This article grapples with the causes of India’s microfinance crisis. By contrasting Bangladesh’s highly successful Grameen model with the allegedly “universalizable” version of India’s SKS Microfinance, trust or social capital is isolated—not just narrowly interpreted within standard economic theory, but more broadly construed—as the essential element accounting for the early success of microfinance. It is argued that the microfinance experience has been widely misinterpreted, in both analytical and policy terms. This article suggests inherent limits in extending the model to for-profit (...) institutions and, in particular, to the pace of scaling up. (shrink)

Acting as part of a corporation may allow an individual more easily to rationalize participating in a harmful act, but there are countervailing forces in corporate action that increase moral oversight and accountability. Making use of group agency to explain membership as a special feature of some corporate agents, I argue that when someone becomes a member of an organized group like a company, their own moral responsibility becomes entangled with the decisions of other members of the company, (...) whether or not they intend this effect. This moral entanglement in corporate decision-making explains why individuals have a moral obligation to act in their role as a corporate officer when they would not have an obligation to act in a personal capacity even if they had identical knowledge. The entanglement affects the individual’s own moral status and the moral status of the company itself. Moral entanglement of corporate decision-makers provides a principled explanation for a rule that is present in corporate criminal law that corporate officers with knowledge that another employee is about to commit a crime must actively intervene, and cannot rely on their status as bystanders. (shrink)

Criminal liability of legal entities was legitimised in the Republic of Lithuania nine years ago, and in the ruling of the Constitutional Court of 8 June 2009, a conclusive confirmation on its accordance with the Constitution was made. It should be noted that this penal law novelty (providing the extension of the concept of criminal offence subject) caused considerable debate among Lithuanian scientists. One of the most controversial issues of this penal law novelty are the exceptions listed in Article (...) 20(5) of the Criminal Code. (shrink)

This collection of contemporary essays by a group of well-known philosophers and legal theorists covers various topics in the philosophy of law, focusing on issues concerning liability in contract, tort and criminal law. The book is divided into four sections. The first provides a conceptual overview of the issues at stake in a philosophical discussion of liability and responsibility. The second, third and fourth sections present, in turn, more detailed explorations of the roles of notions of (...) class='Hi'>liability and responsibility in contracts, torts and punishment. The collection not only presents some of the most challenging work in legal philosophy, but it also demonstrates the interdisciplinary character of the field of philosophy of law, with contributors taking into account recent developments in economics, political science and rational choice theory. This thought-provoking volume will help to shed light on the underexplored ground that lies between law and morals. (shrink)

Those of us who are not pacifists face an obvious challenge. Common-sense morality contains a stringent constraint on intentional killing, yet war involves homicide on a grand scale. If wars are to be morally justified, it needs be shown how this conflict can be reconciled. A major fault line running throughout the contemporary just war literature divides two approaches to attempting this reconciliation. On a ‘reductivist’ view, defended most prominently by Jeff McMahan, the conflict is largely illusory, since such killing (...) can be justified by aggregating individuals’ ordinary permissions to use force in self- and other-defence. In opposition, a rival ‘nonreductivist’ approach holds that these considerations are insufficient for the task. One prominent version of non-reductivism grounds the permission to kill in combatants’ membership in certain kinds of group or association. The key claim is that participation in certain morally important relationships can provide an independent source of permission for killing in war. This paper argues that non-reductivism should be rejected. It does so by pushing a dilemma onto non-reductivists: if they are successful in showing that the relevant relationships can generate permissions to kill in war, they must also jettison the most intuitive restrictions on conduct in war—the constraint on intentionally killing morally innocent non-combatants most saliently. Since this conclusion is unacceptable, non-reductivism should be rejected. (shrink)

One of the most striking features of Athenian laws regulating commercial activities is the absence of any concept akin to the modern legal notion of the partnership or corporation. Despite the presence in Athenian society of numerous koinoniai, groups of individuals cooperating for some purpose, be it commercial or otherwise, Athenian law concerned itself solely with individual persons and did not recognize the separate legal existence of collective entities. And just as Athenian law did not recognize the legal existence of (...) partnerships or corporations, it also did not possess the notion of corporate liability. This meant that if someone entered into an agreement with a group of individuals and one of those individuals violated the terms of the agreement, the plaintiff proceeded only against the individual who acted contrary to the agreement, not against the group as a whole. If the plaintiff won his suit, he only had a right to receive compensation from the defendant's private property; he did not have a claim on all the funds held in common by the group. (shrink)

The aim of this exploratory paper is to review an under-appreciated parallel between group agency and artificial intelligence. As both phenomena involve non-human goal-directed agents that can make a difference to the social world, they raise some similar moral and regulatory challenges, which require us to rethink some of our anthropocentric moral assumptions. Are humans always responsible for those entities’ actions, or could the entities bear responsibility themselves? Could the entities engage in normative reasoning? Could they even have rights (...) and a moral status? I will tentatively defend the (increasingly widely held) view that, under certain conditions, artificial intelligent systems, like corporate entities, might qualify as responsible moral agents and as holders of limited rights and legal personhood. I will further suggest that regulators should permit the use of autonomous artificial systems in high-stakes settings only if they are engineered to function as moral (not just intentional) agents and/or there is some liability-transfer arrangement in place. I will finally raise the possibility that if artificial systems ever became phenomenally conscious, there might be a case for extending a stronger moral status to them, but argue that, as of now, this remains very hypothetical. (shrink)

Are groups ever capable of bearing responsibility, over and above their individual members? This chapter discusses and defends the view that certain organized collectives – namely, those that qualify as group moral agents – can be held responsible for their actions, and that group responsibility is not reducible to individual responsibility. The view has important implications. It supports the recognition of corporate civil and even criminal liability in our legal systems, and it suggests that, by recognizing (...) class='Hi'>group agents as loci of responsibility, we may be able to avoid “responsibility gaps” in some cases of collectively caused harms for which there is a shortfall of individual responsibility. The chapter further asks whether the view that certain groups are responsible agents commits us to the view that those groups should also be given rights of their own and gives a qualified negative answer. (shrink)

According to Jonathan Quong’s _moral status account_ of liability to defensive harm, an agent is liable to defensive harm only when she mistakenly treats others as if their moral status is diminished (for example, as if they lack a right that they in fact possess). Quong argues that, by the lights of the moral status account, a conscientious driver (Driver) who faultlessly threatens to kill Pedestrian is not liable to defensive harm. Quong argues that Driver’s action is evidence-relative permissible, (...) despite the risks it imposes, because the general practice of prudent driving is permissible. The practice is permissible because (a) its risks do not disproportionately fall on some groups rather than others, (b) the threatened harms are incidental, and (c) the risk that driving imposes is acceptable in light of the benefits everyone derives from driving. Because the correct moral theory tells us that prudent driving is permissible, Pedestrian lacks a right that Driver refrain from driving. Hence, Driver does not, by driving, treat Pedestrian as lacking a right that Pedestrian in fact possesses. Driver is not liable to defensive force. I argue, against Quong, that cost–benefit analyses of types of risky activity cannot justify individual tokens of risk imposition. Actions that risk incidentally harming others must be justified by the prospective benefits of that token action. Hence, Driver’s imposition of risk on Pedestrian cannot be justified by the benefits of the general practice of driving. I argue that the permissibility of Driver’s imposing risk on Pedestrian via prudent driving turns on whether Driver is willing to internalise at least the foreseeable costs of that risky action. One can lack a right that a person refrain from performing a risky action whilst possessing a right not to be harmed by that risky action. Even if Pedestrian cannot reasonably demand that Driver refrain from driving, she can reasonably demand that Driver refrain from forcing her to bear the costs of his driving. (shrink)

Christian List argues that responsibility gaps created by viewing artificial intelligence as intentional agents are problematic enough that regulators should only permit the use of autonomous AI in high-stakes settings where AI is designed to be moral or a liability transfer agreement will fill any gaps. This work challenges List’s proposed condition. A requirement for “moral” AI is too onerous given technical challenges and other ways to check AI quality. Moreover, transfer agreements only plausibly fill responsibility gaps by applying (...) independently justified group responsibility attribution norms such that AI does not raise unique regulatory norms. (shrink)

There is much law and many guidelines surrounding the whole issue of the indemnity for human volunteers when it comes to clinical trials. The system that had been put in place to protect individual volunteer drug trialists seems largely to have worked by the fact that there are so few examples of legal cases being issued. However, recent events have shown that when the system fails it fails somewhat spectacularly. The difficulty for groups such as the ethics committee is that (...) lawyers look for targets to try and meet the difference between the claims and the monies available and it might therefore always be possible that the ethics committee becomes centre stage in terms of the pursuit of the action. (shrink)

Although vicarious liability for the acts of co-conspirators is firmly entrenched in federal courts, no adequate theory explains how the act and intention of one conspirator can be attributed to another, simply by virtue of their criminal agreement. This Article argues that the most promising avenue for solving the Pinkerton paradox is an appeal to the collective intention of the conspiratorial group to commit the crime. Unfortunately, misplaced skepticism about the notion of a group will has prevented (...) criminal scholars from embracing the notion of a conspiracy's collective intention to commit a crime. However, positing group intentions requires only that the criminal law recognize the rational relationships between individuals who decide to collectivize reason to pursue a common criminal goal; no burdensome theory of corporate animals with unified minds is required. After exploring the different rational structures that a conspiracy can have, the Article outlines the circumstances when vicarious liability could be justified. Specifically, liability must be limited to participants in tightly knit conspiracies who engage in the kind of common deliberation that is capable of yielding collective intentions. A further consequence of this theory is that liability must be restricted to acts that fall within the scope of the criminal plan, not just acts that should have been reasonably foreseeable to members of the conspiracy. (shrink)

The question of why group-differentiated rights might be a requirement of justice has been a central focus of identity politics in recent decades. I attempt to bring some clarity to this discussion by proposing a typology to track the various ways in which individuals can be harmed or benefited as a consequence of their membership in social groups. It is the well-being of individuals that group-differentiated rights should be understood as protecting, and so clarity on the relationship between (...) group membership and well-being is vital. One of the problems with the way in which such justifications have often been formulated in the past has been that they inadvertently position the group as a handicap to be overcome, rather than a value to be protected. I seek to overcome this limitation by clearly specifying the circumstances under which group membership is a liability, and the circumstances under which it has value. While this distinction is important, in both cases there is a relevant interest at stake, and thus the groundwork can be laid for a defence of group-differentiated rights. (shrink)

States commit wrongs that demand redress. In her recent book, Avia Pasternak considers the circumstances under which it is legitimate to impose the cost of redress upon the state’s citizens at large. Her answer is that it is legitimate to impose reparative burdens on citizens only when they participate in their state intentionally, specifically, when they intend to play their part in maintaining state institutions. The book thus has revisionary implications for current international legal practice, given reparative burdens are currently (...) imposed upon states no matter their internal relations. The book’s persuasive argument will be of interest not only to scholars of normative political theory and social ontology, but also international legal theorists. That said, its core claim that citizen participation must be ‘genuine’ would benefit from further specification through future scholarship. (shrink)

Micro Credit (MC) programs lend money to poor borrowers using innovative mechanisms such as group lending under joint liability while successfully accounting for the presence of asymmetric information in underdeveloped financial markets. MC programs have achieved what the conventional financial institutions and the government have not been able to: lend to the poor, impressive loan recuperation, and a positive impact in poverty reduction. This article analyzes the performance of ALSOL, an MC program in Chiapas, México, for 2151 participants (...) in urban and rural areas for the time period between July 2000 and July 2001. While loan recuperation is high (95%), administrative costs also remain high. Socially responsible lenders and donors play a key role in providing continuous funding to MC programs and assisting in reducing the level of poverty. (shrink)

This article will explore some previously unrecognised legal and ethical issues associated with informal care-giving and criminal justice in the context of end of life decision-making. It was prompted by a recent case in Leeds Crown Court, which raises important issues for the people who care for their loved ones at home and for the criminal justice system more generally. Government figures estimate that over 5.2 million Britons are responsible for the care of relatives or loved ones. In order to (...) evaluate some of the ways in which they might find themselves exposed to unexpected criminal liability we have characterised this group as untrained carers who assume responsibility. (shrink)

Contemporary academic and policy discussions of corporate governance tend to accord primacy to the interests of shareholders. While the primacy (descriptive or prescriptive) of shareholders is argued for in various ways, others seek to promote a wider stakeholder model of the firm and its governance. In both cases, the interests of creditors tend to be neglected. In this paper, the fundamental position of creditors in a system of corporate law that offers limited liability is reasserted and explained, and the (...) implications explored. It is demonstrated that there are, in effect, two modes of governance possible for a limited liability corporation: the “normal” mode, when shareholders’ interests are primary, and the “distressed” mode, when creditors’ interests are paramount. As a result of this analysis, writers on corporate governance who are influenced by certain managerial myths or economic theories of the firm are encouraged to view the position of shareholders in a more informed light. Writers on business ethics, who often find themselves contending, perhaps implicitly, with inappropriate understandings of the nature of business corporations and their governance, are similarly alerted to the weakness of certain positions perceived as antithetical to their agenda. Finally, business ethicists who advocate a stakeholder perspective are encouraged to recognize the position of creditors and to pay more attention to them as a stakeholder group. (shrink)

: When suggesting that we—the affluent in the developed world—are legitimate targets of defensive force due to our contribution to global poverty one is likely to be countered by one of two strategies. The first denies that we contribute to global poverty. The second seems to affirm that we contribute, and even that we have stringent contribution-based duties to address this poverty, but denies that such contribution makes forcible resistance permissible. Those in this second group employ several argumentative strategies. (...) In this paper I investigate these strategies for denying the force-related implication of contribution to poverty. I do not argue for political violence or for the permissibility of targeting the affluent, I merely investigate a conditional: if contribution to global poverty generates stringent duties to address it, then this contribution implies permission on the part of the victims to defend themselves with force, or for third parties to use force on their behalf. (shrink)

We emphasize the value of the socio-ecological approach in addressing the problem of population variances. The socio-ecological perspective studies how social and natural habitats shape human behaviors, and are in turn shaped by those behaviors. This focus on system-level factors is particularly well-suited to studying the origins of group differences in human behavior.

International institutions are facing increasing criticism of the legitimacy of their authority. But what does it mean for an international institution to be legitimate? Arthur Applbaum’s latest book provides a convincing new concept of legitimacy, namely, the power-liability view, and a new normative conception, the free group agent account. However, it is not clear how they can be applied to the international level. First, this paper examines how different concepts of legitimacy can be applied to international institutions. Second, (...) it assesses three different conceptions of legitimacy, namely, the service conception, Applbaum’s free group agent account and the autonomy-based conception for the international level. It outlines how on the last conception, international institutions’ legitimacy depends on three different aspects required to protect autonomy: the political power of the institution; its purpose; and its relation to other institutions. Finally, the paper argues that the creation of an international institution should be seen as part of relational legitimacy and that state consent plays an important role to protect the political autonomy of peoples. (shrink)

Asbestos-related illnesses contribute to the deaths of more than 100,000 people worldwide (ILO 2006) and the plight of sufferers of these illnesses has become a global ethical issue. A leading, Australian building products corporation, James Hardie, created a complex corporate structure that included the establishment of a “Victims Compensation Fund”, and moved its corporate headquarters to the Netherlands to reduce its liabilities. Hardie claimed that this move was tax minimization (Haigh 2006). In this study case, a number of ethical issues (...) provides the opportunity to discuss many business-society questions. These include the duties of the company towards a wide range of stakeholders affected in some way by Hardie’s earlier production of asbestos-related products and its subsequent responses to the question of compensation. (shrink)

We would like to open some questions here about the institutional and cultural conditions of anything that might be called cultural studies or multiculturalism. By introducing cultural studies and multiculturalism many intellectuals aim at a more democratic culture. We share this aim. In this essay, however, we would like to argue that the projects of cultural studies and multiculturalism require: a more international model of cultural studies than the dominant Anglo-American versions; renewed attention to the institutional environments of cultural studies; (...) and a questioning of the relations between multiculturalism and identity politics. We seek less to “fix” these problems than to provide a critical analysis of the languages, the methods of criticism, and the assumptions about identity, culture, and politics that present the problems to us. Because the thickets entangling what our group calls cultural studies are so deeply rooted in Western academia, which to a large degree constitutes our own group, the counterexample of cultural criticism in other contexts can be more than usually instructive. We begin by considering the position of cultural studies in China, since our group includes a number of Chinese intellectuals, on whose experience the following section is largely based. The Chicago Cultural Studies Group began meeting in June 1990. It includes Lauren Berlant, David Bunn, Vinay Dharwadker, Norma Field, Dilip Gaonkar, Marilyn Ivy, Benjamin Lee, Leo Ou-fan Lee, Xinmin Liu, Mathew Roberts, Sharon Stephens, Katie Trumpener, Greg Urban, Michael Warner, Jianyang Zha, and Jueliang Zhou. (shrink)

Biology is seen not merely as a privileged oppressor of women but as a co-victim of masculinist social assumptions. We see feminist critique as one of the normative controls that any scientist must perform whenever analyzing data, and we seek to demonstrate what has happened when this control has not been utilized. Narratives of fertilization and sex determination traditionally have been modeled on the cultural patterns of male/female interaction, leading to gender associations being placed on cells and their components. We (...) also find that when gender biases are controlled, new perceptions of these intracellular and extracellular relationships emerge. (shrink)

Since Darwin, the idea of psychological continuity between humans and other animals has dominated theory and research in investigating the minds of other species. Indeed, the field of comparative psychology was founded on two assumptions. First, it was assumed that introspection could provide humans with reliable knowledge about the causal connection between specific mental states and specific behaviors. Second, it was assumed that in those cases in which other species exhibited behaviors similar to our own, similar psychological causes were at (...) work. In this paper. we show how this argument by analogy is flowed with respect to the case of second-order mental states. As a test case, we focus on the question of how other species conceive of visual attention, and in particular whether chimpanzees interpret seeing as a mentalistic event involving internal states of perception, attention, and belief. We conclude that chimpanzees do not reason about seeing in this manner, and indeed, there is considerable reason to suppose that they do not harbor representations of mental states in general. We propose a reinterpretation model in which the majority of the rich social behaviors that humans and other primates share in common emerged long before the human lineage evolved the psychological means of interpreting those behaviors in mentalistic terms. Although humans, chimpanzees, and most other species may be said to possess mental states, humans alone may have evolved a cognitive specialization for reasoning about such states. (shrink)

Militante et réflexive, l’histoire des femmes a aussi besoin d’exprimer ses doutes et ses inconforts. Rattrapée par l’actualité, la violence et nombre d’événements cruels et tragiques, par des incertitudes majeures vécues par l’ensemble du monde intellectuel, elle pose aujourd’hui en cet article collectif des interrogations et des inquiétudes. Ce travail à plusieurs (les participantes du Groupe d’histoire des femmes du CRH) cherche à mettre à plat ce qui actuellement se dérobe à notre connaissance, en partant de notions-clés souvent utilisées, comme (...) consentement, sexualité, écriture, patriarcat, etc. Chacune de ces notions est discutée à la lumière des brouillages actuels, des temporalités nouvelles, de l’avènement triomphant du corps marchandise, de la pauvreté grandissante, etc. (shrink)

En 1983, un groupe de femmes japonaises francophiles, très intéressées par le féminisme français et les changements rapides de la vie des femmes en France depuis les années 1970, créent la Société Franco-japonaise des Études sur les Femmes. Le but est de promouvoir une meilleure compréhension entre les deux cultures et de développer des liens avec les Françaises sur un grand nombre de questions féminines. Le projet se révéla vite être un succès. Parmi les études entreprises par la Société, l’analyse (...) comparée de l’histoire des Françaises et des Japonaises, domaine très peu exploré alors, a suscité un vif intérêt chez les participantes. Cet article revient sur vingt années de réflexion, de recherche, et d’échange par un groupe d’historiennes non-professionnelles sur les relations entre histoire et expériences de vie personnelles. Il nous montre comment l’étude de l’histoire des femmes dans un contexte international peut être fructueuse et bénéfique, et combien une libre discussion collective, sans tabous, sur ce sujet peut éveiller ou approfondir la conscience féministe. (shrink)

Savulescu J. Is current practice around late termination of pregnancy eugenic and discriminatory? Maternal interests and abortion. J Med Ethics 2001;27:165–71. Lachlan de Crespigny contributed in a major way to the conceptualisation, design, administration of surveys, ….

Dheensa S, Fenwick A, Lucassen A.‘Is this knowledge mine ….

Malm and colleagues (2008) consider (and reject) five arguments putatively justifying the idea that healthcare workers (HCWs) have a duty to treat (DTT) during a pandemic. We do not have sufficient...

The prospect of using genome technologies to modify the human germline has raised profound moral disagreement but also emphasizes the need for wide-ranging discussion and a well-informed policy response. The Hinxton Group brought together scientists, ethicists, policymakers, and journal editors for an international, interdisciplinary meeting on this subject. This consensus statement formulated by the group calls for support of genome editing research and the development of a scientific roadmap for safety and efficacy; recognizes the ethical challenges involved in (...) clinical reproductive applications of genome editing but, importantly, rejects the idea that human reproductive germline modification is necessarily morally unacceptable; and highlights the importance of meaningful engagement in discussions of genome editing and the development of regulation and oversight mechanisms to govern future uses of such technologies. (shrink)

En 1983, un groupe de femmes japonaises francophiles, très intéressées par le féminisme français et les changements rapides de la vie des femmes en France depuis les années 1970, créent la Société Franco-japonaise des Études sur les Femmes. Le but est de promouvoir une meilleure compréhension entre les deux cultures et de développer des liens avec les Françaises sur un grand nombre de questions féminines. Le projet se révéla vite être un succès. Parmi les études entreprises par la Société, l’analyse (...) comparée de l’histoire des Françaises et des Japonaises, domaine très peu exploré alors, a suscité un vif intérêt chez les participantes. Cet article revient sur vingt années de réflexion, de recherche, et d’échange par un groupe d’historiennes non-professionnelles sur les relations entre histoire et expériences de vie personnelles. Il nous montre comment l’étude de l’histoire des femmes dans un contexte international peut être fructueuse et bénéfique, et combien une libre discussion collective, sans tabous, sur ce sujet peut éveiller ou approfondir la conscience féministe. (shrink)

This article begins by comparing terror and death and then focuses on whether killing combatants and noncombatants as a mere means to create terror, that is in turn a means to winning a war, is ever permissible. The role of intentions and alternative acts one might have done is examined in this regard. The second part of the article begins by criticizing a standard justification for causing collateral (side effect) deaths in war and offers an alternative justification that makes use (...) of the idea of group liability. (shrink)

Originally published between 1925 and 1931 the volumes in this mini-set cover education, from early years to further education, as well as the role parents and society have in the moral education of children and young people. Among others the authors included are: C E M Joad, W J K Diplock, M Chaning Pearce and J F Roxburgh.

The focus of the titles in this mini-set, originally published between 1926 and 1928 is on the challenges of feeding an increasing global population, technological changes in the home, the evolutionary role of clothes and the dangers and benefits of alcohol.

Originally published between 1924 and 1929 discuss the future of psychology and the break-throughs it could provide for modern medicine. Authors included are E N Bennett, H F Carlill,D F Fraser Harris, M Jaeger and C J Patten.

_Routledge Library Editions: Psychoanalysis_ brings together as one set, or individual volumes, a series of 8 previously out-of-print titles, originally published between 1923 and 1993. Written by international authors from a variety of backgrounds, this set looks at psychoanalysis in a number of different areas including, culture, religion, sociology, postmodernism, literary criticism and others.

This set collects together a vital selection of works on Existentialism, including the key Introduction to the New Existentialism by Colin Wilson. Some of the titles were early works written as this new philosophy spread into the English language, while others are more recent examinations.

Originally published between 1982 and 1991 the 3 volumes in this set Reflect the diversity in Hegelianism and every branch of philosophy which he contributed to. Examine Hegel's work in relation to Marx and Wittgenstein Discuss Hegel's social theory Examine British Hegelian thinking and the lines of its development Offer an interpretation of Hegelian theory that is relevant for the understanding of modern republican constitutions.

Reissuing works originally published between 1949 and ‘79, this set presents a rich selection of renowned scholarship across the subject, touching also on ethics, religion, and psychology and other behavioural science. Classic previously out-of-print works are brought back into print here in this set of important discourse and theory.