Although corruption is ubiquitous, attitudes toward it differ among countries. Until the 1997 OECD Convention, the U.S. had been one of the only two countries with an explicit extraterritorial anti-bribery law, the Foreign Corrupt Practices Act (FCPA) of 1977. The FCPA employs a two-pronged approach to control the supply side of corruption: (1) anti-bribery provisions; and (2) accounting (books and record and internal controls) provisions. I offer evidence, albeit indirect, to show that the FCPA had limited success. The (...) OECD Convention adopts the same two-pronged approach, but, since it is a multilateral treaty, is likely to be more successful provided that enforcement is vigorous enough. The signatory nations effectively form a cartel to reduce the cost of doing business. As with any cartel, however, each multinational corporation has an incentive to deviate. Thus, the mutual enforcement of the agreement is crucial for its success. However, the two-pronged approach is not sufficient, since internal control does not adequately monitor decisions made at the top level. I argue that the two lessons drawn from the U.S. experience are: (1) law enforcement must be credible; and (2) internal controls alone are not sufficient. Stronger and more effective corporate governance within an appropriate regulatory framework is needed to ensure that multinational corporations conduct their business in an ethical manner. (shrink)

This article discusses the effects of the OECD Convention on Combating the Bribery of Foreign Public Officials, which was signed in 1997 and is due to be implemented by the signatory nation‐states this year. The Convention represents the expansion of legal measures to combat the bribery of foreign public officials by individuals or corporations, and it has been accompanied by the Organisation of American States’ Convention Against Corruption. Previously the Foreign Corrupt Practices Act (FCPA), which applied (...) only to United States individuals or corporations, ‘stood alone in the world as a legal barrier to transnational bribery’ (Low, Bjorklund and Atkinson 1998:245). This article proceeds in stages to evaluate implications of the Convention. Firstly the Convention is placed in the context of the increased focus on transnational business bribery in recent years. Second, the main points of the Convention are outlined. Third, the issues and problems posed by the Convention for business are discussed. Finally some themes regarding enforcement by the relevant authorities are outlined. (shrink)

This article discusses the effects of the OECD Convention on Combating the Bribery of Foreign Public Officials, which was signed in 1997 and is due to be implemented by the signatory nation‐states this year. The Convention represents the expansion of legal measures to combat the bribery of foreign public officials by individuals or corporations, and it has been accompanied by the Organisation of American States’ Convention Against Corruption. Previously the Foreign Corrupt Practices Act , which applied (...) only to United States individuals or corporations, ‘stood alone in the world as a legal barrier to transnational bribery’ . This article proceeds in stages to evaluate implications of the Convention. Firstly the Convention is placed in the context of the increased focus on transnational business bribery in recent years. Second, the main points of the Convention are outlined. Third, the issues and problems posed by the Convention for business are discussed. Finally some themes regarding enforcement by the relevant authorities are outlined. (shrink)

The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (the OECD Convention) obligates signatory nations to make bribery of foreign public officials a criminal act on an extraterritorial basis. The purposes of this article are to describe the nature and consequences of bribery, outline the major provisions of the OECD Convention, and analyze its role in promoting transparency and accountability in international business. While the OECD Convention is (...) not expected to totally eliminate the seeking or taking of bribes, there are hopes that a uniform set of rules will curtail corrupt behavior, as long as those rules are both enforceable and enforced. (shrink)

The article “Outline of article 5 of the OECD model Convention” is written on a relevant topic, which is important because the object of analysis has many meanings. The author analyzes the concept of permanent establishment, provided for in Article 5 of the Organization for Economic Co-operation and Development Model Convention with respect to taxes on income and on capital. The main goal of the article is to discuss the institute of permanent establishment and to help understand (...) it better. The author does not seek to provide a thorough analysis of the content of Article 5, but rather, to concentrate on its main aspects. Even though the study of permanent establishment, provided in this article, related only to the context of the Convention, it can also be useful while analysing the concept of permanent establishment under the US Model Income Tax Convention and the 2001 UN Model Convention. (shrink)

Although Belgian diplomats analysed the nazi-regime from the very first moment as intrinsically crimina!, inhuman, dictatorial and revenge seeking, they showed the nazis in 1934-1935 that dialogue was possible. The nazi-diplomacy, with secrecy as a keystone, permitted some of the most important Belgian politicians and businessmen to meet the.nazi-leaders without being disapproved by public opinion or even parliament. This resulted in a «practical» way to improve political and above all economical relations between Belgium and nazi-Germany. It can be seen as (...) a Belgian answer to the inability of France and Great Britain to force the Third Reich to respect the international security treaties which were to guarantee the sovereignty of Belgium. (shrink)

Conventional wisdom among comparative political economists maintains that the participation of employers in policymaking and policy implementation, fostered by corporatist arrangements, is crucial to the successful expansion of active labor market policy. This article introduces a transaction-oriented theory of corporatism, partisanship, and ALMP that challenges the dominant view. It argues that corporatist arrangements do not affect the overall scope of ALMP but facilitate particular types of ALMP programs, ones that require the joint participation of employers and the state and involve (...) a transfer of public resources to employers. Corporatist arrangements facilitating such programs—which center-right parties tend to prefer over those produced unilaterally by the state—also shift the focus of partisan conflict over ALMP from the level of public expenditure to the structure. Evidence for these claims is provided by time-series cross-sectional analyses of twenty-one OECD countries since the mid-1980s. (shrink)

Globalization leads to cross-border business transactions between societies with very different norms and regulations regarding bribery. Bribery in international business transactions can be seen as a function of not only the demand for such bribes in different countries, but the supply, or willingness to provide bribes by multinational firms and their representatives. This study addresses the propensity of firms from 30 different countries to engage in international bribery. The study incorporates both domestic (economic development, culture, and domestic corruption in the (...) supplying country) and international factors (those countries’ patterns of trade and involvement in international accords) in explaining the willingness to bribe abroad. The propensity to provide bribes was the lowest when corruption was not tolerated in the multinational firms’ home countries, when the firms’ countries were signatories of the Organization for Economic Cooperation and Development (OECD) anti-bribery convention, and when those countries traded heavily with wealthier nations. Further, these findings are maintained when controlling for levels of economic development and cultural values in the supplying country. In terms of culture, firms from high power distance countries showed a somewhat greater propensity for providing bribes in transactions with less-developed nations. (shrink)

This paper analyzes the likelihood that recent conventions against corruption signed by the OECD and the OAS will be effective in Latin America. It begins by looking at the cultural context of corruption in Latin America and examines efforts by Latin American signatories to implement both agreements. It then evaluates the extent to which these efforts will prove successful. It concludes with suggestions for the development of culturally sensitive policies that will be effective in the fight against corruption in (...) Latin America. (shrink)

Over the past decade, we have witnessed some early signs of progress in the battle against international bribery and corruption, a problem that throughout the history of commerce had previously been ignored. We present a model that we then use to assess progress in reducing bribery. The model components include both hard law and soft law legislation components and enforcement and compliance components. We begin by summarizing the literature that convincingly argues that bribery is an immoral and unethical practice and (...) that the economic harm it causes falls most heavily on those least able to absorb it. The next section summarizes the main provisions of anti-bribery legislation including the Foreign Corrupt Practices Act (FCPA), the Organization for Eco nomic Development's Convention on Combating Bribery of Foreign Officials in International Business Transactions, the United Nations Convention Against Corruption and the laws of selected countries. We conclude this section with a discussion of the "moral imperialism" argument for not imposing Western laws and values on other cultures. The next section focuses on the roles played by NGOs including Transparency International (TI), the World Economic Forum (WEF), and the International Chamber of Commerce. We review trends in enforcement and prosecution, including a review of the United States' enforcement processes, mechanisms for cross-border legal assistance, a discussion of the distinctive nature of FCPA cases, and an assessment of what the future holds for enforcement. The final section focuses on compliance processes for corporations aimed at reducing the risk of FCPA and related violations. This section also addresses the ethics of gift giving and "grease" payments. The article concludes with a summary and suggestions for further research. Throughout the article, we reference important bribery cases and include comments from several authorities who are on the front lines of the battle against international bribery. (shrink)

National membership in itself aggravates global inequality, and plural membership does all the more so. A key mechanism by which that occurs are double taxation agreements that have the effect of favoring the global rich at the expense of the global poor. One egalitarian solution is a levy on multiple citizenship; another is redesigning double taxation agreements along prioritarian lines. Revising the OECD Model Tax Convention could be a feasible strategy for implementing such reforms.

The OECD global governance of education has been gradually increasing. Its field of interest is currently expanding from educational evaluation through PISA to curriculum reform through the Education 2030 project. Here, it is interesting to note that the nature of the terms the OECD has been creating reveals a ‘humanistic turn’. This shows up well in the frequent occurrence of terms such as ‘well-being’, ‘attitudes and values’, ‘inclusiveness’, ‘responsibility’, and ‘sustainability’ in the ongoing Education 2030 project. Perhaps this (...) new humanistic discourse increases the likelihood of the smooth adoption of the OECD’s proposed curriculum redesign in more countries. If the OECD’s new discourse captures and transforms contemporary people's ways of thought and practice about education, then this is related to the problem of colonialism in our era. It is also worth noting that language plays a vital role in colonization. In particular, the need for translation between different languages serves as a useful means for colonization. Conversely, it is also seen as having a potential decolonizing power. In this context, I would like to examine the new language the OECD has adopted, specifically regarding student experience and the nature of knowing. Next, I shall attempt to criticize the underlying educational assumptions in the OECD’s pronouncements. Following this, I shall explore how the OECD’s new discourse has been translated in South Korea, taking this as an example of wider experience in the East Asian context and possibly elsewhere. Finally, I shall conclude by considering the direction of curriculum decolonization in terms of translation. (shrink)

In July 1976 the OECD adopted voluntary guidelines for multinational enterprises. These guidelines deal, among other things, with transfer pricing and other transactions between companies which belong to the same multinational enterprise. The purpose of the present article is to analyze the OECD Guidelines from the point of view of business ethics. It is shown that inherent in the guidelines is a conflict between different goals. In the latter part of the article it is shown how this conflict (...) could be solved. (shrink)

_ Convention_ was immediately recognized as a major contribution to the subject and its significance has remained undiminished since its first publication in 1969. Lewis analyzes social conventions as regularities in the resolution of recurring coordination problems-situations characterized by interdependent decision processes in which common interests are at stake. Conventions are contrasted with other kinds of regularity, and conventions governing systems of communication are given special attention.

This paper examines the interplay of semantics and pragmatics within the domain of film. Films are made up of individual shots strung together in sequences over time. Though each shot is disconnected from the next, combinations of shots still convey coherent stories that take place in continuous space and time. How is this possible? The semantic view of film holds that film coherence is achieved in part through a kind of film language, a set of conventions which govern the relationships (...) between shots. In this paper, we develop and defend a new version of the semantic view. We articulate it for a pair of conventions that govern spatial relations between viewpoints. One such rule is already well-known; sometimes called the "180° Rule," we term it the X-Constraint; to this we add a previously unrecorded rule, the T-Constraint. As we show, both have the effect, in different ways, of limiting the way that viewpoint can shift through space from shot to shot over the course of a film sequence. Such constraints, we contend, are analogous to relations of discourse coherence that are widely recognized in the linguistic domain. If film is to have a language, it is a language made up of rules like these. (shrink)

Do conventions need to be common knowledge in order to work? David Lewis builds this requirement into his definition of a convention. This paper explores the extent to which his approach finds support in the game theory literature. The knowledge formalism developed by Robert Aumann and others militates against Lewis’s approach, because it shows that it is almost impossible for something to become common knowledge in a large society. On the other hand, Ariel Rubinstein’s Email Game suggests that coordinated (...) action is no less hard for rational players without a common knowledge requirement. But an unnecessary simplifying assumption in the Email Game turns out to be doing all the work, and the current paper concludes that common knowledge is better excluded from a definition of the conventions that we use to regulate our daily lives. (shrink)

How do communities establish shared communication systems? The Common Knowledge view assumes that symbolic conventions develop through the accumulation of common knowledge regarding communication practices among the members of a community. In contrast with this view, it is proposed that coordinated communication emerges a by‐product of local interactions among dyads. A set of multi‐agent computer simulations show that a population of “egocentric” agents can establish and maintain symbolic conventions without common knowledge. In the simulations, convergence to a single conventional system (...) was most likely and most efficient when agents updated their behavior on the basis of local rather than global, system‐level information. The massive feedback and parallelism present in the simulations gave rise to phenomena that are often assumed to result from complex strategic processing on the part of individual agents. The implications of these findings for the development of theories of language use are discussed. (shrink)

The article analyses presuppositions in higher education policy documents of the OECD and the European Union from the point of view of their persuasiveness. Presuppositions set the assumed common ground, which in turn sets the frame of interpretation of texts. However, by presenting something as common ground, presuppositions also shape our views of the reality. Used in this way, presuppositions can be used to present contested views, which would be open to criticism if they were asserted explicitly. The analysis (...) does not evaluate the actual success of persuasion, but rather how policy documents are construed in a persuasive way. (shrink)

Truth by convention, once thought to be the foundation of a uniquely promising approach to explaining our access to the truth in nonempirical domains, is nowadays widely considered an absurdity. Its fall from grace has been due largely to the influence of an argument that can be sketched as follows: our linguistic conventions have the power to make it the case that a sentence expresses a particular proposition, but they can’t by themselves generate truth; whether a given proposition is (...) true—and so whether the sentence that expresses it is true—is a matter of what the world is like, which means it isn’t a matter of convention alone. The consensus is that this argument is decisive against truth by convention. Strikingly, though, it has rarely been formulated with much precision. Here I provide a new rendering of the argument, one that reveals its structure and makes transparent just what assumptions it requires, and then I assess conventionalists’ prospects for resisting each of those assumptions. I conclude that the consensus is mistaken: contrary to what is almost universally thought, there remains a promising way forward for the conventionalist project. Along the way, I clarify conventionalists’ commitments by thinking about what truth by convention would need to be like in order for conventionalism to do the epistemological work it’s intended to do. (shrink)

Conventional wisdom has it that truth is always evaluated using our actual linguistic conventions, even when considering counterfactual scenarios in which different conventions are adopted. This principle has been invoked in a number of philosophical arguments, including Kripke’s defense of the necessity of identity and Lewy’s objection to modal conventionalism. But it is false. It fails in the presence of what Einheuser (2006) calls c-monsters, or convention-shifting expressions (on analogy with Kaplan’s monsters, or context-shifting expressions). We show that c-monsters (...) naturally arise in contexts, such as metalinguistic negotiations, where speakers entertain alternative conventions. We develop an expressivist theory—inspired by Barker (2002) and MacFarlane (2016) on vague predications and Einheuser (2006) on counterconventionals—to model these shifts in convention. Using this framework, we reassess the philosophical arguments that invoked the conventional wisdom. (shrink)

This article presents evidence that individual words and phrases can contribute multiple independent pieces of meaning simultaneously. Such multidimensionality is a unifying theme of the literature on conventional implicatures and expressives. I use phenomena from discourse, semantic composition, and morphosyntax to detect and explore various dimensions of meaning. I also argue that, while the meanings involved are semantically independent, they interact pragmatically to reduce underspecification and fuel pragmatic enrichment. In this article, the central case studies are appositives like Falk, the (...) CEO, and the taboo intensive damn, though discourse particles and connectives like but, even, and still play supporting roles. The primary evidence, both quantitative and qualitative, is drawn from large interview and product-review corpora, which harbor a wealth of information about the importance of these items to discourse. (shrink)

This book criticizes the methodology of the recent semantics-pragmatics debate in the theory of language and proposes an alternative. It applies this methodology to argue for a traditional view against a group of “contextualists” and “pragmatists”, including Sperber and Wilson, Bach, Carston, Recanati, Neale, and many others. The author disagrees with these theorists who hold that the meaning of the sentence in an utterance never, or hardly ever, yields its literal truth-conditional content, even after disambiguation and reference fixing; it needs (...) to be pragmatically supplemented in context. The standard methodology of this debate is to consult intuitions. The book argues that theories should be tested against linguistic usage. Theoretical distinctions, however intuitive, need to be scientifically motivated. Also we should not be guided by Grice’s “Modified Occam’s Razor”, Ruhl’s “Monosemantic Bias”, or other such strategies for “meaning denialism”. From this novel perspective, the striking examples of context relativity that motivate contextualists and pragmatists typically exemplify semantic rather than pragmatic properties. In particular, polysemous phenomena should typically be treated as semantic ambiguity. The author argues that conventions have been overlooked, that there’s no extensive “semantic underdetermination” and that the new theoretical framework of “truth-conditional pragmatics” is a mistake. (shrink)

Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking about them, from shaking hands when greeting someone to driving on the right side of the road. In this book, Andrei Marmor offers a pathbreaking and comprehensive philosophical analysis of conventions and the roles they play in social life and practical reason, and in doing so challenges the dominant view of social conventions first laid out by David Lewis. (...) Marmor begins by giving a general account of the nature of conventions, explaining the differences between coordinative and constitutive conventions and between deep and surface conventions. He then applies this analysis to explain how conventions work in language, morality, and law. Marmor clearly demonstrates that many important semantic and pragmatic aspects of language assumed by many theorists to be conventional are in fact not, and that the role of conventions in the moral domain is surprisingly complex, playing mostly an auxiliary and supportive role. Importantly, he casts new light on the conventional foundations of law, arguing that the distinction between deep and surface conventions can be used to answer the prevalent objections to legal conventionalism. Social Conventions is a much-needed reappraisal of the nature of the rules that regulate virtually every aspect of human conduct. (shrink)

The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all of the Vienna Convention's provisions. Each provision's analysis consists of (I) Purpose and Function of the Article, (II) Historical Background with Negotiating History, (III) Elements of the Article and finally (IV) Treaties of International Organizations. In short, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Furthermore, where the law of treaties reaches (...) into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is an invaluable reference for both academia and practitioners of international law. (shrink)

Conventions are regularities in social behaviour of the past that enable us to coordinate our actions. Some conventions are lawlike: they are expected to be observed always or nearly always. However, in order to coordinate our actions, it may suffice that a precedent has occurred often enough, and sometimes even a single precedent will do. So, in general, conventions merely enable us to solve our coordination problems; lawlike conventions are a special case. Grammatical conventions are often lawlike; sense conventions are (...) typically enabling. In order to resolve the indeterminacies that sense conventions give rise to, interlocutors must rely on the common ground. In this and other ways, common ground is a prerequisite for convention‐based communication. (shrink)

Two of the most fundamental questions about language are these: what are languages?; and, what is it to know a given language? Many philosophers who have reflected on these questions have presented answers that attribute a central role to conventions. In one of its boldest forms such a view runs as follows. Languages are either social entities constituted by networks of social conventions or abstract objects where when a particular community speaks a given language they do so in virtue of (...) the conventions operative within that community. Consequently, for an individual to know a given language is for them to be party to the relevant conventions. Call this view conventionalism. In this article my aim is to evaluate conventionalism. I will argue that although there are linguistic conventions and that they do play an important role in language development and communication conventionalism should be rejected in favour of a more psychologistically orientated position. (shrink)

In this paper I argue that there exist conventions of a peculiar sort which are neither norms nor regularities of behaviour, partaking of both. I proceed as follows. After a brief analysis of the meaning of ‘convention’, I give some examples of the kind of phenomena I have in mind: bodily skills, know-how, taste and style, habitus, “disciplines”. Then I group some arguments supporting my claim: considerations about the identity conditions of precedents and about the projectibility of predicates in (...) inductive inference generally ; thoughts about rule-following ; an examination of some of J. R. Searle’s ideas about the “Background” of intentionality. I conclude with some remarks about the time-honoured antithesis ‘nature’ v. ‘convention’.  The Italian original of this text was published in: Ragion Pratica 2: 605–632. (shrink)

Son yıllarda başarılı yönetişimin ekonomik performansa etkisi tartışmaların odak noktası haline gelmiştir. Yönetişimin ekonomik büyüme ve gelişme üzerindeki rolünün önemli olduğu düşünülmektedir. Bu çalışmada OECD ülkelerinin, yönetişim değişkenleri ve bazı makroekonomik değişkenler açısından kümelenmeleri amaçlanmaktadır. Bu sayede söz konusu ülkelerin birbirlerine göre konumlarının yanı sıra Türkiye ile olan konumları da belirlenmiştir. Otuz beş OECD üyesi ülkenin ele alındığı araştırmada kümeleme analizi kullanılarak yedi değişkene ilişkin derlenen 2016 yılı verileri analiz edilmiştir. Analiz sonuçlarına göre; bu ülkeler üç farklı kümede (...) gruplanmış ve Türkiye’nin Meksika ile aynı küme altında toplandığı tespit edilmiştir. (shrink)

Among anthropologists and sociologists, it is widely believed that moral rules are best understood as a type of social norm. Moral philosophers, however, have largely been hostile to this suggestion. In recent years, the impulse to distinguish moral rules from others types of social norm has received what many take to be empirical support from the work of Elliot Turiel and his collaborators, who have argued that there are two distinct “domains” of social cognition, the “moral” and the “conventional.” Many (...) philosophers have taken this as proof that moral rules are fundamentally different from “conventional” social norms. I argue that moral philosophers should not be relying upon Turiel’s view to defend the moral/conventional distinction. First, I show that Turiel is claiming much less than many have taken him to be claiming, because he puts a lot of what philosophers have traditionally thought of as “morality” on the side of convention, or else in the broad region between the two that he refers to as “multidimensional contexts.” Second, I argue that his concept of the “conventional” is so narrow that the overwhelming majority of social norms – such as the standard rules of etiquette – wind up falling into the “multidimensional” category. This stems from his failure to distinguish between genuine conventions and what I refer to as “norms with conventional elements.”. (shrink)

Debates concerning the units and levels of selection have persisted for over fifty years. One major question in this literature is whether units and levels of selection are genuine, in the sense that they are objective features of the world, or merely reflect the interests and goals of an observer. Scientists and philosophers have proposed a range of answers to this question. This Element introduces this literature and proposes a novel contribution. It defends a realist stance and offers a way (...) of delineating genuine levels of selection by invoking the notion of a functional unit. (shrink)

This article will compare and contrast two very different accounts of convention: the game-theoretical account of Lewis in Convention, and the account initially proposed by Margaret Gilbert (the present author) in chapter six of On Social Facts, and further elaborated here. Gilbert’s account is not a variant of Lewis’s. It was arrived at in part as the result of a detailed critique of Lewis’s account in relation to a central everyday concept of a social convention. An account (...) of convention need not be judged by that standard. Perhaps it reveals the nature of an important phenomenon. Looked at in that light, these very different accounts are not incompatible. Indeed, neither should be ignored if one is seeking to understand the way in which human beings arrive at some degree of social order. (shrink)

Belgian data from the PIDOP project show that boys are more involved than girls in illegal political actions, namely the production of graffiti and other acts of “incivility”. These activities must be considered in both groups as complementary to conventional political and social participation and not as their opposite. The main explanatory factor is the level of the perceived efficaciousness of such actions. The lack of trust in institutions and the level of awareness of societal discrimination play no significant explanatory (...) role. In males, the involvement level in these activities depends on feelings of personal discrimination and on the lack of freedom concerning individual choice, confirming the theory of societal vulnerability and Honneth’s theory of recognition. This level also increases along with increasing opportunities to make acquaintances and have fun in the neighbourhood. In females, this involvement is explained by the distance with regard to pro-sociality level. (shrink)

The central philosophical task posed by conventions is to analyze what they are and how they differ from mere regularities of action and cognition. Subsidiary questions include: How do conventions arise? How are they sustained? How do we select between alternative conventions? Why should one conform to convention? What social good, if any, do conventions serve? How does convention relate to such notions as rule, norm, custom, practice, institution, and social contract? Apart from its intrinsic interest, convention (...) is important because philosophers frequently invoke it when discussing other topics. A favorite philosophical gambit is to argue that, perhaps despite appearances to the contrary, some phenomenon ultimately results from convention. Notable candidates include: property, government, justice, law, morality, linguistic meaning, necessity, ontology, mathematics, and logic. (shrink)

The aim of this paper is to clarify what kind of normativity characterizes a convention. First, we argue that conventions have normative consequences because they always involve a form of trust and reliance. We contend that it is by reference to a moral principle impinging on these aspects (i.e. the principle of Reliability) that interpersonal obligations and rights originate from conventional regularities. Second, we argue that the system of mutual expectations presupposed by conventions is a source of agreements. Agreements (...) stemming from conventions are “tacit” in the sense that they are implicated by what agents do (or forbear from doing) and without that any communication between them is necessary. To justify this conclusion, we assume that: (1) there is a salient interpretation, in some contexts, of everyone’s silence as confirmatory of the others’ expectations (an epistemic assumption), and (2) the participating agents share a value of not being motivated by hostile attitudes (a motivational assumption). By clarifying the relation between conventions and agreements, the peculiar normativity of conventions is analyzed. (shrink)

This study problematizes the global educational governance of OECD PISA and its statistical data as a governing technology in contemporary discourses of education reforms. The study examines princi...

We offer a novel account of metalinguistic comparatives, such as 'Al is more wise than clever'. On our view, metalinguistic comparatives express comparative commitments to conventions. Thus, 'Al is more wise than clever' expresses that the speaker has a stronger commitment to a convention on which Al is wise than to a convention on which she is clever. This view avoids problems facing previous approaches to metalinguistic comparatives. It also fits within a broader framework—independently motivated by metalinguistic negotiations (...) and convention-shiftingexpressions— that gives linguistic conventions a role in the semantics. (shrink)

David Lewis’ Convention has been a major source of inspiration for philosophers and social scientists alike for the analysis of norms. In this essay, I demonstrate its usefulness for the analysis of some moral norms. At the same time, conventionalism with regards to moral norms has attracted sustained criticism. I discuss three major strands of criticism and propose how these can be met. First, I discuss the criticism that Lewis conventions analyze norms in situations with no conflict of interest, (...) whereas most, if not all, moral norms deal with situations with conflicting interests. This criticism can be answered by showing that conventions can emerge in those contexts as well. Secondly, I discuss the objection that this type of conventionalism, inspired by Lewis, presents moral norms as fundamentally contingent, whereas most, if not all, moral norms are not. However, such critics fail to appreciate that conventions are not radically contingent. Moreover, if one distinguishes the question as to why an individual should comply with a norm from the question whether the norm in question itself can be justified, a core element of the complaint of contingency disappears. The third objection to conventionalism concerns the way in which conventionalists justify norms. I argue that reflection upon the way in which according to Lewis norms are justified reveals a fundamental tension in his theory. Possible solutions to this tension all have in common that the complaint of contingency returns in some form. Therefore, this third complaint cannot be avoided altogether. (shrink)

Conventional behaviors develop from practice for regularly occurring problems of coordination within a community of actors. Reusing and extending conventional methods for coordinating behavior is the task of everyday reasoning.The computational model presented in the paper details the emergence of convention in circumstances where there is no ruling body of knowledge developed by prior generations of actors within the community to guide behavior. The framework we assume combines social theories of cognition with human information processing models that have been (...) developed within Cognitive Science. The model presented reflects both elements of the framework. Conventional behaviors are partially coded in the predisposition of participants in a joint activity to expect certain points of coordination to develop during the course of the activity. The expected points of coordination that are commonly assumed form a design for an activity. Because of uncertainty, interruptions, and numerous other opportunities to get off‐track and out‐of‐synch, the participants must work jointly and continuously to achieve conventional coordination.One feature of the model is that the community improves its performance despite the fact that individual actors reason independently about their experiences. Another important feature of the model is that the mechanisms for improving behavior are tied to the memory function of individual actors. A third important feature is that the social interaction among the participants simplifies and drives the everyday reasoning processes. An analysis of a large set of computational experiments supports the theoretical position that is developed regarding everyday reasoning and convention. (shrink)

Some expressions, such as ‘generous’ and ‘stingy’, are used not only to describe the world around us. They are also used to evaluate the things to which they are applied. In this paper, I suggest a novel account of how this evaluation is conveyed—the conventional triggering view. It partly agrees and partly disagrees with both the standard semantic view and its popular pragmatic contender. Like the former and unlike the latter, my view has it that the evaluation is conveyed due (...) to the conventional meaning of the sentences in question. Unlike the former and much like the latter, my view suggests that the evaluation is a secondary rather than a primary content. (shrink)

Conventions and leaders are believed to be the two pillars of justice and order in society. This paper evaluates this proposition and draws attention to two intriguing ways in which these pillars can malfunction. The argument is constructed by creating two new games, Greta’s Dilemma and the Incarceration Game. An awareness of these problems can help us use our ‘moral intention’ to reexamine our own collective behavior and to design prior conventions, which limit the power of the leader.

Donald Davidson denied convention any interesting role in the philosophical theory of meaning: Conventions are neither necessary nor sufficient to account for communication by language. This anticonventionalism is part of Davidson's more general individualism about meaning. According to Davidson, notions such as that of a shared language, shared practices of use, and the attendant notions of standard meaning and linguistic mistake, are as uninteresting to the philosophical theory of meaning as that of convention. The chapter starts with a (...) sketch of the meaning theoretical background for Davidson's anticonventionalism, arguing that Davidson ultimately motivates both anti‐conventionalism and individualism by the social or public nature of language. After quickly taking up Davidson's arguments against attempts to conventionally link semantics to nonsemantic purposes, the chapter then focuses on his attack on the idea that literal meaning is conventional meaning and the surrounding discussion. (shrink)