All 24 secondary schools in a West Midlands local education authority were visited and a structured interview was conducted with the head or another senior teacher. An interview schedule was used to record details concerning the rule structure which had been established to control the conduct of the pupils. Information was also gathered about the sanctions and rewards used to maintain this behaviour and from most schools copies of the rules were available. It was found that almost all (...) schools had rule systems that were in written form and that these were made available to staff and students, chiefly through booklets or other material given to pupils when they first enrolled. All schools backed up their rules, whether written or not by a series of sanctions, most of which related to non?conforming behaviour. Some sanctions were applied to poor work but this was usually treated by special provision or special tutoring. Most also used rewards but these tended to be reserved for good performance. There were few cases where good behaviour was found to be rewarded systematically in any way. (shrink)

ABSTRACT:Organizations adopt formal sanctioning systems to deter ethical violations, but the formal systems’ effectiveness may be undermined by informal sanctioning systems which promote violations. I conducted an ethnographic study of six trading crowds on two financial exchanges to understand how informal and formal sanctioning systems, which are grounded in different interpretations of equity, interact to affect trader deviance from rules established by the financial exchange (exchange deviance). To deter informal trader norms that conflict with exchange rules, the exchanges formally prohibit (...) traders’ informal sanctions. The exchanges, however, underestimate traders’ informal sanctions related to ostracism and social rejection, which are not only difficult for the exchanges to detect, but also interpersonally hurtful and harmful to trader performance. Consequently, the traders’ informal social sanctions lead to secondary sanctions from trading firms. Ultimately, the informal sanctioning system evades the formal sanctioning system by exploiting what the exchanges deem to be minor rule violations. (shrink)

Summary Twenty?four primary schools were randomly selected from all those listed in a local education authority in the West Midlands of England. Heads or deputy headteachers of 21 of these schools were interviewed using a structured interview schedule very similar to the one used for a recent survey of secondary schools. Data were obtained about the general rule structures of the schools and the system of sanctions and rewards used to maintain them. The findings were then compared with (...) those from the secondary survey. Primary schools were less likely than secondary schools to have written rule structures but most were in the process of producing them in response to new pressures. It was more common for all the teachers in the primary school to be considered responsible for seeing that rules were kept. Generally, primary school headteachers identified fewer sanctions being used to uphold their rules than in secondary schools. The number of rewards used in both types of school was about equal. Comment is made on the difference between sanctions and rewards identified as being used in schools and some observed classroom practice. (shrink)

As part of the roundtable “Economic Sanctions and Their Consequences,” this essay examines unilateral coercive measures. These types of sanctions are applied outside the scope of Chapter VII of the United Nations Charter, and were developed and refined in the West in the context of the Cold War. Yet the eventual collapse of the Berlin Wall did not herald the demise of unilateral sanctions; much to the contrary. While there are no incontrovertible data on the extent of (...) these measures, one can safely say that they target in some way a full quarter of humanity. In addition to being a major attack on the principle of self-determination, unilateral measures not only adversely affect the rights to international trade and to navigation but also the basic human rights of innocent civilians. The current deterioration of the situation, with the mutation of embargoes into blockades and impositions on third parties, is a threat to peace that needs to be upgraded in strategic concern. (shrink)

Cambodia’s GDP contributed 0.03 percent of the world economy. Cambodia economy has grown around seven percent. Cambodia’s economy was led by growth in garment exports. Cambodia’s economy was related with other countries through exports and imports. The Trump administration has imposed visa sanctions against Cambodia and likely to make economic sanction on Cambodia. To understand the potential impact of the sanction, a research into “Potential Impact of Foreign Sanction on Cambodia’s Economy” has been proposed. Two research objectives were (1) (...) to analyze potential impacts of foreign investment in Cambodia and (2) to analyze potential impacts on employment of Cambodians. This research focuses only trade sanction that limits or potential restriction of textile, clothing and footwear export from Cambodia to EU and US as independent that would potentially impact on seven independent variables including garment and footwear valued added to GDP, Cambodia’s exports, products exported to US and EU, worth of textile, clothing and footwear exports, garment and footwear investment factories, employments in garment and footwear, workers’ wages in garment factories and footwear factories. The secondary data was collected. The data was collected from varied sources. After the data and information collected, data entry was done into MS excel. The descriptive statistics like table and bar-charts were used for this research. The research found out that Cambodia’s economy was likely to be negatively impact from EU’s and US’s sanctions on Cambodia. The impacts included reduction of GDP value, potential loss of Cambodia export of textile, closure of garments and footwear factories, unemployment and loss of workers’ incomes in textile, clothing factories and footwear factories. There are some recommends: maintaining good relation with EU and US, exploring new markets of garments and footwear products, exploring impact of the close of visa of some top government officials to US on Cambodia’s economy, the impacts of products imported from EU on Cambodia. The more studies on other scenario of sanction on Cambodia and indirect impact and impacts of foreign aid reduction or withdrawal on Cambodia’s economy should be done. (shrink)

As the era or racial and ethnic separateness (apartheid) in South Africa moves further into the annals of history, the new era of integration is being steadily entrenched. While apartheid was internationally condemned and popularly opposed inside the country, a laissez faire type of integration is gradually replacing this system of social rigidity. Apartheid was an exaggerated form of political, economic and social insulation that forbade racial intermingling and sanctioned the existence of separate amenities and living spaces through legislation (Group (...) Areas Act of 1950). However abhorrent apartheid was, it should not be construed that the majority of people had a natural aversion for maintaining social boundaries and a natural inclination to intermingle. In reality, people in all kinds of heterogeneous situations have a proclivity towards demonstrating bonds that emerge out of a sense of “sameness”, as demonstrated in a wide range of literature. (shrink)

Ontic structural realism is a thesis of fundamentality metaphysics: the thesis that structure, not objects, has fundamental status. Claimed as the metaphysic most befitting of modern physics, OSR first emerged as an entreaty to eliminate objects from the metaphysics of fundamental physics. Such elimination was urged by Steven French and James Ladyman on the grounds that only it could resolve the ‘underdetermination of metaphysics by physics’ that they claimed reduced any putative objectual commitment to a merely ‘ersatz’ form of realism. (...) Few, however, have joined French and Ladyman either in acknowledging that such underdetermination exists or in attributing to it such drastic consequences. However, an alternative view that physics does sanction objects, albeit merely as ontologically secondary entities, represents a different and seemingly less extreme route to the same conclusion regarding the fundamentality of structure. But since what it means to be ‘ontologically prior’ is itself a vexed philosophical question, a stance must be taken as to how we are to understand priority before its prospects may be evaluated. In an earlier paper, I outlined how Fine’s notion of ontological dependence might be utilized to defend the priority-based approach to structuralism. Since then, however, I have become convinced that that ontological dependence is not a relation of priority after all. As a result, the arguments outlined in that paper stand in need of reassessment. In this work, I consider the prospects for priority-based structuralism when expressed in the idiom of determination. My conclusion will be that it has yet to be vindicated by our best physical theories, owing to the failure of symmetry structures to determine the world’s inventory of fundamental kinds. Nevertheless, the same symmetry considerations point towards there being renewed prospects for eliminativism—an eliminativism, moreover, of more naturalistic appeal than that hitherto associated with OSR. 1Introduction 2Structuralist Strategies 3Defining Ontological Priority: Dependence or Determination? 4Structuralism in the Idiom of Determination 4.1Determining plurality 4.2Determining kind properties 5A Reinvigorated Eliminativism. (shrink)

Cet article s’intéresse au problème de la maintenance, c’est-à-dire au moment où les membres d’un collectif social tentent d’assurer dans le temps l’existence de leur collectif en instituant des règles pour réguler leurs comportements. Ce problème se pose avec acuité lorsque certains membres ne respectent pas ces règles communes. Pour maintenir la coopération sociale, les membres peuvent décider d’instituer des règles secondaires visant à sanctionner les transgressions des règles primaires déjà établies. La maintenance d’un collectif peut ainsi reposer sur l’émergence (...) de pouvoirs déontiques qui donnent aux membres l’autorité de légitimement punir et expulser les transgresseurs. Mais d’où viennent ces règles ? On peut penser qu’elles émergent des émotions éprouvées par les membres envers les transgresseurs. Je le démontre à l’aide d’une étude de cas qui établit que, dans le collectif Occupy Geneva, l’institutionnalisation de normes pour punir, exclure et réintégrer les déviants s’ancraient respectivement dans l’indignation, le mépris et le pardon. -/- This article focuses on the problem of maintenance; that is the moment when the members of a social collective attempt to ensure the existence of their collective over time by instituting rules to regulate their behavior. This problem becomes critical when certain members do not respect the common rules. To maintain social cooperation, members can decide to institute secondary rules aimed at sanctioning the transgressions of the already established primary rules. The maintenance of a collective can thus rely on the emergence of deontic powers that give members the authority to legitimately punish and expel transgressors. But where do these rules come from? The hypothesis is that they emerge from the emotions felt by the members towards the transgressors. I show this with the help of a case study, which establishes that the institutionalization of norms allowing the punishment, the exclusion, and the reintegration of deviants within the “Occupy Geneva” collective, was grounded in indignation, contempt, and forgiveness respectively. (shrink)

Adequate epistemic justification is best conceived as the appearance, over time, of knowledge to the subject. ‘Appearance’ is intended literally, not as a synonym for belief. It is argued through consideration of examples that this account gets the extension of ‘adequately justified belief’ at least roughly correct. A more theoretical reason is then offered to regard justification as the appearance of knowledge: If we have a knowledge norm for assertion, we do our best to comply with this norm when we (...) express as assertions only beliefs that appear to us to be knowledge. If we are doing our best, there is little point in further sanctions. So a norm of knowledge for assertion would lead to a secondary norm of justified belief as the appearance of knowledge, marking a point at which our assertions may be corrected but should not be blamed. (shrink)

Subjective rights enjoy limited import in Kelsenian theory for whereas the concept of duty underlies every legal norm, that of rights is merely possible and only emerges when the imposition of the sanction attached to the breach of the duty is made dependent upon a subject's will to bring legal action. The presence of secondary norms establishing certain duties of medical professionals on informed consent displays the existence of correlative reflex rights of patients. Yet, together with secondary norms, (...) Western legal systems typically institute norms of competence enabling patients to take legal action when those duties correlative to their reflex right to informed consent have been infringed. Thus, informed consent constitutes a set of subjective legal positions of patients and medical professionals. Despite its excessive formalism and questionable neutrality, the Kelsenian approach permits to define and clearly distinguish patients' genuine rights from mere aspirations devoid of legal basis. (shrink)

Health research increasingly relies on organized collections of health data and biological samples. There are many types of sample and data collections that are used for health research, though these are collected for many purposes, not all of which are health-related. These collections exist under different jurisdictional and regulatory arrangements and include: 1) Population biobanks, cohort studies, and genome databases 2) Clinical and public health data 3) Direct-to-consumer genetic testing 4) Social media 5) Fitness trackers, health apps, and biometric data (...) sensors Population biobanks, cohort studies, and genome databases Clinical and public health data Direct-to-consumer genetic testing Social media Fitness trackers, health apps, and biometric data sensors Ethical, legal, and social challenges of such collections are well recognized, but there has been limited attention to the broader societal implications of the existence of these collections. Although health research conducted using these collections is broadly recognized as beneficent, secondary uses of these data and samples may be controversial. We examine both documented and hypothetical scenarios of secondary uses of health data and samples. In particular, we focus on the use of health data for purposes of: Forensic investigations Civil lawsuits Identification of victims of mass casualty events Denial of entry for border security and immigration Making health resource rationing decisions Facilitating human rights abuses in autocratic regimes Forensic investigations Civil lawsuits Identification of victims of mass casualty events Denial of entry for border security and immigration Making health resource rationing decisions Facilitating human rights abuses in autocratic regimes Current safeguards relating to the use of health data and samples include research ethics oversight and privacy laws. These safeguards have a strong focus on informed consent and anonymization, which are aimed at the protection of the individual research subject. They are not intended to address broader societal implications of health data and sample collections. As such, existing arrangements are insufficient to protect against subversion of health databases for non-sanctioned secondary uses, or to provide guidance for reasonable but controversial secondary uses. We are concerned that existing debate in the scholarly literature and beyond has not sufficiently recognized the secondary data uses we outline in this paper. Our main purpose, therefore, is to raise awareness of the potential for unforeseen and unintended consequences, in particular negative consequences, of the increased availability and development of health data collections for research, by providing a comprehensive review of documented and hypothetical non-health research uses of such data. (shrink)

Offering a cautionary tale about the abuses of paradigm‐shift rhetoric in secondary school reforms, the paper shows potential misuses and ethical effects of the relativistic language‐game in post‐compulsory education. Those initiating the shift often shelter their reform from the criticism of non‐adepts, marginalizing expert teachers that adhere to ‘antiquated’ or ‘folk’ pedagogies. The rhetoric herds educators uncritically into the citadel of new discourses and policies that often lack practical foundations; consequently, teachers often dissimulate compliance to the reform in order (...) to evade surveillance within such disciplinary apparatuses as teacher training and regimes of inspection. Turning to Foucault, the author views education reforms in terms of power relations within a form of governance: ‘games of truth’, or political and veridical discourses in which dividing practices for sorting out ‘sound’ and ‘unsound’ teaching practices become institutionalised. Wittgenstein's attention to initiate training in practices points to an alternative to naïve forms of relativism; educators must incorporate the new techniques they gradually master and adapt within a viable, shared form of life. Instead of teachers’ normalization and subjugation in what Foucault refers to as education ‘blocks’, new pedagogic practices are better adopted ‘freely’ as arts of self‐transformation. With Hacking, Foucault and Wittgenstein's accounts of the true‐and‐false are blended into an ‘historical ontology’ of present and emergent paradigms: a critique of the limits set down within education reforms that sanction or legitimize certain conduct. Sympathetic to the journal call, this kind of philosophical investigation and genealogical critique of teaching practices gives us a perspicuous view of the local, contingent and at times arbitrary nature of change initiatives. Critical awareness of how our pictures (models) of education can captivate us heightens respect for professional eclecticism. Without ignoring the mandates and official scripts of public education reforms, experienced educators need to be able to conserve their tried and warranted ‘best practices’, while negotiating ranges of tolerance for alternative means. (shrink)

Recent developments in Hungary and Poland have made democratic backsliding a major issue of concern within the European Union. This article focuses on the secondary agents that facilitate democratic backsliding in Hungary and Poland: the European People’s Party, which has continually protected the Hungarian Fidesz government from EU sanctions, and the Hungarian ruling party Fidesz, which repeatedly promised to block any EU-level sanctions against Poland in the Council. The article analyses these agents’ behaviour as an instance of (...) transnational complicity and passes a tentative judgment as to which of the two cases is normatively more problematic. The analysis has implications for possible countervailing responses to democratic backsliding within EU member states. (shrink)

This bibliography is the most comprehensive compilation of Jacques Rancière's published works to date. It is not intended, however, to be the definitive catalogue of his intellectual output. In the first instance, it does not include works and interviews published in languages other than French and English. Some publications, particularly shorter works in French periodicals, have not been included, and a few of the more obscure publications listed below have been confirmed only through their appearance in secondary sources. Unpublished (...) materials, such as the rapidly expanding collection of sanctioned and unsanctioned videorecordings of Rancière's lectures available online, have not, with a few notable exceptions, been included. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:74. RULE-UTILITARIANISM AND HUME'S THEORY OF JUSTICE One of the striking features of Hume's theory of justice is the narrowness of the range of judgments it is designed to illumine. For Hume the paradigms of judgments of justice are judgments about particular actions, not judgments about laws or institutions or states of affairs. Moreover, the characterization of actions as just or unjust is possible according to Hume only in (...) a certain kind of legal context - namely when questions arise about the conformity of conduct to a certain class of legal rules, those which comprise the law of property. In such contexts, actions are said to be just if they are in accordance with property rules and unjust if they are contrary to them. Of particular interest is the exclusion of judgments about the law - and in particular judgments about property rules - from the class of judgments of justice. Hume recognizes, of course, that we often have occasion to evaluate rules of law, including the rules which make up the law of property. When such judgments have to be made, however, it is never their justice or injustice which is in question for Hume. The fact that he often refers to the rules of property as "rules of justice" may seem to be inconsistent with this view, but it is not. When Hume refers to property rules in this way, it is not because he wishes to signify that the rules themselves satisfy some principle of justice, but rather because he conceives of them as embodying our criteria for the making of judgments about the justice of particular acts. Property rules cannot be viewed as "rules of justice" in this sense without satisfying some supralegal standard of acceptability. But the standard in quesrtion is social utility, not justice. Property rules qualify as "rules of justice", then, not because they are just but rather because they serve the public interest. Like some contemporary rule-utilitarians, Hume expressly disallows the question whether particular acts of 75. justice are socially useful. Or rather, to be more accurate, he claims that the disutility of particular acts sanctioned by property law counts neither against their being regarded as "acts of justice" nor against recognition of the obligation to perform them. Neither the characterisation of particular actions as "just" nor the stringency of the obligation to perform them is affected by the discovery that they might have to be said not to be in the public interest if attention were to be concentrated on the special circumstances of their performance. The reason is that it is a mistake, Hume thinks, for such acts to be viewed in isolation from other similar acts. Rather they must be seen as forming part of a scheme or system - a scheme or system which, taken in its entirety, serves the public interest. Hume's theory of justice thus embodies an unusually neat distinction between questions of justice and questions of social utility. When questions of justice are allowed to arise which is when the justice of particular acts is to be determined - questions of social utility do not arise. And when questions of social utility are allowed to arise - as they do when property rules have to be evaluated - questions of justice do not arise. Despite the sharp distinction he draws between justice and utility, Hume's theory of justice is clearly a utilitarian one. It is indeed a veritable prototype of the kind of theory now dubbed "rule-utilitarian". As such it has obvious attractions for would-be utilitarians, if it can be made to work. It would enable utilitarians to offer an account of judgments of justice in terms of rules enjoying the status of secondary principles of morality. Justice judgments could be represented as a special sub-class of moral judgments and the principles regulating them as subordinate to, and derivable from, the principle of utility. The vexed question of the relation between justice and utility would thereby be resolved without challenge to the assumption that they are different values and also without 76. abandonment of the claim that the principle of utility is the only underivative moral principle. By contrast, utilitarians for whom the... (shrink)

Offering a cautionary tale about the abuses of paradigm‐shift rhetoric in secondary school reforms, the paper shows potential misuses and ethical effects of the relativistic language‐game in post‐compulsory education. Those initiating the shift often shelter their reform from the criticism of non‐adepts, marginalizing expert teachers that adhere to ‘antiquated’ or ‘folk’ pedagogies. The rhetoric herds educators uncritically into the citadel of new discourses and policies that often lack practical foundations; consequently, teachers often dissimulate compliance to the reform in order (...) to evade surveillance within such disciplinary apparatuses as teacher training and regimes of inspection. Turning to Foucault, the author views education reforms in terms of power relations within a form of governance: ‘games of truth’, or political and veridical discourses in which dividing practices for sorting out ‘sound’ and ‘unsound’ teaching practices become institutionalised. Wittgenstein's attention to initiate training in practices points to an alternative to naïve forms of relativism; educators must incorporate the new techniques they gradually master and adapt within a viable, shared form of life. Instead of teachers’ normalization and subjugation in what Foucault refers to as education ‘blocks’, new pedagogic practices are better adopted ‘freely’ as arts of self‐transformation. With Hacking, Foucault and Wittgenstein's accounts of the true‐and‐false are blended into an ‘historical ontology’ of present and emergent paradigms: a critique of the limits set down within education reforms that sanction or legitimize certain conduct. Sympathetic to the journal call, this kind of philosophical investigation and genealogical critique of teaching practices gives us a perspicuous view of the local, contingent and at times arbitrary nature of change initiatives. Critical awareness of how our pictures of education can captivate us heightens respect for professional eclecticism. Without ignoring the mandates and official scripts of public education reforms, experienced educators need to be able to conserve their tried and warranted ‘best practices’, while negotiating ranges of tolerance for alternative means. (shrink)

For too long, criminal law scholars overlooked immigration-based offences. Claims that these offences are not ‘true crimes’ or are a ‘mere camouflage’ to pursue non-criminal law aims deflect attention from questions concerning the limits of criminalization and leave unchallenged contradictions at the heart of criminal law theory. My purpose in this paper is to examine these offences through some of the basic tenets of criminal law. I argue that the predominant forms of liability for the most often used immigration offences (...) are, at least in principle, controversial and depart from what is often presented as the paradigm in criminal law. Above all, immigration offences are objectionable because they fall short in fulfilling the harm principle and, given that criminal punishment as used against immigration offenders is often a secondary, ancillary sanction to deportation, they license excessive imposition of pain. (shrink)

In this paper, I examine alternative feminist activism and social movements in Egypt by analyzing BuSSy. BuSSy is a performance art group that hosts storytelling workshops and monologues of taboo and “shameful” personal stories that challenge societal and state-sanctioned normative discourses on femininity/womanhood and masculinity/manhood. Drawing on transnational feminist scholarship and queer theory and using collective memory as a lens, I argue that BuSSy’s storytelling is an act of airing Egypt’s dirty laundry, queering normative discourses to enable feminist counter-memorializing. Based (...) on content analysis of secondary data including BuSSy’s published interviews, YouTube videos, website and Facebook images, and testimonies from 2006 to 2020, my analysis reveals BuSSy as curating an “archive of feelings” centralizing gendered narratives of shame. I examine how BuSSy’s affectively contagious storytelling leads to feminist social change by empowering storytellers and listeners. BuSSy’s works create cathartic experiences to shed stigma and shame. Finally, I reconceptualize feminist activism and collective memories outside of the 2011 Egyptian revolution and contribute to the literature on shame by analyzing how BuSSy identifies and counters shame’s silencing power. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.4 (2001) 585-587 [Access article in PDF] Chumaru Koyama, editor. Nature in Medieval Thought: Some Approaches East & West. Studien und Texte zur Geistesgeschichte des Mittelalters. Leiden: Brill, 2000. Pp. xiv + 183. Cloth, $65.00. The subtitle of this volume is misleading. The Japanese scholars represented (Koyama, Y. Iwata, and B. R. Inagaki) were all trained in Western medieval philosophy and are highly (...) respected medievalists. None of the Western contributors is an expert on Eastern philosophy. Even readers familiar with Japan will be hard pressed to find anything characteristically Eastern in any of the contributions.In the forward provided by the editor and in a preface written by W. Kluxen, we are informed that the volume was the product of two international conferences. Western [End Page 585] and Eastern experts on medieval philosophy were assembled to discuss the problem of "how each human being and humanity as a whole will handle nature in the future" (viii). Both Koyama and Kluxen assume that medieval Europeans conceived essential features of the understanding of "nature" now common to the whole world.Judging from the essays in the book, we conclude that the volume represents a beginning. There are connections between some of the essays, but the question remains: can the medieval view of nature offer us guidance on how to deal with our environmental crises? In general, one might expect a congenial relationship between ancient Western organic views and Japanese intuitions about nature. Nevertheless, compromise characterizes technological decision-making in both cultures. The challenge posed by radical environmentalists is the adequacy altogether of anthropocentric environmental ethics to save the planet.The essay by Iwata offers an interpretation of natural teleology that is compatible with mechanism and hypothetical necessity. Iwata suggests that art that pursues its own ends and not as an imitation of nature can be the source of environmental crises. Two papers by Kluxen on ethics, nature, and natural law acknowledge major transformations in the Middle Ages, and the challenge he poses is how to reintegrate reason and nature. K. Riesenhuber challenges recent accounts that claim to find in some twelfth-century authors an autonomous interest in nature. While nature as a discipline did not achieve autonomy in the twelfth century, Riesenhuber detects the stirrings of independence, but knowledge of nature remained subordinate to knowledge of God. L. Honnefelder suggests that guidance for our treatment of nature may lie in developing new models for the combination of the Platonic technomorphic with the Aristotelian biomorphic paradigm. Inagaki's paper on original sin and human nature adopts a stance that conforms to the Judeo-Christian tradition of the human break with nature. Whatever the source of that disintegration, the problem described in this way requires first a healing of human nature. The paper by M. M. Adams considers John Duns Scotus's revision of final causality. Scotus distinguished between the perfection of the being that a thing constitutes and the explanatory function of that achievement. On this account, Scotus revised the analysis to secure one sense in which Goodness explains being. The paper provides an example of the sorts of transformations in the medieval view suggested by several of the other contributors.C. Steel's paper questions the assumptions about the connection between medieval and modern conceptions of nature. Steel adopts a more comprehensive historical perspective. Flawed by its selective reliance on secondary literature, the paper nonetheless represents an important effort to understand our current dilemma from a historical perspective. Steel challenges L. White, Jr.'s now famous claim about the Christian roots of our ecological crisis. Steel overlooks White's appeals to Christian traditions at variance with Christian dualism and to the use of the Bible in the seventeenth century to sanction the study of science as a means to master nature. Steel takes up the vexed question of continuity or discontinuity between medieval philosophy of nature and seventeenth-century science. In the end Steel falls on the side of continuity, yet in a way that can be expressed only dialectically! That is to say, medieval commentaries on... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:85, LEGAL OBLIGATION IN HUME There is one aspect of the thought of David Hume that seems to me to be important and topical, especially if considered in relation to two reductionist and dogmatic tendencies that are still noticeable in the general theory of law. By dogmatic I understand conceptions that are insufficiently founded on experience. The first of these two dogmatic tendencies is the emphasis placed on the (...) notion of sanction which is viewed by some as prevailing over the concept of obligation to the point of absorbing it within itself. Law is that which the superior bodies of the dominant class impose. This doctrine has been affirmed even recently. But the master example is given by Bentham. To say that a man has the obligation to behave in a certain way is equivalent to saying that if he does not behave so, he will experience pain (or the absence of pleasure). Legal sanction is the source from which this pain comes. Thus Bentham goes so far as to say that pain is constitutive of 2 obligation in all its forms. This seems to be contrary to experience and common sense. In fact, one can observe a legal obligation independently of the consideration of the consequences inherent in its violation. For this and other reasons the doctrinal tendency to give prevalence to the notion of sanction over the notion of obligation does not take account of experience and is dogmatic. Against this dogmatism one observes even today that the concept of an obligation that arises from a constriction, the concept 3 of Zwangspflicht, is a contradictio in adjecto. Nevertheless, in order to avoid the contradiction inherent in the prevalence of sanction over obligation and the dependence of law on political power and on the power of those who command, it is easy to fall into a second and opposite dogmatism. This second dogmatism consists in affirming the existence of fundamental legal obligations deducible from a priori principles understood platonically 86. as Ol·(fO- T"*) WVXt\S and as vision of the mind. But demonstrative reason, so understood, is determined exclusively through relations of ideas which, in Hume's opinion, cannot themselves constitute legal obligation. A legal system requires modifications and limitations to the passions and interests of individuals. As is well known, Hume argues that a passion and an interest cannot be modified by selfevident rational principles. No criterion that is deducible from demonstrative reason can function as a guide to human behaviour. Now between the two dogmatisms to which I have referred, Hume represents a third way on the basis of experience and of common sense. The advantage offered by Hume's thought is that of showing both the distinction between and the complementary nature of legal obligation and sanction. In what follows I shall discuss what I consider to be the kernel of Hume's legal theory as contained in his conception of human nature, setting aside secondary elements that do not directly concern the subject proposed. First: A legal system is not conceivable without setting up fundamental legal rules which, in Hume's opinion are the rules of justice. Consequently, the discussion of law implies the discussion of justice. And the discussion of justice is part of legal theory. Here I restrict my consideration to the obligations that are expressed by fundamental legal rules which are: stability of possession transference of possession by consent, and performance of promises. We know that, according to Hume, such rules cannot be derived from demonstrative or a_ priori reason but are revealed to empirical knowledge. Second: Hume distinguishes between the setting up of legal obligation and the moral evaluation of the legal obligation. In order to grasp the peculiarity of legal obligation as compared with moral evaluation, I refer here to the constitution of legal obligation. In order to understand the third book of the Treatise, it is in my 87. opinion absolutely necessary to take into account the distinction between the setting up of the legal obligation and its moral evaluation. Third: The obligations expressed in fundamental legal rules do not arise through a natural inclination but by artifice or by convention. The concept of artifice implies in Hume... (shrink)

This study investigates the effect of individual auditors from more religious hometowns on audit quality, utilizing social identity and social norm theories via a sample of Turkish companies listed on the Borsa Istanbul and their associated individual auditors between the years 2010 and 2019. The sample includes a unique hand-collected dataset and secondary data gathered from various sources. The main findings demonstrate that individual auditors from more religious hometowns provide higher quality audit work in terms of the magnitudes of (...) discretionary accruals, audit reporting aggressiveness, and the presence of small profits. In order to overcome potential endogeneity and selection problems, this study employs the Heckman two-stage estimation procedure, instrumental variables, system generalized methods of moments regressions, and propensity score matching-difference and differences method. The results of these additional tests also support the main results. When controlled for the religiosity levels of the province where clients operate and the religiosity levels of the province where individual auditors attended and graduated from universities, the results remain similar. The employment of alternative audit firm size and quality proxies also provides additional supportive evidence. The findings are robust when alternative variables of interest and alternative audit quality measures, such as sanction and restatement, are employed in the main models. (shrink)

Mill's conception of justice involves honoring individual rights. Our most important rights are to basic liberties, rather than liberty per se, and to conditions essential for preserving equality of opportunity. He defends these liberal rights by appeal to their role in realizing our capacities for self‐governance, which are constitutive of our nature as progressive beings. Mill does not recognize nonderivative natural rights; he thinks rights have a utilitarian foundation. But he recognizes both direct and indirect forms of reconciling utility and (...) rights. Though his indirect reconciliation is potentially problematic, his direct reconciliation is more promising. (shrink)

J.L. Mackie insists that ordinary evaluative thought presents itself as a matter of sensitivity to aspects of the world. And this phenomenological thesis seems correct. When one or another variety of philosophical non-cognitivism claims to capture the truth about what the experience of value is like, or (in a familiar surrogate for phenomenology) about what we mean by our evaluative language, the claim is never based on careful attention to the lived character of evaluative thought or discourse. The idea is, (...) rather, that the very concept of the cognitive or factual rules out the possibility of an undiluted representation of how things are, enjoying, nevertheless, the internal relation to 'attitudes' or the will that would be needed to count as evaluative. On this view the phenomenology of value would involve a mere incoherence, if it were as Mackie says--a possibility that then tends (naturally enough) not to be so much as entertained. But, as Mackie sees, there is no satisfactory justification for supposing that the factual is, by definition, attitudinatively and motivationally neutral. This clears away the only obstacle to accepting his phenomenological claim; and the upshot is that non-cognitivism must offer to correct the phenomenology of value, rather than give an account of it. -/- In Machie's view the correction is called for. In this paper I want to suggest that he attributes an unmerited plausibility to this thesis, by giving a false picture of what one is committed to if one resists it. (shrink)

I here press an often overlooked question: Why does the fairness of a sanction require an adequate opportunity to avoid it? By pressing this question, I believe I have come to better understand something that has long puzzled me, namely, what philosophers (and others) might have in mind when they talk about “true moral responsibility,” or the “condemnatory force” of moral blame, or perhaps even “basic desert.” In presenting this understanding of “condemnation” or of “basic desert,” I am presenting an (...) idea that I do not, myself, endorse—one to which I am, myself, opposed. I present and defend it, hoping that, if what I say accurately captures what people have in mind, it will also show how condemnation or desert, in this sense, can be left behind. (shrink)

Economic sanctions are envisaged as a sort of punishment, based on what should be an institutional decision not unlike a court ruling. Hence, the conditions for their lifting should be clearly stated and once those are met sanctions should be lifted. But this is generally not what happens, and perhaps is precluded by the very nature of international sanctioning. Sanctions clearly have political, economic, military and strategic consequences, but the question raised here is whether sanctions can (...) also have moral justification. Illustrated by the example of international sanctions against Yugoslavia, the authors show how the process of escalating demands on a target country, inherent to the very process of sanctioning, can lead ultimately even to overt aggression. As a result of this logic of escalation, economic sanctions cannot be articulated properly in any law-like system. Economic sanctions have much more in common with war than legal punishment, and in fact represent a form of siege. As such, they cannot be ended simply on the basis of their initial rationale, for the very process of sanctions implementation opens up possibilities for setting new goals and a continuous redefinition of the goal that sanctions are seen to have. (shrink)

Since 2022, the EU, US, and other nations have imposed medical sanctions on Russia to block the export of pharmaceuticals and medical devices and curtail clinical trials to degrade Russia’s military capabilities. While international law proscribes sanctions that cause a humanitarian crisis, an outcome averted in Russia, the military effects of medical sanctions have been lean. Strengthening medical sanctions risks violating noncombatant and combatant rights to healthcare. Each group’s claim is different. Noncombatants and severely injured soldiers (...) who cannot return to duty enjoy the right to adequate health care that sanctions cannot undermine. Combatants falling captive enjoy the same medical care that adversaries provide their own troops. Combatants yet to renounce hostilities, however, have no claim to medical attention and remain subject to sanctions. Nevertheless, medical sanctions prove unworkable in this complex environment of conflicting rights and command no place in a sustainable sanction regime. (shrink)

The paper is aimed at providing general outlines of the more than two-century history of the theory of moral sanctions. It rests on a thesis about unity of all disciplines studying morality. The aim of the paper has been achieved trough an analysis of how some basic concepts were borrowed and basic ideas were transformed. The first tradition links moral sanctions with public condemnation. Some of its adherents simply identified public condemnation with moral sanction. This opinion prevailed until (...) the middle of the XXth century. Later it was suggested that a sanction becomes genuinely moral only when a transgressor herself is sensitive to condemnation because she recognizes that she deserves it and feels shame, guilt or remorse. It means that an external side of the sanction has to be complemented by an internal one. The first tradition presupposes a deep and thorough analysis of an external side of the moral sanction, i.e. various forms of sanctioning behavior (avoidance, censure, denunciation, reproach, scolding etc.) The second tradition was initiated by J.S. Mill and H. Sidgwick, it includes among moral sanctions the very negative emotions of self-appraisal. For adherents of this tradition, model and most important moral sanctions are internal: guilt and remorse. Characteristics of internal (autonomous) and external (heteronomous) sanctions were established in the XXth century anthropology. Later this distinction became current in the contemporary ethics. (shrink)

This article examines when economic sanctions should be imposed on liberal democracies that violate democratic norms. The argument is made from the social-liberal standpoint, which recognises the moral status of political communities. While social liberals rarely refer to the use of economic sanctions as a pressure tool, by examining why they restrict military intervention and economic aid to cases of massive human rights violations or acute humanitarian need, the article is able to show why they are likely to (...) impose strong restrictions on the use of economic sanctions as well. After reconstructing the social-liberal case against economic sanctions, the article develops the argument that liberal democracies have reasons to support sanctions on other liberal democracies, even when they perpetrate injustices on a smaller scale. Liberal democracies share especially strong ideological, cultural and institutional bonds, and these peer group relations open them to mutual influence. When one liberal democracy commits serious injustices while still proclaiming allegiance to the democratic ethos, it can adversely affect the vitality of the democratic culture in those other liberal democracies with which it maintains close relations. Other liberal democracies therefore have the right and the obligation to condemn this behaviour, in order to preserve their allegiance to their values. The article defends the use of economic sanctions in light of some recent critiques, and concludes by providing an overall assessment of the factors which liberal democracies ought to take into account when they consider imposing economic sanctions on other liberal democracies. (shrink)

We investigate the regulatory sanctions imposed on independent directors for their firms’ financial frauds in China. These regulatory sanctions are prima-facie evidence of significant lapses in business ethics. During the period 2003–2010, 302-person-time independent directors were penalized by the regulator, and the two stock exchanges. We find that the independent directors with accounting experiences are more likely to be penalized by the CSRC, though they do not suffer more severe penalties than do the other sanctioned independent directors. We (...) also find that independent directors suffer less severe penalties than do the insider directors. These results are consistent with the hypothesis that the sanctions on independent directors are tied to their assumed ethical and legal responsibilities. Following a regulatory sanction, penalized independent directors experience a significant decline in the number of other board seats held. However, they can gain board seats in better quality firms. We find that interlocked firms that share penalized independent directors with the fraud firm do not suffer from a valuation decline. Overall, our results suggest that regulatory sanctions have not triggered further sanctions on the penalized directors in the labor market but they have, instead, created a disincentive for these directors to serve on the company boards of high-risk firms. (shrink)

The ArgumentIn its reconstruction of scientific practice, philosophy of science has traditionally placed scientific theories in a central role, and has reduced the problem of mediating between theories and the world to formal considerations. Many applications of scientific theories, however, involve complex mathematical models whose constitutive equations are analytically unsolvable. The study of these applications often consists in developing representations of the underlying physics on a computer, and using the techniques of computer simulation in order to learn about the behavior (...) of these systems. In many instances, these computer simulations are not simple number-crunching techniques. They involve a complex chain of inferences that serve to transform theoretical structures into specific concrete knowledge of physical systems. In this paper I argue that this process of transformation has its own epistemology. I also argue that this kind of epistemology is unfamiliar to most philosophy of science, which has traditionally concerned itself with the justification of theories, not with their application. Finally, I urge that the nature of this epistemology suggests that the end results of some simulations do not bear a simple, straightforward relation to the theories from which they stem. (shrink)

Chapter Introduction. Syntactic focus theory and the phenomenon of secondary predication The primary goal of this monograph is to examine the interaction of ...

Mill's discussion of ‘the internal sanction’ in chapter III of Utilitarianism does not do justice to his understanding of internal sanctions; it omits some important points and obscures others. I offer an account of this portion of his moral psychology of motivation which brings out its subtleties and complexities. I show that he recognizes the importance of internal sanctions as sources of motives to develop and perfect our characters, as well as of motives to do our duty, and (...) I examine in some detail the various ways in which these sanctions give rise to motivating desires and aversions. (shrink)

There is a strong pull to the idea that there is some metaphysically interesting distinction between the fully real, objective, observer‐independent qualities of things as they are in themselves, and the less‐than‐fully‐real, subjective, observer‐dependent qualities of things as they are for us. Call this (putative) distinction the primary/secondary quality distinction. The distinction between primary and secondary qualities is philosophically interesting because it is (a) often quite attractive to draw such a distinction, and (b) incredibly hard to spell it (...) out in any kind of satisfying and sensible way. I attempt such a spelling‐out after first trying to pin down in more detail what we want from the primary/secondary quality distinction, and saying a bit about why that is such a hard thing to get. (shrink)

Despite triggering one of the largest civilian death tolls in modern history, the policy and human consequences of economic sanctions on Iraq between 1990-2003 remain largely unexamined. This lack of scrutiny mirrors the euphemism and mis-information surrounding the embargo itself and the Oil-for-Food program ostensibly adopted to protect Iraq's civilian population. But it also reflects incomprehension among Western publics - long removed from the realities of hunger and economic destitution - of the intimate link between economic conditions and mortality. (...) Iraq suffered an estimated 1.5 million excess deaths because of a catastrophic undermining of civilian livelihood triggered by the embargo; an outcome termed slow famine in the demographic literature. With much of the population fully dependent on daily food rations of less than 21 cents per person for much of the sanctions period, OfF `relief' was inherently incapable of substituting for a functioning civil economy. Recent positive accounts of the impact of OfF, in the form of the Independent Inquiry Committee into the Oil-for-Food Program, are refuted by close analysis of malnutrition and mortality rates across the sanctions period. The example of Iraq reveals the danger in treating economic sanctions as a cheap, `non-violent' tool for conflict resolution. In reality their deadly power is terrorizing for societies not protected from their application by permanent member status on the UN Security Council, a threat which continues to generate global insecurity. The Iraq experience reveals how current, narrowly framed, international law prohibitions on starvation as a weapon of war need to be extended to cover interference with civilian livelihood and hence access to food. (shrink)

There are considerable difficulties with targeted sanctions. Some of these difficulties may be resolved as these measures continue to be refined. Others are rooted in fundamental conflicts between competing interests or intractable logistical challenges.

This article looks at some major goals that have been set for sanctions and evaluates how effective sanctions have been at reaching those goals. It also examines the costs of sanctions, i.e., the impact on civilians and on international support for sanctions.

High propensities to form coalitions and to negotiate and prevent conflict escalation may be found in monkeys as in great apes. However, there is no evidence that non-human primate communities intend to suppress individual power that grows too strong. Qualifying as protomoral those abilities needed to keep low the dominance gradient is not useful. When communication about social norms appeared in some hominids, it would not have been limited to sanctions against domination.

Up until recently, most legal philosophers have argued that an action is a token of sanctioning if, and only if, (i) its performance brings about unwelcome consequences to the targets, and (ii) it is performed as a response to the breach of a duty. In this paper I take issue with this account. I first add some qualifications to it in order to present it in its most plausible form. After doing this, I advance a series of hypothetical cases which (...) suggests that this account fails. I then propose a new account of sanctioning, whereby an action is a token of sanctioning if, and only if, it is performed in an appropriate context and is apt for punishing wrongdoers. (shrink)

At least since Athenian trade sanctions helped to spark the Peloponnesian War, economic coercion has been a prominent tool of foreign policy. In the modern era, sovereign states and multilateral institutions have imposed economic sanctions on dictatorial regimes or would-be nuclear powers as an alternative to waging war. They have conditioned offers of aid, loans, and debt relief on recipients’ willingness to implement market and governance reforms. Such methods interfere in freedom of trade and the internal affairs of (...) sovereign states, yet are widely used as a means to advance human rights. But are they morally justifiable? -/- Drawing on human rights theories, theories of justifiable harm, and examples such as IMF lending practices and international sanctions on Russia and North Korea, Fabre offers a defense of economic statecraft in some of its guises. An empirically attuned work of philosophy, Economic Statecraft lays out a normative framework for an important tool of diplomacy. (shrink)

Sanctions such as those applied by the United Nations against Yugoslavia, or rather the actions of implementing and maintaining them, at the very least implicitly purport to have moral justification. While the rhetoric used to justify sanctions is clearly moralistic, even sanctions themselves, as worded, often include phrases indicating moral implication. On May 30, 1992, United Nation Security Council Resolution 757 imposed a universal, binding blockage on all trade and all scientific, cultural and sports exchanges with Serbia (...) and Montenegro. In addition to expressing the usual "concern' and "dismay" regarding various events, the language of this Resolution also includes, on three occasions, unmistakably moral language "deploring" failures in meeting the demands of earlier resolutions.' There is no question that sanctions have political, economic, military and trategic consequences for the sanctioned state, perhaps exactly as desired by the sanctioning party. However, the question raised in this essay is whether in addition to these consequences, sanctions also produce morally reprehensible consequences that undermine their often-cited moral justification. If so, international economic sanctions are an immoral means of achieving primarily political goals. Six morally significant consequences are: 1) The unethical, elevated susceptibility of the sanctioned to olitical (and other forms of) manipulation, 2) the inherent and unjust paternalism in the process of sanctioning, 3) the abandonment of strict moral criteria on virtually all levels of evaluation, primarily inside the sanctioned country, but also in sanctioning states best exhibited in the attitudes toward the sanctioned, 4) the general decline in moral consciousness, 5) the subsequent rise of many forms of violence within the sanctioned state in connection with the increase in lawlessness, and a general decline of expectations in all areas of life, and 6) the continual, arbitrary redefining of conditions for a final lifting of sanctions. In light of this moral phenomenology we shall argue that sanctions, lacking in moral justification, are simply a means for achieving the mentioned immoral goals. Furthermore, the argument will be that sanctions are a form of siege and, as such, an act of war, requiring the sort of justification that would be needed to justify a war. (shrink)

Although risky decision-making has been posited to contribute to the maladaptive behavior of individuals with psychopathic tendencies, the performance of psychopathic groups on a common task of risky decision-making, the Iowa Gambling Task (IGT; Bechara, Damasio, Damasio, & Anderson, 1994), has been equivocal. Different aspects of psychopathy (personality traits, antisocial deviance) and/or moderating variables may help to explain these inconsistent findings. In a sample of college students (N = 129, age 18–27), we examined the relationship between primary and secondary (...) psychopathic features and IGT performance. A measure of impulsivity was included to investigate its potential as a moderator. In a joint model including main effects and interactions between primary psychopathy, secondary psychopathy and impulsivity, only secondary psychopathy was significantly related to risky IGT performance, and this effect was not moderated by the other variables. This finding supports the growing literature suggesting that secondary psychopathy is a better predictor of decision-making problems than the primary psychopathic personality traits of lack of empathy and remorselessness. (shrink)

A revision of papers originally presented at a public symposium on The legitimation of evil held by the Wright Institute. Bibliography: p. 361-374.

Secondary education around the world has been significantly disrupted by covid-19. Students have been forced into new ways of independent learning, often using remote technologies, but without the social nuances and direct teacher interactions of a normal classroom environment. Using data from the School Attitudes Survey—which surveys students regarding the perceived level of difficulty, anxiety level, self-efficacy, enjoyability, subject relevance, and opportunities for creativity with regards to each of their school subjects—this study examines students' responses to this disruption from (...) two very different schools with two very different experiences of the pandemic. This paper reports on the composite attitudinal profiles of students in the senior secondary levels at each school. The findings challenged our expectation that the increased difficulty and anxiety caused by the disruption would reduce perceived opportunities for creativity. Indeed, our analyses showed that the students at both schools demonstrated generally positive attitudes toward their learning and strongly associated opportunities for creativity with other attitudinal constructs including enjoyability, subject relevance, and self-efficacy. These complex associations made by the students appear to have buffered the impacts of the disruption, and they may even have supported creative resilience. (shrink)