Transnational corporations have become actors with significant political power and authority which should entail responsibility and liability, specifically direct liability for complicity in human rights violations. Holding TNCs liable for human rights violations is complicated by the discontinuity between the fragmented legal/political structure of the TNC and its integrated strategic reality and the international state system which privileges sovereignty and non-intervention over the protection of individual rights. However, the post-Westphalian transition—the emergence of multiple authorities, increasing ambiguity of borders and jurisdiction (...) and blurring of the line between the public and private spheres—should facilitate imposing direct responsibility on transnational firms. Mechanisms for imposing direct responsibility on TNCs are considered including voluntary agreements and international law. However, I conclude that a hybrid public-private regime which relies on non-hierarchical compliance mechanisms is likely to be both more effective and consistent with the structure of the emerging transnational order. (shrink)

1 Introducing Monsieur Foucault Stephen J. Ball Michel Foucault is an enigma, a massively influential intellectual who steadfastly refused to align himself ...

In 1937, just as Dobzhansky published the book that later generations would laud as the foundation of the modern synthesis, the American Naturnlist published a symposium on "supraspecific variation in nature and in classification." Alfred C. Kinsey, who later became one of America's most controversial intellectuals for his study of basic behaviors in another sort of WASP,1 led off the symposium with a summary of his extensive work on a family of gall wasps, the Cynipidae. In his article, Kinsey strongly (...) advocated the central theme of the developing synthesis: Evolution at all scales, particularly macroevolution, could be explained by the genetic mechanisms observed in laboratories and local populations. He first complained that some geneticists and naturalists were still impeding a synthesis with their insistence upon causal separation of levels: "Just as some of the geneticists have insisted that the laboratory genetics may explain the nature and origin of Mendelian races, but not of natural species, so others indicate that the qualities of higher categories must be explained on bases other than those involved in species" (1937, p. 208). He then defended the central postulate. (shrink)

War metaphors are ubiquitous in discussions of everything from political campaigns to battles with cancer to wars against crime, drugs, poverty, and even salad. Why are warfare metaphors so common, and what are the potential benefits and costs to using them to frame important social and political issues? We address these questions in a detailed case study by reviewing the empirical literature on the subject and by advancing our own theoretical account of the structure and function of war metaphors in (...) public discourse. We argue that war metaphors are omnipresent because they draw on basic and widely shared schematic knowledge that efficiently structures our ability to reason and communicate about many different types of situations, and they reliably express an urgent, negatively valenced emotional tone that captures attention and motivates action. Nevertheless, we find that the meaning of war metaphors is intimately tied to the context in which they are used, which may result in either positive or negative outcomes, depending on the situation. Thus, blanket statements about whether or not a war frame is useful are misguided or overly constraining. Here we situate our case study results in relation to popular theories of metaphoric representation and processing and offer some guidelines for using a war framing effectively. This work helps illuminate the complex, dynamic, and nuanced functions of metaphor in cognition in general, and in public discourse in particular. (shrink)

Foucault, Power, and Education invites internationally renowned scholar Stephen J. Ball to reflect on the importance and influence of Foucault on his work in educational policy.

According to a natural view of instrumental normativity, if you ought to do φ, and doing ψ is a necessary means for you to do φ, then you ought to do ψ. In “Instrumental Normativity: In Defense of the Transmission Principle,” Benjamin Kiesewetter defends this principle against certain actualist-inspired counterexamples. In this article I argue that Kiesewetter’s defense of the transmission principle fails. His arguments rely on certain principles—Joint Satisfiability and Reason Transmission—which we should not accept in the unqualified forms (...) needed to establish his conclusion. (shrink)

Most studies into the performance of socially responsible investment vehicles have focused on the performance of sustainable or socially responsible mutual funds. This research has been complemented recently by a number of studies that have examined the performance of sustainable investment indices. In both cases, the majority of studies have concluded that the returns of socially responsible investment vehicles have either underperformed, or failed to outperform, comparable market indices. Although the impact of sustainable indices to date has been limited, the (...) recent launch of sustainable indices by Dow Jones and FTSE suggests that more attention is being paid to the subject by financial markets, investors, and companies. This development raises a number of important issues which are reviewed in this article: (a) the performance of indices compared with their benchmark indices; (b) the methodologies employed in compiling the indices; and (c) the impact of the indices on companies and the investment community. The article concludes with a number of suggestions for areas that merit future research. (shrink)

Are predictions about how one will freely and intentionally behave in the future ever relevant to how one ought to behave? There is good reason to think they are. As imperfect agents, we have responsibilities of self-management, which seem to require that we take account of the predictable ways we're liable to go wrong. I defend this conclusion against certain objections to the effect that incorporating predictions concerning one's voluntary conduct into one's practical reasoning amounts to evading responsibility for that (...) conduct. There is, however, some truth to this sort of objection. To understand the legitimate role of self-prediction in practical reasoning, we need to distinguish instances of coping responsibly with an anticipated failure to behave as one ought, on the one hand, from mere acquiescence in one's flaws, on the other. I argue that, to draw this distinction, we must recognize certain limits on the use of self-prediction as a ground of choice. (shrink)

There is a wide-spread belief amongst theorists of mind and language. This is that in order to understand the relation between language, thought, and reality we need a theory of meaning and content, that is, a normative, formal science of meaning, which is an extension and theoretical deepening of folk ideas about meaning. This book argues that this is false, offering an alternative idea: The form of a theory that illuminates the relation of language, thought, and reality is a theory (...) of language agency. In a nutshell, the theory of language agency is a theory of competence, without being a theory of understanding or grasping rules. It is a theory of cognitive structure and language production. This theory distils all there is to say about language, thought, and reality. It does not supplement a theory of truth-conditions or semantic norms. It is not the explanation of how a speaker, qua cognitive system causally embedded in a larger reality, is able to use a language with some pre-existing semantic characterization. There is no pre-existing semantic characterization. Nevertheless, there are facts of meaning, as good as any other facts. The dissolution of the theory of meaning is accompanied by another disappearance. That is the disappearance of metaphysical questions in a number of domains. Once we complete the theory of language agency, then just as theoretical questions about meaning disappear, certain theoretical questions about existence disappear. Having provided a theory of the language agency for talk of meaning, fact, property, relation, and proposition, there is no question left over about what meanings, facts, properties, relations, and propositions are. There is no theory to be given of their natures. This is not because they have primitive irreducible natures. Rather it is because, in a sense to be clarified in this work, they lack natures. I call this approach to language agency Global Expressivism. That is because it generalizes some of the insights brought to the study of value-language by expressivists. However, it removes these insights from the clouding affects of attempting to make expressivism a semantic theory. Expressivism about value fails as a semantic theory of value talk. However, global expressivism can succeed as a theory of all talk because it is not a semantic theory but a theory of language agency, wherein the theory of meaning is replaced by a theory of talk about meaning. (shrink)

This article proposes 3 principles and 3 imperatives as the philosophical foundations of a global journalism ethics. The central claim is that the globalization of news media requires a radical rethinking of the principles and standards of journalism ethics, through the adoption of a cosmopolitan attitude. The article explains how and why ethicists should construct a global journalism ethics, using a contractualist approach. It then formulates 3 "claims" or principles: the claims of credibility, justifiable consequence, and humanity. The claim of (...) humanity is developed further by the formulation of 3 imperatives: to act as a global agent, to serve world citizens, and to enhance nonparochial understandings. The article concludes by considering some implications of a cosmopolitan attitude for the practice of journalism. (shrink)

The current system of ethical oversight in the United States is based on Institutional Review Board (IRB) review. The system was established in response to well-known and egregious mistreatment of subjects in both biomedical and social and behavioral research. In the decades since the research regulations were enacted, reaction to the burden of IRB oversight has led the system to focus on compliance and limit its active oversight disproportionately to studies that could present the risk of physical harm. At the (...) same time, the characteristics of the research enterprise have changed and methodologies now present novel risks that were not envisioned in the regulations. We convened a group of IRB professionals, academic leaders, and others to discuss limitations of the current system, how that system could be changed to recognize evolving risks and an increasing focus on participant and community voice, and how it could better serve the needs of researchers and support the societal project of science as a public good. Recommendations included a call to reexamine the academic incentive structure, to develop a system to support consideration of ethical principles from the time of study design, and to explicitly provide different ethical support and oversight for high-risk interventional trials and lower risk biomedical and social behavioral research. (shrink)

This book is a comprehensive introduction to media ethics and an exploration of how it must change to adapt to today's media revolution. Using an ethical framework for the new 'mixed media' ethics – taking in the global, interactive media produced by both citizens and professionals – Stephen J. A. Ward discusses the ethical issues which occur in both mainstream and non-mainstream media, from newspapers and broadcast to social media users and bloggers. He re-defines traditional conceptions of journalistic truth-seeking, (...) objectivity and minimizing harm, and examines the responsible use of images in an image-saturated public sphere. He also draws the contours of a future media ethics for the 'new mainstream media' and puts forward cosmopolitan principles for a global media ethics. His book will be invaluable for all students of media and for others who are interested in media ethics. (shrink)

Frege’s distinction between force and sense is a central pillar of modern thinking about meaning. This is the idea that a self-standing utterance of a sentence S can be divided into two components. One is the proposition P that S’s linguistic meaning and context associates with it. The other is S’s illocutionary force. The force/sense distinction is associated with another thesis, the embedding principle, that implies that the only content that embeds in compound sentences is propositional content. We argue that (...) both the Force/Sense distinction and the principle of embedding are seriously challenged by figurative language, and irony in particular. We conclude that theorists need to go back to the drawing board about the nature of illocutionary acts. (shrink)

How, if at all, does one's intention to realize an end bear on the justification for taking the means to that end? Theories that allow that intending an end directly provides a reason to take the means are subject to a well-known "bootstrapping" objection. On the other hand, "anti-psychologistic" accounts—which seek to derive instrumental reasons directly from the reasons that support adopting the end itself—have unacceptable implications where an agent faces multiple rationally permissible options. An alternative, predictive, role for intention (...) in means-end reasoning is considered and rejected. A new proposal is then developed, according to which instrumental reasons are not merely reasons to perform an act necessary for a given end, but to perform the act for the sake of that end. (shrink)

This essay responds to Hirstein, Sifferd and Fagan’s book, Responsible Brains, which claims that executive function is the guiding mechanism that supports both responsible agency and the necessity for some excuses. In contrast, I suggest that executive function is not the universal acid and the neuroscience at present contributes almost nothing to the necessary psychological level of explanation and analysis. To the extent neuroscience can be useful, it is virtually entirely dependent on well-validated psychology to correlate with the neuroscientific variables (...) under investigation. The essay considers what executive function is and what the neuroscience adds to our understanding of it. Then it addresses moral and legal responsibility generally, and specific doctrines. Executive function is seldom found to be the most perspicuous approach to any of the general or specific moral and legal questions. (shrink)

Stephen Ward argues that present media practices are narrowly based within the borders of single country and thus unable to successfully inform the public about a globalized world. Presenting an ethical framework for work in multimedia, the author extends John Rawl’s theories of justice and the human good to redefine the aims for which journalism should strive and then applies this new foundation to issues such as the roles of patriotism and objectivity in journalism. An innovative argument that presents (...) a necessary corrective to contemporary media practices, Global Journalism Ethics is a theoretically rich study for journalists on the air, in print, and on the internet. (shrink)

Recognizing that students are fundamentally engaged in a process of learning and self-development, ethical review of sub-doctoral student research should be proportionate to that objective. A student's tutor has the pedagogical role and an ethics committee should not interfere with that relationship other than to seek to avoid harms unforeseen by either the student or tutor. Underpowered or other statistically or methodologically flawed sub-doctoral research should not however, in general, be regarded as ethically concerning. With the proviso that no subject (...) is harmed the student can be allowed to learn such lessons as their mistakes may afford them. (shrink)

A comprehensive theory ofeven if needs to account for consequent ‘entailing’even ifs and in particular those of theif-focused variety. This is where the theory ofeven if ceases to be neutral between conditional theories. I have argued thatif-focusedeven ifs,especially if andonly if can only be accounted for through the suppositional theory ofif. Furthermore, a particular interpretation of this theory — the conditional assertion theory — is needed to account foronly if and a type of metalinguistic negation ofQ if P. We therefore (...) have evidence that the currently accepted approaches to conditionals are basically wrong about the semantic forms they attribute toif P, Q.11. (shrink)

Provides guiding principles and values for practising responsible global media ethics.

Forced to Fail traces the long legal history of first racial segregation, and then racial desegregation in America. The authors explain how rapidly changing demographics and family structure in the United States have greatly complicated the project of top-down government efforts to achieve an "ideal" racial balance in schools. It describes how social capital—a positive outcome of social interaction between and among parents, children, and teachers—creates strong bonds that lead to high academic achievement.

According to the view Rik Peels defends in Responsible Belief, one is responsible for believing something only if that belief was the result of choices one made voluntarily, and for which one may be held responsible. Here, I argue against this voluntarist account of doxastic responsibility and in favor of the rationalist position that a person is responsible for her beliefs insofar as they are under the influence of her reason. In particular, I argue that the latter yields a more (...) plausible account of the conditions under which ignorance may serve as an excuse for wrongdoing. (shrink)

People regularly encounter metaphors in a variety of different communicative settings, but most studies of metaphor framing have relied exclusively on written materials. Across three experiments (N...

We address a previous finding in the business ethics literature in which accounting professionals in higher rank levels, i.e., “manager” or “partner” of auditing firms, appear to have lower moral reasoning ability than their junior counterparts. Prior investigations have relied upon a similar methodology for estimating ethical beliefs, namely testing “moral reasoning ability” using either the Moral Judgment Interview or Defining Issues Test. In the present study, we use a multiple vignettes approach to test for the existence of the inverse (...) rank-ethical beliefs effect. With only 2 of the 30 vignettes resulting in both managers and partners being more accepting of the ethically charged behaviors, the results presented here using this alternative methodology are generally not supportive of the inverse rank-ethical beliefs phenomenon. We also use a multivariate analysis in order to control for demographic characteristics. Our results suggest that the most robust predictor of ethical attitudes among accounting practitioners is age, not rank within a firm. (shrink)

The publication of Michel Foucault’s lectures at the Collège de France in the late 1970s has provided new insight into crucial developments in his late work, including the return to an analysis of the state and the introduction of biopolitics as a central theme. According to one dominant interpretation, these shifts did not entail a fundamental methodological break; the approach Foucault developed in his work on knowledge/power was simply applied to new objects. The present article argues that this reading — (...) which is colored by the overwhelming privilege afforded to Discipline and Punish in secondary literature — obscures an important modification in Foucault’s method and diagnostic style that occurred between the introduction of biopolitics in 1976 (in Society Must Be Defended) and the lectures of 1978 ( Security, Territory, Population) and 1979 ( Birth of Biopolitics). Foucault’s initial analysis of biopolitics was couched in surprisingly epochal and totalizing claims about the characteristic forms of power in modernity. The later lectures, by contrast, suggest what I propose to call a ‘topological’ analysis that examines the ‘patterns of correlation’ in which heterogeneous elements — techniques, material forms, institutional structures and technologies of power — are configured, as well as the redeployments through which these patterns are transformed. I also indicate how attention to the topological dimension of Foucault’s analysis might change our understanding of key themes in his late work: biopolitics, the analysis of thinking, and the concept of governmentality. (shrink)