In this lively and accessible book Lorraine Code addresses one of the most controversial questions in contemporary theory of knowledge, a question of fundamental concern for feminist theory as well: Is the sex of the knower epistemologically significant? Responding in the affirmative, Code offers a radical alterantive to mainstream philosophy's terms for what counts as knowledge and how it is to be evaluated. Code first reviews the literature of established epistemologies and unmasks the prevailing assumption in Anglo-American (...) philosophy that "the knower" is a value-free and ideologically neutral abstraction. Approaching knowledge as a social construct produced and validated through critical dialogue, she defines the knower in light of a conception of subjectivity based on a personal relational model. Code maps out the relevance of the particular people involved in knowing: their historical specificity, the kinds of relationships they have, the effects of social position and power on those relationships, and the ways in which knowledge can change both knower and known. In an exploration of the politics of knowledge that mainstream epistemologies sustain, she examines such issues as the function of knowledge in shaping institutions and the unequal distribution of cognitive resources. What Can She Know? will raise the level of debate concerning epistemological issues among philosophers, political and social scientists, and anyone interested in feminist theory. (shrink)

In this lively and accessible book Lorraine Code addresses one of the most controversial questions in contemporary theory of knowledge, a question of fundamental concern for feminist theory as well: Is the sex of the knower epistemologically significant? Responding in the affirmative, Code offers a radical alterantive to mainstream philosophy's terms for what counts as knowledge and how it is to be evaluated. Code first reviews the literature of established epistemologies and unmasks the prevailing assumption in Anglo-American (...) philosophy that "the knower" is a value-free and ideologically neutral abstraction. Approaching knowledge as a social construct produced and validated through critical dialogue, she defines the knower in light of a conception of subjectivity based on a personal relational model. Code maps out the relevance of the particular people involved in knowing: their historical specificity, the kinds of relationships they have, the effects of social position and power on those relationships, and the ways in which knowledge can change both knower and known. In an exploration of the politics of knowledge that mainstream epistemologies sustain, she examines such issues as the function of knowledge in shaping institutions and the unequal distribution of cognitive resources. What Can She Know? will raise the level of debate concerning epistemological issues among philosophers, political and social scientists, and anyone interested in feminist theory. (shrink)

I evaluate post-Quinean naturalized epistemology as a resource for postcolonial and feminist epistemology. I argue that naturalistic inquiry into material conditions and institutions of knowledge production has most to offer epistemologists committed to maintaining continuity with the knowledge production of specifically located knowers. Yet naturalistic denigrations of folk epistemic practices and stereotyped, hence often oppressive, readings of human nature challenge the naturalness of the nature they claim to study. I outline an ecologically modelled epistemology that focuses on questions of epistemic (...) responsibility and community, while refusing the reductivism of totalizing theory, and producing realistic moral-epistemic analyses of specific, local epistemic resources to ground its normative injunctions. (shrink)

I offer an examination of trust relations in scientific inquiry as they seem to contrast with a lack of trust in an example of knowledge imposed from above by an unaccountable institutional power structure. On this basis I argue for a re-reading of John Hardwig's account of the place of trust in knowledge, and suggest that it translates less well than social epistemologists and others have assumed into a model for democratic epistemic practice.

In lieu of an abstract, here is a brief excerpt of the content:Commentary on “Loopholes, Gaps, and What Is Held Fast”Lorraine Code (bio)Keywordsepistemology, incredulity, knowing other people, memory, testimonyNancy Potter’s compelling essay points to some of the limitations of the theoretical apparatus that the post-positivist empiricist epistemologies of the Anglo-American mainstream make available for evaluating experiential memory claims in general, and “false memory syndrome” in particular. The loopholes and gaps in these theories of knowledge push urgent questions about testimony, (...) trust, and the politics of knowledge into a prominent place on the agendas of successor epistemology projects. These politics are enacted in societies whose dominant rhetoric privileges eye-witness evidence and “knowledge by acquaintance” as sources of objective knowledge, yet whose practices of incredulity—of granting and withholding acknowledgement to testimonial knowledge claims—expose power-saturated structures of dominance and subordination and of arbitrarily uneven distributions of epistemic authority. 1For classical empiricists and their successors, perception, memory and testimony, hierarchically ordered with perception on top, count as the principal sources of empirical knowledge. This ordering maps the relative reliability of the processes, with perception ranking as most stable, reliable and secure, memory coming second on all of these scores, and testimony ranking a poor third, closer to opinion, hearsay and rumor than to the other more respectable sources. Perception, for these theories, is “immediate” in that it is direct, bare, uncontaminated either by the particularities of the perceiving subject or of the perceptual event: from its presumed (but contestable) immediacy, all the rest follows. Memory counts as perception at one remove, its reliability a function of the relative “vividness” of the perceptions it commemorates. The esteem commonly claimed for eye-witness testimony derives from this conception of memory, which is believed to ground the testimony because of its presumed proximity to “immediate” perception. Yet testimony, even in its restricted “knowledge by description” form, tends by contrast with perception and memory to be a shaky affair; and as the temporal distance between event and testimony increases, so knowledge of matters unavailable to direct observation fares less and less well in classical and post-positivist epistemologies. A distrust of testimony is at once understandable and odd, because so small a proportion both of communal and of “individual” knowledge indeed derives from first-hand observations and experiences: most of it comes from testimony in an extended sense that encompasses books, teachings, media reports, all of the sources and resources on which both secular and scholarly knowledge relies for much of its substance. This expanded construction of the term runs alongside [End Page 255] the first-personal “testimonial” sense that is more plainly operative in discussions of false memory syndrome which, despite its experiential source, is often likewise contested on grounds that discredit the “privileged access” status that these same epistemologies claim for experience at first hand.Epistemologists commonly assimilate testimony to monologic, observational knowledge, deriving its constitutive features from instances where a testimonial utterance can pose as another perception—this time an auditory one—in a personal set of knowledge-producing observations (e.g., Fricker 1987). Because the speaker may be lying or mistaken, the process may fail to transmit knowledge; but this failure can be read as a simple perceptual error or a misremembering. Such approaches ignore the constitutive function of an interpreter/listener in fostering or thwarting testimonial knowledge to subsume it, too, much under an observational model. Indeed, not only do they separate the knower from the known and the process of knowing, as Potter observes, they also separate the knower from other knowers to guard against their influencing (= contaminating) the knowledge-production process. Experiences where an interlocutor actually enables the production of knowledge do not figure in such analyses, 2 whose effect is to suggest that giving or hearing testimony invokes no more significant moral-political issues than do acts of perceiving tables and chairs: that hearing, like seeing, is believing. (Norman Malcolm’s analysis of memory, which Potter cites, would also underwrite such a view of testimony.) Yet standard empiricist and post-positivist epistemologies generate an inquisitorial model of eliciting testimony in which the more generalized “testimony” in the knowledge that people acquire from books, media reports, conversation, reference sources recedes from... (shrink)

I offer an examination of trust relations in scientific inquiry as they seem to contrast with a lack of trust in an example of knowledge imposed from above by an unaccountable institutional power structure. On this basis I argue for a re-reading of John Hardwig's account of the place of trust in knowledge, and suggest that it translates less well than social epistemologists and others have assumed into a model for democratic epistemic practice.

Holistically ignited Hebbian models are fundamentally different from the serially organized connectionist implementations of language. This may be important for the recovery of language after injury, because connectionist models have provided useful insights into recovery of some cognitive functions. I ask whether cell assembly modelling can make an important contribution and whether the apparent incompatibility with successful connectionist modelling is a problem.

Biosemiotics asserts the idea that semiosis is fundamental to life, and that all living creatures are therefore semiotic systems. The idea itself is strongly supportedby the evidence of the genetic code — but thus far it has made little impact in the scientific world, and is largely regarded as the basis for a philosophy of meaning, rather than a basis for a science of meaning. This is regrettable, but perhaps understandable from the scientists’ point of view. Scientists know that (...) the cell is the necessary unit of all life. I will argue here, then, that Biosemiotics can become a science only if it can prove that the cell is, in fact, a semiotic system — i.e., that semiosis exists at the cellular level. To do this, we first need to define what is semiosis, so that we can be explicit about what exactly constitutes a semiotic system. So far, we have had two main answers to this question. One is the model proposed by Saussure, who defined a semiotic system as a duality of ‘signifier and signified’. The other is the model of Peirce, who pointed out that interpretation is an essential component of semiosis and defined a semiotic system as a triad of ‘sign, object and interpretant’. After the discovery of the genetic code, each of these two models have been applied to biology and have given rise to two distinct schools of biosemiotics. One is the school of Marcel Florkin (1974), which is based on the model of Saussure, and the other is the school of Thomas Sebeok (1972, 2001), which is based on the model of Peirce. Unfortunately, neither of them can be applied to the cell, and that is why most biologists continue to be skeptical about biosemiotics. There is however a third model of semiosis that is actually applicable to the cell. It is based on the theory that the cell is a trinity of genotype, phenotype and ribotype (Barbieri 1981, 1985, 2003). Here, the ribotype is the ribonucleoprotein system of the cell and represents its ‘codemaker’, i.e., the seat of the genetic code. This model assumes that semiosis is defined by coding, not by interpretation, and is therefore referred to as the code model of semiosis. This paper is dedicated to illustrating this third model and, above all, to showing that the cell is a true semiotic system. (shrink)

In this paper I am advocating a structuralist theory of mental representation. For a structuralist theory of mental representation to be defended satisfactorily, the naturalistic and causal constraints have to be satisfied first. The more intractable of the two, i.e., the naturalistic constraint, indicates that to account for the mental representation, we should not invoke “a full-blown interpreting mind”. So, the aim of the paper is to show how the naturalistic and causal constraints could be satisfied. It aims to offer (...) a strategy for grounding the structure of the mental representations in nature. The strategy that I offer is inspired by Marcello Barbieri’s code model of biosemiotics. (shrink)

The Triple Helix is a global model originating in developed economies but less developed countries have also made attempts to implement it into their national contexts. Meanwhile, the national context can be characterised by means-ends decoupling at the state level which implies that policies and practices of the state are disconnected from its core goal of creating public welfare. It refers to the oligarchic economies in which the state is captured by exploitative, rent-seeking oligarchies in business and politics. (...) Ukraine is an example of such a country. Thus, the research question is: how did means-ends decoupling at the state level affect the implementation of the Triple Helix model in Ukraine? To answer this question, we employed both rational choice institutionalism and sociological institutionalism. The data emanate from interviews with the senior managers of four universities and science parks established within them. The findings reveal that means-ends decoupling at the state level, caused by the rent-seeking behaviour of business and political oligarchies, led to the implementation of the Triple Helix model in Ukraine also reflecting a case of means-ends decoupling. The greater the institutional complexity experienced by the science park and the more the senior managers of the university and the science park maintain a logic of confidence in practices that deviate from the Triple Helix model, the greater rent-seeking and means-ends decoupling at the organisational level. Both rent-seeking and means-ends decoupling were found to not only hinder economic growth but also result in a diversion of human intellectual capital. (shrink)

Machery's dismissive position on parsimony requires that we examine especially carefully the data he provides as evidence for his complex triple-system account. We use the prototype-exemplar debate as an example of empirical findings which may not, in fact, support a multiple-systems account. We discuss the importance of considering complexity in scientific theory.

Reading numbers aloud involves visual processes that analyze the digit string and verbal processes that produce the number words. Cognitive models of number reading assume that information flows from the visual input to the verbal production processes—a feed‐forward processing mode in which the verbal production depends on the visual input but not vice versa. Here, I show that information flows also in the opposite direction, from verbal production to the visual input processes. Participants read aloud briefly presented multi‐digit strings in (...) Hebrew, in which the order of words is congruent with the order of digits (21 = twenty‐and‐one), and in Arabic, in which the ones word precedes the tens word (one‐and‐twenty). The error‐by‐digit‐position curve was affected by language: relative to Hebrew, in Arabic the error rate was slightly lower for the unit digit and slightly higher for the decade digit, indicating that in Arabic the unit digit was processed earlier and the decade digit later, in accord with the Arabic word order. This language‐dependent processing order originated in the visual level and was not a verbal confound, because it persisted even when I controlled for the serial position of the decade/unit word in the verbal number by using numbers with 0 (two hundred three/two hundred thirty). I conclude that the visual analyzer's digit scanning order, decade‐first or unit‐first, is not fixed but affected by the language in which the number is produced—a top‐down, verbal‐to‐visual information flow. (shrink)

I present a case study of scientific discovery, where building two functional and behavioral approximations of neurons, one physical and the other computational, led to conceptual and implementation breakthroughs in a neural engineering laboratory. Such building of external systems that mimic target phenomena, and the use of these external systems to generate novel concepts and control structures, is a standard strategy in the new engineering sciences. I develop a model of the cognitive mechanism that connects such built external systems (...) with internal models, and I examine how new discoveries, and consensus on discoveries, could arise from this external‐internal coupling and the building process. The model is based on the emerging framework of common coding, which proposes a shared representation in the brain between the execution, perception, and imagination of movement. (shrink)

This paper argues that many objections against, and limitations of, corporate codes of conduct can be addressed if a meaningful integration can be established between CSR and ethics management practices within corporations. It is proposed that the notion of the triple bottom-line finally presents corporations with a mechanism to establish this integration. The paper draws on the second South African King Report on Corporate Governance, which succeeded in integrating corporate governance, ethics management and triple bottom-line reporting by advocating (...) what it called ‘Integrated Sustainability’. The paper argues that this is an example of how ethics management initiatives like code development become more meaningful, if they can be related to the corporation's CSR initiatives and reporting practices. Integration between ethics management and CSR in the context of triple bottom-line reporting reframes corporate success in a way that makes both ethics management and CSR activities more meaningful. In fact, it is argued that in the absence of a social grammar that establishes this integration, neither codes nor CSR can foster meaningful organizational integrity. (shrink)

This paper argues that many objections against, and limitations of, corporate codes of conduct can be addressed if a meaningful integration can be established between CSR and ethics management practices within corporations. It is proposed that the notion of the triple bottom‐line finally presents corporations with a mechanism to establish this integration. The paper draws on the second South African King Report on Corporate Governance, which succeeded in integrating corporate governance, ethics management and triple bottom‐line reporting by advocating (...) what it called ‘Integrated Sustainability’. The paper argues that this is an example of how ethics management initiatives like code development become more meaningful, if they can be related to the corporation's CSR initiatives and reporting practices. Integration between ethics management and CSR in the context of triple bottom‐line reporting reframes corporate success in a way that makes both ethics management and CSR activities more meaningful. In fact, it is argued that in the absence of a social grammar that establishes this integration, neither codes nor CSR can foster meaningful organizational integrity. (shrink)

A Steiner triple system (STS) is a set S together with a collection B of subsets of S of size 3 such that any two elements of S belong to exactly one element of B. It is well known that the class of finite STS has a Fraïssé limit M_F. Here, we show that the theory T of M_F is the model completion of the theory of STSs. We also prove that T is not small and it has (...) quantifier elimination, TP2, NSOP1, elimination of hyperimaginaries and weak elimination of imaginaries. (shrink)

The kind of collective improvisation attained by the “free jazz” at the beginning of the sixties sets a challenge to analytic theories of collective intentionality, that emphasize the role played by future-directed plans in the interlocking and interdependent intentions of the individual participants, because in the free jazz case the performers’ interdependence or [interplay] stems from an intuitive understanding between musicians. Otherwise said: what happens musically is not planned in advance, but arises from spontaneous interactions in the group. By looking (...) at the way jazz improvisers take up the challenge of making music together without a pre-conceived notion as to what kind of effect they will achieve and without a pre-set code of agreements, my aim has been to clarify what kind of strategies — other than advanced action plans and joint commitments — are used by improvising musicians to integrate their improvisations into a unified shared activity. In developing this proposal I initially drawn pre-theoretically on one paradigmatic study case — Ornette Coleman’s double quartet Free Jazz, A collective Improvisation and brought it in conversation with Husserl’s phenomenology of time. In a final move, I brought this phenomenological frame into dialogue with some recent readings of the predictive coding model. All in all, what we learned from the Free Jazz case is that the interdependence and interlocking of attitudes among individual participants characteristic of shared intention is not determined by a future-directed plan and the rational pressure to be responsive to and coordinate with others, it typically engages. Rather, in the free jazz case, the performers’ connection and interplay depend on the players’ readiness to feel each other out, by listening to each other playing, in a way that no doubt presupposes the Husserlian retention-protention scheme. (shrink)

This paper argues that many objections against, and limitations of, corporate codes of conduct can be addressed if a meaningful integration can be established between CSR and ethics management practices within corporations. It is proposed that the notion of the triple bottom‐line finally presents corporations with a mechanism to establish this integration. The paper draws on the second South African King Report on Corporate Governance, which succeeded in integrating corporate governance, ethics management and triple bottom‐line reporting by advocating (...) what it called ‘Integrated Sustainability’. The paper argues that this is an example of how ethics management initiatives like code development become more meaningful, if they can be related to the corporation's CSR initiatives and reporting practices. Integration between ethics management and CSR in the context of triple bottom‐line reporting reframes corporate success in a way that makes both ethics management and CSR activities more meaningful. In fact, it is argued that in the absence of a social grammar that establishes this integration, neither codes nor CSR can foster meaningful organizational integrity. (shrink)

We propose a triple test to evaluate the usefulness of behavioral economics models for public health policy. Test 1 is whether the model provides reasonably new insights. Test 2 is on whether these have been properly applied to policy settings. Test 3 is whether they are corroborated by evidence. We exemplify by considering the cases of social interactions models, self-control models and, in relation to health message framing, prospect theory. Out of these sets of models, only a correctly (...) applied prospect theory fully passes the tests at present. Specifically, in broad agreement with the evidence, a gain frame has positive implications for welfare encourages disease prevention activity, though this does not apply if the perceived probability of the bad health outcome is large enough. We see our tests as being useful to identify how much health policy weight policy makers should assign to specific behavioral economic models; they are also useful to verify what next steps would be most useful in further research. (shrink)

The original version of this article unfortunately contains incorrect data. Page 4, first paragraph, line 1: the term "All" has been corrected. Page 12, fifth paragraph, line 31: the location “there are:” has been deleted and placed in the third paragraph, line 13.

Almost two decades ago, Prahalad and Hammond [Harv Bus Rev, 80(9):48–59, 2002] introduced the base/bottom of the pyramid (BOP) approach to profitably serving the poor with business models adapted from developed markets while alleviating poverty. In response to disappointing results and ethical criticism, the BOP approach evolved from a just-for-profit approach with a passive role of the poor to an inclusive development approach that integrates the principles of the triple bottom line. A recent review of the BOP literature [Dembek (...) et al., J Bus Ethics 165(3):365–382, 2020], however, reveals a lack of empirical evidence to support the sustainable BOP approach. In this paper, we specify the assumptions underlying the sustainable BOP approach and test them using structural equation modeling with clustered robust standard errors on a unique dataset of 212 firms. Our findings show that BOP business model involvement and adaptive capacity are significant drivers of the triple bottom line at the BOP; however, business model adaptive capacity does not guarantee an ecologically sustainable performance at the BOP. We find that there is a need for further extension of the ethical foundations of the sustainable BOP approach. (shrink)

We apply molecular code theory to a rule-based model of the human inner kinetochore and study how complex formation in general can give rise to molecular codes. We analyze 105 reaction networks generated from the rule-based inner kinetochore model in two variants: with and without dissociation of complexes. Interestingly, we found codes only when some but not all complexes are allowed to dissociate. We show that this is due to the fact that in the kinetochore model (...) proteins can only bind at kinetochores by attaching to already attached proteins and cannot form complexes in free solution. Using a generalized linear mixed model we study which centromere protein can take which role in a molecular code . By this, associations between CENPs and code roles are found. We observed that CenpA is a major risk factor while CenpQ is a major protection factor . Finally we show, using an abstract model of copolymer formation, that molecular codes can also be realized solely by the formation of stable complexes, which do not dissociate. For example, with particular dimers as context a molecular code mapping from two different monomers to two particular trimers can be realized just by non-selective complex formation. We conclude that the formation of protein complexes can be utilized by the cell to implement molecular codes. Living cells thus facilitate a subsystem allowing for an enormous flexibility in the realization of mappings, which can be used for specific regulatory processes, e.g. via the context of a mapping. (shrink)

While the Triple Helix and Quadruple Helix models are popular in innovation studies, the relations between them have not been addressed extensively in the literature. There are diverse interpretations of helix models in empirical studies that apply them, but these sometimes deviate from the original theses of the models. Such a situation can confuse newcomers to the field in terms of which helix model to apply in their empirical research. We discern that the cause of this research challenge (...) is a lack of systematic comparison of the two models. To bridge the research gap, this paper compares the models from the perspectives of how they were introduced and discussed in the literature and improved and how useful they are in addressing the innovation processes in contemporary society. Our major findings are as follows: First, reviewing the extant literature applying the two helix models for identifying research gaps, we discover that these studies were influenced by three views on the relations between the two models that were located on a continuum between two extreme ends—namely, isolation versus integration of the two models. Second, we provide a systematic comparison of both the advantages and weaknesses of the two models, and this may help researchers choose suitable helix models as conceptual/analytical tools in their empirical innovation studies. Third, our comparison of the two models shows that they are largely supplementary to each other when analysing innovation processes in contemporary society, providing a ground for potential synergy building between the two helix models. (shrink)

The neural coding metaphor is so ubiquitous that we tend to forget its metaphorical nature. What do we mean when we assert that neurons encode and decode? What kind of causal and representational model of the brain does the metaphor entail? What lies beneath the neural coding metaphor, I argue, is a bureaucratic model of the brain.

We prove: Theorem. A complete first order theory in a countable language which is strictly stable, trivial and which admits finite coding has 2 ℵ 0 nonisomorphic countable models. Combined with the corresponding result or superstable theories from [4] our result confirms the Vaught conjecture for trivial theories which admit finite coding.

Business codes are a widely used management instrument. Research into the effectiveness of business codes has, however, produced conflicting results. The main reasons for the divergent findings are: varying definitions of key terms; deficiencies in the empirical data and methodologies used; and a lack of theory. In this paper, we propose an integrated research model and suggest directions for future research.

The purpose of this discussion paper is to explore how nurses can be strategically poised to advocate for needed policy change in support of greater income equality and other social determinants of health. We adapted Bronfenbrenner's social‐ecological model to highlight how four broad pervasive subsystems shape the opportunities that nurses have to engage in advocacy at the policy level. These subsystems include organizations (the microsystem), professional bodies (the mesosystem), public policies (the exosystem), and societal values (the macrosystem). On the (...) basis of this adapted model, we recommend changes among modifiable elements of the microsystem and mesosystem that can help position nurses (ecologically and collectively) to advocate for public policy change and use examples from a Canadian context to illustrate these points. We believe that the ideas arising from this model can be widely used where policy action on the social determinants of health is needed to inform, guide, and frame change efforts and advocacy work. (shrink)

Bioethicists function in an environment in which their peers - healthcare executives, lawyers, nurses, physicians - assert the integrity of their fields through codes of professional ethics. Is it time for bioethics to assert its integrity by developing a code of ethics? Answering in the affirmative, this paper lays out a case by reviewing the historical nature and function of professional codes of ethics. Arguing that professional codes are aggregative enterprises growing in response to a field's historical experiences, it (...) asserts that bioethics now needs to assert its integrity and independence and has already developed a body of formal statements that could be aggregated to create a comprehensive code of ethics for bioethics. A Draft Model Aggregated Code of Ethics for Bioethicists is offered in the hope that analysis and criticism of this draft code will promote further discussion of the nature and content of a code of ethics for bioethicists. (shrink)

Business codes are a widely used management instrument. Research into the effectiveness of business codes has, however, produced conflicting results. The main reasons for the divergent findings are: varying definitions of key terms; deficiencies in the empirical data and methodologies used; and a lack of theory. In this paper, we propose an integrated research model and suggest directions for future research.

This article presents a model for the procedure of elaboration of an effective ethical code. Taking as the starting point the concept of business ethics as critical hermeneutics, we describe a process which will lead to the creation of a document that is truly ethical and efficient. We believe the elaboration of an ethical code should follow a definite procedure, and that the process is as important as the result, but we also add that in order for (...) the process to be a truly rational dialogue it is necessary to make efforts to ensure the participation of truly valid interlocutors who can represent their interests in conditions that are as close as possible to an ideal community of dialogue. Our model for the elaboration of an ethical code attempts to break with the conventional distinction between processes of elaboration and application in order to develop a truly integrative ethics, while also giving attention to the concrete conditions in which the ethical code is developed. In our view the contribution made by this model is the emphasis it places on the transformation of the will of the participants in the dialogue. (shrink)

This article presents a model for the procedure of elaboration of an effective ethical code. Taking as the starting point the concept of business ethics as critical hermeneutics, we describe a process which will lead to the creation of a document that is truly ethical and efficient. We believe the elaboration of an ethical code should follow a definite procedure, and that the process is as important as the result, but we also add that in order for (...) the process to be a truly rational dialogue it is necessary to make efforts to ensure the participation of truly valid interlocutors who can represent their interests in conditions that are as close as possible to an ideal community of dialogue. Our model for the elaboration of an ethical code attempts to break with the conventional distinction between processes of elaboration and application in order to develop a truly integrative ethics, while also giving attention to the concrete conditions in which the ethical code is developed. In our view the contribution made by this model is the emphasis it places on the transformation of the will of the participants in the dialogue. (shrink)

I show that the Pinkerton rule in conspiracy law is doctrinally and morally flawed. Unlike past critics of the rule, I propose a statutory fix that preserves and reforms it rather than abolishing it entirely. As I will show, this accommodates authors like Neil Katyal who have defended the rule as an important crime fighting tool while also fixing most of the traditional problems with it identified by critics like Wayne LaFave. Pinkerton is a vicarious liability rule that makes conspirators (...) criminally responsible for the foreseeable crimes of their coconspirators committed in furtherance of the conspiracy. It has two big problems: (1) Doctrinally, it breaks the logic of the many state criminal codes that are based on the Model Penal Code. (2) Ethically, it infringes the culpability constraint on the criminal law by imposing excessive punishments on defendants who did not even consciously suspect that their coconspirators would commit additional crimes that were not the object of the conspiracy. These problems are most acute in Texas, where Pinkerton can be combined with capital murder charges to produce automatic life without parole sentences. The Texas example is an extreme illustration of the problem of unintended consequences when state legislators tinker with the carefully drafted, interlocking provisions of a model code. The new statute I propose would put the penal code back in order and respect the culpability constraint. In the latter aspect, it is informed by leading work in philosophical ethics on blameworthiness and culpability. (shrink)

There are currently three major theories on the origin and evolution of the genetic code: the stereochemical theory, the coevolution theory, and the error-minimization theory. The first two assume that the genetic code originated respectively from chemical affinities and from metabolic relationships between codons and amino acids. The error-minimization theory maintains that in primitive systems the apparatus of protein synthesis was extremely prone to errors, and postulates that the genetic code evolved in order to minimize the deleterious (...) effects of the translation errors. This article describes a fourth theory which starts from the hypothesis that the ancestral genetic code was ambiguous and proposes that its evolution took place with a mechanism that systematically reduced its ambiguity and eventually removed it altogether. This proposal is distinct from the stereochemical and the coevolution theories because they do not contemplate any ambiguity in the genetic code, and it is distinct from the error-minimization theory because ambiguity-reduction is fundamentally different from error-minimization. The concept of ambiguity-reduction has been repeatedly mentioned in the scientific literature, but so far it has remained only an abstract possibility because no model has been proposed for its mechanism. Such a model is described in the present article and may be the first step in a new approach to the study of the evolution of the genetic code. (shrink)