The article is devoted to the study of the phenomenon of ideology in the context of its normative and regulatory function. The author's contribution to the further knowledge of the ideology was the following main conclusions. The emergence of ideology as a regulatory mechanism was primarily due to the transition from a traditional society to a modern one. Ideology is an attribute of modern society, since it acts as an intermediary between a person and social reality, (...) determining and regulating the activities of all people and relations between them in any sphere of society. In the XIX – first half of the XX centuries political ideology in its theoretical form dominated. As a regulatory mechanism, it functioned alongside religion, morality, and law, complementing them. In the second half of the XX – XXI centuries, as a result of the third STR, ideology in an ordinary and practical form became widespread. It began to replace the traditional regulatory mechanisms, surpassing them in the degree of influence on public consciousness and becoming the main mechanism of social regulation. (shrink)

Crowdsourced regulation has been discussed to date by legal and social science scholars mainly in the context of legislation and rulemaking, without paying sufficient attention to non-legislative regulatory functions. This article provides a richer theory of crowdsourced regulation which extends to all regulatory functions, focusing on monitoring and enforcement. Regulatory agencies worldwide harness the power of the public using digital platforms to carry out monitoring and enforcement tasks in regulated markets and sectors. For example, agencies operate online (...) complaint databases that invite the public to report mistreatment of consumers and environmental nuisances by regulated firms. Agencies also publish information concerning corporate misbehavior to publicly shame companies into compliance. Crowdsourcing regulatory monitoring and enforcement can help minimize some prominent ailments of the regulatory task, such as poor resources, diminishing deterrence, declining legitimacy, and capture. It can also promote goals and values such as public participation, increased transparency, public trust in regulators, administrative efficiency, and effectiveness in achieving regulatory objectives. However, crowdsourcing regulatory monitoring and enforcement is subject to a new set of legal, administrative, and democratic failures that need to be acknowledged and addressed. The article develops a theory of crowdsourced regulation that supplies justifications and rationales for crowdsourced regulatory monitoring and enforcement, points out its main pitfalls, and normatively evaluates law and policy implications. (shrink)

A biological function is supposed to be performed adequately, and hence may fail to do so: this is dysfunction. This raises two questions. One is how to make explicit the way in which function can be discriminated from dysfunction without confusing dysfunction with non-function. The second question is how what is “right” and “wrong” can be legitimated by natural regulatory norms. A function can be viewed as a quality to which at least one variable with (...) a definite set of values is associated. Accordingly, function and dysfunction are the same quality of the same trait, but differ in the values associated to this variable. Dysfunction occurs when the associated set of values does not match this normal state. Biological systems have the epistemic singularity that their existence is the consequence of two distinct causal regimes, the so-called “proximate” and “ultimate” causes, whose convergence defines a system’s prescriptive normality. Each cause imposes restrictive rules that limit the possible ways these systems can putatively exist. When a system is insensitive to ultimate cause, it is determined by proximate causation alone, and hence escapes its own prescriptive norms. In conclusion: The normality of a biological system is defined by the convergence of proximate and ultimate causes. A function is a variable-associated quality whose values are defined relative to the norms of the system. Dysfunction occurs when the set of values of the same variable does not match the normality of the system, which can occur when the system is insensitive to ultimate causation. (shrink)

How can firms mitigate the impact of moral violations on consumer evaluations? This question has pervaded the business ethics literature. Though prior research has identified decoupling as a moral reasoning strategy where consumers separate moral judgments from evaluations, it is unclear what motivates individuals to decouple. It is the objective of this research to explore regulatory focus theory as a motivating factor for moral decoupling. Three experiments are undertaken. Study one demonstrates that with a prevention mindset as opposed to (...) promotion mindset, moral decoupling can be achieved. Specifically, those in a prevention mindset report more favorable evaluations when information about a violation explicitly lowers consequences of moral violations. However, when the violation is related to the business functionality of the brand, those in a prevention mindset report less favorable evaluations, except when consequences are lowered. This indicates an inability to decouple, and results in negative emotions. The research shows that inability to decouple for those in a prevention mindset leads to negative emotions, lowering evaluations. These results contribute to the moral reasoning literature by linking regulatory focus to decoupling strategies. Further, the research bridges literature on norm activation, moral foundation, regulatory focus, and moral decoupling to reconcile theoretical differences in judgment styles. Implications for businesses and brands are discussed. (shrink)

Many people have long-term commitments that require coordination and cooperation with others. To achieve this, we construct plans to settle when, how, and for how long to pursue certain goals rather than others. This raises an interesting cognitive problem, namely that individuals can, at any given moment, manage significantly less information than they will need to accomplish their goals. Call this the Problem of Scarce Information. The solution requires a special self-regulatory system that strategically manages the varying informational demands (...) of one's activity. This paper argues that vigilance has structural and functional characteristics that make it apt to play this role. This paper illuminates both crucial aspects of temporally extended agency, but also the unique practical norms that structure how we act over time. (shrink)

We deal with the design problem of nonfragile state estimator for discrete-time genetic regulatory networks with time-varying delays and randomly occurring uncertainties. In particular, the norm-bounded uncertainties enter into the GRNs in random ways in order to reflect the characteristic of the modelling errors, and the so-called randomly occurring uncertainties are characterized by certain mutually independent random variables obeying the Bernoulli distribution. The focus of the paper is on developing a new nonfragile state estimation method to estimate the concentrations (...) of the mRNA and the protein for considered uncertain delayed GRNs, where the randomly occurring estimator gain perturbations are allowed. By constructing a Lyapunov-Krasovskii functional, a delay-dependent criterion is obtained in terms of linear matrix inequalities by properly using the discrete-time Wirtinger-based inequality and reciprocally convex combination approach as well as the free-weighting matrix method. It is shown that the proposed method ensures that the estimation error dynamics is globally asymptotically stable and the desired estimator parameter is designed via the solutions to certain LMIs. Finally, we provide two numerical examples to illustrate the feasibility and validity of the proposed estimation results. (shrink)

This article asserts the need for the ethical analysis of regulatory policy. The article explores the conventional wisdom surrounding the proper role of government, the function of law, the role of lawmakers, the nature of business, and the relationship between business and government. It is the traditional thinking regarding these fundamental aspects of our social life which creates barriers to the ethical analysis of regulatory policy. It is argued that, in spite of the persistence of agency theories (...) of the firm, a stakeholder theory of the firm best approximates a true descriptive and normative view of business organizations. If the role of government is to maximize the full range of public — private relationships for any given series of inputs, and the role of the firms is to maximize the balance of diverse stakeholders' interests, then a stakeholders' interests paradigm becomes the natural foundation for the ethical analysis of policies which regulate business. (shrink)

The market failures approach to business ethics argues that economic theory regarding the efficient workings of a market can generate normative prescriptions for managerial behaviour. It argues that actions that inhibit Pareto optimal solutions are immoral. However, the approach fails to identify goods that should be regulated or prohibited from the market, something common to the moral limits to markets approach to business ethics. There are, however, numerous assumptions underlying Paretian efficiency, including some about the preferences of market participants. (...) Trade in some goods violates some of these assumptions, and so these goods are morally suspect and can be understood to indicate that the market for these goods is not moral. This creates grounds sufficient for regulating, and possibly prohibiting, these goods. To help determine whether it is then necessary to regulate the goods, I propose a supplementary economic analysis to ascertain why an assumption regarding a particular preference is being violated. (shrink)

How does character information inform judgments of blame? Some argue that character information is indirectly relevant to blame because it enriches judgments about the mental states of a wrongdoer. Others argue that character information is directly relevant to blame, even when character traits are causally irrelevant to the wrongdoing. We propose an empirical synthesis of these views: a Two Channel Model of blame. The model predicts that character information directly affects blame when this information is relevant to the wrongdoing that (...) elicits blame. Further, the effect of character information on blame depends on judgments about the true self that are independent of judgments of intentionality. Across three pre-registered studies (N = 662), we found support for all three predictions of the Two Channel Model. We propose that this reflects two distinct functions of blame: a social regulatory function that encourages norm compliance and a pedagogical function that encourages personal improvement. (shrink)

The research analyzes the process of formation of the ethics committee as a new institution in the system of regulation of genetic research. The external factors of this process are the increasing digitalization of medical and research practices, as well as the special situation that is developing in the field of genomic research and the use of genetic technologies, where issues of philosophy, jurisprudence and administration have generated many fundamentally new, and sometimes unexpected contexts. The author shows the similarity and (...) difference of approaches to the inclusion of the ethics committee in the national regulatory systems of different countries and determines the prospects for further integration of the new institution into normative and administrative-regulatory and law enforcement practices. The research applies all the main methods of system analysis and structural and functional analysis, as well as the comparative legal method. At the stage of generalization of empirical material, the author turns to the means and methods of philosophical phenomenology and phenomenological sociology. The study revealed that the ethics committee may have different institutional and regulatory functions in a variety of management and legal systems. Being hybrid in nature, the ethics committee performs various functions, and in various state legal systems and traditions it can combine elements of legislative, executive and judicial power. At times, the ethics committee may go beyond the scope of both a purely administrative and exclusively legal regulator. All this indicates that the integration of this institution into the legal system and into a variety of social practices is far from being completed. (shrink)

The theoretical rationale was the author’s Functional Model of Health, where health is construed as a function of creative coping with stress. Participants in the study were 141 patients with blood cancer treated with bone marrow transplantation at the Hematology Clinic, Jagiellonian University Collegium Medicum. Besides a standardized interview the following instruments were used: STAI by Spielberger, CISS and CHIP by Endler and Parker, and SOC-29 by Antonovsky. Health status was operationalized using 10-point self-rating scales to assess the patients’ (...) perceived health and sense of calmness, while their objective health was rated by a medical expert - hematologist. In the statistical analyses significant correlations were found between stress level and the patients’ subjective health. The following variables predicted stress intensity: anxious personality, distraction coping strategy, female sex, and sense of meaningfulness. Subjective health predictors of leukemia patients are: objective health, level of stress, by the patient’s sense of meaningfulness and focusing on negative emotions. To promote patients’ health moreover, their sense of meaningfulness in life and in being active should be supported and enhanced. (shrink)

This paper is a commentary on the articles by William Rehg and Robert Asen in this issue of Informal Logic. It compares the subject matter of the two papers, offers an interpretation of and commentary on each paper separately, then discusses their overlapping problematic: the importance of public sphere argumentation.

Cover Photograph: Resolving developmental genetics in the fourth dimension: an illustration (by Kwang‐Hyun Cho himself) of the principle of dynamic network motifs in Drosophila development. Hitherto largely considered in terms of time‐invariant networks, drosophila development is viewed in the article by Man‐Sun Kim, Jeong‐Rae Kim, and Kwang‐Hyun Cho as the result of networks of gene interactions that change during the course of development. Using this paradigm, pivotal developmental events can be correlated with particular changes from one constellation of gene interactions (...) to a different one, and the method allows the identification of certain network motifs that are not identifiable using static approaches. Features article: “Dynamic network rewiring determines temporal regulatory functions in the Drosophila melanogaster development processes”, see pages 505 – 513. (shrink)

Normal narcissistic functioning has to do with the regulation of a coherent set of metarepresentations of the acting agent. That set of meta-representations has its own interior architecture and dynamics. Normal narcissistic functioning is an adaptive form of interpsychic processing which can be given a general account by integrating views of it drawn from the clinical traditions of psychoanalysis, empirical psychology, and contemporary cognitive and neurosciences. This is not to be confused with any form of organized psychopathology, though pathological forms (...) of narcissism are relevant to understanding normal narcissism. Neural correlates of normal narcissism, as also the characteristic emotions and pleasures/displeasures that accompany its operations, are also explored. It is proposed that this allostatic regulatory system plays a prominent role in a wide range of human behaviors. It also closes the gap between social norms governing such behaviors and the minds of the agents performing them. This integrative interpretation of the scientific material is offered as an exercise in “philosophy in cognitive science” and belongs to the tradition of naturalistic philosophical accounts of the human mind. (shrink)

The identification of network motifs has been widely considered as a significant step towards uncovering the design principles of biomolecular regulatory networks. To date, time‐invariant networks have been considered. However, such approaches cannot be used to reveal time‐specific biological traits due to the dynamic nature of biological systems, and hence may not be applicable to development, where temporal regulation of gene expression is an indispensable characteristic. We propose a concept of a “temporal sequence of network motifs”, a sequence of (...) network motifs in active sub‐networks constructed over time, and investigate significant network motifs in the active temporal sub‐networks of Drosophila melanogaster. Based on this concept, we find a temporal sequence of network motifs which changes according to developmental stages and thereby cannot be identified from the whole static network. Moreover, we show that the temporal sequence of network motifs corresponding to each developmental stage can be used to describe pivotal developmental events. (shrink)

I argue that explanations of doxastic transparency which go via an appeal to an aim or norm of belief are problematic. I offer a new explanation which appeals to a biological function of our mechanisms for belief production. I begin by characterizing the phenomenon, and then move to the teleological and normative accounts of belief, advertised by their proponents as able to give an explanation of it. I argue that, at the very least, both accounts face serious difficulties (...) in this endeavour. These difficulties are a function of seeking an explanation of transparency at the agential level, either with the subject aiming at truth, or being guided by a norm of truth. I adopt a motivational account of belief, one which severs the connection between belief and truth, and supplement this with an account of actual world beliefs. My alternative explanation is found at the sub-intentional, non-agential level, secured by biology. This explanation casts transparency not as related to the nature of deliberation over what to believe, but rather as contingently characterizing the beliefs of some believers, namely those with a particular biological history. My explanation thus parts company with what has come before along two dimensions: it moves away from transparency being something related to the agent’s aims or commitments, and it understands it as a contingent phenomenon. I close by considering an objection to my view—that transparency must not be understood as a contingent phenomenon—and a nearby alternative position which avoids this consequence. I respond to this objection and give reasons not to endorse the nearby alternative. I conclude that my explanation does not face the difficulties of those offered by teleologists and normativists, and, that by moving away from agential explanations, and casting transparency as contingent, we can provide a successful explanation of it. (shrink)

This article employs Foucauldian and feminist analytics to advance a critical approach to wearable digital health- and activity-tracking devices. Following Foucault’s insight that the growth of individual capabilities coincides with the intensification of power relations, I argue that digital self-tracking devices (DSTDs) expand individuals’ capacity for self-knowledge and self-care at the same time that they facilitate unprecedented levels of biometric surveillance, extend the regulatory mechanisms of both public health and fashion/beauty authorities, and enable increasingly rigorous body projects devoted to (...) the attainment of normative femininity. These technologies of surveillance, normalization, and discipline thus function to augment, and facilitate the cooperation of, neoliberal-era biopower and post-feminist patriarchal power. My analysis of digital self-tracking devices’ instrumentality to biopower and patriarchy contributes to the emergent field of critical digital health studies and builds new connections between political, social, and feminist theories of embodiment; biopower studies; fat studies; and trans-disciplinary body studies. (shrink)

This essay seeks to give a contractarian foundation to the concept of Corporate Social Responsibility, meant as an extended model of corporate governance of the firm. Whereas, justificatory issues have been discussed in a related paper, in this essay I focus on the implementation of and compliance with this normative model. The theory of reputation games, with reference to the basic game of trust, is introduced in order to make sense of self-regulation as a way to implement the social (...) contract on the multi-fiduciary model of corporate governance. This affords understanding of why self-regulation, meant as mere recourse to a long-run strategy in a repeated trust game, fails. Two basic problems for the functioning of the reputation mechanism are examined: the cognitive fragility problem, and the motivational problem. As regards the cognitive fragilities of reputation, the paper develops the logic and the structure that self-regulatory norms must satisfy if they are to serve as gap-filling tools with which to remedy cognitive limitations in the reputation mechanism. The motivation problem then arises from the possibility of sophisticated abuse by the firm. Developed in this case is an entirely new application of the theory of conformism-and-reciprocity-based preferences, the result of which is that the stakeholders refuse to acquiesce to sophisticated abuse on the part of the firm. (shrink)

The aim of this exploratory paper is to review an under-appreciated parallel between group agency and artificial intelligence. As both phenomena involve non-human goal-directed agents that can make a difference to the social world, they raise some similar moral and regulatory challenges, which require us to rethink some of our anthropocentric moral assumptions. Are humans always responsible for those entities’ actions, or could the entities bear responsibility themselves? Could the entities engage in normative reasoning? Could they even have (...) rights and a moral status? I will tentatively defend the (increasingly widely held) view that, under certain conditions, artificial intelligent systems, like corporate entities, might qualify as responsible moral agents and as holders of limited rights and legal personhood. I will further suggest that regulators should permit the use of autonomous artificial systems in high-stakes settings only if they are engineered to function as moral (not just intentional) agents and/or there is some liability-transfer arrangement in place. I will finally raise the possibility that if artificial systems ever became phenomenally conscious, there might be a case for extending a stronger moral status to them, but argue that, as of now, this remains very hypothetical. (shrink)

In this article, we propose some fundamental requirements for the appearance of adaptivity. We argue that a basic metabolic organization, taken in its minimal sense, may provide the conceptual framework for naturalizing the origin of teleology and normative functionality as it appears in living systems. However, adaptivity also requires the emergence of a regulatory subsystem, which implies a certain form of dynamic decoupling within a globally integrated, autonomous system. Thus, we analyze several forms of minimal adaptivity, including the (...) special case of motility. We go on to explain how an open-ended complexity growth of motility-based adaptive agency, namely, behavior, requires the appearance of the nervous system. Finally, we discuss some implications of these ideas for embodied robotics. (shrink)

A proper function of an entity is a beneficial effect that helps explain the persistence of the entity. Proper functions thereby arise through feedback mechanisms with beneficial effects as inputs and persistence as outputs. We continue to make assertions because they benefit speakers by benefiting speakers. Hearers benefit from true information. Speakers benefit by influencing hearer belief. If hearers do not benefit, they will not form beliefs in response to assertions. Speakers can then only maintain influence by providing true (...) information, often enough. The function of assertion is then inducing true hearer belief. When interests conflict, however, some mechanism must ensure that speakers provide true information often enough, instead of deceiving, or providing information regardless of quality. In humans, a core mechanism stabilizing true assertion involves social norms for truth telling. We tell the truth partly because we prescribe and enforce telling the truth. (shrink)

This essay seeks to give a contractarian foundation to the concept of Corporate Social Responsibility (CSR), meant as an extended model of corporate governance of the firm. Whereas, justificatory issues have been discussed in a related paper (Sacconi, L.: 2006b, this journal), in this essay I focus on the implementation of and compliance with this normative model. The theory of reputation games, with reference to the basic game of trust, is introduced in order to make sense of self-regulation as (...) a way to implement the social contract on the multi-fiduciary model of corporate governance. This affords understanding of why self-regulation, meant as mere recourse to a long-run strategy in a repeated trust game, fails. Two basic problems for the functioning of the reputation mechanism are examined: the cognitive fragility problem, and the motivational problem. As regards the cognitive fragilities of reputation (which result from the impact of unforeseen contingencies and from bounded rationality), the paper develops the logic and the structure that self-regulatory norms must satisfy if they are to serve as gap-filling tools with which to remedy cognitive limitations in the reputation mechanism. The motivation problem then arises from the possibility of sophisticated abuse by the firm. Developed in this case is an entirely new application of the theory of conformism-and-reciprocity-based preferences, the result of which is that the stakeholders refuse to acquiesce to sophisticated abuse on the part of the firm. (shrink)

Purpose. To analyse the philosophical and psychological contexts of social expectations of personality, to form general scientific provisions, to reveal the properties, patterns of formation, development and functioning of social expectations as a process, result of reflection and construction of social reality. Theoretical basis of the study is based on the phenomenology of E. Husserl, the social constructivism philosophy of L. S. Vygotskiy, P. Berger, T. Luckmann, K. J. Gergen, ideas of constructive alternativeism of G. Kelly, psychology of social expectations (...) of a personality as the unity of the mental process, mental state and properties of expectations. Originality. Social expectations of personality are considered as philosophical and psychological dimensions of the study, presented by analysing expectations in social constructivism, externalizing, building a model of the expected future. The authors clarified some theoretical and methodological aspects of the study of patterns of social expectations in the reflection and construction of social reality. The role of social institutions in the formation of expectations is outlined. The poly-aspect of the investigated problems is shown. It is substantiated that formation, realization of social expectations in organization of interaction of personality and social environment is possible in the presence of subject, object and content of activity. Conclusions. Social expectations influence social behaviour and determine the behaviour of an individual, small contact group, community, or large mass of people. Social expectations are able to set specific requirements, norms, sanctions, ideals that participants of the process must follow or must not violate. The philosophical dimension of the study integrates the ontological, epistemological, axiological preconditions for the formation and realization of the social ideal, represented by the study of the expected future in the forms of utopia, eschatology and thanatology. Psychological dimension of the study has a sufficiently developed content orientation from the psychological content parameters of social expectations to the role of expectations in social institutions and various spheres of human life. Systematic, actionable, self-regulatory, and subjective approaches have constituted a verified system of interpreting the social expectations of personality as a process, a result of the reflection and construction of social reality. The topic of social expectations of personality is far from being completed, in our opinion it is promising to create a deeper philosophical concept of social expectations of the personality. The specific topics are of particular relevance in the context of socio-political uncertainty, domination of the mass consciousness, loss of national and cultural identity. (shrink)

As a nexus of fertility’s finitude and female midlife, menopause is a physical and cultural phenomenon through which the relation between the medicalization of the female reproductive cycle and normative attitudes toward aging become expressed. Age, like other systems of separation, can function as an “instrument of regulatory regimes” and shows similarities to gender in its body-bound, surface-focused, and morally coded position in the sociomedical sphere. However, although age is an influential social category, its reliance on historical (...) and epistemic constructions of the body has not been politicized to a degree comparable to other categories like gender, race, and sexuality. As Kathleen. (shrink)

Leibniz differs from Descartes insofar as he submits the search for mechanical explanations to regulatory norms. This is the case, for instance, in dioptrics: provided the law of sines is shown to conform to a sufficient reason of functionality, a relevant mechanical hypothesis is found acceptable. Explaining by means of hypotheses implies a twofold process of connections between an analytic model defining such an order of the elements as may fit the norm of a mathesis, and a presupposed mechanical (...) disposition of the elements such as may produce the constant effects revealed through experience. (shrink)

In this paper, we assess the impact of extended reality technologies as they relate to sexual forms of harassment. We begin with a brief history of the nature of sexual harassment itself. We then offer an account of extended reality technologies focusing specifically on psychological and hardware elements most likely to comprise what has been referred to as “the metaverse”. Although different forms of virtual spaces exist (i.e., private, semi-private, and public), we focus on public social metaverse spaces. We do (...) this to better explain how the concept of sexual harassment must be adjusted to such spaces and how approaches aimed at mitigating harassment must be sensitive to the type of metaverse spaces users utilize. We then offer a typology of sexual harassment for the metaverse focusing on three distinct forms of sexual harassment: (1) invariant (2) mixed variance or modified and (3) unique or metaverse specific. Although existing normative and legal frameworks may function well with respect to the first and, possibly, second forms of harassment, we argue such frameworks will not helpfully address metaverse-specific harassment. Ultimately, the changing nature of privately owned public spaces (POPS) which metaverses are likely to represent pose distinct ethical and regulatory challenges. (shrink)

Although there are many points of continuity, there are also a number of changes in the pedagogical form of the anatomy lecture over the longue durée, over centuries of epistemic change, rather than over years or decades. The article begins with an analysis of the physical and technical arrangements of the early modern anatomy lecture, showing how these present a general underlying similarity compared to those in place today. It then goes on to consider examples of elements of speech and (...) presentation, description and illustration that are used in the biology lecture from the early modern (sixteenth to seventeenth centuries) and late modern (or contemporary) eras. The anatomy lecture thus demonstrates a basic physical and technical continuity in the classroom or theater, whereas the larger epistemic functions in which it is embedded have changed: from a descriptive, discursive function, focusing on individual organs and their physicality, to one that is more integrative, systemic and also performative in both form and content. (shrink)

Emerging research has highlighted the utility of measuring individual differences in decision-making competence (DMC), showing that consistently following normatively rational principles is associated with positive psychosocial and health behaviors. From another level of analysis, functional theories of personality suggest that broad trait dimensions represent variation in underlying self-regulatory systems, providing a mechanistic account for robust associations between traits and similar life outcomes. Yet, the degree to which broad dispositional personality dimensions predict global tendencies to respond rationally is less understood. (...) In a large online community sample (N = 804), we tested the associations between HEXACO personality dimensions, a 6-factor structural trait model, and a subset of DMC indicators (Applying Decision Rules, Resistance to Framing, Recognizing Social Norms, and Consistency in Risk Perception). Additionally, we examined gender differences across the DMC, first considering the potential for measurement non-invariance across groups for the DMC. We observed partial measurement invariance between men and women; only the Applying Decision Rules scale showed evidence of differential functioning across groups. Controlling for these differences, analyses revealed that higher Conscientiousness, Honesty/Humility, and Openness were associated with higher DMC scores. In contrast, Emotionality and Extraversion demonstrated gender-specific associations. Speci... (shrink)

The Fukushima accident was a crisis in Japan, and a crisis elsewhere. In Europe, the aftermath of Fukushima was a period of intense questioning, about how to ensure the safety of nuclear reactors, and how, at the same time, ensure the ability of the European Union to act as a consistent political actor in the face of potentially catastrophic risks. Using empirical material related to the post-Fukushima stress tests and the subsequent discussions about the European regulatory framework for nuclear (...) safety, this paper shows that stress tests have provided a peculiar form of European intervention, restabilizing regulatory boundaries while extending the European gaze. It describes the overall operation thereby performed as the “normalization of the crisis” whereby the exceptional situation enters the realm of the normal functioning of the public administrations, and where the actions undertaken take the form of the legal norm. (shrink)

This essay analyzes why risk and liability are necessary mechanisms of well-functioning markets, and discusses how risk can be handled. In the U.S., inappropriate regulatory norms hindered providing against risk in the case of sovereign debt. The absence of liability has produced debts no decent legal system would recognize as legitimate domestic debt.

This article argues for a new interpretation of the realist claim that politics is autonomous from morality and involves specific political values. First, this article defends an original normative source: functional normativity. Second, it advocates a substantive functional standard: political institutions ought to be assessed by their capacity to select and implement collective decisions. Drawing from the ‘etiological account’ in philosophy of biology, I will argue that functions yield normative standards, which are independent from morality. For example, a (...) ‘good heart’ is one that pumps blood well, and a good army is one that it is effective at exerting military force. I then interpret realism’s naturalistic conception of politics as an etiological function of social groups: namely making binding collective decisions under persistent disagreement. I conclude that political institutions should be evaluated realistically by how well they perform this task. Finally, I assess trade-offs between this functional political normativity and other moral values. I conclude that justice, fairness, freedom and equality remain obviously important concerns, but only once the basic political function is secured. (shrink)

During the current financial crisis, the need for an alternative to a laissez-faire ethics of capitalism (the Milton Friedman view) becomes clear. I argue that we need an order ethics which employs economics as a key theoretical resource and which focuses on institutions for implementing moral norms. -/- I will point to some aspects of order ethics which highlight the importance of rules, e.g. global rules for the financial markets. In this regard, order ethics (“Ordnungsethik”) is the complement of the (...) German conception of “Ordnungspolitik” which also stresses the importance of a regulatory framework. This framework is needed not to tame the market, but to make it more profitable in the long run. -/- The conception of order ethics relies heavily on contractarianism, especially on James Buchanan’s work. Unlike many other conceptions of ethics, it does not start with an aim to achieve, but rather with an account of what the social world – in which ethical norms have to be implemented – is like. Our social world is different from the pre-modern one. Pre-modern societies played zero-sum games in which people could only gain significantly at the expense of others. And the types of ethics that we are still used to today have been developed within these pre-modern societies. -/- Modern societies, by contrast, can be characterised – by economists and other social theorists alike – as societies with continuous growth. This growth has only been made possible by the modern competitive market economy which enables everyone to pursue his own interests within a carefully devised institutional system. In this system, positive sum games are played, which makes it in principle possible to improve the position of every individual at the same time. Most kinds of ethics, however, resulting from the conditions of pre-modern societies, ignore the possibility of win-win-situations and instead require us to be moderate, to share, to sacrifice, as this would have been functional in zero-sum games. These conceptions distinguish – in more or less strict ways – between self-interest and altruistic motivation. Self-interest, more often than not, is ultimately seen as something evil. -/- Such an ethics cannot be functional in modern societies. Ethical concepts lag behind. Within zero-sum games, it was necessary to call for temperance, for moderate profits, or for a condemnation of lending money at interest. Within positive-sum games, however, the morally desired result of a social process cannot be brought about by changes in motivation, by switching from ‘egoistic’ to ‘altruistic’ motivation. The second theoretical element introduced by order ethics is the distinction between actions and rules, which was already mentioned. Traditional ethics concerns actions: It calls directly for changes in behaviour. This is a consequence of pre-modern conditions as reconstructed before: People in the pre-modern world were only able to control their actions, not so much however the conditions of their actions. In particular, rules like laws, constitutions, social structures, the market order, and also ethical norms have remained stable for centuries. In modern societies, this situation has changed entirely. The rules governing our actions have increasingly come under our control. -/- In this situation, ethics has to focus on rules. Morality must be incorporated in incentive-compatible rules. Direct calls for changes in behaviour without changes in the rules lead only to an erosion of compliance with moral norms. Individuals that continue to behave ‘morally’ will be singled out, because the incentives have not been changed. Moral norms which are to be justified cannot require people to abstain from pursuing their own advantage. People abstain from taking ‘immoral’ advantages only if adherence to ethical norms yields greater benefits over the planned sequence of actions than defection in the single case. Thus ‘abstaining’ is not abstaining in the long run, it is rather an investment in expectations of long-term benefits. By adhering to ethical norms, I become a reliable partner for interactions. The norms do indeed constrain my actions, but they simultaneously expand my options in interactions. And people consent to rules only if these rules hold greater advantages for them, at least in the long run. -/- In general, ethics cannot require people to abandon their individual calculation of advantages. However, it may suggest improving one’s calculation, by calculating in the long run rather than in the short run, and by taking into account the interests of our fellows, as we depend on their acceptance for reaching an optimal level of well-being, especially in a globalized world full of interdependence. -/- The problem of implementation can now be placed at the beginning of a conception of order ethics, justified with reference to the conditions of modern societies I have sketched. Under the conditions of pre-modern societies, an ethics of temperance had evolved that posed simultaneously the problems of implementation and justification. The implementation of well-justified norms or standards could then be regarded as unproblematic, because the social structures allowed for a direct face-to-face enforcement of norms. Pre-modern societies not only favored an ethics of temperance, they also had the instrument of face-to-face-sanctions within their smaller and non-anonymous communities. This instrument is no longer functional in modern anonymous societies, and so we have to face up to the problem of implementation right at the start of our ethical conception. Simultaneously, an order ethics relies on the implementation of sanctions for enforcing incentive-compatible rules. In modern societies, rules and institutions, to a large extent, must fulfil the tasks that were, in pre-modern times, fulfilled by moral norms, which in turn were sanctioned by face-to-face sanctions. Norm implementation in modern societies thus works by setting adequate incentives in order to prevent the erosion of moral norms, which would happen if ‘moral’ actors were systematically threatened with exploitation by other, less ‘moral’ actors. -/- This conception of order ethics is then elaborated further in the area of business ethics. -/- . (shrink)

Recent years have seen mounting challenge to the model of the criminal trial on the grounds it is not cost-effective, not preventive, not necessary, not appropriate, or not effective. These challenges have led to changes in the scope of the criminal law, in criminal procedure, and in the nature and use of criminal trials. These changes include greater use of diversion, of fixed penalties, of summary trials, of hybrid civil–criminal processes, of strict liability, of incentives to plead guilty, and of (...) preventive orders. The paper will assess the implications of these changes for the function of the criminal law, assessing the reasons behind them, and examining whether or not they are to be welcomed. Identifying the larger import of these changes draws attention to the changing relationship between state and citizen as well as changes in the nature of the state itself. These can in turn be attributed to a jostling among the different manifestations of the authoritarian state, the preventive state, and the regulatory state. These changes have profound normative implications for a liberal theory of the criminal law that require its re-articulation and its defence. A modest start may be to insist that where the conduct is criminal and the consequences are punitive the protections of criminal procedure and trial must be upheld. (shrink)

This book features essays that investigate the nature of legal validity from the point of view of different traditions and disciplines. Validity is a fascinating and elusive characteristic of law that in itself deserves to be explored, but further investigation is made more acute and necessary by the production, nowadays, of soft law products of regulation, such as declarations, self-regulatory codes, and standardization norms. These types of rules may not exhibit the characteristics of formal law, and may lack full (...) formal validity but yet may have a very real impact on people's lives. The essays focus on the structural properties of hard and soft legal phenomena and the basis of their validity. Some propose to redefine validity: to allow for multiple concepts instead of one and/or to allow for a gradual concept of validity. Others seek to analyze the new situation by linking it to familiar historical debates and well-established theories of law. In addition, coverage looks at the functions of validity itself. The discussion considers both international law as well as domestic law arrangements. What does it mean to say that something is valid? Should we discard validity as the determining aspect of law? If so, what does this mean for our concept of law? Should we differentiate between kinds of validity? Or, can we say that rules can be "more" or "less" valid? After reading this book, practitioners, scholars and students will have a nuanced understanding of these questions and more. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com. (shrink)

Values formed in culture, reflecting social relations, fulfilling a regulatory role, are defined as norms fixed in the culture of society. Moral norms that combine such properties of morality as normativity, imperativeness and evaluativeness act as significant foundations of culture. Values and norms enshrined in culture contribute to the integration and spiritual development of society The transformational processes taking place in modern society have influence on the value system. The relevance of this study is determined by the dialectic of (...) emerging contradictions in modern Russian culture caused by the formation of ambivalent values, norms, and attitudes in mass culture that have a negative impact on collective consciousness, on changing the value foundations of culture in modern society, which jeopardizes the safety of culture. In the focus of the analyzed problem, kitsch culture as a phenomenon of mass culture acts as the subject of research. The purpose of the study is to identify threats to cultural security coming from kitsch culture, which transforms the value foundations of culture, and to identify strategies to protect Russian culture. The study of the voiced issues is carried out through the prism of socio-cultural, structural-functional, interdisciplinary approaches. The novelty of the studied problem lies in the fact that kitsch culture acts as a pseudo-culture, which is devoid of aesthetic and artistic value and moral content, as one of the sources that creates certain risks and poses threats to cultural security. In particular, we are talking about the organization of joint activities of government agencies, public organizations, scientific, cultural and educational spheres, based on the principles of optimizing the constructive impact on the consciousness of the younger generation through the mediation process and inculturation. (shrink)

Telenomic Agency: Towards a proper functions theory of normativity (pdf) is a recent paper on the biological basis of normativity. This paper attempts to show that the notion of biological function/malfunction has more to offer our understanding of genuine agency than is usually acknowledged. It is suggested that moral and rational normativity attach to signals in very specific biological regulatory systems, and that the complexity of these systems accounts for much of the phenomenological richness of agency, as well (...) as showing the error in standard counterexamples. If this is correct, it turns out that the incommensurability between "is" and "ought" may be due to the requirements of the systems within which descriptive and overtly normative language have their biologically normative roles, rather than to any incompleteness in naturalistic accounts. One consequence is that moral language can have objective (and naturalistically specifiable) truth conditions, without special moral facts and without reducibility to naturalistic description. (shrink)

Generally, regulation is thought of as a constant that carries with it both a formative and conservative power, a power that standardises, demarcates and forms an order, through procedures, rules and precedents. It is dominantly thought that the singularity and formalisation of structures like rules is what enables regulation to achieve its aim of identifying, apprehending, sanctioning and forestalling/pre-empting threats and crime or harm. From this point of view, regulation serves to firmly establish fixed and stable categories of what norms, (...) customs, morals and behaviours are applicable to a particular territory, society or community in a given time. These fixed categories are then transmitted onto individuals by convention, ritual and enforcement through imperatives of law (and technology) that mark certain behaviours as permissible and others as forbidden, off bounds. In this manner, regulation serves a programming (i.e., a calculable or determinable) purpose. It functions as a pro-active management or as a mastery of threats, risks, crimes and harms that affect a society and its security both in the future and in the present. Regulation for instance, will inscribe and codify what it determines to constitute crime or harm such as pornography, incitement of terrorism, extremist speech, racial hatred etc. These determined or calculated/calculable categories will then be enforced and regulated (e.g. through automated filtering) in order to ensure a preservation of public order within society. Drawing mainly from deconstruction, this article situates law and technologies within a wider ecological process of texts, speech and writing i.e., communication. In placing regulation within disseminatory and iterable processes of communication, this article complicates, destabilises and critiques the dominant position of determinability and calculability within the regulatory operations of law. (shrink)

This theoretical paper examines the context-sensitivity of the impact of cultural norms on prejudice regulation. Granting the importance of understanding intergroup dynamics in cultural-ecological contexts, we focus on the peculiarities of the French diversity approach. Indeed, the major cultural norm, the Laïcité is declined today in two main variants: The Historic Laïcité, a longstanding egalitarian norm coexisting with its amended form: The New Laïcité, an assimilationist norm. In fact, these co-encapsulated Laïcité variants constitute a fruitful ground to cast light on (...) the processes underlying prejudice regulation. Indeed, it is documented that the assimilationist New Laïcité is linked to higher levels of prejudice as compared to the egalitarian Historic Laïcité. To this day, research mainly explored interindividual determinants of Laïcité endorsements and specified how these endorsements shape prejudice. Crucially, this “indirect-endorsement path” does not account for the more straightforward causal relationship between Laïcité and prejudice. Moreover, recent experimental evidence suggests that the normative salience of both Laïcité norms shape intergroup attitudes beyond personal endorsement. Therefore, in this contribution, we complement previous work by investigating the possible socio-cognitive processes driving this “direct-contextual path.” In doing so, we seek to bridge the gap of causality by investigating how the Laïcité norms can set the stage for specific regulatory strategies. Our reasoning derives from an application of the Justification-Suppression Model bolstered by classical work on mental control, modern racism and diversity ideology. From this, we sketch out the operative functioning of two distinct regulation processes: one that prevents prejudicial attitudes but which can have unexpected consequences on stereotyping within the Historic Laïcité context and one that helps realize prejudice within the New Laïcité context. From this analysis, we discuss the consequences for intergroup relations within and beyond the French context. In particular, we outline the importance of an adequate framing of egalitarian ideologies so that they achieve their goal to foster harmonious intergroup relations. (shrink)

In modernity, the concept of cosmopolitanism has changed from an intellectual ethos to a vision of an institutionally embedded global political consciousness. The central problem that troubles cosmopolitanism from its moment of inception in 18th-century philosophy to the globalized present is whether we live in a world that is interconnected enough to generate institutions that have a global regulatory reach and a global form of solidarity that can influence their functioning. Examination of Kant's pre-nationalist cosmopolitanism, Marx's postnationalist cosmopolitanism, and (...) decolonizing socialist nationalism indicates the normative attraction of the nation as a mode of solidarity. Contemporary arguments about new cosmopolitanisms focusing on the rise of transnational networks of global cities, postnational social formations created by migrant and diasporic flows and Habermas's recent revival of Kant's project of cosmopolitan democracy have likewise failed to address the persistence of nationalism as a normative force within the field of uneven globalization. (shrink)

Normative standards are often applied to emotions. Are there normative standards that apply to emotions in virtue solely of facts about their nature? I will argue that the answer is no. The psychological, behavioural, and neurological evidence suggests that emotions are representational brain states with various kinds of biological functions. Facts about biological functions are not (and do not by themselves entail) normative facts. Hence, there are no nor- mative standards that apply to emotions just in virtue (...) of their having various kinds of biolog- ical functions. Moreover, the peculiar features of emotions make the view that representational content is essentially normative very implausible. Hence, the representational properties of emotions cannot be seen as entailing normative standards. The conclusion is that there are no normative standards that apply to emotions solely in virtue of their nature. Ó 2005 Elsevier Ltd. All rights reserved. (shrink)

I give a biological account of epistemic normativity. My account explains the sense in which it is true that belief is subject to a standard of correctness, and reduces epistemic norms to there being doxastic strategies which guide how best to meet that standard. Additionally, I give an explanation of the mistakes we make in our epistemic discourse, understood as either taking epistemic properties and norms to be sui generis and irreducible, and/or as failing to recognize the reductive base of (...) epistemic normativity. This explanation will appeal to the claim that the beliefs which constitute our epistemic discourse are false but adaptive, and are the outcome of a non-truth tracking process. The opponents of my position are philosophers who take epistemic normativity not to be reducible in this way, and to involve sui generis properties and norms governing belief. The aim of the paper is to show that epistemic normativity can be explained by appeal to the biological functions of our mechanisms of belief-production. (shrink)

A tension between the professions' pursuit of autonomy and the public's demand for accountability has led to the development of codes of ethics as both a foundation and guide for professional conduct in the face of morally ambiguous situations. The profession as an institution serves as a normative reference group for individual practitioners and through a code of ethics clarifies, for both its members and outsiders, the norms that ought to govern professional behavior. Three types of codes can be (...) identified — aspirational, educational and regulatory. All codes serve multiple interests and, as a consequence, perform many functions, eight of which are discussed. The process of developing a code of ethics is assessed because of the role it plays in gaining consensus on professional values and ethical norms. After discussing some of the weaknesses in current approaches to professional self-regulation, several new private and public initiatives are proposed. (shrink)

In this paper, I try to develop an account of functions which might be of use to a biologist engaged in classifying and explaining natural phenomena. The most pressing difficulty facing such an account is the need to reconcile the normativity of function statements with their explanatory force. I consider two familiar accounts of function statements, offered by Andrew Woodfield and Larry Wright . I examine both accounts in search of the strongest possible formulation of each type of (...) theory. I fail to find a formulation of the ACT which is completely immune from counterexamples, but I do find a satisfactory formulation of the HT. In particular, I argue that the HT should incorporate a point central to the ACT that functions involve a means/end relationship between two devices. I then consider functional explanations: I argue that an ACT which holds that function statements are intrinsically explanatory cannot offer a satisfactory account. The account offered by Woodfield, who rejects this assumption, is adequate, though less attractive than the account suggested by the HT. I conclude by considering how the HT can account for functional norms. (shrink)

In this article, I address the question: what kind of normative principles should regulate the governance processes through which migration across international borders is managed? I begin by contrasting two distinct categories of normative controversy relating to this question. The first is a familiar set of moral controversies about justice within border governance, concerning what I call the ethics of exclusion. The second is a more theoretically neglected set of normative controversies about how institutional capacity for well (...) functioning border governance can best be achieved, concerning what I call the constitution of control of international borders. I argue that progress can be made in resolving controversies of the latter kind by applying a new normative theory of political legitimacy, distinct from the moral theories of justice routinely applied to ethics of exclusion controversies. On the ‘collective agency’ model of political legitimacy that I propose here, principles of political legitimacy have the regulatory role of combating complex collective action problems that may otherwise impede an institution’s collectively valuable functions. Through applying this theory, I sketch some provisional prescriptions for the design of international border governance institutions that may follow from the demand for strengthening their political legitimacy. (shrink)