The need for conceptual work in marketing ethics is addressed by examining the five techniques of neutralization as a means for partially explaining unethical behaviors by marketing practitioners. These techniques are often used by individuals to lessen the possible impact of norm-violating behaviors upon their self-concept and their social relationships. Borrowed from the social disorganization and deviance literature, the five techniques of neutralization are: (1) denial of responsibility, (2) denial of injury, (3) denial of victim, (4) condemning the condemners and (...) (5) appeal to higher loyalties. Examples of marketing professionals using each of the five techniques are given, and a conceptual model linking the techniques of neutralization with unethical behavior is presented. Finally, relevant research questions are offered for consideration. (shrink)

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

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 onnon-hierarchical compliance mechanisms is likely to be both more effective and consistent with the structure of the emerging transnational order. (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)

According to a natural view of instrumental normativity, if you ought to do φ, and doing ψ is a necessary means for you to do φ, then you ought to do ψ. In “Instrumental Normativity: In Defense of the Transmission Principle,” Benjamin Kiesewetter defends this principle against certain actualist-inspired counterexamples. In this article I argue that Kiesewetter’s defense of the transmission principle fails. His arguments rely on certain principles—Joint Satisfiability and Reason Transmission—which we should not accept in the unqualified forms (...) needed to establish his conclusion. (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)

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)

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)

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)

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.

Are predictions about how one will freely and intentionally behave in the future ever relevant to how one ought to behave? There is good reason to think they are. As imperfect agents, we have responsibilities of self-management, which seem to require that we take account of the predictable ways we're liable to go wrong. I defend this conclusion against certain objections to the effect that incorporating predictions concerning one's voluntary conduct into one's practical reasoning amounts to evading responsibility for that (...) conduct. There is, however, some truth to this sort of objection. To understand the legitimate role of self-prediction in practical reasoning, we need to distinguish instances of coping responsibly with an anticipated failure to behave as one ought, on the one hand, from mere acquiescence in one's flaws, on the other. I argue that, to draw this distinction, we must recognize certain limits on the use of self-prediction as a ground of choice. (shrink)

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)

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.

How, if at all, does one's intention to realize an end bear on the justification for taking the means to that end? Theories that allow that intending an end directly provides a reason to take the means are subject to a well-known "bootstrapping" objection. On the other hand, "anti-psychologistic" accounts—which seek to derive instrumental reasons directly from the reasons that support adopting the end itself—have unacceptable implications where an agent faces multiple rationally permissible options. An alternative, predictive, role for intention (...) in means-end reasoning is considered and rejected. A new proposal is then developed, according to which instrumental reasons are not merely reasons to perform an act necessary for a given end, but to perform the act for the sake of that end. (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)

This book is a comprehensive introduction to media ethics and an exploration of how it must change to adapt to today's media revolution. Using an ethical framework for the new 'mixed media' ethics – taking in the global, interactive media produced by both citizens and professionals – Stephen J. A. Ward discusses the ethical issues which occur in both mainstream and non-mainstream media, from newspapers and broadcast to social media users and bloggers. He re-defines traditional conceptions of journalistic truth-seeking, (...) objectivity and minimizing harm, and examines the responsible use of images in an image-saturated public sphere. He also draws the contours of a future media ethics for the 'new mainstream media' and puts forward cosmopolitan principles for a global media ethics. His book will be invaluable for all students of media and for others who are interested in media ethics. (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)

Is it a good objection to a moral theory that it demands a great deal of individual agents? I argue that if we interpret the question to be about the potential welfare costs associated with our moral obligations, the answer must be “no.” However, the demands a moral theory makes can also be measured in terms of what it requires us to take responsibility for. I argue that this is distinct from what we may be required to do or give (...) up, and that it provides a conception of demandingness that makes better sense of our intuitive reactions. (shrink)

This article proposes 3 principles and 3 imperatives as the philosophical foundations of a global journalism ethics. The central claim is that the globalization of news media requires a radical rethinking of the principles and standards of journalism ethics, through the adoption of a cosmopolitan attitude. The article explains how and why ethicists should construct a global journalism ethics, using a contractualist approach. It then formulates 3 "claims" or principles: the claims of credibility, justifiable consequence, and humanity. The claim of (...) humanity is developed further by the formulation of 3 imperatives: to act as a global agent, to serve world citizens, and to enhance nonparochial understandings. The article concludes by considering some implications of a cosmopolitan attitude for the practice of journalism. (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)

The legalization of physician-assisted suicide remains a hotly debated issue throughout the United States, and continues to capture the attention of government officials at both the state and federal levels. While the practice is currently legal in Oregon, some federal lawmakers and officials from the U.S. Department of Justice have attempted to outlaw that state's practice through legislation, or through a strained interpretation of the federal Controlled Substances Act. And while several citizen groups throughout the United States have attempted but (...) failed to legalize PAS through popular initiative, several state lawmakers have succeeded in specifically outlawing the practice. Yet even though physician-assisted suicide remains unlawful in every state except Oregon, there is ample evidence that American physicians throughout the United States have participated in PAS by providing their terminally ill patients with lethal prescriptions. (shrink)

The legalization of physician-assisted suicide remains a hotly debated issue throughout the United States, and continues to capture the attention of government officials at both the state and federal levels. While the practice is currently legal in Oregon, some federal lawmakers and officials from the U.S. Department of Justice have attempted to outlaw that state's practice through legislation, or through a strained interpretation of the federal Controlled Substances Act. And while several citizen groups throughout the United States have attempted but (...) failed to legalize PAS through popular initiative, several state lawmakers have succeeded in specifically outlawing the practice. Yet even though physician-assisted suicide remains unlawful in every state except Oregon, there is ample evidence that American physicians throughout the United States have participated in PAS by providing their terminally ill patients with lethal prescriptions. (shrink)

According to the view Rik Peels defends in Responsible Belief, one is responsible for believing something only if that belief was the result of choices one made voluntarily, and for which one may be held responsible. Here, I argue against this voluntarist account of doxastic responsibility and in favor of the rationalist position that a person is responsible for her beliefs insofar as they are under the influence of her reason. In particular, I argue that the latter yields a more (...) plausible account of the conditions under which ignorance may serve as an excuse for wrongdoing. (shrink)

This book reports recent landmark developments and the state of the art in NDS science in psychological theory and research.

Some skeptical theists use Wykstra’s CORNEA constraint to undercut Rowe-style inductive arguments from evil. Many critics of skeptical theism accept CORNEA, but argue that Rowe-style arguments meet its constraint. But Justin McBrayer argues that CORNEA is itself mistaken. It is, he claims, akin to “sensitivity” or “truth-tracking” constraints like those of Robert Nozick; but counterexamples show that inductive evidence is often insensitive. We here defend CORNEA against McBrayer’s chief counterexample. We first clarify CORNEA, distinguishing it from a deeper underlying principle (...) that we dub “CORE.” We then give both principles a probabilistic construal, and show how, on this construal, the counterexample fails. (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.

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)

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)