ABSTRACTThis paper draws on interviews with 57 corporate finance lawyers working from global law firms based in the City of London. Drawing on this data, we highlight common themes of taking deals at ‘face value’, being the lawyer-technician who uses the law to effect his client’s wishes, and not ‘pushing’ ethics. We suggest that there is an apathy – a lack of concern or interest – about ethics on the part of corporate lawyers. This apathy stems from various sources. It (...) is linked to assumptions about the sorts of clients that large law firms are willing or not willing to act for, and assumptions about the ‘right sort of people’ the firm hires and retains; it is linked to strong notions of role morality; and it is founded on the classic legal ethics ‘standard conception’ principles of neutrality and non-accountability. Our data also highlights a lack of ethical infrastructures in large firms, and a lack of ethical leadership from law firm partners for the associates and trainees working for them. (shrink)

ABSTRACTAt its core, corporate social responsibility concerns the impacts of businesses on their surroundings. Despite their significant economic and geographic presence, and despite the varied disciplinary and conceptual lenses used to study CSR, there is very little existing work looking at law firms and their own CSR policies. This paper fills part of that gap. In August 2014, we reviewed the websites of the top 100 English law firms, as ranked by the trade publication The Lawyer. We were interested in (...) public disclosures made by those law firms on CSR. These were widespread. The majority of the top 100 firms say something to the wider world about CSR. However, what is said varies significantly. This is, perhaps, unsurprising. What is more surprising is that so few firms explain why they are committed to CSR. Where firms do make disclosures on CSR, these tend to group around the following three areas: pro bono and community giving; (ii... (shrink)

ABSTRACTThis paper explores professional identity formation and the increasing differentiation and fragmentation of the corporate end of the legal profession through a consideration of onshoring, t...

In this article, we look at the contested role of in-house lawyers in regulated organisations in the financial sector. A recent Financial Conduct Authority consultation on whether to designate the head of legal of banks, insurance companies and other financial firms as ‘Senior Managers’ and the decision which flowed from it, reflected a flawed view of lawyers as a neutral technocracy of mere legal technicians; we show how the FCA’s decision is potentially damaging to the public interest and failed to (...) take into account that in-house lawyers are often important decision-makers and influencers within their organisations. We put the case for an alternative view; that in-house lawyers are professionals, with agency that requires them to act in accordance with ethical norms and means they should be made more accountable for their conduct. (shrink)

It has been claimed that Massimi’s recent perspectival approach to science sits in tension with a realist stance. I shall argue that this tension can be defused in the quantum context by recasting Massimi’s perspectivalism within a phenomenological framework. I shall begin by indicating how the different but complementary forms of the former are manifested in the distinction between certain so-called ‘-epistemic’ and ‘-ontic’ understandings of quantum mechanics, namely QBism and Relational Quantum Mechanics, respectively. A brief consideration of Dieks’ perspectivism (...) will then lead to a consideration of the much-maligned and typically dismissed role of the observer in the measurement process. This opens the door to London and Bauer’s presentation of a form of ‘phenomenological quantum perspectivalism’ that brings together Massimi’s two forms and explicitly eschews the ‘naïve’ realism that creates the above tension. I shall conclude with some reflections on how intersubjectivity can still be established within this framework, focusing in particular on how Massimi’s idea of ‘interlacing’ scientific perspectives can be accommodated, using the example of a ‘new cosmopolitanism’ that gave rise to Bose-Einstein statistics. (shrink)

In the only two articles on the topic of which I am aware, Chad Carlson and Scott Aikin have leveled three objections against fantasy sports—namely, that participation in fantasy sports elicits...

Plato Plato (427-347 BC) is surely the most famous of all philosophers. Little is known of his early life, except that he was born into a noble Athenian ...

Weinberg's 1972 work, in his description, had two purposes. The first was practical to bring together and assess the wealth of data provided over the previous decade while realizing that newer data would come in even as the book was being printed. He hoped the comprehensive picture would prepare the reader and himself to that new data as it emerged. The second was to produce a textbook about general relativity in which geometric ideas were not given a starring role for (...) (in his words) too great an emphasis on geometry can only obscure the deep connections between gravitation and the rest of physics. (shrink)

The modal logician's notion of possible world and the computer scientist's notion of state of a machine provide a point of commonality which can form the foundation of a logic of action. Extending ordinary modal logic with the calculus of binary relations leads to a very natural logic for describing the behavior of computer programs.

Consciousness is one of the most significant scientific problems today. Renewed interest in the nature of consciousness - a phenomenon long considered not to be scientifically explorable, as well as increasingly widespread availability of multimodal functional brain imaging techniques (EEG, ERP, MEG, fMRI and PET), now offer the possibility of detailed, integrated exploration of the neural, behavioral, and computational correlates of consciousness. The present volume aims to confront the latest theoretical insights in the scientific study of human consciousness with the (...) most recent behavioral, neuroimaging, electrophysiological, pharmacological and neuropathological data on brain function in altered states of consciousness such as: brain death, coma, vegetative state, minimally conscious state, locked-in syndrome, dementia, epilepsy, schizophrenia, hysteria, general anesthesia, sleep, hypnosis, and hallucinations. The interest of this is threefold. First, patients with altered states of consciousness continue to represent a major clinical problem in terms of clinical assessment of consciousness and daily management. Second, the exploration of brain function in altered states of consciousness represents a unique lesional approach to the scientific study of consciousness and adds to the worldwide effort to identify the "neural correlate of consciousness". Third, new scientific insights in this field have major ethical and social implications regarding our care for these patients. (shrink)

The value of Colin Wilson as an original philosopher - and more.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Leviathan after 350 YearsSharon VaughanTom Sorell and Luc Foisneau, editors. Leviathan after 350 Years. Oxford: Clarendon Press, 2004. Pp. x + 308. Cloth, $74.00The editors introduce this collection as a testament to the continuing importance of Leviathan in political thought. Divided into three parts, these twelve essays are some of the papers presented at a May 2001 conference to mark the 350th anniversary of Leviathan's publication. Readers might (...) expect a discussion about Leviathan's endurance and relevance as a fundamental text of political philosophy, but this is not the book's main thrust. Instead, the authors engage in a discussion concerning some of the most provocative and controversial questions about Leviathan. Much of the debate centers on how one should interpret it, forcing readers not only to reconsider crucial parts of Hobbes's philosophy, but also the act of interpretation.Part one examines the place that Leviathan holds among Hobbes's political writings. Karl Schumann argues that one should not think of Leviathan as a radical departure from De Cive and that it did not mark the culmination of Hobbes's development as a political philosopher (14). Schumann's essay is not convincing because he effectively points out the consequential ways that Leviathan is distinct. Ted H. Miller suggests, "Leviathan's uniqueness is rooted in its poetic-philosophical innovations"(103). He points out that David Johnston, Quentin Skinner, and others have stressed the significance of its rhetorical style. Miller, however, proposes that it was the context and the company that Hobbes kept during this time that influenced his writing style. Kinch Hoekstra suggests that Hobbes is an unusual de facto theorist and Luc Foisneau believes that Leviathan is unique because of its theory of justice.Part two is devoted to investigating passions and politics in Leviathan. Richard Tuck believes that Hobbes's political philosophy is utopian because it demands a radical transformation of humans as passionate beings. Tuck says that while the Leviathan provides citizens with security, "they are also going to live a life without pride, their sense of their own individual importance reduced to nothing in the face of their commonwealth" (138). Tuck's essay stands in contrast to Tom Sorrell's analysis of the burdens on the sovereign. He concludes that he must be an individual with little, if any, regard for his own ambitions and passions (196). What one is left with is a Hobbesian version of a philosopher king who has his personal appetites in check always looking out for what benefits his subjects. Is [End Page 210] there any guarantee that the sovereign will be non-egotistical and public-spirited? No, because the sovereign has absolute freedom. Sorrell believes, however, that it is in the sovereign's best interest to be unselfish if she is to maintain her sovereignty (193).Quentin Skinner analyzes the classical theory of laughter, relating it to Hobbes's complicated views about it. Political agency in Leviathan is Yves Zarka's topic. It seems that the citizen is merely a subject, but Zarka cautions that one must carefully read the text and remember that certain rights are inalienable. How far one may take what Zarka interprets as the "the right of resistance" remains a debatable question (182). He believes that one might rethink Leviathan as a more complex piece of political philosophy by practicing "back-to front reading" as opposed to a direct-method reading of the text (182). Zarka thinks that citizens may have a more complex and passionate role than commonly thought (182). This is an alluring suggestion, but it is difficult to accept in light of Hobbes's preoccupation with security and obedience.The role of biblical and political authority is the theme for part three. Edwin Curley argues that Hobbes's treatment of covenants with God was possibly a vehicle for him to arouse skepticism about Christianity among his readers. A. P. Martinich rejects Curley's claim and concludes that not only does his argument fail on grounds of logic, but also it requires far too much "reading between the lines" (223). Martinich's analytic rigor and his attention to the process of interpretation raise serious doubts about Curley... (shrink)

Dynamic algebras combine the classes of Boolean (B 0) and regular (R ; *) algebras into a single finitely axiomatized variety (B R ) resembling an R-module with scalar multiplication . The basic result is that * is reflexive transitive closure, contrary to the intuition that this concept should require quantifiers for its definition. Using this result we give several examples of dynamic algebras arising naturally in connection with additive functions, binary relations, state trajectories, languages, and flowcharts. The main result (...) is that free dynamic algebras are residually finite (i.e. factor as a subdirect product of finite dynamic algebras), important because finite separable dynamic algebras are isomorphic to Kripke structures. Applications include a new completeness proof for the Segerberg axiomatization of prepositional dynamic logic, and yet another notion of regular algebra. (shrink)

This article draws on the concept of “performance” to argue for greater recognition of preexisting practices in the configuration of users. Through an Australian case study of a computer-based dairy decision-support system introduced via a two-day workshop to participating farmers, the article examines the assembling of imputed farmer users in the design of the software. It then explores how the designer and trainers attempt, through the decision-support system, to mobilize their network and align the imputed user with farmers' preexisting performances. (...) The case study highlights that attempts to make workable on-farm the “new” performances of users inscribed in the software are highly contingent on farmers' preexisting knowledge practices. These “old” performances problematize the designer's and trainers' version of imputed users and contribute to partial translation of the decision-support system. A focus on performance is argued to provide a useful starting point in mapping the effects of preexisting knowledge practices on attempts to enroll users in technosocial programs. (shrink)

This paper promotes a philosophy derived from the direct distribution of goods to needs that occur in mothering and invisibly in many other aspects of life. Such a philosophy is suggested as an alternative to market based values, which currently permeate society. It is important to bring alternative values to consciousness and validate them for both teachers and children so that the orientation towards the other that characterizes the gift paradigm will not be lost in the fight for survival endemic (...) to a market society. The hope is that we can find solutions that are viable for all. After presenting this philosophy, we show how it already exists among educators and children, and we suggest ways in which it may be validated and promoted in early childhood education. (shrink)

This article explores the work-arounds through which an Enterprise Resource Planning software system is implemented within an Australian University. We argue that while resistance is significant, the process of working around a technology can have ambiguous effects in terms of how users—in this case academics—are governed and govern themselves. Drawing upon Andrew Barry’s Foucauldian-inspired work on ‘‘technological zones,’’ we show how attempts to work-around the ERP contributed to the creation of an alternative technological zone based on cultural discourses of academic (...) freedom aimed at resisting the standardized programs of action inscribed within the university-wide ERP. However, we demonstrate also that these work-arounds resulted in a partial convergence with the university’s advanced liberal objectives of going online to become a globally competitive university. We conclude that more research needs to be conducted into the multiple and ambiguous effects of work-arounds in the practice of governing. (shrink)

M. Clifford-Vaughan; VII—Social Change and Legal Norms, Proceedings of the Aristotelian Society, Volume 67, Issue 1, 1 June 1967, Pages 103–110, https://doi.org.

Purpose – The purpose of this paper is to investigate the internal structure of Gandhi's ethics as a way to determine opportunities for improving that system's ability to influence behavior. In this paper, the author aims to work under the idea that a system of ethics is a guide for social responsibility. -/- Design/methodology/approach – The data source is Gandhi's set of ethics as described by Naess. These simple (primarily quantitative) studies compare the concepts within the code of ethics, and (...) their relationships to one another. -/- Findings – Gandhi's ethics are robust at the 0.25 level (the scale is zero to one – zero is lowest). This is consistent with theories of the social sciences (that do not work well in practice). Gandhi's success might be ascribed to his leadership ability. -/- Research limitations/implications – Some suggest this approach is reductionist because of its superficial similarity to approaches of physical science. The implications for research are profound. First, this approach provides an objective method for comparing (and so, advancing) systems of ethics. Second, this paper suggests the opportunity to compare the internal structure of ethics with “external” aspects – the implementation of ethical systems. -/- Practical implications – By itself, Gandhi's system of ethics cannot be reliably applied in practice - it cannot be expected to change behavior more than any other system of ethics. This raises concerns about other ethical codes as well. The practical implications of the form of analysis presented in this paper are immense because it provides a way for practitioners to objectively compare two codes of ethics and determine which one will be more effective. -/- Originality/value – The approach documented in the paper has never been applied to the field of ethics. It is unique in that it addresses the “internal” structure of a system of ethics (compared to the “external”, or application, of ethical systems). (shrink)

Are liberalism and perfectionism compatible? In this study Steven Wall presents and defends a perfectionist account of political morality that takes issue with many currently fashionable liberal ideas but retains the strong liberal commitment to the ideal of personal autonomy. He begins by critically discussing the most influential version of anti-perfectionist liberalism, examining the main arguments that have been offered in its defence. He then clarifies the ideal of personal autonomy, presents an account of its value and shows that (...) a strong commitment to personal autonomy is fully compatible with an endorsement of perfectionist political action designed to promote valuable pursuits and discourage base ones. (shrink)

When creating theory to understand or implement change at the social and/or organizational level, it is generally accepted that part of the theory building process includes a process of abstraction. While the process of abstraction is well understood, it is not so well understood how abstractions “fit” together to enable the creation of better theory. Starting with a few simple ideas, this paper explores one way we work with abstractions. This exploration challenges the traditionally held importance of abstracting concepts from (...) experience. That traditional focus has been one-sided—pushing science toward the discovery of data without the balancing process that occurs with the integration of the data. Without such balance, the sciences have been pushed toward fragmentation. Instead, in the present paper, new emphasis is placed on the relationship between abstract concepts. Specifically, this paper suggests that a better theory is one that is constructed of concepts that exist on a similar level of abstraction. Suggestions are made for quantifying this claim and using the insights to enable scholars and practitioners to create more effective theory. (shrink)