Based on a framework that distinguishes several types, roles and functions of values in science, we discuss legitimate applications of values in the validation of computer simulations. We argue that, first, epistemic valuesEpistemic values, such as empirical accuracyAccuracy and coherence with background knowledgeBackground knowledge, have the role to assess the credibilityCredibility of simulation results, whereas, second, cognitive valuesCognitive values, such as comprehensiveness of a conceptual modelConceptual model or easy handling of a numerical model, have the role to assess the (...) usefulness of a model for investigating a hypothesisHypothesis. In both roles, values perform what we call first-order functions. In addition, cognitive values may also serve an auxiliary function by facilitating the assessment of credibility. As for a third type of values, i.e. social valuesSocial values, their legitimate role consists in specifying and weighing epistemic and cognitive values with respect to practical uses of a simulation, which is considered a second-order function. Rational intersubjective agreementAgreement on how to specify and weigh the different values is supposed to ensure objectivity in simulation validation. (shrink)

Based on a framework that distinguishes several types, roles and functions of values in science, we discuss legitimate applications of values in the validation of computer simulations. We argue that, first, epistemic values, such as empirical accuracy and coherence with background knowledge, have the role to assess the credibility of simulation results, whereas, second, cognitive values, such as comprehensiveness of a conceptual model or easy handling of a numerical model, have the role to assess the usefulness of a model (...) for investigating a hypothesis. In both roles, values perform what we call first-order functions. In addition, cogni¬tive values may also serve an auxiliary function by facilitating the assessment of credibility. As for a third type of values, i.e. social values, their legitimate role consists in specifying and weighing epistemic and cognitive values with respect to practical uses of a simulation, which is considered a second-order function. Rational intersubjective agreement on how to specify and weigh the different values is supposed to ensure objectivity in simulation validation. (shrink)

When governments introduce controversial policies that many citizens disapprove of, officeholders increasingly use discursive legitimation strategies in their public communication to ward off blame. In this paper, we contribute to the study of blame avoidance in government social media communication by exploring how corpus-assisted discourse analysis helps to identify three types of common legitimations: self-defensive appeals to personal authority of policymakers, impersonal authority of rules or documents and goals or effects of policies. We use a specialised corpus of (...) tweets by the Brexit department of the British government which we analyse both qualitatively and quantitatively. We demonstrate how the analysis of lexical bundles that characterise each type of legitimation might provide a new avenue for identifying the presence, characteristics and uses of these legitimations in larger datasets. (shrink)

Freedom interpreted as absence of restraints, as such, is a vacuous ideal. It requires reference to some setting and course of action in order to distinguish those restraints that block human effort from those, say, that support it. More broadly, this notion of freedom has little meaning and less value without some external criterion for evaluating human action and its conditions. Many thinkers have argued that the. criterion must be the absolute Truth ? truth that is unconditioned, indubitable, and imperative. (...) They have often argued that there is no freedom of error, and that the many persons who do not know such Truth are free only in obeying the few who do. This concept of freedom is often regarded as intolerable. A third possibility is to interpret freedom as a name for a range of significant alternatives for thought and action. Freedom, here, is compatible with truth interpreted in terms of the process of inquiry, rather than as substantive possession. It is a necessary condition for judging which restraints are real obstacles and which courses of action may be harmless, legitimate or good. The third meaning, especially, is illustrated with reference to the freedoms of utterance (expression) and speech (communication). (shrink)

Kant’s emphasis on the individual knower often overshadows the social dimension in his thought. In particular, it is infrequently recognized that he has a coherent and well-developed theory of testimony. In this paper I develop Kant’s view of testimony and argue for the important distinction that he holds between historical belief derived from testimony and what I shall call mere belief. While beliefs of the former type can be justified and often amount to instances of knowledge, beliefs of the second (...) type are not justified, cannot lead to knowledge, and yet may still be legitimately held. (shrink)

This paper has described three uses of Extreme Case formulationsto assert the strongest case in anticipation of non-sympathetic hearingsto propose the cause of a phenomenonto speak for the rightness (wrongness) of a practice.The interactants in the illustrations were engaged in several types of activities, among which were complaining, accusing, justifying, and defending. As concluding remarks, a few comments will be made about why participants use Extreme Case formulations in these activities.Part of the business of complaining involves portraying a situation (...) as a legitimate complainable. This may take the form of protraying the offense committed and/or the suffering endured in a way such that it would not be dismissed as minor. So as to legitimize a complaint and portray the complainable situation as worthy of the complaint, a speaker may portray the offense and/or the suffering with Extreme Case formulations. In both accusing and defending, participants ofyen present their strongest cases, including specifying Extreme Cases of their claims.Part of justifying a course of actions may involve portraying the precipitating circumstance as necessitating the action. The precipitating circumstance may be a problem circumstance which is portrayed as unfair, immoral, embarrassing, uncomfortable, or in some other way undesirable and/or intolerable. There is a shared assumption that the worse the problem, the more necessary it is to do something about it. In justifying, speakers use Extreme Case formulations to portray the circumstances that precipitated their actions as demanding their actions.A problem that participants have when engaged in, or reflecting on, conflicts, complaints, criticism, compliments, praise, etc. is to attribute the cause of the phenomenon. Who or what is responsible for the conflictual, complainable, praise-worthy state of affairs? One method that is used to determine what or who is responsible, i.e. to make an attribution, involves comparing the case in question to other similar cases. Through this procedure, persons determine that they are (are not) responsible for the state of affairsin questions. Extreme Case proportional formulations (‘everyone,’ ‘all,’ ‘every time’) are used to indicate that any individual member of that category is not responsible for the state of affairs; that responsibility is to be attributed elsewhere.The social order essentially is a moral order (Garfinkel, 1967). One of the ways of knowing what is acceptable and right is by finding out how people behave. There often is a shared assumption operating (one that is called into question on occasion): how people behave tells us what is the right way to behave. Proportional measures reporting the frequency or prevalence of practices are used to propose and substantiate the rightness and wrongness of those practices. Extreme Case formulations (‘all the time,’ ‘everybody,’ ‘no one’) propose behaviors are acceptable and right or unacceptable and wrong. (shrink)

Libertarian philosophy asserts that only the initiation of physical force against persons or property, or the threat thereof, is inherently illegitimate. A corollary to this assertion is that all forms of speech, including fraudulent advertising, are not invasive and therefore should be considered legitimate. On the other hand, fraudulent advertising can be viewed as implicit theft under the theory of contract: if a seller accepts money knowing that his product does not have some of its advertised characteristics, he acquires the (...) property title to the customer’s money without voluntary consent, which is theft. The balance between these two logical extensions of property rights—the right of free speech and the right of contract—lies somewhere in the area of communication philosophy, and can be explained through understanding the role of communication in human interactions. Advertising is a form of communication that may convey important information about the conditions of the proposed contract. These conditions are expressed in particular words that may have different meanings in different circumstances. Therefore to determine whether a particular example or “misinterpretation” is mere sophistry or a type of fraud, the judicial system has to approach each issue on a case-by-case basis. The border between legal and illegal should be determined by precedents and by expectations based on commonly accepted definitions of terms—what people commonly understand by the words and other forms of communication they use. (shrink)

Did Tocqueville treat democracy as a type of society, as a political regime, or in terms of their interactions? This paper argues against the assumption that Tocqueville's concept of this relationship remained constant over his three decades as a theorist. Beginning with his literal acceptance of Guizot's doctrinaire definition of democracy as an état social, Tocqueville then developed an eclectic political sociology. Without rejecting the significance of social organization for politics, he often reverted to Montesquieu's theory of the complex interaction (...) between the social and political. Finally, after the Second Republic's violent end by the coup he had as a statesman sought to prevent, Tocqueville was disgusted by the pseudo-democratic Bonapartist arguments used by the Second Empire's apologists to legitimate it. His final position was that any adequate definition of democracy had to include, not only social equality, but also political liberty and the participation of citizens in a government incorporating a genuine political life. (shrink)

A large number of Swedish public authorities produce ‘platform of values’ texts that present core values. This article presents a study of how such texts and practices, including the core values they revolve around, are legitimized. Using Van Leeuwen’s legitimation framework, three different data sets are analysed: 47 ‘platform of values’ texts, a focus group discussion with seven senior HR officers, and a quantitative questionnaire study answered by civil servants at three public authorities. The analysis shows how the existence (...) of ‘platform of values’ texts and practices is legitimized through rationalizations, above all by describing the texts as concrete means for reaching specific ends and, with regard to the choice of core values, through a custom-conformity type of authority. Thus, this article addresses discursive transformations of contemporary organizations with a particular focus on available discursive space for critical thinking in the wake of New Public Management and related developments. (shrink)

The Ford Pinto’s fuel tank was prone to rupture in collisions above 20 mph, sometimes resulting in burn deaths. An infamous Ford memo estimated the cost of a shield correcting the problem at $11. Should Ford have installed the shield, holding public safety paramount, or, respecting consumer autonomy, have made the shield an option? Answering this question requires distinguishing between three kinds of autonomy: merechoice autonomy (deciding something for oneself, regardless of the content of the choice), proclamative autonomy (making a (...) choice that holds up a value or standard, commitment to which is partly definitive of who one is), and high-impact autonomy (making a choice that profoundly affects one’s ability to make proclamative choices). (This is not a formal distinction, that is, a distinction meant be to be clear, rigorous, and neutral). Autonomy is thus asymmetric: choosing to do x may be highly proclamative while choosing not to do x is not. In the Pinto case, not giving consumers the option of declining the shield undercuts only mere-choice autonomy. Several arguments are provided (including an argument based on the nature of moral agency) that proclamative autonomy (and, derivatively, high-impact autonomy), rather than mere-choice autonomy, has significant positive value. More precisely, it is argued that, as a rule, the more proclamative a choice is, other things being equal, the more weight autonomy claims about that choice possess. The paper concludes that common sense is correct about the Pinto case. In some instances, consumer choice may legitimately count more than the engineer’s commitment to public safety (particularly when proclamative choice is involved). However, losing the opportunity to save $11 is not too large a price to pay in order to counter market pressures against safety by inducing in engineers a professional commitment to put safety first. (shrink)

Istvan Bibó was the clandestine politological authority during the late Kadar period, and was rediscovered after the fall of communism. The essay examines and reconstructs the notions of elite and legitimation in Bibó''s political philosophy. As a young thinker he confronted the value crisis between the two world wars. He was influenced by Oswald Spengler''s and Ortega y Gasset''s theories of elites. The essay analyses the similarities and differences in their views. In Bibó''s conceptual world, the theory of elites (...) is connected with the issue of legitimation, because in his opinion the crisis of elites always results in a crisis of legitimation. Bibó''s analysis of elites, their social responsibilities as well as the types of legitimization are highly instructive for us since they help us rethink our conceptions of the social roles of elites and political legitimation under conditions of globalisation. (shrink)

This article reports a critical discourse analysis of the legitimation strategies used in two Chinese government white papers about trade frictions between China and the United States. Drawing on the legitimation framework advanced by van Leeuwen to political discourse, it shows how the white papers use four main legitimation strategies: authorization, moralization, rationalization, and integration. It argues that the Chinese government uses these strategies to legitimate its responses to US trade policy and delegitimate the US government’s motives (...) for initiating/escalating tensions. This article also discusses how the use of these legitimation strategies draws from certain traditional Chinese cultural values, such as Confucianism, the culture of face, and collectivism. This article is a part of a larger research project studying discursive strategies in trade friction discourse and hopes to shed light on the attributes and functions of this type of discourse. (shrink)

The relationship between political judgment and science-based expertise is a troubled one. In the media three cliché images compete. The business-as-usual political story is that, in spite of appearances to the contrary, politics is safely ‘on top’ and experts are still ‘on tap’. The story told by scientists is that power-less but inventive scholars only ‘speak truth to power’. But there is plenty of room for a more cynical interpretation. It sees scientific advisers as following their own interests, unless better (...) paid by other interests, and politicians as asking for advice only to support and legitimize their pre-formed political decisions. To the extent this cynical perspective gains ascendancy, politics and science lose credibility. If we think the three clichés cloak a more complex reality, we should embark upon a quest for other, possibly better models of the science/politics nexus. That is exactly the purpose of this article. Its claim is that a mutual transgression of the knowledge utilization strand of research in policy studies and the study of science, technology and society will provide us with more sophisticated images of science/politics boundary arrangements. Building upon Habermas’ well-known distinctions and Wittrock’s historical-institutional approach in the construction of a property space, eight models are presented. We should try to discover the conditions under which some of these models may claim greater verisimilitude. This may allow us to rethink the role of scientific expertise in policymaking and generate a model that guides experts and policymakers in their day-to-day boundary work. (shrink)

The concept of deliberation in the Ukrainian philosophical discourse is both underestimated and overestimated. Underestimated — as a self-sufficient category that is not reducible to another con- cept, even if it is the concept of consensus or the concept of democracy. Deliberation appears pri- marily as a careful weighing and selection of arguments when making an important decision. Collegiality may or may not be present here, as well as openness. Therefore, the concept of deliber- ation is somewhat overestimated as something (...) that necessarily improves the quality of democratic procedures, and therefore, supposedly, deliberation itself is something democratic in nature. American political philosopher Joshua Cohen drew attention to the fact that deliberation can be of at least three types: individual deliberation, jury deliberation, and oligarch deliberation. The article analyzes these three types of deliberation and found that the closest to the democratic type of government is individual deliberation, or rather, joint deliberation of responsible citizens. While the deliberation of the jury is mostly closed, it is naturally limited access to the extent of the necessary competence of its possible participants. The deliberation of the oligarchs is even more closed and often even secret. However, the article states that it is more appropriate to replace the name «oligarchs» with the term «captains of business»: then the deliberation of the oligarchs ceases to be a cartel conspiracy, and turns into a coordinated protection of the interests of the national economy. However, for this, de- liberation itself is not enough, so not procedural, but other, namely, value factors of decision-making are needed. Democracy benefits from deliberation when the latter is complemented by the liberal and patriotic values of the participants in the deliberation. Already John Locke convincingly argues the importance of citizens achieving a common conscious agreement in state matters. However, for Locke, the very fact of having property was important, while in practice, achieving an effective agreement requires mechanisms for reconciling the positions of owners with very different amounts of property. To some extent, this problem can be solved by John Rawls` concept of justice. (shrink)

Radio phone-ins, or `talk radio' shows, represent a popular environment in which members of the public at large may discuss the news of the day from their own perspective. This article explores some discursive devices that are used in legitimating, or authenticating, lay speakers' opinions about news in this environment. A number of examples of calls to a talk radio show are examined in order to show the oriented-to importance of `witnessing' in establishing the legitimacy of an opinion. A range (...) of factors are discussed, including: the variety of types of first-hand knowledge that may be invoked; the sequential and interactional contexts in which first-hand knowledge is invoked; and the way in which first-hand knowledge itself may be used not just to legitimate, but to undermine, the status of a caller's contribution to the show's debate. (shrink)

Talk of different types of cells is commonplace in the biological sciences. We know a great deal, for example, about human muscle cells by studying the same type of cells in mice. Information about cell type is apparently largely projectible across species boundaries. But what defines cell type? Do cells come pre-packaged into different natural kinds? Philosophical attention to these questions has been extremely limited [see e.g., Wilson (Species: New Interdisciplinary Essays, pp 187–207, 1999; Genes and the Agents of (...) Life, 2005; Wilson et al. Philos Top 35(1/2):189–215, 2007)]. On the face of it, the problems we face in individuating cellular kinds resemble those biologists and philosophers of biology encountered in thinking about species: there are apparently many different (and interconnected) bases on which we might legitimately classify cells. We could, for example, focus on their developmental history (a sort of analogue to a species’ evolutionary history); or we might divide on the basis of certain structural features, functional role, location within larger systems, and so on. In this paper, I sketch an approach to cellular kinds inspired by Boyd’s Homeostatic Property Cluster Theory, applying some lessons from this application back to general questions about the nature of natural kinds. (shrink)

It is commonly supposed that citizens of a reasonably just state have a prima facie duty to obey its laws. In recent years, however, a number of influential political philosophers have concluded that there is no such duty. But how can the state be a legitimate authority if there is no general duty to obey its laws? This article is an attempt to explain how we can make sense of the idea of legitimate political authority without positing the existence of (...) a general duty to obey the law. The explanation makes use of a distinction between laws of general application, on one hand, and on the other the particularized, directed efforts by state officials to channel and resolve disputes (including those arising from violations of the law). A state's legitimate authority entails a general duty to cooperate in the latter type of effort, rather than upon a dubious general duty to obey the law. (shrink)

Health‐care and public sector institutions are high‐risk settings for workplace bullying. Despite growing acknowledgement of the scale and consequence of this pervasive problem, there has been little critical examination of the institutional power dynamics that enable bullying. In the aftermath of large‐scale failures in care standards in public sector healthcare institutions, which were characterised by managerial bullying, attention to the nexus between bullying, power and institutional failures is warranted. In this study, employing Foucault's framework of power, we illuminate bullying as (...) a feature of structures of power and knowledge in public sector institutions. Our analysis draws upon the experiences of a large sample (n = 3345) of workers in Australian public sector agencies – the type with which most nurses in the public setting will be familiar. In foregrounding these power dynamics, we provide further insight into how cultures that are antithetical to institutional missions can arise and seek to broaden the debate on the dynamics of care failures within public sector institutions. Understanding the practices of power in public sector institutions, particularly in the context of ongoing reform, has important implications for nursing. (shrink)

Focusing on the thought of Mencius and Xunzi, this essay reconstructs and examines the classical Confucian position on the legitimate use of military force. It begins by sketching historically important political concepts, such as types of political leaders, politics of the kingly way versus politics of the hegemonic way, and the controversial role of lords-protector. It then moves on to explore Confucian criteria for justifying resort to the use of force, giving special attention to undertaking punitive expeditions to interdict (...) and punish aggression and tyranny. Following this discussion, the essay then attends to important Confucian moral constraints on how military force is properly employed, including prohibitions on attacking the defenseless, indiscriminate slaughter of enemy forces, destruction of civilian infrastructure, prisoner abuse, and non-consensual annexation of territory. The essay concludes by first discussing an illustrative case from Mencius and then comparing its reconstruction of the Confucian position to those offered by other scholars. (shrink)

ABSTRACT Focusing on the thought of Mencius and Xunzi, this essay reconstructs and examines the classical Confucian position on the legitimate use of military force. It begins by sketching historically important political concepts, such as types of political leaders, politics of the kingly way versus politics of the hegemonic way, and the controversial role of lords‐protector. It then moves on to explore Confucian criteria for justifying resort to the use of force, giving special attention to undertaking punitive expeditions to (...) interdict and punish aggression and tyranny. Following this discussion, the essay then attends to important Confucian moral constraints on how military force is properly employed, including prohibitions on attacking the defenseless, indiscriminate slaughter of enemy forces, destruction of civilian infrastructure, prisoner abuse, and non‐consensual annexation of territory. The essay concludes by first discussing an illustrative case from Mencius and then comparing its reconstruction of the Confucian position to those offered by other scholars. (shrink)

Although there is a vast body of work on legitimacy, we still have a limited understanding of the discursive aspects of moral legitimation. This is surprising considering the increase in morally laden societal discussions, for example related to understanding gender, rights and regulations during a pandemic, political scandals and ethics of global business amongst others. In particular, from an organization studies perspective, we lack knowledge on how journalists negotiate moral legitimation of controversial organizational decisions such as closures or (...) shutdown decisions related to global industrial restructuring. Therefore, drawing on the critical discourse studies tradition, we examine the media coverage of controversial shutdowns in Finland over the past 2 decades. Our analysis suggests three moral legitimation types: moral engaging, moral distancing and moral surrendering. These types involve specific discursive moralization practices and strategies, and they each paint a different picture of the moral options, responsibility, and inevitability in these decisions. These types can be found in the same texts supporting each other, but they also help us understand how legitimation may involve a pattern where the most explicit reflections (moral engagement) are followed by more indirect (moral distancing) and less apparent but very powerful (moral surrendering) forms of legitimation. By so doing, we also offer a heuristic that can, with due caution, be used for analyzing other texts on adverse effects of globalization or events that might include moral and ideological conflicts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Martin Heidegger and OntologyEmmanuel Levinas (bio)The prestige of Martin Heidegger 1 and the influence of his thought on German philosophy marks both a new phase and one of the high points of the phenomenological movement. Caught unawares, the traditional establishment is obliged to clarify its position on this new teaching which casts a spell over youth and which, overstepping the bounds of permissibility, is already in vogue. For once, (...) Fame has picked one who deserves it and, for that matter, one who is still living. Anyone who has studied philosophy cannot, when confronted by Heidegger’s work, fail to recognize how the originality and force of his achievements, stemming from genius, are combined with an attentive, painstaking, and close working-out of the argument—with that craftsmanship of the patient artisan in which phenomenologists take such pride. In this study, it is important for us to understand, above all, the true intentions of our author, to illuminate what he thinks really needs to be said, and to surmise what is most critical for him.To get to the heart of Heidegger’s system, it seems fitting to begin with a problem that is generally familiar. We choose the problem of knowledge, a deeper understanding of which takes us to the very threshold of Heidegger’s thought. For this problem, central to modern philosophy, is one of the main obstacles of modern philosophy that Heidegger wishes to surmount. Neo-Kantianism, which takes knowledge as the philosophical problem of the first rank, is the movement against which Heidegger rebels with all his strength. We have, thus, every chance of gaining access to his thought by the main door, so to speak. Once inside the system we will try to trace its outlines, 2 reserving, for a second part of our work, the determination of Heidegger’s place in the history of ideas, especially in the phenomenological movement, as well as of his relations with the philosopher to whom he owes so much—Edmund Husserl. 31In its most general form, the problem of the theory of knowledge has a critical significance. It consists in delineating a domain where knowledge can be certain and in determining the criteria for the legitimate scope of knowledge. But this problem, as normal and as simple as it may appear, has deeper roots. That knowledge should need a criterion at all presupposes that truth is not identical to all that is known and that the course [End Page 11] of things can fail to correspond with the course of thought. “How does knowledge correspond to being?” is a more profound formulation of the problem of knowledge.But we are not going to touch anymore on the primordial phenomenon that generates the problem. The problem of correspondence between thing and thought presupposes a free activity of thought and its isolation in relation to the object. It is precisely this presupposition which renders their harmony and even their contact problematic. “How does the subject take leave of itself to attain the object?” is what the problem of knowledge, in the last analysis, boils down to. Its true source is thus the concept of “subject” as elaborated by modern philosophy. The cogito presided over the subject’s birth. The cogito was the affirmation of the privileged nature of the subject’s immanent sphere, of its unique place in existence; hence, the cogito was the specificity of the subject’s connection to the rest of reality, the sui generis nature which opens up the passage from immanence to transcendence, the passage from ideas contained in the thinking substance to 4 their “formal existence.”The concept of the subject, understood as a substance having a specific position in the entire domain of being, presents us with difficulties of two kinds. First, how do we understand this leave-taking from the self which the thinking substance brings about and which displays an entirely original aspect? Indeed, we could say that thought, in reaching out toward objects, does not actually take leave of itself, since its objects—considered as ideas and contents of thought—are, in a certain sense, already within it. In order to make sense of this paradox, Descartes... (shrink)

This paper examines the legitimacy conditions of constitutionalism by examining one particular type of constitutional provision: provisions aimed at advancing future generations’ interests. After covering the main forms that such provisions can adopt; it first considers three legitimacy gains of constitutionalising them. It then explores two legitimacy concerns that so doing raises. Given that constitutions are difficult to amend; constitutionalisation may threaten future generations’ sovereignty. And it may also make the constitution’s content impossible to adapt to changing circumstances and interests. (...) Finally; the paper examines the ways in which such concerns may be addressed at the adoption; formulation; and amendment stages. In particular; it discusses if the use of sunset clauses and regular constitutional conventions may; and under what conditions; successfully address such concerns. (shrink)

Corruption poisons corporations in America and around the world, and has devastating consequences for the entire social fabric. In this article, we focus on organizational corruption, described as the abuse of authority for personal benefit, and draw on Weber’s three ideal-types of legitimate authority to develop a theoretical model to better understand the antecedents of different types of organizational corruption. Specifically, we examine the types of business misconduct that organizational leaders are likely to engage in, contingent on (...) their legitimate authority, motives, and justifications. We conclude by suggesting managerial implications of our theoretical model and propose directions for future research. (shrink)

This thesis seeks to provide an overview and examination of the thought of the significant contemporary sociologist, Peter L. Berger. Berger is concerned with the issue of how meaning is constructed in modern, secular, bureaucratic society. Furthermore, this thesis seeks to outline, and trace the development of, Berger's thought. To achieve this the thesis examines Berger's use of the disciplines of the sociology of knowledge and religion, along with contemporary studies in religion and theology. Berger, by linking the function of (...) a theodicy with that of making meaning, allows for theodicies to be conceived of in the broader context of making meaning in contemporary society. As such, a contemporary theodicy needs to include (indeed, it needs to be inclusive, rather than exclusive) such factors as the relationship between self, others, the world, and the transcendent so as to provide some basis for an authentic and meaningful existence. There is a need for a more inclusive theodicy (other than the traditional individualistic type) which has hermeneutic concern for the 'whole' (wholeness of self, wholeness in relationships with others, wholeness with the world/environment, and wholeness with the transcendent). However, this 'wholeness' will not be provided by over-arching, public, structures or systems; it will need to be through chosen, private means which reflect the Post-Modernist situation where 'closure' on a grand scale is unobtainable (Marshall, 1992, pp. 192 -193). Berger's work provides the possibility for this legitimation of a theodicy (or theodicies) which will provide meaning in Post-Enlightenment society. The construction of meaning in contemporary society needs an ability to cope with complexity, it needs to be reasonable, as well as contemporary (to cope with the plurality in modern society), and it is on the way (that is, not given to closure). Therefore any contemporary theodicy, or system of meaning, must be able to be historically concerned (that is, conscious of its origins and open to the future), empirical (that is, open to scrutiny and review), inductive (that is, dealing with concrete reality, not abstract theory), and concerned with people's lived experience. Berger's signals of transcendence allow for the legitimation of this private, deinstitutionalized religion; that is, they legitimate a meaningful theodicy for contemporary humanity. This theodicy, which is able to accommodate the wider view current in modern society provided by the ecological movement, interaction between the various religious traditions, the feminist movement, the reality of multi-culturalism, and the resulting pluralism from the above factors, can provide some basis for a meaningful and authentic existence in contemporary society. The signals of transcendence are able to correlate people's lived experience (their 'natural reality') to a reality which is "in, with and under" that natural reality (Berger, 1992, p. 155). (shrink)

The Marxian concept of ideology has been subjected to various types of criticism. Some criticism derives from the concept’s internal difficulties. Other criticism stems from the historical evolution of ideological forms. The article argues that a shift which is often presented as an overcoming of ideology is rather to be seen as a transformation of ideology, which in turn calls for a transformation of our conceptions of ideology. The article thus focuses on the trend towards the replacement of a (...) paradigm of justification by legitimation by a paradigm of justification by description. (shrink)

The periodic table is one of the best-known systems of classification in science. Because of the information it contains, it raises explanation-seeking questions. Quantum mechanical models of the behaviour of electrons may be seen as providing explanations in response to these questions. In this paper we first address the question ‘Do quantum mechanical models of atoms provide legitimate explanations?’ Because our answer is positive, our next question is ‘Are the explanations provided by quantum mechanical models of atoms mechanistic explanations?’. This (...) question is motivated by the fact that in many scientific disciplines, mechanistic explanations are abundant. Because our answer to the second question is negative, our last question is ‘What kind of explanation do quantum mechanical models of atom provide?’ By addressing these questions, we shed light on the nature of an important type of chemical explanation. (shrink)

This section aims to summarize and conclude Part I in the form of a taxonomy of legitimate and illegitimate corporate moral responsibility attributions. I believe we can categorise four types of corporate moral responsibility attributions two of which are legitimate and two which are illegitimate with regard to our concept of moral agency and our moral intuition of fairness.

Stakeholder maneuvers such as Internet media attacks or consumer boycotts can have devastating effects on companies. By contrary, vital relationships between companies and their stakeholders can be highly beneficial. A review of the existing stakeholder-management literature suggests to engage stakeholders in business activities in a positive manner. However, the types of successful engagement activities differ across industries. The purposes of this article are to develop an explanatory framework based on the literature findings, to introduce stakeholder-engagement literature to a segment (...) of the water sourcing industry, and to unfold industry’s stakeholder-engagement measures. Based on a content analysis of 11 cases, we investigate if and how companies in the natural mineral water bottling industry in Austria inform, communicate, and therefore engage with stakeholders. It became evident that fewer than three of eleven companies published information on sustainability or corporate social responsibility reports, open house days, workshops, or international community activities. Most companies maintained a website for their bottled natural mineral water or communicated quality consciousness. We conclude that most companies in the Austrian mineral water industry could increase their stakeholder-engagement activities to positively respond to challenging business environments. (shrink)

Written by a noted expert in criminal law, this book explores the philosophical underpinnings of the law's major doctrines concerning actus reus, mens rea, and defences, showing that they are not always driven by culpability. They are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing. As such, they engage wider debates about wrongdoing, and about the boundaries between liability and freedom. This multi-textured analysis allows this book to take more nuanced positions about many important controversies in criminal (...) law. It argues, for example, that liability for omissions and for negligence-and even some strict liability elements-can sometimes be legitimate yet, at the same time, should be relatively rare. It also explains why principles of causation can differ in the criminal law from other contexts; what is wrong with the 'voluntary act' requirement; and why luck can affect the wrongs we commit without changing our degree of blameworthiness for committing them. The book concludes with an account of the major types of defences, and of how they interact with an agent's wrong and her underlying motivations.This volume presents a coherent and rich vision of the criminal law that, by its sheer breadth, makes a distinctive contribution to the literature, of interest to lawyers and philosophers alike. (shrink)

In this article I explore the underlying political philosophy of public bioethics by comparing it to technocratic authority, particularly the technocratic authority claimed by economists in Mexico in the 1980s and 1990s. I find that public bioethics - at least in the dominant forms - is implicitly designed for and tries to use technocratic authority. I examine how this type of bioethics emerged and has continued. I finish by arguing that, as claims to technocratic authority go, bioethics is in an (...) incredibly weak position, which partly explains why it has never gained the degree of public legitimacy that other technocracies have gained. I conclude by arguing for a "technocracy-lite" orientation for public bioethics. (shrink)

We defend the view that belief is a psychological category against a recent attempt to recast it as a normative one. Tamar Gendler has argued that to properly understand how beliefs function in the regulation and production of action, we need to contrast beliefs with a class of psychological states and processes she calls “aliefs.” We agree with Gendler that affective states as well as habits and instincts deserve more attention than they receive in the contemporary philosophical psychology literature. But (...) we argue that it is a serious error to align beliefs with the norm of rationality, while building a contrasting category whose members are characterized primarily by their failure to measure up to that normative standard, since these latter ones cannot constitute a distinct psychological category. First, we demonstrate that Gendler gets unwarranted conclusions about the existence of aliefs from belief-discordant cases. Next, we argue that the concept of alief is insufficiently clear. Aliefs cannot be distinguished from other types of states, such as beliefs. Also, when grouping many states under the category of aliefs, Gendler overlooks important differences between phenomena that are clearly distinct, such as habits and instincts. Aliefs simply do not constitute a legitimate psychological category. (shrink)

We defend the view that belief is a psychological category against a recent attempt to recast it as a normative one. Tamar Gendler has argued that to properly understand how beliefs function in the regulation and production of action, we need to contrast beliefs with a class of psychological states and processes she calls “aliefs.” We agree with Gendler that affective states as well as habits and instincts deserve more attention than they receive in the contemporary philosophical psychology literature. But (...) we argue that it is a serious error to align beliefs with the norm of rationality, while building a contrasting category whose members are characterized primarily by their failure to measure up to that normative standard, since these latter ones cannot constitute a distinct psychological category. First, we demonstrate that Gendler gets unwarranted conclusions about the existence of aliefs from belief-discordant cases. Next, we argue that the concept of alief is insufficiently clear. Aliefs cannot be distinguished from other types of states, such as beliefs. Also, when grouping many states under the category of aliefs, Gendler overlooks important differences between phenomena that are clearly distinct, such as habits and instincts. Aliefs simply do not constitute a legitimate psychological category. (shrink)

Modern medicine provides unprecedented opportunities in diagnostics and treatment. However, in some situations at the end of a patient’s life, many physicians refrain from using all possible measures to prolong life. We studied the incidence of different types of treatment withheld or withdrawn in 6 European countries and analyzed the main background characteristics.

We started from the fact that type theory, in the way it was implemented in IL, makes it costly to deal with nominalization processes. We have also argued that the type hierarchy as such doesn't play any real role in a grammar; the classification it provides for different semantic objects is already contained, in some sense, in the categorial structure of the grammar itself. So, on the basis of a theory of properties (Cocchiarella's HST*) we have tried to build a (...) language (IL*) whose syntax does not contain any explicit typing of expressions. Some of the consequences that this move brings about in the overall organization of the grammar can be summarized as follows:it allows for a simple treatment of infinitives, gerunds, factives and, in general, all those phenomena which might be analyzed as cases of nominalization;it provides a simpler and more constrained semantics than IL, since IL* doesn't go beyond second order, and its non-modal basis is axiomatizable;it suggests that the role of logical form in a theory of grammar could be that of a family of theories of semantic objects;it eliminates the extrinsic limitations of a type hierarchy on the choice of the system of syntactic categories.I think that it is interesting to notice how having an explicit semantic framework helps to provide a sense in which it is legitimate to regard the syntax of a language as ‘autonomous’. (shrink)

The moral fog is used in spiritual and religious contexts to describe the normative incompetence of our more widely shared and everyday lives. It describes features or circumstances of our worlds that render the nature and consequences of our conduct opaque, and so undermine our capacities for moral understanding and decision‐making. Better understanding the features that enable the problems of moral fog, helps explain much of the explosion in various types of evil that flourish online. Worlds that have brought (...) problems of moral fog, where normalizing and legitimizing influences enable evil to flourish, in ways never seen and otherwise hardly imagined. The milieu and pressures of working or professional lives are a rich source of examples where a moral fog of positive and relatively neutral self‐understandings operates to blind us or screen off other undesirable realities of our lives. (shrink)

The concept of recognition has been pivotal in critical theory in recent years. This paper discusses how two goals of a critical theory of recognition – to explain and to morally evaluate social change – are interrelated. In doing so, this paper draws the limits of the concept of struggles for recognition. It is argued that if a social movement can be deemed illegitimate, this movement can no longer be understood as struggling for recognition. This implies that the two goals (...) of a critical theory of recognition cannot be fulfilled simultaneously: a moral standard that distinguishes between legitimate and illegitimate social struggles cannot distinguish between different types of struggles for recognition, but only between struggles for recognition and other types of social struggles. Drawing the limits of the concept of struggles for recognition in this way helps to better distinguish between different types of social struggle and contributes to a more precise understanding of what struggles for recognition entail. (shrink)

Quality-of-life policing, responsive to the concerns of urban communities, presents a profound paradox. On the one hand, the collateral effects of drug use, especially in public and in racially fragmented, low-income communities, result in levels of crime and fear of crime that renders the communities almost uninhabitable; on the other, the collateral effects of policing drug crime, for these same communities, destroy the community's human fabric. A "new" generation of legal scholars have embraced and transformed the Broken Windows model of (...) policing urban communities. These theorists share a "social norms"perspective: they suggest that law's direct threat of imposing sanctions is not the sole means of constraining conduct. A variety of other devices, including non-legal, "social" norms, may supplement the law's coercive power. The social norms "take" on the Broken Windows argument is that public low-level crime undermines the social structures of local communities. Inner city blight sends a distinct message: that community members reject or ignore norms supporting law-abiding behavior in favor of norms supporting law-breaking. Accordingly, social norms theorists advocate empowering police and local communities through a variety of traditional and newly minted public order offenses (such as anti-loitering statutes and youth curfews) as means of attacking high crime in urban and predominantly minority neighborhoods. In this article, I take up the challenge of public order policing. My claim is that the sort of preventative policing social norms theorists advocate can and should be separated from reactive "investigative" policing directed at apprehending criminals. Separating preventative and investigative policing means that the police, as currently constituted, are the wrong people to engage in preventative policing. Instead, the appropriate people include municipal officials with no power to engage in investigation but who have the authority to enforce norms of public order. My proposal is to radically restructure the manner in which we think about the legitimacy of various policing practices and the type of authority the police wield. Our current focus on constitutional remedies for low-level police abuses has failed to ameliorate the justified resentment expressed by individuals and local communities subject to heightened amounts of increasingly invasive policing.The attempt to limit police authority through prospective constitutional (and other) norms that control their ability to search, seize, and interrogate suspects is properly confined to the police's investigative role. Limits do not work to constrain their ability to police public order and engage in crime prevention. Yet even at the investigative stage, the Court has already replaced the rule-based due-process model of authority with a series of role-based exceptions to the Fourth, Fifth, and Sixth Amendments' constitutional requirements. Both role- and rule-based concepts of authority concern the proper scope of legitimate authority. Rule-based authority has its basis in adherence to the content of particular rules; role-based authority is based in the powers afforded individuals in particular roles of public authority. Whereas rule-based authority derives its legitimacy primarily from the government's right to promulgate norms, role-based authority gains legitimacy from the degree to which the official's role is matched to the circumstances triggering authority. (shrink)

The standard opinion is that the force of the constitution hinges on the fact that it is willingly endorsed by the people or, at least representative of the people. This Article challenges this view. More specifically, I differentiate between two types of legitimation: representational legitimation and non-representational or reason-based legitimation. While representational legitimation rests on the fact that the constitution is representative of who the people are or what they want, reason-based constitutions are based on (...) the judgement that the constitution is just or, at least grounded in reason. I also show that some of the puzzles in constitutional theory can be resolved by acknowledging the significance of the latter type of legitimation. For instance, I illustrate that constitutions that were not adopted freely by the nations and could not have been characterized as representative of the people such as the German Constitution can still be legitimate. To put it provocatively: the legitimation of a constitution need not rest on the conviction that it represents the people whom it governs; it may simply rest on the belief that it is a good or just constitution. Representational legitimacy is only one form of legitimacy but not the only one. (shrink)

In this work Ockham proposes a theory of simple predication, which he uses in explicating the truth conditions of progressively more complicated kinds of propositions. His discussion includes what he takes to be the correct semantic treatment of quantified propositions, past tense and future tense propositions, and modal propositions, all of which are receiving much attention from contemporary philosophers. He also illustrates the use of exponential analysis to deal with propositions that prove troublesome in both semantic theory and other disciplines, (...) such as metaphysics, physics, and theology. This type of analysis plays an essential role in his substantive philosophical and theological works, and in many cases then can hardly be understood without a prior acquaintance with this section of the Summa. An introduction by Alfred J. Freddoso clarifies and summarizes Ockham's theory, discusses certain philosophical problems which it engenders, and proposes new interpretations for parts of it. The essay will be helpful both to those interested in Ockham as a historical figure and to those interested in his substantive systematic contributions to logical theory. (shrink)

This book offers a collection of essays in contemporary political philosophy from a wide range of Continental viewpoints. The authors include some of the most prominent European and European-oriented philosophers and political thinkers of our day. Two sections out of four focus on the debate between prescriptive and descriptive types of political thinking. On the prescriptive or normative side, Karl-Otto Apel, Robert Paul Wolff, Robert Spaemann, Hans Jonas, and Jean-Francois Lyotard discuss current forms of legitimating political life via some (...) ultimate grounding. On the descriptive or phenomenological side, Bernhard Waldenfels, Michel Henry, William J. Richardson, Jürgen Link, and Vincent Descombes argue that an understanding of praxis is always implied as one reaches insights into the life-world; there is no need to either construe or set normative standards for action. The remaining two sections deal with transcendental and institutional types of political philosophy, respectively. Manfred Riedel, Stanley Rosen, Thomas Seebohm, and Ludwig Siep develop Kant’s search for “a priori” conditions in the public realm; explicitly or implicitly, they confront the ancient Greek with the modern Enlightenment conceptions of life in public. Lastly, Agnes Heller, Alain Touraine, Reinhart Koselleck, and Bertram Schefold put to work many ways of looking at the life of our institutions. (shrink)

In this paper I articulate a view of doxastic control that helps defend the legitimacy of our practice of blaming people for their beliefs. I distinguish between three types of doxastic control: intention-based, reason-based, and influence-based. First I argue that, although we lack direct intention-based control over our beliefs, such control is not necessary for legitimate doxastic blame. Second, I suggest that we distinguish two types of reason-responsiveness: sensitivity to reasons and appreciation of reasons. I argue that while (...) both capacities are necessary for satisfying the control condition, neither is sufficient. Finally, I defend an influence-based view of doxastic control according to which we have the capacity to execute intentions to engage in reflection that causally influences our beliefs in positive epistemic ways. This capacity is both necessary and sufficient for satisfying the control condition for legitimate doxastic blame. I end by defending the view from two objections: that reflection is not necessary for meeting the control condition, and that it is not sufficient. (shrink)

Looking back at the "War on Terror" and its policies, actions, and the violence that followed, this book analyzes the resulting changes in international power structures and the relationship between citizens and their representatives. It defines our shortcomings in opposing this type of violence by demonstrating how the notion of legitimate violence has been broadened. -/- The impact of the "War on Terror" on the public view of Liberalism is explored, as well as its effects on the role of state (...) authorities in our lives. Thus, this book names the lessons we ought to learn from the actions taken against terrorist organizations. (shrink)

What exactly does conceptual analysis consist in? Is it empirical or a priori? How does it support philosophical theses? and What kinds of thesis are these? There is no consensus on these questions in contemporary philosophy. This study aims to defend conceptual analysis by showing that it comprises a number of different methods and by explaining their importance in philosophy. After setting out an initial dilemma for conceptual analysis, the study outlines a minimal ecumenical account of concepts, as well as (...) an account of concept possession and concept employment. On the basis of these accounts, the study then argues that there are both empirical and a priori forms of conceptual analysis, and that each can be defended as legitimate methods. The philosophical interest of conceptual analysis, however, resides in relying on all three types of method in the service of answering philosophical concerns. This is illustrated by three sample cases. (shrink)

This article explores the enterprising act of socially constructing fatness, or overweight and obesity, as an individual and collective problem. We argue that this process is complex and hence draw liberally on and extend an eclectic range of scholarship (e.g. the sociology of the body, moral panic theory, critical weight studies) when presenting a typology of obesity epidemic entrepreneurs, that is, those who actively make fatness into a correctable health problem. Using a variety of data, we consider six main ideal (...) typical entrepreneurs: creators, amplifiers/moralizers, legitimators, supporters, enforcers/administrators and the entrepreneurial self. We conclude with a critique of obesity epidemic entrepreneurship and underscore the broader salience of our work for the sociology of the body/embodiment. The relevance of social studies of the body for the obesity debate and critical weight studies is also highlighted. (shrink)

Hierarchical expansions of the theory of natural selection exist in two distinct bodies of thought in evolutionary biology, the group selection and the species selection traditions. Both traditions share the point of view that the principles of natural selection apply at levels of biological organization above the level of the individual organism. This leads them both to considermultilevel selection situations, where selection is occurring simultaneously at more than one level. Impeding unification of the theoretical approaches of the multilevel selection traditions (...) are the different goals of investigators in the different subdisciplines and the different types of data potentially available for analysis. We identify two alternative approaches to multilevel situations, which we termmultilevel selection [1] andmultilevel selection [2]. Of interest in the former case are the effects of group membership onindividual fitnesses, and in the latter the tendencies for the groups themselves to go extinct or to found new groups (i.e., group fitnesses). We argue that: neither represents the entire multilevel selection process; both are aspects of any multilevel selection situation; and both are legitimate approaches, suitable for answering different questions. Using this formalism, we show that: multilevel selection [2] does not require emergent group properties in order to provide an explanatory mechanism of evolutionary change; multilevel selection [1] is usually more appropriate for neontological group selection studies; and species selection is most fruitfully considered from the point of view of multilevel selection [2]. Finally we argue that the effect hypothesis of macroevolution, requiring, in selection among species, both the absence of group effects on organismic fitness (multilevel selection [1]), and the direct determination of species fitnesses by those of organisms, is untestable with paleontological data. Furthermore, the conditions for the effect hypothesis to hold are extremely restrictive and unlikely to apply to the vast majority of situations encountered in nature. (shrink)