According to Manuel Davenport, “The best humorists--Mark Twain, Will Rogers, Bob Hope, and Mort Sahl--share [a] mixture of detachment and desire, eagerness to believe, and irreverence concerning the possibility of certainty. And when they become serious about their convictions--as Twain did about colonialism…they cease to be humorous” (p. 171). I agree with the first part, but not the second. Humor does require disengagement, but not completely such that one has no emotional interest in the subject of the humor. Humor (...) does require some degree of commitment to value, but, as Davenport rightly notes, it “despairs of absolutes.” Following Bertrand Russell, “humorous” and “serious” are not antonyms. Davenport does not provide examples of Twain’s attempts at satire that fail to be humorous due to being serious. I will examine some of the very serious issues Twain addresses through irony and humor, and make the case that his commentary and argument, though serious, is still funny while not falling into frivolity. There is a philosophical thread running through his scathing humor, and it largely centers around his raising awareness about, and then deflating, what I would call a “spirit of seriousness”, borrowing from Jean-Paul Sartre and Simone De Beauvoir. For De Beauvoir, expanding on Sartre’s conception, a spirit of seriousness manifests from serious people who attempt to find comfort in the firm, unchanging foundations and values that are seen to be pre-determined, and thus unquestionable. In Twain’s case, it is arrogance and a presumed sense of certitude. This destructive combination sustains many of the institutions (some of them quite “peculiar”) that he attacks: racism, slavery, colonialism, excesses of capitalism, and the often dogmatic and oppressive nature of organized religion: “What gets us into trouble is not what we don’t know; it’s what we know for sure that just ain’t so.” Complacency, self-satisfaction, disinclination to self-monitoring, all lead to closed mode, or rather, to sustaining a serious mode which can spillover into a “spirit of seriousness” if not checked. The quickest path to a feeling of being certain is cultivated ignorance, where doubt and confusion, ambiguity and fluidity are glossed over. This feeling or attitude, the “spirit of seriousness”, is what Twain confronts with serious humor, motivating his readers to consider where their ideals and reality contradict. (shrink)
Communism is not a reaction against the failure of the nineteenth century to organize optimal economic output. It is a reaction against its comparative success. It is a protest against the emptiness of economic welfare, an appeal to the ascetic in us all... The idealistic youth play with Communism because it is the only spiritual appeal which feels to them contemporary.
Citizen event reporting (CER) attempts to leverage the eyes and ears of a large population of citizen sensors to increase the amount of information available to decision makers. When deployed in an environment that includes hostile elements, foes can exploit the system to exert indirect control over the response infrastructure. We use an agent-based model to relate the utility of responses to population composition, citizen behavior, and decision strategy, and measure the result in terms of a force multiplier. We show (...) that CER can lead to positive force multipliers even with a majority of hostile elements in the population. When reporter identity is known, a reputation system that keeps track of trustworthy reporters can further increase the force multipliers. (shrink)
Matthew Kramer has recently defended a novel justification for the death penalty, something he calls the purgative rationale. According to this rationale, the death penalty can be justifiably implemented if it is necessary in order to purge defilingly evil offenders from a moral community. Kramer claims that this rationale overcomes the problems associated with traditional rationales for the death penalty. Although Kramer is to be commended for carving out a novel niche in a well-worn dialectical space, I (...) argue that his rationale falls somewhat short of the mark. By his own lights, a successful justification of the death penalty must show that death is the minimally invasive, most humane means to some legitimate moral end. But even if we grant that his rationale picks out a legitimate moral end, there are at least three alternatives to death, either ignored or not fully considered by Kramer, which would seem to satisfy that end in a less invasive, more humane manner. (shrink)
Despite the urgency of this issue, AI still struggles to represent social life. This article presents a comprehensive agent-based model that investigates status-power dynamics in groups. Kemper’s sociological status–power theory of social relationships, and a literature review on school children in middle youth, is its basis. The model allows us to investigate causation of the near-ubiquitous phenomenon that females have lower social status on average than males. Possible causes included in the model are children’s dispositional traits, schoolyard culture, behavioural strategy (...) and the balance between public and dyadic sources of status. An agent-based model of a virtual schoolyard was created in which the children assemble in changing groups and mutually confer status. The status conferred upon a child modifies the status it holds. Rough-and-tumble is modelled as ambiguous: it is intended as a status conferral, but may be perceived as a power move. Running many trials of the model we found that in time, depending on the parameter settings, a gender-based status gap emerged. Rough-and-tumble play had more impact on emergent status differences than did physical power differences. Social acceptability of fighting also strongly moderated the resulting status gap. Placing more weight on dyadic relationship could alleviate status loss. All these model behaviours are in line with empirical findings of child behaviour studies at schools. They have face validity for social status issues in the adult world. We conclude from this that this kind of agent-based model merits use in studying the status–power dynamics of other issues in child behaviour, or indeed in social behaviour in general. (shrink)
During the past several decades, political philosophers have frequently clashed with one another over the question whether governments are morally required to remain neutral among reasonable conceptions of excellence and human flourishing. Whereas the numerous followers of John Rawls have maintained that a requirement of neutrality is indeed incumbent on every system of governance, other philosophers -- often designated as 'perfectionists' -- have argued against the existence of such a requirement. Liberalism with Excellence enters these debates not by plighting itself (...) unequivocally to one side or the other, but instead by reconceiving each of the sides and thus by redirecting the debates that have occurred between them. On the one hand, the book rejects the requirement of neutrality by contending that certain subsidies for the promotion of excellence in sundry areas of human endeavour can be proper and vital uses of resources by governments. Advocating such departures from the constraint of neutrality, the book presents a version of liberalism that can rightly be classified as 'perfectionist'. On the other hand, the species of perfectionism espoused in Liberalism with Excellence diverges markedly from the theories that have usually been so classified. Indeed, much of the book assails various aspects of those theories. What is more, the aspirational perfectionism elaborated in the closing chapters of the volume is reconcilable in most key respects with a suitably amplified version of Rawlsianism. Hence, by reconceiving both the perfectionist side and the neutralist side of the prevailing disputation, Liberalism with Excellence combines and transforms their respective insights. (shrink)
We define a notion of difference-making for partial grounds of a fact in rough analogy to existing notions of difference-making for causes of an event. Using orthodox assumptions about ground, we show that it induces a non-trivial division with examples of partial grounds on both sides. We then demonstrate the theoretical fruitfulness of the notion by applying it to the analysis of a certain kind of putative counter-example to the transitivity of ground recently described by Jonathan Schaffer. First, we show (...) that our conceptual apparatus of difference-making enables us to give a much clearer description than Schaffer does of what makes the relevant instances of transitivity appear problematic. Second, we suggest that difference-making is best seen as a mark of good grounding-based explanations rather than a necessary condition on grounding, and argue that this enables us to deal with the counter-example in a satisfactory way. Along the way, we show that Schaffer's own proposal for salvaging a form of transitivity by moving to a contrastive conception of ground is unsuccessful. We conclude by sketching some natural strategies for extending our proposal to a more comprehensive account of grounding-based explanations. (shrink)
Machine generated contents note: List of figures; List of tables; Editors; Contributors; Editors' acknowledgements; Part I. The Conceptual Challenge of Researching Trust Across Different 'Cultural Spheres': 1. Introduction: unraveling the complexities of trust and culture Graham Dietz, Nicole Gillespie and Georgia Chao; 2. Trust differences across national-societal cultures: much to do or much ado about nothing? Donald L. Ferrin and Nicole Gillespie; 3. Towards a context-sensitive approach to researching trust in inter-organizational relationships Reinhard Bachmann; 4. Making sense of trust across (...) cultural contexts Alex Wright and Ina Ehnert; Part II. Trust Across Different 'Cultural Spheres': Inter-Organizational Studies: 5. Examining the relationship between trust and culture in the consultant-client relationship Stephanos Avakian, Timothy Clark and Joanne Roberts; 6. Checking, not trusting: trust, distrust and cultural experience in the auditing profession Mark R. Dibben and Jacob M. Rose; 7. Trust barriers in cross-cultural negotiations: a social psychological analysis Roderick M. Kramer; 8. Trust development in German-Ukrainian business relationships: dealing with cultural differences in an uncertain institutional context Guido Möllering and Florian Stache; 9. Culture and trust in contractual relationships: a French-Lebanese cooperation Hèla Yousfi; 10. Evolving institutions of trust: personalized and institutional bases of trust in Nigerian and Ghanaian food trading Fergus Lyon and Gina Porter; Part III. Trust Across Different 'Cultural Spheres': Intra-Organizational Studies: 11. The role of trust in international cooperation in crisis areas: a comparison of German and US-American NGO partnership strategies L. Ripley Smith and Ulrike Schwegler; 12. Antecedents of supervisor trust in collectivist cultures: evidence from Turkey and China S. Arzu Wasti and Hwee Hoon Tan; 13. Trust in turbulent times: organizational change and the consequences for intra-organizational trust Veronica Hope-Hailey, Elaine Farndale and Clare Kelliher; 14. The implications of language boundaries on the development of trust in international management teams Jane Kassis Henderson; 15. The dynamics of trust across cultures in family firms Isabelle Mari; Part IV. Conclusions and Ways Forward: 16. Conclusions and ways forward Mark N. K. Saunders, Denise Skinner and Roy J. Lewicki; Index. (shrink)
Preview: 2020, the year the coronavirus pandemic spread globally, marked the twenty-fifth year since the publication of Pierre Hadot’s work Philosophy as a Way of Life. In that time, what began as the research specialization of just a few scholars has become a growing area of philosophical and metaphilosophical inquiry, bringing together researchers from around the globe. Hadot’s key ideas of spiritual exercises, and the very idea of PWL, have been applied to a host of individual thinkers from across the (...) history of philosophy: from the Hellenistic and Roman-era philosophers of direct concern to Hadot, through renaissance thinkers like Petrarch, Lipsius, Montaigne, Descartes, or Bacon, into nineteenth-century thinkers led by Schopenhauer, Kierkegaard, and Nietzsche.In more recent years, more global reflections on the “very idea” of PWL have begun to emerge, as well as dedicated journal editions. In these more recent PWL studies, some of the manifold research questions have begun to be explored, which were opened up by the studies of Pierre and Ilsetraut Hadot, as well as its reception in Michel Foucault’s later work. What implications, after all, does understanding the history of PWL, and the predominance of this metaphilosophical conception in the history of Western thought, have for how we understand the practice of philosophy today? Does recovering the alternative understandings of philosophy as a practice in history necessarily lead to a criticism of contemporary, solely academic or theoretical modes of philosophizing, or is the idea of PWL one which has only historiographical force? (shrink)
This article critically examines Porter and Kramer’s shared value concept to identify its boundaries and limits as a framework for understanding the role of philanthropy and CSR relative to the role of business in society. Cases of implementation and alternative perspectives on innovation reveal that, despite its appeal and uptake in corporate and philanthropic circles, shared value merely advances the conventional rhetoric that what is good for business is good for society. The shared value approach narrows what counts as (...) social value and avoids the friction between business and society. The consequence is that the approach is problematic as a framework for addressing sustainability and development, and an insufficient basis for decision-making about philanthropy and CSR. (shrink)
One of the most common ways of morphological marking is affixation, morphemes are classified according to their position. In languages with affixal morphology, suffixes and prefixes are the most common types of affixes. Despite several proposals, it has been impossible to identify solid generalisations about the behaviour of prefixes, in opposition to suffixes. This article argues that the reason is that our traditional definitions of suffix and prefix are based on pre-theoretical, surface criteria that have been given up in other (...) areas of linguistics: defining a morpheme as a prefix does not tell us anything about its grammatical nature, as that label does not take into consideration the structural configuration underlying the morpheme. Once the structural configuration is taken into account, solid generalisations begin to emerge. The article illustrates the advantages of this approach through a study of the interaction between vowel harmony and affixes. (shrink)
This book is the product of a major British Academy Symposium held in 2007 to mark the centenary of the birth of H.L.A. Hart, the most important legal philosopher and one of the most important political philosophers of the twentieth century. -/- The book brings together contributions from seventeen of the world's foremost legal and political philosophers who explore the many subjects in which Hart produced influential work. Each essay engages in an original analysis of philosophical problems that were (...) tackled by Hart, some essays including extended critical discussions of his major works: The Concept of Law, Punishment and Responsibility, Causation in the Law and Law, Liberty and Morality. All the main topics of Hart's philosophical writings are featured: general jurisprudence and legal positivism; criminal responsibility and punishment; theories of rights; toleration and liberty; theories of justice; and causation in the law. (shrink)
Notable in cross-cultural comparisons is the variable span of time between when children become economically self-sufficient and when they initiate their own reproductive careers. That variation is of interest because it shapes the age range of children reliant on others for support and the age range of children available to help out, which in turn affects the competing demands on parents to support multiple dependents of different ages. The age at positive net production is used as a proxy to estimate (...) the close of juvenile economic dependence among a group of Maya subsistence agriculturalists. Maya children produce more than they consume by their early to mid teens but remain in their natal households for a number of years before leaving home and beginning families of their own. The Maya results contrast markedly with those from several groups of hunter-gatherers and horticulturalists for whom we have similar data. Even in the Maya case, where children are self-sufficient at a relatively young age, parents are unable to support their children without help from others. The production surplus of older children appears to help underwrite the cost of large Maya families and subsidize their parents’ continued reproduction. (shrink)
In Liberalism with Excellence, Matthew Kramer makes an argument for how excellence may enter in into liberalism, despite liberalism’s strong commitment to neutrality. Kramer seeks to challenge not only the uncompromising rejection of this position by liberals such a Jonathan Quong, but also the so-called “blended” approach of “soft-perfectionist” scholars such as Joseph Raz and George Sher. In this essay, I do not so much challenge Kramer’s approach as offer an alternative for accomplishing the same thing. Under (...) my proposal, certain forms of excellence and neutrality can both be accommodated as long as state support for the form of excellence at issue is proportional to the support for such a form of excellence within the relevant polity, competing forms of excellence are non-rivalrous, and no one is forced to embrace a form of excellence with which they disagree. My proposal is therefore not what Ronald Dworkin derogatively characterized as “a checkerboard solution.” Rather than allowing the state to support contrary moral positions at one and the same time, it is a solution that takes morally compatible but nevertheless competing conceptions of excellence seriously, and exhibits neutrality by giving them proportional rather than full support. This neither forces anyone to pursue the particular forms of excellence the state supports nor prevents them from pursuing some other form of excellence entirely or, if they wish, no form of excellence at all. (shrink)
Ronald Dworkin has long criticized legal positivists for their efforts to distinguish between legal and non-legal standards of conduct that are incumbent on people. Recently, Dworkin has broached this criticism in his hostile account of the debates between Incorporationist Legal Positivists and Exclusive Legal Positivists. Specifically, he has maintained that Incorporationists cannot avoid the unpalatable conclusion that the axioms and theorems of arithmetic are legal norms. This article shows why such a conclusion is indeed avoidable and why Dworkin's criticism is (...) therefore wide of the mark. (shrink)
In the mid 1970s labor-saving technology was introduced into a Maya subsistence agricultural community that markedly increased the efficiency with which maize could be ground and water collected. This increased efficiency introduces a possible savings in the time that women allocate to work, which can be reapportioned to child care, food production, domestic work, or leisure. An earlier study suggested that this labor-saving technology had a positive effect in decreasing the age at which these Maya women begin their reproductive careers. (...) Although there is a statistical association between the age at which women bear their first child and the introduction of modern technology, this association does not demonstrate that the decline in age at first birth is causally related to the presence of technology. This paper pursues two objectives to evaluate this potential causal relationship in greater detail. First, a theory relating technological change to the initiation of a reproductive career is briefly developed in order to make qualitative predictions about behavioral changes as a response to changing technology. Second, these predictions are then tested against time allocation data recently collected in this same Maya community.We suggest that both of the conditions necessary to initiate reproduction—fecundity and access to mates—fundamentally depend on the amount of help that a girl provides to her family. Further, the help that a girl provides can be affected by technological changes. Analyses show that when modern technology is available, unmarried young women do not change the time allocated to domestic tasks and child care, and allocate more time to low-energy leisure activities. This lack of perceived benefit to working more and a potential concomitant shift towards a positive energy balance may in part explain why Maya women leave home and initiate reproduction at a younger age after labor-saving technology is introduced. (shrink)
This original collection of jurisprudential essays furthers our understanding of the nature of rights. In Part 1, Halpin considers the value of Hohfeldian neutrality when theorising about law in general, and legal rights in particular, and Kurki focuses on Hohfeld's operative notion of power. In Part 2, Kramer rebuts Wenar's objections to his Interest Theory of rights, and May provides a comparative defence of the Interest Theory against Wenar's Kind-Desire theory of claim-rights. Penner then pursues legal doctrine, focusing on (...) whether judges hold the powers of their office as rights, an issue over which Wenar and Kramer have clashed. Sreenivasan, utilising a novel test case involving pure public goods, argues that the third party beneficiary objection to the Interest Theory is fatal. McBride builds on Sreenivasan's Hybrid Theory of claim-rights to construct his new Tracking Theory of rights. Cruft then argues that the best extant versions of the Interest and Will Theories of rights cannot avoid a form of circularity, and Van Duffel argues that meeting four adequacy constraints, which he proposes, counts in favour of any theory of rights. In Part 3, Andersson proposes a tie breaking procedure for rights conflicts in the applied realm of politics, and Steiner concludes by alleging that Kant's principle of right, a standard of corrective justice, has distributive implications. 'A fine collection of cutting-edge essays on the most important normative concept of modernity.' Professor Leif Wenar, King's College London 'This important collection proceeds much beyond the famous 1998 A Debate Over Rights which sets the stage for the debates concerning rights since then. It explores three aspects of rights. First it re-examines the Hohfeldian classification and highlights its importance and relevance. Second it investigates and develops the debates between the interest and the will theory. It includes essays by the main established proponents of these two positions as well as essays by newcomers to this field. The different essays in this part address each other in ways which sharpen and clarify the disagreements and provide new original arguments for the contending views. Last, it provides a new perspective on the debates concerning conflicts of rights and the ways to overcome them. This collection will no doubt dominate the future conceptual discussions concerning the nature of rights and their role in political theory.' Professor Alon Harel, The Hebrew University of Jerusalem. (shrink)
Moral error theory is the doctrine that our first-order moral commitments are pervaded by systematic error. It has been objected that this makes the error theory itself a position in first-order moral theory that should be judged by the standards of competing first-order moral theories :87–139, 1996) and Kramer. Kramer: “the objectivity of ethics is itself an ethical matter that rests primarily on ethical considerations. It is not something that can adequately be contested or confirmed through non-ethical reasoning” (...) [2009, 1]). This paper shows that error theorists can resist this charge if they adopt a particular understanding of the presuppositions of moral discourse. (shrink)
This article examines the concept of creating shared value as articulated by Michael Porter and MarkKramer, in non-Western and Western contexts. We define non-Western contexts as those in so-called “developing” countries and emerging economies, whereas Western ones pertain to dominant thinking in “developed” regions. We frame our research in postcolonial theory and offer an overview of existing critiques of CSV. We conduct a critical discourse analysis of 66 articles to identify how CSV is being cited by authors, (...) and potential underlying power dynamics that affect its relevance for non-Western contexts. Our review exposes increasingly critical views about the paradoxical positioning of CSV as an instrumental concept that can offer “win-win” solutions, particularly from those working in non-Western settings. Western perspectives generally tend to be more supportive of its instrumental nature, but also recognize the increasing complexity of the business-society nexus and stakeholder engagement. We argue that the CSV framework requires further development to maintain credibility and applicability, especially in non-Western domains. (shrink)
In the December 2006 edition of Harvard Business Review , Michael Porter and MarkKramer argue that by approaching corporate social responsibility (CSR) based on corporate priorities, strengths and abilities, firms can develop socially and fiscally responsible solutions to current CSR issues, which will provide operational and competitive advantages. We agree that an effective approach to CSR includes a mapping of strategy, risk and opportunity. However, we also caution that the identification of these to the exclusion of societal (...) input may not be to the corporation's advantage. Instead, an investment in both strategic analysis and social capital can pay off from a social and an organizational standpoint. Compared with their larger counterparts, small- and medium-sized enterprises (SMEs) frequently have stronger relationships with their internal and external stakeholders that foster the development of social capital. As such, we believe that the sector offers a unique opportunity to identify additional models and frameworks in order to approach a strategic CSR model as espoused by Porter and Kramer. This paper explores a case study of one Canadian SME that uses a community development framework called Asset Based Community Development (ABCD) for its CSR programming. Because ABCD relies heavily on the development and maintenance of social capital and can be utilized to attain set objectives, we propose that it provides a supplementary framework through which the arguments of Porter and Kramer can be expanded. In applying the ABCD framework for CSR, we can begin to establish a programme that supports strategy, integrates employees and stakeholders towards a common vision, and creates unique and sustainable alternatives towards the resolution of social and corporate goals. (shrink)
This article discusses Michael Porter’s paradigm of creating shared value based on the criticism of corporate social responsibility by Milton Friedman in the perspective of contemporary debates on legitimacy and good corporate citizenship. This is a development of the argument presented by Jacob Dahl Rendtorff concerning the liberal property rights paradigm of business ethics in his book Responsibility, Ethics and Legitimacy of Corporations. This article discusses the work that Michael Porter has developed together with MarkKramer, which can (...) be presented as a strategic approach to business ethics and corporate social responsibility. This work began with Porter’s concept of Strategic Philanthropy Harvard business review on corporate social responsibility, Harvard University Press, Cambridge, MA, 2003) which became Strategic Corporate Social Responsibility :78–92, 2006) and gradually developed into the concept of Creating Shared Value :62–77, 2011). We see how Michael Porter integrates the critical perspective on CSR from Friedman in a strategic concept of philanthropy, corporate social responsibility and creating shared value. Accordingly, the concept of creating shared value should be considered as a development of the ideas of strategic philanthropy and corporate social responsibility in the perspective of capitalism and freedom. At the same time, however, the concept of creating shared value is broader and more oriented towards society and towards the idea of profit-based CSR since it integrates the values of society and business in corporate legitimacy. (shrink)
A collection of 37 essays surveying the state of the art on metaphysical ground. -/- Essay authors are: Fatema Amijee, Ricki Bliss, Amanda Bryant, Margaret Cameron, Phil Corkum, Fabrice Correia, Louis deRosset, Scott Dixon, Tom Donaldson, Nina Emery, Kit Fine, Martin Glazier, Kathrin Koslicki, David Mark Kovacs, Stephan Krämer, Stephanie Leary, Stephan Leuenberger, Jon Litland, Marko Malink, Michaela McSweeney, Kevin Mulligan, Alyssa Ney, Asya Passinsky, Francesca Poggiolesi, Kevin Richardson, Stefan Roski, Noel Saenz, Benjamin Schnieder, Erica Shumener, Alexander Skiles, Olla (...) Solomyak, Tuomas Tahko, Naomi Thompson, Kelly Trogdon, Jennifer Wang, Tobias Wilsch, and Justin Zylstra. (shrink)
The law within each legal system is a function of the practices of some social group. In short, law is a kind of socially grounded norm. H.L.A Hart famously developed this view in his book, The Concept of Law, by arguing that law derives from a social rule, the so-called “rule of recognition.” But the proposition that social facts play a foundational role in producing law is a point of consensus for all modern jurisprudents in the Anglo-American tradition: not just (...) Hart and his followers in the positivist school, most prominently Joseph Raz and Jules Coleman, but also the anti-positivist Ronald Dworkin, who argues that law necessarily synthesizes moral considerations with social facts. But which group’s practices ground each legal system? In particular, which group’s practices undergird U.S. law? Positivists since Hart have universally pointed to either officials or judges as the “recognitional community” (my term): the group such that its rules, conventions, cooperative activities, or practices in some other sense are the social facts from which the law of a given legal system derives. So Hart and all other positivists would identify either U.S. officials or U.S. judges as the recognitional community for U.S. law. This Article grapples with the tension between the positivist’s official- or judge-centered account of the recognitional community and the “popular constitutionalism” now so widely defended by constitutional scholars such as Larry Kramer, Robert Post, Reva Siegel, Mark Tushnet, Jeremy Waldron, and many others. Surely the popular constitutionalist would want to claim that U.S. citizens, not judges or officials, are the recognitional community for U.S. law. I term this position “deep popular constitutionalism.” Indeed, it turns out that Dworkin’s account of law, in its ambition to generate associative moral obligations for the citizenry as a whole, implies deep popular constitutionalism. Here there is a disagreement, hitherto unnoticed, between Dworkin and the positivists. My solution to this disagreement – to the debate between deep popular constitutionalists and deep official or judicial supremacists -- is to dissolve it by providing a group-relative account of law. Social norms, such as norms of dress or eating, are clearly group-relative. A particular dressing or eating behavior may be socially appropriate relative to one group’s norms, yet socially inappropriate relative to another’s. This Article extends the group-relative view from social norms to law itself, with a particular focus on U.S. law and constitutionalism. Part I surveys the jurisprudential literature. It shows how Hart and successor positivists identify the rule of recognition as a social practice engaged in by officials or some subset of officials (judges), rather than citizens generally, and argues that Dworkin by contrast sees the citizenry as a whole as his recognitional community. Parts II and III defend a group-relative account of law. Part II argues, with reference to the U.S. experience, that multiple groups can simultaneously instantiate the kind of social fact that undergirds law, be it a convention, a social norm, a “shared cooperative activity” (SCA), or something else. At many points in U.S. constitutional history, multiple official or citizen groups, defined along departmental, partisan, regional, state-federal, religious, or other lines, have accepted competing rules of recognition for U.S. law. Part III argues that “law” functions, primarily, as either an explanatory or a normative construct, and that insisting on a single recognitional community for each legal system would be arbitrary, both for explanatory purposes and for normative purposes. Part IV considers the many implications of the group-relative account for U.S. constitutional theory – in particular, for popular constitutionalism. (shrink)
This paper examines how it is possible for firms in controversial sectors, which are often marked by social taboos and moral debates, to act in socially responsible ways, and whether a firm can be socially responsible if it produces products harmful to society or individuals. It contends that a utilitarian justification can be used to support the legal and regulated provision of goods and services in these areas, and the regulated and legal provision of these areas produces less harm than (...) the real alternative—illegal and unregulated supply. Utilitarianism is concerned as much with harm minimisation as good maximisation, and both are equally important when it comes to maximising welfare (Bentham 1789, 1970; Mill [1863] 1964). Any adequate theory of CSR must, therefore, have the capacity to handle a business that minimises harm as well as those that more straightforwardly maximise good. In this paper we therefore attempt two tasks. First, we argue that the legal but regulated provision of products and services may be better from an overall utilitarian perspective than a situation in which these harmful or immoral goods and services are illegal but procurable via a black market. Porter and Kramer’s (2006) strategic CSR framework is then presented to describe how firms in these controversial sectors can act in socially responsible ways. This model highlights the importance of firm strategy in selecting areas of socially responsible behaviours that can be acted upon by firms in each industry. (shrink)
According to the thesis of the extended mind (EM) , at least some token cognitive processes extend into the cognizing subject's environment in the sense that they are (partly) composed of manipulative, exploitative, and transformative operations performed by that subject on suitable environmental structures. EM has attracted four ostensibly distinct types of objection. This paper has two goals. First, it argues that these objections all reduce to one basic sort: all the objections can be resolved by the provision of an (...) adequate and properly motivated criterion—or mark—of the cognitive. Second, it provides such a criterion—one made up of four conditions that are sufficient for a process to count as cognitive. (shrink)
Like much in this book, the title and dust jacket illustration are clever. The first evokes Hume's remark in the Treatise that ‘Reason is, and ought only to be the slave of the passions.’ The second, which represents a cross between a dance-step and a clinch, links up with the title and anticipates an example used throughout the book to support its central claims: that Ronnie, unlike Bradley, has a reason to go to a party – namely, that there will (...) be dancing at the party – because Ronnie, unlike Bradley, loves dancing. So, the explanation of why Ronnie's and Bradley's reasons differ lies in their respective psychologies.Schroeder argues for a version of the Humean Theory of Reasons he calls Hypotheticalism, which says that every reason is explained by a desire in the same way as Ronnie's is. Schroeder argues that on almost every count, Hypotheticalism is as good as, or preferable to, the Humean and non-Humean alternatives; and he defends it against an array of objections. For example, he explains that while Hypotheticalism claims that ‘desires have to serve in the explanation of every reason because desires are part of the correct analysis of reasons’, it does not claim that a desire that explains a reason is part of that reason: rather it is a background condition for it. This, Schroeder argues, allows him to rebut a variety of objections that depend on conflating reasons with their background conditions. Other …. (shrink)
