Transparency is an underpinning of workplace ethics. However, most of the existing research has focused on the relationship between leader transparency and its consequences. Drawing on social and self-regulation theory research, we examine the antecedents of followers’ transparency. Specifically, we propose that followers have higher levels of transparency when they are working with peers who have a high level of transparency. We further suggest that followers’ conscientiousness and agreeableness moderate the relationship between peer transparency and followers’ transparency. Using a time-lagged (...) design, we provide support for the proposed theoretical model. We found that follower conscientiousness substitutes the social regulation effect, while follower agreeableness enhances this social regulation effect. Theoretical and practical implications of these findings are also discussed. (shrink)

Markets, it is sometimes said, are hard on discrimination. An employer who finds himself refusing to hire qualified blacks and women will, in the long run, lose out to those who are willing to draw from a broader labor pool. Employer discrimination amounts to a self-destructive “taste” – self-destructive because employers who indulge that taste add to the costs of doing business. Added costs can only hurt. To put it simply, bigots are weak competitors. The market will drive them out. (...) On this account, the persistence of employment discrimination on the basis of race and sex presents something of a puzzle. And if markets are an ally of equality and a foe of employment discrimination, perhaps discrimination persists because of something other than markets. Perhaps labor unions are to blame; perhaps the real culprit is the extensive federal regulation of the employment market, including minimum-wage and maximum-hour laws and unemployment compensation. If competitive markets drive out discrimination, the problem for current federal policy lies not in the absence of aggressive anti-discrimination law, but instead in the absence of truly competitive markets. If this account is correct, the prescription for the future of anti-discrimination law is to seek ways to free up employers from the wide range of governmental disabilities – including, in fact, anti-discrimination law itself. The argument seems to be bolstered by the fact that some groups subject to past and present prejudice – most notably, Jews and Asian-Americans – have made substantial progress in employment at least in part because of the operation of competitive markets. (shrink)

In recent years, 'nudge units' or 'behavioral insights teams' have been created in the United States, the United Kingdom, Germany, and other nations. All over the world, public officials are using the behavioral sciences to protect the environment, promote employment and economic growth, reduce poverty, and increase national security. In this book, Cass R. Sunstein, the eminent legal scholar and best-selling co-author of Nudge, breaks new ground with a deep yet highly readable investigation into the ethical issues surrounding nudges, (...) choice architecture, and mandates, addressing such issues as welfare, autonomy, self-government, dignity, manipulation, and the constraints and responsibilities of an ethical state. Complementing the ethical discussion, The Ethics of Influence: Government in the Age of Behavioral Science contains a wealth of new data on people's attitudes towards a broad range of nudges, choice architecture, and mandates. (shrink)

In recent years many people have suggested that rights come from traditions. More particularly, many people interested in American constitutional law have said that constitutional rights should be developed with close reference to American traditions. In this essay, I mean to challenge these claims. I argue that the enterprise of defining rights, including constitutional rights, should not be founded on an inquiry into tradition. Traditions should be assessed, not replicated. I also try to unpack some of the complexities in the (...) idea that rights should be based on traditions. The topic is highly relevant to the debate over “communitarianism.” Manycommunitarians appear to be traditionalists, at least implicitly; they are concerned to defend social practices against abstract, acontextual claims about what is to be done, or about “rights.” It is important to ask why and when communitarians believethat a community's practices deserve insulation from rights–based claims. Often the best or most interesting answer has a Burkean dimension. It involves the extent to which a community—perhaps a local community resisting national efforts, perhaps a nation resisting international goals—owes its practices to long traditions that, precisely because of their longevity, might seem to make special sense. Ideas of this sort might be thought to have special strength when we think about rights in general or about constitutional rights in particular. (shrink)

What is the relationship between fear, danger, and the law? Cass Sunstein attacks the increasingly influential Precautionary Principle - the idea that regulators should take steps to protect against potential harms, even if causal chains are uncertain and even if we do not know that harms are likely to come to fruition. Focusing on such problems as global warming, terrorism, DDT, and genetic engineering, Professor Sunstein argues that the Precautionary Principle is incoherent. Risks exist on all sides of social (...) situations, and precautionary steps create dangers of their own. Diverse cultures focus on very different risks, often because social influences and peer pressures accentuate some fears and reduce others. Instead of adopting the Precautionary Principle, Professor Sunstein argues for three steps: a narrow Anti-Catastrophe Principle, designed for the most serious risks; close attention to costs and benefits; and an approach called 'libertarian paternalism', designed to respect freedom of choice while also moving people in directions that will make their lives go better. He also shows how free societies can protect liberty amidst fears about terrorism and national security. Laws of Fear represents a major statement from one of the most influential political and legal theorists writing today. (shrink)

Cass Sunstein and Martha Nussbaum bring together an all-star cast of contributors to explore the legal and political issues that underlie the campaign for animal rights and the opposition to it. Addressing ethical questions about ownership, protection against unjustified suffering, and the ability of animals to make their own choices free from human control, the authors offer numerous different perspectives on animal rights and animal welfare. They show that whatever one's ultimate conclusions, the relationship between human beings and nonhuman (...) animals is being fundamentally rethought. This book offers a state-of-the-art treatment of that rethinking. (shrink)

Many psychological studies of categorization and reasoning use undergraduates to make claims about human conceptualization. Generalizability of findings to other populations is often assumed but rarely tested. Even when comparative studies are conducted, it may be challenging to interpret differences. As a partial remedy, in the present studies we adopt a 'triangulation strategy' to evaluate the ways expertise and culturally different belief systems can lead to different ways of conceptualizing the biological world. We use three groups (US bird experts, US (...) undergraduates, and ordinary Itza' Maya) and two sets of birds (North American and Central American). Categorization tasks show considerable similarity among the three groups' taxonomic sorts, but also systematic differences. Notably, US expert categorization is more similar to Itza' than to US novice categorization. The differences are magnified on inductive reasoning tasks where only undergraduates show patterns of judgment that are largely consistent with current models of category-based taxonomic inference. The Maya commonly employ causal and ecological reasoning rather than taxonomic reasoning. Experts use a mixture of strategies (including causal and ecological reasoning), only some of which current models explain. US and Itza' informants differed markedly when reasoning about passerines (songbirds), reflecting the somewhat different role that songbirds play in the two cultures. The results call into question the importance of similarity-based notions of typicality and central tendency in natural categorization and reasoning. These findings also show that relative expertise leads to a convergence of thought that transcends cultural boundaries and shared experiences. (shrink)

With respect to questions of fact, people use heuristics – mental short-cuts, or rules of thumb, that generally work well, but that also lead to systematic errors. People use moral heuristics too – moral short-cuts, or rules of thumb, that lead to mistaken and even absurd moral judgments. These judgments are highly relevant not only to morality, but to law and politics as well. Examples are given from a number of domains, including risk regulation, punishment, reproduction and sexuality, and the (...) act/omission distinction. In all of these contexts, rapid, intuitive judgments make a great deal of sense, but sometimes produce moral mistakes that are replicated in law and policy. One implication is that moral assessments ought not to be made by appealing to intuitions about exotic cases and problems; those intuitions are particularly unlikely to be reliable. Another implication is that some deeply held moral judgments are unsound if they are products of moral heuristics. The idea of error-prone heuristics is especially controversial in the moral domain, where agreement on the correct answer may be hard to elicit; but in many contexts, heuristics are at work and they do real damage. Moral framing effects, including those in the context of obligations to future generations, are also discussed. (shrink)

The domain of phenomenological investigation delineated by the Husserlian term authentic empathy presents us with an immediate tension. On the one hand, authentic empathy is supposed to grant the subject access (in some sense that remains to be fully specified) to the Other’s experience. On the other hand, foundational phenomenological considerations pertaining to the apprehension of a foreign subjectivity determine that it is precisely a disjunction in subjective processes that is constitutive of the Other being other. In my approach to (...) this problem, I seek, within the context of a reading of Edith Stein’s work 'On the Problem of Empathy', to clarify the place of ascription in authentic empathy, and to render more explicit a certain notion of “contiguity” that I take to be informing Stein’s understanding of the co-givenness of the Other’s mental life. I go on to argue that a resolution to the problem of empathy lies in the idea that the respective lived experiences of self and Other are, as a matter of descriptive fact, phenomenally connected by a relation of resemblance, and that, consonantly, the essential structure of authentic empathy is characterised in its mature phases by an homological relation to picture consciousness. (shrink)

Many millions of people hold conspiracy theories; they believe that powerful people have worked together in order to withhold the truth about some important practice or some terrible event. A recent example is the belief, widespread in some parts of the world, that the attacks of 9/11 were carried out not by Al Qaeda, but by Israel or the United States. Those who subscribe to conspiracy theories may create serious risks, including risks of violence, and the existence of such theories (...) raises significant challenges for policy and law. The first challenge is to understand the mechanisms by which conspiracy theories prosper; the second challenge is to understand how such theories might be undermined. Such theories typically spread as a result of identifiable cognitive blunders, operating in conjunction with informational and reputational influences. A distinctive feature of conspiracy theories is their self-sealing quality. Conspiracy theorists are not likely to be persuaded by an attempt to dispel their theories; they may even characterize that very attempt as further proof of the conspiracy. Because those who hold conspiracy theories typically suffer from a crippled epistemology, in accordance with which it is rational to hold such theories, the best response consists in cognitive infiltration of extremist groups. Various policy dilemmas, such as the question whether it is better for government to rebut conspiracy theories or to ignore them, are explored in this light. (shrink)

The domain of phenomenological investigation delineated by the Husserlian term authentic empathy presents us with an immediate tension. On the one hand, authentic empathy is supposed to grant the subject access (in some sense that remains to be fully specified) to the Other’s experience. On the other hand, foundational phenomenological considerations pertaining to the apprehension of a foreign subjectivity determine that it is precisely a disjunction in subjective processes that is constitutive of the Other being other. In my approach to (...) this problem, I seek, within the context of a reading of Edith Stein’s work On the Problem of Empathy, to clarify the place of ascription in authentic empathy, and to render more explicit a certain notion of “contiguity” that I take to be informing Stein’s understanding of the co-givenness of the Other’s mental life. I go on to argue that a resolution to the problem of empathy lies in the idea that the respective lived experiences of self and Other are, as a matter of descriptive fact, phenomenally connected by a relation of resemblance, and that, consonantly, the essential structure of authentic empathy is characterised in its mature phases by an homological relation to picture consciousness. (shrink)

Tokenistic short-term economic success is not good indicia of long-term success. Sustainable business success requires sustained existence in a corporation's political, economic, social, technological, legal and environmental contexts. Far beyond the traditional economic focus, consumers, governments and public interest groups alike increasingly expect the business sector to take on more social and environmental responsibilities. Corporate social responsibility (CSR) is the model in which economic, social and environmental responsibilities are fulfilled simultaneously. However, there is insufficient empirical evidence that demonstrates genuine widespread (...) adoption of CSR in practice, and its underlying reasons. Though research in CSR has been rapidly growing, its commercial reality and implications need to be further improved if it is to inspire corporations to voluntarily adopt CSR. In the literature, Carroll's four-dimensional (economic, legal, ethical and discretionary) CSR framework offers a theoretical basis for developing an empirically based model to explain why and how profit-motivated managers take up CSR voluntarily. Our study has developed a structural equation model to identify the key factors and their interactions that influence economically motivated managers to take on voluntary CSR, and validate Carroll's four-dimensional construct. The results support Carroll's four-dimensional CSR framework, with the exception of the link pertaining to the relationship between economic and discretionary/voluntary responsibility. This characterises the economic reality that financial market-driven economic responsibility does not automatically translate into social responsibility. Nevertheless, the empirical results demonstrate that corporations can be led to engage in more voluntary CSR activities to achieve social good when appropriate legal and ethical controls are in place. (shrink)

This paper argues that the augmented reality gaming application for smart devices, _Pokémon GO_ shows the fate of the legal subject as a neoliberal monster subjugated to the limitations imposed by hypercapitalism. The game, derived from Nintendo’s iconic Pokémon franchise, reveals the legal subject as a frenzied, diminished and impulsive being, allowed to see, move, catch and accumulate but unable to participate in more meaningful self-narration. It is not that the game is lawless, notwithstanding, anxieties in the semiosphere about users (...) trespassing or engaging in criminal behaviour. Rather the game is over structured and highly limited, both within its game-play which is repetitive and impulsive, and in its absence of narrative. Unlike the classic Nintendo Pokémon games which are within the role-playing game genre, _Pokémon GO_ abstracts the seeing, moving, catching and accumulating features of the classic games without the overarching narrative, questing and competition. In this _Pokémon GO_ manifests the transformation of the liberal legal subject of capitalism to the neoliberal subject of a digital orientated hypercapitalism where seeing, moving, catching and accumulating is immediate and impulsive, obliterating the ‘prudent’ subject participating in their own self-narration. (shrink)

This is a compelling if sober set of questions from America's foremost legal scholar."--Lawrence Lessig, Stanford University.

Critical thinking has been widely regarded as an indispensable cognitive skill in the 21st century. However, its associations with the affective aspects of psychological functioning are not well understood. This study explored the interrelations between trait mindfulness, critical thinking, cognitive distortions, and psychological distress using a moderated mediation model. The sample comprised 287 senior secondary school students (57% male and 43% female) aged 14–19 from a local secondary school in Hong Kong. The results revealed that high critical thinking was significantly (...) associated with high levels of psychological distress when mindful awareness was low among adolescents. Trait mindfulness was found to moderate the indirect effects of critical thinking on psychological distress via cognitive distortions as the mediator. Specifically, in low trait mindfulness conditions, critical thinking was found to associate positively with cognitive distortions and psychological distress. Such associations were not observed in high trait mindfulness conditions. The findings reveal that though critical thinking has positive associations with cognitive functioning, its associations with affective well-being might be negative. The results also suggest that mindfulness might play an important role in preventing the possible psychological distress associated with critical thinking. Educational implications relating to the fostering of critical thinking and mindful awareness are discussed. (shrink)

This paper examines the phenomenological considerations which govern an important transition in the thought of Edmund Husserl, namely his gradual disenchantment with the view that acts of the imagination are given to consciousness in the manner of a semblance, and his decision to replace it with the view that they should more accurately be understood to be reproductions of non-posited perceptions. The central conclusion of this paper will be that the logic of Husserl’s own analysis points to a further phenomenological (...) discovery that Husserl himself does not fully articulate, but which helps to explain his initial attraction toward an imagistic account of imagining. This is the finding that a structure homologous to picture-consciousness is liable to arise in the context of nested reproductions, and in particular that acts of remembering imagining bear the act-character of pictoriality. (shrink)

This essay has three general themes. The first involves the claim that nudging threatens human agency. My basic response is that human agency is fully retained and that agency is always exercised in the context of some kind of choice architecture. The second theme involves the importance of having a sufficiently capacious sense of the category of nudges, and a full appreciation of the differences among them. Some nudges either enlist or combat behavioral biases but others do not, and even (...) among those that do enlist or combat such biases, there are significant differences. The third general theme is the need to bring various concerns in close contact with particular examples. A legitimate point about default rules may not apply to warnings or reminders. An ethical objection to the use of social norms may not apply to information disclosure. Here as elsewhere, abstraction can be a trap. We continue to learn about the relevant ethical issues, about likely public reactions to nudging, and about differences across cultures and nations. Future progress will depend on a high level of concreteness, perhaps especially in dealing with the vexing problem of time-inconsistency. (shrink)

In this paper, I argue that Hume accepts two claims. The first is that it is not possible for a human agent, having adopted an end, to remain committed to it, have it in view, and be indifferent to what he or she acknowledges as the proper means of realizing it, where indifference is the absence of a favoring attitude.1 The second is that, other things being equal, an agent who fails through weak resolve to take the acknowledged means to (...) an acknowledged end violates a norm of practical agency akin to Kant’s hypothetical imperative understood as a command to take the means—that is, to do what has the prospect of realizing the ends one happens to have adopted. I begin with the first claim because some.. (shrink)

For multiple reasons, deliberating groups often converge on falsehood rather than truth. Individual errors may be amplified rather than cured. Group members may fall victim to a bad cascade, either informational or reputational. Deliberators may emphasize shared information at the expense of uniquely held information. Finally, group polarization may lead even rational people to unjustified extremism. By contrast, prediction markets often produce accurate results, because they create strong incentives for revelation of privately held knowledge and succeed in aggregating widely dispersed (...) information. The success of prediction markets offers a set of lessons for increasing the likelihood that groups can obtain the information that their members have. (shrink)

Hermeneutic theory and the study of Jewish theology : toward a new model of Jewish theological language -- Jewish theology as a religious and doxastic practice -- Forms of theological language in Mekhilta of Rabbi Ishmael -- Forms of theological language in Franz Rosenzweig's The star of redemption.

This paper explores Jean Starobinski's often tacit conception of the implied author, with a view to clarifying his intellectual legacy for literary criticism. It argues that it is plausible to trace a certain strand in the intellectual genealogy of Starobinski's literary theory from the descriptive psychology of Wilhelm Dilthey to twentieth-century psychoanalysis and phenomenology. Accordingly, the question "Who is Jean Starobinski?" is formulated in a sense which seeks to move beyond the bare facticity of biographical detail, a sense that can (...) be expected to differentiate between scholarly and purely journalistic enquiry to ask: who, exactly, is the Jean Starobinski that we encounter in his major works - works like "The Living Eye" and "Transparency and Obstruction"? It is from this vantage point that the discussion proceeds to clarify Starobinski's ambivalent relations to both Rousseau and Freud, and thereby to illuminate some of the tensions and nuances inherent in his notion of the implied author. (shrink)

Our goal in this chapter is to draw on empirical work about preference formation and welfare to propose a distinctive form of paternalism, libertarian in spirit, one that should be acceptable to those who are firmly committed to freedom of choice on grounds of either autonomy or welfare. Indeed, we urge that a kind of ‘libertarian paternalism’ provides a basis for both understanding and rethinking many social practices, including those that deal with worker welfare, consumer protection, and the family.

This paper begins by affirming the view that if there is a debate to be had over whether literature can convey moral knowledge, then efforts by proponents to substantiate this claim will already be necessarily conditioned by an understanding of what morality consists in, independently of literature. This observation brings to light a certain danger for the debate, namely that if participants fail to explicitly specify the ethical theory that they rely on, then the debate can seem nebulous. This raises (...) a new question: is there an account of morality, independent of literature, which is most conducive to literary moral cognitivism, that is, which optimises literary moral cognitivism's chances of succeeding philosophically? This paper both formulates and investigates this hypothesis with reference to moral pluralism, the view that there is an irreducible plurality of foundational moral principles. It concludes that such an affinity exists, but with an important caveat: the affinity is stronger at the level of moral suggestion than the level of moral justification. This has implications for the strength of the version of literary moral cognitivism that it is ultimately plausible to endorse from a moral pluralist point of view. (shrink)

The foundational status that Edmund Husserl envisages for phenomenology in relation to the sciences would seem to suggest that the successful unfolding of contemporary debates in the field of social cognition will be conditioned by progress in resolving certain central controversies in the phenomenology of intersubjectivity, notably in long-standing questions pertaining to the priority of subjectivity in relation to intersubjectivity, and the priority of empathy in relation to other forms of intersubjectivity. That such controversies are long-standing is in no small (...) part attributable to the fact that the debate surrounding Husserl’s seminal attempts to elucidate these problems has placed his account, and certainly his published position, under a certain amount of pressure, pressure which stems from the suspicion that intentionality toward others may be more deeply embedded in subjectivity than the Husserl of Cartesian Meditations seems prepared to admit. Is the primordinally reduced solipsistic subject of the Fifth Meditation really capable of discovering intersubjectivity in the way that Husserl describes, or is such putative discovery (indeed, subjective transformation) already conditioned by a more primitive form of intersubjectivity? This paper investigates two ways in which this kind of “circularity” objection might arise. Firstly, it might be argued that Husserl presupposes an external perspective on one’s own body, a perspective which rationally would have to be correlated with an indeterminate foreign subjectivity. Secondly, the view has been advanced (Zahavi in Husserl and transcendental intersubjectivity: a response to the linguistic-pragmatic critique. Ohio University Press, Athens, OH, 2001b) that horizonal perceptual awareness of another spatio-temporal entity turns out to be essentially intersubjective, on the grounds that awareness of some of an object’s averted aspects commits one to positing the possibility in principle of those averted aspects being available to an indeterminate foreign subjectivity. Objections such as these seem to place the phenomenological enquiry into the encounter with another person at something of a crossroads. On the one hand, they have led some to argue that basic empathy, as Husserl conceives it, must indeed be conditioned by the anonymous constituting influence of a more primitive form of intersubjectivity. On the other hand, the option remains open to seek to defend Husserl’s published position against the charges of circularity. This paper pursues the latter alternative, and argues that, with appropriate clarification, the objections from circularity can be convincingly answered. It will be argued that the key to understanding why the standard Husserlian position can be sustained lies in recognising the centrality of the activity of the imagination as a condition for the possibility of intersubjectivity. (shrink)

We are in the midst of a worldwide debate over whether there should be "more" or "less" government. As enthusiasm for free markets mounts - in both former Communist nations and in Western countries such as England and the United States - is it productive to attempt to solve problems through this "more/less" dichotomy?

How is constitutionalism possible, when people disagree on so many questions about what is good and what is right? The answer lies in two kinds of incompletely theorized agreement - both reached amidst the sharpest disagreements about the fundamental issues in social life. The first consist of agreements on abstract formulations ; these agreements are crucial to constitution-making as a social practice. The second consist of agreements on particular doctrines and practices; these agreements are crucial to life and law under (...) existing constitutions. Incompletely theorized agreements help illuminate an enduring constitutional puzzle: how members of diverse societies can work together on terms of mutual respect amidst intense disagreements about both the right and the good. Such agreements help make constitutions and constitutional law possible, even within nations whose citizens cannot concur on the most fundamental matters. (shrink)

Cet article est la traduction française de l’introduction du livre d’Ayelet Shachar, «The Puzzle of Birthright Citizenship», avec la permission de l’éditeur, tirée de The Birthright Lottery : Citizenship and Global Inequality, Cambridge, Mass.: Harvard University Press, pp.1-18. © 2009 President and Fellows of Harvard College. Traduction de Martin Provencher.This paper is the French translation of Ayelet Shachar’s introduction, «The Puzzle of Birthright Citizenship», digitally reproduced by permission of the publisher from The Birthright Lottery : Citizenship and Global Inequality, Cambridge, (...) Mass.: Harvard University Press, pp.1-18. © 2009 by the President and Fellows of Harvard College. Translation by Martin Provencher. (shrink)

_ Source: _Volume 10, Issue 3, pp 433 - 440 Historical explanations are a form of counterfactual history. To offer an explanation of what happened, historians have to identify causes, and whenever they identify causes, they immediately conjure up a counterfactual history, a parallel world. No one doubts that there is a great deal of distance between science fiction novelists and the world’s great historians, but along an important dimension, they are playing the same game.

In philosophy, economics, and law, the idea of voluntary agreements plays a central role. But contractarianism in political philosophy stands on altogether different grounds from enthusi...