The International Federation of Accountants (IFAC) has issued a revised “Code of Ethics for Professional Accountants” (IFAC Code). The IFAC Code is intended to be a model code of ethics for national accounting organizations throughout the world. Prior research demonstrates that approximately 50% of IFAC member organizations have adopted the IFAC Code as their organizational code of conduct. There is therefore empirical evidence that international convergence of accounting ethical standards is occurring. We employ (...) Hofstede’s ( 2008 , http://www.geert-hofstede.com/hofstede_dimensions.php ) cultural dimensions in an attempt to empirically explain accounting organizations’ decisions about whether to adopt the IFAC Code or to retain their organization-specific code. Our results indicate that accounting organizations in cultures with high levels of Individualism and Uncertainty Avoidance are less likely to adopt the model IFAC Code. Organizations in high Individualism and Uncertainty Avoidance societies are therefore less likely to surrender the setting of ethical standards to an outside, international organization. (shrink)

The rise of behavioral economics since the 1980s led to richer mutual influence between economic and psychological theory and experimentation. However, as behavioral economics has become increasingly integrated into the main stream in economics, and as psychology has remained damagingly methodologically conservative, this convergence has recently gone into reverse. At the same time, growing appreciation among economists of the limitations of atomistic individualism, along with advantages in econometric modeling flexibility by comparison with psychometrics, is leading economists to become more (...) pluralistic than psychologists about the ontology of behavioral causation and structures. This, combined with economists’ growing interest in network models, is drawing economists closer in theory and practice to sociologists who use quantitative or mixed methods. (shrink)

Biosemiotics—a discipline in the process of becoming established as a new research enterprise—faces a double task. On the one hand it must carry out the theoretical and experimental investigation of an enormous range of semiotic phenomena relating organisms to their internal components and to other organisms (e.g., signal transduction, replication, codes, etc.). On the other hand, it must achieve a philosophical re-conceptualization and generalization of theoretical biology in light of the essential role played by semiotic notions in biological explanation and (...) modeling. This paper attempts to contribute to the second task by tracing some aspects of the historical evolution of explanatory models in biology. In so doing, a parallel can be drawn between the present status of biosemiotics and that of physics during the early decades of the last century. By following the career of the concept instrument (organon) in Aristotelian science, we revisit historical stages of the antithetical (but often complementary) roles of mechanical and teleological forms of explanation. The impact of the introduction of the organic codes in biology is seen to be somewhat analogous to that of the introduction of the quantum of action in physics. Faced with intractable empirical facts, physicists combined experimental results and bold philosophical speculation to create quantum physics—a wider, deeper framework that accommodates the new facts through a wholesale reformulation of the classical ideas. Essential to this development was the articulation of the epistemic functions of instruments, which was absent from classical physics. Similarly, the consideration of the role of instruments in biology may lead to a synthesis of Aristotelian and Kantian intuitions within a wider framework capable of joining now separate perspectives, such as Jablonka’s four-fold view of inheritance information, Barbieri’s theory of artifactual copymakers and codemakers, and recently developed models of causation based on the idea of manipulative interventions. (shrink)

This paper introduce a new variant of the Genetic Algorithm whichis developed to handle multivariable, multi-objective and very high search space optimization problems like the solving system of non-linear equations. It is an integer coded Genetic Algorithm with conventional cross over and mutation but with Inverse algorithm is varying its search space by varying its digit length on every cycle and it does a fine search followed by a coarse search. And its solution to the optimization problem will converge to (...) precise value over the cycles. Every equation of the system is considered as a single minimization objective function. Multiple objectives are converted to a single fitness function by summing their absolute values. Some difficult test functions for optimization and applications are used to evaluate this algorithm. The results prove that this algorithm is capable to produce promising and precise results. (shrink)

This article proposes a new bi-directional way of understanding the convergence of biology and computing. It argues for a reciprocal interaction in which biology and computing have shaped and are currently reshaping each other. In so doing, we qualify both the view of a natural marriage and of a digital shaping of biology, which are common in the literature written by scientists, STS, and communication scholars. The DNA database is at the center of this interaction. We argue that DNA (...) databases are spaces of convergence for computing and biology that change in form, meaning, and function from the 1960s to the 2000s. The first part of the article shows how, in the 1980s, DNA sequencing shifted from passively incorporating computers to be increasingly modeled in digital coding and decoding. Information retrieval algorithms, reciprocally, were altered according to the peculiarities of DNA in the first sequence-storage databases. The second part of the article investigates the impact of these reciprocal interactions and globalization on the organization of research centers, ways of conducting big science, and scientific values. Through convergence and new technologies such as data mining, biology and computing were transformed technologically, institutionally, and culturally into a new bio-data enterprise called genomics. (shrink)

Morin envisions the adaptive landscape of graphic codes as an unfertile valley where writing rises as an isolated peak that humans managed to reach only on four occasions throughout all of history. By exploring the different paths to cultural convergence, we suggest an alternative landscape occupied by a mountain range of visual art systems. We conclude that graphic communication through visual art worked well enough to render writing contingent but not necessary in most cases.

The purpose of this paper is to investigate the nature of rhetoric and rhetorical strategies that are implicit in the standalone sustainability reporting of the top 24 companies of the Fortune 500 Global. We adopt Bormann’s :396–407, 1972) SCT framework to study the rhetorical situation and how corporate sustainability reporting messages can be communicated to the audience. The SCT concepts in the sustainability reporting’s communication are subject to different types of legitimacy strategies that are used by corporations as a validity (...) and legitimacy claim in the reports. A content analysis has been conducted and structural coding schemes have been developed based on the literature. The schemes are applied to the SCT model which recognizes the symbolic convergent processes of fantasy among communicators in a Society. The study reveals that most of the sample companies communicate fantasy type and rhetorical vision in their corporate sustainability reporting. However, the disclosure or messages are different across locations and other taxonomies of the SCT framework. This study contributes to the current CSR literature about how symbolic or fantasy understandings can be interpreted by the users. It also discusses the persuasion styles that are adopted by the companies for communication purposes. This study is the theoretical extension of the SCT. Researchers may be interested in further investigating other online communication paths, such as human rights reports and director’s reports. (shrink)

This paper addresses ethical issues surrounding global supply chains of multinational companies in developing countries. In particular, it considers the development and application of industry-wide ethical standards and codes of conduct for multinational supply chains in China. We describe and analyze the ethical norms and compliance components of such industry-wide regimes in the toy, textile, and consumer electronics industries. We argue that this development represents an positive attempt to institutionalize emergent international ethical standards and practices into this component of the (...) Chinese economy. (shrink)

Globalization theories posit organizational convergence, suggesting that Codes of Ethics will become commonplace and include greater consideration of global issues. This study explores the degree to which the Codes of Ethics of 157 corporations on the Global 500 and/or Fortune 500 lists include the "third generation" of corporate social responsibility. Unlike first generation ethics, which focus on the legal context of corporate behavior, and second generation ethics, which locate responsibility to groups directly associated with the corporation, third generation ethics (...) transcend both the profit motive and the immediate corporate environment. Third generation ethics are grounded in responsibilities to the larger interconnected environment. The results of the study suggest convergence, insofar as Codes of Ethics are becoming standard communication features of corporations across region and industrial sector but still manifest a primary concern with profits and those behaviors which are mandated by law. Only corporations headquartered in the European Union demonstrate a significant degree of global consciousness and reflexivity. However, there is some evidence that third generation ethics and thinking are becoming part of the corporate landscape. More then three quarters of the corporations made at least some reference to third generation ethics. (shrink)

How can one establish if a corporate code of ethics is ethical in terms of its content? One important first step might be the establishment of core universal moral values by which corporate codes of ethics can be ethically constructed and evaluated. Following a review of normative research on corporate codes of ethics, a set of universal moral values is generated by considering three sources: (1) corporate codes of ethics; (2) global codes of ethics; and (3) the business ethics (...) literature. Based on the convergence of the three sources of standards, six universal moral values for corporate codes of ethics are proposed including: (1) trustworthiness; (2) respect; (3) responsibility; (4) fairness; (5) caring; and (6) citizenship. Relying on the proposed set of universal moral values, implications are discussed as to what the content of corporate codes of ethics should consist of. The paper concludes with its limitations. (shrink)

Purpose This paper aims to analyze the relationships between human resource supply chain management (HRSCM), corporate culture (CC) and the code of business ethics (CBE) in the MENA region. Design/methodology/approach In this study, the author adopted a quantitative approach through an online Google Form survey for the data-gathering process. All questionnaires were distributed to the manufacturing and service firms that are listed in the Chambers of the Industries of Jordan, Saudi Arabia, Morocco and Egypt in the MENA region using (...) a simple random sampling method. About 567 usable and valid responses were retrieved out of 2,077 for analysis, representing a 27.3% response rate. The sample unit for analysis included all middle- and senior-level managers and employees within manufacturing and service firms. The conceptual model was tested using a hypothesis-testing deductive approach. The findings are based on covariance-based analysis and structural equation modeling (SEM) using PLS-SEM software. The author performed convergent validity and discriminant validity tests, and bootstrapping was also applied. Findings The empirical results display a significant and positive association between HRSCM and the CBE. The CC and the CBE tend to be positively and significantly related. Therefore, HRSCM can play a key role in boosting and applying the CBE in firms. For achieving the firm purposes, more attention to the HR personnel should be paid to implement the CBE. The high importance of the CBE becomes necessary for both the department and the firm. Practical implications Such results can provide insightful information for HR personnel, managers and leaders to encourage them to develop and maintain an effective corporate code of conduct within their organizations. Originality/value This paper tries to explore the linkages between HRSCM, CC and CBE in the Middle East region due to the lack of research available that analyzes the relationship between them. Not only that, but it also offers great implications for Middle Eastern businesses. (shrink)

BackgroundThe Catalan Institute of Health is the largest health services public provider in Catalonia. “CIH Code of Ethics Virtual Forum”, was created within the Intranet of the CIH to facilitate participation among their employees. The current study aims to: a) Analyse the CIH workers’ assessment of their own, their colleagues’ and the organization’s observance of ethical values; b) Identify the opinions, attitudes, experiences and practices related to the ethical values from the discourse of the workers that contributed voluntarily to (...) the CEVF.MethodsMixed methods study with convergent parallel design:1.Cross sectional study by means of a self-administered, ad hoc, anonymous questionnaire to assess the observance of the ethical values of the CIH according to the participants. A total of 712 workers responded to the questionnaire. A descriptive, bivariate analysis of the results was carried out. 2.Qualitative study to determine the meaning for the workers of the ethical values put forward by the organization. Their individual opinions and experiences were explored by means of a thematic contents analysis of 225 comments posted in the CEVF. The study was conducted between May and December 2008.ResultsThe average score for observance of the CE by the respondents themselves was high, between 3.5-4/5 for the observance by their colleagues and close to 3/5 for the CIH management. These results do not change when we compare by gender, age group and professional discipline. The comments on the values are information-rich, they mirror the ethical environment of the institution and show various ethical dilemmas and suggestions.ConclusionsResults show that it is feasible for a publicly funded health care organization to develop a CE with the participation of employees and the support of the management. Results underscore the relevance of this strategy for the implementation, improvement and update of the CE as a responsibility shared by all workers. Practices consistent with ethical values are rewarded by social approval, enhance employee’s confidence and coherence in decision-making and improve public engagement and institutional policies. (shrink)

This paper considers multiple meanings of the expression ‘dual use’ and examines lessons to be learned from the life sciences when considering ethical and policy issues associated with the dual-use nature of nanotechnology (and converging technologies). After examining recent controversial dual-use experiments in the life sciences, it considers the potential roles and limitations of science codes of conduct for addressing concerns associated with dual-use science and technology. It concludes that, rather than being essentially associated with voluntary self-governance of the scientific (...) community, codes of conduct should arguably be part of a broader regulatory oversight system. (shrink)

The study analyzes the phenomenal occurrence of Siquijodnon-Englishcode mixing. Using descriptive research design and adapting the linguistic andsociolinguistic theories, the study examined the morphological features code-mixedin Siquijonon–English. The respondents are parents, waiters or waitresses and/or receptionists, teachers, Human Resources Management Officers, and dealers inSiquijor province who were selected based on the five language domains. The resultsreveal that the free morphemes (content words, function words and substitute words)are code mixed through intra-sentential code mixing and/or insertion. The paperalso finds (...) out that code mixing is used as a double-edged tool to effect personal,social and transactional functions which likely occur in school where bilingual and/ormultilingual speakers are evident. These results justify the generation of Code-MixedLanguage Assimilator-Converger Theory. Keywords: Language and communication, code mixing, phenomenal occurrence,Siquijodnon, descriptive design, Siquijor, Philippines. (shrink)

Regulatory responses to the business failures of 1998–2001 framed them as a general failure of governance and ethics rather than as firm-specific problems. Among the regulatory responses are Section 406 of Sarbanes–Oxley Act, SEC, and exchange requirements to provide a Code of Ethics. However, institutional pressures surrounding this regulation suggest the potential for symbolic responses and decoupling of response from organizational action. In this article, we examine Codes of Ethics for a stratified sample of 75 U.S. firms across five (...) distinct industries and find that content and language converge across organizations in ways undesired by the regulators, and that language is used to minimize the effects of the Code on constraining organizational behavior. There is, however, a noteworthy exception in the sections of the Codes dedicated the ethics of financial reporting. Although this material still contains legalistic boilerplate information, it does offer concrete guidance and emphatic language pertaining to the need to maintain the integrity of reporting practices. This suggests that the corporate understanding of the source of the failures is one of fraudulent financial reporting. Aside from the matter of financial reporting, the vague and stylized content of the Codes was a predicted response and constitutes a rational response to the regulation. The regulation, however, clearly states the belief that Codes should vary from firm to firm and that individual firms should determine the specific content of a Code. Aside from financial reporting matters, the observed result suggests that regulatory efforts may have failed to instigate corporate change in attitudes toward and enforcement of higher ethical standards by corporate actors. (shrink)

Analyses of environmental DNAs have provided tantalizing evidence for “rozellida” or “cryptomycota”, a clade of mostly undescribed and deeply diverging aquatic fungi. Here, we put cryptomycota into perspective through consideration of Rozella, the only clade member growing in culture. This is timely on account of the publication in Nature of the first images of uncultured cryptomycota from environmental filtrates, where molecular probes revealed non‐motile cyst‐like structures and motile spores, all lacking typical fungal chitinous cell walls. Current studies of Rozella can (...) complement these fragmentary observations from environmental samples. Rozella has a fungal‐specific chitin synthase and its resting sporangia have walls that appear to contain chitin. Cryptomycota, including Rozella, lack a cell wall when absorbing food but like some other fungi, they may have lost their “dinner jacket” through convergence. Rather than evolutionary intermediates, the cryptomycota may be strange, divergent fungi that evolved from an ancestor with a nearly complete suite of classical fungal‐specific characters. (shrink)

For given Boolean algebras$\mathbb {A}$and$\mathbb {B}$we endow the space$\mathcal {H}(\mathbb {A},\mathbb {B})$of all Boolean homomorphisms from$\mathbb {A}$to$\mathbb {B}$with various topologies and study convergence properties of sequences in$\mathcal {H}(\mathbb {A},\mathbb {B})$. We are in particular interested in the situation when$\mathbb {B}$is a measure algebra as in this case we obtain a natural tool for studying topological convergence properties of sequences of ultrafilters on$\mathbb {A}$in random extensions of the set-theoretical universe. This appears to have strong connections with Dow and Fremlin’s (...) result stating that there are Efimov spaces in the random model. We also investigate relations between topologies on$\mathcal {H}(\mathbb {A},\mathbb {B})$for a Boolean algebra$\mathbb {B}$carrying a strictly positive measure and convergence properties of sequences of measures on$\mathbb {A}$. (shrink)

Thomas Sebeok and Noam Chomsky are the acknowledged founding fathers of two research fields which are known respectively as Biosemiotics and Biolinguistics and which have been developed in parallel during the past 50 years. Both fields claim that language has biological roots and must be studied as a natural phenomenon, thus bringing to an end the old divide between nature and culture. In addition to this common goal, there are many other important similarities between them. Their definitions of language, for (...) example, have much in common, despite the use of different terminologies. They both regard language as a faculty, or a modelling system, that appeared rapidly in the history of life and probably evolved as an exaptation from previous animal systems. Both accept that the fundamental characteristic of language is recursion, the ability to generate an unlimited number of structures from a finite set of elements (the property of ‘discrete infinity’). Both accept that human beings are born with a predisposition to acquire language in a few years and without apparent efforts (the innate component of language). In addition to similarities, however, there are also substantial differences between the two fields, and it is an historical fact that Sebeok and Chomsky made no attempt at resolving them. Biosemiotics and Biolinguistics have become two separate disciplines, and yet in the case of language they are studying the same phenomenon, so it should be possible to bring them together. Here it is shown that this is indeed the case. A convergence of the two fields does require a few basic readjustments in each of them, but leads to a unified framework that keeps the best of both disciplines and is in agreement with the experimental evidence. What is particularly important is that such a framework suggests immediately a new approach to the origin of language. More precisely, it suggests that the brain wiring processes that take place in all phases of human ontogenesis (embryonic, foetal, infant and child development) are based on organic codes, and it is the step-by-step appearance of these brain-wiring codes, in a condition that is referred to as cerebra bifida, that holds the key to the origin of language. (shrink)

There is converging evidence that over the course of the second year children become good at various fairly sophisticated forms of pro-social activities, such as helping, informing and comforting. Not only are toddlers able to do these things, they appear to do them routinely and almost reliably. A striking feature of these interventions, emphasized in the recent literature, is that they show precocious abilities in two different domains: they reflect complex ‘ theory of mind’ abilities as well as ‘altruistic motivation’. (...) Our aim in this paper is to present a theoretical hypothesis that bears on both kinds of developments. The suggestion is that children’s ‘instrumental helping’ reflects their budding understanding of practical reasons. We can put the basic idea in the familiar terminology of common coding : toddlers conceive of the goals of others’ actions in the same format as the goals of their own actions: in terms of features of their situation that provide us with reasons to act. (shrink)

The convergence of biomedical and information technology holds the potential to alter the discourses of identity, or as is argued here, to turn us inside out. The advent of digital networks makes it possible to ‘see inside’ people in ways not anticipated and thus create new performance arenas for the expression of identity. Drawing on the ideas of Butler and Foucault and theories of performativity, this paper examines a new context for human-computer interaction and articulates potentially disturbing issues with (...) monitoring health rather than wellbeing. It argues that by adopting explicitly social framings we can see beyond the idea of medical interventions for health to recognize the political implications of the new categorizations and their implementation in code. In the process, it critiques traditional ways of understanding machine-body relations within the field of technology design. (shrink)

Metaphors allow us to come to terms with abstract and complex information, by comparing it to something which is structured, familiar and concrete. Although modern science is “iconoclastic”, as Gaston Bachelard phrases it, scientists are at the same time prolific producers of metaphoric images themselves. Synthetic biology is an outstanding example of a technoscientific discourse replete with metaphors, including textual metaphors such as the “Morse code” of life, the “barcode” of life and the “book” of life. This paper focuses (...) on a different type of metaphor, however, namely on the archetypal metaphor of the mandala as a symbol of restored unity and wholeness. Notably, mandala images emerge in textual materials related to one of the new “frontiers” of contemporary technoscience, namely the building of a synthetic cell: a laboratory artefact that functions like a cell and is even able to replicate itself. The mandala symbol suggests that, after living systems have been successfully reduced to the elementary building blocks and barcodes of life, the time has now come to put these fragments together again. We can only claim to understand life, synthetic cell experts argue, if we are able to technically reproduce a fully functioning cell. This holistic turn towards the cell as a meaningful whole also requires convergence at the “subject pole”: the building of a synthetic cell as a practice of the self, representing a turn towards integration, of multiple perspectives and various forms of expertise. (shrink)

The origins of professional ethical codes and oaths are explored. Their legitimacy and usefulness within the profession are questioned and an alternative ethical source is suggested. This source relies on a commonly shared, naturally knowable set of principles known as common morality.

When the COVID-19 surge hit New York City hospitals, the Division of Medical Ethics at Weill Cornell Medical College, and our affiliated ethics consultation services, faced waves of ethical issues sweeping forward with intensity and urgency. In this article, we describe our experience over an eight-week period (16 March through 10 May 2020), and describe three types of services: clinical ethics consultation (CEC); service practice communications/interventions (SPCI); and organizational ethics advisement (OEA). We tell this narrative through the prism of time, (...) describing the evolution of ethical issues and trends as the pandemic unfolded. We delineate three phases: anticipation and preparation, crisis management, and reflection and adjustment. The first phase focused predominantly on ways to address impending resource shortages and to plan for remote ethics consultation, and CECs focused on code status discussions with surrogates. The second phase was characterized by the dramatic convergence of a rapid increase in the number of critically ill patients, a growing scarcity of resources, and the reassignment/ redeployment of staff outside their specialty areas. The third phase was characterized by the recognition that while the worst of the crisis was waning, its medium- and long-term consequences continued to pose immense challenges. We note that there were times during the crisis that serving in the role of clinical ethics consultant created a sense of dis-ease as novel as the coronavirus itself. In retrospect we learned that our activities far exceeded the familiar terrain of clinical ethics consultation and extended into other spheres of organizational life in novel ways that were unanticipated before this pandemic. To that end, we defined and categorized a middle level of ethics consultation, which we have termed service practice communication intervention (SPCI). This is an underappreciated dimension of the work that ethics consult services are capable of in times of crisis. We believe that the pandemic has revealed the many enduring ways that ethics consultation services can more robustly contribute to the ethical life of their institutions moving forward. (shrink)

Abstract:This field survey focused on two constructs that have been developed to represent the ethical context in organizations: ethical climate and ethical culture. We first examined issues of convergence and divergence between these constructs through factor analysis and correlational analysis. Results suggested that the two constructs are measuring somewhat different, but strongly related dimensions of the ethical context. We then investigated the relationships between the emergent ethical context factors and an ethics-related attitude (organizational commitment) and behavior (observed unethical conduct) (...) for respondents who work in organizations with and without ethics codes. Regression results indicated that an ethical culture-based dimension was more strongly associated with observed unethical conduct in code organizations while climate-based dimensions were more strongly associated with observed unethical conduct in non-code organizations. Ethical culture and ethical climate-based factors influenced organizational commitment similarly in both types of organizations. Normative implications of the study are discussed, as are implications for future theorizing, research and management practice. (shrink)

This article considers martial corporeality in light of the revolution in military affairs and the transformation of strategic discourse wrought by the confluence of the digital and molecular revolutions whose ontology is that of code. It deconstructs contemporary strategic desires to make the military body intelligence incarnate through mastery of code. That desire is an ancient one. The article therefore proceeds by taking military strategic discourse’s invocation of Athena seriously, and re-reads the myth of Athena in terms of (...) a primordial war of the sign to master the undecidablity of the sign. Conflict over the sign’s un-masterable power of engendering is typically played out in sexualized terms. The will to martial corporeality as intelligence incarnate is characterized as a modern replay of this war As military embodiment pursues the intelligence incarnate offered by the information and molecular revolutions, power over life becomes allied with power over death in a complex convergence of sovereign geopolitics with a global biopolitics gone digital. Populated by martial bodies that have long been cyborgs, the digital way of war witnesses the emergence of a libidinality in thrall to Athena-the-wise as digital dominatrix. (shrink)

Based on the 'Partnership Model of Corporate Ethics' (Wood, 2002), this study examines the ethical structures and processes that are put in place by organizations to enhance the ethical business behavior of staff. The study examines the use of these structures and processes amongst the top companies in the three countries of Australia, Canada, and Sweden over two time periods (2001–2002 and 2005–2006). Subsequendy, a combined comparative and longitudinal approach is applied in the study, which we contend is a unique (...) approach in the area of business ethics. The findings of the study indicate that corporations operating in Sweden have utilized ethical structures and processes differently than their Canadian and/or Australian counterparts, and that in each culture the way that companies fashion their approach to business ethics appears congruent with their national cultural values. There does, however, appear to be a convergence of views within the organizations of each culture, as the Swedish companies appear to have been more influenced in 2005–2006 by an Anglo-Saxon business paradigm than they have been in the past. (shrink)

We compared two digital humanities methods in the analysis of a contested scientific term. “Epigenetics” is as enigmatic as it is popular. Some authors argue that its meaning has diluted over time as this term has come to describe a widening range of entities and mechanisms (Haig, International Journal of Epidemiology 41:13–16, 2012). Others propose both a Waddingtonian “broad sense” and a mechanistic “narrow sense” definition to capture its various scientific uses (Stotz and Griffiths, History and Philosophy of the Life (...) Sciences 38:22, 2016). We evaluated these proposals by first replicating a recent analysis by (Linquist and Fullerton, Theoretical Medicine and Bioethics 42:137–154, 2021). We analyzed the 1100 most frequently cited abstracts on epigenetics across four disciplines: proximal biology, biomedicine, general biology, and evolution. Each abstract was coded for its heritability commitments (if any) and functional interpretation. A second study applied LDA topic modelling to the same corpus, thus providing a useful methodological comparison. The two methods converged on a discipline-relative ambiguity. Within such disciplines as biomedicine or molecular biology that focus on proximate mechanisms, “epigenetic(s)” refers to a range of molecular structures while specifying nothing in particular about their heritability. This proximal conception was primarily associated with the functions of gene regulation and disease. In contrast, a second relatively uncommon sense of “epigenetic(s)” is restricted to a small proportion of evolutionary abstracts. It refers to many of the same molecular structures, but regards them as trans-generationally inherited and associated with adaptive phenotypic plasticity. This finding underscores the benefit of digital tools in complementing traditional conceptual analysis. Philosophers should be cautious not to conflate the relatively uncommon evolutionary sense of epigenetics with the more widely used proximal conception. (shrink)

Marx and Rawls seems to have a very different concept of justice. Marx argued that the concept of justice functions in the performance of the dominant ideological mode of production required for the conduct, as universally binding legal code. Rawls is argued that justice is the first virtue of social institutions, its law may be recognized by all such people: they are fair and reasonable to discuss the issue is how to equitably divide among themselves the burden of social (...) cooperation and interests. Although embodied in Marx and Rawls an important difference between the various positions still exist, but I believe that the concept of justice is obviously two different positions, is able to reconcile. Despite the different effects of Hegel and Kant, Marx and Rawls's view can still show the same place. In a clear political concept of justice, Rawls believes that acceptable principles of justice, must be in the social system can be implemented. This led to his "Kantian constructivism", close to Hegel's view, at this point, Marx laid him on the universal, social rejection of a priori principles of justice. I believe that both Marx and Rawls are asked, and what can be seen as a social system to achieve the principles of justice as fairness. However, during which there are two important differences. First, Marx's vision, seems to be a Hume and Rawls beyond the so-called "environmental justice" society, while Rawls , the social environment beyond the justice is utopian. Secondly, Marx believed that, as the social basis of market relations should be exceeded, because the relationship between these markets to include the producers of natural and social process of production of the products of labor and social alienation. Although environmental justice in the society beyond the market's demise may be, Rawls was declared to be a just solution in the competitive demands of any society, the demise of the market are not. I believe that, if Marx's rejection of the market, as a fundamental denial "commodity fetishism", then the position of Marx and Rawls will be able to reconcile. The author concludes that, in addition to Marx's concept of the future classless society with the ideal ingredients, capitalism and the market in the concept of justice, Marx and Rawls's position is very close. Man and Raids appear to have quite different views at justice. Marx claims that the concept of justice functions ideologically to represent conduct required by the prevailing mode of production as universally binding imperatives. Rawls claims that justice is the first virtue of society, whose principles may be agreed to by all persons who impartially and rationally deliberate on the issue of fairly dividing the burdens and benefits of social cooperation. I argue that these apparently different positions on justice can be reconciled, although important differences between the standpoints of Marx and Rawls remain. Despite the differing influences on them of Hegel and Kant, the views of Marx and Rawls can be shown to converge. In proposing an explicitly political conception of justice, Rawls argues that acceptable principles of justice must be realisable in social institutions. This brings his' Kantian constructivism 'closer to the Hegelian view, on which Marx bases his rejection of universal, socially transcendent principles of justice. I argue that both Marx and Rawls can be seen as asking what social institutions can realise principles of justice as fairness. Nevertheless, two important differences remain. Marx seems to envisage a society which transcends the 'circumstances of justice', as specified by Hume and Rawls, whereas Rawls a society beyond the circumstances of justice as utopian. Secondly, Marx claims that market relations should be transcended as the basis of society, since they inherently involve alienation of producers from the social process of production and from the product of their social labour. However, while elimination of markets might be possible in a society that transcends the circumstances of justice, Rawls claims that it is not possible in any society where a fair resolution of competing claims is necessary. I argue that the positions of Marx and Rawls can be reconciled if we take Marx's objection to markets as fundamentally an objection to the 'fetishism of commodities'. I conclude that, apart from the utopian element in Marx's conception of a future classless society, the positions of Marx and Rawls on the justice of capitalism and the market are quite close. (shrink)

Phenomenal awareness, the ability to be aware of one's sensations and feelings, emerges from the capacity of evolved brains to represent their own cognitive processes by iterating and self-reapplying the cortical operations that generate representations of the outer world. Search for the neuronal substrate of awareness therefore converges with the search for the neuronal code through which brains represent their environment. The hypothesis is put forward that the mammalian brain uses two complementary representational strategies. One consists of the generation (...) of neurons responding selectively to particular constellations of features, and is based on selective recombination of inputs in hierarchically structured feed-forward architectures. The other relies on the dynamic association of large numbers of distributed neurons into functionally coherent cell assemblies which as a whole represent a content of cognition. Arguments and data are presented in favor of the second strategy as the one according to which meta-representations that support awareness are established. My hypothesis is that such distributed representations self-organize through transient synchronization of the oscillatory activity. Evidence showing that similar brain states are required both for the occurrence of these synchronization phenomena and for awareness is provided. (shrink)

There is a large body of empirical work that has investigated the relationship between parents’ child-directed speech and their children’s Theory of Mind development. That such a relationship should exist is well motivated from both Theory Theory and Socio-Cultural perspectives. Despite this general convergence, we argue that theoretical differences between the two perspectives suggests nuanced differences in the expected outcomes of the empirical work. Further, the different ontological commitments of the two approaches have guided the design, coding, and analysis (...) of existing research and imply different future directions. We discuss five areas of extant research that can be extended and diversified most coherently by adopting a SC framework. (shrink)

An idea has been increasingly gaining currency in Western democracies since the 1950s and '60s, namely the idea of the omnipotence of the media, a power that has become more pronounced as the influence of politics has become steadily weaker. This omnipotence of the media manifests itself, firstly, in the fabrication of individualistic tastes and desires, and secondly in the fragmentation of public space and social relations, if not the explosion of public space and social relations.These are the themes to (...) which I would like to return in the hope of not rewriting the story of Pangloss. I think no one will dispute the idea that the media has played, and continues to play, a crucial role in the dynamics of postmodern individualism. The norm of private happiness, the value of pleasure, and the ideal of intimate fulfilment are diffused throughout mass culture, the press and television. Thanks to the media, the fulfilment of these desires and the love of oneself has become a socially legitimated form of behaviour, an ideal for the masses. In celebrating private pleasures and private happiness, the media have undoubtedly contributed to the decline of tradition, strict moral codes and ideological commitments. Living in the present, living for oneself and in accordance with these desires have become the legitimate norm, and in this sense the media have without a doubt contributed to the culture of individualism.That is not all. Television is known to have played a role in the erosion of social life, in the erosion of certain forms of community life like the neighbourhood, the street, and the café, which had been important areas of social interaction since the nineteenth century. Television has put an end to people going out regularly to bars, cafés or on the streets; everyone goes home in the evening to watch the news or look at a film. The traditional social life of men has largely disappeared, and men spend much more time with their family and in private life. Leisure culture and the media have converged in such a way that privileges pleasures enjoyed in the intimacy of the home.For the same reason, television has caused the attendance of cinema, sporting events and theatre to drop. Television has shattered traditional forms of social and public life in favour of the consumption of images within the home, and this trend will undoubtedly only become more pronounced as the number of familial receivers increases, such as video machines, internet, cable, what one can in short call `fragmented television'.Access to information and images is becoming more and more personalized; there are greater possibilities for everyone to construct his own timetable and to escape from the homogeneity of media programming. From this point of view, the media appear to be as much an instrument for the creation of homogeneous, mass tastes as an instrument of individualization, and the privatization of life. In this context, and despite its obvious shortcomings, McLuhan's famous formula `the medium is the message' seems to me correct. (shrink)

C'est au tournant du XIXe siècle que les représentations de la jeunesse féminine italienne commencent à se croiser autour de nouveaux concepts et de nouvelles disciplines.Cet article décrit l'émergence des multiples visages de la « nouvelle jeune fille » italienne à partir des codes d'appellation et d'une plus grande mobilité dans l'appartenance aux classes d'âge juvéniles. C'est la convergence de plusieurs éléments de transformation socio-culturelle qui, dans les années 1920, est à l'origine de la naissance de la « Jeunesse (...) féminine catholique » italienne, que l'auteur examine comme lieu emblématique, entre traditions et innovations, des modèles et des normes de la formation des signorine italiennes. (shrink)

This monograph first introduces a methodology called “hamartia poetics,” which explores how novels generate their own semantic conceptions of “sin.” A poetics of sin rests on four fundamental assumptions about narrative itself: (1) narratives present a transformation from one condition to another; (2) in narratives, states of being only “exist” as compared with others; (3) narrative makes possible the act of sin; and (4) the act of sin cannot exist without the possibility of combinatory transformation. Second, it applies hamartia poetics (...) to Dickens’s Bleak House, arguing that the novel simultaneously establishes two codes of sin, but that these codes ultimately converge into one. (shrink)

One of the major roadblocks in conducting Environmental Corporate Social Responsibility (ECSR) research is operationalization of the construct. Existing ECSR measurement tools either require primary data gathering or special subscriptions to proprietary databases that have limited replicability. We address this deficiency by developing a transparent ECSR measure, with an explicit coding scheme, that strictly relies on publicly available data. Our ECSR measure tests favorably for internal consistency and inter-rater reliability, as well as convergent and discriminant validity.

Music, literature, history. These things are not quite alike. But in Europe, before the advent of recording machines that made it possible for sounds to be recorded and played back, the three activities relied on the same technology of preservation. They were kept in/as books. Bookishness, in European and colonial imaginaries, was an often-idealized, powerful means of keeping things from slipping away. An understanding of bookish things as a repository can be evinced in laws that required preserving a copy of (...) newly published literary works and music for the benefit of posterity; or in popular novels where a book featured as the chronicler (both recorder and narrator) of its own adventures, beyond the lifespans of individual users. Scholars have paid specialist attention to the ontological differences among music, literature, and history when they are kept as books. Discipline-specific trainings and conversations tend to emphasize how different these objects and practices are. Yet focusing on their shared mode of bookish preservation offers other rewards. Our multi-authored article is a creative experiment in bringing together musicologists, literary scholars, and historians to test the potential, for our own fields and with implications for other humanities disciplines, of foregrounding this technological convergence. We propose the more capacious categories of bookkeepers (people who keep things as books) and cultures of note-taking (whether glossing a textbook or notating music) as fruitful avenues to avoid writing the artificially separate histories of creation versus consumption, public versus personal, authoritative versus amateurish, or artistic versus documentary practices. Music, broadly conceived, and the nineteenth-century album (a book of blank pages to keep verses, music, memories, and many more things) serve as the starting point for our reflections. Both exhibit a tangential connection to the normative codes of what Roger Chartier called “the order of books.” In considering actors/artifacts/acts at the very margins of textuality, or existing in a perverse relationship with bookishness, our aim is to redraw the knowledge-making structures we use to investigate our objects of study, calling attention to the intermedial and social practices, and cultures of remembrance, in which they are historically imbricated. (shrink)

The possible evolutionary significance of epigenetic memory and codes is a key problem for extended evolutionary synthesis and biosemiotics. In this paper, some less known original works are reviewed which highlight theoretical parallels between current evolutionary epigenetics, on the one hand, and its predecessors in the eco-physiology of higher nervous activity, on the other. Recently, these areas have begun to converge, with first evidence now indicating the possibility of transgenerational epigenetic inheritance of conditional associations in the mammalian nervous system, and (...) related findings in other taxa. This can serve as an interesting example of evolutionary code-making, where the molecular mechanisms underlying arbitrary associations between stimuli involve lasting changes in gene expression that may be transmitted epigenetically across generations, and which in some cases could be further assimilated into the genome over subsequent evolution. Although preliminary, such epigenetic scenarios would also offer an interesting, if so far overlooked parallel to earlier research carried out by one of I.P. Pavlov’s leading students, acad. P.K. Anokhin, and his colleagues, but also by eminent eco-physiologists of the time, several of whom offered arguments for the possibility of unconditional reflexes representing evolutionarily later, specialized, and reduced forms of associative reflexes, from which they may be derived. Although discarded under the growing dominance of modern synthesis, these early epigenetic investigations may deserve renewed attention in the modern context, and if further confirmed, could open essentially new perspectives on the morphofunctional evolution of the nervous system. (shrink)

Le mot multimédia possède plusieurs sens précis et un sens général très vague. Mais ce brouillard sémantique masque deux histoires exemplaires, emmêlées mais distinctes. Dans l'une média signifie «manière de coder l'information», alors que dans l'autre le mot recouvre des branches des industries de la communication. La première est un cas exemplaire de pensée abstraite concrétisée, une bonne illustration de l'intérêt des recherches fondamentales théoriques. La seconde tradition, réincarnée dans le thème de la convergence au moment de la «bulle (...) technologique», fournit un très bon exemple de l'autonomie de l'économie par rapport à la technologie. La première histoire est celle d'un succès, la seconde celle de deux vagues d'échecs.The word has several multimedia precise meaning and a general sense very vague. But the fog hides two semantic inspiring stories, tangled but distinct. In one media means "way of coding information," while in the other the word covers the branches of the communications industries. The first is a case of abstract thought materialized, a good illustration of the interest of theoretical basic research. The second tradition, reincarnated in the theme of convergence when the "bubble" provides an excellent example of the autonomy of the economy relative to technology. The first story is one of success, the second that of two waves of failures. (shrink)

‘Translation’ is one of our all-purpose metaphors for almost any kind of mediation or connection: we ask of a principle how it ‘translates’ into practice, we announce initiatives to ‘translate’ the genome into predictions, and so forth. But the metaphor of translation — of the discovery of equivalents and their mutual substitution — so attracts our attention that we forget the other kinds of inter-linguistic contact, such as transcription, mimicry, borrowing or calque. In a curious echo of the macaronic writings (...) of the era of the dawn of print, the twentieth century's avant-garde, already foreseeing the end of print culture, experimented with hybrid languages. Their untranslatability under the usual definitions of ‘translation’ suggests a revival of this avant-garde practice, as the mainstream aesthetic of the moment invests in ‘convergence’ and the subsumption of all media into digital code. (shrink)

An adequate understanding of ‘the self’ and/or ‘primary-process consciousness’ should allow us to explain how affective experiences are created within the brain. Primitive emotional feelings appear to lie at the core of our beings, and the neural mechanisms that generate such states may constitute an essential foundation process for the evolution of higher, more rational, forms of consciousness. At present, abundant evidence indicates that affective states arise from the intrinsic neurodynamics of primitive self-centred emotional and motivational systems situated in subcortical (...) regions of the brain. Accordingly, a neural understanding of ‘the self’ may arise from a study of how various biological value-coding systems converge and interact with coherent brainstem representations of the body and nearby attentional/waking systems of the brain. Affective feelings may be caused by the neurodynamics of basic emotional circuits interacting with the neural schema of bodily action plans. One key brain area where such interactions occur is found within centromedial diencephalic midbrain areas such as the periventricular and periaqueductal gray and nearby tectal and tegmental zones. Here I will envision that a Simple Ego-type Life Form is instantiated in those circuits The ability of this ’primal SELF’ to resonate with primitive emotional values may help yield the raw subjectively experienced feelings of pleasure, lust, anger, hunger, desire, fear, loneliness and so forth. A study of such systems is a reasonable starting point for the neurological analysis of affective feelings, which may lie at the periconscious core of all other forms of animal consciousness. If such a neurodynamic process was an essential neural preadaptation for the emergence of higher levels of consciousness, it may help us close the explanatory gap between brain circuit states and the psychological nature of affective feelings. Thereby, it may also help us conceptualize the nature of psychological binding within higher forms of consciousness in new ways. (shrink)

The present study attempts to investigate and analyze the relationship between the language used by the Hui nationality, its social situation, and identity construction from a sociosemiotic perspective, and makes a further discussion on the process of identity construction via language convergence, divergence, and maintenance. It goes further to put forward the distinction between social identity/ethnic identity and group identity/personal identity as well as the roles that language convergence and divergence have played within these identity constructions, proposes that (...) language convergence and divergence are the two crucial language strategies utilized by people in code switching, therefrom constructing a dynamic balanced identity system recursively. (shrink)

David Lewis (1969) introduced sender-receiver games as a way of investigating how meaningful language might evolve from initially random signals. In this report I investigate the conditions under which Lewis signaling games evolve to perfect signaling systems under various learning dynamics. While the 2-state/2- term Lewis signaling game with basic urn learning always approaches a signaling system, I will show that with more than two states suboptimal pooling equilibria can evolve. Inhomogeneous state distributions increase the likelihood of pooling equilibria, but (...) learning strategies with negative reinforcement or certain sorts of mutation can decrease the likelihood of, and even eliminate, pooling equilibria. Both Moran and APR learning strategies (Bereby-Meyer and Erev 1998) are shown to promote successful convergence to signaling systems. A model is presented that illustrates how a language that codes state-act pairs in an order-based grammar might evolve in the context of a Lewis signaling game. The terms, grammar, and the corresponding partitions of the state space co-evolve to generate a language whose structure appears to reflect canonical natural kinds. The evolution of these apparent natural kinds, however, is entirely in service of the rewards that accompany successful distinctions between the sender and receiver. Any metaphysics grounded on the structure of a natural language that evolved in this way would track arbitrary, but pragmatically useful distinctions. (shrink)

Le présent exposé tente d’explorer et de comparer les méthodes qu’on a proposées jusqu’ici pour mesurer la distance entre deux textes. Les formules sont diverses, et s’appliquent tantôt à la fréquence, tantôt à la présence / absence. Et l’objet mesuré varie grandement (graphies, n‑grammes, lemmes, classes de fréquence, codes grammaticaux, structures syntaxiques ou sémantiques). L’expérience montre pourtant que la convergence est au rendez-vous.

In this book, Michael Madary examines visual experience, drawing on both phenomenological and empirical methods of investigation. He finds that these two approaches—careful, philosophical description of experience and the science of vision—independently converge on the same result: Visual perception is an ongoing process of anticipation and fulfillment. Madary first makes the case for the descriptive premise, arguing that the phenomenology of vision is best described as on ongoing process of anticipation and fulfillment. He discusses visual experience as being perspectival, temporal, (...) and indeterminate; considers the possibility of surprise when appearances do not change as we expect; and considers the content of visual anticipation. Madary then makes the case for the empirical premise, showing that there are strong empirical reasons to model vision using the general form of anticipation and fulfillment. He presents a range of evidence from perceptual psychology and neuroscience, and reinterprets evidence for the two-visual-systems hypothesis. Finally, he considers the relationship between visual perception and social cognition. An appendix discusses Husserlian phenomenology as it relates to the argument of the book. Madary argues that the fact that there is a convergence of historically distinct methodologies itself is an argument that supports his findings. With Visual Phenomenology, he creates an exchange between the humanities and the sciences that takes both methods of investigation seriously. (shrink)

In free and open source software (FOSS), computer code is made freely accessible and can be modified by anyone. It is a creative domain with many unique features; the FOSS mode of creativity has also influenced many aspects of contemporary cultural production. In this article we identify a number of fundamental but unresolved general issues in the study of creativity, then examine the potential for the study of FOSS to inform these topics. Archival studies of the genesis of FOSS (...) projects, coupled with laboratory studies detailing the psychological processes involved in software creation, can provide converging evidence on the nature of creativity in software design. Such a research program has broad implications both for theories of creativity and for real-world innovation in software and other forms of digital cultural production. (shrink)

This paper investigates the ways English speakers employ the predicates like, similar, and resemble to express similarity in natural speech. A corpus of 450 instances was created and manually coded, and an acceptability rating experiment was conducted. Converging evidence from the corpus analysis and the experiment shows that the three predicates occur with the same range of uses, but differ in their propensities to occur with particular dimensions of similarity. Specifically, like is associated with metaphorical comparisons, and resemble is associated (...) with visual comparisons. A synchronic account of these findings is developed, based on a distinction between conventionally encoded meaning and prototypical usage. A diachronic account is also proposed, highlighting the commonality in the predicates’ conceptual origins and the differences in their historical usage. This work has theoretical and methodological implications for the study of similarity. In particular, it raises the possibility that previous findings may be distorted due to a reliance on certain similarity predicates in the phrasing of experimental instructions and stimuli. It also ties into debates on synonymy, suggesting a shift in attention from a distinction between denotational and associative meaning, to the aforementioned distinction between conventional and prototypical meaning. (shrink)

Neopoetics is a matrix for dynamic perceptual convergences between material and immaterial systems. The deep foundational ground for Neopoetics is the Poetics of Aristotle and its relation to the ancient Greek theatre as a practical systemic ideology for the mythic Greek drama. As Aristotle’s Poetics posits six basic components for the construction of drama (plot, character, thought, diction, song and spectacle) the neopoetic system has six constituent aspects: expanded embodiment, experiential metaphor, matrix architecture, perceptual resonance, the rheomode and neopoetic mythos. (...) Expanded embodiment describes an expansion of the corporeal body into fluid, dematerialized dimensions of experience, expression and exchange. Experiential metaphor is a sensate interface between the expanded body and the dematerialized field that contextualizes it in a neopoetic framework. It is what Roy Ascott terms an interspace: ‘found between the virtual and actual, where reality is renegotiated and the new consciousness is embodied’. The next three neopoetic aspects describe the language structures through which a new mythos is articulated. Matrix architecture is a framework for activation and alignment of the senses. It is a multisensory perceptual membrane that ignites the prism of the expanded body’s sensorium within the fluid interface of experiential metaphor. Matrix architecture articulates both a new sensorium and its interface with an integrated material/immaterial perceptual field. Perceptual resonance is the cathartic awakening of ‘the space between the senses’, evoked by the alignment of perceptual dimensions through matrix architecture. From this prismatic aperture emerges the mythic, transformative rheomode – the experiential language of the quantum wave. The rheomode is an expression of language. The term was coined by the quantum physicist David Bohm as an experiment in pursuit of a linguistic dimension of the wave. Yet in a neopoetic context, the rheomode becomes an evolutionary system. As Roy Ascott states,Language is not merely a device for communicating ideas about the world but rather a tool for bringing the world into existence. Art is a form of world building, of mind construction, of self-creation, whether through digital programming, genetic code, articulation of the body, imaging, simulation, or visual construction. Art is the search for new language, new metaphors, new ways of constructing reality, and for the means of redefining ourselves.Neopoetics mythos unfurls through the rheomode. It is an expression of an emerging ecology, an experiential awakening of the wave within the particle. Neopoetic myths are fluid evolutionary pulsations. They are transformation in the liquid convergences between material and immaterial dimensions. They are streams of lava birthing bedrock for an emerging paradigm. (shrink)

Traditionally, civil law jurisdictions in Scandinavia and the continent of Europe have not been willing to acknowledge the appropriateness of extending bankruptcy relief to consumer debtors and discharging any part of their debts. The opposition was based on the importance of upholding the sanctity of contractual obligations: pacta sunt servanda. This attitude stood in contrast to the fresh start philosophy of US bankruptcy law, which embraced a more forgiving attitude, focusing on the reintegration of the insolvent debtor into society, substantially (...) free of debt, after he has filed for bankruptcy and surrendered his non-exempt property for distribution among his creditors. The relaxation of credit controls and the rapid increase in the number of insolvent debtors in the late 1980s and early 1990s has forced many continental jurisdictions to reconsider their traditional opposition. They have since adopted debt adjustment plans providing various forms of debt relief to overcommitted debtors but only a substantial number of years after the initial proceedings. The American reaction has gone in the opposite direction. With the adoption of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the United States has reversed its century old liberal fresh start tradition. The 2005 Act imposes a formidable means test as well as other preconditions to determine whether a debtor has sufficient discretionary income to pay off twenty percent of his or her unsecured debts under a Chapter 13 plan. If the answer is yes, the debtor is denied the right to file a bankruptcy petition under Chapter 7 of the Bankruptcy Code. This paper asks whether these developments on opposite sides of the Atlantic suggest that facts on the ground are more important than dogma and deeply entrenched beliefs. The author’s answer is that while there is certainly a trend towards convergence between continental European and US approaches to consumer insolvency, it is much too soon to speak of a common culture and a common approach. He notes, however, that Commonwealth jurisdictions have long adopted a means test to determine a debtor’s eligibility for discharge from debt and suggests that continental scholars would have done better to study the Commonwealth experience as embodying a suitable compromise than to flirt with the US fresh start philosophy, only to reject it as too alien to the continental moral sense. (shrink)

In Regina v. Murray, (2000, Ont S.Ct.J.) the learned trial judge, Justice Gravely, errs in his interpretation and application of the law of mens rea in the offense of willfully attempting to obstruct justice under section 139(2) of the Criminal Code of Canada. In view of his findings of fact and law, including the determination that the accused knowingly and intentionally committed the actus reus of the offense and the absence of any suggestion that he lacked awareness of any (...) relevant facts, there is no question in law but that Kenneth Murray was liable to be, and actually should have been, convicted. Nonetheless, the trial judge concluded that Murray’s alleged belief, that his actions were required by his duty to his client, raised a reasonable doubt about his intention to obstruct justice and entitled him to be acquitted. -/- In his reasons for judgment, the trial judge analyzes mens rea as if there is a “color of right” defense to the offense of obstruction of justice. In law, however, no such defense exists to this offense. Consequently, even if Mr. Murray did “honestly believe” that he had a duty to his client not to disclose the existence of the video tapes, that belief could not provide him with an exculpatory defence. In Canada, pursuant to common law and section 19 of the Criminal Code, mistakes of law do not excuse accused persons from responsibility for criminal conduct in the absence of a statutory exception. No exception exists for the offense of obstruction of justice. Yet the Crown did not choose to appeal and thereby signaled its acceptance of the legal analysis adopted by the trial judge. By contrast, if the analysis proposed in this piece had been adopted, the Crown should have prevailed at trial and, if unsuccessful at trial, would have had a right of appeal on a question of law. -/- At least two tendencies converge as significant influences shaping the outcome in the Murray case. The central tendency, discussed in Part I of this article, is the trial judge’s treatment of the accused’s alleged mistake about his legal duty as if it were a mistake about a question of fact which therefore could give rise to a reasonable doubt about intention or culpable awareness. This approach to mistaken beliefs ignores the distinction between mistakes of law and mistakes of fact, and then characterizes all mistakes as mistakes of fact. Unfortunately, this is not uncommon in the case law. In recent years however, as explained below, the judiciary has rejected that approach in a number of leading cases and ruled that mistakes which are actually mistakes about the meaning, scope, or application of the law are subject to the general rule and do not provide an accused with an exculpatory defense. The relationship between mistake of law and mens rea in Canadian criminal law has also been the subject of critical scholarly comment in Canada in recent years. The Murray decision provides evidence that, despite clarification by the Supreme Court, in some lower courts the unrefined approach to mistaken belief continues to shape the legal analysis of criminal culpability, even when the mistaken belief is overtly a belief about the law. This will not change until the proper characterization of mistaken beliefs as legal or factual becomes a deliberate and common-place aspect of case analysis at the trial court level. -/- The other tendency, discussed in Part III of this article, is one that often appears as a companion to the first - the judicial tendency to perceive and invoke analytical legal ambiguity in favour of accuseds more readily in cases in which the impugned conduct involves the discretionary exercise of authority which, when used appropriately, is fully legitimate and essential to the normal functioning of the existing socio-legal order. Of course, courts are strongly influenced by the arguments put to them by counsel. And counsel, acting on behalf of client groups with particular group interests may, consciously or unconsciously, favour the development of those lines of analysis which are protective of that interest or associated institutional interests. One of the reasons for scrutinizing the Murray case is that it provides a concrete context for discussion of those issues in relation to an actual decision made by Crown prosecutors. The case provides an occasion to examine a specific example of the exercise of prosecutorial discretion, its implications for the administration of criminal justice, and its broader potential impact on the public interest. [See also errata in UNBLJ 2002 volume 52 at pp 309-310.]. (shrink)