The distinction that Skinner draws in his 'An operant analysis of problem solving' (1966, 1969, 1984) between 'rule-governed' and 'contingency-shaped' behaviour is arguably the most important single contribution to the theory of behaviour that he has made in a long and uniquely distinguished career. The concept of a 'rule' as a 'contingency-specifying' verbal formula which exercises 'stimulus control' over other aspects of the behaviour of a linguistically competent human being presents a formidable challenge to contemporary cognitive psychology (...) in that the Representation' and 'computation' of environmental contingencies is seen as confined to verbally controlled behaviour emitted by linguistically competent human subjects. It also suggests a way of filling a major gap in the account of language offered by Skinner in his earlier book Verbal Behaviour (1957), namely the lack of any account of how the speaker is able to use instructions to evoke behaviour which the listener never previously emitted and declarative sentences to convey information about contingencies which the listener has never previously encountered. (shrink)

Behavioral research suggests that rule-governed behavior should be less sensitive to environmental changes and thus more resistant to extinction (disconfirmation) than contingency-governed behavior. The opposite is implied in Davey's discussion of ontogenetic and phylogenetic contributions to fear development. The generality of the behavioral findings and their apparent inconsistency with the present article should be further explored with more sensitive research paradigms.

While the traditional view was that in order to understand language and our linguistic practices we must explain meaning, the 'pragmatic turn' emerging within the writings of various philosohpers of the second half of the twentieth century caused a basic change of the perspective: the tendency is to concentrate directly on explaining the linguistic practices and leave the need for explaining meaning to emerge (or, as the case may be, not to emerge) subsequently. I argue that after this turn we (...) should explain the peculiar kinds of 'meaningfulness' that characterizes our expressions in terms of what Sellars called "pattern governed behavior". Furthermore, I argue that the turn should not make us discard meanings, but only to reappraise them: to see them as the roles of expressions vis-à-vis the rules that govern our language games. (shrink)

Human risk (the risk of people doing things they shouldn't, or not doing things they should') is the largest single risk facing all organisations -- when things go wrong, there's always a human component, either causing the problem or making it worse. Collectively, companies spend billions trying to manage human risk via functions like Compliance, InfoSec, Risk, Audit, Legal, Human Resources and Internal Comms -- it is people in these functions, as well as those tasked with managing people, that is (...) the target audience for the book. Technology exacerbates the problem by providing each of us with weapons of mass destruction' from a human risk perspective -- even the most junior employee can cause huge damage via their keyboard, either in the work environment or via their personal social media account -- and by taking over basic, repetitive tasks, which mean people are spending more time in human risk sensitive' activities. Traditional approaches to mitigating human risk rely heavily on the idealised presumption that because people are employed, they can simply be told what to do -- this works well in safety-critical environments, where the black & white' parameters of desired outcomes are easy to predict, but is much harder when it comes to grey', less codifiable, areas like ethics which are often difficult to monitor until it's too late and rely on employees being positively engaged. If we want to mitigate the risks posed by human decision-making, then we need to base our approach on an understanding of how humans actually make decisions, which is where Behavioural Science -- a discipline based on academic research and field-tested on real' humans by advertisers, governments and transport authorities -- can help achieve better outcomes. This book is designed to help all those involved in managing human risk to achieve compliance' with a small -- in other words, getting their desired outcome -- and explores how organisations can get the best out of their people by designing frameworks that work with, rather than against, the grain of human thinking. Readers will learn to challenge their existing presumptions about managing human risk and discover practical techniques and examples they can deploy in their work environment. (shrink)

This paper proposes an approach to investigate norm-governed learning agents which combines a logic-based formalism with an equation-based counterpart. This dual formalism enables us to describe the reasoning of such agents and their interactions using argumentation, and, at the same time, to capture systemic features using equations. The approach is applied to norm emergence and internalisation in systems of learning agents. The logical formalism is rooted into a probabilistic defeasible logic instantiating Dung’s argumentation framework. Rules of this logic are (...) attached with probabilities to describe the agents’ minds and behaviours as well as uncertain environments. Then, the equation-based model for reinforcement learning, defined over this probability distribution, allows agents to adapt to their environment and self-organise. (shrink)

In this paper, I focus on the idea that language is a rule‐constituted and rule‐governed practice. This notion has been criticised recently. It has been claimed that, even if linguistic meaning is determined by rules, these rules are not genuinely normative because they do not govern actions within the practice by themselves. It has been emphasised that one needs to consent (e.g., has relevant intention or desire) to be a part of that practice. First, I distinguish between (...) two issues: (1) How do rules come to life? (and the answer to that question is by enactment or communal acceptance), and (2) does being assessed by the standards set by the rules require some form of consent for one's actions to be evaluated by these standards? Then, I demonstrate how, by introducing the notion of “default normativity”, one can defend the idea that there are normative practices that are constituted and governed by rules and that language is one of them. (shrink)

The aim of the present article is twofold. Firstly, it aims to study the problems arising from the notion of rule proposed by Peter Winch in The Idea of a Social Science and Its Relation to Philosophy to account for all meaningful behavior. On the one hand, it will analyze the problems in the argument posed by Winch in order to state that all meaningful behavior is governed by rules. On the other hand, it will focus (...) on the problems concerning his conception of rules and rule-following, with specific emphasis on pointing out the issues that arise from the criterion posed by Winch in order to determine when a rule is being followed. Secondly, it aims to reassess Winch’s proposal and reformulate, accommodate and define his notion of rule in an intentional account of meaningful behavior, thus solving the problems presented. In addition, it will provide a criterion that allows to determine when a rule is being followed. (shrink)

How should moral sanctions and moral rewards - the moral sentiments involving feelings of guilt and of virtue - be employed to govern individuals' behavior if the objective is to maximize social welfare? In the model that we examine, guilt is a disincentive to act and virtue is an incentive because we assume that they are negative and positive sources of utility. We also suppose that guilt and virtue are costly to inculcate and are subject to certain constraints on (...) their use. We show that the moral sentiments should be used chiefly to control externalities and further that guilt is best to employ when most harmful acts can successfully be deterred whereas virtue is best when only a few individuals can be induced to behave well. We also contrast the optimal use of guilt and virtue to optimal Pigouvian taxation and discuss extensions of our analysis. (shrink)

This article traces a normative turn between the middle of the 1940s and the early 1950s reflected in the reformulation, interpretation, and use of rational choice theories at the Cowles Commission for Research in Economics. This turn is paralleled by a transition from Jacob Marschak’s to Tjalling Koopmans’s research program. While rational choice theories initially raised high hopes that they would serve as empirical accounts to inform testable hypotheses about economic regularities, they became increasingly modified and interpreted as normative approaches (...) offering behavioral recommendations for individual agents, organizations, government, and teams. The predefined elements constitutive of these accounts, inspired by simple rules of logic, were now meant to represent the basic demands of rationality and theories of rational decision making specified rules of conduct that were meant to shape rather than explain behavior. (shrink)

This edited book addresses four themes of contemporary importance in the experimental and applied analysis of behaviour: chronobiology (relationships between time and behaviour), the emergence of rational thinking, language, and behavioural medicine. The current empirical and theoretical status of each theme is considered in individual chapters, the authors of which are distinguished research scientists drawn from a wide range of scholarship and with a distinctive European dimension. This cultural and theoretical diversity emerges from the fact that each chapter is developed (...) from a paper originally presented by invitation at the Second European Meeting on the Experimental Analysis of Behaviour, which was held in Liège, Belgium in 1988. Within the four themes, individual topics address issues such as circadian rhythms in behaviour, temporal regulation in children and in animals, the emergence of equivalence relations in children and animals, the development of thinking in mentally retarded children, reasoning and associative learning in animals, rule'governed behaviour, theoretical issues relating language to the theory of mind, the relationship between behavioural and visceral functions, the relevance of behavioural approaches to the prevention of AIDS, and the development of self'detection skills for breast cancer. The book makes an important contribution to the literature of contemporary behaviour analysis by reviewing issues of current interest and importance from a broad theoretical base. (shrink)

:Most game-theoretic accounts of institutions reduce institutions to behavioural patterns the players are incentivized to implement. An alternative account linking institutions to rule-following behaviour in a game-theoretic framework is developed on the basis of David Lewis’s and Ludwig Wittgenstein's respective accounts of conventions and language games. Institutions are formalized as epistemic games where the players share some forms of practical reasoning. An institution is a rule-governed game satisfying three conditions: common understanding, minimal awareness and minimal practical rationality. (...) Common understanding has a strong similarity with Ludwig Wittgenstein's concept of lebensform while minimal awareness and minimal practical rationality capture the idea that rule-following is community-based. (shrink)

The idea that speaking a language is a rule‑ governed form of behavior goes back at least to Wittgenstein’s language-game analogy, and can be found most prominently in the work of Searle and Alston. Both theorists have a conception of illocutionary rules as putting illocutionary conditions on utterance acts. We argue that this conception of illocutionary rules is inadequate — it does not meet intuitively plausible conditions of adequacy for the description of illocutionary acts. Nor are illocutionary (...) rules as so conceived necessary to account for the normative dimension of illocutionary acts. In light of these conclusions we address the question of what a conception of language use not as rule-governed, but still normative, might look like. (shrink)

This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.

. In his work on language John Searle favors an Austinian approach that emphasizes the speech act as the basic unit of meaning and communication, and which sees speaking a language as engaging in a rule-governed form of behavior. He couples this with a strident opposition to cognitivist approaches that posit unconscious rule following as the causal basis of linguistic competence. In place of unconscious rule following Searle posits what he calls the Background, comprised of (...) nonintentional (nonrepresentational) mental phenomena. I argue that these two aspects of his philosophy of language cannot be reconciled. In order to preserve his view of language as a rule-governed activity, he must embrace the cognitivist idea of unconscious rule following. Finally, I try to show how such an accommodation would be far less traumatic to Searle’s philosophical system than it might otherwise seem. (shrink)

These remarks on following a rule are especially concerned with what Peter Winch has had to say on the matter, and with the flawed logic of his reasoning; but they are also intended to cast some light on the logical character of metaphysical reasoning generally. In The Idea of a Social Science , one of Winch's main aims is to show that what he calls meaningful behaviour must involve some kind of understanding or reflection. His strategy appears to consist (...) in trying to show, first, that all such behaviour, or perhaps behaviour as a whole, is rule-governed and, secondly, that following a rule necessarily involves ‘matters for reflection’. It will be my contention that the method employed in this argument, like the method employed throughout his book, is essentially metaphysical and incapable of yielding anything other than vacuous conclusions. (shrink)

The world has surpassed three million deaths from COVID-19, and faces potentially catastrophic tipping points in the global climate system. Despite the urgency, governments have struggled to address either problem. In this paper, we argue that COVID-19 and anthropogenic climate change (ACC) are critical examples of an emerging type of governance challenge: severe collective action problems that require significant individual behavior change under conditions of hyper- partisanship and scientific misinformation. Building on foundational political science work demonstrating the potential for (...) norms (or informal rules of behavior) to solve collective action problems, we analyze more recent work on norms from neighboring disciplines to offer novel recommendations for more difficult challenges like COVID-19 and ACC. Key insights include more attention to (1) norm-based messaging strategies that appeal to individuals across the ideological spectrum or that reframe collective action as consistent with resistant subgroups’ pre-existing values, (2) messages that emphasize both the prevalence and the social desirability of individual behaviors required to address these challenges, (3) careful use of public policies and incentives that make individual behavior change easier without threatening norm internalization, and (4) greater attention to epistemic norms governing trust in different information sources. We conclude by pointing out that COVID-19 and climate change are likely harbingers of other polarized collective action problems that governments will face in the future. By connecting work on norms and political governance with a broader, interdisciplinary literature on norm psychology, motivation, and behavior change, we aim to improve the ability of political scientists and policy makers to respond to these and future collective action challenges. (shrink)

"[W]e must focus on what legalism, per se, means, and then ask why is it a good thing to have. Not less importantly, however, we must also realize that legalism can be excessive. Even if the rule of law is a good thing, too much of it may be bad. So the challenge for a theory of the rule of law is to articulate what the rule of law is, why is it good, and to what extent." (...) "[T]he essense of the ideal of the rule of law is that people ought to be governed by law. This general ideal has at least two main components. First, it requires that governments, namely, de facto political authorities, should rule, that is, guide their subjects' conduct, by law. Second, it requires that the law by which governments purport to rule should be such that it can actually guide human conduct." "The idea that governments should rule by law must be premised on the assumption that rule by law, regardless of the laws' specific content, is to be preferred to governance by other means of social control. And this immediately brings us to the second component of the rule of law, namely, that the law must be such that it can actually guide human conduct, and the further assumption that these necessary features of law embody certain virtues. In other words, unless we can first articulate what is unique about legal means of social control, and explain why those features promote certain goods, we cannot ground the idea that governments should rule by law." Discusses ways, following mainly Fuller, one can fail to make law. Notes that these are functional goods for the regulation of human behavior. They may have a connection to other things we value. We should not assume, though, that greater instantiation of these ideals is always better - sometimes ideals conflict such that more of one means less of another and "because such values, on their own grounds, set only a rough standard wherby gross deviations from it would be wrong." "Compliance with the generality-relevance principle is crucially important in safeguarding against such unjustified favoritism since it requires that the norm's subjects be those who qualify as such only on the basis of the reasons for enacting the norm in the first place." Though, we must recognize teh possibility of bad law in the sense of unjust discrimination. "It is part of the concept of law that the law purports to affect human behavior by introducing new norms and changing old ones. The concept of a norm and conduct-guidance by norms is an essential aspect of what the law is. Norms, as such, necessarily purport to provide reasons for action. A norm cannot provide a reason for action, however, unless its subjets are aware of the norm and regard it as a reason for action." Justifies some retroactivity in terms of the need for flexibility in any functioning legal system. "Legal positivism can accept the claim that law is, by its very nature or its essential functions in society, something good that deserves our moral appreciation. Nor is legal positivism forced to deny the plausible claim that wherever law exists, it must have a great many prescriptions which coincide with morality. There is probably a considerable overlap, and perhaps necessarily so, between the actual content of law and morality.". (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rules and CommunityJeffrey Bedrick, MDThe paper, “The Dilemma of Compliance: Roles and Rules in Schizophrenia, Censorship, and Life,” by Riley Paterson raises a number of interesting issues. I am only able to address a few of these issues here, and I do so in the hope of broadening our consideration of some of the basic concerns.Paterson focuses his attention on the potentially repressive side of rules, even while acknowledging (...) the broader role of rules in human life. Thus, towards the end of his paper he writes “While I regard all experience as rule- and role-bound, the aforementioned groups”—those who “experience schizophrenia, persecution, or are otherwise marginalized and vulnerable”—“experience rules and roles with particular violence.” He admirably warns us to be sure that in our work with people we are not traumatizing or re-traumatizing them.But rules play a broader role in human life. Paterson discusses censorship and the role that rules can play in repressing the expression of ideas. But rules also allow the use of language and govern communication in general. Writers living under censorship resorted, Paterson notes, to a system of exoteric and esoteric writing and communication. But those esoteric texts, if they were not to remain purely private and unknowable to those who read the texts, had to follow certain rules and conventions to signal the reader that the exoteric text was not all there was, and that there was another, esoteric, meaning to be found within the text. Writing under conditions of censorship remained a communal, intersubjective, endeavor.With schizophrenia, the seeming central topic of the paper, the situation becomes even more complex. We shall see that Paterson’s analyses point us in two different directions.Paterson writes:In schizophrenia we see an exaggerated instance of the dilemma raised above: There is a gap that exists between the publicly available roles, and the person we feel ourselves to be. We are required to conform with the demands of these roles to preserve what we feel most natural in ourselves. People with schizophrenia often must conceal, at times, their experiences of hallucinations and delusions in order to preserve some ability for social interaction. In my clinical work, however, people with schizophrenia have often reported it has felt freeing to learn when and with whom they can share those thoughts and experiences. Freeing, not because they need to hide part of themselves but because doing so opens up possibilities of social interaction and community.Further, Paterson writes of the difficulties people with schizophrenia may have with ‘weintentionality.’ Referencing Salice and Henriksen (2021) [End Page 381] he concludes that “the self-disorders of schizophrenia preserve a capacity for joint intentionality (rule following) but severely inhibit an experience of group belonging and identity (weintentionality).” Indeed he notes, again following Salice and Henriksen (2021), “that some individuals experiencing more mild forms of schizophrenia spectrum disorders found great comfort and safety in rule following.” The problem for people with schizophrenia thus seems less with applying specific rules, which might in some cases be meant to regulate or repress behavior, than in establishing we-intentionality. Many phenomenologists have explored the concept of intersubjectivity and have noted, as have many psychoanalysts and therapists, that there is no pure, interior subject but that our very selfhood is formed in interaction and relation to others. (See, for one example, the work of Alfred Schutz (1967) for a phenomenological investigation of intersubjectivity and the social.) To borrow Paterson’s gardening metaphor, there are no sole, beautiful flowers. They must be cared for to grow, or be part of a natural ecosystem that allows them to flourish.Cognitive and negative symptoms are widely accepted as posing more of a burden to schizophrenia than the more flamboyant hallucinations and delusions. These seem to me to be due less to a difficulty conforming or complying to social rules that may be felt to be restrictive or repressive and more due to the difficulties with intersubjectivity and we-intentionality. The people I have worked with who were most limited by their schizophrenia in my judgment have been people with severe thought disorders who demonstrated severe loosening of associations and word salad. I say... (shrink)

Frege argued that though it is logically possible for an illogical community to exist, It is not possible that it should be right. Neither the assertion of false statements nor the acceptance of invalid arguments suffices to render a community illogical. The kinds of behavior which would suffice prove, On examination, To be very rare, But to justify frege's rather obscure remarks on illogicality and the universality of logical laws. The laws of logic are to be understood as constraints (...) on the kinds of rules governing linguistic exchanges needed if the language is to accommodate attempts to prove. (edited). (shrink)

Behavior that solves a problem is distinguished by the fact that it changes another part of the solver's behavior and is strengthened when it does so. Problem solving typically involves the construction of discriminative stimuli. Verbal responses produce especially useful stimuli, because they affect other people. As a culture formulates maxims, laws, grammar, and science, its members behave more effectively without direct or prolonged contact with the contingencies thus formulated. The culture solves problems for its members, and does (...) so by transmitting the verbal discriminative stimuli called rules. Induction, deduction, and the construction of models are ways of producing rules. Behavior that solves a problem may result from direct shaping by contingencies or from rules constructed either by the problem solver or by others. Because different controlling variables are involved, contingency-shaped behavior is never exactly like rule-governed behavior. The distinction must take account of a system which establishes certain contingencies of reinforcement, such as some part of the natural environment, a piece of equipment, or a verbal community; the behavior shaped and maintained by these contingencies; rules, derived from the contingencies, which specify discriminative stimuli, responses, and consequences, and the behavior occasioned by the rules. (shrink)

A recent paper by David Levy focuses on “utility enhancing consumption constraints.” Levy concludes by noting that his analysis stays within standard utility maximizing theory, in contrast to my analysis of rule-governed behavior which allows imperfect decisions that don't always maximize utility. I wish to show how our two theories can be integrated, thereby representing complementary, rather than conflicting, explanations. In the process, I argue that imperfect decisions are an essential factor in the stability of any (...) class='Hi'>rule that constrains freedom of choice. I also briefly discuss certain intrinsic problems with achieving “self-stabilizing” rules applied to moral teachings. (shrink)

A major strategy in the creation of sustainable economies is the establishment of alternative market institutions, such as fair trade and local market systems. However, the dynamics of these alternative markets are poorly understood. What are the rules of behavior by which these markets function? How do these markets maintain their separate identity as “alternative”: apart from the conventional (“free”) market system? Building on Lyson’s notion of civic agriculture, we argue that alternative markets maintain themselves through civic engagement. However, (...) we argue that the civically-engaged practices of alternative markets are poorly understood. We seek, therefore, to begin a conversation about the everyday forms of civic engagement in alternative practice and to do this we introduce a few useful conceptual tools. Building upon ideas in science studies about the collaboration of scientists (Hess, Alternative pathways in science and industry, 2007) we argue that civic markets have their own “market fields” and “modes of governance” (Bulkeley et al., Environment and Planning A 39:2733–2753, 2007), their own fields of social interaction in which rules of behavior become stabilized and determine how the market works. The creation of a social field also requires the demarcation of boundaries, referred to in the science studies literature as “boundary work” (Gieryn, Cultural boundaries of science: Credibility on the line, 1999). We apply the idea of boundary work to understand how alternative market actors maintain boundaries between alternative and conventional markets. Finally, studies of collaboration in science have often centered on the object created through these interactions, an object that is partially material and partially a product of knowledge, what (Rheinberger, Toward a history of epistemic things: Synthesizing proteins in the test tube, 1997) calls an “epistemic object.” We use this idea to understand that the creation of alternative objects of exchange, such as organic food, are epistemic objects in that they combine both particular materialities and particular ways of knowing. Using these concepts, we will carry out a close analysis of the mode of governance in the national organic market, looking specifically a recent governance crisis in organic agriculture known as the Harvey lawsuit. (shrink)

Government has played a pervasive and largely overlooked role in journalists' ethical decision making. Federal Communications Commission (FCC) rules governing program content, and a libel law system run amok, are only two wats government influences journalists' behavior. This substitution of government ethics for private ethics creates minimum standards of conduct rather than challenging journalists to an ethical ideal. More subtly, government erects structural barriers to the development of the very technologies (like cable TV) that can offer journalists a more (...) ethically hospitable environment. In the information age, ethicists will need to be aware of, and wary of, government attempts to control development of the very media that hold the greatest ethical promise. (shrink)

Although US and European research has documented improvement in earnings quality associated with corporate governance characteristics, the situation in Latin America is questionable, given the business environment in which firms operate, which is characterized by controlling family ownership and weak legal protection. The purpose of this study is to examine the relation between the internal mechanisms of Corporate Governance and Earnings Management measured by discretionary accrual. We use a sample of listed Latin American non-financial companies from the period 2006–2009. Our (...) results show how in the Latin American context the role of external directors is limited and that Boards which meet more frequently take a more active position in the monitoring of insiders, so showing a lower use of manipulative practices. In addition, we find a non-linear relation between insider ownership and discretionary accruals, also pointing to the fact that ownership concentration may be a manipulative practices constrictor mechanism only when the ownership of main shareholders is moderate. The findings have important policy implications since this is, to the best of our knowledge, the first study to analyze the relation between the effectiveness of the government and the earnings management behavior. As policy implications, we document how when a country implements controls aimed at reducing corruption, strengthening the rule of law or improving the effectiveness of government, this leads to a reduction in firm earnings management. (shrink)

For Kant, education was understood as the ‘means’ to become human—and that is to say, rational. For Rousseau by contrast, and the many child‐centred educators that followed him, the adult world, far from representing reason, is essentially corrupt and given over to the superficialities of worldly vanity. On this view, the child, as a product of nature, is essentially good and will learn all she needs to know from experience. Both positions have their own problems, but beyond this ‘internal debate’, (...) the change in the content of education (i.e. child‐rearing and schooling) is now furthermore due to a radical pluralism that has swept the world. Moreover, there may be differences in value between individual parents and between values held within the family and those held in society at large. Among other reasons this has put more generally children's (and parents’) ‘rights’ on the agenda, which differs from thinking of education in terms of a ‘practice’. The paper develops this latter concept and the criticisms to which it has been subject and argues that there is no necessary incompatibility between initiation into an existing practice and transforming that practice in some way, if it is emphasized how practices are learned and enacted. It then turns to the tendency in education and child‐rearing, as in other spheres of human interaction, for more laws and codes of conduct and to call upon experts for all kind of matters. It argues that performativity rules on the level of the practitioner, of the experts, and even on the level of educational research. It argues that many governments have adopted in matters of schooling the language of output and school effectiveness and that something similar is now bound to happen in the sphere of child‐rearing (with talk of parenting skills and courses). This is made credible due to a particular model of educational research, i.e. an empiricist quasi‐causal model of explaining human behaviour. The paper then discusses the problems with this stance and argues that we should part company from the entrepreneurial manipulative educator to open up a sphere of responsiveness for the child and that for these reasons, the concept of the ‘practice of child‐rearing’ should be revisited. Insisting on the complexities that have to be taken into account and thus surpassing a discourse of effectiveness and output as well as of codes of conduct and rulings of courts of law, may help us to focus on what is really at stake: to lead a meaningful life, to be initiated into what is ‘real for us’ and what we value. It concludes that thus restoring a place for child‐rearing as a practice will do justice to the responsiveness to which each child is entitled. (shrink)

The Dialogues of Confucius (Kongzi Jia Yu 孔子家語) is an unexplored resource for the philosophy of Confucius. In this article, I make a first attempt at mining its riches. Focusing on Chapters 21 and 32, I reconstruct a multilevel theory of governing that is a cyclic process proceeding from the moral psychology of the individual to social organization, to the society as grounded in natural processes, and to the metaphysics of the natural processes themselves, thus adumbrating a metaphysics of morals (...) from the microcosmic to the macrocosmic. This movement between macrocosmic and microcosmic levels encompasses moral psychology, economics, politics, aesthetics, and metaphysics. The metaphysical forces that account for the blowing of the wind and the motivation of human behavior are forces that flow when functioning properly and that otherwise stagnate. Maintaining that flow is the task of the leadership. Once that task is accomplished, and the flywheel spins of its own momentum, the people become self-governing. This multilevel cyclic process is compared to contemporary Western economic and political theory that is based on the unimpeded individual, aggregated into majoritarian democratic rule, based on the social contract, and vulnerable to the tragedy of the commons. Contrary to current Confucian-based correctives to democracy that seek to limit the power of the people, this Confucian argument empowers the people via a frugal, caring, well-regulated leadership. (shrink)

Noam Chomsky and other linguists and psychologists have suggested that human linguistic behavior is somehow governed by a mental representation of a transformational grammar. Challenges to this controversial claim have often been met by invoking an explicitly computational perspective: It makes perfect sense to suppose that a grammar could be represented in the memory of a computational device and that this grammar could govern the device's use of a language. This paper urges, however, that the claim that humans (...) are such a device is unsupported and that it seems unlikely that linguists and psychologists really want to claim any such thing. Evidence for the linguists' original claim is drawn from three main sources: the explanation of language comprehension and other linguistic abilities; evidence for formal properties of the rules of the grammar; and the explanation of language acquisition. It is argued in this paper that none of these sources provides support for the view that the grammar governs language processing in something like the way a program governs the operation of a programmed machine. The computational approach, on the contrary, suggests ways in which linguistic abilities can be explained without the attribution of any explicit representation of rules governing linguistic behavior. (shrink)

After a crisis, broad and sweeping reforms are enacted to restore trust. Following the 2007-2008 Great Financial Crisis, the European Union has engaged in an ambitious overhaul of banking regulation. One of its centerpieces, the 2013 Fourth Capital Requirements Directive, tackles, amongst other things, the perceived pre-crisis failings in the governance of banks. We focus on the provisions that are aimed at reshaping bank boards’ composition, functioning, and their members’ liabilities, and argue that they are unlikely to improve bank boards’ (...) effectiveness or prevent excessive risk-taking. We criticize some of them for mandating solutions, like board diversity and the separation of chairman and CEO, that may be good for some banks but are bad for others, in the absence of any convincing argument that their overall effect is positive. We also criticize enhanced board liability by showing that it may increase the risk of herd behavior and lead to more serious harm in the event of managerial mistakes. We also highlight that the push towards unfriendly boards will negatively affect board dynamics and make boards as dysfunctional as when the CEO dominates them. We further argue that limits on directorships and diversity requirements will worsen the shortage of bank directors, while requirements for induction and training and board evaluation exercises will more likely lead to tick-the-box exercises than under the current situation in which they are just best practices. We conclude that European policymakers and supervisors should avoid using a heavy hand, respectively, when issuing rules implementing CRD IV provisions with regard to bank boards and when enforcing them. (shrink)

euroscience of Rule-Guided Behavior brings together, for the first time, the experiments and theories that have created the new science of rules. Rules are central to human behavior, but until now the field of neuroscience lacked a synthetic approach to understanding them. How are rules learned, retrieved from memory, maintained in consciousness and implemented? How are they used to solve problems and select among actions and activities? How are the various levels of rules represented in the brain, (...) ranging from simple conditional ones if a traffic light turns red, then stop to rules and strategies of such sophistication that they defy description? And how do brain regions interact to produce rule-guided behavior? These are among the most fundamental questions facing neuroscience, but until recently there was relatively little progress in answering them. It was difficult to probe brain mechanisms in humans, and expert opinion held that animals lacked the capacity for such high-level behavior. However, rapid progress in neuroimaging technology has allowed investigators to explore brain mechanisms in humans, while increasingly sophisticated behavioral methods have revealed that animals can and do use high-level rules to control their behavior. The resulting explosion of information has led to a new science of rules, but it has also produced a plethora of overlapping ideas and terminology and a field sorely in need of synthesis. In this book, Silvia Bunge and Jonathan Wallis bring together the worlds leading cognitive and systems neuroscientists to explain the most recent research on rule-guided behavior. Their work covers a wide range of disciplines and methods, including neuropsychology, functional magnetic resonance imaging, neurophysiology, electroencephalography, neuropharmacology, near-infrared spectroscopy, and transcranial magnetic stimulation. This unprecedented synthesis is a must-read for anyone interested in how complex behavior is controlled and organized by the brain. (shrink)

Political reconciliation involves the repairing of damaged political relationships. This paper considers the possibility and moral justifiability of pursuing political reconciliation in the aftermath of systematic and egregious wrongdoing, in particular genocide. The first two sections discuss what political reconciliation specifically requires. I argue that it neither entails nor necessitates forgiveness. Rather, I claim, political reconciliation should be conceptualized as the (re-)establishment of Fullerian mutual respect for the rule of law. When a society governs by law, publicly declared legal (...) rules establish clear and practicable standards for behavior which are enforced in practice. Subjects of the law thus can form stable and reasonable predictions of how other citizens and officials will respond to their actions. After explaining why this analysis of political reconciliation is compelling, the third section spells out the implications of my analysis for determining the possibility of achieving and the justifiability of pursuing political reconciliation. (shrink)

In this paper, I explore the nature of social rules, including the limitations of most theories of rules which see them either as intentionally followed by, or as objectively describing the behavior of social actors. I argue that a phenomenological description of what it is like actually to be governed by a rule points the way to reconceptualizing the role of social rules in structuring our world and our experience of the world.

In this paper, I explore the nature of social rules, including the limitations of most theories of rules which see them either as intentionally followed by, or as objectively describing the behavior of social actors. I argue that a phenomenological description of what it is like actually to be governed by a rule points the way to reconceptualizing the role of social rules in structuring our world and our experience of the world.

It has become almost a truism to describe the interaction between research ethics committees and researchers as being marred by distrust and conflict. The ethical conduct of researchers is increasingly a matter of institutional concern because of the degree to which non-compliance with national standards can expose the entire institution to risk. This has transformed research ethics into what some have described as a research ethics industry. In an operational sense, there is considerable focus on modifying research behaviour through a (...) combination of education and sanctions. The assessment of whether a researcher is ethical is too often based on whether they submit their work for review by an ethics committee. However, is such an approach making a useful contribution to the actual ethical conduct of research and the protection of the interests of participants? Does a focus on ethical review minimise institutional risk? Instead it has been suggested that ethics committees may be distorting or frustrating useful research and are promoting a culture of either mindless rule following or frustrated resistance. An alternative governance approach is required. There is a need for a strong institutional focus on promoting and supporting the reflective practice of researchers through every stage of their work. By situating research ethics within the broader framework of institutional governance, this paper suggests it is possible to establish arrangements that actually facilitate excellent and ethical research. (shrink)

A commonly accepted definition of the democracy is; “Rule of the majority by the supreme power vested in the people and exercised by them directly”. The democratic government may remain in power until and unless people repose the confidence over it. In Pakistan the main reason of failure of the democracy is that, it is generally against the social behavior of Pakistan. Just because of this the democracy could not come around in Pakistan, yet people cannot be incriminated (...) for the same. The history is witnessed that Pakistani people had supported all social movements having collective ambitions but unluckily after freedom no political party or leadership was available to Pakistanis which could do something for them. Soon after freedom bureaucrats had prevalence in the government due to this the overall control remained in the hands of Governor General or non-representatives. So, democratic institutions could not attain freedom from them. Undoubtedly from the beginning the Pakistan Army attained a dominating role in the system of government and in the field of politics and during the last 60 years they remained in rule for more than a half of the tenure and the political governments were never allowed to take any step freely. In the current scenario Pakistan should have to pass through a democratic way which was stopped by the Armed forces and bureaucracy by adopting different means. (shrink)

The 21st century has seen a much-increased focus on the importance of ethical behaviour in business, driven by major scandals, calls for stricter regulation and increased demands for improved governance and reporting. In parallel, there are calls for the incorporation of moral and ethical elements in business education and university accreditation bodies and schools are responding. In particular, the explosion of technology change, particularly Internet, social media and beyond have raised many challenges for individuals, organizations and legislators. However, educational responses (...) are varied and little has been done to determine the effectiveness of what has been done. Most responses to this need to provide ethical education follow a cognitive, rule-based approach, often using case-based techniques. This can improve knowledge and understanding of ethical issues, but it may have limited influence on actual behaviour. A relatively new field – Positive Psychology -- provides an alternate perspective, focusing on what is good rather than what is poor behaviour. One Positive Psychology approach, that of Appreciative Inquiry, which has not previously been used in ICT ethics education, offers a promising technique to develop improved moral attitudes and behaviour. This paper reports on a large-scale pedagogical research project that: examines ethical perspectives from philosophy, psychology and pedagogy in the context of ICT professional education; describes the development and multistage implementation of an ethics course in an undergraduate business ICT program delivered to more than 1,200 students; discusses the formal evaluation of changes in moral attitude following a Positive Psychology intervention in the education of some 300 Business ICT students using the Defining Issues Test, Version 2 and the IMIS Survey developed at the Centre for Computing and Social Responsibility. The project results demonstrate that a well-designed applied ICT ethics course produces measureable positive changes in the ethical stances of participants and that the use of Appreciative Inquiry increases the impact of these changes. In addition to the relevance of the findings for educators they can provide guidance to those in organisations responsible for the ethical behaviour of their ICT employees. (shrink)

Corruption is defined as private individuals or enterprises who misuse public resources for private power and/or political gains. They do so through abusing public officials whose behavior deviates from the formal government rules of conduct. Ethical behavior is defined as individuals or enterprises adhering to a non-corrupt work or business practice. A review of the academic literature is conducted drawing on perspectives from the political, economic, and anthropological sciences. Insights from a Danish research program are reported on. This (...) program identifies five different actions for dealing with corruption: (1) no action; (2) withdrawals from markets; (3) decentralized decision-making process; (4) establishment of an anti-corruption code; and (5) mutual commitment through integrity pact. The following aspects of ethical behavior should be regulated through an anti-corruption code: the company vis-à-vis political parties; gifts and entertainment expenses; political campaign contributions; and policy against small-scale corruption. Directions for future research are considered including the role of international organizations and multinational companies in fighting corruption and fostering ethical behavior; the role of countries and their governments; and the management systems. (shrink)

International differences in how market exchanges are conducted (e.g., the mode of entry, level of ownership, and conflict resolution) have been attributed mainly to national culture and cultural distance. However, the cultural arguments cannot explain why economies/countries with similar cultural backgrounds (e.g., Hong Kong and China) exhibit differences in exchange arrangements. Thus, the cultural arguments provide little strategic guidance to multinational corporations (MNCs) in international marketing. We propose that in addition to culture, the governance environment in a country, namely, the (...) political, economic, and social institutions that facilitate or constrain the choice of governance mechanisms, influences the way organizations conduct market exchanges. This important factor heretofore has been ignored. Specifically, we introduce a typology of rule-based and relation-based governance environment to explain how the environment affects marketing channel behaviors, such as barriers to entry, channel exclusivity, information access, trust, and dispute resolution. We analyze the diamond industry in the rule-based governance environment in the U.S. and in the relation-based governance environment in China, and using the diamond industry in Hong Kong as a validation, to develop theoretical propositions and strategic implications for MNCs. (shrink)

It is often argued that the rule of law is only instrumentally morally valuable, valuable when and to the extent that a legal system is used to purse morally valuable ends. In this paper, I defend Lon Fuller’s view that the rule of law has conditional non-instrumental as well as instrumental moral value. I argue, along Fullerian lines, that the rule of law is conditionally non-instrumentally valuable in virtue of the way a legal system structures political relationships. (...) The rule of law specifies a set of requirements which lawmakers must respect if they are to govern legally. As such, the rule of law restricts the illegal or extra-legal use of power. When a society rules by law, there are clear rules articulating the behavior appropriate for citizens and officials. Such rules ideally determine the particular contours political relationships will take. When the requirements of the rule of law are respected, the political relationships structured by the legal system constitutively express the moral values of reciprocity and respect for autonomy. The rule of law is instrumentally valuable, I argue, because in practice the rule of law limits the kind of injustice which governments pursue. There is in practice a deeper connection between ruling by law and the pursuit of moral ends than advocates of the standard view recognize. The next part of this paper outlines Lon Fuller’s conception of the rule of law and his explanation of its moral value. The third.. (shrink)

From an institutional perspective we contribute to corporate governance of firms by (1) proposing a procedurally fair mechanism that is ethically desirable, and (2) experimentally testing whether procedural fairness crowds-in ethical behavior of managers (on behalf of shareholders) and workers. The experiment sees one ‘manager’ and three ‘workers’ (possibly representing three sections of the firm) co-determining an efficiency-enhancing investment which could harm some workers. Firstly, the manager claims a share of the investment surplus, then workers ‘bid’ for the investment (...) to express their willingness to satisfy the manager’s claim in case the investment is implemented. If the sum of workers’ bids is less than the manager’s claim, the investment is not implementable, which means its surplus will be lost. Workers’ behavior is ‘ethical’ when they veto unfair managerial claims, because the workers have to sacrifice own earnings. Hence, a manager’s fair claim is the ethical response to the threat of workers’ veto. If the manager claims fairly, workers’ ethical behavior is to ‘truthfully’ bid their investment evaluations; by all doing so, they equally share whatever surplus the manager has left for them. The experimental results show ethical behavior of managers in the form of fair claims. Despite these fair claims, workers behave less ethically by strategically underbidding. So the procedurally fair mechanism only partially crowds-in ethical behavior. This study should interest theorists of stakeholder management, especially those engaged in designing the rules of corporate governance. (shrink)

Many people recognize that governments can play salutary roles in relation to markets by “overseeing” market behavior from “above,” or supplying foundational “rules of the game” from “below.” It is probably no accident that these widely recognized roles also sit comfortably with traditional conceptions of government and market, pursuant to which people tend categorically to distinguish between “public” and “private” spheres of activity. There is a third form of government action that receives less attention than forms and, however, possibly (...) owing in part to its straddling the traditional public/private divide. We call it the “government as market actor” form, whereby government instrumentalities pursue traditionally “public” ends through traditionally “private” means. Inattention to this pervasive form of government action might signal a theoretical blind spot attending the public/private distinction itself. At least as importantly, however, this inattention also denies us a practical opportunity: it prevents our more fully exploiting the government role in question. This Article, part of a larger project, aims to encourage fuller theoretical appreciation and wider practical use of the role we identify. It first offers a provisional taxonomy of recurrent forms that the government market actor role appears to take, affording a wealth of illustrative case studies in so doing. It then envisions additional good that governments might do, simply by extending their market acting roles to spheres in which they have yet to be fully utilized. The Article concludes by suggesting next steps in both theorizing and employing the government market actor role. (shrink)

Many evolutionary models assume that behaviors are caused directly by genes. An implication is that behavioral uniformity should be found only in groups that are genetically uniform. Yet, the members of human social groups often behave in a uniform fashion, despite the fact that they are genetically diverse. Behavioral uniformity can occur through a variety of psychological mechanisms and social processes, such as imitation, consensus decision making, or the imposition of social norms. We present a series of models in which (...) genes code for social transmission rules, which in turn govern the behaviors that are adopted. Transmission rules can evolve in randomly formed groups that concentrate phenotypic variation at the between-group level, favoring the evolution of altruistic behaviors and other group-advantageous traits. In addition, a direct bias toward adopting altruistic behaviors can evolve. Our models begin to show how group selection can be a strong force in human evolution, despite the absence of extreme genetic variation among groups. (shrink)

This paper makes the two following claims: 1) The legal dimension of loyalty within organizations goes beyond duties. The governance design aimed at ensuring loyalty may strongly affect standards that characterize each layer of the organization. The interaction between standards of duty and the governance dimension of loyalty should, therefore, be more tailored to specific legal forms and their functional correlation with ownership and financing. 2) There is a greater divergence than has so far been acknowledged between the function of (...) loyalty in vertically integrated firms and in networks of small firms. This difference, created by the relationship between the duty and the governance dimensions, should have repercussions on the definitions of legal standards. In particular, it should reflect the different relationships between hierarchy, monitoring, and loyalty and the choice between prohibitory, authorization-based, and compensatory rules. The analysis concentrates on the key variables that may affect the choice between vertical and horizontal monitoring to ensure compliance with loyal behavior in two polar models: hierarchical firms and networks of small firms. It reveals the importance of considering the governance design when defining duties of loyalty and related standards to evaluate party-related transactions in both cases but, at the same time, the necessity of using different interpretive categories. (shrink)

As modern viewers, it is tempting to interpret Frank and Claire’s manipulations of democratic institutions as representing perversions or distortions of democratic ideals. After all, most of us think (or at least hope!) that real-world democracies we actually live in aren’t quite that badly governed. Whatever the moral faults of our leaders are, they don’t (as a rule) murder journalists, crudely provoke international crises for political gain, or cleverly set up their political adversaries with Bond-villain-like cunning. Real politicians, (...) so the story goes, lack the cleverness, the ruthlessness, and the luck of the Underwoods. While this sort of faith in the general validity of democratic ideals and institutions is now widely shared, the Underwoods’ clever “gaming” of the system can also be seen as providing an especially clear illustration of some of the things that might be inherently wrong with democracy. In this essay, I’ll take a look at how the Underwoods’ behavior might look to some of the most famous critics of democratic government, including Plato, Thomas Hobbes, and Karl Marx. According to these thinkers, the most significant flaws that Underwoods exploit to gain political power have little, if anything, to do with the peculiarity of their talents, the weaknesses of the individuals around them, or even the structures of the US political system. Instead, their success is made possible by certain fundamental features of democratic government, features that guarantee both the instability and eventual failure of any democratic government. On this reading, the fact of the Underwoods’ success presents a significant problem for all of us, since it changes the question from “How do real-world democratic politicians differ from the Underwoods?” to the much-more-difficult “What’s so great about democracy in the first place?”. (shrink)

This ambitious book examines the notion of legal transparency from a unique cultural and historical perspective. Drawing from their combined academic and practical experience with both Chinese and Western legal traditions, authors John Head and Xing Lijuan explore how an intense debate — pitting legal transparency against legal opaqueness — unfolded in dynastic Chinese law, which began in the dark mists of history and ended formally just over a hundred years ago. They rely on a wide range of both Western (...) and Chinese sources to explain how that great debate was resolved in the early Han Dynasty (around the third century BCE) in a way that molded Chinese law into a sophisticated legal system that for roughly two millennia balanced definitiveness with vagueness, predictability with flexibility, and egalitarianism with privilege — and that reflected cultural values still resonating in China today. Legal Transparency in Dynastic China presents a clear narrative that assumes no prior expertise in Chinese law or history, and it caters to readers interested in issues of good governance, comparative studies, China, history, and law. The book begins by defining “legal transparency” and explaining where it fits into the larger context of the transparency-in-government movement that has gained such momentum in recent years, especially at the urging of Western powers. Then the book explains the fundamentally different values espoused by early Confucianists, for whom society is best governed not through written law but through the exemplary behavior of a highly educated, virtuous, and enlightened elite. After tracing the political and ideological challenges that the Confucianists faced from the Legalists, Head and Xing examine the compromise that resulted in the so-called “Confucianization of the Law” around 200 BCE. They then show how that alloy of competing ideologies characterized Chinese dynastic law for many centuries, resulting in what some would consider the most enduring and effective legal system in human history. (shrink)

Nowadays, neo-institutionalistic approaches are prominent in economics, political science, the science of public administration and sociology. There is a general complaint about the vagueness of the concept of institutions and the apparent disparity of phenomena falling under it. This article shows how institutional legal theory provides a typology of institutions as sets of rules and corresponding patterns of regulated behaviour that can help to avert much confusion. The typologys usefulness is tested by applying it to an array of private governance (...) structures distinguished by transaction cost economics. (shrink)