ABSTRACT:Increasingly, global businesses are confronted with the question of complicity in human rights violations committed by abusive host governments. This contribution specifically looks at silent complicity and the way it challenges conventional interpretations of corporate responsibility. Silent complicity implies that corporations have moral obligations that reach beyond the negative realm of doing no harm. Essentially, it implies that corporations have a moral responsibility to help protect human rights by putting pressure on perpetrating host governments involved in human rights abuses. This (...) is a controversial claim, which this contribution proposes to analyze with a view to understanding and determining the underlying conditions that need to be met in order for moral agents to be said to have such responsibilities in the category of the duty to protect human rights. (shrink)

ABSTRACT:Increasingly, global businesses are confronted with the question of complicity in human rights violations committed by abusive host governments. This contribution specifically looks at silent complicity and the way it challenges conventional interpretations of corporate responsibility. Silent complicity implies that corporations have moral obligations that reach beyond the negative realm of doing no harm. Essentially, it implies that corporations have a moral responsibility to help protect human rights by putting pressure on perpetrating host governments involved in human rights abuses. This (...) is a controversial claim, which this contribution proposes to analyze with a view to understanding and determining the underlying conditions that need to be met in order for moral agents to be said to have such responsibilities in the category of the duty to protect human rights. (shrink)

In his invited essay for Business & Society’s 60th anniversary, Archie B. Carroll refers to human rights as “a topic that holds considerable promise for CSR [corporate social responsibility] researchers in the future.” The objective of this article is to unpack this promise. We discuss the momentum of business and human rights in international policy, national regulation, and corporate practice, review how and why BHR scholarship has been thriving, provide a conceptual framework to analyze how BHR and corporate social responsibility (...) relate to each other, and provide a research agenda outlining how BHR can expand business and society scholarship in general and one of its foundational constructs, CSR, in particular, beyond the current confines of the business and society field. (shrink)

ABSTRACT:Do corporations have a duty to promote just institutions? Agreeing with Hsieh’s recent contribution, this article argues that they do. However, contrary to Hsieh, it holds that such a claim cannot be advanced convincingly only by reference to the negative duty to do no harm. Instead, such a duty necessarily must be grounded in positive obligation. In the search of a foundation for a positive duty for corporations to further just institutions, Stephen Kobrin’s notion of “private political authority” offers a (...) promising connecting point. Political authority implies political responsibility; Political obligation, however, includes more than merely not doing any harm—it is essentially positive obligation. The implications of the new political responsibilities of multinational corporations may even go far beyond the particular duty to promote just institutions; they may be symptomatic for a much more profound shift from an individual to a collective age. (shrink)

More and more companies are publicly taking a stand on social and political issues such as gay marriage legislation. This paper argues that this type of engagement, which can be called “corporate political advocacy,” raises new conceptual and normative challenges especially for theories of corporate responsibility. Furthermore, it poses practical challenges for managers who are confronted with it. This paper addresses all three challenges: first, it defines and conceptualizes corporate political advocacy and distinguishes it from other forms of corporate political (...) involvement. Second, it makes normative sense of corporate advocacy as an element of corporate responsibility. Third, it reflects on the practical implications for managers dealing with this issue. (shrink)

During the last years, there has been an increasing discussion on the role of business in human rights violations and an increase in human rights litigation against companies. The result of human rights litigation has been rather disillusioning because no corporation has been found guilty and most cases have been dismissed. We argue that it may nevertheless be a useful instrument for the advancement of the business and human rights agenda. We examine the determinants of successful human rights litigation in (...) terms of judicial, educational, and regulatory effects. This article reviews more than 40 corporate foreign direct liability cases and their effects on corporate human rights policies and conduct. The review shows that most corporations adjusted their human rights policies and adopted additional measures to cope with human rights issues during or shortly after the legal proceedings. Opening legal channels for human rights litigation may be one way for governments to incentivize firms to respect human rights. These findings have implications for the United Nations Guiding Principles on Business and Human Rights as well as on our interpretation of the most recent U.S. Supreme Court decision in Kiobel v. Shell. (shrink)

In this article, I will argue that it is time to rethink and reconfigure some of the established assumptions underlying our conception of moral responsibility. Specifically, there is a mismatch between the individualism of our common sense morality and the imperative for collaborative responses to global problems in what I will call the “collective age.” This must have an impact also on the way we think about the responsibility of corporations. I will argue that most plausibly we ought to reframe (...) corporate responsibility as a conception of collaborative responsibility. Such a conception of collaborative responsibility is characterized by five key elements: first, it is based on the moral imperative for collaboration. Second, it shifts emphasis from commission to omission. Third, it is not only negative but also, and perhaps essentially, positive responsibility. Fourth, it is political responsibility. And finally, it is, most basically, human rights responsibility. (shrink)

ABSTRACT:Do corporations have a duty to promote just institutions? Agreeing with Hsieh’s recent contribution, this article argues that they do. However, contrary to Hsieh, it holds that such a claim cannot be advanced convincingly only by reference to the negative duty to do no harm. Instead, such a duty necessarily must be grounded in positive obligation. In the search of a foundation for a positive duty for corporations to further just institutions, Stephen Kobrin’s notion of “private political authority” offers a (...) promising connecting point. Political authority implies political responsibility; Political obligation, however, includes more than merely not doing any harm—it is essentially positive obligation. The implications of the new political responsibilities of multinational corporations may even go far beyond the particular duty to promote just institutions; they may be symptomatic for a much more profound shift from an individual to a collective age. (shrink)

Neoliberal globalization has not yielded the results it promised; global inequality has risen, poverty and hunger are still prevailing in large parts of this world. If this devastating situation shall be improved, economists must talk less about economic growth and more about people's rights. The use of the language of rights will be key for making the economy work more in favor of the least advantaged in this world. Not only will it provide us with the vocabulary necessary to reframe (...) such pressing global problems and to find adequate economic solutions; it will also deliver the basis for deriving according duties and duty-bearers - the language of rights is congruent with the language of justice and as such it is inevitably and at the same time the language of obligations. The language of obligations exposes the multinational corporation as one of the main agents of justice in the global economy. Taking distributive justice as a starting point for reflection, a consistent derivation of the multinational's moral obligations must focus on capabilities rather than on causality. This will lead to a shift from merely passive to active duties and accordingly to a stronger emphasis on the corporation's contribution to the realization of positive rights. (shrink)

Recent years have heralded increasing attention to the role of multinational corporations in regard to human rights violations. The concept of complicity has been of particular interest in this regard. This article explores the conceptual differences between silent complicity in particular and other, more "conventional" forms of complicity. Despite their far-reaching normative implications, these differences are often overlooked.Rather than being connected to specific actions as is the case for other forms of complicity, the concept of silent complicity is tied to (...) the identity, or the moral stature of the accomplice. More specifically, it helps us expose multinational corporations in positions of political authority. Political authority breeds political responsibility.Thus, corporate responsibility in regard to human rights may go beyond "doing no harm" and include apositive obligation to protect. Making sense of this duty leads to a discussion of the scope and limits of legitimate human rights advocacy by corporations. (shrink)

Neoliberal globalization has not yielded the results it promised; global inequality has risen, poverty and hunger are still prevailing in large parts of this world. If this devastating situation shall be improved, economists must talk less about economic growth and more about people’s rights. The use of the language of rights will be key for making the economy work more in favor of the least advantaged in this world. Not only will it provide us with the vocabulary necessary to reframe (...) such pressing global problems and to find adequate economic solutions; it will also deliver the basis for deriving according duties and duty-bearers – the language of rights is congruent with the language of justice and as such it is inevitably and at the same time the language of obligations. The language of obligations exposes the multinational corporation as one of the main agents of justice in the global economy. Taking distributive justice as a starting point for reflection, a consistent derivation of the multinational’s moral obligations must focus on capabilities rather than on causality. This will lead to a shift from merely passive to active duties and accordingly to a stronger emphasis on the corporation’s contribution to the realization of positive rights. (shrink)

Moral repair is an important way for firms to heal moral relationships with stakeholders following a transgression. The concept is rooted in recognition theory, which is often used to develop normative perspectives and prescriptions, but the same theory has also propelled a view of moral repair as premised on negotiation between offender and victim(s), which involves the complex social construction of the transgression and the appropriate amends. The tension between normative principles and socioconstructivist implementation begs the question how offending firms (...) should approach moral repair. Addressing this question, we develop a two-level conceptualization of moral repair, distinguishing between procedural and substantive levels of practice, which accommodate normativity and socioconstructivism, respectively. In so doing, we enrich the literature by 1) promoting conceptual clarity, 2) refining understanding of the moral repair process, and 3) suggesting the use of a unified, configurational approach to studying (nonlinear) relations between amends and moral outcomes. (shrink)

Responsible business conduct (RBC)—the corporate activities and initiatives that proactively address corporate involvement in human rights, environmental, and governance threats—has become an increasingly used means to counteract and prevent adverse effects of global businesses. Unlike other business sectors whose adverse impacts and RBC efforts (or lack thereof) are well documented, a comprehensive understanding of the state of commodity trading (CT), has been missing. In response, this paper uses a multidisciplinary literature review to provide an integrative understanding of the current state (...) of research on the relationship between CT and RBC. Based on a review of 131 articles, we advance a granular understanding of the current and prospective role of commodity traders in RBC by grouping extant research into three overarching themes: (1) industry self-regulation and co-regulatory initiatives, (2) government-led regulatory initiatives and policy responses, and (3) company-level management strategies impacting RBC practices. In addition to illustrating the themes through existing research and identifying gaps along the overarching themes, we use our literature review to suggest avenues for future research. The paper’s overarching contribution is, first, to synthesize previously fragmented findings into a coherent framework of CT and RBC. And second, to offer guidance on how scholarship in this important domain can be developed into a more mature, legitimate and practical stream of research. (shrink)

Increasingly, global businesses are confronted with the question of complicity in human rights violations committed by abusive host governments. This contribution specifically looks at silent complicity and the way it challenges conventional interpretations of corporate responsibility. Silent complicity impliesthat corporations have moral obligations that reach beyond the negative realm of doing no harm. Essentially, it implies that corporations have a moral responsibility to help protect human rights by putting pressure on perpetrating host governments involved in human rights abuses. This is (...) a controversial claim, which this contribution proposes to analyze with a view to understanding and determining the underlying conditions that need to be met in order for moral agents to be said to have such responsibilities in the category of the duty to protect human rights. (shrink)

This anthology of essays on the work of David Kaplan, a leading contemporary philosopher of language, sprang from a conference, "Themes from Kaplan," organized by the Center for the Study of Language and Information at Stanford University.

Responding to recent concerns about the reliability of the published literature in psychology and other disciplines, we formed the X-Phi Replicability Project to estimate the reproducibility of experimental philosophy. Drawing on a representative sample of 40 x-phi studies published between 2003 and 2015, we enlisted 20 research teams across 8 countries to conduct a high-quality replication of each study in order to compare the results to the original published findings. We found that x-phi studies – as represented in our sample (...) – successfully replicated about 70% of the time. We discuss possible reasons for this relatively high replication rate in the field of experimental philosophy and offer suggestions for best research practices going forward. (shrink)

This paper provides a comprehensive review of the experimental philosophy of action, focusing on the various different accounts of the Knobe Effect.

Since at least Hume and Kant, philosophers working on the nature of aesthetic judgment have generally agreed that common sense does not treat aesthetic judgments in the same way as typical expressions of subjective preferences—rather, it endows them with intersubjective validity, the property of being right or wrong regardless of disagreement. Moreover, this apparent intersubjective validity has been taken to constitute one of the main explananda for philosophical accounts of aesthetic judgment. But is it really the case that most people (...) spontaneously treat aesthetic judgments as having intersubjective validity? In this paper, we report the results of a cross‐cultural study with over 2,000 respondents spanning 19 countries. Despite significant geographical variations, these results suggest that most people do not treat their own aesthetic judgments as having intersubjective validity. We conclude by discussing the implications of our findings for theories of aesthetic judgment and the purpose of aesthetics in general. (shrink)

In the past decade, experimental philosophy---the attempt at making progress on philosophical problems using empirical methods---has thrived in a wide range of domains. However, only in recent years has aesthetics succeeded in drawing the attention of experimental philosophers. The present paper constitutes the first survey of these works and of the nascent field of 'experimental philosophy of aesthetics'. We present both recent experimental works by philosophers on topics such as the ontology of aesthetics, aesthetic epistemology, aesthetic concepts, and imagination, as (...) well as research from other disciplines that not only are relevant to philosophy of aesthetics but also open new avenues of research for experimental philosophy of aesthetics. Overall, we conclude that the birth of an experimental philosophy of aesthetics is good news not only for aesthetics but also for experimental philosophy itself, as it contributes to broaden the scope of experimental philosophy. (shrink)

We challenge an argument that aims to support Aesthetic Realism by claiming, first, that common sense is realist about aesthetic judgments because it considers that aesthetic judgments can be right or wrong, and, second, that becauseAesthetic Realism comes from and accounts for “folk aesthetics,” it is the best aesthetic theory available.We empirically evaluate this argument by probing whether ordinary people with no training whatsoever in the subtle debates of aesthetic philosophy consider their aesthetic judgments as right or wrong. Having shown (...) that the results do not support the main premise of the argument, we discuss the consequences for Aesthetic Realism and address possible objections to our study. (shrink)

Studying the folk concept of intentional action, Knobe (2003a) discovered a puzzling asymmetry: most people consider some bad side effects as intentional while they consider some good side effects as unintentional. In this study, we extend these findings with new experiments. The first experiment shows that the very same effect can be found in ascriptions of intentionality in the case of means for action. The second and third experiments show that means are nevertheless generally judged more intentional than side effects, (...) and that people do take into account the structure of the action when ascribing intentionality. We then discuss a number of hypotheses that can account for these data, using reactions times from our first experiment. (shrink)

If feeling a genuine emotion requires believing that its object actually exists, and if this is a belief we are unlikely to have about fictional entities, then how could we feel genuine emotions towards these entities? This question lies at the core of the paradox of fiction. Since its original formulation, this paradox has generated a substantial literature. Until recently, the dominant strategy had consisted in trying to solve it. Yet, it is more and more frequent for scholars to try (...) to dismiss it using data and theories coming from psychology. In opposition to this trend, the present paper argues that the paradox of fiction cannot be dissolved in the ways recommended by the recent literature. We start by showing how contemporary attempts at dissolving the paradox assume that it emerges from theoretical commitments regarding the nature of emotions. Next, we argue that the paradox of fiction rather emerges from everyday observations, the validity of which is independent from any such commitment. This is why we then go on to claim that a mere appeal to psychology in order to discredit these theoretical commitments cannot dissolve the paradox. We bring our discussion to a close on a more positive note, by exploring how the paradox could in fact be solved by an adequate theory of the emotions. (shrink)

Deep neural networks have become increasingly successful in applications from biology to cosmology to social science. Trained DNNs, moreover, correspond to models that ideally allow the prediction of new phenomena. Building in part on the literature on ‘eXplainable AI’, I here argue that these models are instrumental in a sense that makes them non-explanatory, and that their automated generation is opaque in a unique way. This combination implies the possibility of an unprecedented gap between discovery and explanation: When unsupervised models (...) are successfully used in exploratory contexts, scientists face a whole new challenge in forming the concepts required for understanding underlying mechanisms. (shrink)

One of the goals of computerized tutoring systems is to optimize the learning of facts. Over a hundred years of declarative memory research have identified two robust effects that can improve such systems: the spacing and the testing effect. By making optimal use of both and adjusting the system to the individual learner using cognitive models based on declarative memory theories, such systems consistently outperform traditional methods. This adjustment process is driven by a continuously updated estimate of the rate of (...) forgetting for each item and learner on the basis of the learner's accuracy and response time. In this study, we investigated to what extent these estimates of individual rates of forgetting are stable over time and across different materials. We demonstrate that they are stable over time but not across materials. Even though most theories of human declarative memory assume a single underlying rate of forgetting, we show that, in practice, it makes sense to assume different materials are forgotten at different rates. If a computerized, adaptive fact-learning system allowed different rates of forgetting for different materials, it could adapt to individual learners more readily. (shrink)

Manipulation arguments that start from the intuition that manipulated agents are neither free nor morally responsible then conclude to that free will and moral responsibility are incompatible with determinism. The Zygote argument is a special case of Manipulation argument in which the manipulation intervenes at the very conception of the agent. In this paper, I argue that the Zygote argument fails because (i) very few people share the basic intuitions the argument rests on, and (ii) even those who share this (...) intuition do so for reasons that are unrelated to determinism. Rather, I argue that intuitions about the Zygote argument (and Manipulation arguments in general) are driven by people's intuitions about the deep self, as shown by the fact that intuitions about manipulated agents depend on the moral value of the agent's behavior. (shrink)

We challenge an argument that aims to support Aesthetic Realism by claiming, first, that common sense is realist about aesthetic judgments because it considers that aesthetic judgments can be right or wrong, and, second, that becauseAesthetic Realism comes from and accounts for “folk aesthetics,” it is the best aesthetic theory available.We empirically evaluate this argument by probing whether ordinary people with no training whatsoever in the subtle debates of aesthetic philosophy consider their aesthetic judgments as right or wrong. Having shown (...) that the results do not support the main premise of the argument, we discuss the consequences for Aesthetic Realism and address possible objections to our study. (shrink)

The debate over whether free will and determinism are compatible is controversial, and produces wide scholarly discussion. This paper argues that recent studies in experimental philosophy suggest that people are in fact “natural compatibilists”. To support this claim, it surveys the experimental literature bearing directly or indirectly upon this issue, before pointing to three possible limitations of this claim. However, notwithstanding these limitations, the investigation concludes that the existing empirical evidence seems to support the view that most people have compatibilist (...) intuitions. (shrink)

Do laypeople think that moral responsibility is compatible with determinism? Recently, philosophers and psychologists trying to answer this question have found contradictory results: while some experiments reveal people to have compatibilist intuitions, others suggest that people could in fact be incompatibilist. To account for this contradictory answers, Nichols and Knobe (2007) have advanced a ‘performance error model’ according to which people are genuine incompatibilist that are sometimes biased to give compatibilist answers by emotional reactions. To test for this hypothesis, we (...) investigated intuitions about determinism and moral responsibility in patients suffering from behavioural frontotemporal dementia. Patients suffering from bvFTD have impoverished emotional reaction. Thus, the ‘performance error model’ should predict that bvFTD patients will give less compatibilist answers. However, we found that bvFTD patients give answers quite similar to subjects in control group and were mostly compatibilist. Thus, we conclude that the ‘performance error model’ should be abandoned in favour of other available model that best fit our data. (shrink)

Experimental philosophy has blossomed into a variety of philosophical fields including ethics, epistemology, metaphysics and philosophy of language. But there has been very little experimental philosophical research in the domain of philosophical aesthetics. Advances to Experimental Philosophy of Aesthetics introduces this burgeoning research field, presenting it both in its unity and diversity, and determining the nature and methods of an experimental philosophy of aesthetics. Addressing a wide variety of empirical claims that are of interest to philosophers and psychologists, a team (...) of authors from different disciplines tackle traditional and new problems in aesthetics, including the nature of aesthetic properties and norms, the possibility of aesthetic testimony, the role of emotions and moral judgment in art appreciation, the link between art and language, and the role of intuitions in philosophical aesthetics. Interacting with other disciplines such as moral psychology and linguistics, it demonstrates how philosophical aesthetics can integrate empirical methods and discover new ways of approaching core problems. Advances to Experimental Philosophy of Aesthetics is an important contribution to understanding aesthetics in the 21st century. (shrink)

‘Frankfurt-style cases’ (FSCs) are widely considered as having refuted the Principle of Alternate Possibilities (PAP) by presenting cases in which an agent is morally responsible even if he could not have done otherwise. However, Neil Levy (J Philos 105:223–239, 2008) has recently argued that FSCs fail because we are not entitled to suppose that the agent is morally responsible, given that the mere presence of a counterfactual intervener is enough to make an agent lose responsibility-grounding abilities. Here, I distinguish two (...) kinds of Frankfurt counter-arguments against the PAP: the direct and the indirect counter-arguments. I then argue that Levy’s argument, if valid, can shed doubt on the indirect argument but leaves the direct argument untouched. I conclude that FSCs can still do their job, even if we grant that the mere presence of a counterfactual intervener can modify an agent’s abilities. (shrink)

One of the goals of computerized tutoring systems is to optimize the learning of facts. Over a hundred years of declarative memory research have identified two robust effects that can improve such systems: the spacing and the testing effect. By making optimal use of both and adjusting the system to the individual learner using cognitive models based on declarative memory theories, such systems consistently outperform traditional methods (Van Rijn, Van Maanen, & Van Woudenberg, 2009). This adjustment process is driven by (...) a continuously updated estimate of the rate of forgetting for each item and learner on the basis of the learner's accuracy and response time. In this study, we investigated to what extent these estimates of individual rates of forgetting are stable over time and across different materials. We demonstrate that they are stable over time but not across materials. Even though most theories of human declarative memory assume a single underlying rate of forgetting, we show that, in practice, it makes sense to assume different materials are forgotten at different rates. If a computerized, adaptive fact‐learning system allowed different rates of forgetting for different materials, it could adapt to individual learners more readily. (shrink)

Computer simulations are nowadays often directly involved in the generation of experimental results. Given this dependency of experiments on computer simulations, that of simulations on models, and that of the models on free parameters, how do researchers establish trust in their experimental results? Using high-energy physics (HEP) as a case study, I will identify three different types of robustness that I call conceptual, methodological, and parametric robustness, and show how they can sanction this trust. However, as I will also show, (...) simulation models in HEP themselves fail to exhibit a type of robustness I call inverse parametric robustness. This combination of robustness and failures thereof is best understood by distinguishing different epistemic capacities of simulations and different senses of trust: Trusting simulations in their capacity to facilitate credible experimental results can mean accepting them as means for generating belief in these results, while this need not imply believing the models themselves in their capacity to represent an underlying reality. (shrink)

In this paper, we pursue three general aims: (I) We will define a notion of fundamental opacity and ask whether it can be found in High Energy Physics (HEP), given the involvement of machine learning (ML) and computer simulations (CS) therein. (II) We identify two kinds of non-fundamental, contingent opacity associated with CS and ML in HEP respectively, and ask whether, and if so how, they may be overcome. (III) We address the question of whether any kind of opacity, contingent (...) or fundamental, is unique to ML or CS, or whether they stand in continuity to kinds of opacity associated with other scientific research. (shrink)

Does phenomenal consciousness overflow access consciousness? Some researchers have claimed that it does, relying on interpretations of various psychological experiments such as Sperling's or Landman's, and crucially using alleged subjective reports from participants to argue in favor of these interpretations. However, systematic empirical investigations of participants' subjective reports are scarce. To fill this gap, we reproduced Sperling's and Landman's experiments, and carefully collected reports made by subjects about their own experiences, using questionnaires and interviews. We found that participants' subjective reports (...) do not support the overflow thesis, but rather suggest alternative interpretations of the experiments. (shrink)