Legal issues have long been a prominent part of the discourse of business ethics. This widespread attention to legal questions within business ethics arises primarily because specific legal issues are as a practical matter often intertwined with prominent ethical issues occurring in the workplace. Many of the central issues of business ethics—issues such as whistle blowing, insider trading, and workplace privacy—have significant legal dimensions.But this widespread attention to specific legal issues obscures a more significant deficiency within business ethics. This deficiency (...) relates to the consideration of law at a much more fundamental level. Business ethics lacks any developed awareness of the images of law within its discourse.Unlike jurisprudence, the field of business ethics has little in the way of fully developed models or concepts of law. Rather, ourunderstanding of the law here exists more at the level of images—general, unreflected-upon depictions of the law, determinate in someaspects, indeterminate in others.Such images are epistemologically potent, containing unexamined assumptions and exerting an often unrecognized influence over the development of our knowledge. As such, they deserve our attention, especially within a newly evolving field such as business ethics. Of particular importance to business ethics is how such images portray the relation of law to ethics. (shrink)

Raising the issue of corporate moral agency in our examination of the morality of corporate speech is important for two fundamentalreasons. Each reason suggests we exercise caution in conflating corporations and individuals as the law often does. First, raising the issue of corporate moral agency is important to the aim of providing a framework for ethically evaluating corporate speech. It is tempting to proceed as if the nature of corporate speech is self-evident. But this is hardly the case. Corporations are (...) not natural persons, and we mustn’t assume corporate speech is indistinguishable from human speech. Before we can ethically evaluate corporate speech, we must first clarify what corporate speech is. This requires an understanding of the fundamental nature of the corporate entity, including its moral status. Second, raising the issue of corporate moral agency is important if we wish to promotemorally responsible corporate speech. Any diminished moral capacity on the corporation’s part would suggest a core role for the strong legal reinforcement of any ethical aspirations here. In promoting morally responsible corporate speech, ethical injunctions uncoupled from an effective legal regime may hold only limited promise. (shrink)

The question of legal optimism presupposes the development of a normative stance regarding the law’s evolution. Only with a sense of where the law should be going can one be optimistic—or pessimistic for that matter—regarding its development. Thus, the possibility of legal optimism depends on disclosing the normative stance toward the law’s evolution suggested by the law’s moral creativity. What we need is a legal theory for civil society analogous to our legal theory of the market.

Raising the issue of corporate moral agency in our examination of the morality of corporate speech is important for two fundamentalreasons. Each reason suggests we exercise caution in conflating corporations and individuals as the law often does. First, raising the issue of corporate moral agency is important to the aim of providing a framework for ethically evaluating corporate speech. It is tempting to proceed as if the nature of corporate speech is self-evident. But this is hardly the case. Corporations are (...) not natural persons, and we mustn’t assume corporate speech is indistinguishable from human speech. Before we can ethically evaluate corporate speech, we must first clarify what corporate speech is. This requires an understanding of the fundamental nature of the corporate entity, including its moral status. Second, raising the issue of corporate moral agency is important if we wish to promotemorally responsible corporate speech. Any diminished moral capacity on the corporation’s part would suggest a core role for the strong legal reinforcement of any ethical aspirations here. In promoting morally responsible corporate speech, ethical injunctions uncoupled from an effective legal regime may hold only limited promise. (shrink)

The article begins with a view of recent developments in the discipline of business law. A model useful in the study of business ethics is presented. Business ethics is the philosophical examination of the body of values and conceptions that influence business decision making as well as being pervasive components of the social environment in which businesses operate. Our model is a four-part framework for approaching business ethics which is sensitive to its implications for business law. The model's four parts (...) are: (1) ethical theory, (2) institutional frameworks, (3) organizational cultures, and (4) individual moral choice and responsibility. Topics, issues, and kinds of material appropriate for approaching each of these four are presented, and a list of scholarly articles, books, and court cases, is included as a source of additional classroom material. (shrink)

Corporate legal scholarship has failed in fundamental ways to grasp the ethical significance of corporate law and policy. While the broader economic and social consequences of particular legal developments are routinely debated, too little reflection is given to how such developments affect the moral quality of individual lives within the corporate hierarchy. What is needed is a framework for illuminating the interaction between developments in corporate legal doctrine and the ethical choices of corporate managers. The ethical significance of corporate law (...) derives from two key factors. First, the corporation as an organization mediates between individuals in the corporate hierarchy and their ethical responsibilities. Second, the organizational choices and decision-making structure of the corporation are to a significant degree the product of corporate law. (shrink)

Our world is faced with complex challenges that include poverty, hunger, lack of education, gender inequality, sustainability, and climate change. These issues cannot be addressed by government action alone and requires the business world play an important role. Despite the many effort of companies to address social responsibility in the last decade however, capitalism continues to suffer a crisis of trust. Many organizations lack the awareness, mindset, frameworks, and knowledge to efficiently and effectively make progress in providing solutions to these (...) systemic challenges, while also ensuring business performance. The authors argue that business schools are uniquely positioned and have a responsibility to contribute to this cause as educators of the business leaders of tomorrow. A landscape survey of social entrepreneurship / social innovation education with 66 institutions of higher education and in-depth interviews with 8 social intrapreneurs from diverse career tracks reveals significant challenges as well as opportunities for creating this paradigm shift in business schools. This research uses insights from these two studies to provide an overview of the current state of SE/SI in business education and provides recommendations for institutions of higher education to pave a pathway forward for future leaders who will use business to create positive social change. (shrink)

Our world is faced with complex challenges that include poverty, hunger, lack of education, gender inequality, sustainability, and climate change. These issues cannot be addressed by government action alone and requires the business world play an important role. Despite the many effort of companies to address social responsibility in the last decade however, capitalism continues to suffer a crisis of trust. Many organizations lack the awareness, mindset, frameworks, and knowledge to efficiently and effectively make progress in providing solutions to these (...) systemic challenges, while also ensuring business performance. The authors argue that business schools are uniquely positioned and have a responsibility to contribute to this cause as educators of the business leaders of tomorrow. A landscape survey of social entrepreneurship / social innovation education with 66 institutions of higher education and in-depth interviews with 8 social intrapreneurs from diverse career tracks reveals significant challenges as well as opportunities for creating this paradigm shift in business schools. This research uses insights from these two studies to provide an overview of the current state of SE/SI in business education and provides recommendations for institutions of higher education to pave a pathway forward for future leaders who will use business to create positive social change. (shrink)

Joining the dialogue on the relationship between the law and business ethics, Jeffrey Nesteruk and Eric W. Orts have offeredconceptions of the law as a positive influence rather than a negative curb on corporate behavior. While these “legal optimists” pursue anoble end in promoting higher ethical standards for corporations through the law, they may be overly optimistic in their suggestion that these more skillfully wielded legal models will influence corporate behavior for the better. Reviewing the basic tenets of (...) their two approaches, this paper uses corporate responses to environmental statutes to suggest that while legal optimism may offer hope for promoting corporate ethics, it has definite limitations in its current stage of development. (shrink)

Joining the dialogue on the relationship between the law and business ethics, Jeffrey Nesteruk and Eric W. Orts have offeredconceptions of the law as a positive influence rather than a negative curb on corporate behavior. While these “legal optimists” pursue anoble end in promoting higher ethical standards for corporations through the law, they may be overly optimistic in their suggestion that these more skillfully wielded legal models will influence corporate behavior for the better. Reviewing the basic tenets of (...) their two approaches, this paper uses corporate responses to environmental statutes to suggest that while legal optimism may offer hope for promoting corporate ethics, it has definite limitations in its current stage of development. (shrink)

Abstract:Joining the dialogue on the relationship between the law and business ethics, Jeffrey Nesteruk and Eric W. Orts have offered conceptions of the law as a positive influence rather than a negative curb on corporate behavior. While these “legal optimists” pursue a noble end in promoting higher ethical standards for corporations through the law, they may be overly optimistic in their suggestion that these more skillfully wielded legal models will influence corporate behavior for the better. Reviewing the basic (...) tenets of their two approaches, this paper uses corporate responses to environmental statutes to suggest that while legal optimism may offer hope for promoting corporate ethics, it has definite limitations in its current stage of development. (shrink)

That believing truly as a matter of luck does not generally constitute knowing has become epistemic commonplace. Accounts of knowledge incorporating this anti-luck idea frequently rely on one or another of a safety or sensitivity condition. Sensitivity-based accounts of knowledge have a well-known problem with necessary truths, to wit, that any believed necessary truth trivially counts as knowledge on such accounts. In this paper, we argue that safety-based accounts similarly trivialize knowledge of necessary truths and that two ways of responding (...) to this problem for safety, issuing from work by Williamson and Pritchard, are of dubious success. (shrink)

Followers of Wittgenstein allegedly once held that a meaningful claim to know that p could only be made if there was some doubt about the truth of p. The correct response to this thesis involved appealing to the distinction between the semantic content of a sentence and features attaching to its use. It is inappropriate to assert a knowledge-claim unless someone in the audience has doubt about what the speaker claims to know. But this fact has nothing to do with (...) the semantic content of knowledgeascriptions; it is entirely explicable by appeal to pragmatic facts about felicitous assertion. (shrink)

Richard Jeffrey is beyond dispute one of the most distinguished and influential philosophers working in the field of decision theory and the theory of knowledge. His work is distinctive in showing the interplay of epistemological concerns with probability and utility theory. Not only has he made use of standard probabilistic and decision theoretic tools to clarify concepts of evidential support and informed choice, he has also proposed significant modifications of the standard Bayesian position in order that it provide a (...) better fit with actual human experience. Probability logic is viewed not as a source of judgment but as a framework for explaining the implications of probabilistic judgments and their mutual compatability. This collection of essays spans a period of some 35 years and includes what have become some of the classic works in the literature. There is also one completely new piece, while in many instances Jeffrey includes afterthoughts on the older essays. (shrink)

Could space consist entirely of extended regions, without any regions shaped like points, lines, or surfaces? Peter Forrest and Frank Arntzenius have independently raised a paradox of size for space like this, drawing on a construction of Cantor’s. I present a new version of this argument and explore possible lines of response.

There are two main ways in which things with minds, like us, differ from things without minds, like tables and chairs. First, we are conscious--there is something that it is like to be us. We instantiate phenomenal properties. Second, we represent, in various ways, our world as being certain ways. We instantiate representational properties. Jeff Speaks attempts to make progress on three questions: What are phenomenal properties? What are representational properties? How are the phenomenal and the representational related?

The Face of the Other and the Trace of God contain essays on the philosophy of Emmanuel Levinas, and how his philosophy intersects with that of other philosophers, particularly Husserl, Kierkegaard, Sartre, and Derrida. This collection is broadly divided into two parts: relations with the other, and the questions of God.

Certain realists about properties and relations identify them with universals. Furthermore, some hold that for a wide range of meaningful predicates, the semantic contribution to the propositions expressed by the sentences in which those predicates figure is the universal expressed by the predicate. I here address ontological issues raised by predicates first introduced to us via works of fiction and whether the universal realist should accept that any such predicates express universals. After assessing arguments by Braun, D. and Sawyer, S. (...) for fictional universal anti-realism, I propose a novel, Kripke-inspired argument for the same conclusion. I ultimately defend the claim that while this argument presents the strongest case for fictional universal anti-realism, it is nonetheless unsound. I conclude that nothing stands in the way of accepting that some fictional predicates express fictional universals. (shrink)

People with the kind of preferences that give rise to the St. Petersburg paradox are problematic---but not because there is anything wrong with infinite utilities. Rather, such people cannot assign the St. Petersburg gamble any value that any kind of outcome could possibly have. Their preferences also violate an infinitary generalization of Savage's Sure Thing Principle, which we call the *Countable Sure Thing Principle*, as well as an infinitary generalization of von Neumann and Morgenstern's Independence axiom, which we call *Countable (...) Independence*. In violating these principles, they display foibles like those of people who deviate from standard expected utility theory in more mundane cases: they choose dominated strategies, pay to avoid information, and reject expert advice. We precisely characterize the preference relations that satisfy Countable Independence in several equivalent ways: a structural constraint on preferences, a representation theorem, and the principle we began with, that every prospect has a value that some outcome could have. (shrink)

This book offers a concise survey of basic probability theory from a thoroughly subjective point of view whereby probability is a mode of judgment. Written by one of the greatest figures in the field of probability theory, the book is both a summation and synthesis of a lifetime of wrestling with these problems and issues. After an introduction to basic probability theory, there are chapters on scientific hypothesis-testing, on changing your mind in response to generally uncertain observations, on expectations of (...) the values of random variables, on de Finetti's dissolution of the so-called problem of induction, and on decision theory. (shrink)

Decision theorists widely accept a stochastic dominance principle: roughly, if a risky prospect A is at least as probable as another prospect B to result in something at least as good, then A is at least as good as B. Recently, philosophers have applied this principle even in contexts where the values of possible outcomes do not have the structure of the real numbers: this includes cases of incommensurable values and cases of infinite values. But in these contexts the usual (...) formulation of stochastic dominance is wrong. We show this with several counterexamples. Still, the motivating idea behind stochastic dominance is a good one: it is supposed to provide a way of applying dominance reasoning in the stochastic context of probability distributions. We give two new formulations of stochastic dominance that are more faithful to this guiding idea, and prove that they are equivalent. (shrink)

Few notions are more central to Aquinas’s thought than those of matter and form. Although he invokes these notions in a number of different contexts, and puts them to a number of different uses, he always assumes that in their primary or basic sense they are correlative both with each other and with the notion of a “hylomorphic compound”—that is, a compound of matter (hyle) and form (morphe). Thus, matter is an entity that can have form, form is an entity (...) that can be had by matter, and a hylomorphic compound is an entity that exists when the potentiality of some matter to have form is actualized.1 What is more, Aquinas assumes that the matter of a hylomorphic compound explains certain of its general characteristics, whereas its form explains certain of its more specific characteristics. Thus, the matter of a bronze statue explains the fact that it is bronze, whereas its form explains the fact that it is a statue. Again, the matter of a human being explains the fact that it is a material object, whereas its form explains the specific type of material object it is (namely, human). My aim in this chapter is to provide a systematic introduction to Aquinas’s primary or basic notions of matter and form. To accomplish this aim, I focus on the two main theoretical contexts in which he deploys them—namely, his theory of change and his theory of individuation. In both contexts, as we shall see, Aquinas appeals to matter and form to account for relations of sameness and difference holding between distinct individuals. (shrink)

Jeffrey Barrett presents the most comprehensive study yet of a problem that has puzzled physicists and philosophers since the 1930s.

Eliminativists sometimes invoke evolutionary debunking arguments against ordinary object beliefs, either to help them establish object skepticism or to soften the appeal of commonsense ontology. I argue that object debunkers face a self-defeat problem: their conclusion undermines the scientific support for one of their premises, because evolutionary biology depends on our object beliefs. Using work on reductionism and multiple realizability from the philosophy of science, I argue that it will not suffice for an eliminativist debunker to simply appeal to some (...) object-free surrogate theory of evolution that results from converting any scientific proposition about some object K into a proposition about simples arranged K-wise. In the process, I examine some hazards peculiar to eliminative reductions of scientific theories, and propose a trilemma for eliminativists who attempt to recoup generality for ontologically sparse reducing theories by appealing to pluralities of simples arranged K-wise. The paper is intended to define and develop the object debunker’s self-defeat problem for further study, and to clarify some of the ways sparse and abundant ontologies interact with scientific theory. (shrink)

We prove a representation theorem for preference relations over countably infinite lotteries that satisfy a generalized form of the Independence axiom, without assuming Continuity. The representing space consists of lexicographically ordered transfinite sequences of bounded real numbers. This result is generalized to preference orders on abstract superconvex spaces.

In this original and compelling book, Jeffrey P. Bishop, a philosopher, ethicist, and physician, argues that something has gone sadly amiss in the care of the dying by contemporary medicine and in our social and political views of death, as shaped by our scientific successes and ongoing debates about euthanasia and the "right to die"--or to live. __The Anticipatory Corpse: Medicine, Power, and the Care of the Dying__, informed by Foucault's genealogy of medicine and power as well as by (...) a thorough grasp of current medical practices and medical ethics, argues that a view of people as machines in motion--people as, in effect, temporarily animated corpses with interchangeable parts--has become epistemologically normative for medicine. The dead body is subtly anticipated in our practices of exercising control over the suffering person, whether through technological mastery in the intensive care unit or through the impersonal, quasi-scientific assessments of psychological and spiritual "medicine." The result is a kind of nihilistic attitude toward the dying, and troubling contradictions and absurdities in our practices. Wide-ranging in its examples, from organ donation rules in the United States, to ICU medicine, to "spiritual surveys," to presidential bioethics commissions attempting to define death, and to high-profile cases such as Terri Schiavo's, __The Anticipatory Corpse__ explores the historical, political, and philosophical underpinnings of our care of the dying and, finally, the possibilities of change. A ground-breaking work in bioethics, this book will provoke thought and argument for all those engaged in medicine, philosophy, theology, and health policy. "With extraordinary philosophical sophistication as well as knowledge of modern medicine, Bishop argues that the body that shapes the work of modern medicine is a dead body. He defends this claim decisively with with urgency. I know of no book that is at once more challenging and informative as __The Anticipatory Corpse. __To say this book is the most important one written in the philosophy of medicine in the last twenty-five years would not do it justice. This book is destined to change the way we think and, hopefully, practice medicine." --_Stanley Hauerwas, Duke Divinity School _ "Jeffrey Bishop carefully builds a detailed, scholarly case that medicine is shaped by its attitudes toward death. Clinicians, ethicists, medical educators, policy makers, and administrators need to understand the fraught relationship between clinical practices and death, and __The Anticipatory Corpse __is an essential text. Bishop's use of the writings of Michel Foucault is especially provocative and significant. This book is the closest we have to a genealogy of death." --_Arthur W. Frank, University of Calgary _ "Jeffrey Bishop has produced a masterful study of how the living body has been placed within medicine's metaphysics of efficient causality and within its commitment to a totalizing control of life and death, which control has only been strengthened by medicine's taking on the mantle of a bio-psycho-socio-spiritual model. This volume's treatment of medicine's care of the dying will surely be recognized as a cardinal text in the philosophy of medicine." --_H. Tristram Engelhardt, Jr., Rice University, Baylor College of Medicine_. (shrink)

In the Philosophy of Nature, Hegel describes at length and in detail the particular workings of animal digestion and excretion, referring to the empirical research of his day (Berzelius, Spallanzani, Traviranus). By becoming engaged in the scientific disputes and insights of the time—regarding, for example, the mechanical versus chemical nature of digestion, immediate digestive assimilation and the chemical composition of feces—Hegel arrives at the novel idea that what the animal excretes as superfluous is its own particular entanglement with inorganic otherness. (...) The animal’s subsequent feeling of triumph and satisfaction constitutes the affirmation of individual purposiveness, a form of immediate ideality that Hegel presents as animal subjectivity. (shrink)

Belief in propositions has had a long and distinguished history in analytic philosophy. Three of the founding fathers of analytic philosophy, Gottlob Frege, Bertrand Russell, and G. E. Moore, believed in propositions. Many philosophers since then have shared this belief; and the belief is widely, though certainly not universally, accepted among philosophers today. Among contemporary philosophers who believe in propositions, many, and perhaps even most, take them to be structured entities with individuals, properties, and relations as constituents. For example, the (...) proposition that Glenn loves Tracy has Glenn, the loving relation, and Tracy as constituents. What is it, then, that binds these constituents together and imposes structure on them? And if the proposition that Glenn loves Tracy is distinct from the proposition that Tracy loves Glenn yet both have the same constituents, what is about the way these constituents are structured or bound together that makes them two different propositions? In The Nature and Structure of Content, Jeffrey C. King formulates a detailed account of the metaphysical nature of propositions, and provides fresh answers to the above questions. In addition to explaining what it is that binds together the constituents of structured propositions and imposes structure on them, King deals with some of the standard objections to accounts of propositions: he shows that there is no mystery about what propositions are; that given certain minimal assumptions, it follows that they exist; and that on his approach, we can see how and why propositions manage to have truth conditions and represent the world as being a certain way. The Nature and Structure of Content also contains a detailed account of the nature of tense and modality, and provides a solution to the paradox of analysis. Scholars and students working in the philosophy of mind and language will find this book rewarding reading. (shrink)

Over the past 25 years, no religious institution in America has done more to explore the link between the environment and spirituality than the Cathedral of St. John the Divine. Now, for the first time, a selection of the finest of the Cathedral's ecological sermons appears in a single volume.

Epicureanism after the generation of its founders has been characterised as dogmatic, uncreative and static. But this volume brings together work from leading classicists and philosophers that demonstrates the persistent interplay in the school between historical and contemporary influences from outside the school and a commitment to the founders' authority. The interplay begins with Epicurus himself, who made arresting claims of intellectual independence, yet also admitted to taking over important ideas from predecessors, and displayed more receptivity than is usually thought (...) to those of his contemporaries. The same principles of autonomy and openness figure importantly in the three major areas of focus in these essays: theology, politics and the emotions. (shrink)

Epistemic Consequentialism Consequentialism is the view that, in some sense, rightness is to be understood in terms conducive to goodness. Much of the philosophical discussion concerning consequentialism has focused on moral rightness or obligation or normativity. But there is plausibly also epistemic rightness, epistemic obligation, and epistemic normativity. Epistemic rightness is often denoted with talk … Continue reading Consequentialism Epistemic →.

This paper discusses a puzzle, the heart of which is this question: How is it that real individuals can resemble fictional individuals? It seems that any answer given by one who has taken a stand on the ontology of fictional individuals will come with significant drawbacks. An Anti-Realist will have to explain, or explain away, the apparent truth of our positive assertions of resemblance, while a Realist will have to explain how we are to understand resemblance in light of either (...) the further claim that fictional characters are not associated with properties in the same way real individuals are, or that fictional characters are nonexistent or nonactual. I here survey the different Realist and Anti-Realist strategies in hopes that reflection on (mainly the drawbacks of) each will aid those who are curious about ontologies which may include fictionalia. (shrink)