Africa, before European colonization, knew no other form of legal system outside customary arrangements. Based on secondary sources and a primary survey conducted between 2009 and 2010 on the situation of women and land rights in anglophone Cameroon, this paper examines the grounds for discrimination in customary laws against women's rights to land in the context of legal pluralism, and discusses the implications of this custom of gender discrimination. In drawing from Cameroon as an exemplar, it concludes that the strong (...) influence and impact of customs on current land tenure systems have global implications on women's land rights, food security and sustainable development, and that gender equality in land matters can be possible only where the critical role of ethics is recognized in pursuit of the economic motive of land rights. (shrink)

In this article, we examine how the U.N. Convention on the Rights of the Child can be useful in pediatric bioethics. Adopted in 1989, the CRC reflects norms that have been deliberated upon for a long period of time and endorsed by most nations. The United States is now the only country that has not ratified the CRC.1 International human rights law shares many key moral concepts with clinical pediatric bioethics, and the CRC provides a considered language common to many (...) jurisdictions that can assist bioethicists in their daily practice and help health-care organizations in their policy development and international interactions. There may, however, be practical challenges with using the CRC in the practice of.. (shrink)

What kind of reference (if any) do terms such as “pencil,” “chair,” “television,” and so on have? On the matter, a de-bate between directly referential theorists and descriptiv-ist theorists is open. It is largely acknowledged that natural kind terms (such as “water,” “gold,” “tiger,” etc.) are directly referential expressions (cf. Putnam,1975). That is, they are expressions whose reference is determined by their refer-ents' nature, independent of whether we know or will ever know what this nature is. However, it does not (...) seem like-wise convincing that all artifactual kind terms (like “pen-cil,” “chair,” “television,” etc.) semantically behave the same. Terms for artifactual kinds seem more likely to be subjected to a descriptivist view, that is, definable not by links to their extensions' nature but in terms of conjunctions or clusters of properties. In his celebrated “The Meaning of ‘Meaning’” (1975), Hilary Putnam originated the mentioned debate by arguing that artifactual kind terms also refer directly. Thus, the discussion ultimately revolves around establishing whether artifactual and natural kind terms are both directly referential expressions. The authors engaged in this debate have tried to argue in favor of (or against) Putnam's proposal by highlighting the similarities (or differences) between nat-ural vis-à-vis artifactual kind words and their respective ref-erents. This paper aims to provide a thorough and reasoned overview of the debate at stake, pointing out trends and problems associated with each proposed account. (shrink)

Their treatment of such human rights political participation, freedom of conscience, and religious toleration demonstrate, Oh says, that Islam should have a ...

Not all scientific explanations work by describing causal connections between events or the world's overall causal structure. In addition, mathematicians regard some proofs as explaining why the theorems being proved do in fact hold. This book proposes new philosophical accounts of many kinds of non-causal explanations in science and mathematics.

Effects of globalization have amplified the magnitude and frequency of corporate abuses, particularly in developing economies where weak or absent rules undermine social norms and principles. Improving multinational enterprises’ (MNEs) ethical conduct is a factor of both the ability of firms to change behaviors in the direction of the moral good, and their willingness to do so. Constraints and enablers of a firm’s ability to act ethically emanate from the external environment, including the industry environment of which the firm is (...) a resident, and the host country environment in which it operates. A firm’s willingness to engage in ethical conduct is determined by the effective bundling of internal resources and the commitment of those resources to social ends. The interaction of external and internal conditions carves out categories of expected firm behaviors and suggests interventions that would push these behaviors in a more positive ethical direction. With reference to integrative social contracts theory (ISCT), these categories of firms are examined, and a conceptual model for analysis is developed to explain the drivers of corporate choices in the adoption and implementation of codes of conduct, and the relative power of relevant communities to the process. (shrink)

Effects of globalization have amplified the magnitude and frequency of corporate abuses, particularly in developing economies where weak or absent rules undermine social norms and principles. Improving multinational enterprises’ (MNEs) ethical conduct is a factor of both the ability of firms to change behaviors in the direction of the moral good, and their willingness to do so. Constraints and enablers of a firm’s ability to act ethically emanate from the external environment, including the industry environment of which the firm is (...) a resident, and the host country environment in which it operates. A firm’s willingness to engage in ethical conduct is determined by the effective bundling of internal resources and the commitment of those resources to social ends. The interaction of external and internal conditions carves out categories of expected firm behaviors and suggests interventions that would push these behaviors in a more positive ethical direction. With reference to integrative social contracts theory (ISCT), these categories of firms are examined, and a conceptual model for analysis is developed to explain the drivers of corporate choices in the adoption and implementation of codes of conduct, and the relative power of relevant communities to the process. (shrink)

The received view of Martin Heidegger’s work is that he leaves little room for reason in the practice of philosophy or the conduct of life. Citing his much-scorned remark that reason is the “stiff-necked adversary of thought”, critics argue that Heidegger’s philosophy effectively severs the tie between reason and normativity, leaving anyone who adheres to his position without recourse to justifying reasons for their beliefs and actions. Transcending Reason is a collection of essays by leading Heidegger scholars that challenges this (...) view by exploring new ways to understand Heidegger’s approach to the relationship between reason, normativity, and the philosophical methodology that gives us access to these issues. The volume points to Heidegger’s novel approach to reason understood in terms of what he calls Dasein’s ‘transcendence’—the ability to occupy the world as a space of normatively structured meanings in which we navigate our striving to be. By examining the strengths and weaknesses of this new and innovative take on Heidegger’s philosophy, this collection considers the possibility that he does not sever but rather reconceives the relation between reason and normativity. -/- . (shrink)

Hermann Cohen (1842-1918) -- Franz Rosenzweig (1886-1929) -- Martin Buber (1878-1965) -- Leo Strauss (1899-1973) -- Emmanuel Lévinas (1906-1995).

Philosophy Compass, Volume 17, Issue 9, September 2022.

This paper aims to produce a defense of the ethical significance of Confucian ritual. An adequate defense must explain how these conventions are based in a culturally-neutral, objective ground. After a brief account of how Confucians view the relationship between rituals and moral goodness, I consider three sorts of justification. Mencian naturalism appeals to a conception of flourishing that is grounded in human nature. Xunzian consequentialism looks to how ritual brings about social order. I argue that both of these approaches (...) fail because they are unable to account for the normative fineness of rituals, which refers to the precision and detail of ritual propriety. Instead, I look to Xunzi for a justification of rituals in terms of their role in beautifying human nature. I argue that this view provides a sort of objective ground for ritual, while also preserving their normative fineness. I conclude with remarks on how Xunzian aestheticism may be useful for understanding other areas of moral life. (shrink)

The commentaries on the Ethica nova and the Ethica vetus written by some masters of the arts – presumably operating in the Paris faculty – in the first half of the thirteenth century expound in an original way the doctrine of the virtutes consuetudinales which Aristotle, at the end of the first book of his Ethica (I 13), distinguishes into the two main classes of the “moral virtues” and the “intellectual virtues”. The present paper aims at highlighting the particularly important (...) task which is assigned to the intellectual virtues in these early commentaries: joining man to God directly, through a contemplation which becomes love. The masters of the arts maintain that the moral virtues, in spite of the definition given by Aristotle (habitus a quo quis bonus est et opus eius bene reddit), are not sufficient alone to bring man to perfection, but that other more perfect virtues, namely the intellectual ones, are needed in order to make him know and love the supreme good. Having no knowledge of the sixth book of the Ethica, in which Aristotle deals in particular with the intellectual virtues, our masters know only their general description and are concerned with clarifying their relationships with the moral virtues, compared to which they appear to be sometimes really distinct and sometimes united to them in sharing the recta ratio, so much that they may constitute a double virtue. Although the masters of the arts seem to be well-informed about the teaching of the theologians – which they often cite without opposing to it, albeit stressing their own philosophical point of view –, it is significant that no reference whatsoever is made by them to the theological virtues and that they have recourse to the themes of Avicennian mysticism such as the doctrine of the two faces of the soul. Besides presenting the commentaries on the Ethica vetus from a general point of view, I will focus on the Paris commentary in Ethicam veterem (Paris BN lat. 3804A, ff. 152ra-159vb, 241ra-247vb; Paris BN lat. 3572, ff. 226ra-235ra), of which I am preparing a critical edition. The Paris commentary contains in fact a special and original discussion of the doctrine of the virtutes intellectuales. (shrink)

Why do relationships of friendship and love support partiality, but not relationships of hatred or commitments of racism? Where does partiality end and why? I take the intuitive starting point that important cases of partiality are meaningful. I develop a view whereby meaning is understood in terms of transcending self-limitations in order to connect with things of external value. I then show how this view can be used to distinguish central cases of legitimate partiality from cases of illegitimate partiality and (...) how it puts pressure on the traditional way of thinking about partiality. (shrink)

Our view is that fundamental appetitive and defensive motivation systems evolved to mediate a complex array of adaptive behaviors that support the organism’s drive to survive—defending against threat and securing resources. Activation of these motive systems engages processes that facilitate attention allocation, information intake, sympathetic arousal, and, depending on context, will prompt tactical actions that can be directed either toward or away from the strategic goal, whether defensively or appetitively determined. Research from our laboratory that measures autonomic, central, and somatic (...) reactions when processing emotional scenes is described which indicates that motivationally relevant cues, whether appetitive or defensive, capture attention preferentially, prompt enhanced perceptual processing and information gathering, and occasion metabolic arousal that mobilizes the organism for coping actions. (shrink)

Several philosophers have argued that ‘constraints’ constrain (and thereby explain) by virtue of being modally stronger than ordinary laws of nature. In this way, a constraint applies to all possible systems, for a variety of possibility that is broader (that is, more inclusive) than the variety we employ when we say that the ordinary laws of nature apply to all physically possible systems. Explanations by constraint are thus more broadly unifying than ordinary causal explanations. Philosophical examples of good candidates for (...) constraints have heretofore been drawn almost exclusively from fundamental physics. This paper argues for the existence of such constraints (even multiple levels of them) in at least one human science (linguistics), not just in physics. (shrink)

Written by two of the leading figures in the field, this is a lucid and systematic introduction to semantics as applied to transformational grammars of the ...

Williams’s attack on the ‘morality system’ in Ethics and the Limits of Philosophy was preceded by his famous but misunderstood essay ‘Moral Luck’. This essay pursues two principal aims. First and foremost, I take a fresh look at Williams’s argument in ‘Moral Luck’, to assess its defensibility. Second, I investigate how Williams’s treatment of moral luck shapes and informs the wider assault on the ‘morality system’ which reached its fullest expression in the later work. We can learn something about both (...) of Williams’s projects—his defence of moral luck, and his attack on the morality system—by seeing how each of these projects contributes to the other. Drawing on Williams’s discussion of Gauguin’s desertion of his family for a life of artistic endeavour in Tahiti, six interpretations of Williams’s argument are suggested. While some of these are better than others, none is completely satisfying or convincing. It is suggested, in conclusion, that the attack on anti-luckism does not make an indispensable contribution to Williams’s attack on the morality system. (shrink)

This paper examines the professions as examples of “moral community” and explores how professional leaders possessed of moral intelligence can make a contribution to enhance the ethical fabric of their communities. The paper offers a model of ethical leadership in the professional business sector that will improve our understanding of how ethical behavior in the professions confers legitimacy and sustainability necessary to achieving the professions’ goals, and how a leadership approach to ethics can serve as an effective tool for the (...) dissemination of moral values in the organization. (shrink)

As sophisticated artificial intelligence software becomes more ubiquitously and more intimately integrated within domains of traditionally human endeavor, many are raising questions over how responsibility (be it moral, legal, or causal) can be understood for an AI’s actions or influence on an outcome. So called “responsibility gaps” occur whenever there exists an apparent chasm in the ordinary attribution of moral blame or responsibility when an AI automates physical or cognitive labor otherwise performed by human beings and commits an error. Healthcare (...) administration is an industry ripe for responsibility gaps produced by these kinds of AI. The moral stakes of healthcare are often life and death, and the demand for reducing clinical uncertainty while standardizing care incentivizes the development and integration of AI diagnosticians and prognosticators. In this paper, we argue that (1) responsibility gaps are generated by “black box” healthcare AI, (2) the presence of responsibility gaps (if unaddressed) creates serious moral problems, (3) a suitable solution is for relevant stakeholders to voluntarily responsibilize the gaps, taking on some moral responsibility for things they are not, strictly speaking, blameworthy for, and (4) should this solution be taken, black box healthcare AI will be permissible in the provision of healthcare. (shrink)

Abstract:Analysis of ethical conduct of business organizations has hitherto placed primary emphasis on the conduct of that corporation’s managers because ethical conduct, like all conduct, must manifest itself through individual behavior. This paper argues that in the real world corporate actions are influenced, to a considerable extent, by external market-based conditions. Therefore, a more comprehensive explanation of ethical business conduct must incorporate both corporate, i.e., internal considerations, and competitive, industry structure-based, i.e., external considerations. A framework is presented that provides a (...) systematic analysis of the interactive effect between different types of external market-based competitive conditions, institutional opportunities to engage in ethical behavior, and the likelihood that corporations would do so. The analytical framework leads to recommendations as to the types of actions that might be more effective in improving business ethical conduct under varying sets of market-based competitive conditions. (shrink)

Controlled human malaria infection (CHMI) studies involve the deliberate infection of healthy volunteers with malaria parasites under controlled conditions to study immune responses and/or test drug or vaccine efficacy. An empirical ethics study was embedded in a CHMI study at a Kenyan research programme to explore stakeholders’ perceptions and experiences of deliberate infection and moral implications of these. Data for this qualitative study were collected through focus group discussions, in‐depth interviews and non‐participant observation. Sixty‐nine participants were involved, including CHMI study (...) volunteers, community representatives and research staff. Data were managed using QSR Nvivo 10 and analysed using an inductive‐deductive approach, guided by ethics literature. CHMI volunteers had reasonable understanding of the study procedures. Decisions to join were influenced by study incentives, trust in the research institution, their assessment of associated burdens and motivation to support malaria vaccine development. However, deliberate malaria infection was a highly unusual research strategy for volunteers, community representatives and some study staff. Volunteers’ experiences of physical, emotional and social burdens or harms were often greater than anticipated initially, and fluctuated over time, related to specific procedures and events. Although unlikely to deter volunteers' participation in similar studies in furture, we argue that the dissonance between level of understanding of the burdens involved and actual experiences are morally relevant in relation to community engagement, informed consent processes, and ongoing support for volunteers and research staff. We further argue that ethics oversight of CHMI studies should take account of these issues in deciding whether consent, engagement and the balance of benefits and harms are reasonable in a given context. (shrink)

. In this paper, we consider the nature of recent corporate abuses both in the U.S. and in Europe, and how globalization has had an impact on amplifying their consequences. We discuss the rules-based and principles-based remedies that have been proposed in each region, respectively. With a focus on the U.S. Sarbanes-Oxley Act (SOA), we examine the principles forwarded by this act, and how it addresses those principles with specific rules and governance mechanisms. Invoking Integrative Social Contracts Theory (ISCT), we (...) conclude with a reconciliation of the principles and rules-based approaches to corporate governance as suggested by theory. (shrink)

A vital step to successfully orienting Deleuze with biosemiotics (and theories of biological complexity overall) is to discover a coherent scientific throughline in his work that also accounts for the aesthetic/creative dimension of his philosophy. This requires the heterodox move (from a Deleuzean point of view) of giving priority to the organism. I argue that Deleuze’s treatment of the organism does more than signal a superficial relation to biological complexity theory that, as a result of his nuanced take on the (...) matter, undermines the value of the organic body to his system. Instead, we can recognize a working theory of autopoiesis in the early Deleuze that scaffolds as well as substantiates his later ethological and biosemiotic observations and reveals a definite, albeit minimal, notion of subjectivity in his work. Most importantly, reorienting his logic of sense as a logic of sense-making, or the context-dependent signification between system and environment (Thompson, 2007), allows us to begin the work of mining a scientific throughline in Deleuze’s work akin to biological complexity theory that is of value to both Deleuze studies and biosemiotics. (shrink)

Journal Name: Semiotica Issue: Ahead of print.

Sir Ernst Gombrich and the Barber from Tuscany In the spirit of Sir Ernst Gombrich, this essay uses an anecdote—a chat between Gombrich and a barber from Tuscany—to illustrate a deeper point, namely, how cultural memory, tradition, and a canon give rise to an implied language of culture and cultural value. Gombrich staunchly defended tradition against relativism. By relativism, he meant something like "radical subjectivism." To his mind, subjectivism (in the cultural and social sense of the term) is not only (...) impossible, since meaning is conferred through culture and society, but it is also dangerous (in the cultural and ethical sense of the term), since it denies the existence of shared values. Against consensus on the one hand and radical subjectivism on the other, Gombrich advocated a middle way: criticism and self-criticism to ensure latitude; the search for "truth" to ensure a limited plurality of interpretations. (shrink)

ILLUSTRATIONS Chapter 2 1. Roy Lichtenstein, Little Big Painting 83 2. Luis Buriuel, Viridiana (Last Supper scene) 86 3. ...

This article uses a conversation analytic framework to describe a type of wh-question used to challenge a prior utterance, specifically to challenge the basis for or right to do an action done by the prior utterance. These wh-questions are able to do challenging because, rather than asking for new information, they are used to convey a strong epistemic stance of the questioner, a negative assertion. The utterances are designed as requests for an account for a prior claim or action, but (...) by conveying a negative assertion, they suggest that there is no adequate account available and, thus, that there are no grounds for the prior claim or action. The use of these questions in institutional settings can display participants' orientation to institutional goals, norms and roles, showing that institutional roles can thus be enacted, and goals accomplished, by means of practices of talk which are not, themselves, institutionally specific. (shrink)

The concept of the self and its relation to moral action is complex and subject to varying interpretations, not only between different academic disciplines but also across time and space. This paper presents empirical evidence from a cross-cultural study on the Buddhist and Confucian notions of self in SMEs in Vietnam and Taiwan. The study employs Hwang’s Mandala Model of the Self, and its extension into Shiah’s non-self-model, to interpret how these two Eastern philosophical representations of the self, the Confucian (...) relational self and Buddhist non-self, can lead to moral action. By demonstrating the strengths of the model, emphasizing how social and cultural influences constrain the individual self and promote the social person leading to moral action, the paper extends understanding of the self with empirical evidence of the mechanisms involved in organizational contexts. (shrink)

Research from behavioural sciences shows that people reach decisions in a much less rational and well-considered way than was often assumed. The doctrine of informed consent, which is an important ethical principle and legal requirement in medical practice, is being challenged by these insights into decision-making and real-world choice behaviour. This article discusses the implications of recent insights of research on decision-making behaviour for the informed consent doctrine. It concludes that there is a significant tension between the often non-rational choice (...) behaviour and the traditional theory of informed consent. Responsible ways of dealing with or solving these problems are considered. To this end, patient decisions aids are discussed as suitable interventions to support autonomous decision-making. However, current PDAs demand certain improvements in order to protect and promote autonomous decision-making. Based on a conception of autonomy, we will argue which type of improvements are needed. (shrink)