Der Vergleich einer modernen Rechts- und Gesellschaftstheorie anhand von Hayeks «Recht, Gesetz und Freiheit» mit einer postmodernen anhand Ladeurs «Der Staat gegen die Gesellschaft» fördert verblüffende Parallelen im Ausgangspunkt, der Argumentation und der Prognose respektive Diagnose einer institutionell bedingten postmodernen Krise von Staat und Gesellschaft zutage. Die Analyse der modernen Theorie ist zugleich eine umfassende und verständliche Einführung in von Hayeks Werk. Fundiert arbeitet die Schrift die Theorie als die in der Moderne gelegte Basis der postmodernen Gesellschaft heraus und gleicht (...) sie ab mit den Untersuchungen Ladeurs zur Postmoderne in dessen Streitschrift für die «Privatrechtsgesellschaft». Anknüpfend an den von beiden analog begründeten Weg in die Krise und die Wege zu ihrer Bewältigung zeigt die Autorin eine über diese Zeitspanne hinaus weisende kongruente liberale rechts-, staats- und gesellschaftspolitische Theorie auf. (shrink)

Confucian scholars express skepticism about rights. This skepticism is relevant to managers who face issues about the recognition of workplace rights in a Confucian culture. My essay examines the foundations of this skepticism, and the cogency of potential leading Western liberal responses to it. I conclude that Confucian skepticism is more formidable than liberals have recognized. I attempt to craft an argument that defuses Confucian skepticism about workplace rights while at the same time respecting the moral depth of Confucianism.

We argue that though stakeholder theory has much to recommend it, particularly as a heuristic for thinking about business firmsproperly as involving the economic interests of other groups beyond those of the shareholders or other equity owners, the theory is limited by its focus on the interests of human participants in business enterprise. Stakeholder theory runs into intractable philosophicaldifficulty in providing credible ethical principles for business managers in dealing with some topics, such as the natural environment,that do not directly involve (...) human beings within a business firm or who engage in transactions with a firm. Corporate decision-makingmust include an appreciation of these ethical values even though they cannot be captured in stakeholder theory. (shrink)

In this essay I will argue, as does Bernard Williams, that lying and misleading are both commonly wrong because they involve an aim to breach a trust. I will also argue, contrary to Williams, that lying and misleading threaten trust differently, and that when they are wrong, they are wrong differently. Indeed, lying may be wrong when misleading is not.

The primary appeal of stakeholder theory in business ethics derives from its promise to help solve two large and often morally difficult problems: (1) how to manage people fairly and efficiently and (2) how to determine the extent of a firm's moral responsibilities beyond its obligations to enhance its profits and economic value. This article investigates a variety of conceptual quandaries that stakeholder theory faces in addressing these two general problems. It argues that these quandaries pose intractable obstacles for stakeholder (...) theory which prevent it from delivering on its large promises. Acknowledging that various versions of stakeholder theory have made a contribution in elucidating the complex nature of firms and business decision making, the article argues that it is time to move on. More precise explications of the nature of modern firms focusing on the application of basic moral principles to different business contexts and situations are likely to prove more accurate and useful. (shrink)

This essay offers a philosophical defense of deception about reservation prices in business negotiation. Its discussion is prompted by arguments that Charles N.C. Sherwood makes in a recent issue of Business Ethics Quarterly and develops ideas I put forward in an earlier issue of Business Ethics Quarterly. The essay argues that although reservation price deception cannot be justified by appeal to the consent of negotiating parties, it can be justified by appeal to a separate but related notion, assumption of risk, (...) as long as the assumption of risk occurs in a suitably fair context. (shrink)

ABSTRACT:Legal scholars and business ethicists are interested in many of the same core issues regarding human and firm behavior. The vast amount of legal research being generated by nearly 10,000 law school and business law scholars will inevitably influence business ethics research. This paper describes some of the recent trends in legal scholarship and explores its implications for three significant aspects of business ethics research—methodology, theory, and policy.

This article defends skepticism about the moral agency of corporations, arguing that even if we accept the idea that there exist group moral agents, it makes little sense to suppose that the corporation itself can qualify as such an agent. The discussion considers and rejects arguments from Philip Pettit, Peter French, and Michael Bratman. It concludes that we should not criminally prosecute corporations.

In this Response to Hasko von Kriegstein, I defend several claims, including that the publicly-traded corporation and its assets are unowned; that managers may stand in fiduciary relations to shareholders that do not require managers to maximize shareholder wealth; and that the rights of a shareholder and of the owner of a privately-held corporation may differ fundamentally.

This paper examines moral problems that arise when assigning liability in causally problematic mass exposure tort cases. It examines the relevance of different conceptions of corrective justice for such assignments of liability. It explores an analogy between the expressive role of punishment and the expressive role of tort, and argues that the imposition of liability in causally problematic mass exposure cases can be justified by appeal to expressive considerations.

Making room for character -- Pluralism and the community of moral judgment -- A cosmopolitan kingdom of ends --Responsibility and moral competence --Can virtue be taught?: the problem of new moral facts -- Training to autonomy: Kant and the question of moral education -- Bootstrapping -- Rethinking Kant's hedonism -- The scope of moral requirement -- The will and its objects -- Obligatory ends -- Moral improvisation -- Contingency in obligation.

Anerkannt zu werden, ist nicht nur ein menschliches Grundbedurfnis, sondern vermittelt ebenfalls das Gefuhl, in einen sozialen Kontext integriert zu sein.

The book introduces young researchers to phenomenology and the two primary philosophical approaches along with the vocabulary of phenomenology including how to set up the research design and execute the study to include data collection, data analysis, and presentation of findings.

I argue that there are instances in which lying to an innocent and generally competent person respects her autonomy, contrary to arguments by Christine Korsgaard and Onora O’Neill. These authors say that respect for a person’s autonomy requires treating her in a way consistent with the possibility of consent, but I contend that the possibility of consent condition is unworkable. I maintain that lying can respect individual autonomy when being truthful to a person undermines her choices and lying gets her (...) what she would reasonably see herself as having most reason to choose in the circumstances. I make my case by reflecting on lying invitations to a surprise party and on negotiation phenomena. (shrink)

Some presuppositions seem to be weaker than others in the sense that they can be more easily neutralized in some contexts. For example some factive verbs, most notably epistemic factives like know, be aware, and discover, are known to shed their factivity fairly easily in contexts such as are found in (1). (1) a. …if anyone discovers that the method is also wombat-proof, I’d really like to know! b. Mrs. London is not aware that there have ever been signs erected (...) to stop use of the route… c. Perhaps God knows that we will never reach the stars…. (The examples in (1) are all naturally occurring ones, discovered by David Beaver with the aid of Google; cf. Beaver 2002, exx. 32, 43, and 51, respectively.) On the other hand some other factives, e.g. regret, matter, and be surprised, do not exhibit the same type of behavior: (2) a. If any of the students regrets behaving badly, they’ll let us know. b. It doesn’t matter that the chimpanzees escaped. c. Was Bill surprised that spinach was included? Unlike the examples in (1), those in (2) could not be used appropriately in contexts where the speaker was not assuming that the complement clause was true. Our main concern will be trying to find the cause of this difference. However, before we get to that, we will look more closely at the concept “presupposition” itself, as well as its close neighbor in the linguistic literature, “conventional implicature” (section 2), and also at various ways of getting rid of presuppositions (section 3). In section 4 we will investigate two possible explanations for differences in presupposition triggering – the “lexical alternative” approach of Abusch (2002, 2005), and a suggestion of Ladusaw’s involving detachability of presuppositions. The final section contains concluding remarks. (shrink)

The prototypes of definiteness and indefiniteness in English are the definite article the and the indefinite article a/an, and singular noun phrases (NPs)1 determined by them. That being the case it is not to be predicted that the concepts, whatever their content, will extend satisfactorily to other determiners or NP types. However it has become standard to extend these notions. Of the two categories definites have received rather more attention, and more than one researcher has characterized the category of definite (...) NPs by enumerating NP types. Westerståhl (1985), who is concerned only with determiners in the paper cited, gives a very short list: demonstrative NPs, possessive NPs, and definite descriptions. Prince (1992) lists proper names and personal pronouns, as well as NPs with the, a demonstrative, or a possessive NP as determiner. She notes, in addition, that “certain quantifiers (e.g. all, every) have been argued to be definite” (Prince 1992: 299). This list, with the quantifiers added, agrees with that given by Birner & Ward (1998, 114). Ariel (1988, 1990) adds null anaphoric NPs. (shrink)

ABSTRACT:We argue that Confucianism makes a fundamental contribution to understanding why civility is necessary for a morally decent workplace. We begin by reviewing some limits that traditional moral theories face in analyzing issues of civility. We then seek to establish a Confucian alternative. We develop the Confucian idea that even in business, humans may be sacred when they observe rituals culturally determined to express particular ceremonial significance. We conclude that managers and workers should understand that there is a broad range (...) of morally important rituals in organizational life and that managers should preserve and develop the intelligibility and integrity of many of these rituals. (shrink)

Whistleblowing is a controversial yet socially significant topic of interest due to its impact on employees, organizations, and society at large. The purpose of this paper is to integrate knowledge of whistleblowing with theoretical advancements in the broader domain of business ethics to propose a novel approach to research and practice engaged in this complex phenomenon. The paper offers a conceptual framework, i.e., the wheel of whistleblowing, that is developed to portray the different features of whistleblowing by applying the whistleblower’s (...) perspective. The framework is based on five “W” questions: Who, What, hoW, Why, and to Whom? The answers to the proposed questions clarify the main aspects of whistleblowing, provide insights into existing studies of the subject, and identify relevant gaps in the literature which, in turn, offer opportunities for future research. (shrink)

Abstract:We examine the moral and managerial significance of some empirical studies in cognitive psychology. We suggest that these results may plausibly be interpreted as expressing deontological commitments of experimental subjects, even though psychologists who discuss the results seem to suppose that they show that people are irrational consequentialists. We argue that the plausibility of our interpretation suggests how managers who wish to take seriously entrenched social views on morality might best craft corporate policy on corporate responsibility, and we suggest that (...) the form of argument we employ may be regarded as a kind of appeal to reflective equilibrium. (shrink)

It turns out to be more difficult than one might think to identify the central moral wrong at the heart of this much publicized and vilified crime.

In this essay I defend a skeptical thesis about the meaning of life: I argue that a meaningful life is impossible. I begin by examining the attempts of several philosophers to dismiss questions of the possibility of a meaningful life as either senseless or having an affirmative answer so obvious that serious philosophical scrutiny is rendered pointless. These philosophers, I argue, offer no conclusive arguments. ;I proceed to consider some skeptical arguments about the meaning of life. Although these arguments are (...) suggestive, I maintain that they are undeveloped at crucial points, and thus unconvincing. ;To defend my skeptical thesis, I develop an account of a necessary condition for a meaningful life. I argue that in order for a person to have a meaningful life, he must be engaged in some activity of sufficient importance so that failure in that activity would constitute a good reason for feeling a painful retrospective attitude which I call remorse. ;I argue that one is justified in feeling remorse, in my sense, only when one fails in the attempt to realize some desire for a categorical good, that is, a desire for something which is good independently of how one happens to feel about it. I argue that we lack good reason for thinking that such justification exists. It follows that we lack good reason for feeling what I call remorse and thus for believing we might have a meaningful life. (shrink)

Philosophers and others have criticized the courts for ascribing a right of self-determination to severe incompetents. I defend ascription of a right of self-determination to these incompetents against both conceptual and normative attacks. I argue that a court need make no conceptual error when it ascribes a right of self-determination to a being who never had capacity for rational choice, and I argue that proper judicial deference to reflective conventional morality supports ascription of a right of self-determination to severe incompetents. (...) Keywords: Self-determination, incompetence, person CiteULike Connotea Del.icio.us What's this? (shrink)

We study arithmetic and hyperarithmetic degrees of categoricity. We extend a result of E. Fokina, I. Kalimullin, and R. Miller to show that for every computable ordinal $\alpha$, $\mathbf{0}^{}$ is the degree of categoricity of some computable structure $\mathcal{A}$. We show additionally that for $\alpha$ a computable successor ordinal, every degree $2$-c.e. in and above $\mathbf{0}^{}$ is a degree of categoricity. We further prove that every degree of categoricity is hyperarithmetic and show that the index set of structures with degrees (...) of categoricity is $\Pi_{1}^{1}$-complete. (shrink)

ABSTRACT:We argue that Confucianism makes a fundamental contribution to understanding why civility is necessary for a morally decent workplace. We begin by reviewing some limits that traditional moral theories face in analyzing issues of civility. We then seek to establish a Confucian alternative. We develop the Confucian idea that even in business, humans may be sacred when they observe rituals culturally determined to express particular ceremonial significance. We conclude that managers and workers should understand that there is a broad range (...) of morally important rituals in organizational life and that managers should preserve and develop the intelligibility and integrity of many of these rituals. (shrink)