Handbook of Compliance & Integrity Management' provides a scientific underpinning for the practice of compliance. The compliance discipline in companies and financial institutions has grown exponentially in recent years. In spite of a plethora of works on compliance, the academic discipline on compliance is still in its infancy. This book, which is the result of the researches conducted by the Post-Doctoral Education in Compliance and Integrity Management of the VU University Amsterdam, examines the subject from such crucial and varied perspectives (...) as ethics, behavioural science, risk management, accounting, and European and international law. Much more than a critical approach to the existing practice of supervision, it provides a wealth of information, guidance, and valuable insights into the day-to-day work of compliance officers. (shrink)

In Campbell Soup Co. v. Allstate Insurance Co. ), the United States District Court for the Western District of Michigan, Southern Division, held that a health plan's coordination of benefits clause, covered under the Employee Retirement Income Security Act, does not preempt a similar no-fault automobile insurance clause in the absence of irreconcilable conflict. The court found that ERISA's policy of shielding plans from unanticipated claims could only be furthered when the plan had expressly disavowed such claims. Because the ERISA (...) plan in this case did not specifically subordinate itself to the no-fault policy, the district court found that the no-fault COB clause controlled. However, to escape this ruling, ERISA plans need only redraft their COB clauses specifically to disclaim liability in case of conflict with provisions of no-fault insurance policies. This caveat substantially limits the scope of the court's ruling. (shrink)

Academia-intelligence agency collaborations are on the rise for a variety of reasons. These can take many forms, one of which is in the classroom, using students to stand in for intelligence analysts. Classrooms, however, are ethically complex spaces, with students considered vulnerable populations, and become even more complex when layering multiple goals, activities, tools, and stakeholders over those traditionally present. This does not necessarily mean one must shy away from academia-intelligence agency partnerships in classrooms, but that these must be conducted (...) carefully and reflexively. This paper hopes to contribute to this conversation by describing one purposeful classroom encounter that occurred between a professor, students, and intelligence practitioners in the fall of 2015 at North Carolina State University: an experiment conducted as part of a graduate-level political science class that involved students working with a prototype analytic technology, a type of participatory sensing/self-tracking device, developed by the National Security Agency. This experiment opened up the following questions that this paper will explore: What social, ethical, and pedagogical considerations arise with the deployment of a prototype intelligence technology in the college classroom, and how can they be addressed? How can academia-intelligence agency collaboration in the classroom be conducted in ways that provide benefits to all parties, while minimizing disruptions and negative consequences? This paper will discuss the experimental findings in the context of ethical perspectives involved in values in design and participatory/self-tracking data practices, and discuss lessons learned for the ethics of future academia-intelligence agency partnerships in the classroom. (shrink)

The philosophical press, in the United States as well as abroad, has not given the thought of the Polish philosopher, Roman Ingarden, the recognition that it rightly deserves. It is because of this state of affairs that Volume IV of Analecta Husserliana comes to us as a scholarly contribution in a time of need. The singular merit of this volume is that it not only makes available some noteworthy critical and constructive analyses by Ingarden but also offers a series of (...) systematic studies of various facets of Ingarden’s philosophy by his chief interpreters and critics. The first selection in Volume IV is part of the Oslo Lectures, given by Ingarden in 1967, and here made public for the first time in its original German transcription. In these very important lectures Ingarden distills the results of his many years of critical reflection on the possibilities and limits of Husserl’s program of phenomenological research. The general topic of these lectures is: "The Problem of Husserlian Reduction". However, as the discussion proceeds it is not only problems attendant to the celebrated reduction that come under critical review but indeed the whole gamut of Husserlian motifs from intentionality to inter-subjectivity. (shrink)

This collection complements New Essays in Philosophical Theology by displaying the influence of the later Wittgenstein on contemporary philosophers of religion. The first two papers are Peter Winch's "Understanding a Primitive Society" and Norman Malcolm's "Anselm's Ontological Arguments". Distinguishing between interpretations of experience within a system of concepts and the reality expressed by the limiting concepts presupposed by such a system, Winch will not allow us to question the validity of the portrayal of reality as such and specifically attacks MacIntyre's (...) dismissal of magic. Neither Winch nor Malcolm leave room for changes in our conception of the reality expressed which might lead to radical reappraisal of the concepts used. Building on Malcolm, the editor declares theoretical speculation and scepticism to be incompatible with religious understanding. After a typically sterile debate between Atheist, Agnostic, Protestant and Catholic and a typically judicious paper by Kemp Smith on "Is Divine Existence Credible?" we come to the gem of the collection, W. H. Poteat's "Birth, Suicide and the Doctrine of Creation: An Exploration of Analogies." This and the next unravel ambiguities in our talk of the world. Then come R. F. Holland on "The Miraculous" and some vintage Collingwood on "The Devil". Phillips on moral and religious conceptions of duty and Poteat's analysis of "I Will Die" complete the series. Almost all of the essays have been previously published, but the editor has done a good job of gathering and arranging them in a meaningful sequence. Apart from Kemp Smith and Collingwood, the writers represent "Wittgensteinian Fideism" and the book suffers for lack of the criticism of this that Kai Nielsen or MacIntyre might have supplied. Its most suggestive passages are those in which linguistic and existentialist insights are married. But the marriage is still without metaphysical issue.—C. P. S. (shrink)

An attempt to give a comprehensive scientific account of the creative process. Humor, scientific discovery and art are all understood as dependent upon the act of "bisociation," the spontaneous intersecting of two or more previously unrelated frames of reference or "matrices." The first half of the book propounds this theory; the second half attempts to give its physical and psychological underpinnings. Though he fails to give any definite answer to how and why the bisociative act takes place, Koestler's erudition, insights (...) and considerable skill as a writer are impressive.—S. C. H. (shrink)

The Morality of Civil Disobedience is a clear, direct, well-written analysis of the concept of civil disobedience. Professor Hall proposes a minimal definition of civil disobedience on which he then builds a theoretical framework alleged to be morally neutral. He concludes by presenting a substantive method for amending the present legal system to permit a more direct responsiveness to moral issues. The minimal defining characteristics are "the illegality of the act, and the alleged moral nature of its justification." This eliminates (...) as constitutive elements such factors as: agent’s willingness to be arrested and punished, use of nonviolence, full publicity of act, etc. Several benefits accrue. First, this minimal definition permits cogent and useful distinctions between legal injustices and immoral laws, disobedience and revolution or rebellion, disobedience and crime. Second, a morally neutral definition allows a theoretical formulation which can encompass a number of diverse moral stances. Third, by limiting the defining characteristics to the above, the author can effectively distinguish between the concept of civil disobedience and what counts as grounds for justification. Further, by introducing the notion of prima facie obligation as necessary elements of justification, Professor Hall gives the problem a flexible and useful framework. The analysis is coherent and relatively complete. Whatever moral commitments are presumed within this theory seem minimal, easily acceptable to the reader, and quite necessary for any kind of substantive program. The author has made extensive and judicious use of legal as well as philosophical works in this field. He has defended and explicated his theoretical proposals with numerous relevant case studies. These practical illustrations tend not only to clarify the issue, but to direct the reader’s attention to dealing creatively with a contemporary problem of paramount political importance. An extensive bibliography refers the reader to important source materials from both legal and philosophical works.—S. C. (shrink)

The title of this book is somewhat misleading. A more apt title would have been, "A Marxist Critique of Husserl’s Nullification of the Real World." Such a title would have made the central argument and underlying concern in the present discussion more explicit. The author is intent on a spirited refutation of Husserl’s phenomenology as a transcendental, phenomenological idealism. It is particularly this stage of Husserl’s phenomenological development, maintains Sang-Ki Kim, that effects a sacrifice of the real world. The belated (...) return to the life-world, characteristic of Husserl’s later thought, does not, according to the author, help matters much. Husserl’s analysis of the life-world continues to be informed by the anti-historical apriorism that defined his earlier program of phenomenological idealism. Husserl’s concept of the life-world thus remains a bloodless abstraction, bereft of any acknowledgement of the concrete, historical, naturalist-materialist basis that undergirds it. (shrink)

In a fluent, easy-to-read style, Frondizi presents a useful, elementary analysis of the nature of value; the basic problems of value theory; an historical survey of the various solutions to these problems; and finally, his own theory concerning the answers to these issues. The basic problem of axiology is exposed by the author as the dilemma between subjectivism and objectivism. It is in this frame of reference that the views of R. B. Perry, Wittgenstein, Carnap, Ayer, and Russell are briefly (...) outlined as examples of subjectivist doctrines. The material apriorism of Max Scheler is described in detail as illustrative of objectivism. Because the theories of Scheler are not too well-known among English-speaking philosophers, the exposition of his doctrines by Frondizi in this text are particularly useful and interesting. Between the Scylla of 'de gustibus non est disputandum' and the Charybdis of absolute standards of value Frondizi asserts the theory that "value is a Gestalt quality, the synthesis of objective and subjective contribution, and which exists and has meaning only in concrete human situations." Value is viewed as open-ended--able to be "furthered by the constant exercise of man's imagination, intelligence and action." Although it may be an open question as to whether the notion of Gestalt somehow resolves basic problems in axiology, it is, nevertheless, interesting to consider Frondizi's account. The book is also useful for its inclusion of a bibliography at the end of each chapter.--S. C. (shrink)