The Sarbanes–Oxley Act of 2002 requires audit committees of public companies’ boards of directors to install an anonymous reporting channel to assist in deterring and detecting accounting fraud and control weaknesses. While it is generally accepted that the availability of such a reporting channel may reduce the reporting cost of the observer of a questionable act, there is concern that the addition of such a channel may decrease the overall effectiveness compared to a system employing only non-anonymous reporting options. (...) The rationale underlying this concern involves the would-be reporter’s likelihood of reporting, the seriousness with which the organization treats an anonymous report, and the organization’s ability to thoroughly follow-up the report. Thus, we explore the extent to which the availability of an anonymous reporting channel influences intended use of non-anonymous reporting channels. Further, in response to Sarbanes–Oxley and the environment of financial scandals that led to its passage, many firms are strengthening their internal audit departments, and providing them with greater independence from upper management’s direct control. Accordingly, our examination tests whether the intended use of the internal audit department as an internal reporting channel is greater when the internal audit department is of “high” versus “low” quality. Finally, the study investigates intended reporting behavior across three different cases (e.g., settings). Results show that the existence of an anonymous channel does reduce the likelihood of reporting to non-anonymous channels, that generally the internal audit department quality does not affect reporting to non-anonymous channels, and that case-setting affects the type of channel to be used. Implications from the study are discussed. (shrink)

Quantified NPs in questions may lead to an interpretation in which the NP quantifies into the question. Which dish did every guest bring? can be understood as: 'For every guest x: which dish did x bring?'. After a review of previous approaches that tried to capture this quantification formally or to explain it away, it is argued that such readings involve quantification into speech acts. As the algebra of speech acts is more limited than a Boolean algebra – (...) it only contains conjunction, not disjunction or negation – it is predicted that only universal quantifiers can scope out of questions or other speech acts. The approach is extended to indirect questions, which either are embedded speech acts or coerced to denote the true answers, depending on the embedding verb; in the latter case a Boolean structure results, and we find wide-scope readings of non-universal quantifiers. (shrink)

In this response to comments on my article, “The Chimera of Relativism,” in the same issue of *Common Knowledge* , by cognitive neuroscientist Andreas Roepstorff, classicist G. E. R. Lloyd, and anthropologist Martin Holbraad, I illustrate and reinforce Lloyd's cautions regarding the hazards of intercultural—here, Chinese-Western—comparisons in studies of culture and cognition. Examination of a foundational study in East-West cultural/cognitive differences cited by Roepstorff indicates extensive conceptual and methodological problems in that tradition of research. Although Holbraad champions a more radical (...) relativism than that offered in my work, the moves he urges have either been present in my work from the beginning or are both dubiously radical and otherwise undesirable. (shrink)

Questions are not on all fours with assertions or directions, but higher-level acts that can operate on either to yield theoretical questions, as when one asks whether the door is closed, or practical questions, as when one asks whether to close it. They contain interrogative force indicators, which present positions of wondering, but also assertoric or directive force indicators which present the position of theoretical or practical knowledge the subject is striving for. Views based on the traditional force-content distinction (...) take the indicative mood for granted and therefore do not understand assertion in contrast to direction, but in contrast to questions and other higher-level acts such as logical and fictional acts. But a corresponding sign like Frege's judgement stroke can only redundantly signal the absence of a higher-level act. (shrink)

This article compares and contrasts three claims published in The Review of Metaphysics in recent decades: that there is, according to Aquinas, a difference between “esse as act” and “existence which is the fact of being” (Cornelio Fabro in 1974); that, to the contrary, it is the same “existence” (esse) that is conceptualized both as an “actuality” and as a “fact” (Joseph Owens in 1976); and that there is, indeed, contrary to Owens and as Fabro suggests, a distinction in Aquinas’s (...) writings between “esse as facticity” and “esse as intrinsic actus essendi” (John F. Wippel in 1989). The article attempts to bring the differences between these interpreters on the question into sharp focus. (shrink)

The present article is aimed at dealing with certain questions of compensation for damage, caused by the criminally insane person. Disposal of a civil action on compensation for damage, caused by the criminally insane person, in the criminal procedure is analyzed in the first part of the article. The subjects, who are responsible for compensating for damage, caused by the criminally insane person’s deed, are dealt with in the second part. Not only the respective rules of law, stated in the (...) Civil Code of the Republic of Lithuania and in the Criminal Process Code of the Republic of Lithuania, are systemically analyzed in the present article, but the court practice is considered from the aspect of the items, which are relevant to the theme under investigation, and is systematized. (shrink)

The Patient Self-Determination Act imposes new requirements on health care providers for informing patients of their rights to make decisions concerning their medical care. The Act is intended to, and is likely to, encourage patients and residents of certain healhtcare facilities to consider their treatment preferences in advance of incapacity and, in particular, to determine the circumstances in which life-sustaining treatment will be provided to them. However, many questions concerning how healthcare providers will implement the Act remain unanswered.

Is there, today," asks Jacques Derrida, "another 'question of religion'?" Derrida's writings on religion situate and raise anew questions of tradition, faith, and sacredness and their relation to philosophy and political culture. He has amply testified to his growing up in an Algerian Jewish, French-speaking family, to the complex impact of a certain Christianity on his surroundings and himself, and to his being deeply affected by religious persecution. Religion has made demands on Derrida, and, in turn, the study of religion (...) has benefited greatly from his extensive philosophical contributions to the field. Acts of Religion brings together for the first time Derrida's key writings on religion, along with two new essays translated by Gil Anidjar that appear here for the first time in any language. These texts are organized around the secret holding of links between the personal, the political, and the theological. In these texts, Derrida's reflections on religion span from negative theologyto the limits of reason and to hospitality. Acts of Religion will serve as an excellent introduction to Derrida's remarkable contribution to religious studies. (shrink)

Afin de déterminer la place philosophique de la gnose, des spécialistes, philosophes et historiens intéressés par le champ de la théologie ou par une approche spirituelle précise, venant d'horizons fort différents (tradition platonicienne, idéalisme allemand et phénoménologie, christianisme, soufisme, bouddhisme tibétain) se sont réunis à Paris.

This paper considers the meaning of the term ‘intrusive research’, as used in the UK Mental Capacity Act 2005, in relation to studies in which an informant is asked to provide information about or on behalf of a person who lacks capacity to consent, and who is not otherwise involved in the study. The MCA defines ‘intrusive research’ as research that would legally require consent if it involved people with capacity. The relevant ethical principles are that consent should be sought (...) from people who would be affected by a piece of research and that this requirement should be implemented proportionately. The critical question, for investigators and research ethics committees, is: would provision of the personal information specified in the research protocol significantly affect a person whose capacity is not impaired? If the answer to this question is ‘no’, then the study falls outside the definition of ‘intrusive research’, and the MCA does not apply. (shrink)

This paper considers the meaning of the term ‘intrusive research’, as used in the UK Mental Capacity Act 2005, in relation to studies in which an informant is asked to provide information about or on behalf of a person who lacks capacity to consent, and who is not otherwise involved in the study. The MCA defines ‘intrusive research’ as research that would legally require consent if it involved people with capacity. The relevant ethical principles are that consent should be sought (...) from people who would be affected by a piece of research and that this requirement should be implemented proportionately. The critical question, for investigators and research ethics committees, is: would provision of the personal information specified in the research protocol significantly affect a person whose capacity is not impaired? If the answer to this question is ‘no’, then the study falls outside the definition of ‘intrusive research’, and the MCA does not apply. (shrink)

Speech Acts, Criteria and Intentions What makes a speech act a speech act? Which are its necessary and sufficient conditions? I claim in this paper that we cannot find an answer to those questions in Austin's doctrine of the infelicities, since some infelicities take place in fully committing speech acts, whereas others prevent the utterance from being considered as a speech act at all. With this qualification in mind, I argue against the idea that intentions—considered as mental states (...) accomplishing a causal role in the performance of the act—should be considered among the necessary conditions of speech acts. I would thus like to deny a merely ‘symptomatic’ account of intentions, according to which we could never make anything but fallible hypotheses about the effective occurrence of any speech act. I propose an alternative ‘criterial’ account of the role of intentions in speech acts theory, and analyse Austin's and Searle's approaches in the light of this Wittgensteinian concept. Whether we consider, with Austin, that speech acts ‘imply’ mental states or, with Searle, that they ‘express’ them, we could only make sense of this idea if we considered utterances as criteria for intentions, and not as alleged behavioural effects of hidden mental causes. (shrink)

I modify Grice's theory of conversational implicature so as to accommodate acts of implicating propositions by asking questions, acts of implicating questions by asserting propositions, and acts of implicating questions by asking questions. I describe the relations between a declarative sentence's semantic content (the proposition it semantically expresses), on the one hand, and the propositions that a speaker locutes, asserts, and implicates by uttering that sentence, on the other. I discuss analogous relations between an interrogative sentence's semantic (...) content (the question it semantically expresses), and the questions that a speaker locutes, asks, and implicates by uttering that sentence. (shrink)

What is it for a sentence to have a certain meaning? This is the question that the distinguished analytic philosopher William P. Alston addresses in this major contribution to the philosophy of language. His answer focuses on the given sentence's potential to play the role that its speaker had in mind, what he terms the usability of the sentence to perform the illocutionary act intended by its speaker. Alston defines an illocutionary act as an act of saying something with a (...) certain "content." He develops his account of what it is to perform such acts in terms of taking responsibility, in uttering a sentence, for the existence of certain conditions. In requesting someone to open a window, for example, the speaker takes responsibility for its being the case that the window is closed and that the speaker has an interest in its being opened. In Illocutionary Acts and Sentence Meaning, Alston expands upon this concept, creating a framework of five categories of illocutionary act and going on to argue that sentence meaning is fundamentally a matter of illocutionary act potential; that is, for a sentence to have a particular meaning is for it to be usable to perform illocutionary acts of a certain type. In providing detailed and explicit patterns of analysis for the whole range of illocutionary acts, Alston makes a unique contribution to the field of philosophy of language—one that is likely to generate debate for years to come. (shrink)

In addition to the Frege point, Frege also argued for the force-content distinction from the fact that an affirmative answer to a yes-no question constitutes an assertion. I argue that this fact more readily supports the view that questions operate on and present assertions and other forceful acts themselves. Force is neither added to propositions as on the traditional view, nor is it cancelled as has recently been proposed. Rather higher level acts such as questioning, but also e.g. (...) conditionalizing, embed assertive or directive acts that are forceful and committal, while suspending commitment to them. The Frege point confounds different varieties of force and the question whether something is merely presented for consideration with the question what is so presented. Force is representational: through assertoric and directive force indicators subjects non-conceptually present positions of theoretical or practical knowledge, while interrogative acts indicate positions of wondering which strive for such knowledge. (shrink)

A question opens up a space between self and other in the very act of expecting a response. As such, it can be a form of world-building. Posing a question might reveal what is or it might push interlocutors to revise what is. Levinas counsels us to question the first attitude toward questioning in order to open ourselves up to the second. Using questions and answers from a trial of a former child soldier at the International Criminal Court, this paper (...) explores the ethical ramifications of the choices we make when we pose and respond to questions. (shrink)

What makes it the case that an utterance constitutes an illocutionary act of a given kind? This is the central question of speech-act theory. Answers to it—i.e., theories of speech acts—have proliferated. Our main goal in this chapter is to clarify the logical space into which these different theories fit. -/- We begin, in Section 1, by dividing theories of speech acts into five families, each distinguished from the others by its account of the key ingredients in illocutionary (...) acts. Are speech acts fundamentally a matter of convention or intention? Or should we instead think of them in terms of the psychological states they express, in terms of the effects that it is their function to produce, or in terms of the norms that govern them? In Section 2, we take up the highly influential idea that speech acts can be understood in terms of their effects on a conversation’s context or “score”. Part of why this idea has been so useful is that it allows speech-act theorists from the five families to engage at a level of abstraction that elides their foundational disagreements. In Section 3, we investigate some of the motivations for the traditional distinction between propositional content and illocutionary force, and some of the ways in which this distinction has been undermined by recent work. In Section 4, we survey some of the ways in which speech-act theory has been applied to issues outside semantics and pragmatics, narrowly construed. (shrink)

What requirements does morality impose on us in relation to climate change? This question can be asked of individuals, of the entire global population, and of groups of various sizes in between. Given the case for accepting that we all collectively ought to be causing less climate-affecting pollution than we do, what follows from that about the moral status of the actions of members of the larger group? I examine two main ways in which moral requirements on group members can (...) derive from requirements that apply to the larger group. But neither of them seems to apply to the case of climate-affecting pollution. Perhaps this is a case where we together act wrongly, although no-one’s contribution to our doing so is wrong. (shrink)

Acts of Religion, compiled in close association with Jacques Derrida, brings together for the first time a number of Derrida's writings on religion and questions of faith and their relation to philosophy and political culture. The essays discuss religious texts from Jewish, Christian, and Muslim traditions, as well as religious thinkers such as Kant, Levinas, and Gershom Scholem, and comprise pieces spanning Derrida's career. The collection includes two new essays by Derrida that appear here for the first time in (...) any language, as well as a substantial introduction by Gil Anidjar that explores Derrida's return to his own "religious" origins and his attempts to bring to light hidden religious dimensions of the social, cultural, historical, and political. (shrink)

Jürgen Habermas, philosophe allemand né en 1929, et Richard Rorty, philosophe américain né en 1931, n'ont pas la même conception de la modernité. L'un propose de reprendre le projet des Lumières afin d'atteindre la modernité alors que l'autre affirme justement le contraire. C'est pourquoi les participants à ces actes ont décidé de se référer à ces notions philosophiques pour présenter la modernité telle que nous la vivons.

A key question has been underexplored in the literature on conscientious objection: if a physician is required to perform ‘medical activities,’ what is a medical activity? This paper explores the question by employing a teleological evaluation of medicine and examining the analogy of military conscripts, commonly cited in the conscientious objection debate. It argues that physicians (and other healthcare professionals) can only be expected to perform and support medical acts – acts directed towards their patients’ health. That is, (...) physicians cannot be forced to provide or support services that are not medical in nature, even if such activities support other socially desirable pursuits. This does not necessarily mean that medical professionals cannot or should not provide non-medical services, but only that they are under no obligation to provide them. (shrink)

People often sincerely assert or judge one thing (for example, that all the races are intellectually equal) while at the same time being disposed to act in a way evidently quite contrary to the espoused attitude (for example, in a way that seems to suggest an implicit assumption of the intellectual superiority of their own race). Such cases should be regarded as ‘in-between’ cases of believing, in which it's neither quite right to ascribe the belief in question nor quite right (...) to say that the person lacks the belief. (shrink)

My topic in this paper is the nature of faith. Much of the discussion concerning the nature of faith proceeds by focussing on the relationship between faith and belief. In this paper, I explore a different approach. I suggest that we approach the question of what faith involves by focussing on the relationship between faith and action. When we have faith, we generally manifest it in how we act; we perform acts of faith: we share our secrets, rely on (...) other’s judgment, refrain from going through our partner’s emails, let our children prepare for an important exam without our interference. Religious faith, too is manifested in acts of faith: attending worship, singing the liturgy, fasting, embarking on a pilgrimage. I argue that approaching faith by way of acts of faith, reveals that faith is a complex mental state whose elements go beyond doxastic states towards particular propositions. It also involves conative states and – perhaps more surprisingly – know how. This has consequences for the epistemology of faith: the role of testimony and experts, the importance of practices, and what we should make of Pascal’s advice for how to acquire faith. (shrink)

What kind of thing is a reason for action? What is it to act for a reason? And what is the connection between acting for a reason and rationality? There is controversy about the many issues raised by these questions. In this paper I shall answer the first question with a conception of practical reasons that I call ‘Factualism’, which says that all reasons are facts. I defend this conception against its main rival, Psychologism, which says that practical reasons are (...) mental states or mental facts, and also against a variant of Factualism that says that some practical reasons are facts and others are false beliefs. I argue that the conception of practical reasons defended here provides plausible answers to the second and third questions above; and gives a more unified and satisfactory picture of practical reasons than those offered by its rivals. (shrink)

According to hedonistic act utilitarianism, an act is morally right if and only if, and because, it produces at least as much pleasure minus pain as any alternative act available to the agent. This dissertation gives a partial defense of utilitarianism against two types of objections: action guidance objections and intuitive objections. In Chapter 1, the main themes of the dissertation are introduced. The chapter also examines questions of how to understand utilitarianism, including (a) how to best formulate the moral (...) explanatory claim of the theory, (b) how to best interpret the phrase "pleasure minus pain," and (c) how the theory is related to act consequentialism. The first part (Chapters 2 and 3) deals with action guidance objections to utilitarianism. Chapter 2 defines two kinds of action guidance: doxastic and evidential guidance. It is argued that utilitarianism is evidentially but not doxastically guiding for us. Chapter 3 evaluates various action guidance objections to utilitarianism. These are the objections that utilitarianism, because it is not doxastically guiding, is a bad moral theory, fails to be a moral theory, is an uninteresting and unimportant moral theory, and is a false moral theory. The second part (Chapters 4, 5 and 6) deals with intuitive objections to utilitarianism. Chapter 4 presents three intuitive objections: Experience Machine, Transplant, and Utility Monster. Three defenses of utilitarianism are subsequently evaluated. Chapter 5 and 6 introduces two alternative defenses of utilitarianism against intuitive objections, both of which concern the role that imagination plays in thought experimentation. In Chapter 5, it is argued that we sometimes unknowingly carry out the wrong thought experiment when we direct intuitive objections against utilitarianism. In many such cases, we elicit moral intuitions that we believe give us reason to reject utilitarianism, but that in fact do not. In Chapter 6, it is argued that using the right kind of sensory imagination when we perform thought experiments will positively affect the epistemic trustworthiness of our moral intuitions. Moreover, it is suggested that doing so renders utilitarianism more plausible. In Chapter 7, the contents of the dissertation are summarized. (shrink)

This paper deals with two distinct topics; unwarranted questions and admittures. The traditional speech act analysis of questions needs revision, since among the felicity conditions of asking a question is believing that the question is warranted. Some questions are unwarranted according to my analysis. A question is unwarranted if the questioner is not standing in the right relation to the addressee, such that he can demand or expect a sincere answer. I use the idea of unwarranted questions to show how (...) conversational admittures can be generated. A conversational admitture is a non-intended admittance by the speaker of some state of affairs being believed by the speaker to be true. Under the assumption that the speaker is rational, the non-intended admittance is something that it is reasonable to credit the speaker with believing as an explanation of the speaker's unwillingness to be cooperative in a given conversation. In the last section I introduce what I call the Principle of Privacy, which tells us that we have a prima facie right to guard some of our thoughts, feelings, personal history, etc. I argue that the Principle of Privacy together with the ideas that there are unwarranted questions and conversational admittures, and the way unwarranted questions can be exploited to generate the latter, endows us with the right to lie in certain contexts. ; ; . (shrink)

We often get reason to doubt the reliability of some of our own reasoning. The rational response to such evidence would seem to depend on how reliable one should estimate that reasoning to be. Independence principles constrain that reliability-assessment, to prevent question-begging reliance on the very reasoning being assessed. But this has consequences some find disturbing: can it be rational for an agent to bracket some of her reasons—which she may, after all, be assessing impeccably? So several arguments have been (...) offered against the very idea of an Independence principle. This paper argues that looking closely at these arguments actually strengthens the case for Independence, and yields some guidance in meeting a formidable challenge for Independence-defenders: formulating the principle in an adequate way. (shrink)

Choices confront us with questions. How we act depends on our answers to those questions. So the way our beliefs guide our choices is not just a function of their informational content, but also depends systematically on the questions those beliefs address. This paper gives a precise account of the interplay between choices, questions and beliefs, and harnesses this account to obtain a principled approach to the problem of deduction. The result is a novel theory of belief-guided action that explains (...) and predicts the decisions of agents who, like ourselves, fail to be logically omniscient: that is, of agents whose beliefs may not be deductively closed, or even consistent. (Winner of the 2021 Isaac Levi Prize.). (shrink)

In this paper I present an account of a distinctive form of ‘practical’ or ‘deliberative’ uncertainty that has been central in debates in both ethics and metaethics. Many writers have assumed that such uncertainty concerns a special normative question, such as what we ought to do ‘all things considered.’ I argue against this assumption and instead endorse an alternative view of such uncertainty, which combines elements of both metaethical cognitivism and non-cognitivism. A notable consequence of this view is that even (...) if there are objective and irreducible truths about how we ought to act, all things considered, the ‘central deliberative question,’ as it’s sometimes called, doesn’t concern such truths. Instead, that question doesn’t have a true answer. (shrink)

Act-consequentialism (C) is self-effacing for an agent iff that agent’s not accepting C would produce the best outcome. The question of whether C is self-effacing is important for evaluating C. Some hold that if C is self-effacing that would be a mark against it (Williams 1973: 134); however, the claim that C is self-effacing is also used to defend C against certain objections (Parfit 1984: Ch. 1, Railton 1984). -/- In this paper I will show that one argument suggested by (...) Parfit and Railton fails to establish that C is self-effacing for individuals. However, a slightly different argument may show that C is self-effacing for groups. This raises the intriguing possibility that it might be right for an individual, but not for a group of which they are a member, to accept a moral theory. This possibility, odd though it seems, might be helpful to consequentialists. (shrink)

This paper provides an opinionated guide to discussions of acting and believing on the basis of reasons. I aim to bring closer together largely separate literatures in practical rea- son and in epistemology. I focus on three questions. First, is basing causing? Causal theories of basing remain popular despite the notorious Problem of Deviant Causal Chains. Causal theorists in both the epistemic and practical domains have begun to appeal to dispositions to try and solve the problem. Second, how unified are (...) acting and believing on the basis of reasons? I consider an important challenge to their unity due to Setiya. I sketch a response, which posits unity of causal structure across acting and believing on the basis of reasons. Third, how does acting or believing on the basis of a good reason relate to acting or believing on the basis of a reason simpliciter? I generalize a recent argument of Lord and Sylvan's to include acting as well as believing. The conclusion is that, for both believing and acting, ϕing on the basis of a good reason does not amount to ϕing on the basis of a reason that just so happens to be good. (shrink)

This paper discusses the thesis defended by Edith Stein that certain acts can be attributed to the State. According to Stein, the State is a social structure characterized by sovereignty. As such, it is responsible for the production, interpretation, and application of law. These tasks require the performance of acts, most of which are what Stein calls “social acts” like enactments and orders. For Stein, the acts in question are made by the organs of the State, (...) but in the name of the State, and are thus attributed to the State via a relation of representation. In the first section, the paper presents Stein’s thesis that the sovereignty of the State entails a series of legal prerogatives, which in turn result in various social acts being ascribed to the State through its representatives. In the second section, the paper critically discusses Stein’s views, notably her theory of representation, and her account of the nature of the State, while emphasizing its most interesting aspects, namely, its fine-grained analyses of the various acts that are attributed to the State. (shrink)