“Imagination may be thought of as a ‘work-around.’ It is a resourceful tactic to ‘undo’ a rule by creating a path around it without necessarily defying it.... Transgression, on the other hand, is rule breaking. There is no pretense of reinterpretation; it is defiance pure and simple. Whether imagination or disobedience is the source, constraints need not constrain, ties need not bind.” So writes Kenneth A. Shepsle in his introduction to Rule Breaking and Political Imagination. (...) Institutions are thought to channel the choices of individual actors. But what about when they do not? Throughout history, leaders and politicians have used imagination and transgression to break with constraints upon their agency. Shepsle ranges from ancient Rome to the United States Senate, and from Lyndon B. Johnson to the British House of Commons. He also explores rule breaking in less formal contexts, such as vigilantism in the Old West and the CIA’s actions in the wake of 9/11. Entertaining and thought-provoking, Rule Breaking and Political Imagination will prompt a reassessment of the nature of institutions and remind us of the critical role of political mavericks. (shrink)

The view that psychological episodes have a physical nature (physicalism) and the view that they have a mental nature (Cartesian dualism) can be distinguished from the view that they have a purely normative nature. I explore some strands of a distinct, fourth view: psychological episodes are what they are because of the actual and possible relations of defeasible justification in which they stand; defeasible justification is an internal relation; it is not at bottom a normative matter; rule-following presupposes such (...) internal relations; to follow a rule is not to break it. (shrink)

As employees continue to lie, cheat, and steal from their employers, researchers have tried to help managers understand and possibly predict such deviant behavior. This study considers the specific employee misconduct of ethical rule breaking. Hirschi (1969) suggested that deviant behavior can be better understood by social bonding theory. The social bonding model includes four elements; attachment, commitment, involvement, and belief. It is proposed that Hirschi's social bonding theory can be used to understand ethical rule breaking (...) by employees. Using a sample of 200 employees, the results indicate that the social bonding elements of attachment and involvement can be used to better understand the reported likelihood of ethical rule breaking of employees. Recommendations for better applying the social bonding model to ethical rule breaking are suggested. (shrink)

Research subjects do not always conform to research requirements. When their personal interests conflict with the demands of participation, some subjects surreptitiously break the rules. These subjects are subversive — they undermine the research endeavor. In rejecting the restrictions research imposes, subversive subjects diminish the value of research results. From one vantage point, subversive subjects engage in unethical behavior. They create risks to themselves and others; they also disregard ethical responsibilities to adhere to research agreements and tell the truth. At (...) the same time, subversive subjects expose ethical problems in the design and conduct of clinical trials. Features of the research environment create fertile ground for subject subversion. Intensified policing and guidance are two common strategies for reducing subject subversion, but collaborative reforms are more consistent with the partnership model of clinical research. (shrink)

Scientific reports about clinical research appear objective and straightforward. They describe a study's findings, methods, subject population, number of subjects, and contribution to existing knowledge. The overall picture is pristine: the research team establishes the requirements of study participation and subjects conform to these requirements. Readers are left with the impression that everything was done correctly, by the book.In other places, however, one finds a different and messier picture of clinical research. In this picture, research subjects deviate from the prescribed (...) plan. One author contrasted the “tidy graphics” and “crisp prose” of the New England Journal of Medicine's HIV/AIDS trial publications with reports that subjects shared medications and broke other trial rules. Awareness of this behavior, he wrote, could lead insiders to “conclude that knowledge was resting on something rather less solid than bedrock.”. (shrink)

Kevin Mulligan; VI*—Justification, Rule-breaking and the Mind1, Proceedings of the Aristotelian Society, Volume 99, Issue 1, 1 June 1999, Pages 123–140, https:/.

Why do employees break organizational rules and why are organizations unable to prevent this? Past studies have suggested three predictors of rule-breaking: _predisposition_ due to normalization of rule-breaking; _pressure_ due to competitive and performance strain; and _opportunity_ to break the rules due to job characteristics associated with the assigned role and the time at work (e.g., Baucus, 1994). We used a purposive sample of 14,472 observations from 5,735 individuals nested in 199 organizations, to investigate these predictors (...) in a sports context where rule-breaking was likely to be low because of a high risk of detection and a strong compliance system. This allowed us to hold constant the effects of compliance systems and rules that were universally applied in all organizations so that we could compare differences in rule-breaking associated with predisposition, pressure, and opportunity. Compared to previous research, our method permitted us to draw four unique conclusions: (a) all three theories about predictors of rule-breaking were supported, even when all predictors were included simultaneously in a multivariate analysis; (b) individual rule-breaking was predicted by individual and organizational variables in multilevel models, suggesting that employees, the organization, and the industry all support rule-breaking under some conditions; (c) temporal precedence of predictor variables in longitudinal analysis suggested that they influenced current rule-breaking rather than the other way around; and (d) the use of a single-industry sample allowed us to collect nested data from individuals and organizations whose rule-breaking was more likely to be detected and penalized than in other industries, thus reducing undercount of rule-breaking. (shrink)

My aim in this paper is twofold: to establish that Kierkegaard's so‐called theory of the leap strongly anticipates a line of argument that is central to Wittgenstein's so‐called rule‐following considerations; and to begin to show how Kierkegaard's work has fruitful contributions of its own to make to on‐going discussions about rules and rule‐following. The paper focuses throughout on the question of how, if at all, human rule‐following can be distinguished from behaviour that is merely mechanical or instinctual. (...) I identify a central line of argument in Wittgenstein that problematizes this question by establishing the basis our ability to follow rules in our spontaneous responses. I argue that Kierkegaard not only strongly anticipates this line of argument but also offers a distinctive story about what, at bottom, makes the difference between human rule‐following and behaviour that is merely mechanical or instinctual. In a word, on Kierkegaard's story, what makes the difference is: anxiety. (shrink)

Can judging that an agent blamelessly broke a rule lead us to claim, paradoxically, that no rule was broken at all? Surprisingly, it can. Across seven experiments, we document and explain the phenomenon of excuse validation. We found when an agent blamelessly breaks a rule, it significantly distorts people’s description of the agent’s conduct. Roughly half of people deny that a rule was broken. The results suggest that people engage in excuse validation in order to avoid (...) indirectly blaming others for blameless transgressions. Excuse validation has implications for recent debates in normative ethics, epistemology and the philosophy of language. These debates have featured thought experiments perfectly designed to trigger excuse validation, inhibiting progress in these areas. (shrink)

To investigate the impact of framing on rule-breaking behavior in social dilemmas, we incorporated a rule in a one-shot resource game with two framing-treatments: One frame was a give-some dilemma (i.e., a variant of a public goods game) and the other frame a take-some dilemma (i.e., a variant of a commons dilemma game). In each frame, all participants were part of one single collective sharing a common good. Each participant was initially equipped with one of five different (...) endowments of points from which they must give/could take amounts to/from the common good. The exact amounts of contributions/withdrawals were regulated by the rule. Participants decided whether to cooperate and comply with the rule or to break the rule to their own advantage and at the expense of the collective (i.e., giving lower/taking higher amounts). Results of an online-experiment with 202 participants showed a significantly higher proportion of individuals breaking the rule in the take-some frame than in the give-some frame. In addition, endowment size influenced the proportion of rule-breaking behavior in the take-some frame. However, the average amounts of points not given/taken too much were not different between the frames. (shrink)

This research explores the effect of servant leadership on prosocial rule-breaking (PSRB) and the mediating mechanism of public service motivation (PSM) between the association of servant leadership and PSRB. The said phenomenon is examined in the civil service context of Pakistan during the continuing crises of the COVID-19 pandemic, a situation where the traditional civil service policy and rule system has become highly complicated for passionate employees’ service performance and efficiency, and where servant leadership has received greater (...) attention for inspiring the attitudinal and behavioral outcomes of frontline workers during the pandemic. Data were collected from 546 frontline workers of the corona relief tiger force. The findings of the study revealed that servant leadership has a significant effect on PSRB and PSM, and that PSM significantly promotes PSRB. The results also revealed that servant leadership has a significant impact on PSRBviaengendering PSM. (shrink)

To investigate the impact of framing on rule-breaking in social dilemmas, we incorporated a rule in a 1-shot resource game with 2 framing treatments: in one frame, we offered a give-some dilemma (i.e., a variant of a public goods game), and in the other frame, a take-some dilemma (i.e., a variant of a commons dilemma game). In each frame, all participants were part of 1 single collective sharing a common good. Each participant was initially equipped with 1 (...) of 5 different endowments of points from which they must give/were allowed to take amounts to/from the common good. The rule established outcome equality between participants by prescribing the exact amounts of what to give/take to/from the common good, which was finally divided equally among participants. Participants decided whether to cooperate and comply with the rule or to break the rule to their own advantage and to the detriment of the collective (i.e., giving lower/taking higher amounts). The results of an online experiment with 202 participants showed a significantly higher proportion of individuals breaking the rule in the take-some dilemma than in the give-some dilemma. In addition, endowment size influenced the proportion of rule-breaking behavior in the take-some dilemma. However, the average amounts of points not given/taken too much were not different between the 2 dilemma types. (shrink)

We are moving towards a future where Artificial Intelligence (AI) based agents make many decisions on behalf of humans. From healthcare decision-making to social media censoring, these agents face problems, and make decisions with ethical and societal implications. Ethical behaviour is a critical characteristic that we would like in a human-centric AI. A common observation in human-centric industries, like the service industry and healthcare, is that their professionals tend to break rules, if necessary, for pro-social reasons. This behaviour among humans (...) is defined as pro-social rule breaking. To make AI agents more human-centric, we argue that there is a need for a mechanism that helps AI agents identify when to break rules set by their designers. To understand when AI agents need to break rules, we examine the conditions under which humans break rules for pro-social reasons. In this paper, we present a study that introduces a ‘vaccination strategy dilemma’ to human participants and analyzes their response. In this dilemma, one needs to decide whether they would distribute COVID-19 vaccines only to members of a high-risk group (follow the enforced rule) or, in selected cases, administer the vaccine to a few social influencers (break the rule), which might yield an overall greater benefit to society. The results of the empirical study suggest a relationship between stakeholder utilities and pro-social rule breaking (PSRB), which neither deontological nor utilitarian ethics completely explain. Finally, the paper discusses the design characteristics of an ethical agent capable of PSRB and the future research directions on PSRB in the AI realm. We hope that this will inform the design of future AI agents, and their decision-making behaviour. (shrink)

In life there can be good reasons to break the rules. Some sports philosophers have suggested that this also holds for games. In this essay I will compare and contrast reasons for rule-breaking in life and in sports. Some of my focus will be on recent attempts to defend strategic fouling (by Eylon & Horowitz, Russell, and Flynn). Supporters of strategic fouling try to provide a philosophical underpinning for the practice, but they ignore the genealogy of such (...) class='Hi'>rule-violations. I will also discuss how some legal theorists view rule-breaking and contrast this with sport. Lastly, I will introduce the idea of ‘transcendental rules’ in games. They are the conditions for the possibility of playing a game. Following Aurel Kolnai, I will argue that strategic fouling violates a transcendental rule – it is not just a moral error, it is also a conceptual error. (shrink)

The main aim of this research is to examine teachers? opinions about functions of school rules, reasons for rule-breaking and results of rule-breaking in relation to their locus of control, gender, age, seniority and branch. 350 public elementary school teachers in Ankara are included in the correlational survey model study. According to the teachers, the main function of school rules is to ?provide regularity?. Classroom teachers find school rules more functional than branch teachers. Teachers with internal (...) locus of control find school rules more functional than externals and junior teachers find school rules more functional than senior teachers. The main reason for teachers? rule-breaking is ?being uninvolved in rulemaking process?. When teachers do not follow school rules, they come across with cold behaviours of the school administrators. (shrink)

This research project seeks to discover whether certain characteristics of a moral issue facilitate individuals’ abilities to detect violators of a conditional rule. In business, conditional rules are often framed in terms of a social contract between employer and employee. Of significant concern to business ethicists is the fact that these social contracts are frequently breached. Some researchers in the field of evolutionary psychology argue that there is a biological basis to social contract formation and dissolution in business. However, (...) although it is inescapable that biological forces shaped a fixed neural structure that guides and limits humans’ abilities, we argue that characteristics of the situation in which the person finds himself or herself moderate the activation of these neural circuits in ordinary business social contract situations. Specifically, the moral intensity associated with the social contract conditional rule is likely to influence peoples’ abilities to detect violators of the rule. This study utilizes adapted versions of the Wason selection task and manipulates the issue-contingent moral intensity characteristics of magnitude of consequences, proximity, and social consensus to assess if moral intensity facilitates detection of rule violators. Results from this empirical study indicate no relationship between moral intensity characteristics and issue recognition but do provide insights into the evolutionary psychology approach. (shrink)

Redefining god -- The battle between grace and truth -- Qualifying the unqualified -- Breaking cultural rules -- Rejected to redeemed -- Who wants the oil? -- Sweet vindication -- Falling forward -- Pushing boundaries -- The power of again -- The now and the next -- A clean slate.

In the State of Bernstein, operating a motor vehicle on a suspended license is a misdemeanor, punishable by permanent loss of one’s license. Officer Krupke arrests everyone who does this, as Tony has. But Tony says, “Gee, Officer Krupke, can’t you bend the rules? I went to your high school, you know.” Tony’s using a euphemism. He’s really asking Krupke to break the rules. Is there, however, a non-euphemistic way to bend a rule of law, without breaking it? (...) More precisely, can we ever bend a rule while still applying it, in some sense, or is this just doubletalk? Consider the case of Maria, whose driver’s license has also been suspended. Maria lives with her mother in a remote area, twenty miles from the nearest doctor. Maria’s mother comes down with a fever of one hundred two. It’s not life-threatening, but Maria wants to spare her mother suffering and hasten recovery, so she drives to the hospital herself, rather than waiting for an ambulance to make the trip out and back. Unfortunately for Maria, the statute contains no applicable exception. I stipulate that this statute is not unjust or otherwise defective, as written. Suppose there are conclusive reasons for legislators not to complicate the statute with exceptions broad enough to cover cases such as Maria’s. Writing such exceptions would encourage sub-optimal misapplication of the exception by judges and sub-optimal misconduct by legal subjects who would anticipate judicial misapplication of the statutory exception. Nevertheless, most will agree that Maria has strong reasons to act as she does. Rare is the writer who insists that rules of law trump all other reasons that bear on legal subjects. Some will insist that we give Maria’s mother a condition more life-threatening before they’ll assent. (shrink)

There is a well-known, superficially plausible argument which says that a game is defined by its rules, so that cheaters in that game can't possibly be winners, or even legitimate participants. The article critically examines this argument and provides counterexamples to its underlying assumptions. -/- ================= This article originally appeared in Journal of the Philosophy of Sport, VIII, 1981, pp. 41-46. It has since been reprinted in Morgan, William and Meier, Klaus, eds, Philosophic Inquiry in Sport, and Vanderwerken, David and (...) Wertz, Spencer, Sport Inside Out. 40 years later, I don't have an uploadable copy, but I don't understand why, if you have a new anthology that includes it, you can't simply generate an archive copy from it or one of the prior publications. Or, just cite the sources where it appears. (shrink)

People often speak as if the behaviour of others is relevant to the question of whether they are justified in violating a rule. This paper explores three lines of argument which might be used to justify rule violation on grounds appealing to what others do. The appeal to self‐defence as a justification does not succeed, since it must expand the concept to involve a cumbersome weighing of harms. The argument that complying with a rule may involve too (...) great a sacrifice in some cases needs to be developed by an account of when a sacrifice is morally significant. It is tempting, but problematic, to do this by weighing consequences of individual acts. An alternative approach is to argue that the behaviour of others is sometimes relevant to determining what rule is actually functioning in some context as a part of a particular moral system. (shrink)

In this article we attempt to complicate traditional--and, we argue, limited and exclusionary--definitions of interdisciplinarity as the bringing into dialogue of established disciplines without questioning the parameters and practices of those disciplines. We propose that interdisciplinarity instead might mean teaching and learning among, between, and in the midst of those of innate or learned capacities--not only college faculty but also students and staff. To illustrate this more radical iteration of interdisciplinarity, we draw on a range of definitions of the key (...) terms, “discipline” and “faculty,” and we offer a case study of a workshop we co-facilitated in which we brought differently positioned individuals together to engage in the educational process and the production of knowledge. We hope that this discussion contributes to expanding the notions and practices of interdisciplinarity. (shrink)

Suppose a primary care physician practicing in an underserved community orders a treatment for one of her indigent patients under the state’s Medicaid program.

Suppose a primary care physician practicing in an underserved community orders a treatment for one of her indigent patients under the state’s Medicaid program.

When I was a very young assistant professor of philosophy, I had my first child. I also lost my father, and I realised that I was quite at a loss in knowing how to deal with those sorts of questions. I was this young hotshot philosopher, and I was 26, and I thought none of this taught me how to raise a kid or grieve for a parent, and in some sense I’ve been trained out of even thinking these are (...) meaningful questions. That set me for some reason writing a novel. (shrink)

Among the rules which govern the "language-games" discussed by Wittgenstein there are some which seem to have particular functions which can be more effectively brought to light by considering the logical and pragmatic effects of their breakage. Indeed, if we extend progressively the analysis of possible breakages of such rules from particular language-games to broader and broader areas of language, we arrive at a point where (as happened in the Tractatus) it seems possible to draw a limit between what, in (...) general terms, is endowed with sense, and what is devoid of it. This possibility, offered by a "rule-breaking" approach, also opens a promising perspective from which to look afresh at some classical problems connected with skepticism. (shrink)

Among the rules which govern the "language-games" discussed by Wittgenstein there are some which seem to have particular functions which can be more effectively brought to light by considering the logical and pragmatic effects of their breakage. Indeed, if we extend progressively the analysis of possible breakages of such rules from particular language-games to broader and broader areas of language, we arrive at a point where (as happened in the Tractatus) it seems possible to draw a limit between what, in (...) general terms, is endowed with sense, and what is devoid of it. This possibility, offered by a "rule-breaking" approach, also opens a promising perspective from which to look afresh at some classical problems connected with skepticism. (shrink)

In this paper, we explore and describe what is needed to allow connected and automated vehicles to break traffic rules in order to minimise road safety risk and to operate with appropriate transparency. Reviewing current traffic rules with particular reference to two driving situations, we illustrate why current traffic rules are not suitable for CAVs and why making new traffic rules specifically for CAVs would be inappropriate. In defining an alternative approach to achieving safe CAV driving behaviours, we describe the (...) use of ethical goal functions as part of hybrid AI systems, suggesting that functions should be defined by governmental bodies with input from citizens and stakeholders. Ethical goal functions for CAVs would enable developers to optimise driving behaviours for safety under conditions of uncertainty whilst allowing for differentiation of products according to brand values. Such functions can differ between regions according to preferences for safety behaviours within that region and can be updated over time, responding to continual socio-technological feedback loops. We conclude that defining ethical goal functions is an urgent and necessary step from governmental bodies to enable the safe and transparent operation of CAVs and accelerate the reduction in road casualties they promise to achieve. (shrink)

As the latest tool for disseminated information and editorial comment shaping public opinion, blogging is quickly gaining popularity, prominence, and power. One major controversy for the new medium of circulating news and commentary is to what extent or even whether blogs should have codes of ethics. We examined 30 politically-oriented weblogs. Of these, only a few had a code of ethics, stated or implied. Little cohesion existed between the codes of ethics, but a few themes emerged. Qualitative analysis of the (...) codes of ethics shows that what bloggers valued most included accuracy, credibility, and etiquette. We further provide evidence to support the prevailing thought that, while appearing to be “ethical” seems important to bloggers, blogging ethics and credibility are difficult to operationalize. (shrink)

Some philosophers of sport have suggested that strategic fouling is acceptable if you pay full compensation. In this paper I will argue that the idea of ‘compensation’ is conceptually inadequate to deal with strategic fouling. Compensation is a legal remedy designed to make the victim of a wrong whole again, i.e. make good the loss or harm they have suffered. But compensation as the analogon between law and games is ill-conceived when applied to strategic fouling. I will suggest another analogon (...) from the law of obligations – restitution – which is more apt to deal with strategic fouling and which shows more clearly why the ‘compensation’ prescribed by the rules often fails to restore the fouled side. (shrink)

As the latest tool for disseminated information and editorial comment shaping public opinion, blogging is quickly gaining popularity, prominence, and power. One major controversy for the new medium of circulating news and commentary is to what extent or even whether blogs should have codes of ethics. We examined 30 politically-oriented weblogs. Of these, only a few had a code of ethics, stated or implied. Little cohesion existed between the codes of ethics, but a few themes emerged. Qualitative analysis of the (...) codes of ethics shows that what bloggers valued most included accuracy, credibility, and etiquette. We further provide evidence to support the prevailing thought that, while appearing to be "ethical" seems important to bloggers, blogging ethics and credibility are difficult to operationalize. (shrink)

Do you ever feel flawed, anxious, or afraid--like something might be wrong, but you're not sure what? The truth is, we all feel that way sometimes (or even most of the time!). We're trapped by a limited sense of self, held back by our own anxieties, fears, and compulsions. Mindfulness can offer intermittent relief from these contrived narratives, showing us how to be present, open, and available in the moment by observing our thoughts and feelings. This is all wonderful--until the (...) fears and doubts rush back in. How to Be a Spiritual Rebel offers more than simple mindfulness. Drawing on spiritual practices and recent findings in neuroscience, this groundbreaking guide will help you examine the psychological barriers that block your spiritual growth and keep you from embracing true liberation. You'll learn to cultivate courage, view your thoughts and feelings without letting them define you, and find guidance and support as you navigate the route to boundless freedom without fear or self-limiting attachments.If you're ready to take mindfulness--and spirituality--to the next level and experience true freedom and fulfillment, this candid, entertaining, and jargon-free guide will help point the way.--amazon.com. (shrink)

Breaking Bad, hailed by Stephen King, Chuck Klosterman, and many others as the best of all TV dramas, tells the story of a man whose life changes because of the medical death sentence of an advanced cancer diagnosis. The show depicts his metamorphosis from inoffensive chemistry teacher to feared drug lord and remorseless killer. Driven at first by the desire to save his family from destitution, he risks losing his family altogether because of his new life of crime. In (...) defiance of the tradition that viewers demand a TV character who never changes, Breaking Bad is all about the process of change, with each scene carrying forward the morphing of Walter White into the terrible Heisenberg. Can a person be transformed as the result of a few key life choices? Does everyone have the potential to be a ruthless criminal? How will we respond to the knowledge that we will be dead in six months? Is human life subject to laws as remorseless as chemical equations? When does injustice validate brutal retaliation? Why are drug addicts unsuitable for operating the illegal drug business? How can TV viewers remain loyal to a series where the hero becomes the villain? Does Heisenberg's Principle of Uncertainty rule our destinies? In Breaking Bad and Philosophy, a hand-picked squad of professional thinkers investigate the crimes of Walter White, showing how this story relates to the major themes of philosophy and the major life decisions facing all of us. (shrink)

A collection of dramatic accounts about doctors who have faced the moral dilemma of choosing between obeying rules and doing what is best for a patient offers insight into the essential principles of medical ethics and their impact on ...

It is commonly claimed that rule consequentialism (utilitarianism) collapses into act consequentialism, because sometimes there are benefits from breaking the rules. I suggest this argument is less powerful than has been believed. The argument requires a commitment to a very particular (usually implicit) account of feasibility and constraints. It requires the presupposition that thinking of rules as the relevant constraint is incorrect. Supposedly we should look at a smaller unit of choice—the single act—as the relevant choice variable. But (...) once we see feasibility as a matter of degree, there is no obvious cut-off point for how broadly we should think about the constraints on our choices. Treating “a bundle of choices” as a relevant free variable is no less defensible than treating “a single act” as the relevant free variable. Rule utilitarianism, rule consequentialism, and other rules-based approaches are stronger than their current reputation. (shrink)

ABSTRACTBernard Suits and other formalists endorse both the logical incompatibility thesis and the view that rule-breakings resulting in penalties can be a legitimate part of a game. This is what Fred D’Agostino calls ‘the problem of penalties’. In this paper, I reject both Suits’ and D’Agostino’s responses to the problem and argue instead that the solution is to abandon Suits’ view that the constitutive rules of all games are alike. Whereas the logical incompatibility thesis applies to games in which (...) players’ actions are perfectly controlled, it does not apply to sports. This insight not only justifies the rejection of formalism as a theory about the nature of sport but it also helps explain the greater normative complexity of sports, which in turn leads to the idea that in sports ‘cheating’ should be interpreted as a genus. (shrink)

This study examines the relationship between cognitive moral development (CMD), productivity features of information technology (IT) and unethical behavior or misconduct. Using an experimental design that randomly assigns subjects to one of four unique technology conditions, we assess the relationship between a subjects' predominant level of CMD and ethical misconduct on IT-oriented work tasks. Our results show that both higher levels of CMD and increased levels of IT productivity features at one's disposal have a significant role to play in explaining (...) observed behavior in our sample. We find that CMD as measured by the Defining Issues Test's P-score is negatively related to task misconduct. Conversely, IT productivity features such as copy-and-paste are positively related to task misconduct. In addition, the CMD—misconduct relationship is significantly diminished by the introduction of IT productivity features. Lastly, a series of hazard analyses are conducted to explore the boundaries of our principal findings. These results demonstrate the significant role of technology in enabling negative behavior and the relative inability of subjects' use of principled moral reasoning to overcome it. Implications of these findings for academics and business managers are offered, as well as recommendations for mitigating misconduct in both academic and workplace environments. (shrink)

Bernard Suits and other formalists endorse both the logical incompatibility thesis and the view that rule-breakings resulting in penalties can be a legitimate part of a game. This is what Fred D’Ag...

One premise of the underdetermination argument is that entailment of evidence is the only epistemic constraint on theory-choice. I argue that methodological rules can be epistemically significant, both with respect to observables and unobservables. Using an example from the history of medicine—Koch’s 1882 discovery of tuberculosis bacteria—I argue that even anti-realists ought to accept that these rules can break the tie between theories that are allegedly underdetermined. I then distinguish two types of underdetermination and argue that anti-realists, in order to (...) maintain the underdetermination argument, need to do more than show that theories are empirically equivalent: they need to show that a certain kind of underdetermination obtains. (shrink)

This paper takes under consideration a piece by Roger Crisp in which he questions what the problem of moral luck can teach us about COVID-19 lockdown rule-breakers. Taking the position that although such rule-breakers might seem to be new examples of moral luck, Crisp ends up denying the existence of moral luck and argues that moral luck is an outdated notion in so far as it relies on other questionable aspects of morality, that is, retributivist punishment and blame. (...) Although the author agrees with Crisp that pandemic rule-breaker cases are putative examples of resultant moral luck, he proposes that Crisp has misconstrued what moral luck is and the paper examines in detail what he sees as the numerous problems with Crisp’s claims. The author concludes that Crisp’s analysis of pandemic rule-breaking does not shed any new light on the moral luck debate, and the difficult questions of luck, moral responsibility, and desert are not so easily resolved. -/- . (shrink)

Globalization processes imply the self-deconstruction of the hierarchy of legal norms. Thus, legal pluralism is no longer only an issue for legal sociology, but becomes a challenge for legal practice itself. Traditionally, rule making by `private regimes' has been subjugated under the hierarchical frame of the national constitution. When this frame breaks, then the new frame of legal institutions can only be heterarchical. The origin of global non-state law as a sequence of recursive legal operations is an `as if', (...) not only a founding myth as a self-observation of law, rather the legal fiction of concrete past operations. This fiction, however, depends on social conditions outside legal institutions, on a historical configuration in which it is sufficiently plausible to assume that in earlier times, too, legal rules were applied. (shrink)