Exclusionary defeat is Joseph Raz’s proposal for understanding the more complex, layered structure of practical reasoning. Exclusionary reasons are widely appealed to in legal theory and consistently arise in many other areas of philosophy. They have also been subject to a variety of challenges. I propose a new account of exclusionary reasons based on their justificatory role, rejecting Raz’s motivational account and especially contrasting exclusion with undercutting defeat. I explain the appeal and coherence of exclusionary reasons by appeal to commonsense (...) value pluralism and the intermediate space of public policies, social roles, and organizations. We often want our choices to have a certain character or instantiate a certain value and in order to do so, that choice can only be based on a restricted set of reasons. Exclusion explains how pro tanto practical reasons can be disqualified from counting towards a choice of a particular kind without being outweighed or undercut. (shrink)

Political legitimacy is best understood as one type of a broader notion, which I call institutional legitimacy. An institution is legitimate in my sense when it has the right to function. The right to function correlates to a duty of non-interference. Understanding legitimacy in this way favorably contrasts with legitimacy understood in the traditional way, as the right to rule correlating to a duty of obedience. It helps unify our discourses of legitimacy across a wider range of practices, especially including (...) the many evaluations we increasingly make of international institutions of various sorts, but also including domestic institutions. (shrink)

Standard accounts of civil disobedience include nonviolence as a necessary condition. Here I argue that such accounts are mistaken and that civil disobedience can include violence in many aspects, primarily excepting violence directed at other persons. I base this argument on a novel understanding of civil disobedience: the special character of the practice comes from its combination of condemnation of a political practice with an expressed commitment to the political. The commitment to the political is a commitment to engaging with (...) others as co-members in the on-going political project of living together. I show how such an understanding of civil disobedience is superior to the Rawlsian strain of thought, which focuses on fidelity to law. Rawls was concerned with civil disobedience solely in the context of overriding political obligation. The project of characterizing a contestatory political practice that can be distinguished and used in a wider variety of contexts than Rawls is concerned with, including under illegitimate regimes, beyond the nation-state, or on behalf of anarchism, requires a different understanding of civil disobedience. (shrink)

I argue that legitimacy discourses serve a gatekeeping function. They give practitioners telic standards for riding herd on social practices, ensuring that minimally acceptable versions of the practice are implemented. Such a function is a necessary part of implementing formalized social practices, especially including law. This gatekeeping account shows that political philosophers have misunderstood legitimacy; it is not secondary to justice and only necessary because we cannot agree about justice. Instead, it is a necessary feature of actual human social practices, (...) which must be implemented via practitioners' discretion in changing contexts. (shrink)

The essays collected in this special issue explore what legitimacy means for actors and institutions that do not function like traditional states but nevertheless wield significant power in the global realm. They are connected by the idea that the specific purposes of non-state actors and the contexts in which they operate shape what it means for them to be legitimate and so shape the standards of justification that they have to meet. In this introduction, we develop this guiding methodology further (...) and show how the special issue’s individual contributions apply it to their cases. In the first section, we provide a sketch of our purpose-dependent theory of legitimacy beyond the state. We then highlight two features of the institutional context beyond the state that set it apart from the domestic case: problems of feasibility and the structure of international law. (shrink)

By appeal to the phenomenon of presupposition accommodation, Rae Langton and others have proposed that speakers can gain genuine authority over their audiences when they implicitly claim such autho...

I argue for a new conception of practical authority based on an analysis of the relationship between authority and subject. Commands entail a demand for practical deference, which establishes a relationship of hierarchy and vulnerability that involves a variety of signals and commitments. In order for these signals and commitments to be justified, the subject must be under a preexisting duty, the authority’s commands must take precedence over the subject’s judgment regarding fulfillment of that duty, the authority must accept the (...) position and responsibilities of command, and the authority must be sufficiently trustworthy relative to how vulnerable the subject makes herself by deferring. This results in an instrumentalist conception of practical authority that can be favorably compared to Joseph Raz’s famous service conception. The relational conception’s main advantage is that it focuses on the authority as much as the subject, requiring that the authority accept responsibility for the relationship and be sufficiently trustworthy. (shrink)

Institutions undertake a huge variety of constitutive purposes. One of the roles of legitimacy is to protect and promote an institution’s pursuit of its purpose; state legitimacy is generally understood as the right to rule, for example. When considering legitimacy beyond the state, we have to take account of how differences in purposes change legitimacy. I focus in particular on how differences in purpose matter for the stringency of the standards that an institution must meet in order to be legitimate. (...) An important characteristic of an institution’s purpose is its deontic status, i.e. whether it is morally impermissible, merely permissible, or mandatory. Although this matters, it does so in some non-obvious ways; the mere fact of a morally impermissible purpose is not necessarily delegitimating, for example. I also consider the problem of conflicting, multiple, and contested institutional purposes, and the different theoretical roles for institutional purpose. Understanding how differences in purpose matter for an institution’s legitimacy is one part of the broader project of theorizing institutional legitimacy in the many contexts beyond the traditional context of the state. (shrink)

Background : researchers and sponsors increasingly confront the issue of whether participants in a clinical trial should have post-trial access (PTA) to the trial drug. Legislation and guidelines are inconsistent, ambiguous or silent about many aspects of PTA. Recent research highlights the potential importance of systematic reviews (SRs) of reason-based literatures in informing decision-making in medicine, medical research and health policy. Purpose: to systematically review reasons why drug trial participants should, or need not be ensured PTA to the trial drug (...) and the uses of such reasons. Data sources: databases in science/medicine, law and ethics, thesis databases, bibliographies, research ethics books and included publications’ notes/bibliographies. Publication selection: a publication was included if it included a reason as above. See article for detailed inclusion conditions. Data extraction and analysis: two reviewers extracted and analyzed data on publications and reasons. Results: of 2060 publications identified, 75 were included. These mentioned reasons based on morality, legality, interests/incentives, or practicality, comprising 36 broad (235 narrow) types of reason. None of the included publications, which included informal reviews and reports by official bodies, mentioned more than 22 broad (59 narrow) types. For many reasons, publications differed about the reason’s interpretation, implications and/or persuasiveness. Publications differed also regarding costs, feasibility and legality of PTA. Limitations: reason types could be applied differently. The quality of reasons was not measured. Conclusion: this review captured a greater variety of reasons and of their uses than any included publication. Decisions based on informal reviews or sub-sets of literature are likely to be biased. Research is needed on PTA ethics, costs, feasibility and legality and on assessing the quality of reason-based literature. (shrink)

This paper is concerned with the centrality of aspect seeing in Wittgenstein's philosophy, with some analogies between religious beliefs and aspect seeing, and with the implications of these analogies for the question of the justification of religious beliefs. If belief in God is neither a hypothesis nor a regular perceptual belief but rather a type of aspect seeing, then the kinds of proofs and justifications that are applicable to it would have to engage the non-believer in a manner that would (...) help her experience the dawning of a new aspect. This is why the standard philosophical proofs for theism, even when accepted as valid, are likely to be unsuccessful in bringing about faith. (shrink)

Contrary to the widely accepted consensus, Christopher Heath Wellman argues that there are no pre-institutional judicial procedural rights. Thus commonly affirmed rights like the right to a fair trial cannot be assumed in the literature on punishment and legal philosophy as they usually are. Wellman canvasses and rejects a variety of grounds proposed for such rights. I answer his skepticism by proposing two novel grounds for procedural rights. First, a general right against unreasonable risk of punishment grounds rights to an (...) institutionalized system of punishment. Second, to complement and extend the first ground, I more controversially propose a right to provision of the robust good of security. People have a right to others' protecting for avoiding wrongfully harming them: when I take an action that is reasonably expected to threaten the protected interests of others, I must take appropriate care to avoid setting back those interests. Inflicting punishment on someone--intentionally harming them in response to a violation--is prima facie wrongful, so I can only count as taking appropriate care in punishing when I follow familiar procedures that reliably and redundantly test whether they are liable to such punishment, i.e. whether they have forfeited their right against punishment through a culpable act. (shrink)

Zakat is a monetary form of religious worship that establishes a bridge between a rich and a poor, helps those who are in need and contributes to peace and tranquillity within a society. When zakat is collected properly under a government control and transmitted to those who deserve, it helped to decrease the gap between the poor and the rich, supported activities of social solidarity and revived the economy as well. Malaysia after its independence in 1957 has developed an interest (...) in Islamic practices by drawing attention to a distinctive practice with the public zakat system. Even though a national- central system of zakat could not be established due to the federal structure of the country, the collection and distribution of zakat has been centralized on a state level. Parts of the practice are being criticized, reviewed and new regulations are introduced. Unlike Malaysia, the zakat practice in Turkey is out of state control, thus it hinders zakat from achieving its real purpose. There is a need to make use of the well-functioning zakat systems around the world and establish a public zakat system in our country so that we can make the most of the benefits that zakat has for individuals and societies. This article aims to be a step in that direction. -/- SUMMARY Zakat is one of the main forms of worship and is at the same time one of the main sources for the state budget in Islam. It aims at making sure that the rich –those with higher wealth and income– protects the poor and the powerless and through this it contributes to the peace in the society. In the Islamic creed wealth in reality belongs to Allah; therefore, those who live an affluent life should not attribute their wealth to themselves alone and help those who, for whatever reason, are unable to meet their needs. Because there is a social dimension to this form of worship, it is the duty of the head of state to collect the zakat and distribute it to the right people. Historically this duty has taken different forms and today, many Muslim countries sustain this collection and redistribution under state supervision. Malaysia is a country where zakat is collected and distributed officially at the state level. In each state, there is an Islamic council responsible for taking care of activities related to Islam and is semi-independent from the government that organizes the zakat process. Some of these do the collection and distribution together, some do it separately. In some states, the process has been totally privatized. Constitutionally, each state is dependent on its own sultan in religious affairs, thus each has its own mufti and partially different zakat practices and eac collect and distributes its zakat within that state. Because religious affairs have been codified as the privilege of the sultans of each state in the constitution during Malaysia’s foundation, there is no attempt at centralizing religious affairs and a centralization of zakat practices; the establishment of an institution to achieve this is not possible. Moreover, the secular character of the federation does not seem yet compatible with making zakat obligatory. However, due to the dominant Shafi‘i tradition and the convention in the country, people see it as imperative to hand over the charity and tithe to state institutions. Furthermore, there are local fatwas – which are considered as legal regulations in Malaysia – that require people with an income over a certain amount to pay zakat. Those who have the most are expected to give it voluntarily. In the 19th century, when wealth sources such as palm oil, cacao, rubber, tin were discovered, Malaysian officials were not able to extend the tithe to these; however, in the last twenty-five years, based on fatwas that income should be taxable under zakat has led to a boom in zakat. In all states, the largest portion of zakat is collected through income, usually automatically deducted from payroll. An influential factor in this outcome is that individually paid zakat can be deducted from income tax. From 2005 on, there have been other regulations to make it possible for legal personalities to deduct zakat from taxes. To increase zakat payment, especially publications have been produced to inform and encourage people, and modern opportunities to make payment easy have been developed. The most often used method is direct deduction from payroll. The second most common method is payment through zakat machines in different parts of the city by cash, check, Islamic credit card and, debit card. In addition to these, online, internet banking, telephone banking, ATM machines, post offices, kiosk machines, sms-zakat options are all available. The distribution of zakat differs from year to year and state to state. In general, there is an observable effort to pay all groups from zakat, but because there are no slaves in some states no payment is done under this category. There are both direct transfers and indirect transfers, such as through the construction of houses for poor people. There have been cases where poor people who had projects were supported with funds and those later returned in zakat. There is support for students in terms of scholarships through fuqarā’, fī sabīl allāh and ibn al-sabīl classes. For the muallafa al-qulūb class, there is a foundation to encourage local people to convert to Islam and help them for food, shelter, clothes and education. For Muslims who suffer as minorities in other countries help is provided through the riqāb, muallafa al-qulūb, fī sabīl allāh and ibn al-sabīl classes. In the ghārimīn class, especially victims of natural disasters such as flood and earthquake are supported. For those who have a right to receive zakat be able to receive it, the state has to side with the powerless and help zakat fulfill its social and individual functions. The way zakat is spent requires state policy and will. For this reason, zakat should be institutionalized and all activities should be organized by a single institution with state power behind it. Determining the recipients and the zakat-payers, and using the funds efficiently is easier with the coordination of state institutions. Extensive zakat councils that include state institutions should consider the ijtihāds in the area of zakat anew and make decisions to create a just and consistent zakat system. For these decisions to be applicable, the question of what kind of a system could be founded in our country should be on the agenda in these councils. Once an institution – official or autonomous but with state power behind it- is created, solutions can be found as they arise in the way. (shrink)

ABSTRACT:We combine prior research on ethical decision-making in organizations with a rational choice theory of corporate crime from criminology to develop a model of corporate offending that is tested with a sample of U.S. managers. Despite demands for increased sanctioning of corporate offenders, we find that the threat of legal action does not directly affect the likelihood of misconduct. Managers’ evaluations of the ethics of the act, measured using a multidimensional ethics scale, have a significant effect, as do outcome expectancies (...) that result from being associated with the misconduct but not facing formal sanctions. The threat of formal sanctions appears to operate indirectly, influencing ethical evaluations and outcome expectancies. Obedience to authority also affects illegal intentions, with managers reporting higher prospective offending when they are ordered to engage in misconduct by a supervisor. (shrink)

I propose an anti-realist account of truth and paradox according to which the logico-semantic paradoxes are not genuine inconsistencies. The ‘global’ proofs of absurdity associated with these paradoxes cannot be brought into normal form. The account combines epistemicism about truth with a proof-theoretic diagnosis of paradoxicality. The aim is to combine a substantive philosophical account of truth with a more rigorous and technical diagnosis of the source of paradox for further consideration by logicians. Core Logic plays a central role in (...) the account on offer. It is shown that the account is not prey to the problem of revenge paradox. (shrink)

Con motivo del bicentenario del nacimiento de Darwin, esta obra realiza un recorrido por la Teoría de la Evolución a partir del patrimonio bibliográfico y científico de la Universidad de Sevilla. Sus autores muestran la vigencia actual de esta teoría y el papel de Antonio Machado y Núñez, destacado darwinista de la Sevilla de finales del XIX.

Using a quantified propositional logic involving the operators it is known that and it is possible to know that, we formalize various interesting philosophical claims involved in the realism debate. We set out inferential rules for the epistemic modalities, ranging from ones that are obviously analytic, to ones that are epistemologically more substantive or even controversial. Then we investigate various aporias for the realism debate. These are constructively inconsistent triads of claims from our list: a claim expressing some sort of (...) common ground in the debate; a characteristically anti-realist thesis about truth and knowability; and a characteristically realist thesis about determinacy of truth value. Various patterns of reductio proof for these inconsistent triads are generated, so as to display their variety. The reductio proofs use only the inferential rules set out earlier. The philosophical utility of each aporia for the anti-realist is then assessed. This involves consideration of the acceptability of the premiss expressing common ground; the strength and plausibility of the anti-realist premiss; the strength of the realist premiss that is the ultimate target of the reductio; and the analytic status of the inferential rules applied within the proof. (shrink)

In Morality and Socially Constructed Norms, Valentini searches for a unifying principle that underlies whatever genuine obligations we might have to obey the norms of any and all social practices, ranging from line queueing norms, through offsides rules in soccer, to obligations not to break the law. I argue that this search is driven, and distorted, by a commitment to what Bernard Williams labeled the ‘morality system’. Once we see this, we should question the value of the unifying project. Most (...) social norms can be considered on their own terms, as part of a rich and variegated ethical life, without subsuming them under the question of whether others’ moral rights are at stake. Similarly, political obligation needs to be understood in relation to the practical activity of politics, not as an abstract moral quandary. (shrink)

Bu çalışmada Gilles Deleuze’ün Felix Guattari’yle iş birliğinden önce kaleme aldığı eserlere damgasını vuran Nietzsche okumasının anahtar kavramlarına odaklanılmakta ve Deleuze’ün Nietzsche alımlaması ile kendi fark felsefesi arasındaki ilişki açığa çıkartılmaktadır. Deleuze’ün okumasında öne çıkan temalar: Platonculuğun ters yüz edilmesi ve anti-felsefeye çağrı; nihilizmin aşamaları ve ahlaki değerlerin soybilimsel çözümlemesi; güç-istenci ve bedenin bir kuvvetler çokluğu olarak yeniden kavranması ve eleyici bir ilke olan ebedi dönüşün ‘kendinde fark’ı olumlaması şeklinde sıralanabilir. Bu konuların kesiştiği nokta Nietzsche’nin rasyonalizm karşıtlığıdır. Nietzsche, erken dönem (...) metinlerinden Tragedyanın Doğuşu ’nda, ‘Platonik İdea’nın ölü hakikatinin karşısına, kendini daima şeylerin oluşu vasıtasıyla yani görünüşün görünüşünde duyumsanabilir kılan varoluşun ‘ilksel birliğini’ koyar. Deleuze’e göre Nietzsche’nin felsefesi, yaşamın olumlanmasına yönelik anti-Platoncu bir başkaldırı niteliği taşır; çünkü o, “güç-istenci” ve “ebedi-dönüş” kavramları aracılığıyla görünüş dünyasına içkin dinamik ve yaşamsal ilkeleri, geleneksel felsefenin özne, özdeşlik ve temsil gibi kurgularına karşı savunur. Bu açıdan Deleuze, Nietzsche’nin güç istenci düşüncesini, bedeni ve dünyayı kuvvetlerin karşılıklı ilişkileri bağlamında yeniden yorumlamamıza olanak veren bir yaklaşım olarak değerlendirir. Ebedi dönüş öğretisi ise, bir yandan varoluşa içkin yazgıyı olumlayan, diğer yandan nihilist değerleri eleyen kozmolojik dönüşün şiirsel bir yorumudur. (shrink)

v. 1. Metodología e introducción histórica.--v. 2. La Edad de Oro.--v. 3. Del Barroco a la ilustración (Siglos XVII y XVIII).--v. 4. Liberalismo y romanticismo.--v. 5. La crisis contemporánea (3 v.).

N. Tennant; XI*—Entailment and Proofs, Proceedings of the Aristotelian Society, Volume 79, Issue 1, 1 June 1979, Pages 167–190, https://doi.org/10.1093/aristote.

The (B) case summarizes GSK’s response to pressures to increase access to essential medicines in developing countries and subsequent developments.

Blur: Alongside other moral dilemmas and corporate social responsibility related issues, conflicts of interest are one of the most common challenges faced in the workplace. This is the first book devoted to examining the ethics behind conflicts of interest in the context of business, focussing on the foundations of moral philosophy which informs our understanding of ethics. -/- Through clear writing and applied examples, the author shows how ethics can be used to identify and manage conflicts of interest in the (...) business world. The book offers original insights on this topic, moving the scholarly debate forward in conflicts of interest. Offering a clear guide to the ethics of conflicts of interest in business, this is essential reading for students at all levels studying business ethics. (shrink)

At present, no organization does not develop without the continuous improvement of various aspects of its activity: the provision of new services or products, the use of innovative technologies and modern methods of organization and personnel management. Innovations - it is a necessary element of development: without them it is impossible to remain libraries socially relevant organizations, to provide competitive services, to strengthen its position in the marketplace. This article deals with the classification analysis of library innovations, types and their (...) characteristic properties. (shrink)