This chapter contains sections titled: What I s Punishment? Purposes of Punishment An Alternative Theory of Punishment Responsibility References.

Individuals convicted of crimes are often subject to numerous restrictions — on housing, employment, the vote, public assistance, and other goods — well after they have completed their sentences, and in some cases permanently. The question of whether — and if so, when — ex-offender restrictions are morally permissible has received surprisingly little philosophical scrutiny. This article first examines the significance of completing punishment, of paying one's debt to society, and contends that when offenders' debts are (...) paid, they should be restored to full standing as citizens. Thus all ex-offender restrictions are presumptively unjustified. Nonconsequentialist defences of these restrictions are ultimately unsuccessful in defeating the presumption against them. In a limited range of cases, consequentialist considerations — namely, of risk reduction — may be sufficient to override the presumptive case against these restrictions. The article concludes by suggesting a number of criteria for assessing whether particular restrictive measures are permissible on grounds of risk reduction. (shrink)

The study aimed to identify the knowledge management processes and their role in achieving competitive advantage at Al-Quds Open University. The study was based on the descriptive analytical method, and the study population consists of academic and administrative staff in each of the branches of Al-Quds Open University in (Tulkarm, Nablus and Jenin). The researchers selected a sample of the study population by the intentional non-probability method, the size of (70) employees. A questionnaire was prepared and supervised by (...) a number of specialists in order to obtain the results of the study. The study concluded that there is a positive direct relationship, that is, the higher the degree of application of knowledge management processes, the greater the degree of competitive advantage. Knowledge Technology came first with a score of 80.02% on all items. Competitive advantage came second with 81.74%. In the third place came "knowledge generation" where the total score on all paragraphs in this area (78.24%). In the fourth place, "knowledge transfer" (77.21%). "Developing and storing knowledge" came in fifth place (77.13%). "Acquisition of knowledge" came in sixth place (76.45%). Knowledge Organization ranked seventh (74.26%). The study recommended that the university should enable the employees to benefit from the experiences and expertise available to help generate knowledge. The University encourages the creation of knowledge through the system of incentives and open the way for creators to apply their creations and spread and invest in excellence and creativity. The university should design work performance levels based on the integration of knowledge and organize it according to policies that support freedom of research. The need for Palestinian universities to adopt a knowledge management approach. The need to adopt a system of incentives that rewards cognitive efforts, and give workers enough freedom to enable them to apply their knowledge. (shrink)

In this paper, we present and defend the theoretical framework of an empirical model to describe people’s fundamental moral attitudes (FMAs) to animals, the stratification of FMAs in society and the role of FMAs in judgment on the culling of healthy animals in an animal disease epidemic. We used philosophical animal ethics theories to understand the moral basis of FMA convictions. Moreover, these theories provide us with a moral language for communication between animal ethics, FMAs, and public debates. (...) We defend that FMA is a two-layered concept. The first layer consists of deeply felt convictions about animals. The second layer consists of convictions derived from the first layer to serve as arguments in a debate on animal issues. In a debate, the latter convictions are variable, depending on the animal issue in a specific context, time, and place. This variability facilitates finding common ground in an animal issue between actors with opposing convictions. (shrink)

Moving from Paris, Pisa, and Oxford to London, Amsterdam, and Cambridge, this essay documents extensive collaborations between anatomists and mathematicians. At a time when no standard way to acknowledge collaboration existed, it is remarkable that in all the cases I discuss anatomists expressed in print their debt to mathematicians. The cases I analyze document an extraordinarily fertile period in the history of anatomy and science and call into question historiographic divisions among historians of science and medicine. I focus on (...) Steno's Myology, showing how his collaboration with mathematician Viviani led to a geometrical treatment of muscular contraction and to an epistemology inspired by Galileo. The collaboration between Steno and Viviani enables us to interpret a major text in the history of anatomy, one whose implications had so far eluded historians. (shrink)

Before the field of business and society can adequately analyze the relationship between governmental policies and corporate social responsibility (CSR), either as a reality or an ideal, it is first necessary to understand exactly how governments nurtured the development of the autonomous corporation. The roles assigned to government by the economics and management literatures—regulator, standard setter, protector, and adjudicator—ignore the crucial part played by state violence and government expenditures in the rise and sustained success of the corporate economy. An (...) examination of the history of the American case, crucial for the development of the modern corporation as well as the “explicit” form of CSR that eventually followed it, highlights these roles: the willingness of the state to intervene with force in labor conflicts bolstered the managerial autonomy that defined the large corporation, and the way government expenditures promoted innovation and firm success. Acknowledging how corporations depended on government assistance in their development is a necessary step for both assessing the responsibilities owed stakeholders and for advancing the theoretical development of the field. (shrink)

The article presents an analysis of the notion of debt in the context of Deleuzean philosophy of affect. The interpretation presented on the following pages is “indebted” to Lazzarato’s conception of the notion of debt as a figure of subjectivity typical for capitalism. Debt is understood as an assemblage of sad passions and considered in relation to social transformations, that have led to contemporary societies of control. The article shows the connection between the concept of debt and the process of (...) individualization characteristic for contemporary society. Firstly, the concepts of control, debt and affect in the philosophy of Deleuze are put into consideration. Secondly, their relation to the forces and assemblages typical for contemporary societies is discussed. In order to grasp the social significance of the philosophical analysis, the article involves a sociological excursion that demonstrates sociological interpretation of the processes that were described in terms of philosophical analysis in the main body of the text. (shrink)

The philosopher and novelist Ayn Rand is a cultural phenomenon. Her books have sold more than twenty-eight million copies, and countless individuals speak of her writings as having significantly influenced their lives. Despite her popularity, Rand’s philosophy of Objectivism has received little serious attention from academic philosophers. _Concepts and Their Role in Knowledge_ offers scholarly analysis of key elements of Ayn Rand’s radically new approach to epistemology. The four essays, by contributors intimately familiar with this area of (...) her work, discuss Rand’s theory of concepts—including its new account of abstraction and essence—and its central role in her epistemology; how that view leads to a distinctive conception of the justification of knowledge; her realist account of perceptual awareness and its role in the acquisition of knowledge; and finally, the implications of that theory for understanding the growth of scientific knowledge. The volume concludes with critical commentary on the essays by distinguished philosophers with differing philosophical viewpoints and the author’s responses to those commentaries. This is the second book published in Ayn Rand Society Philosophical Studies, which was developed in conjunction with the Ayn Rand Society to offer a fuller scholarly understanding of this highly original and influential thinker. The Ayn Rand Society, an affiliated group of the American Philosophical Association, Eastern Division, seeks to foster scholarly study by philosophers of the philosophical thought and writings of Ayn Rand. (shrink)

Kaur (2012) raises the question, how can education be more inclusive and representative when catering to diverse groups and students? Does our entitlement to human kindness cease once incarcerated, and are we to be forever banished to the outskirts of society? The majority of offender education research assesses success or failure through mechanistic, objective and calculated criteria. Statistically, offenders repeatedly underachieve in primary and secondary education; offenders who partake in some form of adult and post-release learning continue (...) this pattern, and face other non-learning barriers that impact on participation and accreditation outcomes (Prison Education Trust, 2018). Departing from conventional modes and methods of teaching, this article examines the transformative journeys of former offenders, and considers the role of education in supporting them to lead more productive and meaningful lives. (shrink)

Interfirm collaboration and trust are topics currently exciting research interest. The literature treats trust as a unitary concept, providing little understanding of those processes that create trust, or are employed by parties relying on trust. I suggest that two distinct forms of trust can be observed in economic exchanges: fragile trust and resilient trust. I define these kinds of trust, speculate on processes by which economic actors learn about them, and explore contexts in which they are likely to be relied (...) upon by economic actors. I conclude with a discussion of implications for practice and scholarship. (shrink)

In this paper, we explore the role ethics plays in African SMEs. We looked specifically at the role that relationships between SMEs and their stakeholders play in enabling or foreclosing the possibility of ethical business practices. We argue that certain relationships, such as those between SMEs, suppliers, employees and local communities, can be described as enabling. Other relationships, such as those with corrupt governments, are contaminating. What seems to be needed is to expand on and (...) strengthen certain constraining relationships, such as those that exist between peers within a certain industry, professional associations, and civil society. (shrink)

Over the last 20 years, sex offender policies, specifically in terms of community corrections, have increased in scope. One of the most controversial and pervasive sex offender policies is that of registration. In response to the consumption of already limited resources, jurisdictions have imposed increasingly higher community supervision fees onto the offenders, requiring them to pay for their own re-entry. However, to date no research study has examined the statutory language associated with registration fees collected post release from (...) formal community sanctions. Using a statutory analysis within the United States, this research finds and quantifies the imposition of a registration fee on offenders who are legally compelled to pay these registration costs, regardless of whether they are still currently under community supervision. Results show that more than half of U.S. states (n = 28) incorporate statutory language authorizing registration fees, ranging anywhere from $5 per registration to up to $250 per year. These findings, as well as suggestions for future research and policy recommendations, are discussed. (shrink)

Despite the enormity of the financial losses flowing from the 2008 financial crisis and the outrageousness of the conduct that led up to it, almost no individual involved has been prosecuted for criminal conduct, much less actually gone to prison. What this chapter argues is that the failure to punish those in management for their role in this misconduct stems from a misunderstanding of the need to prove that they personally knew of this wrongdoing and harbored an intent (...) to defraud. But not only would negligence be a sufficient legal and moral basis for imposing terms of imprisonment in these cases, mere causal responsibility would also be enough, for causal responsibility has embed in it all we need to find those causally responsible morally responsible too, and once some basis for moral responsibility is established, the imposition of terms of imprisonment is both legally permitted and morally just. (shrink)

Interfirm collaboration and trust are topics currently exciting research interest. The literature treats trust as a unitary concept, providing little understanding of those processes that create trust, or are employed by parties relying on trust. I suggest that two distinct forms of trust can be observed in economic exchanges: fragile trust and resilient trust. I define these kinds of trust, speculate on processes by which economic actors learn about them, and explore contexts in which they are likely to be relied (...) upon by economic actors. I conclude with a discussion of implications for practice and scholarship. (shrink)

Organisations are increasingly involved in what they call ‘ethical dilemmas’, that is, the conditions under which wrongdoing and righteous deeds must be defined once again because the line between right and wrong has blurred more than ever. In general, human beings have special moral characteristics in the individual and personality dimension that shape their thoughts, speech and behaviour. It is possible that the same people in the same position and organisation could be affected differently, and their ideas, speech (...) and behaviour affect the efficiency and effectiveness of the organisation. Ethics can have positive or negative consequences at each organisational level. One of the effective factors on the occurrence of employees’ ethical behaviours is the role of spirituality in the work environment and humility of leaders. The purpose of this study is to investigate the effect of humility of Muslim leaders on the moral behaviours of followers and spirituality at work in Islamic society. The statistical population of the study was 370 Muslim employees of International Islamic University Malaysia. After distributing the questionnaires among the statistical population, 352 questionnaires were returned. The validity of the questionnaires was confirmed by the content validity method, and its reliability was confirmed by Cronbach’s alpha. In this research, the structural equation modeling approach and Amos software were used to analyse the data. All hypotheses were confirmed at a 95% significance level. The results showed that the humility of leaders has a positive and significant effect on spirituality in the workplace and work ethic of followers. Spirituality in the workplace has also a positive effect on employees’ work ethic.Contribution: It is recommended that the officials of organisations should pay attention to spirituality in the workplace and the humility of managers and supervisors towards employees in order to promote work ethics. Further, it can be concluded that organisations can increase the ethical behaviours of employees by promoting the components of organisational spirituality. (shrink)

This paper discusses what kinds of conflicts arise when a crime has been committed, and with whom—and in which of their possible roles—the offender should be seen as having such conflicts. The possible roles of the victim are in focus, as is the constitutive role of the act of criminalizing a certain kind of behavior. It is argued that while in the tort conflict the victim should be seen as a party qua him- or herself in a ‘fuller’ (...) sense (and with full freedom on how to handle the conflict, including dropping it), in the criminal law conflict it is community, the ‘we’, that should be looked upon as the party to the conflict with the offender. The victim should not be seen as excluded from the criminal law conflict, though: to the contrary, he or she is a member of community and has an important role to play. This role, however, needs to be strictly defined in a way that gives the victim the function of a certain kind of representative for ‘us’, the community. This role should not allow the victim much room to influence how the criminal law conflict is handled. The model I am suggesting presupposes—I think, at least—that criminal law conflict and tort conflict should be handled together at the same trial. (shrink)

Both proponents and opponents of capital punishment largely agree that death is the most severe punishment that societies should consider imposing on offenders. This chapter considers how (if at all) this ‘Ultimate Thesis’ can be vindicated. Appeals to the irrevocability of death, the badness of being executed, the badness of death, or the harsh condemnation societies express by sentencing offenders to death do not succeed in vindicating this Thesis, and in particular, fail to show that capital (...) punishment is more severe than the most likely alternative punishment offenders would suffer, namely, lifelong incarceration. The most plausible vindication of the Ultimate Thesis instead resides in how being condemned to death alters a person’s psychological relation to death. Our ordinary tendencies toward “death denial” diminish the terror that our awareness of death can otherwise induce in us, thereby enabling us to pursue worthwhile lives despite knowing of death’s inevitability. But condemned individuals are continually compelled to confront both the reality and specific circumstances of their own deaths and so do not enjoy the protective psychic shield that death denial provides us. This ‘relational’ rationale does not obviously succeed in proving the Ultimate Thesis, but if the Thesis is true, this rationale is essential to its justification. (shrink)

I propose a theory of punishment that is unfamiliar in the West, according to which the state normally ought to have offenders reform their characters and compensate their victims in ways the offenders find burdensome, thereby disavowing the crime and tending to foster improved relationships between offenders, their victims, and the broader society. I begin by indicating how this theory draws on under-appreciated ideas about reconciliation from the Global South, and especially sub-Saharan (...) Africa, and is distinct from the protection and retribution theories that have dominated the Western philosophy of punishment for about 250 years. Then I argue that it neatly avoids objections to them and is prima facie plausible in its own right. I conclude that this reconciliation theory of state punishment should be taken seriously by philosophers of law and policy makers. (shrink)

For many young Americans, access to credit has become critical to completing a college education and embarking on a successful career path. Young people increasingly face the trade-off of taking on debt to complete college or foregoing college and taking their chances in the labor market without a college degree. These trade-offs are gendered by differences in college preparation and support and by the different labor market opportunities women and men face that affect the value of a college degree (...) and future difficulties they may face in repaying college debt. We examine these new realities by studying gender differences in the role of debt in the pivotal event of graduating from college using the 1997 cohort of the National Longitudinal Survey of Youth. In this article, we find that women and men both experience slowing and even diminishing probabilities of graduating when carrying high levels of debt, but that men drop out at lower levels of debt than do women. We conclude by theorizing that high levels of debt are one of the mechanisms that sort women and men into different positions in the social stratification system. (shrink)

We argue that the practice of engineering does not exist outside the domain of societal interests. That is, the practice of engineering has an inherent (and unavoidable) impact on society. Engineering is based upon that relationship with society (inter alia). An engineer’s conduct (as captured in professional codes of conduct) toward other engineers, toward employers, toward clients, and toward the public is an essential part of the life of a professional engineer, yet the education process and professional societies (...) pay inadequate attention to the area. If one adopts Skooglund’s definition of professional ethicsI (how we agree to relate to one another), then the codes of professional conduct lay out a road map for professional relationships. As professionals, engineers need to internalize their codes and to realize that they have a personal stake in the application of codes as well as the process of developing the codes. Yet, most engineers view professional codes as static statements developed by “others” with little (or no) input from the individual engineer. Complicating the problem, questions of professionalism (such as ethics) are frequently viewed as topics outside the normal realm of engineering analysis and design. In reality, professional responsibility is an integral part of the engineering process. (shrink)

Israeli enforcement law uses both direct and indirect enforcement — the former via attachment of assets, and the latter via imprisonment of the debtor. The use of indirect enforcement via imprisonment is problematic, as it violates the basic rights of the debtor. I will argue that in response to this problem, the law created a framework for the "debtor of limited means." I will demonstrate that not only does this create an improper definition of the task of the Chief Enforcement (...) Officer, but that it is also an inefficient way of dealing with an insolvent debtor. I will propose that the system differentiate between debtors who cannot pay their debts and those who do not want to pay their debts. I believe that encouraging the insolvent debtor to file for of bankruptcy will avoid the problem of imprisonment and enable the Chief Enforcement Officer to return to his natural role as judge of enforcement. Additionally, I suggest creating a separate track of "consumer enforcement," which would avoid the whole system of installments, imprisonment, and debtors of limited means, at least regarding consumer credit. (shrink)

Public officials rely on performance data that are self-reported by organizations to evaluate progress on a wide range of prosocial outcomes. Policies that require public disclosure of performance in health care are thought to enable patients to select high-quality providers, which in turn may spur quality improvements as providers seek to protect their reputation or increase economic returns. Drawing on institutional theory that examines how conflicting institutional pressures influence organizational decisions, we theorize how profit orientation may mediate the response (...) of health care providers to disclosure mandates in a public health crisis. We focus on measures of data quality—completeness and accuracy—in self-reported data on COVID-19 status and outcomes generated by thousands of long-term care facilities. Using pooled regressions and a difference-in-differences style design, we find that overall, for-profit and not-for-profit facilities report similarly complete data but that for-profit facilities report less accurate data than their not-for-profit counterparts. Our results suggest that it may be important to incentivize each dimension of data quality separately to address differential institutional pressures that affect reporting practices. (shrink)

Despite the unquestionable importance of technological progress in twenty-first-century society, the decision by many political leaders worldwide to treat natural sciences as an almost exclusive priority betrays a terrible misconception of the complexity of the contemporary world. As the Renaissance cannot be reduced to Copernicus’s or Galileo’s brilliant contributions, or Enlightenment to the works of such giants as Newton and Cavendish, contemporary society will hardly be remembered as just a series of amazing software and gadget updates. There are (...) three categories of questions today that only humanities are prone to answer. The first one, exploring the relations between subject and object mediated by the meaning of “property”, ultimately concerns the discussion between legality and legitimacy. Not long ago, teenagers were still being sued by the giants of the Entertainment Industry for downloading songs, and the practice of mash-ups or remixing even now arouses huge polemics. The second one, focused on the self-representations of the subject, concerns the changing meanings (and representations) of identity and cultural borders in a globalizing world. Finally, the inter-subjective interactions are the centre of the political tensions between democracy and demagogy, two opposed categories that have often been presented as hardly distinguishable from each other. (shrink)

This study examines whether penalties issued to Chinese listed companies by securities regulators for violations of corporate law affect the cost of debt, and the moderating role of corporate social responsibility fulfillment on this relationship. Our sample consists of firms listed on Shanghai and Shenzhen stock exchanges from 2011 to 2017 and the data are collected from the announcements of China Securities Regulatory Commission. The findings are as follows: punishment announcements by regulatory authorities increase the cost of debt; (...) and the effect of punishment announcements on the cost of debt is partially offset by prior CSR performance. These findings are shown to be robust. The reputation insurance effect of CSR is more pronounced in state-owned enterprises and in an institutional environment with low marketization, a weak legal environment, and low information transparency. The findings support the reputation insurance hypothesis of CSR and employ the cost of debt as a governance mechanism. (shrink)

This paper argues that two areas vital to the teaching profession's own development and to the development of its standing in society have been neglected in inservice education and training. The first, an understanding and development of the 'public' dimension of teaching, suggests that teachers have duties and concerns which transcend those of professionals in the private sector because the public domain is a necessary focus for the promotion of collective life as opposed to individual interests. The second, an (...) appreciation of the 'ecological' context of teaching, locates its practice within wider political and social issues and deepens the teaching profession's understanding of itself. The evidence of neglect of these areas is derived from questionnaire data drawn by the authors from primary and secondary schools on their inservice priorities. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy's Role in Psychopathology Back to Jaspers and an Appeal to Grow PracticalThe author reports no conflicts of interest.In "Philosophy's role in theorizing psychopathology," Gibson presents a defense of the continued relevance of philosophy to psychopathology, and a non-exhaustive framework for the role of philosophy in this domain (Gibson, 2024). I find it hard to disagree that psychopathology is soaked in philosophy from its origins, and (...) that to try and dry it out would be both unwise and impossible.In this commentary, I go back to Karl Jaspers' account of the role of philosophy in his General Psychopathology. In doing so, I do not find that Gibson adds anything new, but instead gives us a well-illustrated reminder that philosophy "is operative within every living science" (Jaspers, 1997, p. 770).Situated Psychopathological TheorizingGibson addresses a broad 'we' who might be engaged with psychopathological theorizing. This seems to encompass three main settings, from which examples are drawn.1. Everyday and regulative social practices (ordinary and legal setting).2. Empirically driven disciplines which work with psychopathological constructs (academic setting).3. Psychiatry and psychotherapy (clinical setting).In my view, it is a mistake not to map the terrain where psychopathological theorizing is situated. In each setting psychopathological theorizing has its own set of aims and constraints. In the ordinary setting, the aim might be to know whether to blame a loved one for their action. In the legal setting it might be to decide whether treatment or punishment is appropriate. In the clinical setting, the aim is usually a therapeutic assessment, and moral stance taking is often best kept at bay. In the academic setting, we might want to ensure our concepts are reliable and valid, opening them up to investigation using objective scientific methods. [End Page 13]Beyond what can be said in the most general terms, the role of philosophy will look different in these different situations.Understanding Is Not (Just) a Philosophical ToolUnderstanding is a mode of knowing that is concerned with the particular, rather than the general, and accessed inter-relationally, relying on tacit knowledge and empathetic imagination. Gibson introduces the concept as an elementary form of social intuition, used in ordinary life to make sense of social relations and other people's behaviors and reactions. I agree with Gibson, drawing on Strawson, that Understanding is a mode of knowledge that involves the subject of enquiry as a participant (Strawson, 1982). There is a moral imperative to take this stance, which drives us to value the expansion of what we are able to understand of other people's mental states. This at least partly motivates the agenda when we theorize about psychopathology.At times throughout his argument, Gibson seems to be arguing for the role of Understanding in psychopathological theorizing, in place of his explicit aim of arguing for the role of philosophy. However it is not at all clear that this replacement can be made. Accepting the picture drawn, Understanding is not any more the expertise or domain of the philosopher than the author, police officer, or sociologist. We are surely not meant to take Understanding as a uniquely philosophical tool, but rather a mode of knowing available to all social agents, integral to social reasoning in ordinary life and in the human studies.What philosophy can distinctively do is point to and defend the existence of forms of intersubjective and tacit knowledge within human studies such as psychopathology. For Jaspers, Understanding can be a scientific tool, albeit one that reminds us that knowledge in psychopathology is not all of one kind. One role for philosophy therefore is to help us to "distinguish the different modes of knowing," so that we might "order knowledge into a comprehensive whole" (Jaspers, 1997, p. 769). This is akin to the 'synthetic' role that Gibson proposes.Philosophy and ScienceJaspers defines scientific knowledge broadly as knowledge with "general validity, convincing insights (which can be proved), clarity of method, and the possibility for a meaningful discussion" (Jaspers, 1997, p. 768).We do not get such a definition from Gibson, but in the sections of... (shrink)

The role of genetic relatedness in social evolution has recently come under critical attention. These arguments are here critically analyzed, both theoretically and empirically. It is argued that when the conceptual structure of the theory of natural selection is carefully taken into account, genetic relatedness can be seen to play an indispensable role in the evolution of both facultative and advanced eusociality. Although reviewing the empirical evidence concerning the evolution of eusociality reveals that relatedness does not play a (...) role in the initial appearance of helper phenotypes, this follows simply from the fact that natural selection – of which relatedness is a necessary component – does not play a causal role in the origin of any traits. Further, separating two logically distinct elements of causal explanation – necessity and sufficiency – explains why the debate lingers on: although relatedness plays a necessary role in the evolution of helping and advanced eusociality, relatedness alone is not sufficient for their appearance. Therefore, if the relatedness variable in a given data set is held at a uniformly high value, then it indeed may turn out that other factors occupy a more prominent role. However, this does not change the fact that high relatedness functions as a necessary background condition for the evolution of advanced eusociality. (shrink)

In the past decade, experiments on altruistic punishment have played a central role in the study of the evolution of cooperation. By showing that people are ready to incur a cost to punish cheaters and that punishment help to stabilise cooperation, these experiments have greatly contributed to the rise of group selection theory. However, despite its experimental robustness, it is not clear whether altruistic punishment really exists. Here, I review the anthropological literature and show that hunter-gatherers (...) rarely punish cheaters. Instead, they avoid dealing with them and switch to other partners. I suggest that these data are better explained by individual selection, and in particular by partner choice models, in which individuals are in competition to be recruited by cooperative partners. I discuss two apparent problems for partner choice theories: large-scale cooperation and punishments in economic games. I suggest that rather than favouring group selection theory, these two phenomena provide evidence in favour of individual selection: (1) people produce large-scale cooperation through institutions in which punishment is not altruistic but rewarded on an individual basis; (2) punishment in experimental games can be explained without altruism and is indeed often better explained by individual interests. (shrink)

How can a state be morally justified in punishing some of its citizens? In tackling this I shall set aside three important matters: we do not morally approve of all the laws of the land, so that sometimes there is a legal but not a moral case against an offender; we can do more things about crime than just punish the criminals, for example remedying the familial and social conditions that encourage it; and, thirdly, many actual penal institutions do things (...) to convicts that are indefensible by any decent standard. My topic may be humanly less important than any of those three; but I want to discuss it and not them. Like many others, I hold that the punishment is justified only to the extent that it does good, that is, leads to a better over-all state of affairs than would have obtained otherwise. Some versions of this view, however, assign to doing-good a role in which it swamps other considerations which most of us think are also essential to a defensible penal system. My aim in this paper will be remedy this defect - to reconcile a doing-good justification with the rest of what we think about punishment. The fear that this cannot be done has led some to question whether our having penal systems and procedures does any good. Jacobs may be right in stressing how hard it is to discover what the consequences are of any given system of punishment (1999: 540), but it would be lamentable if that led us to omit doing-good from our view of what justifies punishment. I shall return to this topic at the end of Section 7, offering to relieve Jacobs of his fears. I usually think of the good that punishment can do in terms of the deterrence of potential offenders - the punished person or others who learn about his punishment. In all the uncertainty about what our penal procedures achieve, it seems certain that they have a deterrent effect without which our society would be lost. There are other possible goods: making the convict a better person; placating victims and their kin; increasing our sense of the majesty and importance of the law; and so on.. (shrink)

The engineering profession has experienced some ethical cases that were rarely reported, scrutinized, or discussed because: they did not necessarily represent violations of existing codes even if they breached ethical principles; those within the organization were not prepared to take steps to address the issues or impose sanction; an/or some of the personnel associated with these cases resorted to silence to avoid being labeled as trouble-makers in their organizations and, perhaps, more broadly, in society. The goal of this (...) paper is to heighten managerial awareness of ethical issues, interrelated ethical lapses, and appropriate responsive actions within professional engineering communities. As such, the authors reviewed recent well-known professional and organizational ethical cases including impact of leadership role and existing standards, and critically analyzed interrelated literature. The paper’s case studies exemplify that because ethical issues are complex, intricate, and nuanced; bylaws are insufficient for establishing the inclusive culture for handling potential ethical situations. In fact, through what is known as the codification of ethics, it is possible that someone’s conduct can totally fulfill all professional responsibilities but still be unethical. As such, ethical leadership is needed to provide the means for establishing appropriate norms so as to set the proper structures for addressing the diverse ethical matters. Perceptions about the responses of leaders to potential ethical lapses are a critical factor in formulating, changing, and maintaining ethical values at the individual and organizational levels. A leader’s passive attitude toward ethical issues can be the signal for the ignored lapses to become the norm at not only the organizational level but also the society. Guided by the new Code of Ethics by the American Society of Civil Engineers, this paper aims to trigger the proper ethical behavior and expectations for the welfare of the engineering profession both in the present and future. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Bonhoeffer and King: Their Legacies and Import for Christian Social ThoughtCharles W. ChristianBonhoeffer and King: Their Legacies and Import for Christian Social Thought Edited by Willis Jenkins and Jennifer M. McBride Minneapolis: Fortress Press, 2010. 304 pp. $25.00Countless books have been written about Dietrich Bonhoeffer and Martin Luther King Jr., assessing their individual leadership in the areas of social justice and theology in the twentieth (...) century. Relatively few works have brought these two individuals together in comparative analysis. This book, edited by Willis [End Page 216] Jenkins (assistant professor of social ethics at Yale Divinity School) and Jennifer M. McBride (visiting lecturer at Candler Divinity School), seeks to do that; it brings together a wide array of scholars in the fields of ethics, theology, pastoral ministry, political theory, African American studies, and feminist theology.As McBride points out in her introduction, the “significant differences in their historic, sociopolitical contexts” can present challenges in comparing the work of these two men and in seeking to contemporize them (8). However, the thought and life of both martyrs “demand[s] action”; in other words, the “thought” of both Bonhoeffer and King remains incomplete without “courageous, constructive, redemptive social engagement” (3). It is in this spirit that the book unfolds.The book is divided into four parts. The first four chapters compose part 1 (titled “Critical Distance”), which takes a broader look at the legacies, key concepts, and limitations or critiques of the thought of Bonhoeffer and King. For example, the second chapter by Stephen R. Haynes (“King and Bonhoeffer as Protestant Saints”) reminds us of the perils of the larger-than-life legacies of both these individuals. When noteworthy persons become personalities or cultural heroes, key aspects of their legacies can be minimized or overlooked. This is particularly important in contemporary American settings where politicians and commentators tend to reduce the legacies of both Bonhoeffer and King to fit their own political agendas.Part 2 pays specific attention to the influence of Bonhoeffer and King on matters related to social justice, such as poverty, racism, and violence. Among the notable contributions in this section is the chapter by Craig J. Slane that deals with the “unexpected turn toward violence” (112) for Bonhoeffer during his involvement in the plot to assassinate Hitler during World War II. Part 3 looks at the ways in which the lives and teaching (and especially preaching, in King’s life in particular) of Bonhoeffer and King are instruments of social redemption. In addition to noting the influence of Niebuhr’s emphasis on social sin and social redemption on King’s preaching and leadership, it points out that both Bonhoeffer and King were deeply influenced by the economic and social upheavals of their time; their preaching, teaching, and writing sought to address, in concrete ways, the racial, economic, and political realities of their contexts. In part 4, “Peacemaking,” four authors highlight the contributions King and Bonhoeffer have made to peacemaking and the influence these contributions continue to have. They discuss both men’s commitment to nonviolence and pacifism and the particular challenges this commitment created for them (especially for Bonhoeffer, given his participation in a plot to overthrow Hitler).The essays in this book do not present these two martyrs as unblemished. The book contains rich discussions that honestly assess their personal struggles [End Page 217] of conscience as well as their contextual struggles with such issues as the role of women. Furthermore, the reader will find a solid introduction to the lives and thought of both men while at the same time sitting in on a diverse conversation about how their influential interpretations of the Christian faith can continue to be fleshed out. May this kind of conversation (and action) continue!Charles W. ChristianMount Vernon Nazarene UniversityCopyright © 2012 The Society of Christian Ethics... (shrink)

Vocational Education and Training policies are paying increasing attention towards the need to develop quality career guidance processes. Career guidance plays an essential role in this challenge by enabling people to develop the career management skills that allow them to become aware of their full potential and to construct life projects that facilitate the emotional management of uncertainty and complexity, participating as responsible agents in their environment. After conducting a literature review on each of these key (...) elements, we set out to identify best practices in VET as “building blocks” for the construction of an integrated career guidance plan in VET. This study adopts an approach based on qualitative methodology, specifically a documentary type of research has been carried out. The documents analysed correspond to 88 best practices identified in Andalusia. The analysis strategy used was a content analysis. For this purpose, a system of categories has been designed, from a deductive perspective, which has contributed to a systematic analysis of them. One of the first conclusions of the study is the uneven development o best practices in the different VET professional pathways. The practices carried out in the centres begin to incorporate different elements and thus facilitate the creation of a suitable context for the development of comprehensive career guidance plans in VET. The article closes by offering implications for the development of guidance in the education system and discusses lines of future research. (shrink)

This paper argues that two areas vital to the teaching profession's own development and to the development of its standing in society have been neglected in inservice education and training. The first, an understanding and development of the ' public ' dimension of teaching, suggests that teachers have duties and concerns which transcend those of professionals in the private sector because the public domain is a necessary focus for the promotion of collective life as opposed to individual interests. The (...) second, an appreciation of the ' ecological ' context of teaching, locates its practice within wider political and social issues and deepens the teaching profession's understanding of itself. The evidence of neglect of these areas is derived from questionnaire data drawn by the authors from primary and secondary schools on their inservice priorities. (shrink)

This is the text of a paper (along with appendixes) delivered at the 2019 annual meeting of the Minnesota Philosophical Society on Oct 26 in Cambridge, MN. -/- Beauchamp and Childress’s “Four Principles” (or “Principlism”) approach to bioethics has become something of a standard not only in bioethics classrooms and journals, but also within medicine itself. In this teaching-focused workshop, I’ll be doing the following: (1) Introducing the basics of the “Four Principles” approach, with a special focus on its (...) relation to the common morality and the importance to weighing and balancing of competing norms. (2) Comparing and contrasting this to other potential approaches, such as those provided by virtue ethics, act utilitarianism, casuistry, and competing versions of principles-based ethics. (3) Considering the ways in which the principles-based approach can best be implemented for lower-level, introductory bioethics classes, where the average student may have little background knowledge in either philosophy or medicine. I’ll be presenting sample activities, case studies, and lesson plans. There will be considerable time reserved for discussion at the end, so that participants can exchange ideas relating to the teaching of both bioethics and other varieties of applied ethics. (shrink)

This study seeks to gain knowledge about key conditions in the process of digitalization using a socio-technical systems design as a theoretical framework and a case-study approach. Semi-structured interviews with 15 relevant stakeholders are conducted to learn about barriers to and enablers of the development and implementation process in a manufacturing company. After conducting a thematic analysis, eight higher-ranked themes relevant to the digitalization process are identified. These are grouped to describe the overarching phenomena, resulting in four enablers and four (...) barriers. The study takes a holistic view of digitalization in its investigation of the development and subsequent implementation processes. The findings contribute to the literature via three key takeaways for stakeholders of a digitalization process in manufacturing. First, it is vital to understand and strengthen the role of the key enablers identified in this paper. Second, managers should observe and identify barriers in their own organizations, related both to technical and social aspects. Third, some of the enablers described in this paper can serve managers as helpful tools to approach the expected barriers to digitalization. This paper also challenges the research literature by arguing that research conducted on digitalization that sets new standards and premises for the working life in industry needs to use up-to-date socio-technical design concepts and theories. (shrink)

Religious and secular convictions have powerful effects, but their fundaments are often surprisingly fragile. Because of the conspicuous role that nationalisms, populisms, and fundamentalisms have in our globalizing world it is essential not to take their strength for granted, but to acknowledge that conviction and doubt are part of the same dynamic. The chapters in this volume demonstrate that doubt and hesitation are daily concerns even among the Maoist movement in India, right-wing populists in Europe and newly (...) pious Somali Muslims in London. In fact, new converts are often such stringent believers precisely because they need to dispel their own lingering doubts, while revolutionary movements survive only through the denial of ambiguity. By studying everyday doubt this volume unravels the mechanisms by which convictions gain and lose their force, and analyzes the dynamics that propel loosely held ideas into committed action. Whereas a focus on overcoming doubt highlights the exclusionary effects of committed action, attention to the breakdown of belief serves to better understand the cycles of hope, conviction, and disillusion that bespeak the human condition. This is the central theme in several chapters looking at ideological break-down. The collapse of communism, for instance, produced an epistemological crisis in which all knowledge became unstable, prompting gold-miners in Mongolia to go as far as to doubt the cosmos. The post-ideological environment of Western democracies also produces anxieties, as the break-down of the bonds of trust between governments and citizens results in feelings of betrayal. Questions of truth and action are always related: if nothing is worth fighting for then apathy and hopelessness may become symptomatic. By paying attention to the mechanisms and dynamics by which specific ideas gain and lose their credibility this volume sheds important new light on the role of ideas in social and political action. (shrink)

The focus of this study was to assess the mediating effect of green innovation, in the relationship between green human resources management (GHRM) and organizational competitiveness of manufacturing multinational enterprises (MNEs). The study further looked at the moderating effect of organizational learning in the relationship between GHRM on organizational competitiveness of manufacturing MNEs. The population comprises manufacturing MNEs in Ghana. Through purposive and simple random sampling techniques, 231 manufacturing MNEs were selected for the study. Data was analyzed using frequencies, percentages, (...) mean scores, and Structural Equation Modeling (SEM), using SPSS and SMART‐PLS (Partial Least Square) software. The study concludes that green innovation partially mediates the relationship between GHRM and organizational competitiveness. It was further concluded that organizational learning positively moderates the positive relationship between GHRM and organizational competitiveness. The study recommends that manufacturing MNEs should invest and improve the level of their organizational learning as it not only strengthens the effects of GHRM on organizational competitiveness, but it also directly improves competitiveness. Further, particular attention should also pay to green innovation, as it intervenes the relationship between GHRM and organizational competitiveness. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Looking to Learn: Museum Educators and Aesthetic EducationNancy Blume (bio), Jean Henning (bio), Amy Herman (bio), and Nancy Richner (bio)IntroductionMuseum education. Aesthetic education. How are they similar? How do they differ? How do they relate to each other? What are their goals? As museum educators working with classroom and art teachers, we are often asked these questions, and we ask them ourselves. “What do you DO?” is probably (...) the most frequently asked question of all, and the answer is complex. Even more complex is how these questions relate to the Rembrandt Project. Given that looking at original works of art is such a priority for museums and museum educators, how do we address the project’s reliance on technology? And how do these questions relate to the social studies and visual arts standards, [End Page 83] another major component of the project? How does the project relate to the work we do in our own museums? Writing collaboratively implies that we have certain areas of commonality; but we also have differences, which will be apparent in individual sections of this article: Jean Henning and Nancy Richner discuss the Nassau County Museum of Art, Nancy Blume writes about Asia Society, and Amy Herman explores the Frick Collection. Our focus will be the domain of museum education as that is what we know best, but there are inevitably areas where it overlaps and complements the domains of art education, aesthetic education, and social studies.Art Museum Education HistoryThe history of art museum education begins with the founding of museums in the United States during the commercial and industrial expansion that took place after the Civil War, between 1870 and 1929. The principles guiding American museums have always mirrored the values of American society. From the beginning of this country’s history, the fine arts have been viewed as elitist and thus of no value to the larger society. “To America,” Ben Franklin wrote in the late 1700s, “one school master is worth a dozen poets, and the invention of a machine or the improvement of an implement is of more importance than a masterpiece of Raphael.”1 Given such longstanding and deep-seated suspicion of art among Americans, it is not surprising that both the champions and the staff of art museums insisted on the practical educational benefits museums provided to the public.By the late nineteenth century, at the height of immigration and the emergence of a strong working class and labor movement, a social dimension was added to the mission of museum education. Art museums, like public libraries, were seen as venues for achieving social balance. By the early twentieth century an aesthetic agenda was finally joined to these social and pragmatic ones.2While museums have responded to the needs created by cyclical changes in social, economic, political, and intellectual life, today’s art museum educators still deal with the tension among the museum’s aesthetic, educational, and social missions; only the context and delivery modes of museum education have changed. Yet despite the shifting directions and priorities in museum education, there are certain basic and commonly accepted premises that museum educators have shared since the late nineteenth century. The 1984 Museums Commission on Museums for a New Century stated what has been the continuing premise of museum education since the late nineteenth century: learning in museums is based on objects and involves not only developing the ability to synthesize ideas and form opinions but also shaping an aesthetic and cultural sensibility.3 Another fundamental [End Page 84] assumption is that museums are institutions of visual instruction. Although each of the museum educators writing here represents a unique institution with unique approaches to looking at and finding meaning in art, we all agree on the importance of the original work of art as the basis for our work. It is the complexity of original artworks that enables them to play a dual role. One role is pragmatic, which requires meeting standards set by state and national governments for teaching critical thinking skills and improving literacy. The second role is aesthetic—namely, ways of helping students develop habits for aesthetic encounters that are an integral part... (shrink)

The presence of intelligence and rationality in Artificial Intelligence and the Internet requires a new context of analysis in which Herbert Simon’s approach to the sciences of the artificial is surpassed in order to grasp the role of information in our contemporary setting. This new framework requires taking into account some relevant aspects. In the historical endeavor of building up AI and the Internet, minds and machines have interacted over the years and in many ways through the interrelation between (...) scientific creativity and technological innovation. Philosophically, minds and machines can have epistemological, methodological and ontological differences, which are based on the distinct configuration of human intelligence and artificial intelligence. Their comparison with rationality and its various forms is particularly relevant. Scientifically, AI and the Internet belong to the sciences of the artificial, because they work on designs that search for specific aims, following selected processes in order to achieve expected results. Technologically, AI and the Internet require the support of information and communication technologies. These have an instrumental role regarding the existence of AI and the Internet. Also ICT shape their diverse forms of configuration over the years.Within this framework, this paper offers a new context of analysis that goes beyond Simon’s and follows four main steps: the interaction between scientific creativity and technological innovation as the philosophico-methodological setting for Artificial Intelligence and the Internet; artificial intelligence and human intelligence as epistemological basis for machines and minds, where the differences between artificial intelligence and human intelligence are made explicit and the analysis of minds and machines is made from the perspective of rationality ; intention and its difference with design of machine learning are considered to distinguish human intelligence from artificial intelligence; and the internal and external aspects of artificial designs in contemporary society are considered through the perspective of rationality, which leads to the transition from intelligence to rationality in the Internet as well as to the historicity of information. (shrink)

Forgiveness as a positive response to wrongdoing is a widespread phenomenon that plays a role in the moral lives of most persons. Surprisingly, Kant has very little to say on the matter. Although Kant dedicates considerable space to discussing punishment, wrongdoing and grace, he addresses the issues of human forgiveness directly only in some short passages in the Lectures on Ethics and in one passage of the Metaphysics of Morals. As noted by Sussman, the TL passage, however, betrays (...) some ambivalence. Kant establishes a duty of virtue to be forgiving (TL, 6:460), yet he immediately warns against its excess: meek toleration of recurrent wrongs could manifest a lack of self-respect and a violation of a duty to oneself (TL, 6:461). Sussman claims that this ambivalence ultimately arises from the fact that forgiveness sits uncomfortably in Kant’s moral thought. First, forgiveness has an ‘ineluctably elective aspect’ that makes it, to a certain extent, arbitrary and dependent on particular features of the forgiver’s psychology and, as such, in tension with Kant’s central claims that human beings are autonomous agents capable of determining their own moral status. Second, according to Sussman, Kant’s moral retributivism, i.e. ‘the particular moral position that every moral wrong against another deserves punishment of the wrongdoer’ seems to be in tension with the possibility of a ‘truly redemptive forgiveness’. Moreover, forgiveness also seems to be in tension with a passage of the Religion in which Kant argues that the moral guilt from our original evil disposition cannot be understood as a debt or liability that can be compensated, erased, transferred or otherwise wiped out by others (Rel, 6:72). Thus, to the extent that forgiveness might be thought to involve the forgoing of moral guilt, it seems incompatible with Kant’s views on culpability and punishment. This chapter seeks to clarify Kant’s views on forgiveness in order to show that, although not often appreciated, personal forgiveness plays an important role in the lives of ordinary human agents as understood by Kant. In particular, I aim to show there is a conception of forgiveness available to Kant that is not incompatible with Kant’s views of punishment and culpability. In Section 1, I argue that, for Kant, far from being merely ‘elective,’ forgiveness is, under certain conditions, morally required. I provide a brief summary of an interpretation of Kant’s theory of forgiveness that I have defended in recently published work , in order to argue that Kant’s duty to be forgiving should be understood as an imperfect duty of virtue which is conditional on repentance. Kant is not ambivalent about this duty because he maintains that when the relevant conditions are not met, we have a perfect duty to ourselves not to forgive unrepentant wrongdoers. The TL passage thus identifies two different duties. In Section 2, I show that forgiveness, as conceptualised by Kant, does not require the forgoing of punishment or the overcoming of moral guilt and that this could, in fact, be seen as an attractive feature of Kant’s position. I end by offering a very brief assessment of Kant’s views. (shrink)

My main aims in this paper are to further clarify and defend the Duty View of punishment, outlined in my book The Ends of Harm, by responding to some objections to it, and by exploring some variations on that view. I briefly lay out some steps in the justification of punishment that I defend more completely in Chapter 12 of The Ends of Harm. I offer some further support for these steps. They justify punishment of an offender (...) for general deterrence reasons if the beneficiary of general deterrence is the victim of the crime. They do so firstly on the basis that offenders incur compensatory duties to victims. I then show that duties incurred through serious wrongdoing are not limited to the duty to provide full compensation. Because offenders incur the relevant duties, and the duties are enforceable, harming them to protect their victims does not wrong them. I then consider whether an offender can be harmed in order to protect people other than the victims of her crime. In this section, I respond to an important challenge to the general idea that we can justify punishment on the basis of duties incurred as a result of wrongdoing, a challenge that I had met only in part in The Ends of Harm. It might be argued that the duties that we incur through serious wrongdoing are owed only to victims of crime. In punishing offenders, in contrast, we aim to protect people in a society more generally, and not just crime victims. A plausible theory of punishment must demonstrate that we are justified in pursuing this aim. Hence, it might be argued, the Duty View fails. I will respond by showing that the duties incurred through wrongdoing are not limited to duties owed to victims, and hence this challenge to the Duty View can be met. (shrink)

In this article, we suggest that one of the unexplored paths toward collaboration between firms and civil society organizations starts with confrontation or potential conflict, and that the transition toward collaboration can be further understood if one focuses on triadic relationships rather than dyadic ones. We analyze the presence of third parties and their different roles to explain how collaboration is facilitated. The article aims at bringing together the bodies of research on business–civil society confrontation and on (...) business–civil society collaboration. It offers a comparative analysis of four case studies, and proposes a typology of third parties composed of facilitating allies, participating allies, mediators, and solution seekers. We conclude with some implications for further research as well as for practice. (shrink)

In this paper, I argue that one approach to normative political theory, namely contextualism, can benefit from a specific kind of historical inquiry, namely genealogy, because the latter provides a solution to a deep-seated problem for the former. This problem consists in a lack of critical distance and originates from the justificatory role that contextualist approaches attribute to contextual facts. I compare two approaches to genealogical reconstruction, namely the historiographical method pioneered by Foucault and the hybrid method of pragmatic (...) genealogy as practiced by Bernard Williams, arguing that they both ensure an increase in critical distance while preserving contextualism’s distinctiveness. I also show, however, that only the latter provides normative action-guidance and can thus assist the contextualist theorist in the crucial task of discerning how far certain contextual facts deserve their justificatory role. I prove this point by showing how a pragmatic genealogy of the practice of punishment can inform the contextualist’s reflection about the role this practice should play in a transitional scenario, i.e. in the set of circumstances societies go through in the aftermath of large-scale violence and human rights violations. (shrink)

While postmodernists have claimed that the failure of the Enlightenment was a failure of philosophical courage, this plenary address explores how its greatest shortcoming actually was its hubris. Paying attention to how Western scholars have centered pride in their elitist purview was their ultimate worldview, this article examines ‘pride’ as the doctrinal dimension of the good life in contemporary Western society and culture. Furthermore, it implores postmodern Christian social ethicists to reform their stewardship to the telos (...) of the field's highest ideals and role, in order to confront the shortcomings of the Enlightenment and help realize its greater capacity for social transformation. Borrowing the Gandhian critique of ‘knowledge without character’, the author surveys how the existential crisis of higher education, the political manipulation of journalism, and the policy practices of politicians, public intellectuals, and pundits operate in addressing post-imperial/postmodern legacies have legitimated implicit biases and dehumanizing projects that pass off stereotypes as scholarship and hate as hermeneutics. (shrink)

Hegemonic gender role is specific configuration of different gender performances and practices that represents socially accepted answer on concrete circumstances within given society in particular historical moment. Analytical insight into their content and direction of change could provide us better understanding of other social structures and aspects of social life of society/ culture/sub cultural community/social group within which hegemonic gender role has been formulated and practicized. In that sense this research shell try to recognize them (...) as a legitimate source of data about societal process of structural transformation of Serbian society during the last two decades. (shrink)

continent. 1.4 (2011): 253—278. A Sense of French Politics Politics itself is not the exercise of power or struggle for power. Politics is first of all the configuration of a space as political, the framing of a specific sphere of experience, the setting of objects posed as "common" and of subjects to whom the capacity is recognized to designate these objects and discuss about them.(1) On April 14, 2011, France implemented its controversial ban of the niqab and burqa , commonly (...) referred to as the Islamic veil, in public places. On the coattails of the 2004 prohibition of religious artifacts, including the less concealing hijab or Islamic headscarves, in schools, the veil ban sparked equal outrage across both political and theological spectra, and many on both sides of the debate were quick to inquire about enforcement. As Steven Erlanger reports, “The police do not have the authority under the law to remove full veils, only to fine or require citizenship lessons for those who violate the new law.”(2) While the legal and social implications of this interdiction are ripe for study, the reprisals for breaking the law, notably compulsory citizenship classes, illuminate the strategic governmentality underlying the French government's targeting of the Muslim community, particularly those elements it considers affiliated with fundamentalist factions and/or terrorist organizations, if only through fashion—an integral component of French citizenship. Indeed, in allowing the (fashion) police to mandate instructional courses in citizenship for offenders, France implies that any Muslim choosing to wear the niqab or burqa , perhaps even for those who are already citizens, must not be aware of the subtle nuances of dress indicative of the French citizenry within public space. Furthermore, the degree of instruction requisite to citizenship, which clearly can and must be updated as the state sees fit, cements the imagined relation between citizens and states within the discourses on the veil ban. As Sharma contends, “Concepts of citizenship are the ideological glue that bonds the nation to the state. Citizenship provides the legal framework through which the state performs its role as ruler for the nation.”(3) Speaking for/as the state, French President Nicolas Sarkozy declared in a 2009 presentation before members of the government and other citizens that the burqa “is not welcome on the territory of France.”(4) Although there is nothing unique, especially recently, about a nation-state taking extreme measures to guard itself against what it deems to be threats to its sovereignty, the way in which the ongoing discourses on hijab have (d)evolved, which coincide with recent pronouncements by governmental leaders in Germany, Britain, and France that policies of multiculturalism have “failed,”(5) points toward nationalist reterritorializations, which is also to say physical and ideological re-appropriations, of public space within democratic milieux, which remain predicated upon the mediation of spaces. As Panagia deduces from Rancière, “Democracy […] is not an institutional form of government […], but an appearance whose visibilities and audibilites arise out of the dissonant blur of the everyday.”(6) Ultimately, the veil ban represents a calculated move to regulate the every day, which is to say the micropolitics of, that which is visible and invisible within French society, which makes it nothing short of a struggle to manage (the sensation of) bodies. Re-situating the political within the context of sense, Rancière argues that the fundamental essence of politics lies within the distinction between consensus and dissensus , and whereas most consider politics proper as fundamentally concerned with the fluid operations of the state— consensus , Rancière actually locates the political within events that disrupt the normative sensory order of things— dissensus . He explains, “Politics revolves around what is seen and what can be said about it, around who has the ability to see and the talent to speak, around the properties of spaces and the possibilities of time.”(7) This reformulation of politics centers on agency and, albeit perhaps unintended, representationality and offers a useful formulation for spatializing the discourses surrounding the Islamic veil, which are mired within seemingly senseless policies and practices of objectification. Instituting a normative “regime of visibility,” the French veil ban encapsulates the political economy of agency, now both mediated and representational, under the rule of nationalist governmentalities in increasingly transnational contexts.(8) Adjudicating presence within public space signals a concern with the sensory aspects of agency itself—what Rancière terms the “distribution of the sensible,” which is “a matrix that defines a set of relations between sense and sense: that is, between a form of sensory experience and an interpretation which makes sense of it.”(9) To be concerned with sense is to focus upon the body, and this somatic repositioning of the (fashionable) citizen within the territory of the state augurs the resurgence of nationalist bio-politics within Europe, since, as Hage explicates, “Nationalism, before being an explicit practice or a mode of classification, is a state of the body. It is a way of imagining one's position within the nation and what one can aspire to as a national.”(10) The French government's attempt to make (bodily) sense of public space for its citizens by and through policies aimed against a burqa-clad Muslim minority, which might only apply to “less then 400 to fewer than 2,000” women(11), reveals the necessary, yet mercurial, transmutation of public space into national space through bio-political strategies of sense-making, which, as Hage observes, denotes that “nationalists perceive themselves as spatial managers.”(12) At the center of this concern over public space is the equally contentious dimension of governing female Islamic identity, which has become one of the main critiques levied against Islam from outsiders who view the veil in its various forms as a clear sign of the religion's actual and symbolic violence against women, even if such critiques remain ensconced within nationalist discourses. As Halim and Meyers argue, “Although Western news media may focus their coverage of Muslim women on the debate over whether and the extent to which the veil may by oppressive to the women who wear it, they have exhibited little interest in the physical oppression of violence against women in Islamic countries.”(13) While it falls outside of the scope of this analysis to arbitrate all of the dimensions of this debate, understanding some of the issues related to female identity and hijab within public space are crucial to this study. As these topics are extraordinarily complex, even and perhaps especially within the Muslim community, it is necessary to provide some context concerning the value, purpose, and meaning of the Islamic veil, which has a rich and arduous history. The Art of the Veil At present, there are only two countries, Iran and Saudi Arabia, that require women to wear hijab , which is a decidedly problematic term and concept whose locus is itself caught within a struggle of sensation. Noting the strategic reterritorialization of the term, Berger explains: The choice of the name, hijab , now widely adopted to designate the “Islamic veil,” it itself interesting, although the semantic shift it operates is not directly commented upon by its users. Although the design (both the cut and the symbolic function) of the hijab and the Iranian chador are indeed the same, as opposed, for instance, to the traditional Algerian haik , the word hijab has come to replace the term chador popularized by the Iranian revolution, as a properly Arabic (hence Koranic) designation. This discursive shift points to the successful reclaiming of the national revolution in Iran by a transnational pan-Islamic movement, whose language of reference can only be Koranic Arabic.(14) While the hijab is certainly a point of contention within various countries dealing with immigrant Islamic populations (of which France has the largest in Europe as part of its colonial legacy in Algeria), it is clear that the veil is a historically contextualized artifact of Muslim identity with a variety of manifestations, even as forces outside of and within Islam seek to codify its actual and symbolic value. Ultimately, the varieties of hijab , including the full-faced burqa and niqab , are complex assemblages of meaning that speak to the multitudinous flows of Islamic identities over time and space. As Gökariksel and McLarney observe, “Wearing a certain style of veil may simultaneously be a disciplinary practice crucial to the cultivation of piety (Mahmood 2005; Gokariksel 2009) and a gendered performance of social distinction in terms of class, taste, and urbanity (White 1999; Navaro-Yashin 2002; Gokariksel and Secor 2009) or of ethnicity and race (Dwyer 1999).”(15) The ideological marketplace from which the varieties of hijab ebb and flow serves both as a reflection of the ever-present materiality and dynamic functionality of spiritual economies, which are derivative of the equally ubiquitous flows of transnational capital driving agency and representationality within our historical moment. Keeping these dual, yet deeply interconnected, capital ecologies as the site of exploration for how the veil is represented within public space, one might begin to sense what lurks behind such veiled agendas. Examining the symbolic and representational nature of the Islamic “veil” in its various forms, this project situates the decidedly political contestations of public space at stake in the French ban alongside recent condemnations of multiculturalism as calculated efforts to re-distribute the sensible so as to valorize national identity within increasingly transnational and globalized socio-economic spaces, which collapse exchange values between distinct, yet interwoven, economies of (cultural/material/spiritual) capital. As the discourses on the veil rely upon representational imag(in)ings, it seems fitting to explore the political economy and art of the veil through the phenomenon of street art, which, much like hijab , is a complex assemblage of meaning of sensation mired in representationality and capital exchange. As street artists have taken up hijab in various forms, the movement offers a lens with which to situate critical responses to the veil debate across both spiritual and material economies. Situating this street art both aesthetically and historically, Lewisohn explains, “'Street art' is a sub-genre of graffiti writing and owes much to its predecessor. Though there is a good deal of crossover between the genres, they are distinct and separate in their own right.”(16) Evolving out of the graffiti explosion of the late 1970's and 1980's, street art broke the unspoken rules of the artistic underground by challenging and re-examining one's sensory experience of art in public space by experimenting with both content and form in ways that harken back to the Situationist International, which as a collective challenged one's experience of urban space through various media and experiential phenomena. Again, Lewisohn observes, “It's important to note street art's break with the tradition of the tag, and its focus on visual symbols that embrace a much wider range of media than graffiti writers would use.”(17) From stencils to prints and murals to one-liners, street artists developed a reputation for critical social and political commentary, and while it is certainly the case that not all street art is intentionally political, in challenging the normative “regime of visibility,” as Rancière puts it, of public space, street artists—even if unconsciously—call into question the common sensory experience of the politics underlying the formation of (nationalist) space.(18) Indeed, Rancière refers to the partisan sensory managers as “police,” who ultimately forge “the rules governing the circulation of appearances, of their visibility and audibility, and the proper distribution of bodies therein.”(19) As such, one can sense that street art's relationship with the police is tenous for a variety of reasons. Writing about his own experience as a street artist, Shepard Fairey observes, “With street art, there's no committee deciding whether I can put my work up on the street, there's no censorship, and I have total freedom of expression, and that concept of freedom is expressed just by using the street as a medium.”(20) As Fairey and other street artists demonstrate, the medium, to paraphrase Marshall McLuhan, is the most glaring aspect of street art's message, and even as it now finds itself in galleries and usurped by private collectors, the ethos of the movement remains relavent to politics as it is, first and foremost, concerned with the configuration and experience of space. Just as examining the punishments for breaking the veil ban can map the terrain of French politics, a representational genealogy of street artist's deployment of hijab and female Muslim identity can assist in mining the depths of public space as a site of bio-political control and contestation in light of recent events in France and the rising tide of anti-multiculturalist rhetoric across Europe, even though the Islamic presence there is radically heterogenous. Using the work of Shepard Fairey, Princess Hijab, br1, and Banksy, this paper sets out to answer a number of key questions concerning the deployment of hijab, and female Islamic identity in particular, within street art as a movement now integral to and critical of the economies of exchange underlying global capitalism, which as a force of influence cannot be underestimated as a driver in the resurgence of nationalist biopolitical governmentalities. Although there exists a litany of artists to choose from, the aforementioned quartet of designers integrate hijab into their work in a seminal and critical fashion, and all have been working with the veil in some way prior to the French ban, which grants some additional context to their usage of it as a symbol in regards to the breakdown of multiculturalism across Europe, even if unconsciously. Although each artist depicts various amalgamations of hijab in their respective corpus, they share common tropes that raise significant questions concerning the veil debate, namely: what are the conditions of possibility for hijab to become a marker of Islamic identity within public space? How can we make sense of the representational topologies within street art's utilization of the hijab and female Islamic identity in light of the French ban? How might these aesthetic imag(in)ings simultaneously inhabit and combat normative discourses concerning hijab , multiculturalism, female Islamic identity, and public space? With these considerations as a backdrop, it is first necessary to outline more fully the hijab as a representative marker of female Islamic identity. The (Veiled) Writing on the Wall

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In recent years, companies receive pressure to release environmental, social, and governance disclosure, since these are perceived as critical issues by society. Despite this pressure, ESG disclosure practices considerably vary by firm. Prior academic literature investigated country- and firm-level factors determining such variation, alternatively adopting the institutional and legitimacy theory. By combining these theories in a unique framework, this study investigates the extent to which social structures and social legitimization influence ESG disclosure practices and each pillar. Results obtained using (...) a cross-country sample of 14,174 firm-year observations during 2005–2012 provide evidence that country-level characteristics such as a political system, labor system, and cultural system significantly affect firms’ ESG disclosure practices. However, their impact is heterogeneous in that they either reduce or enhance disclosure levels and may differ by pillar. Results for firm-level characteristics related to a firm’s visibility demonstrate a positive and homogeneous effect on ESG disclosure and each pillar. These results inform policy makers and regulators aiming to enhance ESG disclosure levels of the risk they incur when managing variables related to social structure and the benefits of exposing firms to higher visibility. (shrink)

We suggest that a restorative justice critique of current retributive policy and practice may well be a starting point for the development of more just and more effective approaches to sentencing, both formal and informal, and to a more effective approach to reentry for currently incarcerated persons. While restorative justice principles acknowledge the debt owed by offenders to their victims and victimized communities, this is a debt met neither by inflicting harm on the offender nor by removing the (...) offender's rights as a citizen. As a different normative theory, the measure of justice in a restorative approach is the extent to which harm caused by crime is repaired. While restorative justice may therefore demand a lot of offenders, their supporters, and community members, it also provides for the opportunity for victim input and reparation. Most importantly, the normative theory of restorative justice provides a different currency of repair and healing that could begin to displace the currency of punishment that knows no limits. While a restorative metric would certainly have its own limits and guidelines, the metric of uniformity as the primary gauge of justice process could at least be supplemented with a metric of stakeholder participation, satisfaction, accountability, reparation, and peacemaking. (shrink)

_ Source: _Volume 38, Issue 1, pp 71 - 105 Grotius’s theory of punishment provides a unique lens through which to view his evolving thought on sovereignty between _De Indis_ and _De iure belli ac pacis_ and the implications of that evolution for Grotius’s theory of the ius in bello. Throughout both works, Grotius attempted to leave open the possibility of private punishment and private warfare, a position not easily squared with prevailing views of sovereign authority. Initially, Grotius (...) was content with a theory marrying the private right of punishment with more traditional Scholastic views of sovereignty through a transfer of the private right from individuals into the hands of the sovereign. This theory also adopted traditional views of subject responsibility for sovereign acts—and, by extension, the exposure of subjects to punishment for the acts of their sovereign. By the time of his mature work, however, Grotius turned away from natural law justifications for collective responsibility and collective punishment, denying that subjects had to answer for the acts of their sovereign as a necessary incident of the compact creating civil society. This led Grotius to refer virtually all forms of collective responsibility, such as reprisal or punishment exacted through war, to the law of nations. This sharp reduction of the natural consequences of the creation of sovereign power also enabled Grotius’s argument that the private right of war, and in particular the private right of punishment, remained available after the creation of civil society. (shrink)

The pattern of recourse to late medieval church courts suggests how late medieval Christians imagined their Church. Their choice of defendants, crimes, and punishments allowed them to define their communities. In the case of excommunication for debt, the use of procedural excommunications announced from the choir screen after the bidding prayers permitted the exclusion of debtors from the sacramental and economic community. Indeed, failure to pay one’s debts was as uncharitable as usury because the two communities were (...) imperfectly distinguished – until c. 1500. (shrink)