Quatro painéis de muito boa pintura, representando aspectos da vida e martírios dos Santos Mártires de Lisboa, Veríssimo, Máxima e Júlia, estão patentes no Museu Carlos Machado, em Ponta Delgada, nos Açores.Obras nunca estudadas antes de 2001, embora referenciadas documentalmente já no século XIX, permaneceram em colecções particulares até aos anos sessenta do século XX, quando foram doadas ao museu açoriano, onde se encontram em bom estado de conservação. Nunca dali saíram, a não ser um dos painéis para a XVII (...) Exposição Europeia de Arte, Cultura e Ciência (núcleo da Casa dos Bicos) e outro painel, em 1992, para uma exposição em Génova. As obras, de relativamente pequenas dimensões, são muito ricas em aspectos iconográficos e de caracterização de ambientes. Datáveis da década de 30 do século XVI, têm sido atribuídas ao pintor Garcia Fernandes e, mais recentemente, a Cristóvão de Utreque, um dos mestres que foi referenciado como eventual colaborador dos chamados Mestres de Ferreirim: Cristóvão de Figueiredo, Gregório Lopes e Garcia Fernandes.Muito interessante, no entanto, é a iconografia das paisagens urbanas de duas das pinturas, mas a vida e os martírios dos santos não acompanham o que se conhecia da literatura do tempo. (shrink)

This paper discusses the logical space of alternative conceptual engineering projects, with a specific focus on (1) the processes, (2) the targets and goals, and (3) the methods of such projects. We present an overview of how these three aspects interact in the contemporary literature and discuss those alternative projects that have yet to be explored based on our suggested typology. We show how choices about each element in a conceptual engineering project constrain the possibilities for the others, thereby giving (...) rise to distinct groupings of possible projects under the banner of conceptual engineering. We conclude with a critical reflection on the potential ethical issues that arise as a result of effectively putting conceptual engineering into practice. (shrink)

Conceptual engineering means to provide a method to assess and improve our concepts working as cognitive devices. But conceptual engineering still lacks an account of what concepts are (as cognitive devices) and of what engineering is (in the case of cognition). And without such prior understanding of its subject matter, or so it is claimed here, conceptual engineering is bound to remain useless, merely operating as a piecemeal approach, with no overall grip on its target domain. The purpose of this (...) programmatic paper is to overcome this knowledge gap by providing some guidelines for developing the theories of concepts and of cognition that will ground the systematic unified framework needed to effectively implement conceptual engineering as a widely applicable method for the cognitive optimization of our conceptual devices. (shrink)

The debate surrounding ‘big tech’ and antitrust has dominated public policy discourses over the past few years in many parts of the world. Noteworthy is that several countries and regions, including China, the European Union, and the United States, have launched investigations into the allegedly anticompetitive and exclusionary business practices of companies such as Amazon, Apple, Facebook, and Google and their Chinese counterparts, Alibaba and Tencent. This paper builds on the renewed interest in the topic and discusses in detail – (...) and from an ordoliberal perspective – the key characteristics of the digital economy, the business conduct of tech platforms, and the corresponding antitrust concerns, as well as possible reform steps which could help to strengthen modern-day competition law and policy (and antitrust enforcement). (shrink)

Conceptual engineering is the method for assessing and improving our concepts. However, little has been written about how best to conceive of concepts for the purposes of conceptual engineering. In this paper, I aim to fill this foundational gap, proceeding in three main steps: First, I propose a methodological framework for evaluating the conduciveness of a given concept of concept for conceptual engineering. Then, I develop a typology that contrasts two competing concepts of concept that can be used in conceptual (...) engineering — namely, the philosophical and psychological ones. Finally, I evaluate these two concepts of concept using the proposed methodological framework and I show that, when it comes to making conceptual engineering an actionable method, the psychological concept of concept outclasses its philosophical counterpart on all counts. This provides a baseline from which the concept of concept can be further improved for the purposes of conceptual engineering. (shrink)

The paper presents a renewed Habermasian view on transnational multi-stakeholder initiatives (MSIs) and assesses the institutional characteristics of the Equator Principles Association (EPA) from a deliberative democracy perspective. Habermas’ work has been widely adopted in the academic literature on the political responsibilities of (multinational) corporations (i.e., political corporate social responsibility), and also in assessing the democratic qualities of MSIs. Commentators, however, have noted that Habermas’ approach relies very much on ‘nation-state democracy’ and may not be applicable to democracy in MSIs—in (...) which nation-states are virtually absent. We argue that Habermas’ detailed conceptualization of the institutionalization of deliberative democracy can be applied to transnational MSIs if these initiatives can be said to have their own ‘dèmoi’ that can be represented in associational decision-making. Therefore, we develop a definition of the dèmos of an MSI based on the notion of collective agency. Subsequently, we explain how Habermas’ approach to democracy can be applied to MSIs and show that it has more to offer than hitherto has been uncovered. Our illustrative analysis of the EPA confirms the criticisms regarding this MSI which have recently been articulated by researchers and practitioners, but also yields new findings and possible avenues for the further development of the EPA: That is, although our assessment suggests that the EPA in its current state is still far from being a democratic MSI, the possibility of a sensible analysis of its democratic character indicates that transnational MSIs can, in principle, help to fill governance gaps in a democratic way. (shrink)

In the light of several ongoing antitrust investigations in the E.U. and the U.S., the following research paper analyzes whether ‘big tech’ – same as the big banks – need special regulatory (and economic -political) attention and if so, how an updated form of regulatory policy for the digital era could look like. It does so by utilizing – and reviving – the normative and business -ethical ideals of German ‘neoliberalism’, also known as (classical) ordoliberalism. Especially, Walter Eucken’s work has (...) the potential to inform and enrich the current debate concerning the regulation of big tech. The main goal of the paper is to outline a potentially new regulatory framework – one that combines (and revises) Eucken’s ordoliberalism with the competition policy of the European Union. (shrink)

Understanding what motivates employees is essential to the success of organizational objectives. Therefore, properly capturing and explaining the full range of such motivations are important. However, the classical and most popular theories describing employee motives have neglected, if not omitted entirely, the importance of the ethical and spiritual dimensions of motivation. This has led to a model of a person as self-interested, amoral, and non-spiritual. In this paper, we attempt to expose this omission and offer a more complete taxonomy of (...) motivations which include these dimensions. Although more work will need to be done to fully develop the ethical and spiritual dimensions of motivation, the expanded taxonomy will provide the foundations and serve as a guide for such further research. Furthermore, this new categorization of motivations brings out the full dimensions of being human, which promises to lead to improved management practices with regard to employees and foster greater human flourishing in the workplace. (shrink)

Plural definite descriptions across many languages display two well-known properties. First, they can give rise to so-called non-maximal readings, in the sense that they ‘allow for exceptions’. Second, while they tend to have a quasi-universal quantificational force in affirmative sentences, they tend to be interpreted existentially in the scope of negation. Building on previous works, we offer a theory in which sentences containing plural definite expressions trigger a family of possible interpretations, and where general principles of language use account for (...) their interpretation in various contexts and syntactic environments. Our theory solves a number of problems that these previous works encounter, and has broader empirical coverage in that it offers a precise analysis for sentences that display complex interactions between plural definites, quantifiers and bound variables, as well as for cases involving non-distributive predicates. The resulting proposal is briefly compared with an alternative proposal by Križ, which has similar coverage but is based on a very different architecture and sometimes makes subtly different predictions. (shrink)

The past few years have seen the opening of several antitrust investigations against some of the most dominant and powerful companies in the world—e.g., the U.S. Department of Justice, numerous states, and the Federal Trade Commission have sued Google, Facebook, and Amazon, and the E.U. has launched additional proceedings against Amazon, Apple, Facebook, and Google. This paper looks at the latest trends and developments in the E.U. and the USA and analyzes the different regulatory approaches taken from a distinct business (...) ethics, that is, ordoliberal perspective. The paper aims to derive ordoliberal-inspired antitrust principles and apply them to the current antitrust proceedings and investigations, thereby assessing their strengths and weaknesses. It also aims at developing ordoliberal-inspired reform proposals which might help to strengthen and “harden” modern-day antitrust regimes. (shrink)

Conceptual engineering is the method for assessing and improving our concepts. Some have recently claimed that the implementation of such method in the form of ameliorative projects is truth-driven and should thus be epistemically constrained, ultimately at least (Simion 2018; cf. Podosky 2018). This paper challenges that claim on the assumption of a social constructionist analysis of ideologies, and provides an alternative, pragmatic and cognitive framework for determining the legitimacy of ameliorative conceptual projects overall. The upshot is that one should (...) not ameliorate for the sake of truth or knowledge, in the case of ideologies—at least, not primarily. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Conceptual engineering is the method for assessing and improving our representational devices. On its ‘broad-spectrum’ version, it is expected to be appropriately applicable to any of our representation-involving cognitive activities, with major consequences for our whole cognitive life. This paper is about the theoretical foundations of conceptual engineering thus characterised. With a view to ensuring the actionability of conceptual engineering as a broad-spectrum method, it addresses the issue of how best to construe the subject matter of conceptual engineering and successively (...) defends the theses that conceptual engineering should be: (i) About concepts, (ii) psychologically theorised, (iii) as multiply realised functional kinds. Thereby, I claim to theoretically secure and justify the maximum scope, flexibility, and impact for the method of conceptual engineering on our representational devices in our whole cognitive life—in other words, a broad-spectrum version of conceptual engineering. (shrink)

This paper reports on a study of the largest Spanish corporations concerning the status of corporate ethics policies. The research project, the first of its kind in Spain, has two parts. First, the types of formal documents the companies use are analysed, including those dealing with ethical values or norms. Three groups of companies are distinguished: the first group has no formal documents dealing with ethical values, and the reasons given for not having any ethical statement are discussed. A second (...) group has one document mentioning ethical values (generally the vision and/or mission statement), and a third group has in place two or more documents (one generic and the other more detailed, such as a code of conduct). The findings show that the latter group is more proactive than the former in implementing measures for promoting business ethics throughout the organisation. In the second part of the research, the study analyses the differences between companies whose headquarters are in Spain, Europe and USA regarding the arguments, the focus and the practices used to formalise business ethics. (shrink)

The central aim of the present investigation is to shed light on Nietzsche’s understanding of happiness and a good life, starting from Nietzsche’s appropriation of Plato’s and Aristotle’s doctrine of a hierarchy of human beings and forms of life.

Presupposition, vagueness, and oddness can lead to some sentences failing to have a clear truth value. The homogeneity property of plural predication with definite descriptions may also create truth-value gaps: The books are written in Dutch is true if all relevant books are in Dutch, false if none of them are, and neither true nor false if, say, half of the books are written in Dutch. We study the projection property of homogeneity by deploying methods of general interest to identify (...) truth-value gaps. Method A consists in collecting both truth judgments and, independently, falsity judgments. The second method, employed in experiment series B and C, is based on one-shot ternary judgments: completely true vs. completely false vs. neither. After a calibration of these methods, we use them to demonstrate that homogeneity projects out of negation, the scope of universal sentences and the scope of non-monotonic quantifiers such as exactly two, to some extent. We assess our results in light of different theoretical approaches to homogeneity—approaches based on presuppositions, scalar implicatures, and something like supervaluations, respectively. We identify free parameters in these theories and assess various variants of them based on our results. Our experimental paradigms may be of broader significance insofar as they can be applied to other phenomena which result in the failure of a sentence to have a definite truth value. (shrink)

Conceptual engineering is the method for assessing and improving our representational devices. On its ‘broad‐spectrum’ version, it is expected to be appropriately applicable to any of our representation‐involving cognitive activities, with major consequences for our whole cognitive life. This paper is about the theoretical foundations of conceptual engineering thus characterised. With a view to ensuring the actionability of conceptual engineering as a broad‐spectrum method, it addresses the issue of how best to construe the subject matter of conceptual engineering and successively (...) defends the theses that conceptual engineering should be: (i) About concepts, (ii) psychologically theorised, (iii) as multiply realised functional kinds. Thereby, I claim to theoretically secure and justify the maximum scope, flexibility, and impact for the method of conceptual engineering on our representational devices in our whole cognitive life—in other words, a broad‐spectrum version of conceptual engineering. (shrink)

Economics students and economists have—grosso modo—a bad societal reputation. This is, roughly speaking, the provocative result of the majority of empirical studies on economic education. On average, economists and economics students behave in a more self-interested way than others; they are more prone to deviate from the moral good; they tend to free-ride more often and invest less in public goods games; they are more corrupt and less honest in lost letterexperiments, less cooperative in solidarity games, and accept less and (...) keep more in ultimatum bargaining games. In short: they seem to behave more in accordance with the predictions of the rational or self-interest model of standard economics, the Homo oeconomicus model. What might be the reasons that the degree of anti-social and uncooperative behavior is on average significantly more pronounced among economics students compared to other student groups? Can these empirical findings be explained by the self-selection effect and/or the indoctrination effect? What are the implications of these empirical results for economic ethics and economic education? Which roles do the economics curriculum and economic textbooks play? Do they have any effect on everyday behavior? Is the way economics is taught at (business) schools, colleges and universities co-responsible for the considerable behavioral differences? And what can be done in order to reverse these trends and to foster other-regarding preferences and pro-social behavior? The paper analyzes these and other questions with the help of experimental economics, behavioral economics and neuroeconomics. It also draws on recent findings of brain physiology research in general and neuroplasticity in particular. (shrink)

Ratio, Volume 34, Issue 4, Page 286-302, December 2021.

Philosophers disagree whether composition as identity entails mereological universalism. Bricker :264–294, 2016) has recently considered an argument which concludes that composition as identity supports universalism. The key step in this argument is the thesis that any objects are identical to some object, which Bricker justifies with the principle of the universality of identity. I will spell out this principle in more detail and argue that it has an unexpected consequence. If the universality of identity holds, then composition as identity not (...) only leads us to universalism, but also leads to the view that there are no mereological atoms. (shrink)

La pena natural es una situación paradójica que se puede presentar cuando el autor de un delito, al cometerlo o a causa de éste, ha sufrido un daño igual o mayor al que padecería si el juez de la causa le aplicara la pena estatal prevista para tal conducta. Se da con frecuencia al juzgar ciertos accidentes viales, cuando el acusado ya carga el peso de ser quien, por imprudencia, mató a su pareja o familiar cercano, por ejemplo. Pero ¿en (...) qué situaciones y cómo cabe recurrir a la pena natural? En esta investigación, Manuel Serrano explora las diversas aristas y posturas en pugna que atraviesan este tema, donde se cruzan cuestiones como la idea de la “culpa compensada”, la prohibición de aplicar castigo doble por un mismo hecho (non bis in idem) y la clemencia judicial. El autor desmonta la estructura conceptual de la pena natural, estudia jurisprudencia argentina y recorre producciones teóricas de juristas que se han preocupado por este asunto complejo, profundo y poco abordado del derecho penal. (shrink)

The E.U. is shortly before implementing the Digital Markets Act (DMA), which aims to regulate digital markets and (ideally) rein in the power of big tech gatekeepers. Several researchers claim that this proposal – and especially its goal to ensure the contestability and fairness of digital markets – is ordoliberal in nature, yet what is missing in the academic literature is a closer look at the parallels (and differences) between the E.U.’s competition policy (and the DMA) and ordoliberalism. This paper (...) tries to close the gap and help answer the question of whether the DMA is indeed standing in an ordoliberal tradition. Furthermore, it evaluates the Act’s institutional strengths and weaknesses – as seen from an ordoliberal perspective – and points out potential ways to strengthen E.U. competition policy (and the DMA) and bring it closer to the ordoliberal ideal. (shrink)

The online space has become a digital public square, where individuals interact and share ideas on the most trivial to the most serious of matters, including discussions of controversial ethical issues in science, technology and medicine. In the last decade, new disciplines like computational social science and social data science have created methods to collect and analyse such data that have considerably expanded the scope of social science research. Empirical bioethics can benefit from the integration of such digital methods to (...) investigate novel digital phenomena and trace how bioethical issues take shape online.Here, using concrete examples, we demonstrate how novel methods based on digital approaches in the social sciences can be used effectively in the domain of bioethics. We show that a digital turn in bioethics research aligns with the established aims of empirical bioethics, integrating with normative analysis and expanding the scope of the discipline, thus offering ways to reinforce the capacity of bioethics to tackle the increasing complexity of present-day ethical issues in science and technology. We propose to call this domain of research in bioethicsdigital bioethics. (shrink)

The following commentary offers an analysis of subjective truth in Soren Kierkegaard’s Concluding Unscientific Postscript to his Philosophical Fragments. Our intention is to discuss Kierkegaard’s reflections on subjective truth, in order to show that, rather than claiming that the subject’s interiority defines truth, Kierkegaard thought that truth supposes more than the subject itself.

Firms engage in corporate social responsibility (CSR) because they consider that some kind of competitive advantage accrues to them. We contend that resource-based perspectives (RBP) are useful to understand why firms engage in CSR activities and disclosure. From a resource-based perspective CSR is seen as providing internal or external benefits, or both. Investments in socially responsible activities may have internal benefits by helping a firm to develop new resources and capabilities which are related namely to know-how and corporate culture. In (...) effect, investing in social responsibility activities and disclosure has important consequences on the creation or depletion of fundamental intangible resources, namely those associated with employees. The external benefits of CSR are related to its effect on corporate reputation. Corporate reputation can be understood as a fundamental intangible resource which can be created or depleted as a consequence of the decisions to engage or not in social responsibility activities and disclosure. Firms with good social responsibility reputation may improve relations with external actors. They may also attract better employees or increase current employees’ motivation, morale, commitment and loyalty to the firm. This article contributes to the understanding of why CSR may be seen as having strategic value for firms and how RBP can be used in such endeavour. (shrink)

Die Forschung hat bislang entweder bemängelt, dass Nietzsches Philosophie ein Begriff von szialer Gerechtigkeit fehlt oder had einen solchen kaum in den Blick bekommen. Im Gegensatz dazu argumentiert der Aufsatz dafür, dass der sozialen Gerechtigkeit in Nietzsches politischem Denken eine zentrale Rolle zukommt. Er zeigt, dass das antike Vorbild seiner Gerechtigkeitsauffasseng Platons Begriff der politischen Gerechrigkeit ist. Die Kernthese des Aufsatzes ist, dass diese Gerechtigkeitsauffassung in Nietzsches Konzeption einer guten Ordnung des Staates und der Gesellschaft enthalten oder verkörpert ist. eine (...) weitere These betrifft das anthropologische Fundament von Nietzsches Vision einer gerechten Gesellschaftsordnung. Dieses Fundament bildet seine Grundüberzegung, dass die Menschen nicht bloß fundamental ungleich sind, sondern dass ihnen auch ein äußerst ungleicher Wert und Rang zukommt.Up to now researchers have maintained that Nietzsche's philosophy has no concept of social justice or have hardly noticed such a concept. On the contrary, the essay argues that social justice plays an important role in Nietzsche's political thinking. It shows that his conception of justice is modelled after Plato's antique concept of political justice. The main thesis of the essay is that this conception is embodied in Nietzsche's notion of a well-ordered state or society. An additional thesis concerns the anthropological basis of what Nietzsche holds to be a just social order. This basis is constituted by his conviction that people are not only fundamentally unequal but also extremely different in worth and rank. (shrink)

The hypothetical conflict between self‐interest, corporate interest, and the common good is one of the hottest debated issues in business ethics. This article focuses on a particular corporate social responsibility approach within the field of sustainable (project) finance, which has the potential—given that certain reform measures are adopted—to overcome the alleged trade‐off between self‐interest and the common good. The approach is labeled as the Equator Principles (EPs) framework, which celebrated its tenth anniversary and the formal launch of the third generation (...) of the EPs (EP III) in 2013. The article shows how companies can theoretically be both profitable and socio‐environmentally responsible by adhering to the EPs. The article proceeds as follows: Before moving on to the EPs, section 2 defines the key terms self‐interest and common good. Section 3 then analyzes the EPs from a business ethics perspective. Section 4 shows how the EPs can help in solving the potential trade‐off between self‐interest and the common good—provided that the EPs are substantially revised. These required reform steps are discussed in section 5. The article ends with a summary of the main findings. (shrink)

The article is guided by two main research questions: First, do the Equator Principles (EPs), a voluntary CSR-initiative in the project finance sector, and the recently published working paper of the Thun Group of Banks adequately address the U.N. Guiding Principles on Business and Human Rights or do they fall behind the ‘Ruggie framework’? Second, is the demand for human rights due diligence sufficient to classify the EPs as a positive and leverage-based concept of CSR (à la Wettstein and Wood) (...) or is this requirement still a feature of a negative and impact-based concept of CSR? In case it is a negative and impact-based concept of CSR, the question comes up which further steps should be taken by financial institutions to fulfill their positive and leverage-based responsibilities. The article argues that positive and leverage-based responsibilities for multinational companies exist – due to the moral nature of human rights and due to the political authority of multinational companies – and that the current (Ruggie-like) requirements for human rights due diligence are not adequate for a positive and leverage-based concept of CSR. Further measures should be taken by multinational companies – and especially (Equator) banks which possess a high leverage-influence over their clients – to not only ensure the respect for human rights, but also the on-the-ground protection and realization of human rights. (shrink)

This article examines Aristotle’s theory of ‘factional conflict’ in Book 5 of the Politics and claims that it is mainly directed against the a-historical account of constitutional change Plato develops in the Republic. Aristotle’s investigation of the causes of stasis is oriented towards the normative political goal of stabilizing political orders and preventing their ‘change’ into different ones. This article argues that the constitution Aristotle calls ‘polity’ constitutes his solution to the challenge of stabilizing democracies and oligarchies. The paper also (...) aims at elucidating Aristotle’s conception of an empirical political science, his political realism, and the method he applies in conjunction with it in the ‘empirical’ Books of the Politics. (shrink)

Focusing on the plurality of irreconcilable conceptions of social and political justice, this book presents an array of new perspectives on the topic of distributive justice. Bringing together 30 original essays of well-established and young international scholars, the volume is essential reading for anyone interested in social and political justice.

Una Según una influyente línea interpretativa sostiene que la mejor ciudad polis ideal de Aristóteles debe ser considerada como un gobierno constitucionaluna politeia (πολιτεία). Son eruditos alemanes quienes adoptan esta lecturaEsta corriente predomina aún hoy entre los eruditos alemanes.. En este grupo hay que incluir a Martha Nussbaum en tanto que aboga por una “socialdemocracia aristotélicaEn tanto paladina de la “social democracia aristotélica”, Martha Nussbaum pertenece también a esta línea exegética ”. En oposición a tales interpretaciones, este ensayo defiende la (...) tesis que Aristóteles pertenece a la tradición de pensamiento político aristocrático. Esta tradición se remonta a Teognis, Heráclito y Platón y se inicia como una crítica dirigida tanto a la decadencia de la virtud aristocrática como cuanto al ascenso de valores democráticos ey egalitariosigualitarios. Este ensayo trabajo demuestra que Aristóteles concibe las diferentes formas de constitución como manifestaciones de distintas concepciones de la justicia distributiva. Aristóteles mantiene una clara preferencia por una concepción aristocrática de la justicia, y , por tantocomo consecuencia, por la aristocracia. La constitución de la mejor polis ideal que detalla en los libros VII y VIII de la Política debe entenderse como una “verdadera aristocracia” en la que los cargos políticos son distribuidos, según el mérito (κατ᾽ ἀξίαν), a los mejores ciudadanos entre los ciudadanos que sean los mejores desde el punto de vista moral e intelectualtanto moral como intelectualmente hablando. Aristóteles, pensamiento político aristocrático, justicia distributiva, aristocracia, mejor poli, sEstado ideal . (shrink)

As recent newspaper headlines show the topic of patents/patent laws is still heavily disputed. In this paper I will approach this topic from a theoretical-historical and history of economic thought-perspective. In this regard I will link the patent controversy of the nineteenth century with Walter Eucken's Ordoliberalism – a German version of neoliberalism. My paper is structured as follows: The second chapter provides the reader with a historical introduction. At the heart of this paragraph are the controversy and discourse on (...) patent laws in nineteenth century Europe as well as the pro and contra arguments presented by the anti-patent/free-trade movement respectively by the advocates of patent protection. The focus of my paper is on the struggle for the protection of inventions and innovations in nineteenth century Germany, since Walter Eucken, main representative of the Freiburg School of Law and Economics, picks up the counter-arguments presented in the national debate and in particular by the Kongress deutscher Volkswirthe. The third chapter deals intensively with the question whether patent laws are just 'nonsense upon stilts' from an ordoliberal perspective. Here, Eucken's arguments against the current patent system are elaborated in great detail. The paper ends with a summary of my main findings. Read the Open Peer Discussion on this paper ». (shrink)

In recent decades, Total Quality Management (TQM) has become an important phenomenon in the world of business, but the implications and scope of quality programs are quite different everywhere. Since different explanations have been given, most authors agree that management commitment and leadership are indispensable elements for a successful TQM implementation. Nevertheless, the study of the literature reflects a terminological confusion on this point. The authors of this paper argue that commitment and leadership are not synonymous terms.While committed managers may (...) lead the process of quality using exclusively their formal authority, those who are leaders generate a kind of influence that goes further than that. This paper suggests a multidimensional perception of leadership and upholds that only by considering the ethical dimension of leadership, together with technical and psycho-emotive ones, it is possible to explain more accurately interpersonal influences beyond the scope of power. As an illustrative example of the importance of considering each dimensions, the authors present two case studies of TQM implementation. (shrink)

The paper gives an overview of primate research and the economic-ethical 'lessons' we can derive from it. In particular, it examines the complex, multi-faceted and partially conflicting nature of (non-) human primates. Our closest living relatives, the chimpanzees and bonobos, apparently walk on two legs: a selfish and a groupish leg. Given evolutionary continuity and gradualism between monkeys, apes and humans, human primates seem to be bipolar apes as well. They, too, tend to display a dual structure: there seems to (...) be a pro-social and a self-interested side to our species and a bipolar tension seems to exist between competition and cooperation respectively between self-interest and the common good. We are apparently at the same time Homines oeconomici and Homines culturali. Our inner ape tries to combine self-interested and common good motives. Based on de Waal's Russian doll model, the essay investigates the evolutionary origins of morality and 'eusociality'. With the help of selected case studies stemming from behavioural sciences/economics, the paper illustrates examples of empathy, altruism, reciprocal fairness, pro-social and other-regarding preferences, inequity aversion and altruistic punishment in (non-)human primates. Beside this selfless and groupish side, the paper also reflects on the self-interest and egoistic nature of (non-)human primates and the behavioural and cognitive differences between monkeys, apes and humans. (shrink)

Up to now researchers have maintained that Nietzsche’s philosophy has no concept of social justice or have hardly noticed such a concept. On the contrary, this article argues that social justice plays an important role in Nietzsche’s political thinking. It shows that his conception of justice is modelled after Plato’s antique concept of political justice. The main thesis of the paper is that this conception is embodied in Nietzsche’s notion of a well-ordered state or society. An additional thesis concerns the (...) anthropological basis of what Nietzsche holds to be a just social order. This basis is constituted by his conviction that people are not only fundamentally unequal but also extremely different in worth and rank. (shrink)

Commercial genetic testing offered over the internet, known as direct-to-consumer genetic testing (DTC GT), currently is under ethical attack. A common critique aims at the limited validation of the tests as well as the risk of psycho-social stress or adaption of incorrect behavior by users triggered by misleading health information. Here, we examine in detail the specific role of advertising communication of DTC GT companies from a medical ethical perspective. Our argumentative analysis departs from the starting point that DTC GT (...) operates at the intersection of two different contexts: medicine on the one hand and the market on the other. Both fields differ strongly with regard to their standards of communication practices and the underlying normative assumptions regarding autonomy and responsibility. Following a short review of the ethical contexts of medical and commercial communication, we provide case examples for persuasive messages of DTC GT websites and briefly analyze their design with a multi-modal approach to illustrate some of their problematic implications. We observe three main aspects in DTC GT advertising communication: (1) the use of material suggesting medical professional legitimacy as a trust-establishing tool, (2) the suggestion of empowerment as a benefit of using DTC GT services and (3) the narrative of responsibility as a persuasive appeal to a moral self-conception. While strengthening and respecting the autonomy of a patient is the focus in medical communication, specifically genetic counselling, persuasive communication is the normal mode in marketing of consumer goods, presuming an autonomous, rational, independent consumer. This creates tension in the context of DTC GT regarding the expectation and normative assessment of communication strategies. Our analysis can even the ground for a better understanding of ethical problems associated with intersections of medical and commercial communication and point to perspectives of analysis of DTC GT advertising. (shrink)

La mal llamada “Conquista del Desierto” constituyó una serie de campañas militares ocurridas en el actual territorio patagónico argentino entre los años 1878 y 1885 cuyo resultado fue el asesinato, la violación y sometimiento a la esclavitud de diversos pueblos y comunidades indígenas. Este no fue un caso aislado, sino que se suma a una serie de ataques sistemáticos que han sufrido los indígenas en la Argentina. En los últimos años, a raíz del reclamo y las luchas de los pueblos (...) y comunidades indígenas, así como también de las organizaciones de derechos humanos, se han comenzado a juzgar algunos de estos hechos. En particular, la Masacre de Napalpí (1924) y la Masacre de La Bomba (1947) fueron los primeros que lograron respuestas judiciales favorables. En ambos se determinó que el accionar estatal era constitutivo de un genocidio y, por lo tanto, se debía resarcir a las comunidades actuales. Ahora bien, la Campaña del Desierto, al día de hoy, no tiene respuesta por parte del Estado. Teniendo presente este panorama, nuestro objetivo en este trabajo es reconstruir los diferentes problemas que enfrenta la posibilidad del reclamo judicial. Para ello, comenzaremos describiendo en qué consistió la Campaña del Desierto. Luego, explicaremos la noción de genocidio aplicado a hechos de injusticias históricas. Como tercer paso, reconstruiremos los casos jurisprudenciales que se han preocupado por genocidios indígenas ocurridos en el pasado. Con este panorama revelado, nos enfocaremos en los diferentes problemas jurídicos y políticos que surgen en los reclamos de justicia. (shrink)