This book argues that there is a strong normative argument for using the criminal law as a primary response to corporate crime. In practice, however, corporate crimes are rarely dealt with through criminal sanctioning mechanisms. Rather, the preference – for both prosecutors and corporates – appears to be on negotiating out of the criminal process. Reflecting this emphasis on negotiation, this book examines the use of Civil Recovery Orders and Deferred Prosecution Agreements as responses to corporate crime, and discusses a (...) variety of UK case studies. Drawing upon legal and criminological backgrounds, and with an emphasis on the conceptual frameworks of ‘negotiated justice’ and ‘legitimacy’, the authors examine the law, policy and practice of these enforcement responses. They offer an original, theoretically-informed analysis which is accessible to practitioners and researchers. (shrink)

Michael A. PetersBeijing Normal UniversityMy deepest condolences to Pepe, Dom and Marcus and to Jim’s grandchildren. Tina and I spent a lot of time at the Marshall family home, often attending dinn...

1 Evidence-based policy requires researchers to provide the answers to ecological questions that are of interest to policy makers. To find out what those questions are in the UK, representatives from 28 organizations involved in policy, together with scientists from 10 academic institutions, were asked to generate a list of questions from their organizations. 2 During a 2-day workshop the initial list of 1003 questions generated from consulting at least 654 policy makers and academics was used as a basis for (...) generating a short list of 100 questions of significant policy relevance. Short-listing was decided on the basis of the preferences of the representatives from the policy-led organizations. 3 The areas covered included most major issues of environmental concern in the UK, including agriculture, marine fisheries, climate change, ecosystem function and land management. 4 The most striking outcome was the preference for general questions rather than narrow ones. The reason is that policy is driven by broad issues rather than specific ones. In contrast, scientists are frequently best equipped to answer specific questions. This means that it may be necessary to extract the underpinning specific question before researchers can proceed. 5 Synthesis and applications. Greater communication between policy makers and scientists is required in order to ensure that applied ecologists are dealing with issues in a way that can feed into policy. It is particularly important that applied ecologists emphasize the generic value of their work wherever possible. (shrink)

No one doubts that our experience of phenomenal consciousness—the felt redness of fire, the felt sweetness of a peach, the felt pain of a bee sting—arises from the activity of our brains. Yet the problem of explaining how this can be so seems to many theorists to be staggeringly hard. How can the wine of consciousness, the weird, ineffable, immaterial qualia that give such richness to subjective experience, conceivably arise from the water of the brain? As the philosopher Colin (...) McGinn has put it, it's like trying to explain how you can get "numbers from biscuits, or ethics from rhubarb." The philosopher Jerry Fodor recently claimed, "The revisions of our concepts and theories that imagining a solution will eventually require are likely to be very deep and very unsettling.". (shrink)

In “Why Forgiving the Unrepentant is not Demeaning or Insulting: A Reply to Nicholas Wolterstorff,” David E. Wright argues against Wolterstorff’s view in Justice in Love that it is wrong or impossible to forgive the unrepentant wrongdoer. In response to Wolterstorff’s claim that it is impossible to forgive the unrepentant, Wright presents the case of Timothy and Hubert, which seems to show that one can forgive the unrepentant and take the wrong seriously. In response to Wolterstorff’s claim that it (...) is not morally permissible to forgive the unrepentant, Wright employs Trudy Govier and Colin Hirano’s invitational model of forgiveness, in which the act of forgiveness serves as the impetus or “invitation” for reconciliation. To illustrate this, Wright presents the case of Timothy and Jake, which seems to show that forgiving the unrepentant can be respectful of both the victim and the wrongdoer. (shrink)

In What the Body Commands, Colin Klein proposes and defends a novel theory of pain. Klein argues that pains are imperative; they are sensations with a content, and that content is a command to protect the injured part of the body. He terms this view "imperativism about pain," and argues that imperativism can account for two puzzling features of pain: its strong motivating power and its uninformative nature. Klein argues that the biological purpose of pain is homeostatic; like hunger (...) and thirst, pain helps solve a challenge to bodily integrity. It does so by motivating you to act in ways that help the body recover. If you obey pain's command, you get better. He develops his account to handle a variety of pain phenomena and applies it to solve a number of historically puzzling cases. Klein's intent is to defend the imperativist view in a pure form -- without requiring pain to represent facts about the world.Klein presents a model of imperative content showing that intrinsically motivating sensations are best understood as imperatives, and argues that pain belongs to this class. He considers the distinction between pain and suffering; explains how pain motivates; addresses variations among pains; and offers an imperativist account of maladaptive pains, pains that don't appear to hurt, masochism, and why pain feels bad. (shrink)

Many weaknesses of game theory are cured by new models that embody simple cognitive principles, while maintaining the formalism and generality that makes game theory useful. Social preference models can generate team reasoning by combining reciprocation and correlated equilibrium. Models of limited iterated thinking explain data better than equilibrium models do; and they self-repair problems of implausibility and multiplicity of equilibria.

Viewing Foucault in the light of work by Continental and American philosophers, most notably Nietzsche, Habermas, Deleuze, Richard Rorty, Bernard Williams, and Ian Hacking, Genealogy as Critique shows that philosophical genealogy involves not only the critique of modernity but also its transformation. Colin Koopman engages genealogy as a philosophical tradition and a method for understanding the complex histories of our present social and cultural conditions. He explains how our understanding of Foucault can benefit from productive dialogue with philosophical allies (...) to push Foucaultian genealogy a step further and elaborate a means of addressing our most intractable contemporary problems. (shrink)

We are now acutely aware, as if all of the sudden, that data matters enormously to how we live. How did information come to be so integral to what we can do? How did we become people who effortlessly present our lives in social media profiles and who are meticulously recorded in state surveillance dossiers and online marketing databases? What is the story behind data coming to matter so much to who we are? -/- In How We Became Our Data, (...) Colin Koopman excavates early moments of our rapidly accelerating data-tracking technologies and their consequences for how we think of and express our selfhood today. Koopman explores the emergence of mass-scale record keeping systems like birth certificates and social security numbers, as well as new data techniques for categorizing personality traits, measuring intelligence, and even racializing subjects. This all culminates in what Koopman calls the “informational person” and the “informational power” we are now subject to. The recent explosion of digital technologies that are turning us into a series of algorithmic data points is shown to have a deeper and more turbulent past than we commonly think. Blending philosophy, history, political theory, and media theory in conversation with thinkers like Michel Foucault, Jürgen Habermas, and Friedrich Kittler, Koopman presents an illuminating perspective on how we have come to think of our personhood—and how we can resist its erosion. (shrink)

Nicholas Agar offers a more nuanced view of the transformative potential of genetic and cybernetic technologies, making a case for moderate human enhancement—improvements to attributes and abilities that do not significantly exceed what ...

Pragmatism is America's best-known native philosophy. It espouses a practical set of beliefs and principles that focus on the improvement of our lives. Yet the split between classical and contemporary pragmatists has divided the tradition against itself. Classical pragmatists, such as John Dewey and William James, believed we should heed the lessons of experience. Neopragmatists, including Richard Rorty, Hilary Putnam, and Jürgen Habermas, argue instead from the perspective of a linguistic turn, which makes little use of the idea of experience. (...) Can these two camps be reconciled in a way that revitalizes a critical tradition? -/- Colin Koopman proposes a recovery of pragmatism by way of "transitionalist" themes of temporality and historicity which flourish in the work of the early pragmatists and continue in contemporary neopragmatist thought. "Life is in the transitions," James once wrote, and, in following this assertion, Koopman reveals the continuities uniting both phases of pragmatism. Koopman's framework also draws from other contemporary theorists, including Michel Foucault, Pierre Bourdieu, Bernard Williams, and Stanley Cavell. By reflecting these voices through the prism of transitionalism, a new understanding of knowledge, ethics, politics, and critique takes root. Koopman concludes with a call for integrating Dewey and Foucault into a model of inquiry he calls genealogical pragmatism, a mutually informative critique that further joins the analytic and continental schools. (shrink)

In recent years there has been a resurgence of interest in the work of Emmanuel Levinas, widely recognized as one of the most important yet difficult philosophers of the 20th century. In this much-needed introduction, Davis unpacks the concepts at the centre of Levinas's thought - alterity, the Other, the Face, infinity - concepts which have previously presented readers with major problems of interpretation. Davis traces the development of Levinas's thought over six decades, describing the context in which he worked, (...) and the impact of his writings. He argues that Levinas's work remains tied to the ontological tradition with which he wants to break, and demonstrates how his later writing tries to overcome this dependency by its increasingly disruptive, sometimes opaque, textual practice. He discusses Levinas's theological writings and his relationship to Judaism, as well as the reception of his work by contemporary thinkers, arguing that the influence of his work has led to a growing interest in ethical issues among poststructuralist and postmodernist thinkers in recent years. Comprehensive and clearly written, this book will be essential reading for students and researchers in continental philosophy, French studies, literary theory and theology. (shrink)

Agroecology has been proposed as a key building block for food sovereignty. This article examines the meaning, practices and potentials of ‘transformative agroecology learning’ as a collective strategy for food system transformation. Our study is based on our qualitative and action research with the European Coordination of Via Campesina to develop the European Agroecology Knowledge Exchange Network. This network is linked to the global network of La Via Campesina and builds on the strong experiences and traditions of popular education in (...) Latin American peasant movements. Rather than focusing on agroecology education as a process of individual learning, we analyse how a transformative agroecology education can be strengthened as a critical repertoire of action used by social movements to advance food sovereignty. Our analysis contributes a new theory of transformative agroecology learning based on four key characteristics or qualities: horizontalism; diálogo de saberes ; combining practical and political knowledge; and building social movement networks. While these different elements of transformative agroecology learning were present across EAKEN, they were unevenly developed and, in many cases, not systematized. The framework can help to strategically and reflexively systematize and strengthen a transformative agroecology learning approach as a key building block for food sovereignty. (shrink)

Nietzsche's Ecce Homo was published posthumously in 1908, eight years after his death, and has been variously described ever since as useless, mad, or merely inscrutable. Against this backdrop, Nicholas D. More provides the first complete and compelling analysis of the work, and argues that this so-called autobiography is instead a satire. This form enables Nietzsche to belittle bad philosophy by comic means, attempt reconciliation with his painful past, review and unify his disparate works, insulate himself with humor from (...) the danger of 'looking into abysses', and establish wisdom as a special kind of 'good taste'. After showing how to read this much-maligned book, More argues that Ecce Homo presents the best example of Nietzsche making sense of his own intellectual life, and that its unique and complex parody of traditional philosophy makes a powerful case for reading Nietzsche as a philosophical satirist across his corpus. (shrink)

The goal of neuroeconomics is a mathematical theory of how the brain implements decisions, that is tied to behaviour. This theory is likely to show some decisions for which rational-choice theory is a good approximation, to provide a deeper level of distinction among competing behavioural alternatives, and to provide empirical inspiration for economics to incorporate more nuanced ideas about endogeneity of preferences, individual difference, emotions, endogeneous regulation of states, and so forth. I also address some concerns about rhetoric and practical (...) epistemology. Neuroscience articles are necessarily speculative and the science has proceeded rapidly because of that rhetorical convention. Single-study papers are encouraged and are necessarily limited in what can be inferred, so the sturdiest cumulation of results, and the best guide forward, comes in review journals which compile results and suggest themes. The potential of neuroeconomics is in combining the clearest experimental paradigms and statistical methods in economics, with the unprecedented capacity to measure a range of neural and cognitive activity that economists like Edgeworth, Fisher and Ramsey daydreamed about but did not have. (shrink)

In recent years there has been a resurgence of interest in the work of Emmanuel Levinas, widely recognized as one of the most important yet difficult philosophers of the 20th century. In this much-needed introduction, Davis unpacks the concepts at the centre of Levinas's thought - alterity, the Other, the Face, infinity - concepts which have previously presented readers with major problems of interpretation. Davis traces the development of Levinas's thought over six decades, describing the context in which he worked, (...) and the impact of his writings. He argues that Levinas's work remains tied to the ontological tradition with which he wants to break, and demonstrates how his later writing tries to overcome this dependency by its increasingly disruptive, sometimes opaque, textual practice. He discusses Levinas's theological writings and his relationship to Judaism, as well as the reception of his work by contemporary thinkers, arguing that the influence of his work has led to a growing interest in ethical issues among poststructuralist and postmodernist thinkers in recent years. Comprehensive and clearly written, this book will be essential reading for students and researchers in continental philosophy, French studies, literary theory and theology. (shrink)

Political exclusion on grounds of incapacity is the primary remaining source of exclusion from the franchise. It is appealed to by states and theorists alike to justify excluding young people and many people with cognitive disability from the franchise. Defenders of this exclusion claim that no wrong is done by this exclusion and that states gain some significant benefits from this restricting of the franchise. I have argued elsewhere that political exclusion as currently practiced in modern liberal democratic states in (...) fact causes significant harms, as it excludes some people who have the relevant capacity for political participation. Here, I argue that the exclusion of incapable actors prevents no significant harms to democratic outcomes, and that it confers no significant democratic benefits on the states practising this exclusion. As such, I argue that we ought to heavily modify and perhaps even abandon the capacity standard for political inclusion. (shrink)

The concept of agency, although central to many sociological debates, has remained frustratingly elusive to pin down. This article is an attempt to open up what has been called the "black box" of personal agency by distinguishing clearly between two contrasting conceptions of the phenomenon. These two conceptions are very apparent in the manner in which the concept is defined in sociological reference works, resembling as it does a similar contrast in the treatment of the concept of power. The two (...) are referred to as type 1 and type 2 or the power of agency as compared with agentic power, the essential contrast being that the first refers to an actor's ability to initiate and maintain a program of action while the second refers to an actor's ability to act independently of the constraining power of social structure. The nature of these two forms of personal agency is then illustrated by referring to material taken from Weber's essay The Protestant Ethic and the Spirit of Capitalism, this essay itself being understood as an argument that focuses on the crucial role played by an increase in the power of agency in ushering in the modern world. Finally, it is argued that these two conceptions of agency possess no given logical relationship with each other, it being perfectly possible for individuals to be possessed of considerable power of agency while lacking agentic power, and vice versa. It is therefore concluded that it is important, in all discussions of human agency, to distinguish clearly between these two forms. (shrink)

The experience of having to suffer debilitating pain is far too common in the United States, and many patients continue to be inadequately treated by their doctors. Although many physicians freely admit that their pain management practices may have been somewhat lacking, many more express concern that the prescribing of heightened levels of opioid analgesics may result in closer regulatory scrutiny, criminal investigation, or even criminal prosecution.Although several researchers have examined the regulatory environment and the threat of sanction or harm (...) it poses to physicians and patients, few have examined the likelihood of investigation or prosecution stemming from the aggressive use of opioids in physician-directed pain management. Accordingly, in an effort to assess whether the fear of prosecution is realistic and, if so, what factors contribute to its likelihood, we surveyed chief prosecutors in four states about their knowledge, opinions, and attitudes concerning opioids and the prosecution of physicians stemming from the treatment of patients who were either terminally ill or suffering from chronic noncancer pain. (shrink)

The basic form of experiencing process as such, then, lies in the apprehension of an object changing through an ordered sequence of states towards an end state. The sequence is grasped in the light of the final state of things which stands in close relation to the central noema of "changing object" in terms of which the phases of the sequence are recognized and related. The central noema is itself an emergent property of the identification of the sequence of states (...) as "pertaining to the same something." This complex, not to say convoluted, constitution is iteratively established through polythetic acts in which change itself is grasped and sequence evidenced through the positing of possible sequences in the light of the intuition of succession. Eventually the whole sequence may be grasped monothetically and the process experienced as such as a whole. This prototype of process itself provides a basic form by which the events of intentional life may be ordered. The core experience, that objects do change in an ordered manner towards a defined and defining end may provide a way of meaningfully structuring experience. Thus for example, the succession Sii to Siii may be experienced as such. That succession may lead to a question like "towards what end does this succession tend?" More germane to the present argument, a particular state of things may lead to the question "by what process has this state of things come about?" In both these cases, the prototype of process leads to the attempt to interpret the succession or the state of things in terms of orderly change through time and in this way the intuition of process, in its own right, may provide a structure in which the phenomena of consciousness may be experienced and meaningfully related. (shrink)

Veblen's concept of conspicuous consumption, although widely known and commonly invoked, has rarely been examined critically; the associated "theory" has never been tested. It is suggested that the reason for this lies in the difficulty of determining the criterion that defines the phenomenon, a difficulty that derives from Veblen's failure to integrate two contrasting conceptual formulations. These are, first, an interpretive or subjective version that conceives of conspicuous consumption as action marked by the presence of certain intentions, purposes, or motives, (...) and second, a functionalist formulation in which conspicuous consumption is viewed as a form of behavior characterized by particular end results or outcomes. Consideration of each of these strands reveals major difficulties that prevent the construction of an operational definition of conspicuous consumption and hence the extraction of a workable theory from Veblen's discussion. (shrink)

In theory and practice, the notion of fairness is far from simple. The principle is often elusive and subject to confusion, even in institutions of law, usage, and custom. In Fairness, Nicholas Rescher aims to liberate this concept from misunderstandings by showing how its definitive characteristics prevent it from being absorbed by such related conceptions as paternalistic benevolence, radical egalitarianism, and social harmonization. Rescher demonstrates that equality before the state is an instrument of justice, not of social utility or (...) public welfare, and argues that the notion of fairness stops well short of a literal egalitarianism. Rescher disposes of the confusions arising from economists' penchant to focus on individual preferences, from decision theorists' concern for averting envy, and from political theorists' sympathy for egalitarianism. In their place he shows how the idea of distributive equity forms the core of the concept of fairness in matters of distributive justice. The coordination of shares with valid claims is the crux of the concept of fairness. In Rescher's view, this means that the pursuit of fairness requires objective rather than subjective evaluation of the goods being shared. This is something quite different from subjective equity based on the personal evaluation of goods by those laying claim to them. Insofar as subjective equity is a concern, the appropriate procedure for its realization is a process of maximum value distribution. Further, Rescher demonstrates that in matters of distributive justice, the distinction between new ownership and preexisting ownership is pivotal and calls for proceeding on very different principles depending on the case. How one should proceed depends on context, and what is adjudged fair is pragmatic, in that there are different requirements for effectiveness in achieving the aims and purposes of the sort of distribution that is intended. Rescher concludes that fairness is a fundamentally ethical concept. Its distinctive modus operandi contrasts sharply with the aims of paternalism, preference-maximizing, or economic advantage. Fairness will be of interest to philosophers, economists, and political scientists. "[Fairness is] one of the most forceful conceptual analysis of fairness yet produced." -Ludwig Beckman, The Review of Metaphysics Nicholas Rescher is University Professor of Philosophy and vice chairman of the Center for Philosophy of Science at the University of Pittsburgh. He has written more than seventy books in various areas of philosophy, including Complexity: A Philosophical Overview and Inquiry Dynamics, both published by Transaction. (shrink)

This lucidly written book looks at the interpretative audacity of five major "overreaders"—Jacques Derrida, Gilles Deleuze, Emmanuel Levinas, Slavoj Žižek and Stanley Cavell—and asks what is at stake and what is to be gained by their ...