This article argues that corporate law has become the legal platform upon which is erected a social process impeding society’s capacity to lucidly reflect on its primary ends; in this sense, corporate law is in conflict with social autonomy. This process is described here as a social feedback loop, in the structural centre of which lies the corporation which imposes its own purpose as an irrational social end, i.e. irrespective of its potentially catastrophic social consequences. The article argues that resolving (...) the conflict between corporate law and social autonomy is impossible, because it presupposes a change of social paradigm towards one where corporate law as business organisation law has no obvious fit. This questions the social legitimacy of corporate law, signifies its non-permanence and thus opens up the field for seeking radical alternatives in the future. (shrink)

Corporate governance in the European Union (EU) has been traditionally seen as a problem of harmonizing or co-ordinating national systems. Here the focus is on the interactions between corporate governance on the one hand and macroeconomic policy on the other. It is argued that the function of corporate governance is a process determined by a structurally embedded dynamic game between major stakeholders and the corporation. The article argues that Economic Monetary Union (EMU) institutions and policymaking, as elements of the institutional (...) environment in which this game is embedded, determine particular parties’ bargaining power and through this the outcome of the corporate governance game and its trajectory. The main focus is on the bargains between labour and financial capital with the corporation, which is mostly destabilized in the EU–EMU environment. The findings carry an important message for post-crisis restructuring. (shrink)

Until recently, as market forces gradually prevailed over government intervention, the contractarian view had emerged as a preferred method of economic governance due to its attractiveness for business. Following the recent collapse of financial markets and the resulting recession, however, this structural form is now being called into question as the calls for more regulation and government intervention increase. In this context, this article revisits the law versus contract debate in the field of corporate law and governance. Following a theoretical (...) framework utilizing elements of game and resource-based theory of the firm, the company is envisaged as a central counterparty in repeated bargains with its stakeholders. It is shown that power dynamics, which are inherent in the repeated bargains between stakeholders and the company, are prone to imbalance rather than balance by causing cumulative increases in the relative power of stronger parties and vicious spirals of relative power loss for weaker ones. This cumulative power imbalance is then reflected in the organizational rent appropriation process, as weaker parties are eventually expropriated by stronger ones. It is therefore argued that since the contractual model is inherently prone to instability, mandatory power-balancing rules are necessary. Such (re)balancing regulation, however, would need to follow a systemic approach because stakeholder and company power is drawn from, and affected by numerous structural arrangements in the legal and economic system. (shrink)

This article seeks to bring a focus to the significance of trade and finance in corporate governance outcomes. It explores the theoretical and historical link between micro-economic-level firm structure and macro-economic institutions such as trade and finance. The more open the economy, it argues, the more difficult it is in the long run to sustain an insider model. It then argues that changes in interdependent aspects of macro-economic policy in the UK and the US—primarily trade liberalization and the end of (...) capital controls—combined with the presence of developed capital markets and a self-regulatory ethos, allowed institutional investors to refocus the market-level rules on shareholders despite the managerial bias of their legal systems, and enabled the emergence of the outsider shareholder-oriented systems present there today. The article then argues that core insider systems such as those in Germany and France operated with different financing arrangements which meant that they were less susceptible to immediate change. However, in the long run global economic conditions have continued to push shareholder-oriented norms on insider systems. The article concludes that if these conditions persist, then governments will lose, or may indeed already have lost, sovereignty with regard to choice of corporate governance system. (shrink)

Our aim in this paper is to present the distinct ways in which Wolff, Baumgarten, and Kant understand the relationship between necessitation, constraint, and reluctant action in an effort to illustrate the subtle ways in which their conceptions of obligation differ from each another. Whereas Wolff conceives of natural or moral obligation as incompatible with constraint, Baumgarten holds that constraint and reluctant action are, in some instances, compatible with natural obligation. Kant departs from Baumgarten by conceiving of obligation as necessarily (...) involving constraint: as Kant’s reply to Schiller’s famous objection reveals, obligation must take on the character of constraint to reluctant action on account of the fact that human beings possess inclinations that always threaten to impel them in directions that oppose morality. (shrink)

According to the received account of guilt in the philosophical literature, one cannot feel guilt unless one takes oneself to have done something morally wrong. But ordinary people feel guilt in many cases in which they do not take themselves to have done anything morally wrong. In this paper, I focus on one kind of guilt without perceived wrongdoing, guilt about being merely causally responsible for a bad state-of-affairs. I go on to present a novel account of guilt that explains (...) guilt about mere causal responsibility, according to which guilt represents part of the self as bound up with what is bad. (shrink)

Telling a patient that the outcome of his illness is not good, or even hopeless, requires sensitivity and the ability to communicate with him in the setting of a hospital which is an unnatural environment divorced from family and friends. It is a task which must be taught and learned by doctors and nurses.

Concepts and Cases in Nursing Ethics is an introduction to contemporary ethical issues in health care, designed especially for Canadian audiences. The book is organized around six key concepts: beneficence, autonomy, truth-telling, confidentiality, justice, and integrity. Each of these concepts is explained and discussed with reference to professional and legal norms. The discussion is then supplemented by case studies that exemplify the relevant concepts and show how each applies in health care and nursing practice. This new fourth edition includes an (...) added chapter on end-of-life issues, and it is revised throughout to reflect the latest developments on topics such as global health ethics, cultural competence, social media, and palliative sedation. (shrink)

An Essay on Human Action seeks to provide a comprehensive, detailed, enlightening, and (in its detail) original account of human action. This account presupposes a theory of events as abstract, proposition-like entities, a theory which is given in the first chapter of the book. The core-issues of action-theory are then treated: what acting in general is (a version of the traditional volitional theory is proposed and defended); how actions are to be individuated; how long actions last; what acting intentionally is; (...) what doing one thing by doing another is; what basic action is; and what omitting to do something is. Attention is also given to the concepts of causation, intention, volition, deciding, choosing, and trying. Finally, a libertarian account of free action is tentatively proposed and defended. (shrink)

From the concrete experience of war, Michael S. Yandell constructs a phenomenology of “negative revelation” in which false or distorted claims of goodness and justice disintegrate and become meaningless, adding depth to the term moral injury.

What is the relation between small-scale collaborative plans and the execution of those plans within interactive contexts? I argue here that joint attention has a key role in explaining how shared plans and shared intentions are executed in interactive contexts. Within singular action, attention plays the functional role of enabling intentional action to be guided by a prior intention. Within interactive joint action, it is joint attention, I argue, that plays a similar functional role of enabling the agents to act (...) in a collaborative way such that their actions are rationally guided by a prior shared intention. This understanding of joint attention – as having a key functional role of enabling the rational guidance of joint intentional action by a prior shared intention – allows for an alternative understanding of the kind of minimal cooperation that infants can engage in. On this understanding, infants’ capacity to engage in joint actions is already an incipient capacity to engage in rational and intentional joint actions, albeit a capacity that is necessarily scaffolded by an adult rational co-partner. (shrink)

Nature and civilisation -- Climate and the forms of the atmosphere -- Surface and the forms of the land -- Living forms -- The forms of metabolism -- Humans - anatomical and cultural forms -- City forms -- The forms of information, energy and ecology -- Emergence.

We ordinarily suppose that there is a difference between having and failing to exercise a rational capacity on the one hand, and lacking a rational capacity altogether on the other. This is crucial for our allocations of responsibility. Someone who has but fails to exercise a capacity is responsible for their failure to exercise their capacity, whereas someone who lacks a capacity altogether is not. However, as Gary Watson pointed out in his seminal essay ’Skepticism about Weakness of Will’, the (...) idea of an unexercised capacity is much more difficult to make sense of than it initially appears. The aim of ’Rational Capacities’ is to provide the needed explication of this idea. (shrink)

Excerpt from Die Ethik des Aristoteles: In Ihrer Systematischen Einheit und in Ihrer Geschichtlichen Stellung Untersucht 1. Die Tapferkeit. Keine systematische Anordnung der Tugenden Die sittliche Gesinnung als Motiv der Tapferkeit - die Tapferkeit als richtiges Masshalten. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing (...) imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.". (shrink)

Concepts and Cases in Nursing Ethics maps the ethical landscape of contemporary nursing. The book is the product of a collaboration between philosopher-ethicist Michael Yeo, nurse-ethicist Anne Moorhouse, and six representatives of various areas of professional nursing. It thus combines philosophical and ethical analysis with nursing knowledge and experience in a manner that is both understandable and relevant. The book is organized around six main concepts in nursing ethics: beneficence, autonomy, confidentiality, truth-telling, justice, and integrity. A chapter is devoted (...) to the elucidation of each of these concepts. In each chapter, historical background and conceptual analysis are supplemented by case studies that exemplify issues and show how the concept applies in nursing practice. In this new edition, the materials in each chapter have been updated to reflect recent developments in nursing and more generally in health care. In addition, a totally new chapter on ethical theory has been added. Complete with bibliographies and study questions for further analysis of cases, this book is ideally suited for textbook use. It will help both practitioners and students to deal better with the clinical problems and issues that are encountered in the field. However, it's simple prose and clear exposition of complex issues will make Concepts and Cases in Nursing Ethics attractive to anyone concerned about health care. (shrink)

Using William Shakespeare’s Hamlet and the play-within-the play, The Murder of Gonzago, as a case study, this essay argues that theatrical utterances constitute a special case of language usage not previously elucidated: the utterance of a statement with propositional content in theatre functions as an event. In short, the propositional content of a particular p (e.g. p1, p2, p3 …), whether or not it is true, is only understood—and understood to be true—if p1 is uttered in a particular time, place, (...) and situation (i.e. during a theatrical event); otherwise, the propositional content in those theatrical utterances can either be false or contingently true. (shrink)

Als Philosoph, Literat, Prediger und Pädagoge gehört Herder zu den bedeutendsten Vertretern der Weimarer Klassik. Diese aktuelle und kenntnisreiche Biografie bringt Leben und Werk Herders einem breiteren Publikum nahe.

Michael Dummett's three John Dewey Lectures--"The Concept of Truth," "Statements About the Past," and "The Metaphysics of Time"--were delivered at Columbia University in the spring of 2002. Revised and expanded, the lectures are presented here along with two new essays by Dummett, "Truth: Deniers and Defenders" and "The Indispensability of the Concept of Truth." In _Truth and the Past,_ Dummett clarifies his current positions on the metaphysical issue of realism and the philosophy of language. He is best known as (...) a proponent of antirealism, which loosely characterizes truth as what we are capable of knowing. The events of the past and statements about them are critical tests of an antirealist position. These essays continue and significantly contribute to Dummett's work. (shrink)

What is the relation between joint attention and common knowledge? On the one hand, the relation seems tight: the easiest and most reliable way of knowing something in common with another is for you and that other to be attentively aware of what you are together experiencing. On the other hand, they couldn’t seem further apart: joint attention is a mere perceptual phenomena that infants are capable of engaging in from nine months of age, whereas common knowledge is a cognitive (...) phenomenon involving (so it seems) complex, overlapping metarepresentational states that require the kind of sophisticated mindreading skills that developmental psychology has shown to be beyond the capabilities of young children. In 'The Shared World: Perceptual Common Knowledge, Demonstrative Communication, and Shared Social Space', Axel Seemann attempts, inter alia, to makensense of this conundrum. (shrink)

_A portion of the revenue from this book’s sales will be donated to Doctors Without Borders to assist the humanitarian work of nurses, doctors, and other health care providers in the fight against COVID-19 and beyond._ _Concepts and Cases in Nursing Ethics_ is an introduction to contemporary ethical issues in health care, designed especially for Canadian audiences. The book is organized around six key concepts: beneficence, autonomy, truth-telling, confidentiality, justice, and integrity. Each of these concepts is explained and discussed with (...) reference to professional and legal norms. The discussion is then supplemented by case studies that exemplify the relevant concepts and show how each applies in health care and nursing practice. This new fourth edition includes an added chapter on end-of-life issues, and it is revised throughout to reflect the latest developments on topics such as global health ethics, cultural competence, social media, and palliative sedation, as well as ethical issues relating to COVID-19. (shrink)

In this paper, we explore how a conversational theory of moral responsibility can provide illuminating resources for building a theory about the nature and norms of moral forgiveness.

A paradigm-shifting work that revolutionizes our understanding of the origins and structure of science. Captivatingly written, interwoven with tantalizing illustrations and historical vignettes ranging from Newton's alchemy to quantum mechanics to the storm surge of Hurricane Sandy, Michael Strevens's wholly original investigation of science asks two fundamental questions: Why is science so powerful? And why did it take so long, two thousand years after the invention of philosophy and mathematics, for the human race to start using science to learn (...) the secrets of nature? The Knowledge Machine's radical answer is that science calls on its practitioners to do something irrational: by willfully ignoring religion, theoretical beauty, and, especially, philosophy-essentially stripping away all previous knowledge-scientists embrace an unnaturally narrow method of inquiry, channeling unprecedented energy into observation and experimentation. Like Yuval Harari's Sapiens or Thomas Kuhn's 1962 classic, The Structure of Scientific Revolutions, The Knowledge Machine overturns much of what we thought we knew about the origins of the modern world. (shrink)

This paper discusses the notion of epistemic circularity, supposedly different from logical circularity, and evaluates Ernest Sosa’s claim that this specific kind of circular reasoning is virtuous rather than vicious. I attempt to determine whether or not the conditions said to make epistemic circularity a permissible instance of begging the question could make other instances of circular reasoning equally permissible.

The fact that Gilbert Ryle and J.L. Austin seem to disagree about the ordinary use of words such as ‘voluntary’, ‘involuntary’, ‘voluntarily’, and ‘involuntarily’ has been taken to cast doubt on the methods of ordinary language philosophy. As Benson Mates puts the worry, ‘if agreement about usage cannot be reached within so restricted a sample as the class of Oxford Professors of Philosophy, what are the prospects when the sample is enlarged?’ (Mates, Inquiry 1:161–171, 1958, p. 165). In this chapter, (...) we evaluate Mates’s criticism alongside Ryle’s and Austin’s specific claims about the ordinary use of these words, assessing these claims against actual examples of ordinary use drawn from the British National Corpus (BNC). Our evaluation consists in applying a combination of methods: first aggregating judgments about a large set of samples drawn from the corpus, and then using a clustering algorithm to uncover connections between different types of use. In applying these methods, we show where and to what extent Ryle’s and Austin’s accounts of the use of the target terms are accurate as well as where they miss important aspects of ordinary use, and we demonstrate the usefulness of this new combination of methods. At the heart of our approach is a commitment to the idea that systematically looking at actual uses of expressions is an essential component of any approach to ordinary language philosophy. (shrink)

Originally published in 1979, The Darwinian Revolution was the first comprehensive and readable synthesis of the history of evolutionary thought. Though the years since have seen an enormous flowering of research on Darwin and other nineteenth-century scientists concerned with evolution, as well as the larger social and cultural responses to their work, The Darwinian Revolution remains remarkably current and stimulating. For this edition Michael Ruse has written a new afterword that takes into account the research published since his book's (...) first appearance. "It is difficult to believe that yet another book on Darwin and the Darwinian Revolution could add anything new or contain any surprises. Ruse's book is an exception on all counts. Darwin scholars and the general reader alike can learn from it."--David L. Hull, Nature "No other account of the Darwinian Revolution provides so detailed and sympathetic an account of the framework within which the scientific debates took place."--Peter J. Bowler, Canadian Journal of History "A useful and highly readable synthesis...skillfully organized and written with verve, imagination, and welcome touches of humor."--John C. Greene, Science. (shrink)

Opponents of medically assisted dying have long appealed to ‘slippery slope’ arguments. One such slippery slope concerns palliative care: that the introduction of medically assisted dying will lead to a diminution in the quality or availability or palliative care for patients near the end of their lives. Empirical evidence from jurisdictions where assisted dying has been practiced for decades, such as Oregon and the Netherlands, indicate that such worries are largely unfounded. The failure of the palliation slope argument is nevertheless (...) instructive with respect to how slippery slope arguments can be appraised without having to await post-facto evidence regarding the effects of a proposed change in public policy. Close attention in particular to the norms operative in a given institution and how changes to policy will interact with those norms enable slippery slopes to be credibly appraised. (shrink)

A team of 36 leading experts present the definitive guide to philosophical issues to do with truth. They survey how the concept of truth has been understood from antiquity to the present; offer critical assessments of the standard theories of truth; and explore the role of truth in logic, language, metaphysics, ethics, science, and mathematics.

This is the introduction to the Routledge Companion to Thought Experiments.

Aphorismen-Bücher sind nicht systematisch und widersprechen eigentlich der Konsequenz des Denkens. Nietzsche indes fordert das «rück- und vorsichtige» Lesen der seinen, und in der Tat: In der Morgenröthe erschließen sich mehrere Gewebe von Verweisen. Hervor tritt eine Technik: mögliche Strukturen anzubieten, wie zum Beispiel Bildfolgen und Zahlenkomposition. Kontexte finden sich, die erstens alles Reden, selbst das philosophische, von den lästigen Verpflichtungen auf logische und empirische Sachverhalte und zu anderen, etwa ästhetischen Möglichkeiten des Denkens befreien, und die zweitens anbieten, den Kalkül (...) durch Zahlen- oder Bilderspiel zu ersetzen. Die kaleidoskopisch wechselnden Sinn-Angebote lassen die Wahrheitsfrage überflüssig und poetische Ideen sichtbar werden. (shrink)

It is time to transcend the arid debate between rationality and ir-, a-, or non-rationality as our basic assumption about human agency.1 There are powerful arguments and extensive evidence both for and against the rationality assumption, with heavily defended entrenchments on both sides. Managers and management scholars continually make at least tacit assumptions about how they expect others to behave. If only we could have in both theory and practice the coherence and precision of rational models as well as the (...) descriptive richness of ‘behavioural’ approaches. The message of this paper is that perhaps we can. The advent of consciousness studies and, more recently, neuroeconomics would seem to indicate the way forward to transcend the opposition in some kind of synthesis. This paper investigates rationality in the light of Daniel Dennett’s thesis that it is at the core of all intentionality that is the defining characteristic of mental phenomena. Neuroeconomics seeks to enhance understanding of agency by investigating new insights on the materialist basis of mental phenomenology in the neurophysiology of the brain and nervous system. Experimental evidence mapping intentional states onto neurophysiological states is emerging, some researchers even claiming to have found a ‘neurophysiological utility function’. Dennett closes the circuit by locating the existence of brain-hardware supporting satisficing intentional choice and action as the output of evolutionary ‘design’. The dichotomy is transcended: satisficing models (of which normative optimising rational choice models are a reasonable abstraction) are a good basis both for statistical prediction of the behaviour of large numbers, and as the first base on which to construct and refine a model of expectation-formation about particular types of agent and then of individual agents. Using both the old (‘external’) and the new (sub-individual) behaviourism as well as work on unpacking the abstract notion of rationality, we can concretise optimising rational choice both generally, for epistemic theory-building purposes, and specifically for understanding and deploying models of managerial agency. Such models will need to incorporate emotion with cognition in an integrated approach. (shrink)

The original edition of this book describes it as an attempt to develop a comprehensive understanding of traditional Judaism in conversation with contemporary ...

Die Frage nach der Verhaltnisbestimmung von Spiritualitat und Intellektualitat beruhrt eine sehr alte theologische Fragestellung, namlich die Bestimmung des Verhaltnisses von Glauben und Denken beziehungsweise von Glauben und Vernunft. Das jeweilige Zueinander von Spiritualitat und Intellektualitat kann nur dann als gelungen beurteilt werden, wenn es so geschieht, dass die Einheit beider gewahrt wird. Das Werk des katholischen Philosophen Richard Schaeffler kann als ein konsequenter Versuch interpretiert werden, die Einheit von Spiritualitat und Intellektualitat zu wahren. Die Arbeit geht diesem Versuch Richard (...) Schaefflers nach und gibt so eine erste Einfuhrung in das Werk des Philosophen.". (shrink)

While philosophers hold that it is patently absurd to blame robots or hold them morally responsible [1], a series of recent empirical studies suggest that people do ascribe blame to AI systems and robots in certain contexts [2]. This is disconcerting: Blame might be shifted from the owners, users or designers of AI systems to the systems themselves, leading to the diminished accountability of the responsible human agents [3]. In this paper, we explore one of the potential underlying reasons for (...) robot blame, namely the folk's willingness to ascribe inculpating mental states or "mens rea" to robots. In a vignette-based experiment (N=513), we presented participants with a situation in which an agent knowingly runs the risk of bringing about substantial harm. We manipulated agent type (human v. group agent v. AI-driven robot) and outcome (neutral v. bad), and measured both moral judgment (wrongness of the action and blameworthiness of the agent) and mental states attributed to the agent (recklessness and the desire to inflict harm). We found that (i) judgments of wrongness and blame were relatively similar across agent types, possibly because (ii) attributions of mental states were, as suspected, similar across agent types. This raised the question - also explored in the experiment - whether people attribute knowledge and desire to robots in a merely metaphorical way (e.g., the robot "knew" rather than really knew). However, (iii), according to our data people were unwilling to downgrade to mens rea in a merely metaphorical sense when given the chance. Finally, (iv), we report a surprising and novel finding, which we call the inverse outcome effect on robot blame: People were less willing to blame artificial agents for bad outcomes than for neutral outcomes. This suggests that they are implicitly aware of the dangers of overattributing blame to robots when harm comes to pass, such as inappropriately letting the responsible human agent off the moral hook. (shrink)

The problem with authenticity—the idea of being “true to one’s self”—is that its somewhat checkered reputation garners a complete range of favorable and unfavorable reactions. In educational settings, authenticity is lauded as one of the top two traits students desire in their teachers. Yet, authenticity is criticized for its tendency towards narcissism and self-entitlement. So, is authenticity a good or a bad thing? The purpose of this article is to develop an intimate understanding of authenticity by investigating its current interpretation (...) and criticisms, its struggle with narcissism and relation to freedom. Examining authenticity as multilayered self-exploration reveals a composite of understanding, care, and acceptance. While a side current of acceptable tension shifts our understanding of authenticity from the security of self-determination to the messy interplay involved in being “true to one’s self” and being “in-the-world”. (shrink)

Drawing on work of the past decade, this volume brings together articles from the philosophy, history, and sociology of science, and many other branches of the biological sciences. The volume delves into the latest theoretical controversies as well as burning questions of contemporary social importance. The issues considered include the nature of evolutionary theory, biology and ethics, the challenge from religion, and the social implications of biology today (in particular the Human Genome Project).

Ethical debates about assisted dying typically assume that only medical professionals should be able to provide patients with assisted dying. This assumption partially rests on the unstated principle that assisted dying providers may not be motivated by pecuniary considerations. Here I outline and defend a mixed provider model of assisted dying provision that contests this principle. Under this model, medically competent non-physician professionals could receive fees for providing assisted dying under the same terms and conditions as physicians can in those (...) juris- dictions where medically assisted dying is lawful. The mixed provider model blunts objections to assisted dying rooted in supposed clashes with medical values. In addition to generating a market likely to expand access to assisted dying, the mixed provider model would not create markets that are unjust because they are “noxious” in Satz’ sense or because they raise “semiotic” concerns about the value of human life. (shrink)

Editorial NoteThis paper was read by Michael Dummett at Leiden University on September 26, 1992 at the invitation by Göran Sundholm to address the topic mentioned in the title. Dummett’s lecture was part of a workshop, Meaning Theory and Intuitionism, with 12 invited speakers over three days. After the workshop, Dummett gave a copy of the manuscript to Sundholm together with permission to publish it. At the time, nothing came of the publication plans, nor did Dummett publish it in (...) any other form. The text has remained virtually unknown, and apart from a lecture of Per Martin-Löf, also at Leiden, on the same topic, it has received no scholarly attention. We are indebted to Dummett’s literary executor, Professor Ian Rumfitt, of All Souls College, Oxford, who after nearly three decades confirmed the earlier permission to publish.Göran SundholmAnsten Klev. (shrink)