Transnational corporations have become actors with significant political power and authority which should entail responsibility and liability, specifically direct liability for complicity in human rights violations. Holding TNCs liable for human rights violations is complicated by the discontinuity between the fragmented legal/political structure of the TNC and its integrated strategic reality and the international state system which privileges sovereignty and non-intervention over the protection of individual rights. However, the post-Westphalian transition—the emergence of multiple authorities, increasing ambiguity of borders and jurisdiction (...) and blurring of the line between the public and private spheres—should facilitate imposing direct responsibility on transnational firms. Mechanisms for imposing direct responsibility on TNCs are considered including voluntary agreements and international law. However, I conclude that a hybrid public-private regime which relies on non-hierarchical compliance mechanisms is likely to be both more effective and consistent with the structure of the emerging transnational order. (shrink)

Foucault, Power, and Education invites internationally renowned scholar Stephen J. Ball to reflect on the importance and influence of Foucault on his work in educational policy.

1 Introducing Monsieur Foucault Stephen J. Ball Michel Foucault is an enigma, a massively influential intellectual who steadfastly refused to align himself ...

This book develops an alternative approach to sentence- and word-meaning, which I dub the speech-act theoretic approach, or STA. Instead of employing the syntactic and semantic forms of modern logic–principally, quantification theory–to construct semantic theories, STA employs speech-act structures. The structures it employs are those postulated by a novel theory of speech-acts. STA develops a compositional semantics in which surface grammar is integrated with semantic interpretation in a way not allowed by standard quantification-based theories. It provides a pragmatic theory of (...) truth, a treatment of logically complex discourse as expressive cognitive states, and a background metaphysics in which the world is a totality of logically simple states of affairs. The book also puts forward an account of how intentional states provide the simple, representational foundation for a superstructure of speech-act structures–a system of thoughts–that far outruns the expressive power of the intentional foundation. In short, it provides an account of cognitive foundations of a language and a naturalistic reduction of semantics through an expressive theory of semantic norms. (shrink)

There is a wide-spread belief amongst theorists of mind and language. This is that in order to understand the relation between language, thought, and reality we need a theory of meaning and content, that is, a normative, formal science of meaning, which is an extension and theoretical deepening of folk ideas about meaning. This book argues that this is false, offering an alternative idea: The form of a theory that illuminates the relation of language, thought, and reality is a theory (...) of language agency. In a nutshell, the theory of language agency is a theory of competence, without being a theory of understanding or grasping rules. It is a theory of cognitive structure and language production. This theory distils all there is to say about language, thought, and reality. It does not supplement a theory of truth-conditions or semantic norms. It is not the explanation of how a speaker, qua cognitive system causally embedded in a larger reality, is able to use a language with some pre-existing semantic characterization. There is no pre-existing semantic characterization. Nevertheless, there are facts of meaning, as good as any other facts. The dissolution of the theory of meaning is accompanied by another disappearance. That is the disappearance of metaphysical questions in a number of domains. Once we complete the theory of language agency, then just as theoretical questions about meaning disappear, certain theoretical questions about existence disappear. Having provided a theory of the language agency for talk of meaning, fact, property, relation, and proposition, there is no question left over about what meanings, facts, properties, relations, and propositions are. There is no theory to be given of their natures. This is not because they have primitive irreducible natures. Rather it is because, in a sense to be clarified in this work, they lack natures. I call this approach to language agency Global Expressivism. That is because it generalizes some of the insights brought to the study of value-language by expressivists. However, it removes these insights from the clouding affects of attempting to make expressivism a semantic theory. Expressivism about value fails as a semantic theory of value talk. However, global expressivism can succeed as a theory of all talk because it is not a semantic theory but a theory of language agency, wherein the theory of meaning is replaced by a theory of talk about meaning. (shrink)

At the heart of semantics in the 20th century is Frege’s distinction between sense and force. This is the idea that the content of a self-standing utterance of a sentence S can be divided into two components. One part, the sense, is the proposition that S’s linguistic meaning and context associates with it as its semantic interpretation. The second component is S’s illocutionary force. Illocutionary forces correspond to the three basic kinds of sentential speech acts: assertions, orders, and questions. Forces (...) are then kinds of acts in which propositions are deployed with certain purposes. I sketch a speech-act theoretic semantics in which that distinction does not hold. Instead of propositions and forces, the theory proposes proto-illocutionary acts and illocutionary acts. The orthodox notion of a proposition plays no role in the framework, which is a good thing, since that notion is deeply problematic. The framework also shows how expressionists, who embrace a sophisticated speech-act framework, face no Frege-Geach embedding problem, since the latter assumes the Sense/Force distinction. (shrink)

Frege’s distinction between force and sense is a central pillar of modern thinking about meaning. This is the idea that a self-standing utterance of a sentence S can be divided into two components. One is the proposition P that S’s linguistic meaning and context associates with it. The other is S’s illocutionary force. The force/sense distinction is associated with another thesis, the embedding principle, that implies that the only content that embeds in compound sentences is propositional content. We argue that (...) both the Force/Sense distinction and the principle of embedding are seriously challenged by figurative language, and irony in particular. We conclude that theorists need to go back to the drawing board about the nature of illocutionary acts. (shrink)

Few areas of scientific investigation have spawned more alternative approaches than animal behavior: comparative psychology, ethology, behavioral ecology, sociobiology, behavioral endocrinology, behavioral neuroscience, neuroethology, behavioral genetics, cognitive ethology, developmental psychobiology---the list goes on. Add in the behavioral sciences focused on the human animal, and you can continue the list with ethnography, biological anthropology, political science, sociology, psychology (cognitive, social, developmental, evolutionary, etc.), and even that dismal science, economics. Clearly, no reasonable-length chapter can do justice to such a varied collection. We (...) have opted therefore to focus on three of these subdisciplines and to provide a somewhat historical tour of them, mentioning along the way the philosophical points that are of particular interest to us, but allowing the development of these points to be limited only by the imaginations of our readers. For readers seeking a more-traditional historical survey, see Dewsbury (1984a, b) and Burghardt (1985a). Our chosen brief is to write about comparative psychology, ethology, and cognitive ethology, although other approaches, especially neuroscience, will be mentioned where appropriate. These sciences are philosophically significant because they are enmeshed in ancient philosophical questions about the nature of mind and purposeful action and about the differences between humans and other animals. These sciences are also clustered because of their attention to mechanistic explanations of individual animal behavior as opposed to attempting to capture regularities at a population level, such as the game-theoretic strategic models popular among behavioral ecologists. (shrink)

This paper discusses some problems with the field of educational studies and considers the role of post-structuralist theory in shifting the study of education away from a 'technical rationalist' approach (as evidenced in the case of much research on educational management and school effectiveness) towards an 'intellectual intelligence' stance that stresses contingency, disidentification and risk-taking.

This paper discusses some problems with the field of educational studies and considers the role of post-structuralist theory in shifting the study of education away from a 'technical rationalist' approach towards an 'intellectual intelligence' stance that stresses contingency, disidentification and risk-taking.

Recently in these pages it has been argued that a relatively straightforward version of an old argument based on evolutionary biology and psychology can be employed to support the view that innate ideas are a naturalistic source of metaphysical knowledge. While sympathetic to the view that the “evolutionary argument” is pregnant with philosophical implications, I show in this paper how it needs to be developed and deployed in order to avoid serious philosophical difficulties and unnecessary complications. I sketch a revised (...) version of the evolutionary argument, place it in a new context, and show that this version in this context is not vulnerable to the standard criticisms levelled against arguments of this general type. The philosophical import of this version of the argument lies not in any metaphysical conclusions it sanctions directly, but in the support it lends to the metaphilosophy of commonsense. (shrink)

The experience of having to suffer debilitating pain is far too common in the United States, and many patients continue to be inadequately treated by their doctors. Although many physicians freely admit that their pain management practices may have been somewhat lacking, many more express concern that the prescribing of heightened levels of opioid analgesics may result in closer regulatory scrutiny, criminal investigation, or even criminal prosecution.Although several researchers have examined the regulatory environment and the threat of sanction or harm (...) it poses to physicians and patients, few have examined the likelihood of investigation or prosecution stemming from the aggressive use of opioids in physician-directed pain management. Accordingly, in an effort to assess whether the fear of prosecution is realistic and, if so, what factors contribute to its likelihood, we surveyed chief prosecutors in four states about their knowledge, opinions, and attitudes concerning opioids and the prosecution of physicians stemming from the treatment of patients who were either terminally ill or suffering from chronic noncancer pain. (shrink)

The experience of having to suffer debilitating pain is far too common in the United States, and many patients continue to be inadequately treated by their doctors. Although many physicians freely admit that their pain management practices may have been somewhat lacking, many more express concern that the prescribing of heightened levels of opioid analgesics may result in closer regulatory scrutiny, criminal investigation, or even criminal prosecution.Although several researchers have examined the regulatory environment and the threat of sanction or harm (...) it poses to physicians and patients, few have examined the likelihood of investigation or prosecution stemming from the aggressive use of opioids in physician-directed pain management. Accordingly, in an effort to assess whether the fear of prosecution is realistic and, if so, what factors contribute to its likelihood, we surveyed chief prosecutors in four states about their knowledge, opinions, and attitudes concerning opioids and the prosecution of physicians stemming from the treatment of patients who were either terminally ill or suffering from chronic noncancer pain. (shrink)

A comprehensive theory ofeven if needs to account for consequent ‘entailing’even ifs and in particular those of theif-focused variety. This is where the theory ofeven if ceases to be neutral between conditional theories. I have argued thatif-focusedeven ifs,especially if andonly if can only be accounted for through the suppositional theory ofif. Furthermore, a particular interpretation of this theory — the conditional assertion theory — is needed to account foronly if and a type of metalinguistic negation ofQ if P. We therefore (...) have evidence that the currently accepted approaches to conditionals are basically wrong about the semantic forms they attribute toif P, Q.11. (shrink)

It is usually maintained by biologists and philosophers alike that essentialism is incompatible with evolutionary biology, and that abandoning essentialism was a precondition of progress being made in the biological sciences. These claims pose a problem for anyone familiar with both evolutionary biology and current metaphysics. Very few current scientific theories enjoy the prestige of evolutionary biology. But essentialism – long in the bad books amongst both biologists and philosophers – has been enjoying a strong resurgence of late amongst analytical (...) philosophers with a taste for metaphysics. Indeed, to impartial observers it is likely to appear that both evolutionary biology and essentialism are as well supported in their respective domains as could reasonably be expected. There is thus at least a prima facie tension here between evolutionary biology, metaphysics and, as we shall see, pre-theoretical common sense. (shrink)

War metaphors are ubiquitous in discussions of everything from political campaigns to battles with cancer to wars against crime, drugs, poverty, and even salad. Why are warfare metaphors so common, and what are the potential benefits and costs to using them to frame important social and political issues? We address these questions in a detailed case study by reviewing the empirical literature on the subject and by advancing our own theoretical account of the structure and function of war metaphors in (...) public discourse. We argue that war metaphors are omnipresent because they draw on basic and widely shared schematic knowledge that efficiently structures our ability to reason and communicate about many different types of situations, and they reliably express an urgent, negatively valenced emotional tone that captures attention and motivates action. Nevertheless, we find that the meaning of war metaphors is intimately tied to the context in which they are used, which may result in either positive or negative outcomes, depending on the situation. Thus, blanket statements about whether or not a war frame is useful are misguided or overly constraining. Here we situate our case study results in relation to popular theories of metaphoric representation and processing and offer some guidelines for using a war framing effectively. This work helps illuminate the complex, dynamic, and nuanced functions of metaphor in cognition in general, and in public discourse in particular. (shrink)

This article describes the historical emergence of vital systems security, analyzing it as a significant mutation in biopolitical modernity. The story begins in the early 20th century, when planners and policy-makers recognized the increasing dependence of collective life on interlinked systems such as transportation, electricity, and water. Over the following decades, new security mechanisms were invented to mitigate the vulnerability of these vital systems. While these techniques were initially developed as part of Cold War preparedness for nuclear war, they eventually (...) migrated to domains beyond national security to address a range of anticipated emergencies, such as large-scale natural disasters, pandemic disease outbreaks, and disruptions of critical infrastructure. In these various contexts, vital systems security operates as a form of reflexive biopolitics, managing risks that have arisen as the result of modernization processes. This analysis sheds new light on current discussions of the government of emergency and ‘states of exception’. Vital systems security does not require recourse to extraordinary executive powers. Rather, as an anticipatory technology for mitigating vulnerabilities and closing gaps in preparedness, it provides a ready-to-hand toolkit for administering emergencies as a normal part of constitutional government. (shrink)

Temporality underpins how living systems coordinate and function. Unlike measures that use mathematical conventions, lived temporalities grant functional cohesion to organisms-in-the-world. In foxtail grasses, for example, self-maintenance meshes endogenous processes with exogenous rhythms. In embrained animals, temporalities can contribute to learning. And cowbirds coordinate in a soundscape that includes conspecifics: social learning allows them to connect copulating with past events such that females exert ‘long-distance’ control over male singing. Using Howard Pattee’s work, we compare the foxtail’s self-maintenance, gender-based cowbird learning (...) and how humans manage multi-scalar activity. We argue that, while all living things coordinate, temporal ranging is typical of vertebrates. As primates, humans too use temporal ranging – they can draw on social learning, anticipate winter and manage coordinated action. However language behaviour grants new control over the scales of time. People connect the impersonal to lived experience in narratives, as they draw on autobiography and enact cultural practices. Humans become singular individuals who use temporal experience to manage affect, relationships, beliefs, fictions, and knowledge. Individual subjectivity permits collaborative and competitive activity based on linking events with quite different histories. As a result, alone of the vertebrates, we claim that humans become time-rangers. (shrink)

In 1937, just as Dobzhansky published the book that later generations would laud as the foundation of the modern synthesis, the American Naturnlist published a symposium on "supraspecific variation in nature and in classification." Alfred C. Kinsey, who later became one of America's most controversial intellectuals for his study of basic behaviors in another sort of WASP,1 led off the symposium with a summary of his extensive work on a family of gall wasps, the Cynipidae. In his article, Kinsey strongly (...) advocated the central theme of the developing synthesis: Evolution at all scales, particularly macroevolution, could be explained by the genetic mechanisms observed in laboratories and local populations. He first complained that some geneticists and naturalists were still impeding a synthesis with their insistence upon causal separation of levels: "Just as some of the geneticists have insisted that the laboratory genetics may explain the nature and origin of Mendelian races, but not of natural species, so others indicate that the qualities of higher categories must be explained on bases other than those involved in species" (1937, p. 208). He then defended the central postulate. (shrink)

Death, like many social problems, has become medicalized. In response to this medicalization, physician-assisted suicide has emerged as one alternative among many at the end of life. And although the practice is currently legal in the states of Oregon and Washington, opponents still argue that PAS is unethical, is inconsistent with a physician's role, and cannot be effectively regulated. In comparison, Switzerland, like Oregon, permits PAS, but unlike Oregon, non-physicians and private organizations play a significant role in assisted death. Could (...) the Swiss model be the answer? The following essay explores the Swiss model of assisted suicide for its potential to enhance the regulation of PAS, reduce physician involvement, and perhaps demedicalize the way we die. (shrink)

Taking a distributed view of language, this paper naturalizes symbol grounding. Learning to talk is traced to — not categorizing speech sounds — but events that shape the rise of human-style autonomy. On the extended symbol hypothesis, this happens as babies integrate micro-activity with slow and deliberate adult action. As they discover social norms, intrinsic motive formation enables them to reshape co-action. Because infants link affect to contingencies, dyads develop norm-referenced routines. Over time, infant doings become analysis amenable. The caregiver (...) of a nine-month-old may, for example, prompt the baby to fetch objects. Once she concludes that the baby uses ‘words’ to understand what she says, the infant can use this belief in orienting to more abstract contingencies. New cognitive powers will develop as the baby learns to act in ways that are consistent with a caregiver’s false belief that her baby uses ‘words.’. (shrink)

Rather than ask if expertise is under threat, this paper uses case studies to show how expertise is enabled. Its appearance can be traced to how the already known evokes sensibility, judging, thinking and languaging. As defined below, it draws on epistemic cycles. Using Secchi and Cowley’s (2021) 3M model, this posits a second cut between the micro and the macro. In the mesosphere, people create temporary domains or what William James (1991) calls ‘little worlds’. Within these corpora popularia, the (...) new is made possible – expertise sets off unimagined outcomes. Thus, many concerns cannot be solved by scientific correlates of a natural ontological attitude: indeed, the truism clarifies many social challenges. We lack social institutions that dedicate expertise to goals like ecosocial justice and life-sustaining relations. Once the necessary expertise is traced to epistemic cycles, we can demand of institutions that they create bodies that seek to bring a rich future to evolution. (shrink)

This essay responds to Hirstein, Sifferd and Fagan’s book, Responsible Brains, which claims that executive function is the guiding mechanism that supports both responsible agency and the necessity for some excuses. In contrast, I suggest that executive function is not the universal acid and the neuroscience at present contributes almost nothing to the necessary psychological level of explanation and analysis. To the extent neuroscience can be useful, it is virtually entirely dependent on well-validated psychology to correlate with the neuroscientific variables (...) under investigation. The essay considers what executive function is and what the neuroscience adds to our understanding of it. Then it addresses moral and legal responsibility generally, and specific doctrines. Executive function is seldom found to be the most perspicuous approach to any of the general or specific moral and legal questions. (shrink)

This article considers whether psychopaths should be held criminally responsible. After describing the positive law of criminal responsibility in general and as it applies to psychopaths, it suggests that psychopaths lack moral rationality and that severe psychopaths should be excused from crimes that violate the moral rights of others. Alternative forms of social control for dangerous psychopaths, such as involuntary civil commitment, are considered, and the potential legal implications of future scientific understanding of psychopathy are addressed.

This outstanding collection contains 100 papers drawn from the broad range of contemporary writing on the sociology of education. Major trends and developments from the 1970s through to the 1990s are represented. The following four volumes offer a comprehensive introduction to, and overview of, the field: * Theories and Methods * Inequalities and Oppressions * Institutions and Processes * Politics and Policies. Covering the key points of dispute and areas of controversy within the sociology of education these volumes include papers (...) from many of the leading writers in the field. Presented together, the papers constitute a sophisticated and versatile toolbox of ideas for theory-building and research. (shrink)

We argue that Henrich et al. do not go far enough in their critique: Sample diversification, while important, will not lead to the detection of generalizable principles. For that it will be necessary to broaden the range of contexts in which data are gathered. We demonstrate the power of contexts to alter results even in the presence of sample diversification.

Medicalized Death and the Right to Die Movement Prior to the 20th Century, most Americans died at home, surrounded by family, friends, and neighbors. Religion, not medicine, governed the death bed for there was little physicians could do for the dying. Eventually, however, advances in medicine and technology would lead to dramatic changes in the timing and location of death: patients not only began living longer, they were also dying longer, and unlike their predecessors, were more likely to die alone, (...) in institutions, and among strangers. Modern medicine, in its zeal to conquer death, had become obsessed with its curative function and ability to extend the lives of the dying. To many in the medical community, death represented failure and was something to be avoided at all costs, and like many other social problems in the United States, had become medicalized. (shrink)

Stephen Ward argues that present media practices are narrowly based within the borders of single country and thus unable to successfully inform the public about a globalized world. Presenting an ethical framework for work in multimedia, the author extends John Rawl’s theories of justice and the human good to redefine the aims for which journalism should strive and then applies this new foundation to issues such as the roles of patriotism and objectivity in journalism. An innovative argument that presents (...) a necessary corrective to contemporary media practices, Global Journalism Ethics is a theoretically rich study for journalists on the air, in print, and on the internet. (shrink)

Most studies into the performance of socially responsible investment vehicles have focused on the performance of sustainable or socially responsible mutual funds. This research has been complemented recently by a number of studies that have examined the performance of sustainable investment indices. In both cases, the majority of studies have concluded that the returns of socially responsible investment vehicles have either underperformed, or failed to outperform, comparable market indices. Although the impact of sustainable indices to date has been limited, the (...) recent launch of sustainable indices by Dow Jones and FTSE suggests that more attention is being paid to the subject by financial markets, investors, and companies. This development raises a number of important issues which are reviewed in this article: (a) the performance of indices compared with their benchmark indices; (b) the methodologies employed in compiling the indices; and (c) the impact of the indices on companies and the investment community. The article concludes with a number of suggestions for areas that merit future research. (shrink)