This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in (...) the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor's desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. (shrink)

Recent studies within neuroscience and cognitive psychology have explored the place of conscious willing in the generation of purposive action. Some have argued that certain findings indicate that the commonsensical view that we control many of our actions through conscious willing is largely or wholly illusory. I rebut such arguments, contending that they typically rest on a conflation of distinct phenomena. Nevertheless, I also suggest that traditional philosophical accounts of the will need to be revised: a raft of studies indicate (...) that control over one’s own will among human beings is limited, fragile, and – insofar as control depends to an extent on conscious knowledge – admitting of degrees. I briefly sketch several dimensions along which freedom of the will may vary over time and across agents. (shrink)

For over four decades, the topic of Chief Executive Officer (CEO) compensation has attracted considerable attention from the fields of economics, finance, management, public policy, law, and business ethics. As scholarly interest in CEO pay has increased, so has public concern about the ethics of high CEO pay. Despite growing interest and pressure among the public and government to reduce CEO pay, it has continued to increase. Using a multi-method design incorporating a pilot study, two online experiments, and an event (...) study, we investigate the impact of CEO pay on consumer purchase intent and find that this negative relationship is magnified under conditions of brand crisis. We also find that the negative interaction of high CEO pay and brand crisis on purchase intent is more negative when the brand has strong equity. Finally, when the CEO is awarded high pay while the firm they manage is undergoing a brand crisis, consumers lose trust in the firm’s brand which reduces consumer purchase intent. This research provides insight on how governance decisions can impact consumer perceptions of corporate brands and consumer behavior, with implications for public policy leaders, boards of directors, CEOs, and Chief Marketing Officers regarding how to manage and message CEO pay. (shrink)

In the last five years, a number of U.S. companies have either moved their locus of incorporation to countries with more favorable tax laws, or announced such moves. Given this trend toward “inversions”, and the polemics that have accompanied it, we offer two ways in which the ethics of such a move can be evaluated. We provide multinational executives with two applications of ethics to inversion: Kant’s deontological theory and the consequentialist perspective of utilitarianism.

The treatment of employees during downsizing and corporate restructuring raises many ethical issues. To provide a common framework for understanding ethical decisions facing organizations delivering the news of dismissal to affected employees, Integrative Social Contracts Theory and the research on social exchange was used to integrate existing research on employee dismissal. Of particular importance was determining the criteria necessary to manage the dismissal process within ethical boundaries. Three basic criteria, which together represent a variety of contractual and transactional obligations, are (...) proposed as necessary for an ethical approach to dismissal; 1) advance warning of the job loss, 2) open communication, and 3) institutionalized support services. The frequency with which organizations meet these criteria is examined using a geographically dispersed, cross-organizational sample of 770 involuntarily displaced professional employees. In addition, the effect of such an ethical approach to dismissal on individual psychological and financial outcomes is examined. Findings are discussed as they relate to the implicit contract between employee and employer and organizations' responsibility to employees during corporate restructuring. (shrink)

Emotion regulation is an umbrella term to describe interactive, goal-dependent explicit and implicit processes that are intended to help an individual manage and shift an emotional experience. The primary window for appropriate emotion regulation development occurs during the infant, toddler, and preschool years. Atypical emotion regulation development is considered a risk factor for mental health problems and has been implicated as a primary mechanism underlying childhood pathologies. Current treatments are predominantly verbal- and behavioral-based and lack the opportunity to practice in-the-moment (...) management of emotionally charged situations. There is also an absence of caregiver-child interaction in these treatment strategies. Based on behavioral and neural support for music as a therapeutic mechanism, the incorporation of intentional music experiences, facilitated by a music therapist, may be one way to address these limitations. Musical Contour Regulation Facilitation is an interactive therapist-child music-based intervention for emotion regulation development practice in preschoolers. The Musical Contour Regulation Facilitation intervention uses the deliberate contour and temporal structure of a music therapy session to mirror the changing flow of the caregiver-child interaction through the alternation of high arousal and low arousal music experiences. The purpose of this paper is to describe the Therapeutic Function of Music, a theory-based description of the structural characteristics for a music-based stimulus to musically facilitate developmentally appropriate high arousal and low arousal in-the-moment emotion regulation experiences. The Therapeutic Function of Music analysis is based on a review of the music theory, music neuroscience, and music development literature and provides a preliminary model of the structural characteristics of the music as a core component of the Musical Contour Regulation Facilitation intervention. (shrink)

Iconoclasts? Who, Us? A Reply to Dolinko Content Type Journal Article Category Original Paper Pages 1-7 DOI 10.1007/s11572-012-9143-3 Authors Larry Alexander, San Diego, CA, USA Kimberly Kessler Ferzan, Camden, NJ, USA Journal Criminal Law and Philosophy Online ISSN 1871-9805 Print ISSN 1871-9791.

When leading spectroscopists in Europe and America were engaged, during 1897, in exploring the recently-discovered Zeeman Effect, they were overtaken by a relatively obscure phsicist working in Dublin. Thomas Preston had previously been known only for his excellent textbooks. His achievement in discovering the Anomalous Zeeman Effect was immediately recognized, but his untimely death has deprived posterity until now of a full account of his life and qualities.

This revolutionary book empowers its readers intellectually by providing a snapshot of perennial and timely philosophical topics. Written by twenty expert women in philosophy and representing a diverse and pluralistic approach to philosophy as a discipline, this book appeals to a wide audience. Individual readers, especially girls and women ages 16-24, as well as university and high school educators and students who want a change from standard anthologies that include few or no women will find value in these pages. This (...) volume contains several notable features: the book is divided into four sections that correspond to major fields in Philosophy-metaphysics, epistemology, social and political philosophy, and ethics-but the chapters within those sections provide fresh ways of understanding those fields. " Every chapter begins with a lively anecdote about a girl or woman in literature, myth, history, science, or art to introduce the chapter's specific topic." Chapters are dominated by women's voices, with nearly all primary and secondary sources used coming from women in the history of philosophy and a diverse set of contemporary women philosophers. "All chapters offer the authors' distinct philosophical perspectives written in their own voices and styles, representing diverse training, backgrounds, and interests." The Introduction and Prologue explicitly invite the book's readers to engage in philosophical conversation and reflection, thus setting the stage for continued contemplation and dialogue beyond the book itself. The result is a rigorous yet accessible entry-point into serious philosophical contemplation designed to embolden and strengthen its readers' own senses of philosophical inquiry and competence. The book's readers will feel confident in knowing that expert women affirm an equitable and just intellectual landscape for all and thus have lovingly collaborated to write this book. (shrink)

Persons are those individuals who have or have a natural potential for the capacities of subjective awareness, intrinsic intentionality and cognition, and intentional action. This chapter considers persons primarily through their capacity for intentional action, and more specifically still through the freedom of will or choice that people commonly suppose mature, intact human persons to manifest. The main argument of the chapter is that the schematic philosophical “theory” of minded human persons that best accounts for relevant natural‐historical, organismic‐developmental, neurophysiological, and (...) introspective evidence has it that people are wholly physically composed. The chapter shows how causally conditioned and physically composed entities may nonetheless be fundamental, nonderivative causes. A full articulation of emergence in terms of the nonbasic but fundamental requires people to take a stand on the ontological categories of individual (substance) and property. The chapter discusses substratum‐attribute theory, and applies the theory to the thesis that human persons are composite, emergent individuals. (shrink)

This essay treats divergent conceptions of “respectability politics” as a question of conceptual ethics. Influential discussions of respectability politics in the public sphere have centered on disagreements about tactics and strategies for liberation. But entwined within this discourse one can find a parallel effort to decide which conception of “respectability politics” will best serve the current moment of struggle. Should we accept its newer normative meaning, where it is used to condemn political tactics that ask African-Americans and members of other (...) marginalized groups to seem nonthreatening and morally acceptable to oppressors? Or should stakeholders work to preserve the descriptive meaning of the concept—the one introduced by Evelyn Brooks Higginbotham (Righteous Discontent, 1993) to identify late-Ninenteeth century tactics of moral self-discipline that were sometimes elitist, but were also often progressive, rebellious, and pro-working class? The conceptual choice invites us to ask which social realities should be picked out by the phrase “respectability politics” and how to judge the different ways normative and descriptive conceptions function within our political lives. In this essay I offer criteria for adjudicating between the negative-normative and the complex-descriptive conceptions of respectability politics and I consider the whether or not they can be reconciled. (shrink)

Hegel’s World Revolutions is a fascinating work which brings a new and illuminating narrative to the development of Hegel’s political thinking. Through examinations of Kant’s moral and political ph...

Walter Conn's theory of Christian Conversion (1986) provides an illuminating lens for understanding Dorothy Day's conversion experience. Day's story, conversely, offers an opportunity to test selected features of Conn's theory, specifically the affective, cognitive, moral, and religious categories of analysis. The dialectic is a fruitful one, yielding insight into both Day's story and Conn's theory, while at the same time raising provocative questions about and contributing to the current debate regarding an "ethic of care" as distinct from an "ethic of (...) justice.". (shrink)

This book closely examines how the phenomenological lineage is received in deconstruction, especially the relation between deconstruction and Derrida's radical ...

Reflecting on a career that temporally coincides with that of the JRE and discloses a like commitment to approaching ethics through attention to multiple religious traditions, the author traces the evolution of her abiding interest in socio-historical expressions of religious convictions and the processes of ethical reflection and analysis that accompany and challenge these. As her research has increasingly focused on a North-South axis, the compelling voices of the poor have provided moral insight and have reformed the author's questions about (...) the interplay of circumstance and moral sensibility, awakening new appreciation both of indomitable moral integrity and of the fragility of virtue. (shrink)

First published in 2006. Routledge is an imprint of Taylor & Francis, an informa company.

Combining the frameworks of multi-dimensional analysis and rhetorical structure theory, this study examines the linguistic co-occurrence patterns in the discourse of corporate annual reports and interprets their underlying functional dimensions. Our corpus consists of texts of corporate 10K reports from firms listed on New York Stock Exchange. Five functional dimensions are quantitatively extracted and qualitatively interpreted: expression of direct persuasion; expression of impersonal stance; subjective versus objective positioning; integrative expression of stance versus fragmented expression; and expression of reliability. All these (...) dimensions contribute to the communicative function of persuasion. The analysis of the rhetorical structures of excerpts with high concentrations of co-occurring linguistic features on each dimension further indicates the communicative strategy of persuasion. The proposed MD model is then applied to analyze the effect of firm performance on the linguistic variation in CAR discourse. We found that firm performance can significantly affect the linguistic variation in CAR discourse. CAR discourse from firms with good performance is more reliable. The result reveals managements’ use of concealment strategy in impression management. This study has implications for MD analysis, business discourse analysis, language pedagogy and accounting research. (shrink)

An essay review of Michael Weisberg's Simulation and Similarity.

Research on skateboarding has sought to define it, place it in a spatial-temporal schema, and analyse its social and cultural dimensions. We expand upon skateboarding’s relationship with time using the Marxist theorist Henri Lefebvre’s temporal science of Rhythmanalysis. With the disruption of urban social production of capital by the Covid-19 pandemic, we find skateboarding renewed in urban disjuncture from Capitalism and argue that this separation is central to its performance and culture. We propose that skateboarding is arrhythmic: discordant, out of (...) step, and disruptive of the more predictable rhythms of everyday production of capital. Drawing on Lefebvre’s concept of ‘arrhythmia’, we attempt re-conceive a beat and tempo of skateboarding: offbeat, juxtaposed, tilted, and contradictory. We emphasise that this discordance is not a malady but part of a broader beat ontology in skateboarding. This very discordance also raises questions about the continued incorporation of skateboarding into competitive sports, wellbeing, and prosocial paradigms and reminds theorists that skateboarding continues to be unkempt, subversive and tacitly political. (shrink)

The authors offer a framework based on the stakeholder, organizational identity, and strategic response literatures to specify how organizational identity influences an organization’s responses to negative evaluation in the public domain by external stakeholders. The framework proposes how the number of organizational identities possessed by an organization and the level of perceived organizational identity threat affect which type of response an organization will adopt. Directions for future research are developed and implications for practicing managers are proposed.

Patrick O'Connor's contribution brings us back to the question with which this issue started, namely whether, after Husserl, phenomenology can still profit from a thinking of the epoché. In There is no World Without End : Derrida's Phenomenology of the Extra-Mundane O'Connor brings out the radicality of Jacques Derrida's philosophy with respect to a thinking of 'world'. Developing key Husserlian and Heideggerian themes to broaden Husserl's phenomenological theory of consciousness, Derrida's early work, according to O'Connor, assesses the (...) capacity of the phenomenological reduction to escape the mundane natural attitude. While working through phenomenology, Derrida still remains a post-phenomenological thinker, arriving at a more ontological albeit differential expression of phenomena. O'Connor then isolates the manner in which Derrida discusses phenomenological concepts such as the sensible and the intelligible, the natural attitude, immanence and transcendence, intentionality and finitude in order to reflect on how consciousness is pre-reflectively constituted by an irreducible intersection with the 'world' and the loss of world. O'Connor demonstrates that throughout his career, from his earliest work on genesis to his last works on spectrality and touch, Derrida always remained faithful to this centrality of a suspension of the phenomenologically mundane world. (shrink)

This chapter contains sections titled: Side‐Effects of Wykstra's Noseeum Defense Verdict on Noseeum Defenses Evaluating van Inwagen's Second Skeptical Defense Overall Verdict on Skeptical Defenses On to Substantive Defenses Suggested Reading.

This chapter contains sections titled: Hick and Swinburne Moral Evil and the Free‐Will Defense Natural Disasters and other Terrible Things, and the Free‐Will Defense Suggested Reading.

This chapter begins with the most economical response to the conclusion that contingent existence is founded in necessary being (NB). It illustrates how one might come to see subtle entailment relations between properties that at first seem mutually independent. The author argues that there must be an internal connection between necessary existence (N), and any other essential features of NB. The chapter highlights that there can be only one kind of NB, whose properties are particulars bound up in relations of (...) mutual entailment. It discusses the varieties of chaos by first considering single‐stage models, of which there are three basic varieties: immutable chaos, abundant chaos and random chaos. The chapter considers three related and more substantial objections to the design inference from fine‐tuning. All of them question the possibility space the argument invokes or the probability judgments that are drawn. (shrink)

Many familiar modal claims are clearly made against some set of background assumptions, as when making such claims, we hold fixed certain background truths, and intend to call attention to the fact that the ‘necessity’ in question is an invariable consequence of those truths. Ordinary explanations of particular phenomena that draw upon scientific theories are replete with modal concepts. Necessity plays a yet deeper role in the practice of formulating scientific theories. Alongside the ever increasing constraints of accumulating empirical evidence, (...) theories are always held to the constraint of logical and mathematical consistency. This chapter expresses common philosophical claims concerning the place of modality in scientific explanations that have nonetheless been heavily challenged, especially in the twentieth century. It also considers and criticizes a range of views that stand opposed to robust modal realism. (shrink)