Dismissal is a major issue for distributive justice at work, because it normally has a drastic impact on an employee’s livelihood, self-esteem and future career. This article examines distributive justice under the US’s employment-at-will (EAW) system and New Zealand’s just-cause dismissal system, focusing on the three main categories of dismissal, namely misconduct, poor performance and redundancy. Under EAW, employees have limited protection from dismissal and remedies are restricted to just a few so-called exceptions. Comparatively, New Zealand’s just-cause system delivers much (...) more just outcomes, both in terms of remedies and punishments. Despite a few shortcomings, it should be considered as a reasonable reference for policy changes in the US. (shrink)

This study assesses the extent to which job application forms violate the New Zealand Human Rights Act. The sample for the study includes 229 job application forms, collected from a variety of large and small, public- and private-sector organizations that together employ approximately 200,000 workers. Two hundred and four or 88% of the job application forms contain at least one violation of the Act. One hundred and sixty five or 72% contain two or more and 140 or 61% contain three (...) or more violations. The most common violations concern age, gender, nationality, and disability. The least common concern political opinion, ethical belief, religious belief, and sexual orientation. Despite widespread violations, many forms do have non-discriminatory questions that yield the same kind of useful information as discriminatory questions. Employers could incorporate these into their job application forms to bring themselves into compliance with the law. The same lessons also generally apply to North American employers, given the high degree of comparability between American, Canadian, and New Zealand anti-discrimination laws. (shrink)

This paper explores the conduct of performance appraisals of nurses in a New Zealand hospital, and how fairness is perceived in such appraisals. In the health sector, performance appraisals of medical staff play a key role in implementing clinical governance, which, in turn, is critical to containing health care costs and ensuring quality patient care. Effective appraisals depend on employees perceiving their own appraisals to be fair both in terms of procedure and interaction with their respective appraiser. We examine qualitative (...) data from interviews and focus groups, involving 22 nurses in a single department, to determine whether perceived injustices impact on the effective implementation of the appraisal system. Our results suggest that particular issues had been causing some sense of injustice, and most of these were procedural. Potential solutions focus on greater formalisation of the performance appraisal process, and more training for appraisers and appraisees. (shrink)

Union security has long been an industrial relations controversy. While compulsory unionism supporters say it benefits the working class, right-to-work advocates denounce it as an unethical infringement of individual rights and freedom. Unfortunately, neither side has adequately addressed the shortcomings of their viewpoint, nor the broader worker concerns about effective representation beyond just "unionism". In this paper, we examine the ethical and practical problems of compulsory and voluntary unionism and propose a new resolution, compulsory proportional representation, that has the advantages (...) of: ensuring workers' freedom to associate or not associate, promoting freedom to contract, allowing free competition in representation in line with anti-trust principles, improving industrial peace and efficiency, enhancing fairness and social justice, and addressing the employer-employee power imbalance. It is superior to either voluntary unionism, which often lead to management unilateralism, or compulsory unionism, where workers are compelled to join unions against their will. (shrink)

The evidence suggests that employers discriminate against ex-offenders in the labour market. The problem is potentially serious as it involves a substantial proportion of the population, especially the male population. Since research has shown that most people with prior convictions stop offending by their late 20s or early 30s, the validity of selection based on criminal record remains questionable. This paper examines the need for legal protection of ex-offenders by limiting employers' access to, and use of, information on criminal background. (...) The rights and interests of the various parties involved, employers, ex-offenders, and the general public, are discussed. Approaches to the legal protection of ex-offenders in Australia are reviewed and legislative changes proposed. (shrink)

Three years before his death, Michel Foucault delivered a series of lectures at the Catholic University of Louvain that until recently remained almost unknown. These lectures—which focus on the role of avowal, or confession, in the determination of truth and justice—provide the missing link between Foucault’s early work on madness, delinquency, and sexuality and his later explorations of subjectivity in Greek and Roman antiquity. Ranging broadly from Homer to the twentieth century, Foucault traces the early use of truth-telling in ancient (...) Greece and follows it through to practices of self-examination in monastic times. By the nineteenth century, the avowal of wrongdoing was no longer sufficient to satisfy the call for justice; there remained the question of who the “criminal” was and what formative factors contributed to his wrong-doing. The call for psychiatric expertise marked the birth of the discipline of psychiatry in the nineteenth and twentieth centuries as well as its widespread recognition as the foundation of criminology and modern criminal justice. Published here for the first time, the 1981 lectures have been superbly translated by Stephen W. Sawyer and expertly edited and extensively annotated by Fabienne Brion and Bernard E. Harcourt. They are accompanied by two contemporaneous interviews with Foucault in which he elaborates on a number of the key themes. An essential companion to _Discipline and Punish_, _Wrong-Doing, Truth-Telling_ will take its place as one of the most significant works of Foucault to appear in decades, and will be necessary reading for all those interested in his thought. (shrink)

On the basis of careful textual exegesis and philosophical analysis, and contrary to the received view, Mark R. Wheeler demonstrates that Aristotle presents and systematically explicates his definition of the essence of the truth in the Metaphysics. Aristotle states the nominal definitions of the terms "truth" and "falsehood" as part of his arguments in defense of the logical axioms. These nominal definitions express conceptions of truth and falsehood his philosophical opponents would have recognized and accepted in the context of (...) dialectical argument. On the basis of these nominal definitions, Aristotle develops his definitions of the essences of truth and falsehood--his "real" definitions of truth and falsehood. Aristotle's methodical exposition of his essential definitions of truth and falsehood in the Metaphysics serves as a well-developed example of how his philosophical inquiry starts with nominal definitions and ends with real definitions. Wheeler also argues for the novel claim that Aristotle defines the most fundamental kind of truth in terms of accurate measurement. Aristotle's metrical conception of truth serves as the theoretical basis for specifying the truth conditions of various assertions, for identifying the sorts of beings implicated in these truth conditions, and for explaining the nature of approximate truth and falsehood. Far from offering us a minimal account of truth, Wheeler shows how Aristotle offers us a sophisticated and metrical theory of truth. (shrink)

Current sociological theories appear to have lost their general persuasiveness in part because, unlike the theories of the ‘classical era’, they fail to maintain an integrated stance toward society, and the practical role that sociology plays in society. The authors explore various facets of this failure and possibilities for reconstructing sociological theories as integrated wholes capable of conveying a moral and political immediacy. They discuss the evolution of several concepts (for example, the social, structure, and self) and address the significant (...) disputes (for example, structuralism versus humanism, and individual versus society) that have dominated twentieth-century sociological thought. Their ideas and analyses are directed towards an audience of students and theorists who are coming to terms with the project of sociological theory, and its relationship with moral discourses and political practice. The authors of these essays are sociological theorists from the United States, the United Kingdom and Canada. They are all established, but not ‘establishment’ authors. The book contains no orthodoxies, and no answers. However, the essays do contribute to identifying the range of issues that will constitute the agenda for the next generation of sociological theorists. (shrink)

Let us begin with the simple observation that applied mathematics can be very tough! It is a common occurrence that basic physical principle instructs us to construct some syntactically simple set of differential equations, but it then proves almost impossible to extract salient information from them. As Charles Peirce once remarked, you can’t get a set of such equations to divulge their secrets by simply tilting at them like Don Quixote. As a consequence, applied mathematicians are often forced to pursue (...) roundabout and shakily rationalized expedients if any useful progress is to be made. Often these provisional and quasi-empirical procedures within applied mathematics loom large in motivating the “anti-realist” or “anti-unificationist” conclusions of Nancy Cartwright and allied authors. (shrink)

Freud’s famous essay “The ‘Uncanny’” is often poorly understood. In this paper, I clear up the popular misconception that Freud identifies all uncanny phenomena with the return of repressed infantile complexes by showing that he offers not one but two theories of the uncanny: “return of the repressed,” and another explanation that has to do with the apparent confirmation of “surmounted primitive beliefs.” Of the two, I argue that it is the latter, more often overlooked theory that faces fewer serious (...) objections and carries greater explanatory power in respect of the uncanny. (shrink)

This is one of those cases to which Dr. 8 oodhouse's remark applies with all its force, that a method which leads to true results must have its logic — H.S Smith (" On Some of the Methods at Present in Use in Pure Geometry," p. 6) A goodly amount of modern metaphysics has concerned itself, in one form or another, with the question: what attitude should we take in regard to a language whose semantic underpinnings seem less than certain? (...) Since much of standard English is surely of this type, many philosophers have felt driven to extreme and unpalatable resolutions — wholesale rejection of attractive logical rules, radical "antirealism", "minimalism" about truth, and so forth, Scientists, however, have long dealt with analogous foundational insecurities and, under the duress of practicality, have framed a set of shifting attitudes towards language and reasoning that seem far more commonsensical than the extreme positions to which pure philosophy has often been led. Following this lead, this essay will recommend a more nuanced approach to linguistic insecurity that is neither naively optimistic nor mired in the gloomy sloughs of antirealism. (shrink)

Stereological techniques allow biologists to create quantitative, three-dimensional descriptions of biological structures from two- dimensional images of tissue viewed under the microscope. For example, they can accurately estimate the size of a particular organelle, the total length of a mass of capillaries, or the number of neurons or synapses in a particular region of the brain. This book provides a practical guide to designing and critically evaluating stereological studies of the nervous system and other tissues. It explains the basic concepts (...) behind design-based stereology and how to get started. Also included are detailed descriptions of how to prepare tissue appropriately, perform pilot studies and decide on the appropriate sampling strategy, and account for phenomena such as tissue shrinkage. Numerous examples of applications of stereological methods that are applicable to studies of the central system and a wide variety of other tissues are explained. The book is therefore essential reading for neurobiologists and cell biologists interested in generating accurate representations of cell and tissue architecture. (shrink)

Together again for the first time, Marx and Durkheim join forces in the pages of Disintegration: Bad Love, Collective Suicide, and the Idols of Imperial Twilight for a dialectical exploration of the moral economy of neoliberalism, animated, as it is not only by the capitalist chase for surplus value, but also by an immortal vortex of sacred powers. Classical sociology and psychoanalysis are reconstituted within Hegelian social ontology and dialectical method that differentiates between the ephemeral and free and the eternal (...) and fixed aspects of modern life. (shrink)

In ancient China, a revered Taoist sage named Zhuangzi told many parables. In Existential Psychology and the Way of the Tao, a selection of these parables will be featured. Following each parable, an eminent existential psychologist will share a personal and scholarly reflection on the meaning and relevance of the parable for psychotherapy and contemporary life. The major tenets of Zhuangzi's philosophy are featured. Taoist concepts of emptiness, stillness, Wu Wei (i.e. intentional non-intentionality), epistemology, dreams and the nature of reality, (...) character building in the midst of pain, meaning and the centrality of relationships, authenticity, self-care, the freedom that can come from one's willingness to confront death, spiritual freedom, and gradations of therapeutic care are topics highlighted in this book. (shrink)

There is considerable likelihood that Gottlob Frege began writing his Foundations of Arithmetic with the expectation that he could introduce his numbers, not with sets, but through some algebraic techniques borrowed from earlier writers of the Gottingen school. These rewriting techniques, had they worked, would have required strong philosophical justification provided by Frege's celebrated "context principle," which otherwise serves little evident purpose in the published Foundations.

Artificial intelligence, the "science and engineering of intelligent machines", still has yet to create even a simple "Advice Taker" [McCarthy, 1959]. We have previously argued [Waser, 2011] that this is because researchers are focused on problem-solving or the rigorous analysis of intelligence (or arguments about consciousness) rather than the creation of a "self" that can "learn" to be intelligent. Therefore, following expert advice on the nature of self [Llinas, 2001; Hofstadter, 2007; Damasio, 2010], we embarked upon an effort to design (...) and implement a self-understanding, self-improving loop as the totality of a (seed) AI. As part of that, we decided to follow up on Richard Dawkins' [1976] speculation that "perhaps consciousness arises when the brain's simulation of the world becomes so complete that it must include a model of itself" by defining a number of axioms and following them through to their logical conclusions. The results combined with an enactive approach yielded many surprising and useful implications for further understanding consciousness, self, and "free-will" that continue to pave the way towards the creation of safe/moral autopoiesis. (shrink)

What can we learn about the nature of technology by studying practices of maintenance and repair? This volume addresses this question by bringing together scholarship from philosophers of technology working at the forefront of this emerging and exciting topic. -/- The chapters in this volume explore how attending to maintenance and repair can challenge and complement existing ways of thinking about technology focused on use and design and introduce new philosophical perspectives on the relationship between technology, time and human practice. (...) They examine the significance of maintenance and repair practices at different scales in relation to a diverse range of philosophical traditions and a wide variety of technologies, from urban infrastructure such as bridges and buildings to data technologies such as servers and software systems. Together, the contributions highlight common themes in the philosophical study of maintenance, including the role of skill, the significance of social values and the potential of these practices to transform the technologies to which they are applied. By reflecting on the different ways in which we keep technologies going, from the devices we use in our homes to the large technical systems which surround us, this volume reveals the philosophical significance of practices of maintenance, not only as a source of new insights but also as a resource for enriching our understanding of a variety of existing topics in philosophy. -/- Maintenance and Philosophy of Technology will appeal to scholars and advanced students working in philosophy of technology, philosophy of engineering and science & technology studies. (shrink)

This two volume Handbook contains chapters on the main areas to which Post-Keynesians have made sustained and important contributions. These include theories of accumulation, distribution, pricing, money and finance, international trade and capital flows, the environment, methodological issues, criticism of mainstream economics and Post-Keynesian policies. The Introduction outlines what is in the two volumes, in the process placing Post-Keynesian procedures and contributions in appropriate contexts.

This two volume Handbook contains chapters on the main areas to which Post-Keynesians have made sustained and important contributions. These include theories of accumulation, distribution, pricing, money and finance, international trade and capital flows, the environment, methodological issues, criticism of mainstream economics and Post-Keynesian policies. The Introduction outlines what is in the two volumes, in the process placing Post-Keynesian procedures and contributions in appropriate contexts.

This article draws attention to the origins, forms, and implications of “toxic discourse” as a genre central to the understanding of the public sphere in business in society.RachelCarson'sSilentSpringis used as a pivotal cultural document establishing “toxic discourse” as an ongoing form of moral narrative rooted in the rationality of counterpublics. Toxic discourse is framed within a center/periphery model in which toxic discourse gains salience in periods of economic dislocation and uncertainty. In these periods, toxic discourse draws together those on the (...) periphery or counterpublics who otherwise would not unite in their opposition to the center. The article critically examines how stakeholder theory, despite making sense of the public sphere for agents of organizations, glosses counterpublics and relegates toxic discourse, as evident in the “Occupy Movement,” to the ephemeral role of temporary, disruptive protest groups with very little of substance to communicate. (shrink)

This chapter addresses some basic ethical questions about psychological operations. It defines PSYOP, then compares and contrasts it with both conventional military activities and contemporary information warfare. Then it briefly clarifies emerging public policy problems, outlines relevant legal particularities, and offers general policy considerations with regard to ethical considerations in its employment.

It is time to bring the rich resources of these traditions into the contemporary debate about the nature of self. This volume is the first of its kind.

The concept of epistemic injustice is the latest philosophical tool with which to try to theorise what goes wrong when mental health service users are not listened to by clinicians, and what goes right when they are. Is the tool adequate to the task? It is argued that, to be applicable at all, the concept needs some adjustment so that being disbelieved as a result of prejudice is one of a family of alternative necessary conditions for its application, rather than (...) a necessary condition all on its own. It is then argued that even once adjusted in this way, the concept does not fit well in the area where the biggest efforts have been made to apply it so far, namely the highly sensitive case of adult patients suffering from delusions. Indeed it does not serve the interests of service users struggling for recognition to try to apply it in this context, because there is so much more to being listened to than simply being believed. However, the concept is found to apply smoothly in many cases where the service users are children, for example, in relation to children’s testimony on the efficacy of treatment. It is suggested that further research would demonstrate the usefulness of the concept in adult cases of a similar kind. There are no data in this work. (shrink)

The paper develops an attack on quasi-realism in ethics, according to which expressivism about ethical discourse—understood as the thesis that the states that discourse expresses are non-representational—is consistent with some of the discourse's familiar surface features, thus ‘saving the ethical appearances’. A dilemma is posed for the quasi-realist. Either ethical discourse appears, thanks to those surface features, to express representational states, or else there is no such thing as its appearing to express such states. If the former then, by expressivism, (...) the appearance presented by ethical discourse is false, so the ethical appearances are not saved. If the latter, it is unintelligible why an appeal to projection should be needed to explain how the surface features come to express non-representational states if no explanation is needed—as evidently none is—to explain how they come to express representational states. The conclusion of this argument is then argued to converge with some other considerations which show that there is no gap between ethical discourse's possessing the surface features in question and its expressing representational states. (shrink)

Taylor focuses on the dramatic presentation of time and self at each state of Kierkegaard's dialectic of the stages of existence.

The paper concerns two familiar lines of inquiry. One, stemming from a neo-Aristotelian naturalism associated with Foot and others, asks whether we can derive human excellences from what humans need in order to be some way. The second asks whether virtue is a kind of health, and vice a kind of illness. The first is often seen as a failure to the extent that the list of characteristics derived by this approach does not include familiar moral virtues. However, it is (...) argued that the concept of human excellence is many-layered, so the fact that the approach may not succeed for moral virtues does not show that it is no good for anything. Moreover, the kinds of psychological characteristic derived by a liberalized version of Foot’s approach may also help to give non-trivial answers to the second, Platonic, line of inquiry. (shrink)

Occupy Wall Street is best understood, I would suggest, as a new form of political as opposed to civil disobedience that fundamentally rejects the political and ideological landscape that has dominated our collective imagination in this country since before the cold war. Civil disobedience accepts the legitimacy of the political structure and of our political institutions but resists the moral authority of the resulting laws. It is “civil” in its disobedience—civil in the etymological sense of taking place within a shared (...) political community, within the classical Latin framework of civilitas, within an art of civil government. Civil disobedience accepts the verdict and condemnation that the civilly disobedient bring upon themselves. It respects the legal norm at the very moment of resistance and places itself under the sanction of that norm. If it resists the legal sanction that it itself entails, it is, in effect, no longer truly civil disobedience. As Martin Luther King, Jr. wrote in “Letter from Birmingham City Jail,” “an individual who breaks a law that conscience tells him is unjust, and willingly accepts the penalty by staying in jail to arouse the conscience of the community over its injustice, is in reality expressing the very highest respect for law.” Civil disobedience does not aim to displace the law-making institutions or the structure of legal governance but rather to challenge the governing laws by demonstrating their injustice.Political disobedience, by contrast, resists the very way in which we are governed. It rejects the idea of honoring or expressing the “highest respect for law.” It refuses to willingly accept the sanctions meted out by the legal and political system. It challenges the conventional way that political governance takes place, that laws are enforced. It turns its back on the political institutions and actors who govern us all. It resists the structure of partisan politics, the traditional demand for policy reforms, the call for party identification, and, beyond that, the very ideologies that have dominated the postwar period. (shrink)

[Michael Smith] The requirements of instrumental rationality are often thought to be normative conditions on choice or intention, but this is a mistake. Instrumental rationality is best understood as a requirement of coherence on an agent's non-instrumental desires and means-end beliefs. Since only a subset of an agent's means-end beliefs concern possible actions, the connection with intention is thus more oblique. This requirement of coherence can be satisfied either locally or more globally, it may be only one among a number (...) of such requirements on an agent's total set of desires and beliefs, and it has no special connection with reasoning. An appreciation of these facts leads to a better understanding of both the nature and the significance of instrumental rationality. /// [Edward Harcourt] I argue that the incoherence Smith claims to identify in agents who desire that q, believe that p is a necessary means to q, but fail to desire that p is illusory, since it rests on the false assumption that every property I know to be possessed by an object of my desire is an object of my desire. Though the failure of Smith's account of the irrationality of this pattern of attitudes leaves it open that the pattern is indeed irrational, I argue that there are instances of it that are not irrational where the desires are desires for what the agent knows to be impossible for him. This conclusion casts doubt on the overall strategy-that of making a Humean theory of action explanation do duty as a theory of instrumental rationality-which implies that the norms of instrumental rationality apply to desires simply as such. I then try to criticise the strategy in such a way as to leave the Humean theory of action explanation unaffected. (shrink)

In this essay I explore the economic, social, environmental and cultural changes taking place in Bolsena, Italy, where agricultural livelihoods have rapidly diminished in the last two decades. I examine how gender dynamics have shifted with the changing values and livelihoods of Bolsena through three women’s narratives detailing their gendered experiences of environment, community and self. I reflect on these changes with Sabrina, who is engaged in a feminist community-based organization; Anna, who is running an alternative wine bar; and Isabella, (...) a jeweler, who is engaged in ecofeminist practices. My analysis is based on concepts developed by feminist political ecology: specifically, the theory of rooted networks from Dianne Rocheleau, Donna Haraway’s concept of naturecultures (and the work of J. K. Gibson-Graham on new economic imaginaries emerging from the politics of place. I aim to think with, reflect upon and provoke from the “otherwise”, taking into account the lived relations entwining nature and gender. My article looks at the interconnections of gender, environment and livelihoods, attentive to the daily needs, embodied interactions and labours of these three women as part of a reappropriation, reconstruction and reinvention of Bolsena’s lifeworld. By listening to the stories of their everyday lives and struggles, I show the dynamic potential of the politics of place and the efforts to build diverse economies and more ethical economic and ecological relationships based on gender-aware subjectivities and values. (shrink)