The modern corporation offers significant potential to contribute to the human rights project, in part because it is free from the challenges posed by national sovereignty. That promise has begun to be realized in businesses practicing corporate due diligence with regard to the human rights of persons involved in or affected by those enterprises. Yet due diligence preserves the self-seeking orientation of the conventional corporation and seeks only to protect itself from committing human rights abuses. This approach, typified (...) by the UN Guiding Principles on Business and Human Rights, does not address background conditions for and root causes of vulnerability to human rights abuses. My alternative, the human rights corporation, takes an other-regarding orientation that advances human rights within the corporation and in its human, social, economic, and natural environments. It moves beyond the due diligence carrot-and-stick model to a model in which the corporation produces not only goods and services but also human rights consciousness and practice as well. (shrink)

Odious debts are debts incurred by a government without either popular consent or a legitimate public purpose. There is a debate within academic circles as to whether the successor government to a regime that incurred odious debts has the right to repudiate repayment.

Abstract As non-state actors, PMSCs are not embraced by traditional state-dominated doctrines of international law. However, international law has itself failed to keep pace with the evolution of states and state-based actors, to which strong Westphalian notions of sovereignty are no longer applicable. It is argued that these structural inadequacies stand in the way of international regulation of PMSCs, rather than defects in international human rights and humanitarian law per se. By analyzing understandings of legal responsibility, where such structural issues (...) come to the fore, it is argued that, rather than attempting to resolve the essentially ideological dispute about the inherent functions of a state, regulatory regimes should focus on the positive obligations of states and PMSCs, and the interactions between them. Applying the results of this analysis, current and proposed regulatory regimes are evaluated and their shortcomings revealed. (shrink)

The ‘Guiding Principles on Business and Human Rights’ (Principles) that provide guidance for the implementation of the United Nations’ ‘Protect, Respect and Remedy’ framework (Framework) will probably succeed in making human rights matters more customary in corporate management procedures. They are likely to contribute to higher levels of accountability and awareness within corporations in respect of the negative impact of business activities on human rights. However, we identify tensions between the idea that the respect of human rights is a perfect (...) moral duty for corporations and the Principle’s ‘human rights due diligence’ requirement. We argue that the effectiveness of the ‘human rights due diligence’ is in many respects dependent upon the moral commitment of corporations. The Principles leave room for an instrumental or strategic implementation of due diligence, which in some cases could result in a depreciation of the fundamental norms they seek to promote. We reveal some limits of pragmatic approaches to coping with business-related human rights abuses. As these limits become more apparent, not only does the case for further progress in international and extraterritorial human rights law become more compelling, but so too does the argument for a more forceful discussion on the moral foundations of human rights duties for corporations. (shrink)

As recently stakeholders complain about the use of conflict minerals in consumer products that are often invisible to them in final products, firms across industries implement conflict mineral management practices. Conflict minerals are those, whose systemic exploitation and trade contribute to human right violations in the country of extraction and surrounding areas. Particularly, supply chain managers in the Western world are challenged taking reasonable steps to identify and prevent risks associated with these resources due to the globally dispersed nature of (...) supply chains and the opacity of the origin of commodities. Supply chain due diligence represents a holistic concept to proactively manage supply chains reducing the likelihood of the use of conflict minerals effectively. Based on an exploratory study with 27 semi-structured interviews within five European industries, we provide insights into patterns of implementation, key motivational factors, barriers and enablers, and impacts of SCDD in mineral supply chains. Our results contribute to both theory and practice as we provide first insights to SCDD practices and make recommendations for an industry-wide implementation of SCDD. Altogether, this study provides the basis for future theory testing research in the context of SCDD and conflict mineral management. (shrink)

A nexus of imperfect duty, defined as positive commitments that have practical limits, describes business behavior toward building affable and virtuous relations, maintaining reasoned social discourse, and performing the due diligence necessary for making knowledgeable business decisions. A theory of the development and extent of the limits of these imperfect managerial duties is presented here, a theory that in part explains the activities and personnel included under the firm’s umbrella. As a result, the nexus of imperfect duty is shown (...) to complement the perfect-duty-based nexus-of-contracts theory of the firm. The existence of flexible trade-offs involving these duties, trade-offs limited by contractual arrangements whether explicit or implicit, is shown to be one of the advantages of imperfect duty for developing business relations. (shrink)

Data-driven technologies have come to pervade almost every aspect of business life, extending to employee monitoring and algorithmic management. How can employee privacy be protected in the age of datafication? This article surveys the potential and shortcomings of a number of legal and technical solutions to show the advantages of human rights-based approaches in addressing corporate responsibility to respect privacy and strengthen human agency. Based on this notion, we develop a process-oriented model of Privacy Due Diligence to complement existing (...) frameworks for safeguarding employee privacy in an era of Big Data surveillance. (shrink)

The purpose of the present article is to analyse South African listed companies' public reporting in order to contribute to our understanding of how and why companies consider human rights. The empirical analysis is placed in the context of the increasing prominence of human rights as a business issue, premised in part on the activities of the United Nations (UN) Special Representative of the Secretary General (SRSG) on human rights and business. On the basis of a content analysis of the (...) public reports of the top 100 companies listed on the Johannesburg Stock Exchange (JSE), we test hypotheses focused on the antecedents of companies' demonstrated human rights due diligence, with particular reference to assumptions or findings of the SRSG and institutional theory. Some of our results are unexpected: there is little influence exerted by the sector and size of companies in our sample, and there is also an unexpectedly insignificant impact of company participation in the UN Global Compact and the JSE Socially Responsible Investment Index. On the other hand, a key predictor of human rights due diligence is an explicit leadership commitment, and important roles are also played by government regulations and stock exchange listing rules. (shrink)

The Maputo Protocol, adopted in 2003, was intended to counterbalance the normative deficiencies of the African Charter with respect to women’s rights. However, 15 years down the line, there is not much case law on the Protocol. The ECOWAS Court made its first pronouncement on the Protocol in 2017 in Dorothy Njemanze & 3 Others v. The Federal Republic of Nigeria. This paper analyses three gender-based violence decisions by the Ecowas Court: Dorothy Njemanze, Aminata Diantou Diane and Mary Sunday cases. (...) The paper examines the potential of the Protocol and the due diligence principle in influencing the Ecowas Court’s jurisprudence on women’s rights and makes recommendations. (shrink)

The article is guided by two main research questions: First, do the Equator Principles (EPs), a voluntary CSR-initiative in the project finance sector, and the recently published working paper of the Thun Group of Banks adequately address the U.N. Guiding Principles on Business and Human Rights or do they fall behind the ‘Ruggie framework’? Second, is the demand for human rights due diligence sufficient to classify the EPs as a positive and leverage-based concept of CSR (à la Wettstein and (...) Wood) or is this requirement still a feature of a negative and impact-based concept of CSR? In case it is a negative and impact-based concept of CSR, the question comes up which further steps should be taken by financial institutions to fulfill their positive and leverage-based responsibilities. The article argues that positive and leverage-based responsibilities for multinational companies exist – due to the moral nature of human rights and due to the political authority of multinational companies – and that the current (Ruggie-like) requirements for human rights due diligence are not adequate for a positive and leverage-based concept of CSR. Further measures should be taken by multinational companies – and especially (Equator) banks which possess a high leverage-influence over their clients – to not only ensure the respect for human rights, but also the on-the-ground protection and realization of human rights. (shrink)

Assessing social risks has proven difficult for IRBs. We undertook a novel effort to empirically investigate social risks before an HIV prevention trial among drug users in Thailand and China. The assessment investigated whether law, policies and enforcement strategies would place research subjects at significantly elevated risk of arrest, incarceration, physical harm, breach of confidentiality, or loss of access to health care relative to drug users not participating in the research. The study validated the investigator's concern that drug users were (...) subject to serious social risks in the site localities, but also suggested that participation in research posed little or no marginal increase in risk and might even have a protective effect. Our experience shows that it is feasible to inform IRB deliberations with actual data on social risks, but also raises the question of whether and when such research is an appropriate use of scare research resources. (shrink)

In the legal domain, ontologies enjoy quite some reputation as a way to model normative knowledge about laws and jurisprudence. This paper describes the methodology followed when developing the ontology used by the second version of the prototype Iuriservice, a web-based intelligent FAQ for judicial use. This modeling methodology has had two important requirements: on the one hand, the ontology needed to be extracted from a repository of professional judicial knowledge (containing nearly 800 questions regarding daily practice). Thus, the construction (...) of ontologies of professional judicial knowledge demanded the description of this knowledge as it is perceived by the judge. On the other hand, due to the distributiveness of the environment, there was a need for controlled discussion and traceability of the arguments used in favor or against the introduction of a concept X as part of the domain ontology. This paper presents the Ontology of Professional Judicial Knowledge (OPJK), extracted manually from the selection of relevant terms from judicial practice questions and modeled according to the DILIGENT methodology. We will show that DILIGENT has proved to be a methodology that facilitates the ontology engineering in a distributed environment, although appropriate tool support needs to be developed. (shrink)

Business actors create and operate in global production networks that bring them in contact with regulatory frameworks across multiple levels and domains. Importantly, they also participate in shaping those regulatory frameworks. But what are the specific interests they pursue in their involvement in regulation? Traditionally, scholars tended to assume that the focus of business actors is primarily on avoiding (stringent) public regulation. Recent developments have highlighted a broader range of business interests, however. Accordingly, this paper investigates business positions on the (...) ascription of duties and rights in regulation, specifically in the fields of due diligence, supply chain liability, and extraterritorial jurisdiction. The paper explores these issues in the context of business regulation in the field of Human Rights, looking at the United Nations Guiding Principles on human rights, their German implementation in the ‘Nationaler Aktionsplan Wirtschaft und Menschenrechte’ and the associated processes, in particular. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2014 Heft: 202 Seiten: 207-240.

Side effects are ubiquitous in medicine and they often play a role in treatment decisions for patients and clinicians alike. Philosophers and health researchers often use side effects to illustrate issues with contemporary medical research and practice. However, technical definitions of ‘side effect’ differ among health authorities. Thus, determining the side effects of an intervention can differ depending on whose definition we assume. Here I review some of the common definitions of side effect and highlight their issues. In response, I (...) offer an account of side effects as jointly (i) unintended and (ii) effects due to the causal capacities or invariances of an intervention. I discuss (i) by examining the intentions or reasons behind therapeutic interventions, and I discuss (ii) by appealing to a manipulationist model of causation. The analysis here highlights that side effects are conceptually distinct from related outcomes like adverse events, adverse drug reactions, and placebo effects. The analysis also allows for reflection on the utility of ‘side effect’ as a technical term in medical research and practice. (shrink)

Recent works have suggested an analytical complementarity in mixing big and thick data sources. These works have, however, remained as programmatic suggestions, leaving us with limited methodological inputs on how to archive such complementary integration. This article responds to this limitation by proposing a method for ‘blending’ big and thick analytical insights. The paper first develops a methodological framework based on the cognitivist linguistics terminology of ‘blending’. Two cases are then explored in which blended spaces are crafted from engaging big (...) and thick analytical insights with each other. Through these examples, we learn how blending processes should be conducted as a rapid, iterative and collaborative effort with respect for individual expertise. Further, we demonstrate how the unique, but often overlooked, granularity of big data plays a key role in affording the blending with thick data. We conclude by suggesting four commonly appearing blending strategies that can be applied when relying upon big and thick data sources. (shrink)

Face-to-face interaction is a primordial site for human activity and intersubjectivity. Empirical studies have shown how people reflexively exhibit a face orientation and work to establish a formation in which everyone is facing each other in local participation frameworks. The Face has also been described by, e.g., Levinas as the basis for a first ethical philosophy. Humans have established these Face-formations when interacting since time immemorial, but what happens when one of the participants is present through a telepresence robot? Based (...) on ethnomethodology, Peircean/goodwinian semiotics, multimodal conversation analysis and video data from a Danish residential rehabilitation center, the article shows the ways in which participants manage to interactively, cooperatively, and moment by moment achieve an F-formation in situ. The article contributes a detailed analysis and discussion of the kind of participant a telepresence robot is, in and through situated interactions: I propose that we term this participant the RoboDoc, given that it is an assemblage of a doctor who controls a robot. By focusing on the affordances of mobility, the article contributes to a renewed understanding of the importance and relevance of establishing Face-orientations in an increasingly technofied telepresence world. (shrink)

The underreporting of suspected adverse drug reactions hinders pharmacovigilance. Solutions to underreporting are oftentimes directed at clinicians and health care professionals. However, given the recent rise of public inclusion in medical science, solutions may soon begin more actively involving patients. I aim to offer an evaluative framework for future possible proposals that would engage patients with the aim of mitigating underreporting. The framework may also have value in evaluating current reporting practices. The offered framework is composed of three criteria that (...) are bioethical, social-epistemic, and pragmatic: (i) patients should not be exposed to undue harms, e.g., nocebo effects; (ii) data should be collected, analyzed, and communicated prioritizing pharmacovigilance’s aims, i.e., free from industry bias; and (iii) proposals should account for existing and foreseeable pragmatic constraints like clinician ‘buy in’ and existing reporting infrastructure. Proposals to engage patients in pharmacovigilance that fulfil or address these criteria are preferable to those that do not. (shrink)

Journal Name: Semiotica Issue: Ahead of print.

This book provides a clear and concise introduction to the philosophy of Gilles Deleuze. It analyses his key theoretical concepts, such as difference and the body without organs, and covers all the different areas of his thought, including metaphysics, the history of philosophy, psychoanalysis, political theory, the philosophy of the social sciences and aesthetics. As the first book to offer a comprehensive analysis of Deleuze's writings, it reveals both the internal coherence of his philosophy and its development through a series (...) of distinct phases. Reidar Due offers an entirely new interpretation of Deleuze's philosophy, centred around the notion of thought as a capacity to form relations. These relations are embodied in nature, in language and in the unconscious; in art, science and social practice. With this concept of embodied thought, Deleuze challenges our most entrenched beliefs about the self and about signs whether linguistic or social. He develops an original theory of power and social systems and presents a method for understanding any signifying practice, from language and ritual to the unconscious, including cinema, literature and painting. Due analyses the different strands in this theoretical edifice and shows its implications for a wide range of human sciences, from history and psychology to political theory and cultural studies. (shrink)

Trusting and its Tribulations -- Contents -- Illustrations -- Preface -- Introduction -- 1 Unfixed Trust -- 2 Witchcraft -- 3 Trusting the Untrustworthy -- 4 The Puzzle of the Animal Witch -- 5 'Sharing Secrets' -- 6 Eddies of Distrust -- 7 Intimate Documents -- 8 Trustworthy Bodies -- 9 Habitus of Trust -- 10 'You Can Tell the Company We Done Quit' -- Index.

In this paper, we study the interactional organization of an instructed object exploration among sighted and visually impaired people (VIPs) in order to contribute to studies of instructional activities and the observable accomplishment of haptic perception. We do this by showing the situated, interactional, and co-operative organization of achieving object understanding. We focus on the dynamics of haptic perception as being reliant on instructions, while at the same time being an observable production that furnishes further instructions. We show the organization (...) of visual and verbal instructions versus the touching of objects for haptic perception. Based on ethnomethodological conversation analysis of video data, we study a VIP’s haptic actions in interaction with a professional, sighted ICT consultant who provides instructions on what an object is and what it can do. We show how the instructions are sequentially adjusted to make them relevant for a simultaneous, emerging exploration in which the VIP uses their hands and fingers to perceive very specific details of the object. We argue that achieving object understanding is accomplished in and through the fine-tuned coordination of haptic exploration, both as a response to verbal instructions and also as a means of conveying perception-related actions, which the ICT uses to build new actions. The paper thus makes a case for instructed and distributed haptic perception as observable in social interaction and as a resource for building object understanding within phenomenal fields. (shrink)

Exploratory experiments are widely characterized as experiments that do not test hypotheses. Experiments that do test hypotheses are characterized as confirmatory experiments. Philosophers have pointed out that research programmes can be both confirmatory and exploratory. However, these definitions preclude single experiments being characterized as both exploratory and confirmatory; how can an experiment test and not test a hypothesis? Given the intuition that some experiments are exploratory, some are confirmatory, and some are both, a recharacterization of the relationship between exploratory and (...) confirmatory experimentation is needed. I discuss ‘phase IV’ trials to show what this recharacterization could look like. Phase IV trials can be exploratory and confirmatory insofar as they concurrently test hypotheses and explore for unforeseen phenomena. Even if it is uncontroversial that a single experiment can have multiple aims, the recharacterization of the relationship between exploratory and confirmatory experimentation is still required for these aims to be held together coherently. I offer an alternative characterization of the relationship between exploratory and confirmatory experimentation where the former remains a distinct kind of experimentation but is not characterized as non-hypothesis-testing. (shrink)

Gilles Deleuze famously expressed distaste for the philosophy of Ludwig Wittgenstein and his followers. The two thinkers are here seen as irreconcilable. The critique of false problems and the refutation of scepticism found in Wittgenstein have no resonance in Deleuze, who was a systematic metaphysical philosopher in the tradition of pre-Kantian rationalism. Pragmatic-sceptical self-limitation of thought's capabilities on the grounds of existing practice flies in the face of aesthetic experience. Moreover Deleuze explicitly upholds modern literature as a locus of philosophical (...) innovation. The comparison between Deleuze and Wittgenstein is pursued in an examination of the questions of ‘rule following’, literary practice and semiotics. Deleuze was hostile to ‘pragmatism’, whereas Wittgenstein and his followers could often be described as pragmatists. (shrink)

This essay raises some questions concerning the method and conceptual structure of Sartre's Being and Nothingness. Three substantially different types of interpretation of this text have been put forward. One of the main issues separating the three interpretative strategies is the relationship that they each establish between Sartre's three fundamental concepts: consciousness, nothingness and freedom—each of which can be seen to play the fundamental role in the argument. It therefore seems crucial for any interpretation of Being and Nothingness to determine (...) the exact relationship between these terms. However, Being and Nothingness presents a hybrid argument that interweaves metaphysical deduction, phenomenological description and moral-existential argument in a way that makes it almost impossible to decide which of the strands of the argument should be seen to dominate the others. It is therefore perhaps equally difficult to ascertain which of its principal concepts has the most central place in the system. One could therefore argue that a reading of Being and Nothingness should aim to account for (rather than dismiss) the hybridity of the argument and then seek to assign relative functions to its different strands. The following remarks are intended as a step in that direction. (shrink)

This book is about film's encounter with love throughout the medium's history. It is also about the philosophy of love... [it] outlines a new metaphysics and ontology of love as a reciprocal erotic relationship. This study argues that film's special narrative language is particularly well suited to depicting love in this way. It begins with early silent directors, such as Joseph von Sternberg, and concludes with contemporary filmmakers, such as Sophia Coppola; it also compares classical French and American love films (...) of the 1940s with modernist films by Luis Buñuel, François Truffaut, and Wong Kar Wai, amongst many others"--Page [4] of cover. (shrink)

L’article propose une analyse de la gestion politique de la pandémie, élaborant un concept de domination nouvelle qui, du côté de l’Etat comme du côté du citoyen, et des attitudes normatives que l’on attend de lui, aurait été caractérisé par un type de réflexion rationnelle à échelle temporelle brève. L’article analyse les implications temporelles et politiques de ce lien de domination nouveau en comparant la raison d’Etat des gouvernements occidentaux durant la pandémie à des conceptions du pouvoir défini en termes (...) d’idéologie ou de “biopolitique”. Ensuite, il cherche à déterminer la nature du citoyen-sujet qui entre dans cette nouvelle forme de domination par comparaison avec trois formes de subjectivité canoniques : le sujet kantien, l’individu sociologique et la subjectivité contingente et éthique théorisée par Hannah Arendt. Par ce biais, il définit la singularité du citoyen-sujet nouveau par sa réactivité. (shrink)

Side effects are a concern in medical decision making and a robust area of biomedical research. However, there is relatively little philosophical investigation into side effects as such, especially given that side effects are appealed to for various applications in philosophy of medicine. In addition, health authorities like the FDA, CDC, and WHO have contrary definitions of ‘side effect.’ Moreover, these definitions have clear counterexamples. This dissertation aims to provide a complete account of what side effects are. I posit that (...) an account of side effects ought to draw clean conceptual lines between side effects and related treatment outcomes. I contend that an account of side effects must address two components: the reasons behind an intervention that produced the side effect, and the causal powers of the intervention that brought about that effect. With this account in mind, I address contemporary philosophical models that distinguish placebo effects from side effects. These arguments, respectively in chapters 2 and 3, yield a more complete, less problematic account of side effects than previous accounts. The dissertation then turns to the process of discovering side effects, specifically in the post-market context. Given the paucity of external validity in pre-market drug trials, chapter 4 argues that post-market ‘phase IV’ trials blur the received distinction of ‘confirmatory’ versus ‘exploratory’ experimentation in philosophy of science. The other component of post-market drug research is spontaneous reporting, or the voluntary reporting of a suspected side effect to a regulatory body. Chapter 5 uses the framework of risks and values in science to examine why clinicians underreport, which hinders our ability to prevent drug-related harms. Chapter 6 looks at how patients could mitigate underreporting and develops a social-epistemic, pragmatic, and ethical framework which can evaluate proposals to engage patients to spontaneously report their suspected side effects. In short, this dissertation aims to firstly address the conceptual problems in how we define ‘side effect’ and relate it to other treatment outcomes, and secondly it addresses issues that hinder the scientific investigation of side effects. (shrink)

This paper seeks to present a kind of skeptical, and, in an indirect way, Wittgensteinian perspective upon purpose and meaning in architecture. The argument presented here revolves around the two notions that, first, there are different categories, which we have available for making architecture seem intelligible to us, and, second, that there are distinct historical discourses in which architecture has been made intelligible in specific ways.

This chapter contains sections titled: Meet the Celebrity Moms How to be a Good Mother Working Mothers How to be a Bad Mother Conclusion: Mothering as Boring Notes.

Fiona Allon writes that “ home, now more than ever, is seen as firmly connected to the world of politics and economics, as actively shaped and defined by the public sphere rather than existing simply as a refuge from it.” 1 From this perspective, claims to home as they are located in a relationship to claims of both national and local belonging are often a contested site within Australia, where notions of who is seen to be at home in Australia (...) are constantly being challenged and reworked. Structured around the desire amongst white people to retain Australia as a “white nation,” claims to home may be seen as operating in complex ways in regards to the rights that arise from the ongoing existence of Indigenous sovereignties, and the politics surrounding levels of immigration from groups of people perceived as belonging to minority racial groups. In this context, the notion of home is frequently drawn upon in relation to both how people perceive the way in which they, and others, belong in a country, and this raises questions surrounding who is legitimately able to call Australia home. Such discourses of home evoke feelings of ownership in people who feel that they have a legitimate claim to a country for reasons primarily of race or location of birth. In Australia, despite the powerful presence and voice of Indigenous peoples, popular perceptions of the country tend to place such homely rights firmly in the laps of white people, who, through images of white nuclear families in front of white picket fences, perceive themselves as already and rightfully at home in Australia. Yet such conceptions of Australia are not accepted without struggle. Notions of home are very much contested, especially in terms of Indigenous sovereignty and non-white immigration, both of which question the legitimacy of a normatively white Australia. Such ideas of home as being a contested space in which issues of national belonging are played out in Australia were seen quite clearly in relation to the 2005 Cronulla riots, in which thousands of white Australians gathered around Cronulla beach, shouting at and threatening those located as “Lebanese Muslim” people. The people involved in the riots made it quite clear that whilst Australia was a home for them, it ought not to be home to people who were identified as Lebanese Muslims. Such racist opinions exemplified the fact that Australia is seen to be a white country, and therefore as a legitimate home to white people rather than to non-white minority groups or even to Indigenous Australians. This is discussed in more detail later in this paper. (shrink)

While private sector investment plays a key role in fostering sustainable economic development in developing countries, respect for internationally recognized worker rights is also a vital component. The paper presents a methodology to assist investors in largescale private infrastructure and other industry sector projects to utilize internationally recognized core labor rights and related standards for fostering sound labor management. The methodology involves due diligence or analysis of labor conditions and subsequent supervision and monitoring of performance and promotes the use (...) of best practices to complement existing minimum requirements. Case study examples are presented and challenges in applying the approach are discussed. (shrink)

Whilst feminist commentators have long critiqued surrogacy as a practice of commodification, surrogacy as a mode of family formation continues to grow in popularity. In this paper we explore public representations of surrogacy through a discourse analytic reading of submissions made in Australia to an Inquiry regarding surrogacy legislation. The findings suggest that many submissions relied upon normative understandings of surrogates as either ‘good women’ or ‘bad mothers’. This is of concern given that such public representations may shape the views (...) of those who utilize surrogacy services in ways that limit attention to the ethics of surrogacy. (shrink)