhat ambiguous and is often conflated with proximate management constructs like antisocial or unethical organizational behavior. In this article, I identify the suitable criteria for the determination of deviance in organizational corruption and determine whether it is, indeed, antisocial or unethical. In order to minimize ambiguity, I first limit the scope (...) of organizational corruption to corruption within, rather than by, organizations, which is most conceptually challenging insofar as the aforementioned questions are concerned. I then conclude that organizational corruption should be specified solely with respect to the focal organization’s normative framework; it is anti-organizational rather than antisocial. Higher level normative prescriptions that arise from the organization’s embedding within its social context remain relevant, but only insofar as they are incorporated within the organization’s normative framework. Moreover, I argue that organizational corruption is not necessarily unethical, since the moral evaluation of an organizational act is, in principle, distinct from the determination of its deviance to organizational norms. (shrink)

Observers of agriculture and theenvironment have noted the recent remarkable growth ofthe organic products industry. Is it possible for thisgrowth in the organics market to contribute toprogressive environmental and social goals? From theperspective of green consumerism, the organics marketis a powerful engine for positive change because itpromotes greater environmental awareness andresponsibility among producers and consumers alike.Given its environmental benefits and its ability touse and alter capitalist markets, organic agricultureis currently a positive force for environmentalism.Still, there are contradictions between (...) organic idealsand practice – e.g., the reductionism of organicstandards, the limitations of private organiccertification, and the widespread practice ofinput-substitution – that emerge through thedynamics of the capitalist market. As the marketmatures, these contradictions will increasinglyundermine the very environmental benefits that are thefoundation of organic agriculture. Fundamental change,therefore, is not likely to occur through the marketalone. There are ways, however, that the organicsmarket could contribute to a broader movement leadingto collective action. For instance, the organicsmarket tends to undermine commodity fetishism in theagrifood system, thereby strengthening civil society.In addition, the market provides space and resourcesfor social movement activity, such as in the struggleover the National Organic Standards. (shrink)

Over the past two decades the growth of the organic sector has been accompanied by a shift away from first party, or peer review, systems of certification and towards third party certification, in which a disinterested party is responsible for the development of organic standards and the verification of producer compliance. This paper explores some of the limitations of the third party certification model and presents the case of Mexico as an example of how an alternative (...) form of participatory certification has emerged. The paper suggests that participatory guarantee systems (PGS) are reflective of the growing “beyond organic” movement, which focuses on reconstructing the local and re-embedding food systems into their socio-ecological contexts. It argues that PGS offers a number of benefits for producers and consumers, particularly in the South, but that it faces a number of challenges as well, such as a lack of formal recognition, social conflicts and dependence on donated resources. (shrink)

Organ procurement policy from the recently deceased recasts families into gatekeepers of a scarce medical resource. To the frustration of organ procurement teams, families do not always authorize organ donation. As a result, efforts to increase the number of organs available for transplantation often seek to limit the authority of families to refuse organ retrieval. For example, in some locales if a deceased family member has satisfied the legal conditions for first-person prior assent, a much looser and easier standard to (...) satisfy than informed consent, organ retrieval may proceed despite the family’s objections. Some countries have replaced voluntary consent to organ donation with forms of organ conscription. Often referred to under the misnomer “presumed consent,” such policies legalize the harvesting of organs at death, unless individuals exercise official options to opt out. As this article explores, however, there are good grounds for affirming the authority of the family to consent to or to deny organ donation on behalf of recently deceased family members, as well as to reject first-person assent and “presumed consent” policies of organ procurement. Insofar as individuals have failed clearly and competently to provide informed consent to organ donation, moral authorization for the use of the person and his body ought to be grounded on the foundational authority of the family, rather than the state’s supposed interests in obtaining organs for transplantation. (shrink)

Over the past two decades the growth of the organic sector has been accompanied by a shift away from first party, or peer review, systems of certification and towards third party certification, in which a disinterested party is responsible for the development of organic standards and the verification of producer compliance. This paper explores some of the limitations of the third party certification model and presents the case of Mexico as an example of how an alternative (...) form of participatory certification has emerged. The paper suggests that participatory guarantee systems (PGS) are reflective of the growing “beyond organic” movement, which focuses on reconstructing the local and re-embedding food systems into their socio-ecological contexts. It argues that PGS offers a number of benefits for producers and consumers, particularly in the South, but that it faces a number of challenges as well, such as a lack of formal recognition, social conflicts and dependence on donated resources. (shrink)

Although ethical decision‐making theory has evolved over the years, within the field of management, research still revolves around James Rest’s (1986) four‐step framework, dominated by a positivist epistemology and a quantitative methodology. Given that currently there is a call for a theoretical, epistemological, and methodological renovation for the enlargement and enrichment of knowledge about how decisions are morally made in organizations, this paper has a double aim. First, by showing the models’ main flaws and limitations, it critically assesses the (...) prominent theoretical models of Rest, Trevino, and Jones. Then, for decision making in organizations, the paper aims to posit a fresh moral theory that addresses the phenomenon from a comprehensive epistemological perspective. To do so, it steps back from those prominent models in order to review John Dewey’s “theory of moral life.” At the core of the proposed comprehensive theoretical framework are Dewey’s concepts of a “moral standard” and “valuation.” Finally, the paper shows how the Dewey‐based framework can both overcome the flaws and limitations that are identified in those prominent models and can enrich empirical research, therefore contributing to developing as a whole the ethical decision‐making field. (shrink)

Based on its productionguideline, organic agriculture has set foritself the goals of minimizing all forms ofpollution and maintaining sustainability of thefarming system. By striving for these goals,organic farming meets the demands of anincreasing number of consumers who are criticalof conventional production methods. This papergives an overview of the present state of theart in the different issues. Possibilities ofand limitations in performing the self-aimedgoals under the basic standards of organicagriculture are discussed. Concerningenvironmental protection, in general, the riskof (...) adverse environmental effects is lower withorganic than with conventional farming methods,though not necessarily so; with reference tosoil fertility and nutrient management, organicfarming is suited to improve soil fertility andnutrient management markedly on the farm level;regarding biodiversity, comparison studies showthat organic farming has more positive effectson biodiversity conservation; in relation toproduct quality, under the basic standards oforganic farming, there is no sufficientevidence for a system-related effect on productquality due to the production method. (shrink)

There is a trend of recruiting faith leaders at mosques to overcome religious barriers to organ donation, and to increase donor registration among Muslims. Commentators have suggested that Muslims are not given enough information about organ donation in religious sermons or lectures delivered at mosques. Corrective actions have been recommended, such as funding campaigns to promote organ donation, and increasing the availability of organ donation information at mosques. These actions are recommended despite published literature expressing safety concerns (i.e., do no (...) harm) in living and end-of-life organ donation. Living donors require life-long medical follow-up and treatment for complications that can appear years later. Scientific and medical controversies persist regarding the international guidelines for death determination in end-of-life donation. The medical criteria of death lack validation and can harm donors if surgical procurement is performed without general anesthesia and before biological death. In the moral code of Islam, the prevention of harm holds precedence over beneficence. Moral precepts described in the Quran encourage Muslims to be beneficent, but also to seek knowledge prior to making practical decisions. However, the Quran also contains passages that demand honesty and truthfulness when providing information to those who are seeking knowledge. Currently, information is limited to that which encourages donor registration. Campaigning for organ donation to congregations in mosques should adhere to the moral code of complete, rather than selective, disclosure of information. We recommend as a minimal standard the disclosure of risks, uncertainties, and controversies associated with the organ donation process. (shrink)

: Standard ethical frameworks struggle to deal with transhumanism, ecological issues and the rising technodiversity because they are focused on guiding and evaluating human behavior. Ethics needs its Copernican revolution to be able to deal with all moral agents, including not only humans, but also artificial intelligent agents, robots or organizations of all sizes. We argue that embracing the complexity worldview is the first step towards this revolution, and that standard ethical frameworks are still entrenched in the Newtonian worldview. We (...) first spell out the foundational assumptions of the Newtonian worldview, where all change is reduced to material particles following predetermined trajectories governed by the laws of nature. However, modern physical theories such as relativity, quantum mechanics, chaos theory and thermodynamics have drawn a much more confusing and uncertain picture, and inspired indecisive, subjectivist, relativist, nihilist or postmodern worldviews. Based on cybernetics, systems theory and the new sciences of complexity, we introduce the complexity worldview that sees the world as interactions and their emergent organizations. We use this complexity worldview to show the limitations of standard ethical frameworks such as deontology, theology, consequentialism, virtue ethics, evolutionary ethics and pragmatism. Keywords: Complexity, philosophy, ethics, cybernetics, transhumanism, universal ethics, systems ethics. (shrink)

Corruption within the private sector has often not been dealt with in Brazil. Organizations may find corrupt acts in its operations or practices, but specific concepts and programs to avoid them are neither concrete nor clear. Some Brazilian stockholders have become aware of the risks involved in unethical procedures and are adopting the Best Practices of Corporate Governance initiative. International agencies have intensively supported organizations and governments in an effort to define policies that inhibit illegal or corrupt cultural habits throughout (...) the world, but Brazilian practitioners show insufficient response. Skepticism may indicate a lack of understanding about how an ethical leadership can guide employees, setting high standards for the organizational culture and climate, clearly defining limits of correct behavior, and creating appropriate codes of ethics. Transparency still has to be discovered as a significant tool to encourage professionalism in performance and reporting of data in Brazilian companies. In this article, we analyze the ethical behavior of the purchasing department of a multinational company in its host country, Brazil. It focuses specifically on the supplierbuyer relationship. The results indicate that despite the negative reputation Brazilians have in business ethics, a company can still develop a positive and ethical relationship with its stakeholders. Communication, transparency, compliance with the company's code of conduct as well as the supplier's awareness of the buyer's code of conduct are the factors which influence the supplier–buyer relationship. Transparency can be used as a tool to reduce corruption, thereby increasing ethical behavior and company image. Good ethical behavior can help to build up a company's image. (shrink)

This paper examines whether classical extensional mereology is adequate for formalizing the whole–parts relation in quantum chemical systems. Although other philosophers have argued that classical extensional and summative mereology does not adequately formalize whole–parts relation within organic wholes and social wholes, such critiques often assume that summative mereology is appropriate for formalizing the whole–parts relation in inorganic wholes such as atoms and molecules. However, my discussion of atoms and molecules as they are conceptualized in quantum chemistry will establish that (...) standard mereology cannot adequately fulfill this task, since the properties and behavior of such wholes are context-dependent and cannot simply be reduced to the summative properties of their parts. To the extent that philosophers of chemistry have called for the development of an alternative mereology for quantum chemical systems, this paper ends by proposing behavioral mereology as a promising step in that direction. According to behavioral mereology, considerations of what constitutes a part of a whole is dependent upon the observable behavior displayed by these entities. Thus, relationality and context-dependence are stipulated from the outset and this makes behavioral mereology particularly well-suited as a mereology of quantum chemical wholes. The question of which mereology is appropriate for formalizing the whole–parts relation in quantum chemical systems is relevant to contemporary philosophy of chemistry, since this issue is related to the more general questions of the reducibility of chemical wholes to their parts and of the reducibility of chemistry to physics, which have been of central importance within the philosophy of chemistry for several decades. More generally, this paper puts contemporary discussions of mereology within the philosophy of chemistry into a broader historical and philosophical context. In doing so, this paper also bridges the gap between formal mereology, conceived as a branch of formal ontology, and “applied” mereology, conceived as a branch of philosophy of science. (shrink)

There is a trend of recruiting faith leaders at mosques to overcome religious barriers to organ donation, and to increase donor registration among Muslims. Commentators have suggested that Muslims are not given enough information about organ donation in religious sermons or lectures delivered at mosques. Corrective actions have been recommended, such as funding campaigns to promote organ donation, and increasing the availability of organ donation information at mosques. These actions are recommended despite published literature expressing safety concerns (i.e., do no (...) harm) in living and end-of-life organ donation. Living donors require life-long medical follow-up and treatment for complications that can appear years later. Scientific and medical controversies persist regarding the international guidelines for death determination in end-of-life donation. The medical criteria of death lack validation and can harm donors if surgical procurement is performed without general anesthesia and before biological death. In the moral code of Islam, the prevention of harm holds precedence over beneficence. Moral precepts described in the Quran encourage Muslims to be beneficent, but also to seek knowledge prior to making practical decisions. However, the Quran also contains passages that demand honesty and truthfulness when providing information to those who are seeking knowledge. Currently, information is limited to that which encourages donor registration. Campaigning for organ donation to congregations in mosques should adhere to the moral code of complete, rather than selective, disclosure of information. We recommend as a minimal standard the disclosure of risks, uncertainties, and controversies associated with the organ donation process. (shrink)

Corruption within the private sector has often not been dealt with in Brazil. Organizations may find corrupt acts in its operations or practices, but specific concepts and programs to avoid them are neither concrete nor clear. Some Brazilian stockholders have become aware of the risks involved in unethical procedures and are adopting the Best Practices of Corporate Governance initiative. International agencies have intensively supported organizations and governments in an effort to define policies that inhibit illegal or corrupt cultural habits throughout (...) the world, but Brazilian practitioners show insufficient response. Skepticism may indicate a lack of understanding about how an ethical leadership can guide employees, setting high standards for the organizational culture and climate, clearly defining limits of correct behavior, and creating appropriate codes of ethics. Transparency still has to be discovered as a significant tool to encourage professionalism in performance and reporting of data in Brazilian companies. In this article, we analyze the ethical behavior of the purchasing department of a multinational company in its host country, Brazil. It focuses specifically on the supplier–buyer relationship. The results indicate that despite the negative reputation Brazilians have in business ethics, a company can still develop a positive and ethical relationship with its stakeholders. Communication, transparency, compliance with the company’s code of conduct as well as the supplier’s awareness of the buyer’s code of conduct are the factors which influence the supplier–buyer relationship. Transparency can be used as a tool to reduce corruption, thereby increasing ethical behavior and company image. Good ethical behavior can help to build up a company’s image. (shrink)

There is presently considerable interest in the phenomenon of "self-organisation" in dynamical systems. The rough idea of self-organisation is that a structure appears "by itself in a dynamical system, with reasonably high probability, in a reasonably short time, with no help from a special initial state, or interaction with an external system. What is often missed, however, is that the standard evolutionary account of the origin of multi-cellular life fits this definition, so that higher living organisms are also products of (...) self-organisation. Very few kinds of object can selforganise, and the question of what such objects are like is a suitable mathematical problem. Extending the familiar notion of algorithmic complexity into the context of dynamical systems, we obtain a notion of "dynamical complexity". A simple theorem then shows that only objects of very low dynamical complexity can self organise, so that living organisms must be of low dynamical complexity. On the other hand, symmetry considerations suggest that living organisms are highly complex, relative to the dynamical laws, due to their large size and high degree of irregularity. In particular, it is shown that since dynamical laws operate locally, and do not vary across space and time, they cannot produce any specific large and irregular structure with high probability in a short time. These arguments suggest that standard evolutionary theories of the origin of higher organisms are incomplete. (shrink)

The diversity of state confidentiality laws governing public health data presents a significant challenge for public health initiatives. This challenge is further complicated by the array of confidentially laws that are relevant within a state as disclosure and usage standards vary depending upon data holder, type, and source. These laws often have not been updated to address modern confidentiality risks such as unlawful data linkage or breach, leaving many public health organizations without clear guidance in the contentious area of (...) individual privacy. To address these challenges, public health organizations have increasingly turned to the science of de-identification, but whether de-identification adequately meets the many and varied state confidentiality legal requirements remains an unanswered question. (shrink)

Australia and Thailand have made great progress in partnering with NGOs to respond to HIV/AIDS through the protection of human rights. Unquestionably, the Australian experience is more advanced. However, it is important to note that Australia’s political institutions and traditions were able to empower and accept an NGO movement of this nature almost from the start of disease identification.Thailand did not have this advantage, having only moved toward political institutions that are open to public opinion and civil society’s input within (...) the last 15 years.In spite of their varied histories, both countries eventually traveled down similar paths. In Australia, HIV/AIDS NGOs moved rapidly forward from being standard-setting, fact-finding, and advocacy organizations to becoming capable of creating new HIV/AIDS umbrella organizations and influencing existing governmental organizations on HIV/AIDS human rights issues. Indeed, by the close of the 1980s, NGOs had established themselves firmly in all of these roles. The fact that Australia still struggles with addressing an emerging epidemic among indigenous people is more a sign that the movement has thus far been incomplete than that it is faltering or ineffective. Additionally, now that NGOs are actively working through AFAO on behalf of indigenous peoples, it is likely that there will finally be more movement on human rights and H1V/AIDS issues for this group. However, sex tourism and the illegal trafficking of women and children for purposes of prostitution continue to require ongoing proactive management by the partnership before they become a serious epidemic threat.Thailand’s situation is somewhat different from that of Australia. The HIV/AIDS NGO community has grown since the epidemic exploded in the 1990s, but the organizations themselves continue to have limited power, While they have been an important voice in human rights standard-setting, fact-finding and advocacy regarding HIV/AIDS, they remain unable to fully influence the governmental organizations that ultimately make and implement human rights policies in these areas. As the NGO experience in general is new to Thai politics, continuing human rights abuses are a sign of the miles left to travel on this road rather than an indicator that the road needs to be abandoned.Regardless of their differing experiences with creating HIV/AIDS partnerships, it is impossible to say that either effort has failed to use this mechanism successfully to at least begin seriously addressing HIV/AIDS human rights issues. What can be said is that each partnership can be placed at a differing point on a continuum of effectiveness that ultimately concludes with a fully integrated partnership capable of fundamentally influencing a country’s HIV/AIDS human rights policies on an ongoing basis. (shrink)

Although organic standards and certification schemes have a crucial role in ensuring quality, safety, and sustainability within food systems, there is a need to critically analyze their implications on human capabilities within alternative food networks (AFNs). Therefore, this paper draws upon the capability approach to analyze the implications of three governance mechanisms (i.e., third-party, social control, and hybrid certification) on human flourishing within AFNs in Ceará, Brazil. The three cases primarily build on 66 interviews with farmers, consumers, AFN (...) owners and employees, certifying officials, governmental and non-governmental representatives, and researchers. Third-party certification has some positive effects in terms of material, political, and environmental capabilities and many negative effects regarding social/cultural capabilities. Social control certification bolsters material, social/cultural, political, and environmental capabilities for the benefit of farmers and consumers. Hybrid certification increases the material control, political power, social legitimacy, and environmental governance of market intermediaries. The findings can help scholars, practitioners, and policymakers rethink the role of organic standardization and certification in fostering fundamental human capabilities and tackling inequalities within AFNs. (shrink)

This article analyzes the institutionalization of the global organic agriculture field and sheds new light on the conventionalization debate. The institutions that shape the field form a tripartite standards regime of governance that links standard-setting, certification, and accreditation activities, in a layering of markets for services that are additional to the market for certified organic products. At each of the three poles of the TSR, i.e., for standard-setting, certification, and accreditation, we describe how the corresponding markets were (...) constructed over time and the role of the different actors in their evolution. We analyze the politics at stake among the actors at each pole, their competing or cooperative interests and visions, and the tensions between them in the promotion of markets. Through the lens of the TSR heuristic, we show that the institutionalization of the organic field beginning in the 1990s and its de facto inclusion in the broader sustainability field beginning in the 2000s contribute to a progressive distancing between the organic movement and its initial political project of alterity, to which public and private actors both contribute actively. As a set of interlinked market institutions, the TSR orients and narrows the scope of debate, which becomes restricted to “market-compatible” dimensions and objects. We conclude that the TSR is a promising heuristic for analyzing contemporary global regulation. (shrink)

I explore the limits of corporate responsibility standards – for example Social Accountability 8000 (SA 8000), the Global Reporting Initiative, the Fair Labor Association workplace code – by looking at these initiatives through Derrida's aporias of justice as set out in ‘Force of Law: The “Mystical Foundation of Authority”’. Based on a discussion of SA 8000, I uncover the unavoidable aporias that are associated with the use of this standard. I contribute to the literature on corporate responsibility standards (...) in general and SA 8000 in particular by showing (a) that attempts to standardise corporate responsibility can only be successful insofar as we recognise that compliance with SA 8000's rules requires a ‘fresh judgement’ every time they are applied, (b) that SA 8000 should not be pushed down the supply chain as such coercion does not require a truly responsible decision by suppliers and eventually leads to moral mediocrity and (c) that the necessarily time‐consuming reflections about the singular contexts within which SA 8000 is applied challenge the urgent need for implementing this standard. I discuss the implications of my analysis of SA 8000 for corporate responsibility standards in general. (shrink)

I explore the limits of corporate responsibility standards – for example Social Accountability 8000 (SA 8000), the Global Reporting Initiative, the Fair Labor Association workplace code – by looking at these initiatives through Derrida's aporias of justice as set out in 'Force of Law: The "Mystical Foundation of Authority"'. Based on a discussion of SA 8000, I uncover the unavoidable aporias that are associated with the use of this standard. I contribute to the literature on corporate responsibility standards (...) in general and SA 8000 in particular by showing (a) that attempts to standardise corporate responsibility can only be successful insofar as we recognise that compliance with SA 8000's rules requires a 'fresh judgement' every time they are applied, (b) that SA 8000 should not be pushed down the supply chain as such coercion does not require a truly responsible decision by suppliers and eventually leads to moral mediocrity and (c) that the necessarily time-consuming reflections about the singular contexts within which SA 8000 is applied challenge the urgent need for implementing this standard. I discuss the implications of my analysis of SA 8000 for corporate responsibility standards in general. (shrink)

This article describes the work of negotiating and reinterpreting "standard" protocols and criteria at the level of local practice, using the example of the procurement of human cadaver organs for transplantation. The tension between efforts to starulardize and globalize biomedical science, on the one hand, and fitting these efforts into everyday practices and understandings of practitioners, on the other, results in new constructions of medical knowledge about bodies and persons.

From a certifier’s perspective, this paper deals with the question of how to bring together the values of producers and consumers in globalized food markets. It is argued that growth and mainstreaming of organic food production cannot be achieved solely by ethically aware consumers signalling their more sustainable purchase decision to the market. In fact, the intrinsic motivation of producers is an indispensable requisite for such a development. It is then the organic movement’s and the certifier’s task to (...) bring together the values of consumers and producers. This challenge is explored in the following by using the example of organic aquaculture. Based on one of the author’s experience in the field of aquaculture certification since the late 1990s, in about twenty countries and with most aquaculture animal species, the paper examines critical value-based aspects that are prominent from the perspective of sustainability. These are: use of problematic substances in aquaculture production, stocking density, origin of feedstuff, certification procedure, and small-scale farming versus large aquaculture companies. On this basis, the paper describes and analyses attempts to formulate respective organic certification standards. In order to bring about organic aquaculture, it is argued that consumers’ choices alone are not sufficient and that successful transformation to sustainable aquaculture also needs to take into account values and preferences of producers. (shrink)

Recent years have seen a substantial increase in alternative agrifood initiatives that attempt to use the market to curtail the negative social and environmental effects of production and trade in a globalized food system. These alternatives pose a challenge to capital accumulation and the externalization of environmental costs by large agribusiness, trading and retail firms. Yet the success of these alternatives also makes them an inviting target for corporate participation. This article examines these dynamics through a case study of the (...) two most significant such food system alternatives—organics and fair trade—focusing on corporate involvement in establishing and renegotiating the standards undergirding these initiatives. We compare the development of and contestation over the standards for both certified organic and certified fair trade, with particular attention to the U.S. context. We provide a brief history of their parallel processes of rapid growth and market mainstreaming. We examine claims of cooptation by movement participants, as well as the divergences and similarities between the organic and fair trade cases. Analyzing these two cases provides useful insights into the strategic approaches that corporate firms have deployed to further capital accumulation and to defuse threats to their profit margins and to status quo production, pricing, labor, trading and retailing practices. It can also offer valuable lessons regarding the most effective means of responding to such counter-reforms and of protecting or reasserting the more transformative elements at the heart of these alternative systems. (shrink)

Prolonged survival after the declaration of death by neurologic criteria creates ambiguity regarding the validity of this methodology. This ambiguity has perpetuated the debate among secular and nondissenting Catholic authors who question whether the neurologic standards are sufficient for the declaration of death of organ donors. Cardiopulmonary criteria are being increasingly used for organ donors who do not meet brain death standards. However, cardiopulmonary criteria are plagued by conflict of interest issues, arbitrary standards for candidacy, and the (...) lack of standardized protocols for organ procurement. Combining the neurological and cardiopulmonary standards into a single protocol would mitigate the weaknesses of both and provide greater biologic and moral certainty that a donor of unpaired vital organs is indeed dead. (shrink)

Gideon Rosen has recently sketched an argument which aims to establish that the notion of metaphysical modality is systematically ambiguous. His argument contains a crucial sub-argument which has been used to argue for Metaphysical Contingentism, the view that some claims of fundamental metaphysics are metaphysically contingent rather than necessary. In this paper, Rosen’s argument is explicated in detail and it is argued that the most straight-forward reconstruction fails to support its intended conclusion. Two possible ways to save the argument are (...) rebutted and it is furthermore argued that the crucial sub-argument only supports a rather particular variant of Metaphysical Contingentism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Standards and Assumptions, the Limits of Inclusion, and Pluralism in PsychiatryBennett Knox*, MA (bio)Let me begin by expressing my gratitude to AAPP, PPP, and the Jaspers Award Committee—I am deeply honored to receive this award. So too let me thank Anke Bueter (2022) and Awais Aftab (2022) for their thought-provoking commentaries. Many of the concerns they bring up are ones that I share, so I am delighted to (...) have a chance to discuss them in my response. I will bring up three central issues in turn: 1) the role of shared standards versus background assumptions, 2) the limits of inclusion, and 3) pluralism in psychiatry.Shared Standards or Background Assumptions?Both Bueter and Aftab reference Longino's "shared public standards" criterion for social objectivity (1990, p. 77; 2002, p. 130), which I did not explicitly discuss in the original paper (Knox, 2022). This was a choice I made partly because in the case of psychiatry determining what constitutes an appropriate "shared public standard" is often not at all straightforward, which points to a potential problem for Longino's view. Namely, in some cases it is a matter of dispute whether some assumption shared within a scientific field should be counted as a "shared public standard" (which Longino requires that there be) or a "background assumption" (which she requires be subjected to critical scrutiny). And it is sometimes unclear how we could effectively adjudicate this type of disagreement.Take the example Bueter uses of "psychiatrists aiming for biomedical explanations of a particular mental disorder, whereas the critics value research that does not assume the existence of mental disorders" (2022, p. 273). A conflict along these lines often does arise between advocates of the pathology paradigm and the neurodiversity paradigm with regard to Autism, for example.1 A psychiatrist working within the pathology paradigm may argue that something like "psychiatry must deal only with mental disorders, understood as pathologies" constitutes a shared standard, and so psychiatric research on Autism must understand it as a pathology. An advocate of the neurodiversity paradigm, however, might argue that this same proposition [End Page 275] is merely a normative background assumption shared among many psychiatrists, which ought to be questioned and ultimately rejected. How might we adjudicate this meta-disagreement about the status of this standard/assumption?Bueter gives some helpful guidance on this issue by pointing to Carrier's requirement that participants exhibit the "epistemic attitude" (2013). I agree that if all participants commit themselves to this attitude, then "…differences in conceptual resources and standards of assessment need not make shared deliberation impossible, and the standards can be a subject of discussion themselves" (Bueter 2022, p. 273). For instance, since this attitude requires some commitment to empirical adequacy, we might search for some empirical evidence that favors one paradigm over the other. But advocates of both paradigms might actually agree on all the empirical facts, and yet still have a deep disagreement about which paradigm's understanding should be accepted as a shared standard. If participants are committed to some common standards and goals, we may often be able to resolve this sort of problem. But there is still a danger that we may arrive at an impasse, with no clear idea how to proceed.Though in many cases scientific experts must be allowed some power to set the standards in their domain (lest we dilute that expertise in ways that Aftab rightly points out would be problematic), I would also caution against accepting that something is a legitimate shared public standard just because the members of a scientific community say so. In keeping with the spirit of Longino's reliance on Quine, none of our shared standards are in principle immune from revision—save perhaps a minimal commitment to empirical evidence and rational argument.The Limits of InclusionMy impression is that Longino's response to the "Nazi problem" presented by Hicks (2011) might be to bite the bullet: her account does require allowing Nazi scientists to participate, and perhaps even cultivating their participation. But if (as seems likely) the Nazi shows themself to be unable to adhere to the shared standards... (shrink)

In this issue of JCE, Douglas Diekema argues that the best interest standard (BIS) has been misemployed to serve two materially different functions. On the one hand, clinicians and parents use the BIS to recommend and to make treatment decisions on behalf of children. On the other hand, clinicians and state authorities use the BIS to determine when the government should interfere with parental decision-making authority. Diekema concedes that the BIS is appropriately used to “guide” parents in making medical treatment (...) decisions for their children. But he argues that the BIS is inappropriately used as a “limiting” standard to determine when to override those decisions. Specifically, Diekema contends that the BIS “does not represent the best means for determining when one must turn to the state to limit parental action.” He argues that this limiting function should be served by the harm principle instead of by the BIS.I contend that we should not reassign the BIS’s limiting function to the harm principle. In this article I make two arguments to support my position. First, the BIS has effectively served, and can serve, both guiding and limiting functions. Second, the harm principle would be an inadequate substitute. It cannot serve the limiting function as well as the more robust BIS. (shrink)

U podrucju manjinskih prava EU promovira norme koje nemaju uporiste u zakonodavstvu EU i koje nisu dio pravne stecevine EU. Limiti uvjetovanosti implementacije manjinskih prava koje EU promovira vidljivi su mehanizmu pracenja te implementacije, ukljucujuci i redovna izvjesca Evropske komisije o napretku zemlje ka EU koja prate manjinske probleme u politickom kontekstu neke zemlje. Izvjesca se baziraju na Kopenhagenskim kriterijima o zastiti manjina. Potrebni su ozbiljni napori u implementaciji zakonskih normi manjinskih prava. Nekoliko faktora utice na implemenatciju: konfuzija oko pravne (...) prirode zastite manjinskih prava, neodre?enost formulacije standarda i koristi koje bi njihovim provo?enjem neka zemlja imala. Kako svi ti faktori ne bi doprinosili daljnjoj nedorecenosti, EU mora ujednaciti i jasno definirati standarde manjinskih prava, uvjeravajuci vlade da postojanje manjinskih grupa obogacuje drustvo, a mjere usmjerene na ocuvanje njihove specificnosti utjecu na smanjenje rizika od konflikta.Iako se na primjeru Hrvatske moze vidjeti da su usvojene, promjenom zakonodavstva, mnoge evropske norme zastite manjina, iz izvjesca Evropske komisije najblize je moguce vidjeti i njihovu limitiranost, tj. ne primjenjivanje zakona u realnost. Izvjesca Evropske komisije o napretku prikazuju da manjinski problem nije prioritet EU u pristupnim pregovorima, te poteskoce EU u pracenju napretka u nedostatku jasno definiranih mjerila u podrucju manjinskih prava. (shrink)

RESUMO No Curso de Inverno de 1928/29, Heidegger afirmou que a matematização irrestrita no conhecimento dos seres vivos resultaria numa falha no propósito de elaborar a ontologia da vida orgânica. No presente artigo, examino as razões que justificam essa concepção. Com base em interpretações das investigações de biólogos como Hans Driesch J. v. Uexküll e Hans Spemann, o argumento de Heidegger integra quatro passos: 1) uma abordagem mereológica do corpo orgânico, concebido como uma unidade funcional de aptidões e intrinsecamente relacionado (...) a um ambiente; 2) uma análise formal da constituição dinâmica das aptidões, cuja estrutura pulsional consiste no atravessamento regulatório de uma dimensão; 3) uma interpretação do princípio de unificação das aptidões em termos da aptidão para comportar-se com algo em um ambiente. Esta argumentação leva a duas conclusões gerais: a matematização irrestrita implica uma descrição mecânica que supõe a desconsideração da determinação modal dos organismos; a estrutura dimensional, regulatória e protointencional das aptidões orgânicas é o fator limitante da matematização da vida. ABSTRACT In the Winter Course of 1928/29, Heidegger declared that an unrestricted mathematical determination in the knowledge of living beings would imply a failure in the purpose of developing the ontology for organic life. In this paper, I examine the reasons that justify this idea. Based on interpretations of biological researches carried by Hans Driesch, J. v. Uexküll and Hans Spemann, Heidegger’s argument has three steps 1) a mereological account of the organic body, which is conceived both as a functional unity of capabilities and as intrinsically related to an environment; 2) a formal analysis of the dynamic constitution of capabilities, which instinctually driven structure is a regulatory traversing of a dimension; 3) an interpretation of the unification principle of capabilities, which is conceived as a capability of behaving towards something within an environment. This argument entails two general conclusions: first, the unrestricted mathematical determination implies a mechanical description that presupposes the neglect of the modal structure of organisms; second, the dimensional, regulatory and proto-intentional structure of the organic capabilities is the limiting factor of the mathematical determination of living organisms. (shrink)

People have understandable concerns over what happens to their bodies, both during their life and after they die. Consent to organ donation is often perceived as an altruistic decision made by individuals prior to their death so that others can benefit from use of their organs once they have died. More recently, live organ donation has also been possible, where an individual chooses to donate an organ or body tissue that will not result in their death (such as a kidney). (...) Although these live organ donations can be purely altruistic, they are usually done to benefit a close family member. An additional complicating factor with both kinds of donation is whether forms of extended decision-making can be used as a means of consent. This is where instructions are issued through some form of advance directive giving specific written instructions as to donation or by appointing a proxy surrogate decision-maker to determine such issues. In the case of deceased donation, there is a question as to whether an advance directive can override the wishes of family members. In the case of live organ donation, there is a largely untested concern as to whether advance directives or surrogates can provide acceptable consent to donation when an individual, though still alive, has lost the capacity to consent for themselves. In this paper, I will focus predominantly on the second of these issues concerning live organ donation and the challenges this poses for donors who have lost capacity to consent. I argue that the limitations on advance directives and surrogate decision-making mean that they can only give us an indication of preference and cannot serve as an authoritative consent where there is any dispute over donation. Instead, in turns out that family members have a significant and usually determinate role to play in these decisions. Although I am focusing on organ donation, the implications for this potentially extend to the use of other tissues and even gametes, which could be used for reproductive purposes. (shrink)

Relatively few authors attempt to assess individuals’ moral responsibility for collective action within organizations. I draw on fairly technical recent work by Seamus Miller, Christopher Kutz, and Tracy Isaacs in the field of collective responsibility to see what normative lessons can be prepared for people considering entry into large hierarchical, compartmentalized organizations like businesses or the military. I will defend a view shared by Isaacs that group members’ responsibility for collective action depends on intentions to contribute to particular collective actions, (...) against Miller and Kutz’s more inculpating standards. Miller and Kutz fail to achieve their goal of articulating a variable standard for measuring individual responsibility within organizations, for reasons suggesting we might not be able to do better with their theoretical commitments than a threshold warning for all potential entrants to be wary of the groups they enter. Isaacs sketches an approach that is more successful at creating a variable standard for assessing high echelon actors; I build on and refine her theory to argue that organization members can be held responsible for their unique interpretations of the organization mission and unique contributions to their role duties. High echelon actors may share personal responsibility for their subordinates’ behavior when they have created the conditions for those actions through their unique orders. (shrink)

Recently, several articles in the scholarly literature on medical ethics proclaim the need for “responsible scholarship” in the debate over the proper criteria for death, in which “responsible scholarship” is defined in terms of support for current neurological criteria for death. In a recent article, James M. DuBois is concerned that academic critiques of current death criteria create unnecessary doubt about the moral acceptability of organ donation, which may affect the public’s willingness to donate. Thus he calls for a closing (...) of the debate on current death criteria and for journal editors to publish only critiques that “substantially engage and advance the debate.” We argue that such positions as DuBois’ are a threat to responsible scholarship in medical ethics, especially scholarship that opposes popular stances, because it erodes academic freedom and the necessity of debate on an issue that is literally a matter of life and death, no matter what side a person defends. (shrink)

Structures of employment in low-wage industries, a diminished wage and hour inspectorate, and an unworkable immigration regime have combined to create an environment where violations of basic workplace laws are everyday occurrences. This article identifies four “logics” of detection and enforcement, arguing that there is a mismatch between the enforcement strategies of most federal and state labor inspectorates and the industries in which noncompliance continues to be a problem. In response, the authors propose augmenting labor inspectorates by giving public interest (...) groups like unions and worker centers a formal, ongoing role in enforcement in low-wage sectors. In three case studies, the authors present evidence of an emergent system—one that harkens back to a logic proposed by the drafters of the Fair Labor Standards Act but never implemented—of empowering those closest to the action to work in partnership with government. (shrink)

Students’ written argumentation, including historical argumentation, is an important aspect of standardized assessments under the Common Core State Standards (CCSS). This mixed methods study explores the differences in students’ written argumentation when inquiry methods of instruction are employed and a rubric designed for CCSS standardized assessment is used in evaluation. Results indicate that inquiry methods do not necessarily improve students’ argumentative writing when scored on CCSS criteria, though qualitative analysis reveals considerable differences in the demonstration of historical thinking by (...) students in the treatment group. Many of these differences were captured with additional quantitative evaluation using a disciplinary specific instrument, though concerns remain regarding the ability to capture student knowledge through purely quantitative means. Implications for further assessment, research and instruction are discussed. (shrink)

Achieving valid informed consent from a human research participant involves an ongoing process designed to protect the participant and ensure their rights, safety, and well-being are not compromise...