This study attempts to examine the relationship between environment, social, and governance management and financial performance and the role of socially responsible investment in the National Pension Fund, Korea’s largest institutional investor. This study tries to provide evidence for the slack resource hypothesis by verifying whether companies with higher financial performance make more efforts to improve ESG performance. In addition, we tried to validate whether NPF is expanding its investments in corporations with high economic performance and high ESG performance. Based (...) on our analysis, Korean companies with good financial performance actively participate in ESG. When we compared the performance between 2019 and 2020, companies with high ESG performance increased regardless of financial performance level, whereas companies with high financial performance and low ESG performance decreased. This represents that the perception and attitude of Korean companies toward ESG management are evolving. NPF has a high investment ratio for firms having a high ratio in both financial and ESG performance. NPF further invested in companies with high ESG performance, even if the financial performance is not decent. This study provides evidence that Korean companies’ interest in ESG management as well as the behavior of socially responsible investment of NPF are rising. (shrink)

The purpose of this research is to gain a better understanding of the role of abstraction and idealization in Galileo’s scientific inquiries about the law of inertia, which occupies an important position in the history of science. We argue that although the terms “abstraction” and “idealization” are variously described in the recent literature, the concepts must be adopted to highlight important epistemological problems. In particular, we illustrate the importance of abstraction and idealization for the formation of the law of inertia (...) by establishing a distinction between two types of entities: quasi-ideal entities and idealized entities. These theoretical laws should therefore be justified, using deduction and induction, through quasi-idealized entities based on data from the everyday world. (shrink)

This longitudinal study examined the development of moral judgement in 37 nursing students attending a university in Suwon, Korea. The participants completed the Korean version of the Defining Issues Test to allow analysis of their level of moral judgement. The development of moral judgement was quantified using ‘the moral development score’ at each stage (i.e. the six stages detailed by Kohlberg) and the ‘P(%) score’ (a measure of the overall moral judgement level). The results were as follows: (1) the moral (...) development score for stage 5A was consistently the highest across the four years of the students’ course, showing significant differences in some sociodemographic factors including home, birth order and monthly income; and (2) the P(%) score was higher in fourth-year (47.47 ± 11.21) than in first-year (46.13±9.73) students. There was no significant difference in the P(%) score according to sociodemographic factors. Further studies will examine in detail the correlation between curriculum and moral judgement development. We suggest that courses in ethics education should be made more relevant. (shrink)

Although the language-related fiber pathways in the human brain, such as the superior longitudinal fasciculus and arcuate fasciculus, are already well-known, understanding more sophisticated cortical regions connected by the fiber tracts is essential to scrutinize the structural connectivity of language circuits. With the regions of interest that were selected based on the Brainnetome atlas, the fiber orientation distribution estimation method for tractography was used to produce further elaborate connectivity information. The results indicated that both fiber bundles had two distinct connections (...) with the prefrontal cortex. The SLF-II and dorsal AF are mainly connected to the rostrodorsal part of the inferior parietal cortex and lateral part of the fusiform gyrus with the inferior frontal junction, respectively. In contrast, the SLF-III and ventral AF were primarily linked to the anterior part of the supramarginal gyrus and superior part of the temporal cortex with the inferior frontal cortex, including the Broca's area. Moreover, the IFJ in the PFC, which has rarely been emphasized as a language-related subregion, also had the strongest connectivity with the previously known language-related subregions among the PFC; consequently, we proposed that these specific regions are interconnected via the SLF and AF within the PFC, IPC, and temporal cortex as language-related circuitry. (shrink)

The study reveals the political and ideological journey of Beom-do Hong, a Korean independence fighter and general as reflected in the historical novel of Soviet Korean writer Kim Se-il. Due to to the lack of historical records on Beom-do Hong, stories on his deeds before and after the Japan's annexation of Korea remained at the level of legends. In Korean society, his figure is seen within opposing positions and discourses; to some he is a national hero; to others a communist (...) collaborator. This investigation of the historical novel as a medium for the transmission of shared memories based on the protagonist's battle diary and the recollections of his comrades will fill the gap in the historical memory and contribute to alleviating social political conflicts. Memorial heritage is closely linked to the intangible aspects of heritage, which is an essential driver of development. (shrink)

This chapter contains sections titled: Zack's Sensitivity Zack's Race Zack's Desire Zack's Violence Music Conclusion Notes.

It's early evening, a Friday night in October, and I have hauled myself off the couch to make dinner for my son and me. It's just us; the more active cooks in our family are away and the house is quiet. I've spent all afternoon immersed in scholarly literature about the history of home economics, and I chuckle at the irony as I pour premade marinara sauce over the noodles. I call up my son from the basement, where he's been (...) immersed in his own studies, and find myself musing about our beginnings together—that spring when he arrived twenty-three years ago just as the trees were beginning to bud. I mutter about how perplexing cooking and mothering have been for me, and realize that these glimpses of me as a young mother and ponderings of how to take up increasing responsibilities as a middle-aged Indigenous “academic auntie” bookend my seasons of Indigenous feminist growth. (shrink)

Kim Stanley Robinson a toujours interrogé l’exploration spatiale comme moyen d’émancipation. Mais sur cette aventure extraterrestre, il est devenu de moins en moins optimiste au fil de ses livres. Il croit encore en sa dimension utopique, mais à condition qu’elle devienne modeste et cède la place, en termes de priorité, à la préservation des conditions d’habitabilité de la Terre, au cœur de son dernier roman Le Ministère du futur.

Peut-on tenter une nouvelle approche de Descartes? Penser philosophiquement la notion de creation, c'est la traduire dans le registre des quatre causes: ainsi la cause efficiente relie et separe a la fois le createur et le cree; mais Dieu est aussi cause formelle, ce qui sauve la continuite entre l'auteur et son ouvrage. Cette continuite se nomme analogie et cette analogie assure l'autonomie de la pensee finie. Ce transfert d'autorite dans la production meme, particulierement manifeste chez Descartes, permet de comprendre (...) la devolution a l'homme d'un certain pouvoir createur. L'agir humain peut etre inaugural. L'est-il en matiere de philosophie? La dette de Descartes envers la scolastique tardive semble indiquer qu'on ne pense qu'a partir de ce qu'on herite. L'ambivalence de la notion de creation ne nous permettrait-elle pas cependant de montrer que le commencement dans la pensee reste a tout moment possible? Telle pourrait etre l'explication du radicalisme cartesien. (shrink)

L’objet de cette étude est de présenter certains enjeux actuels de la philosophie sociale. Honneth voit dans la reconnaissance une exigence normative de la relation sociale et un concept critique en mesure de soutenir les luttes sociales contre le déni de reconnaissance et la vulnérabilité sociale. Butler envisage plutôt la reconnaissance comme une relation de pouvoir, et elle voit dans la notion d’ « appréhension » un instrument critique pour envisager à nouveaux frais la reconnaissance. La vulnérabilité du corps et (...) la précarité de toute vie ne sont pas reconnues pleinement mais sont susceptibles d’être appréhendées. Au travers de leur débat, c’est une conception du sujet produit intersubjectivement, et de son autonomie décentrée, qui se fait jour, en particulier avec l’idée butlérienne d’un sujet perméable, pensé à travers la relecture du conatus spinoziste.This essay introduces us to central issues in contemporary social philosophy. Honneth considers recognition as a normative requirement in social relation, and also as a critical concept supporting the social struggles against misrecognition and social vulnerability. Butler thinks of recognition as a power relation, and builds a notion of « apprehension », as a critical instrument to think in a different way about recognition. The vulnerability of the body and the precariousness of life are never fully recognized but can be apprehended. Their discussion focuses on a concept of subject, produced in the context of intersubjectivity, and socially provided with decentered autonomy, especially with Butler’s conception of a permeable subject, grounded on an reinterpretation of a spinozist account of the conatus. (shrink)

This article investigates the Neo-Confucian discourse on war, premised on the “Chinese versus barbarian” binary, and its impact on the Neo-Confucian scholar-officials of 17th-century Chosŏn Korea. It shows that Korean Neo-Confucians suffered invasions from the Jurchens, who they regarded as “barbarians,” and that the political debate on how to respond to the “barbarians” drove the advocates of the pro-peace argument to reimagine Chosŏn’s statehood. The article consists of three parts. First, it reconstructs the philosophical foundations of the mainstream Neo-Confucian discourse (...) on the war with the “barbarians” with reference to Zhu Xi. Second, it discusses the strong impact of the Neo-Confucian paradigm of war on the orthodox Korean Neo-Confucians of the 17th century. Third, it examines how Ch’oe Myŏng-kil, one of the rare champions of the pro-peace argument at the time, justified making peace with the Jurchens through the judicious use of “the expedient.”. (shrink)

This article investigates the Neo-Confucian project of “reverse moral economy,” which aims to restore the ideal congruence between political power and moral virtue, by examining a political debate on the selection of the new Crown Prince and the incumbent ruler’s subsequent abdication that took place in Korea during the formative period of the Chosŏn 朝鮮 dynasty in light of the so-called “the Mencian trouble,” a compromise between Mencius’ ideal vision of Confucian virtue politics and his realistic concern with political stability. (...) After discussing how Korean Neo-Confucians were able to justify their choice of a more virtuous candidate in violation of the Lineage Law, which upheld father-son transmission as the constant norm, by judiciously balancing between the candidate’s virtue and the incumbent ruler’s recommendation, it articulates the Korean Neo-Confucian project of reverse moral economy from the standpoint of the constitutionality of the new dynasty. (shrink)

La doctrine du conatus chez Spinoza est formulée de façon si radicale que le suicide apparaît comme incompréhensible. Cela contraste avec la référence importante aux actes suicidaires dans ses ouvrages. Pour résoudre ce contraste et défendre la compatibilité entre le suicide et le conatus, nous proposons une lecture nouvelle de la proposition 5 de l’Éthique III sur la contrariété. Nous dégageons la complexité de chaque individu, la conflictualité entre ses parties, et enfin le conatus de chacune de ces parties, qui (...) jouit, en fonction des relations avec les choses extérieures, d’une certaine indépendance par rapport au conatus de l’individu dans son ensemble. (shrink)

Lorsque nous parlons généralement d’un espace vide, ce vide n’est pas réellement vide physiquement. L’espace vide est rempli d’air, de matière invisible, mais il ne peut pas être vu ou capturé. Pourtant, nous savons bien que l’air, élément indispensable pour tous les êtres vivants, est également présent autour de nous. Devrions-nous alors considérer différemment l’espace vide et l’air dans l’installation? Pour Yasuaki Onishi, sculpteur et installateur in situ, l’espace vide est un lieu essentiel pour l’installation et l’inspiration. Il s’intéresse à (...) l’invisible, à l’espace, à l’air, à l’espace négatif, etc. Il révèle ce qui est invisible, en utilisant un matériau léger tel qu’un adhésif liquide noir et le support de matériaux immatériels tels que la lumière, l’air ou d’autres matériaux intangibles. Parmi ses travaux, en particulier, en analysant les œuvres de la série Vertical Volume, Daily Distance, Gawa, Shaping Air – A Breath of Mobility et Vertical Space, nous cherchons dans cette étude la signification de l’air invisible, du ki, du svi, du wonsang et le sens du vide du Tao et du bouddhisme. Quel est le sens du vide dans une installation de Yasuaki Onishi? Et quel est l’enjeu entre l’espace vide et l’espace plein, l’espace visible et l’espace invisible, la matérialité et l’immatérialité? Dans son travail, qui ne suit pas le processus général de la sculpture traditionnelle, nous trouverons le lien avec la signification de l’espace négatif et avec le terme coréen gan, l’espace-temps, avec le mot japonais ma qui constitue un concept esthétique au Japon. When we generally speak of an empty space, this empty is not really physically empty. The empty space is filled with air, invisible matter, but it cannot be seen or captured. However, we know that air, an essential element for all living things, is also present around us. So should we consider differently the empty space and air in the installation? For Yasuaki Onishi, sculptor and installator in situ, the empty space is an essential place for installation work and inspiration. The empty space that we think is empty is filled with substances that are invisible. The empty space is filled with air, but it can’t be seen or captured. He is interested in the invisible, space, air, negative space, etc. He reveals what is invisible, using a light material such as a black liquid adhesive, with the support of non-material materials such as light, air or other intangible materials. Among his works, in particular, by analyzing the works of the series Vertical Volume, Daily Distance, Gawa, Shaping Air – A Breath of Mobility and Vertical Space, we look for the meaning of invisible air, breath, ki, svi, the etymology of sunyata, wonsang 원상, and the meaning of emptiness of Tao and Buddhism. Through the work of Yasuaki Onishi, what is the meaning of the emptiness in his installation? And what is at stake between empty space and full space, visible space and invisible space, materialism and immateriality. In his work, which does not follow the general process of typical sculpture, we will find the connection with the meaning of “negative space” and the term Korean gan “간 ”, the space-time, as the Japanese word “ma ” that use as a concept of aesthetics in Japan. (shrink)

Parmi les études, de plus en plus nombreuses, consacrées à l’histoire des jeunes, les travaux centrés uniquement sur la jeune fille médiévale sont rares. On a tenté de construire son histoire en exploitant des sources qui, a priori, offraient davantage de renseignements : contrats d’apprentissage, récits de miracles, sources littéraires, traités de médecine ou de pédagogie, etc. De précieux renseignements ont été obtenus sur sa vie quotidienne : relations familiales, éducation, travail, et su...

Philosophers ask just whose expression, if anyone’s, we hear in lyric poetry. Walton provides a novel possibility: it’s the reader who “uses” the poem (just as a speech giver uses a speech) who makes the language expressive. But worries arise once we consider poems in particular social or political settings, those which require a strong self-other distinction, or those with expressions that should not be disassociated from the subjects whose experience they draw from. One way to meet this challenge is (...) to consider the poem expressive of a plural subject, which frees us from looking for a particular individual whose voice we hear in the work, whether she be fictional or actual. Some lyrics give voice to a group whose experience is attended to in the work. This may be done through a posited fictional speaker, but the ontology of the speaker is shown to be less important. Attending to a group whose concerns are voiced allows us to explain how poems can manage to address our-worldly concerns even when lacking actual persons whose expressions we encounter in the poems. (shrink)

This book is not a conventional introduction to the philosophy of mind, nor is it a contribution to the physicalist/ dualist debate. Instead The Representational Theory of Mind demonstrates that we can construct physicalist theories of important aspects of our mental life. Its aim is to explain and defend a physicalist theory of intelligence in two parts: the first six chapters consist of an exposition, elaboration and defence of human sentience (the functionalist theory of mind), and the second part considers (...) rivals and objections to this theory. Kim Sterelny aims to introduce people to this area of philosophy by exemplifying it, to show that philosophical and empirical investigations can be synthesized to the benefit of both. --From publisher's description. (shrink)

Xenophobia is conceptually distinct from racism. Xenophobia is also distinct from nativism. Furthermore, theories of racism are largely ensconced in nationalized narratives of racism, often influenced by the black-white binary, which obscures xenophobia and shelters it from normative critiques. This paper addresses these claims, arguing for the first and last, and outlining the second. Just as philosophers have recently analyzed the concept of racism, clarifying it and pinpointing why it’s immoral and the extent of its moral harm, so we will (...) analyze xenophobia and offer a pluralist account of xenophobia, with important implications for racism. This analysis is guided by the discussion of racism in recent moral philosophy, social ontology, and research in the psychology of racism and implicit attitudes. (shrink)

An observation of Hume’s has received a lot of attention over the last decade and a half: Although we can standardly imagine the most implausible scenarios, we encounter resistance when imagining propositions at odds with established moral (or perhaps more generally evaluative) convictions. The literature is ripe with ‘solutions’ to this so-called ‘Puzzle of Imaginative Resistance’. Few, however, question the plausibility of the empirical assumption at the heart of the puzzle. In this paper, we explore empirically whether the difficulty we (...) witness in imagining certain propositions is indeed due to claim type (evaluative v. non-evaluative) or whether it is much rather driven by mundane features of content. Our findings suggest that claim type plays but a marginal role, and that there might hence not be much of a ‘puzzle’ to be solved. (shrink)

Kichul Kim, né en 1969 à Séoul, a ceci de remarquable qu’il prétend — et réussit — à sculpter le son. En effet, il a une formation de sculpteur. Mais il se fascine très tôt pour le son, pour des raisons spirituelles. L’énigme du bodhisattva Gwan-eum qui, selon l’étymologie de son nom, « voit ou fait voir les sons », l’intrigue. Une intuition lui révèle — pense-t-il — de quoi il s’agit. Il va s’efforcer de le faire voir à son (...) tour. Le son fait voir, visualiser, évoquer, et on peut donc, en ce sens, voir le son. Ses installations sonores sont en général réalisées dans des formes minimales et simplifiées. Ces formes pures ne correspondent qu’au son qu’il veut diffuser. C’est le son qu’émettent des haut-parleurs, un son qu’il a enregistré et qui parle. En effet, le son, tout invisible et intangible qu’il est, par l’espace qu’il recrée et modèle, est tridimensionnel, et sculptable. Le spectateur ne peut certes pas voir ce travail sonore par ses yeux de chair, pas plus qu’il ne peut le toucher de sa main, mais son œil de l’imagination, son imagination visuelle, le construit, et en ce sens il le perçoit bien : à partir du son se crée une image, une image dont l’intensité frôle l’illusion. On a là un véritable environnement créé par le son. Inspiré par l’Extrême-Orient ancien, son art et sa pensée, Kichul Kim puise dans ses sites historiques, religieux souvent, et dans la nature, son inspiration et ses enregistrements. L’environnement particulier d’origine est rendu présent par son son, si puissamment que l’auditeur devient spectateur, recréant activement la scène originelle : spect-acteur. Plongé si profondément en lui-même, il est graduellement conduit aux portes d’une sorte de méditation, ici et ailleurs à la fois, comme hors du temps. Kichul Kim, born in 1969 in Seoul, is remarkable in that he claims—and succeeds—to carve the sound. He trained as a sculptor but was fascinated very early with the sound, for spiritual reasons. The enigma of the Bodhisattva Gwan-eum which, according to the etymology of its name, “sees or makes one see sounds”, intrigued him. He understood intuititvely what it means and tried to examplify it himself. The sound makes you see, visualize, evoke, and you can, in this sense, see the sound. His sound installations are generally performed in minimal and simplified forms. These pure forms correspond only to the sound he wants to produce. This is the sound emitted through loudspeakers, a sound that he recorded and that speaks. Indeed, the sound, as invisible and intangible as it is, thanks to the space it recreates and models, becomes three-dimensional, and “sculptable”. The spectator certainly cannot see this sonic work through his/her eyes of flesh, any more than he/she can touch it with his/her hand. But his/her eye of the imagination, the visual imagination, builds it, and in this sense he/she perceives it well: from the sound is created an image whose intensity borders on illusion. This is a real environment created by sound. Inspired by the ancient Far East, its art and thought, Kichul Kim draws from historical sites, often religious, and from nature, for his inspiration, and recordings. The particular environment of which the sounds originates is made present by the sound, so powerfully that the listener becomes a spectator, actively recreating the original scene: spect-actor. So deeply immersed in himself, he is gradually led to the gates of a kind of meditation, here and elsewhere at once, as if out of time. (shrink)

Structural injustice broadly refers to objectionable outcomes produced by generally accepted social structures for members of particular social groups. But theorists of structural injustice have said relatively little about why certain outcomes are objectionable, and many theorists suggestively connect structural injustice to a worry about oppression without explaining their precise normative concerns. I provide a normative analysis of structural injustice that addresses this gap and clarifies its connection to oppression. On this view, there are two kinds of structural injustice, each (...) grounded in a distinct moral concern. One is a freedom-based concern for how social structures harmfully constrain members of a social group, depriving them of the means to develop and exercise their capacities. The other is an equality-based concern for how social structures subordinate a social group to others in hierarchies of power, standing, and esteem. By disentangling these concerns, this account shows that our social structures contain multiple kinds of injustice that do not necessarily travel together; some social groups experience unfreedom without being subordinated to others, and indeed their unfreedom is intertwined with their dominant position over subordinated groups. Furthermore, against prevailing philosophical accounts, this analysis shows that there are good reasons to understand oppression primarily as an issue of inequality rather than an issue of unfreedom. (shrink)

This paper intends to highlight how the Kazakhs, the indigenous ethnic group that emerged as the leading subject of society in Kazakhstan after independence from the former Soviet Union, reclassify and remodel their self-culture in the new socio-political context. Despite the craving for resuscitating the Islamic tradition, shrunk under colonial domination, rather the indigenous folklorized Islam came to be classified as a pure national tradition under the fear of radical Islamism, causing the exclusion of the orthodox Muslims. This paper looks (...) at hijabed Muslim women, considered to be outside the reclassified boundary of national tradition, and efficiently controlled and marginalized by the discourse produced by the ruling powers. The authors include field research and interviews from a number of participants, making visible the strategies of exclusion and the political narratives constructed around what people should remember and learn. These narratives recollect forms of imperialism which continue to be, in one way or another. (shrink)

This paper investigates the contexts on the grand narrative and the memory manipulation of the media in the case of Soviet Korean migrants. The study focuses on the forced migration of Soviet Koreans and how their memories were covered up by dominant Soviet narratives. Specifically, the paper explores LeninKichi, a Korean newspaper that became the mouth of institutional power. The research brings to light part of the history of Soviet Koreans migrants, whose memories were buried by a socio-cultural system that (...) encouraged narratives of victory and progress through an oppositional symbolism of glorious patriots versus enemies and traitors. (shrink)

This paper investigates microcultural imperialism upon Eastern cultural heritage. In particular, it exposes the loss of Korean cultural artifacts during wars, and also during imperial cultural expeditions, visits of scholarly research groups, and diplomatic encournters. The paper argues that imperialist domination is sometimes concealed in the name of Oriental Studies projects and the assumed superiority of certain nations in terms of knowledge and technology.

1. Chŏngch'i ch'ŏrhak kwa chŏngsin punsŏkhak ŭi mannam -- 2. Han'gugin ŭi chamjae ŭisik kwa chŏngch'i pyŏngni.

The philosophy of mind has always been a staple of the philosophy curriculum. But it has never held a more important place than it does today, with both traditional problems and new topics often sparked by the developments in the psychological, cognitive, and computer sciences. Jaegwon Kim’s Philosophy of Mind is the classic, comprehensive survey of the subject. Now in its second edition, Kim explores, maps, and interprets this complex and exciting terrain. Designed as an introduction to the field for (...) upper-level undergraduates and graduate students, Philosophy of Mind focuses on the mind/body problem and related issues, some touching on the status of psychology and cognitive science. The second edition features a new chapter on Cartesian substance dualism-a perspective that has been little discussed in the mainstream philosophy of mind and almost entirely ignored in most introductory books in philosophy of mind. In addition, all the chapters have been revised and updated to reflect the trends and developments of the last decade. Throughout the text, Kim allows readers to come to their own terms with the central problems of the mind. At the same time, the author’s own emerging views are on display and serve to move the discussion forward. Comprehensive, clear, and fair, Philosophy of Mind is a model of philosophical exposition. It is a major contribution to the study and teaching of the philosophy of mind. (shrink)

This book is part of the growing field of practical approaches to philosophical questions relating to identity, agency and ethics, working across continental and analytical traditions. Kim Atkins explains and justifies the basis of the practical approach through an explication of the structures of human embodiment and an account of how those structures necessitate a narrative model of selfhood, understanding and ethics. She highlights how recent work on agency and autonomy implicitly draws upon conceptions of embodiment and intersubjectivity that underpin (...) the narrative view. (shrink)

The essays collected in this volume address a range of issues that arise when the focus of philosophical reflection on identity is shifted from metaphysical to practical and evaluative concerns. They also explore the usefulness of the notion of narrative for articulating and responding to these issues. The chapters, written by an outstanding roster of international scholars, address a range of complex philosophical issues concerning the relationship between practical and metaphysical identity, the embodied dimensions of the first-personal perspective, the kind (...) of reflexive agency involved in the self-constitution of one’s practical identity, the relationship between practical identity and normativity, and the temporal dimensions of identity and selfhood. In addressing these issues, contributors engage with debates in the literatures on personal identity, phenomenology, moral psychology, action theory, normative ethical theory, and feminist philosophy. (shrink)

This book is part of the growing field of practical approaches to philosophical questions relating to identity, agency and ethics--approaches which work across continental and analytical traditions and which Atkins justifies through an explication of how the structures of human embodiment necessitate a narrative model of selfhood, understanding, and ethics.

Although informed consent is important in clinical research, questions persist regarding when it is necessary, what it requires, and how it should be obtained. The standard view in research ethics is that the function of informed consent is to respect individual autonomy. However, consent processes are multidimensional and serve other ethical functions as well. These functions deserve particular attention when barriers to consent exist. We argue that consent serves seven ethically important and conceptually distinct functions. The first four functions pertain (...) principally to individual participants: (1) providing transparency; (2) allowing control and authorization; (3) promoting concordance with participants' values; and (4) protecting and promoting welfare interests. Three other functions are systemic or policy focused: (5) promoting trust; (6) satisfying regulatory requirements; and (7) promoting integrity in research. Reframing consent around these functions can guide approaches to consent that are context sensitive and that maximize achievable goals. (shrink)

Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether (...) the psychiatrist should disclose to his patient's girlfriend that the patient wants to kill her? Kim Lane Scheppele answers the question, Which secrets are legal secrets and what makes them so? She challenges the economic theory of law, which argues that judges decide cases in ways that maximize efficiency, and she shows that judges use equality as an important principle in their decisions. In the course of thinking about secrets, Scheppele also explores broader questions about judicial reasoning--how judges find meaning in legal texts and how they infuse every fact summary with the values of their legal culture. Finally, the specific insights about secrecy are shown to be consistent with a general moral theory of law that indicates what the content of law should be if the law is to be legitimate, a theory that sees legal justification as the opportunity to attract consent. This is more than a book about secrets. It is also a book about the limits of an economic view of law. Ultimately, it is a work in constructive legal theory, one that draws on moral philosophy, sociology, economics, and political theory to develop a new view of legal interpretation and legal morality. (shrink)

Completely revised and updated in its Second Edition, Language and Reality provides students, philosophers and cognitive scientists with a lucid and provocative introduction to the philosophy of language.

Direction of fit theories usually claim that beliefs are such that they “aim at truth” or “ought to fit” the world and desires are such that they “aim at realization” or the world “ought to fit” them. This essay argues that no theory of direction of fit is correct. The two directions of fit are supposed to be determinations of one and the same determinable two-place relation, differing only in the ordering of favored terms. But there is no such determinable (...) because of ineliminable asymmetries between the way that beliefs “aim at truth” and the way that desires “aim at realization.” This essay traces the ills of direction of fit theory to a misunderstanding of Anscombe and proposes a cure that distinguishes theoretical and practical thought by appeal to a distinction between thought in the form of a state and thought in the form of an event. (shrink)

Is Anscombean practical knowledge independent of what the agent actually does on an occasion? Failure to understand Anscombe’s answer to this question is a major obstacle to appreciating the subtlety and plausibility of her view. I argue that Anscombe’s answer is negative, and turns on the nature of mistakes in performance, and reveals a distinctive implicit metaphysics of mind and knowledge, structured by related capacities and exercises of capacities. If my interpretation is correct, then practical knowledge shares features with knowledge-how (...) and knowledge-that, but deserves its own epistemic category. (shrink)