This article aims to shed some light on the concepts embedded in the expressions ‘services of general interest’ (‘SGI’), ‘services of general economic interest’ (‘SGEI’), ‘non-economic services of general interest’ (‘NSGI’) and ‘social services of general interest’ (‘SSGI’). It is submitted that the expression ‘SGI’ conveys a general concept which comprises both SGEI and NSGI. SGEI may be distinguished from NSGI in that only the former involve an economic activity. In contrast (...) to SGI, SGEI and NSGI, the expression ‘SSGI’ is nowhere to be found in primary EU law. This means that it is for the EU legislator and, as the case may be, for the Member States to define such expression. Furthermore, this article supports the contention that a definition of the principles and conditions underpinning the operation of SGI must be capable of adapting to changing times and social perceptions, whilst being respectful of the vertical and horizontal allocation of powers set out in the Treaties. Vertically, a definition of SGI must not impinge upon the powers retained by the Member States. In the absence of harmonisation, it is for the Member States to define the services they consider to be of general interest, unless they commit a manifest error of assessment. In the presence of EU harmonising measures, the margin of discretion enjoyed by the Member States is, if still existent, narrowed down, given that national authorities are required to comply with the objectives pursued by the EU legislator. Horizontally, a definition of SGI must not encroach upon the prerogatives of the Commission in the realm of competition law. Moreover, in light of Article 9 TFEU and secondary EU legislation, the specific features of SSGI must be taken into consideration when determining the compatibility with EU State aid rules of public service compensation awarded to the providers of those services. An EU conceptual framework for the SGI must thus be the result of a constructive dialogue between the different levels of governance, as well as of a balanced solution among different policy areas in relation to which the EU enjoys competences. (shrink)

As family physicians, general practitioners play a key role in safeguarding children. Should they suspect child abuse or neglect they may experience a conflict between responding to the needs and interests of the child and those of an adult patient. English law insists on the paramountcy of the interests of the child, but in family practice many other interests may be at stake. The authors argue that uncritical adoption of the paramountcy principle is too simplistic and can lead, paradoxically, (...) to greater harm. They argue for a more subtle and nuanced view of interests and of conflicts of interest in safeguarding children. (shrink)

February 1, 2000 TABLE OF CONTENTS TABLE OF AUTHORITIES......................................................................................... .......................ii STATEMENT OF INTEREST.................................................................................................... ......... v..

This article about the social responsibility of the large corporation is not a paper about stewardship in general. If it were, it would have to focus primarily on the principle of long-term market accountability and the related principle of fidelity to long-term stockholder interests. Most of management's stewardship responsibilities can be subsumed under those two principles.This paper will deal with areas in which those two principles alone are not adequate to define management's stewardship responsibilities. These areas of social accountability (...) occur chiefly where the interests of employees or the general public are at stake — where their human and social purposes sometimes collide with the more limited commercial purposes of the large corporation. (shrink)

Next SectionWainwright and Gallagher propose that when child protection concerns emerge significant difficulties arise for General Practitioners because of conflicts between the individual interests of children and parents who are their patients and the Paramountcy Principle. From a psychodynamic perspective their analysis does not give sufficient weight to the nature of personal as opposed to interpersonal conflict of a conscious or unconscious nature. When issues of major import arise, ordinary parenting inevitably involves parents in putting their children's needs first (...) if competing possibilities occur. It is an over-simplification to present this as a conflict between the interests of children and parents. Parents' own best interests are served by securing their children's safety and welfare. An appreciation of this is crucial in order to implement child protection procedures appropriately. Errors may occur because the complex emotions and relationships involved lead professionals to experience themselves as potential agents of harm rather than benefit. (shrink)

Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.

In this paper, however, I will argue that Kant’s restriction of interest to natural rather than artistic beauty should not be taken as a basic aspect of his aesthetic theory, and thus need not affect our assessment of that theory’s more basic claims. First, I will suggest that Kant’s theory of intellectual interest is not really necessary to explain what we ordinarily mean by an interest in beautiful objects—a desire to preserve them for repeated experience, a motivation (...) for our efforts to see them and our willingness to pay for them, and the like—and that the exclusion of art from a special moral interest thus does not leave our general interest in its objects unexplained. But, I will also argue, Kant’s own theory of art and our response to it actually allows beauties of art to have just as much claim to this intellectual interest as do objects of natural beauty. Kant’s differentiation of natural and artistic beauty with regard to moral interest turns on an ambiguity in the concept of nature itself, as well as on Kant’s assumptions that art, unlike nature, is a product of an intention to produce pleasure through determinately conceived objects, and that our response to art, again unlike that to nature, must be connected to a recognition of its intentionality. But Kant’s own theory of artistic creation—his theory of genius—undermines the force of the first of these assumptions, for it teaches us that art, while indeed the product of intentional activity, also calls upon the use of a natural talent that deserves our admiration as much as any other gift of nature. In other words, Kant’s own view of the complexity of artistic intentions forbids the simple differentiation of art and nature that he employs in §42, and while Kant’s theory of aesthetic response does not clearly preclude the view that our response to art must take into account the intentions with which art is produced, it also hardly entails this view. This may have been obscured from Kant by the indeterminacy of his own key concept of the freedom of the imagination, but, I will suggest, this freedom might actually have to be extended to the case of art if it is to work even in Kant’s paradigmatic case of natural beauty. Thus, on Kant’s own account the beauties of nature and of art are far more intimately connected, both in their own ontological status and in our response to them, than his theory of intellectual interest concedes. (shrink)

Owing to a genral dissatisfaction with hedonistic theories of value, a number of recent discussions have sought to identify an agent's selfinterest, individual utility, or personal welfare with what the agent most wants to do, all things considered. Two features of these accounts merit special attention for the argument in this paper. First, on such accounts any desire or aversion which persists in the face of complete information is logically relevant to the determination of an agent's self interest. This (...) includes apparently altruistic desires like a desire for another's happiness as well as more narrow and self-regarding desires like a desire to eat a good meal. Second, when the agent finds himself in a situation where he must choose between incompatible desires, his informed preference determines the act which is most in his self-interest. (shrink)

We examined the public interest reports of General Motors from 1971 to 1990 and presented the contents thereof herein. The principal areas disclosed by GM during those years that are discussed in this paper were minorities, women, and employment issues, energy and the environment, international operations, automotive safety, and philanthropic activity. The purpose of this study was to examine the public interest report as a vehicle through which a firm might disclose information in the public interest. (...) We concluded that there were at least three principal forces driving GM's disclosures. They included public attention focused on, potential costs associated with, and the relative subjectivity of an issue.In reading their public interest reports, it became clear that GM is socially responsive in matters of public interest. Whether they are socially responsible is a judgment not within the scope of this study. However, we do not preclude the possibility that the report may serve as a vehicle which would build a certain momentum in public responsibility, and thus partially drive decisions made by management in social issues. (shrink)

Community-based healthcare organisations manage competing, and often conflicting, priorities. These conflicts can arise from the multiple roles these organisations take up, and from the diverse range of stakeholders to whom they must be responsive. Often such conflicts may be titled conflicts of interest; however, what precisely constitutes such conflicts and what should be done about them is not always clear. Clarity about the duties owed by organisations and the roles they assume can help identify and manage some of these (...) conflicts. Taking divisions of general practice in Australia as an example, this paper sets out to distinguish two main types of conflicts of interest, so that they may be more clearly identified and more effectively managed. (shrink)

Bender, Robert Review of: In the public interest: 150 years of the Victorian Auditor-General's office, by Peter Yule, 2002, VAGO, 304 pages.

The general interest (by opposition to the common interest) presents itself as a position of overhang, taking the point of view of society and the requirements of rationalization supposed to structure it. We propose to examine three different options concerning the nature and the determination of this interest. We follow a chronological approach which, in fact, refers to essential conceptual distinctions. Lemercier de La Rivière’s approach shows general interest as a mere epiphenomenon of the (...) interest of the members of society who are all seeking to see their individual gains maximized. The approach of Saint-Simon overturned it because, for him, the rights of individuals depend entirely on their social function in the industrial system in such a way that the only common interest of individuals is their interest as member of the industrial society. The general interest assumed by the State expresses the general requirements of industry, i.e. the production and optimum distribution of resources throughout the whole body of society. Finally, Leon Bourgeois' approach allows to articulate a thesis based on the rights and protection of individuals with a thesis based on the promotion of social interests irreducible to individual interests. The general interest incarnated by the State aims to reinstate the individual in the requirements and the civic obligations in particular by duties like that of paying the tax. (shrink)

I discuss Peter Singer’s claim that the interests of animals merit equal consideration with those of human beings. I show that there are morally relevant differences between humans and animals that Singer’s rather narrow utilitarian conception of morality fails to capture. Further, I argue that Singer’s formal conception of moral equality is so thin as to be virtually vacuous and that his attempts to give it moresubstance point to just the kind of differences between humans and animals that undermine his (...) equalitarian thesis. (shrink)

Christopher D. Stone has claimed that natural objects can and should have rights. I accept Stone’s premise that the possession of rights is tied to the possession of interests; however, I argue that the concept of a natural object needs a more careful analysis than is given by Stone. Not everything that Stone calls a natural object is an object “naturally.” Some must be taken as artificial rather than as natural. Thistype of object cannot be said to have intrinsic interests (...) and hence cannot be given rights that can protect “its own sake”-which is the sort of right that Stone focuses on. Further, there are other sorts of natural objects which, although they are objects “naturally,” cannot meaningfully be said to have intrinsic interests, and thus cannot have the sorts of rights that Stone is concerned with. Finally, there are other sorts of natural objects which are objects naturally and which have intrinsic interests, but which are not proper candidates for the possession of rights. The prerequisites for being “owed” rights are the possession of intrinsic interests and the capability to suffer when those interests are interfered with or denied or threatened. (shrink)

The article aims to question a commonplace : Marx would only have criticized the idea of “general interest” because, in his view, it would have been created during the French Revolution in order to guarantee and in the same time veil the bourgeois interest. The analysis, based on an enquiry on the German terms used by the young Marx, reveals, beside this critique, a theoretical attempt to think a “common” or “human” interest. This common interest (...) would overcome class antagonism, and take over the interests of all and of everyone. (shrink)

RÉSUMÉ: De manière générale, les désirs sont aux intérêts ce que les croyances sont aux vérités. Étant admis que ce qui est conforme à vos intérêts est ce que vous désireriez, tout compte fait, si vous étiez en possession d'une information telle au sujet de ses effets potentiels qu'aucune information additionnelle sur ces effets ne modifierait vos désirs, la conclusion selon laquelle vous désirez déjà, tout compte fait, favoriser vos intérêts peut être tirée moyennant certaines suppositions plausibles en philosophie de (...) l'esprit. (shrink)

General practitioners (GPs) have to negotiate a range of challenges when they suspect child abuse or neglect. This article details findings from a Delphi exercise that was part of a larger study exploring the conflicts of interest that arise for UK GPs in safeguarding children. The specific objectives of the Delphi exercise were to understand how these conflicts of interest are seen from the perspectives of an expert panel, and to identify best practice for GPs. The Delphi (...) exercise involved four iterative rounds with questionnaires completed by an expert panel. Results from each round were distilled and findings sent to panel members until consensus was reached. Panel members shared insights regarding their understanding of conflicts of interest in relation to GPs and safeguarding children and responses when conflicts of interests arise. Findings suggested a broader understanding of conflicts of interest (intrapersonal, interpersonal, interprofessional and interagency), the importance of professional judgement in uncertain situations when both action and inaction have potentially negative consequences and the importance of trust. The Delphi exercise was an effective means to bring together a wide range of professional and disciplinary perspectives on a complex topic. Findings caution against the oversimplification of the conceptual and practical issues, emphasise the importance of professional judgement, and support the development of open and trusting relationships with families and among professionals in health and social care agencies. (shrink)

In the vast landscape of Edmund Husserl’s investigations, the theme of attention has long been neglected: the dispersal of his treatment of the topic across works from various years, the use of a diversified lexicon, and an intrinsic difficulty in identifying the attentional phenomenon itself have all contributed to the long-standing underestimation of this theme. Following a line of study that – especially after the publication of volume XXXVIII of the Husserliana (Wahrnehmung und Aufmerksamkeit) – has renewed interest in (...) this topic, this article aims to contribute to the historical as well as theoretical reconstruction of Edmund Husserl’s phenomenology of attention. In particular, we will focus on the contribution of a figure who had a crucial impact on Husserl’s development and the framing of the phenomenological method itself, namely Carl Stumpf, concentrating especially on the engagement that the father of phenomenology had with him, starting from the treatment of attention through the concept of interest. This debate will be reconstructed from the examination of (1) part of the Göttingen Lectures of 1904-05, explicitly dedicated to attention; (2) a very early but theoretically significant Husserlian manuscript, “Noten zur Lehre von Aufmerksamkeit und Interesse” (1893); and (3) Stumpf’s own work, particularly Tonpsychologie, where the interpretation of attention as “Lust am Bemerken” is formulated and with which Husserl engages in a rigorous critical dialogue. On the basis of this confrontation, we will highlight from an original perspective Husserl’s significant debt to the psychology of the time, from which he not only borrowed certain themes and a general interest in the simplest levels of experience, but also the basic outlines of notions that would serve as the foundation for the development of some crucial concepts of transcendental phenomenology such as that of intentionality. Moreover, it is through the examination of attention that the profound continuity of Husserl’s reflection becomes apparent, evidenced by the extraordinarily early emergence of crucial and typical notions of his later phase (known as “genetic phenomenology”) during these formative years, even before the phenomenological method was fully developed. (shrink)

In Nicholas Smyth’s recent article, “When Does Self-Interest Distort Moral Belief,” he argues that self-interest undermines justification for moral belief if it justifies itself. In so doing, he opposes the standard account, which says that, to the extent that a person’s moral belief is explained by her egoistic or parochial interests, that belief is less justified. However, Smyth’s attack on the standard account, and the principle that he proposes to replace it with, do not withstand critical scrutiny, and (...) that is what this article is intended to show. To that end, the article is divided into three sections. In the first, I explain the standard account and provide some background. In the second, I critically examine Smyth’s three arguments against the standard account. In the third, I explain and attack Smyth’s own principle. I conclude that Smyth’s principle should not be accepted, and the standard account should not be rejected, at least on the basis of Smyth’s arguments: self-interest undermines justification in general, as per the standard account, not only when it justifies itself. (shrink)

Self-Interest before Adam Smith inquires into the foundations of economic theory. It is generally assumed that the birth of modern economic science, marked by the publication of The Wealth of Nations in 1776, was the triumph of the 'selfish hypothesis'. Yet, as a neo-Epicurean idea, this hypothesis had been a matter of controversy for over a century and Smith opposed it from a neo-Stoic point of view. But how can the Epicurean principles of orthodox economic theory be reconciled with (...) the Stoic principles of Adam Smith's philosophy? Pierre Force shows how Smith's theory refutes the 'selfish hypothesis' and integrates it at the same time. He also explains how Smith appropriated Rousseau's 'republican' critique of modern commercial society, and makes the case that the autonomy of economic science is an unintended consequence of Smith's 'republican' principles. (shrink)

In order to explain the idea that sacrifice involves voluntary diminution of the agent’s well-being, “well-being” must be explained. The thesis that an agent’s well-being just consists in the occurrence of events wanted is rejected. Overvold replaces it by the view that the motivating desires involve the existence of the agent, alive, at the time of their satisfaction. This view seems counterintuitive. The whole desire-satisfaction theory is to be rejected partly because we dont’t think an event worthwile if it is (...) not liked when it occurs, and partly because the theory cannot give a sensible account of what is good for an individual when his desires change. A more satisfactory view is that the goodness of an event for a person is fixed by his total gratifications as a result of its occurrence, provided they would occur if the person were fully informed about facts knowledge of which would change them if it existed. But self-sacrifice seems to involve not only voluntary diminution of well-being in this sense, but belief that the action is taken for the benefit of someone else. Overvold’s view leaves open the possibility that acting morally is never contrary to self-interest, if one of the agent’s major interests is that he act morally. This is an ingenious suggestion, but seems a bit counterintuitive. (shrink)

I examine the self-interest based contractarian's attempt to answer the question, "Why be moral?" In order to defeat the skeptic who accepts reasons of self-interest only, contractarians must show that the best theory of practical reasons includes moral reasons. They must show that it is rational to act morally even when doing so conflicts with self-interest. ;I examine theories offered by Hobbes, Baier, and Grice, and show they fail to defeat skepticism. Hobbes' theory gives no special weight (...) to moral reasons as they can be eliminated in favor of prudential reasons; Baier's theory fails to establish that from the fact that it is rational to adopt the moral points of view, it is rational to act from it; and Grice's theory attempts to link promising, obligations, and reasons, but leaves certain crucial points in the argument undefended. ;In Morals by Agreement, Gauthier offers the best theory of its kind, and treatment of it constitutes the bulk of the thesis. Gauthier tries to refute the skeptic by showing that it is in one's interest to adopt a moral disposition, and that every action expressing the disposition is rational. The dispositional move is one the contractarian must make to avoid the problems facing the other theories examined. But Gautheir's argument for the rationality of the disposition relies on an empirically dubious assumption of translucency, and as such, fails to show that persons in ordinary circumstances are rational to be moral. Moreover, Gauthier fails to show that the rationality of the disposition carries over to the particular actions expressing it. The alternative view, called the "Independency Thesis," is more plausible than Gauthier's, but not available to him. Thus the contractarian fails to defeat skepticism. (shrink)

In “The Search for Environmental Rights,” Joseph Sax argues that each individual should have, as a right, freedom from environmental hazards and access to environmental benefits, but he makes clear that environmental rights do not exist and their recognition would truly be a novel step. Sax states that environmental rights are different from existing human rights and argues that the closest analogy is welfare interests. In arguing for environmental rights, I follow Sax’s direction and draw from the work of those (...) who are the most relevant in establishing environmental rights. I consider Joel Feinberg’s notion of welfare interests, Henry Shue’s notion of basic rights, and James Nickel’s right to a safe environment. I draw from Mill’s harm principle, the superfund legislation, and the Clean Air Act to illustrate the existing ethical and legal bases for establishing environmental rights. Finally, I discuss positive and negative duties that such rights might carry. (shrink)

The conclusion of animal liberationists that the underlying assumptions of modern egalitarian humanism can be construed to imply an equal moral desert for the higher nonhuman animals has recently been challenged by R. G. Frey on the grounds that linguistic incompetence and lack of self-consciousness on the part of animals preclude them from having desires, beliefs, interests, and rights. AlthoughFrey’s arguments fail, they challenge us to provide alternative accounts of these descriptive and normative categories of human and animal psychology. Phenomenological (...) and behavioral analyses demonstrate both the meaningfulness and the truthfulness ofattributing desires, beliefs, and interests to many nonhuman animals. Principles ofaxiology and ethics prescribe that animal interests ought to be objects of our moral concern, but do not vindicate an egalitarian interpretation of animal liberation. A fundamental challenge of the anima1liberation debate is how to frame a nonegalitarian ethic that can nevertheless preserve the moral gains of various liberation movements inspired by principles of equality. (shrink)

In both environmental ethics and bioethics, one central issue is the range of entities that are morally considerable. According to one view on this issue, we ought to extend consideration to any entity that possesses interests. But what kinds of entities possess interests? Some philosophers have argued that only sentient beings can have interests, while others have held that all living organisms possess interests in the fulfillment of their biological functions. Is it true that all living organisms have biological interests? (...) The standard arguments made against biological interests are unsatisfactory. There are two central reasons why we ought to reject the idea of biological interests: a metaphysical reason and a normative reason. First, the idea of biological interests implies a metaphysically mysterious account of the nature of how things come to have value for an entity. Second, as normative interests, the idea of biological interests implies that what is good for human beings is at least partly determined by things that are external to themselves, completely independent of their capacities for desires, conflicting with the individual ideal of self-direction, according to which it is fundamentally desirable that how we ought to live (or what is good for one) is grounded in one’s own capacities for desires. It is still an open possibility that nonsentient entities may be morally considerable in the sense of having intrinsic value. (shrink)

The past presidential election reinvigorated interest in the applicability of conflict of interest legislation to the executive branch. In § 2, we survey various approaches to conflicts of interest, paying particular attention to 18 U.S.C. § 208. Under 18 U.S.C. § 202, this conflict of interest statute is straightforwardly inapplicable to the President. We then explore the normative foundations of such an exemption in § 3. While these sections are ultimately lenient, we go on to consider (...) the Emoluments Clause of the United States Constitution in § 4. In §§ 5–6, we apply the Emoluments Clause to the presidency, arguing that it complements conflict-of-interest regimes with regards to foreign affairs, but with more substantial restrictions. (shrink)

As President, Donald Trumps faces two sorts of conflict of interest. The first are conflicts of interest other Presidents also faced, though Trump’s are “writ large.” These seem—as a practical matter—unavoidable now, hard to escape, not to be much changed by disclosure, and not even much subject to management. The other sort of conflict of interest seems to be without resolution even in principle while Trump remains both President and the person he is. These conflicts of (...) class='Hi'>interest are the product of the same life that made him President. He cannot be both chief executive of a republic (as his oath of office requires him to be) and the royal autocratic central to his business brand. (shrink)

It is plausible to hold that ethical obligations are concerned with bringing about the existence of things that have value, where something is of value if and only if it is in the interest of some entity. Here the notion of an interest may be defined as whatever contributes to the well-being of a morally significant entity. I argue that interests are limited to individuals with the capacity for affective response. After briefly distinguishing between various different types of (...) value, I defend this emotocentric theory of interests against objections raised by Paul Taylor and Gary Varner, both of whom grant interests to a larger class of entities. I argue that there are serious problems with attempts to associate interests with mere goaldirectedness or with the mere possession of biological functions. (shrink)

Private industry funds more than half of all medical research in the United States. While industry involvement in research has benefits, it can also create conflicts of interest. The most common policies adopted to address conflict of interest in medical research are focused primarily on the ways in which industry sponsorship may undermine a clinician’s judgment regarding patient care. Insufficient attention has been given to the ways in which industry sponsorship may undermine judgment relative to the goal of (...) scientific integrity in research. The most common conflict of interest policies do not adequately address this problem. Disclosure policies alone will not remove or ameliorate all conflicts. Further, severing or monitoring ties between clinicians and industries will not adequately address the problem, since in many cases it is not the clinicians who are making the relevant research judgments. In order to address the problem of conflict of interest inindustry-sponsored research, fundamental changes in strategy and practice must be adopted which either remove the power to make research decisions from industry employees, or increase the review of those decisions by independent investigators. (shrink)

Several philosophers opposed to animal rights have recently sought to justify their opposition by arguing that the epistemic differences between human and animal interests (often referred to as “taking an interest” vs. “having an interest”) constitute a morally significant difference. In this paper, I first detail the various forms ofhaving an interest and oftaking an interest. I then evaluate the moral significance of these differences from both utilitarian and deontological viewpoints. The conclusion of this analysis is (...) that the epistemic differences between human and animal interests are not morally significant. (shrink)

Having explained the moral approbation attending merit or virtue, there remains nothing but briefly to consider our interested obligation to it, and to inquire whether every man, who has any regard to his own happiness and welfare, will not best find his account in the practice of every moral duty. [W]hat theory of morals can ever serve any useful purpose, unless it can show, by a particular detail, that all the duties which it recommends, are also the true interest (...) of each individual? (shrink)