This article aims to give an analysis of the phenomena of unjust misappropriation of marginalised groups’ terms online, using the example misappropriation of ‘woke’ from the Black community on Twitter. I argue that using terms such as these outside their original context warps their meaning, decreasing the intelligibility of the experiences of the marginalised agents who use them when attempting to express themselves both within their community and without. I intend to give an analysis of this phenomena, with (...) the expectation that understanding it better will provide a crucial step in combatting it. To this end, I argue it can be understood as a specialised form of what Kristie Dotson calls ‘contributory injustice’, injustices which involve the suppression of a marginalised community’s existing hermeneutical resources, combined with a specific consequence of what Boyd and Marwick call ‘context collapse’, the removal of social norms created through the homogenising effect of social media sites like Twitter. The result is a novel misappropriation phenomenon, I label ‘Context-Collapsed Contributory Injustice’ or ‘CC.CI’. This type of misappropriation is particularly harmful due to it being faster-acting than historical varieties of misappropriation. Furthermore, unchecked continual cases of CC.CI can cause a novel from of what Miranda Fricker calls ‘hermeneutical injustice’, which is demarcated from standard cases by its ability to reintroduce conceptual lacunas through undermining existing hermeneutical resources. I finish by disambiguating cases of CC.CI from natural meaning change and critically analysing some existing philosophical treatments of “woke”. (shrink)

Across contexts and time, subjects marked by racial difference have expressed public accounts of the multiple injuries of race. From the vantage point of critical race and black theory, this paper sheds light on both the heuristic and critical political values of such accounts. The first part critically reassesses conceptualizations of vulnerability as an ambivalent ontological condition within critical approaches to liberalism. A close reading of Fanon's account of injury in Black Skin, White Masks specifies how race exploits bodily and (...) enunciative vulnerability and materializes subjects into a state of suspension and suspicion. The second part addresses the political promise of accounts of racialized injury. Departing from sceptical readings of “wounded attachment,” critical race and black analyses associate accounts of injury with citational practices that pertain to historically entrenched conventions of resistance to racial and colonial abusive power. Such accounts can be read as misappropriations of race which expand the horizon of the human. (shrink)

This paper considers discussions of the work of Alasdair MacIntyre in management literature. It argues that management scholars who have attempted to appropriate his After Virtue as a supportive text for conventional business ethics do so only by misreading or by ignoring his other work. It shows that MacIntyre does not argue for a reformed capitalism in which individual virtue overcomes institutional vice. Rather he argues that capitalist businesses are inherently vicious and that therefore individual virtue cannot be realised within (...) them. The job of the virtuous is to resist them.2. The paper first presents an account of MacIntyre’s position on management and introduces some of the critical and supportive uses of his work in management scholarship. It focuses on two papers3 typical of the approach taken by conventional business ethicists to his work. These have attempted to deploy concepts developed by MacIntyre while denying the account of management and organisation of which they form a part. The paper provides some tentative hypotheses as to why management scholars have approached MacIntyre in this way. It argues that these attempted appropriations not only have failed but also must fail as conceptual coherence is sacrificed when the account within which those concepts make sense is denied.4. (shrink)

The theological misappropriation of Christianity as a civilizing force occurs when individuals convert to Christianity due to deception that ignores the faith-based aspect of Christianity. The history of Western education in India illustrates the hidden curriculum that Christian missionaries employed to disrupt the Indian educational system. This unnerving pedagogy points to the need for a postcolonial theoretical framework that relates the inescapable hybridity of religion and culture where Orientalism has the potential to occur. To press the ongoing urgency of (...) this discussion, I convey how the history of British India connects to my lived-reality as an American Hindu. Overall, I point to hybridity as a lived paradox of ambiguous conflict that embraces interfaith relations. I offer implications for Christian missionaries today to foster authentic interfaith connections without engaging in colonizing ideologies. (shrink)

Under the present judicial interpretation of federal securities law, an individual is prohibited from trading on non-public information that has been misappropriated in contravention of a fiduciary duty. Trades made using non-pubIic information that has not been misappropriated are not prohibited by Rule 10b-5, promulgated under the Securities and Exchange Act of 1934. The current requirement of misappropriation to trigger Rule 10b-5 liability creates a gap that permits transactions that are both ethically and economically undesirable. Judicial or legislative reforms (...) are recommended to close the gap and help ensure the fairness and efficiency of securities markets. (shrink)

Education and learning occur in various settings, some of which are more formally institutionalized than others. Even if it seems to have failed as a definition of art, awareness of art-world institutions has increased in the wake of George Dickie’s proposal that art enmeshes an artifact in a set of interlocking yet informally structured art-world systems, that is, “the art-world.”1 However, relatively little of that attention has fallen on the distinctively educative roles played by art-world institutions and those who act (...) on their behalf. This oversight is sometimes addressed when the topic is the art museum,2 but very little has been said about parallel issues concerning music, the concert hall, and what Virgil.. (shrink)

Trade secret theft is a problem that almost all organizations face. The greatest threat is employee mobility and potential unethical post-employment behavior. This study investigates the role of individual personality traits in judgments about trade secret misappropriation. Our hypotheses were tested in three studies addressing three different situational contexts: current employees, employees about to be laid off, and students who had quit their job. Relationships were estimated with robust regression. The results show that some personality traits predict judgment about (...) another person's trade secret misappropriation, and that the situational context in which individuals formulate their ethical judgment moderates the impact of personality traits on ethical judgment. (shrink)

The purpose of this article is to offer an alternative, more nuanced analysis of the labelling of frontline workers as heroes than originally proposed. Here, we argue that the hero narrative in itself need not be problematic, but highlight a number of wider factors that have led to the initial rise in support for labelling frontline workers as heroes. Through our related work, we have gathered similar stories from frontline workers where they feel betrayed, let down or otherwise short-changed by (...) the hero label, and we have sought to make sense of this through understanding more about how the hero label is used rather than what it means. In this article, we propose a way forward where there is greater discussion around the hero label in this context where individuals can be heroes but still struggle, still fail and still feel vulnerable, and where heroism is viewed as a state of interdependence between heroic actor and the wider group. It is true that heroes can inspire, lead, guide and build morale and camaraderie, but collective responsibility is held with us all. We can draw hope and energy from our heroes, but we must dig deep and be proactive, particularly in the face of adversity. In doing so, we support the heroes to lead from the front and ensure that even though we cannot physically help; we are not making their situation worse. (shrink)

The act of “embezzlement” provided for in Article 183 of the Criminal Code of the Republic of Lithuania gives rise to a number of both theoretical and practical problems. First of all, various authors do not agree whether embezzlement constitutes a substantive or formal element. In the author’s opinion, embezzlement is deemed complete when possession of the property of others is taken illegally and there is a real possibility, perceived by the perpetrator, to manage it, to use it or to (...) dispose of it or misappropriation is made of a property right, giving the perpetrator a possibility to receive other persons’ property or property benefit immediately or in the future, to treat the property of others as one’s own. That is, when a real possibility, perceived by the perpetrator, to treat the property of others as one’s own arises but not when the damage is caused. In this case, particular importance is adduced to the condition that the perpetrator must clearly perceive his/her possibility to treat the property of others as one’s own. In case such a possibility has not been perceived by the perpetrator, we cannot state that embezzlement is complete. The moment of completeness and the fact that in practice there may be cases where no real damage is caused to a legal entity when the perpetrator embezzles property of the former (see the example in footnote 15), show that the criminal act provided for in Article 183 of the Criminal Code contains a formal element. When evaluating practical problems, the article overviews two rulings of the Supreme Court of Lithuania that are of particular importance for the formation of the case-law. Before the ruling of the Supreme Court of Lithuania of 8 May 2012, this court used to formulate somewhat erroneous case-law in examining cases concerning accusations raised on the basis of Article 183 of the Criminal Code. In cases where the head (shareholder) of a company was accused of embezzlement and used all the “cashed” funds of the company only for the interests and benefit of the company, the court used to evaluate the factual circumstances of the case not as indicative of the fault of the defendant, but only as indicative of the purpose of his/her act. Even if it was determined that the perpetrator did not perceive the real possibility to treat the company’s property as his/her own and always used to regard the property which came to his/her disposal as the company’s property, the court used to qualify the perpetrator’s act as embezzlement, by reasoning that the purpose of the perpetrator’s act was not a circumstance relevant for such qualification. It can be stated that in such a manner the court failed to distinguish between the concept of purpose and the concept of fault, failed to evaluate the features of the subjective part individually, and assessed them in their entirety. Due to such a mistake, the court created an impression that the concepts of fault and purpose in the case were confused. By its ruling of 8 May 2012 the Supreme Court of Lithuania corrected those mistakes, however, its instruction to investigate whether “cashed” funds were not used “for personal needs” and whether the company suffered damage introduced a confusion into the investigation of cases of this type and their examination in court, as the concept of “personal needs” was not absolutely clear, whereas the fact of suffering damage was not necessary in order to qualify an act under Article 183 of the Criminal Code. In the author’s opinion, the Supreme Court of Lithuania should pronounce clearly that the cases where the head (shareholder) of the company has not perceived the real possibility to treat the other person’s property as his/her own will not be regarded as property embezzlement and there will be no deliberation in the person’s act. The absence of such perception would be confirmed by the fact that the perpetrator has used absolutely all “cashed” money of the legal entity only for the interest and benefit of the company. (shrink)

This is a rebuttal of influential attempts to appropriate Murdoch for either Christianity or Buddhism. I show that Maria Antonaccio and Peter Byrne ignore Murdoch's explicit statements and misunderstand Murdoch’s interest in the Ontological Argument. I explain how St. Anselm’s remark ‘I believe in order to understand’ is properly connected with Murdoch’s parable of the Mother-in-Law: Murdoch is here offering support for a virtue epistemology. Later, I explore the merits and dangers of exegesis from Peter J. Conradi and Gordon Graham (...) treating Murdoch as a kind of Buddhist. I argue that the sense in which Murdoch is speaking as a ‘ Buddhist Christian’ makes her a third kind of thinker resembling a Buddhist on some points, and a Christian on others. (shrink)

The ethical conduct of research is central to the integrity of universities, where research and graduate education are inseparable.In the medical sciences, those who first describe a new feature, whether it's an anatomical structure, clinical sign or symptom, disease, physiological entity, or surgical procedure, often have their discoveries named after them. The insider knows what is meant by such eponymous, abstract designations as Padget's disease, the circle of Willis, Pavlov's dog, Asperger's syndrome, or the Papanicoulaou test. This kind of acknowledgment (...) is not just restricted to medicine, it also applies to other fields of science and technology, where terms like the Heisenberg uncertainty principle .. (shrink)

Many misappropriations and exclusions have arisen from the Western tendency to reduce and manipulate the ideas and values of non- Western religions and philosophies to fit within Western concepts and categories. How might comparative philosophy and religion change if the concepts and categories of non-Western philosophies and religions were taken as primary? This volume explores this question through Western analytic and phenomenological approaches of eminent scholars from both fields, infused with fresh strategies and modalities derived from or inspired by non-Western (...) traditions. A truly groundbreaking collection,_ After Appropriation_ inaugurates an entirely new integrative discipline of comparative religion and philosophy. (shrink)

Karl Marx misappropriated Ferguson's thought even though he championed the Scot's remarks on the division of labor. The argument is developed by examining Marx's specific quotations of Ferguson in literary context and by critiquing Marx's quotations in light of three ethical categories that are implicit in Ferguson's idea of progress. Marx not only presents a highly selective reading of Ferguson and espouses a view of history that is antithetical to Ferguson's idea of progress, but he fails to do justice to (...) the complexity of Ferguson's moral philosophy, even if he viewed the Scot as something of a maverick like himself. (shrink)

From the ethics perspective, “duty of care” is a difficult and contested term, fraught with misconceptions and apparent misappropriations. However, it is a term that clinicians use frequently as they navigate COVID-19, somehow core to their understanding of themselves and their obligations, but with uncertainty as to how to translate or operationalize this in the context of a pandemic. This paper explores the “duty of care” from a legal perspective, distinguishes it from broader notions of duty on professional and personal (...) levels, and proposes a working taxonomy for practitioners to better understand the concept of “duty” in their response to COVID-19. (shrink)

The paper argues against the assumption that citizens of industrialized countries bear responsibility for greenhouse emissions in the nineteenth and early twentieth centuries. An array of arguments for such a historic responsibility is refuted. The crucial role of the assumption of a liability for bona fide misappropriation in a state of nature (Lockean strict liability) is pointed out.

Following Manne (1966, Insider Trading and the Stock Market (New York, Free Press)) we introduce a distinction between insider trading and market manipulation on the one hand and corporate insiders versus misappropriators on the other hand. This gives rise to four types of alleged inside transactions. We argue that the literature on insider trading has often targeted inside transactions type II, III and IV but that these arguments do not necessarily hold for type I transactions. We look for consequentionalist as (...) well as non-consequentionalist arguments against type I transactions and demonstrate that these are hard to find. Throughout the article we refer extensively to the economic literature on insider trading in order to overcome a relative divide between the economic, legal, and philosophical discussion on insider trading. (shrink)

Existentialism was one of the leading philosophical movements of the twentieth century. Focusing on its seven leading figures, Sartre, Nietzsche, Heidegger, Kierkegaard, de Beauvoir, Merleau-Ponty and Camus, this Very Short Introduction provides a clear account of the key themes of the movement which emphasized individuality, free will, and personal responsibility in the modern world. Drawing in the movement's varied relationships with the arts, humanism, and politics, this book clarifies the philosophy and original meaning of 'existentialism' - which has tended to (...) be obscured by misappropriation. Placing it in its historical context, Thomas Flynn also highlights how existentialism is still relevant to us today. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable. (shrink)

To inform the ongoing discussion of whether claims of conscientious objection allow medical professionals to refuse to perform tasks that would otherwise be their duty, this paper begins with a review of the philosophical literature that describes conscience as either a moral sense or the dictate of reason. Even though authors have starkly different views on what conscience is, advocates of both approaches agree that conscience should be obeyed and that keeping promises is a conscience-given moral imperative. The paper then (...) considers exemplars of conscientious objection—Henry David Thoreau, Mohandas Gandhi, and Martin Luther King Jr.—to identify the critical feature of conscientious objection as willingness to bear the burdens of one’s convictions. It concludes by showing that medical professionals who put their own interests before their patients’ welfare violate their previous commitments and misappropriate the title “conscientious objector” because they are unwilling to bear the burdens of their choices and instead impose burdens on their patients and colleagues. (shrink)

The chemist and philosopher Michael Polanyi was one of the first twentieth-century scientists to propose a program to resolve the internal conflict of the modern Enlightenment: scientific detachment and moral nihilism with humanist values. Stefania Jha’s intellectual biography places Polanyi in the context of his time and culture, analyzes his key philosophical ideas, and explicates the application—and at times misappropriation—of his work. Polanyi’s method was not laid out in his published works, and his vocabulary tends to make his writings (...) difficult to understand. By exposing the structure of his theory of tacit knowing, and by tracing the growth of his thinking, Jha shows how the various elements of his thought are integrated. Through examination of his philosophical roots in Kant and the complexity of his evolving thought, she counteracts the popular notion that Polanyi’s philosophy stands apart from the western philosophic tradition. Jha’s deep analysis makes Polanyi’s shift of focus from science to philosophy more intelligible, his philosophy more approachable, and the causes he championed—such as the freedom of science and cultural freedom—more understandable. Applying his notion of tacit knowing in practical directions, Jha seeks to bring the study of Polanyi’s philosophy out of the specialists’ enclave and into such fields as ethics and clinical medicine. (shrink)

Consisting of fewer than two hundred verses written in an obscure if not impenetrable language and style, Patanjali's Yoga Sutra is today extolled by the yoga establishment as a perennial classic and guide to yoga practice. As David Gordon White demonstrates in this groundbreaking study, both of these assumptions are incorrect. Virtually forgotten in India for hundreds of years and maligned when it was first discovered in the West, the Yoga Sutra has been elevated to its present iconic status--and translated (...) into more than forty languages--only in the course of the past forty years. White retraces the strange and circuitous journey of this confounding work from its ancient origins down through its heyday in the seventh through eleventh centuries, its gradual fall into obscurity, and its modern resurgence since the nineteenth century. First introduced to the West by the British Orientalist Henry Thomas Colebrooke, the Yoga Sutra was revived largely in Europe and America, and predominantly in English. White brings to life the improbable cast of characters whose interpretations--and misappropriations--of the Yoga Sutra led to its revered place in popular culture today. Tracing the remarkable trajectory of this enigmatic work, White's exhaustively researched book also demonstrates why the yoga of India's past bears little resemblance to the yoga practiced today. (shrink)

This article describes the unauthorized uses of a coauthored work and a copyrighted U.S. dissertation by European scientists. The case involves alleged infringements of copyright and plagiarism in 6 works that were published up to 19 years after completion of the dissertation and up to 11 years after publication of the coauthored work. Relevant copyright laws, international copyright agreements, and professional psychology ethics and definitions of scientific misconduct are presented. Graduate students and professionals are advised to protect themselves from copyright (...) infringement and recognize that the responsibility for detecting and correcting misappropriated work usually lies with them, not journal editors. (shrink)

This paper argues that the current scholarship of radical politics primarily bannered by Christopher Ryan Maboloc is a misappropriation of the postMarxist political project of Mouffe and Laclau. Drawing primarily both on Mouffe’s and Laclau’s work Hegemony and Socialist Strategy: Towards a Radical Democratic Politics and an interview with Chantal Mouffe herself, the paper argues how the post-Marxist radical political project of Mouffe and Laclau fails to theoretically fit to the style of governance and regime of Duterte. Fundamental to (...) the idea of radical democratic politics is the task of radicalizing liberal democracy. However, as discussed in the paper, liberal democracy is a project whose very institutions and processes Duterte and his regime have undermined and attacked. Under Duterte’s regime, radical democracy lost the conditions for its flourishing, rendering its own impossibility. (shrink)

Insider trading is illegal, and is widely believed to be unethical. It has received widespread attention in the media and has become, for some, the very symbol of ethical decay in business. For a practice that has come to epitomize unethical business behavior, however, insider trading has received surprisingly little ethical analysis. This article critically examines the principal ethical arguments against insider trading: the claim that the practice is unfair, the claim that it involves a misappropriation of information and (...) the claim that it harms ordinary investors and the market as a whole. The author concludes that each of these arguments has some serious deficiencies; no one of them by itself provides a sufficient reason for outlawing insider trading. This does not mean, however, that there are no reasons for prohibiting the practice. The author argues that the real reason for outlawing insider trading is that it undermines the fiduciary relationship that lies at the heart of American business. (shrink)

The purpose of this paper is to examine whether anonymous reporting channels are effective in detecting fraud against companies. Fraud, which comprises predominantly asset misappropriation, represents a key operational risk and a major cost to organisations. The fraud triangle provides a framework for developing our understanding of how ARCs can increase detection of fraud. Using publicly listed company survey data collected by KPMG in Australia—where ARCs are not mandated—we find a positive association between ARCs and reported fraud. These results (...) indicate that ARCs are effective in detecting fraud. Additional analysis reveals that small firms derive the greatest benefit from adopting ARCs. We also find that independent boards do not directly influence the detection of fraud, but companies with independent boards detect more fraud because they implement ARCs. (shrink)

In response to the dominance of liberalism, some theorists have recently embraced the republican model as an attractive alternative. The overriding appeal of these moves seems to be the robust emphasis that forms of republicanism place on citizenship and civic virtue in light of what many commentators see as a decline in the social nature of modern politics. However, many of these discussions about republicanism are inconsistent and fail to capture the essence of a classical republican theory for today's complex (...) modern world. The result is that the ideals and values of classical republicanism have become diluted and misappropriated as they are utilized by both philosophers and politicians without a clear and consistent sense of their historical pedigree and their relevance to the contemporary world. Republicanism in the Modern World develops and extends the theoretical implications of a distinctive republican conception of liberty as non-domination. Building on the recent work of Quentin Skinner and Philip Pettit, Maynor explores the complex interdependent relationship between liberty as non-domination and conflict, citizenship, and civic virtue to develop a modern theory of republicanism. Maynor argues that modern republicanism, inspired and informed by classical versions, can be the basis for a renewed effort to rejuvenate the political ideals and institutions of the modern democratic nation-state. This book will be invaluable to students and scholars in politics, political philosophy and international relations. (shrink)

In response to Evelyn Pluhar'sWho Can Be Morally Obligated to Be a Vegetarian? in this journal issue, the author has read all of Pluhar's citations for the accuracy of her claims and had these read by an independent nutritionist. Detailed analysis of Pluhar's argument shows that she attempts to make her case by consistent misappropriation of the findings and conclusions of the studies she cites. Pluhar makes sweeping generalizations from scanty data, ignores causal explanations given by scientists, equates hypothesis (...) with fact, draws false cause conclusions from studies, and in one case claims a conclusion opposite of what the scientist published. Such poor reasoning cannot be the basis of an argument for moral vegetarianism. A broader search of the literature and attention to reviews and textbooks in nutrition shows that each of Pluhar's claims is suspect or incorrect. Pluhar has not undermined my central claims: even if animals have certain rights and well-planned vegetarian diets are safe in complex industrialized societies, these diets cannot be so regarded if the presuppositions of high levels of wealth, education, and medical care do not exist; and, women, children, the aged and some ill persons are at greater risk on restrictive vegan diets. Thus, any duty of moral vegetarianism is not categorical but provisional in nature. (shrink)

English summary: Nietzsche's work does not fit into readily defined categories or disciplinary fields. Rejecting definitive truths and assumptions, he nourished his philosophical explorations with constant experimentation, reading widely on texts as varied as Greek philosophy, Darwinian evolution, thermodynamic cosmology, and the history of religion. Through this multiplication of perspectives, Nietzsche developed a philosophy of culture that sought to raise mankind up beyond the possibilities of Judeo-Christian values. Although his philosophy would later be misappropriated for National Socialism, other much nobler (...) readers, such as Heidegger and Foucault, would find value in his works. French description: L'oeuvre de Nietzsche ne se presente pas comme un systeme qui permettrait une categorisation simple dans un champ disciplinaire existant. Professeur de philologie classique a l'Universite de Bale, Nietzsche a renonce a sa chaire universitaire pour devenir un philosophe itinerant et un esprit libre. C'est l'epoque ou il rompt avec ses anciens mentors: Arthur Schopenhauer, son maitre en philosophie, et Richard Wagner, ce mystagogue dans les secrets de l'art et de la vie dont il avait salue le projet culturel dans La Naissance de la tragedie (1872). Nietzsche se mefiera dorenavant de toutes les convictions et de toutes les verites definitives. Sa philosophie sera une constante experimentation, nourrie d'innombrables lectures qui forment quasiment un panorama de l'histoire de la culture humaine: des Grecs a la theorie de l'evolution darwinienne, de la cosmologie thermodynamique a l'anthropologie evolutionniste, en passant par l'histoire du christianisme et des religions extra europeennes. On assiste chez Nietzsche a une multiplication indefinie des perspectives, au fil d'ecrits aphoristiques qui ne livrent jamais leur dernier mot. Une problematique essentielle se dessine cependant a travers ces multiples experimentations: c'est celle d'une philosophie de la culture, qui aspire a elever l'homme - tant au sens d'un elevage zoologique que d'une elevation de valeur - pour en faire un etre plus epanoui et plus puissant qu'il ne l'a ete jusqu'a present sous l'emprise des valeurs judeo chretiennes. Nietzsche propose ainsi une veritable transvaluation de toutes les valeurs, qui se veut tout autre chose qu'un retour a la barbarie des origines. L'auteur d'Ainsi parlait Zarathoustra a conscience, ce faisant, de s'affirmer comme un philosophe dangereux. Mais il pense que la creation est fondamentalement indissociable de la destruction, voyant dans cette idee le secret du dionysiaque et donc de la tragedie grecque. Les posterites de l'oeuvre de Nietzsche confirment son caractere a la fois dangereux et fecond. On ne saurait passer sous silence l'appropriation nazie, qui oblige a s'interroger sur ce qui, chez Nietzsche, pouvait preter le flanc a un tel detournement. Mais pour autant, il serait injuste de reduire Nietzsche a cette tragique caricature, alors qu'il a trouve en Heidegger, Deleuze ou encore Foucault des lecteurs bien plus dignes de lui. (shrink)

Noah Rosenberg et al.'s 2002 article “Genetic Structure of Human Populations” reported that multivariate genomic analysis of a large cell line panel yielded reproducible groupings (clusters) suggestive of individuals' geographical origins. The paper has been repeatedly cited as evidence that traditional notions of race have a biological basis, a claim its authors do not make. Critics of this misinterpretation have often suggested that it follows from interpreters' personal biases skewing the reception of an objective piece of scientific writing. I contend, (...) however, that the article itself to some degree facilitates this misrepresentation. I analyze in detail several verbal and visual features of the original article that may predispose aspects of its racial interpretation; and, tracing the arguments of one philosopher and one popular science writer, I show how these features are absorbed, transformed into arguments for a biological basis of race, and re-attributed to the original. The essay demonstrates how even slight ambiguities can enable the misappropriation of scientific writing, unintentionally undermining the authors' stated circumspection on the relationship between cluster and race. (shrink)

Work on a computer program called SMILE + IBP (SMart Index Learner Plus Issue-Based Prediction) bridges case-based reasoning and extracting information from texts. The program addresses a technologically challenging task that is also very relevant from a legal viewpoint: to extract information from textual descriptions of the facts of decided cases and apply that information to predict the outcomes of new cases. The program attempts to automatically classify textual descriptions of the facts of legal problems in terms of Factors, a (...) set of classification concepts that capture stereotypical fact patterns that effect the strength of a legal claim, here trade secret misappropriation. Using these classifications, the program can evaluate and explain predictions about a problem’s outcome given a database of previously classified cases. This paper provides an extended example illustrating both functions, prediction by IBP and text classification by SMILE, and reports empirical evaluations of each. While IBP’s results are quite strong, and SMILE’s much weaker, SMILE + IBP still has some success predicting and explaining the outcomes of case scenarios input as texts. It marks the first time to our knowledge that a program can reason automatically about legal case texts. (shrink)

Following Manne (1966, Insider Trading and the Stock Market (New York, Free Press)) we introduce a distinction between insider trading and market manipulation on the one hand and corporate insiders versus misappropriators on the other hand. This gives rise to four types of alleged inside transactions. We argue that the literature on insider trading has often targeted inside transactions type II, III and IV but that these arguments do not necessarily hold for type I transactions. We look for consequentionalist as (...) well as non-consequentionalist arguments against type I transactions and demonstrate that these are hard to find. Throughout the article we refer extensively to the economic literature on insider trading in order to overcome a relative divide between the economic, legal, and philosophical discussion on insider trading. (shrink)

I argue that wrong of plagiarism does not primarily stem from the plagiarist’s illicit misappropriation of academic credit from the person she plagiarized. Instead, plagiarism is wrongful to the degree to which it runs counter to the purpose of academic work. Given that this is to increase knowledge and further understanding plagiarism will be wrongful to the extent that it impedes the achievement of these ends. This account of the wrong of plagiarism has two surprising (and related) implications. First, (...) it follows from this account of the wrong of plagiarism that replication plagiarism might not be an academic wrong at all. (Replication plagiarism consists of the direct quotation or paraphrase of another’s work without attribution. The replication plagiarist thus plagiarizes primary sources, purloining for her own benefit the ideas of their authors). Second, even if replication plagiarism is still held to be an academic wrong, it will be a lesser wrong than bypass plagiarism. (Bypass plagiarism occurs when one quotes from, or provides a paraphrase of, a primary source, but although one cites the primary source one did not identify the quotation or provide the initial paraphrase oneself. Instead, one took the quotation, or drew upon an existing paraphrase, from a secondary source—and one did so without citing the secondary source to credit it as the source of one’s information about the primary source). Holding that bypass plagiarism is worse than replication plagiarizes reverses the usual assessment of the relative wrong of these two types of plagiarism. (shrink)

We have national guidelines for the responsible conduct of research (RCR) and procedures for handling allegations of misconduct in Finland. The guidelines have been formulated and updated by the Finnish Advisory Board on Research Integrity (TENK). In this article, we introduce and evaluate the national RCR guidelines. We also present statistics of alleged and proven RCR violation cases and frequency of appeals to TENK on the decisions or procedures of the primary institutions. In addition, we analyze the available data on (...) seven investigated cases in more detail. Positive aspects in the Finnish system are a fairly good infrastructure to investigate suspected RCR violations and a wide concept of RCR violations, which consists of fabrication, falsification, plagiarism, misappropriation, and other misbehaviors. However, the guidelines contain poorly elaborated definitions, do not treat the complainant and the suspect in an equal way, and need to be revised. Confusion about the concepts and criteria of the RCR violations seems to be common in primary institutions and among the complainants. Even if research institutions and universities have officially adhered to the national RCR guidelines, slipping from the guidelines occurs quite commonly. All these factors lead to frequent dissatisfaction with the decisions or procedures applied, high rate of appeals to TENK, and far from optimal functionality of the system. (shrink)

A hijacking is a violent takeover, a misappropriation of something for a purpose other than its intended one, by parties other than those for whom the thing was meant. This issue explores the aesthetic practices and consequences of unauthorized repurposing.

In its 2018 global study on occupational fraud, the Association of Certified Fraud Examiners found asset misappropriation the most common category of fraud with expense reimbursement schemes the most frequent and costly form of misappropriation. In this case, Cassandra, a valued junior attorney on track to become a partner at her law firm, is strongly encouraged by a supportive senior attorney to join him in ordering an after-hours meal in clear violation of the firm's meal expensing policy. While (...) Cassandra recognizes that taking such action would be wrong, she is unclear what to do next. Sometimes the desire to do the right thing is fraught with complexities about the right thing to do. The purpose of the case is for students to examine the competing interests Cassandra faces in relation to the responsibilities she owes to her employer, colleagues, clients, profession, and herself. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Contingent Object of PsychiatryDavid McCallum (bio)Keywordsmental illness, dangerousness, law, genealogyWilson and Adhead’s plea that the British Government’s proposed new mental health legislation might entail a misappropriation of psychiatry’s true mission will strike a chord in numerous jurisdictions. Many European countries during the last northern summer will adopt mental health legislation that moves in the opposite direction to the United Nations Convention on Human Rights for persons with (...) disabilities, and will allow for compulsory mental health treatment. In this author’s home state of Victoria, Australia, the Mental Health Act has five criteria that must be met for someone to be made an involuntary patient in an institution or hospital, in the community, or in one’s own home (Victoria 2003, s.6). One of the criteria is that the person is judged to be at risk of danger to themselves or others. Once made an involuntary patient, one looses the right to refuse medical treatment. At present, in various parts of the world, medical practitioners are being required to assess a person’s level of dangerousness with immediate consequences for that person’s liberty.From the point of view of a historian of the human sciences, these events propel psychiatry into a dialogue with its recent past. The project of Western psychiatry is usually characterized as a breaking down of the walls of the old asylum that contained the lunatic in its dark recesses, and the subsequent unveiling of the mental patient thanks to the rational, liberatory practices of medicine. But modern psychiatry has also been shaped by the coming into being of particular conceptions of mental illness that are not all its own making. This entailed the removal over time of the mental defective and the mental deficient, the moral imbecile, the epileptic, the alcoholic, the chronically insane, and so on, from spaces in which psychiatry would seek to define it object—populations that psychiatry would determine to be “not amenable to treatment.” If we were to see this shaping in a Foucauldian sense, we would also want to include earlier eighteenth- and nineteenth-century separations of the lunatic and the criminal (Foucault 1965, 1979). Moreover, we might want to insist that the marking out of the modern mental health patient is first and foremost an administrative act—an act of separation and management within a bounded population—which then serves as a condition of possibility for the emergence of knowledges in psychiatric medicine, with the latter following rather than preceding the arrangement of bodies in the asylum/hospital.The psychiatrist in public medicine may well be encouraged to shape a new mission according to the requirements of an administration concerned with managing dangerousness. A shift in the social vocation of the psychiatric expert has been observed over several decades, and may represent a profound departure from the traditions [End Page 69] of mental medicine (Castel 1991). Those “dirty words”—risk assessment—involve new strategies where face-to-face relations between carer and cared are displaced by an activity of calculating abstract factors deemed liable to produce risk—“a transition from the clinic of the subject to an ‘epidemiological’ clinic” (Castel 1991, 282). The broad contours of this shift sees the specialist medical carer take a back seat while the manager/ administrator assumes a more autonomous role of allocating individuals into various categories of risk. It is in this sense that the psychiatrist does not make a diagnosis as such, but rather contributes to a list of factors compiled to measure a level of riskiness. Risk assessment forms part of social surveillance that dispenses with the actual presence of the carer and the cared, and provides for a form of systematic predetection rather than treatment. As Castel (1991, 288) presents it,(t)here is, in fact, no longer a relation of immediacy with a subject because there is no longer a subject. What the new preventative policies primarily address is no longer individuals but factors, statistical correlations of heterogeneous elements. They deconstruct the concrete subject of intervention, and reconstruct a combination of factors liable to produce risk. Their primary aim is not to confront a concrete dangerous situation, but to anticipate... (shrink)

This article examines Bolivian vice president Álvaro García Linera’s use of concepts originating in the work of Antonio Gramsci and Bolivian sociologist René Zavaleta Mercado. Zavaleta’s concept of sociedad abigarrada has a history of misappropriation in which García Linera participates by articulating it with the related concept of the estado aparente to claim that the merely ‘apparent’ state which does not effectively represent the heterogeneous social reality of a country like Bolivia is abolished with the official establishment of the (...) Plurinational State in 2009. This ideologeme of the Plurinational State as one that faithfully represents Bolivia’s abigarramiento is equated with the Gramscian stato integrale, which in Gramsci refers to the state proper plus civil society where these are thoroughly integrated to function as an organic whole. Beyond merely misusing the borrowed terms of this discursive operation, García Linera gives a prescriptive value to concepts developed for an analytical purpose to validate the existing regime. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Music Education in an Age of Virtuality and Post-Truth by Paul WoodfordPanagiotis A. KanellopoulosPaul Woodford, Music Education in an Age of Virtuality and Post-Truth (New York, Routledge, 2018)This book is provocative. And challenging. It is written with passion, aiming to induce controversy. And with good reason. For we live in times when populism professes an illusionary sense of community, invoking a seemingly 'anti-systemic' but highly hypocritical, racist, and (...) sexist discourse;1 in times where "bullshitting"2 has advanced to the highest governmental levels in many countries; in times where "authoritarian neoliberal statism"3 becomes the new status quo, inducing a scandalous increase of economic inequalities, forcing large populations to live precarious lives; in times where privatization of educational services in the context of market-oriented practices impose restrictive and ultimately unjust politics of accountability and performativity;4 in times where instrumentalization of educational ends has taken the lead, assisted by a systematic co-option and misappropriation of notions such as excellence and creativity;5 in times, finally, where spaces that allow for "the sharing (out) of the incalculable,"6 forging unknown potentialities in education, life, and thought, are being destroyed. In such times, Paul Woodford has stepped in, reclaiming his right to speak uncompromisingly.Hannah Arendt has written that "[w]hen men [sic] are deprived of the public space--which is constituted by acting together and then fills of its own accord [End Page 108] with the events and stories that develop into history--they retreat into their freedom of thought."7 Woodford refuses to retreat. He writes as a public intellectual of the highest order, committed to upset and not please those in power. A great service that his latest book performs is that it speaks daringly, stirring a debate that helps us all to do away with fear. For as Bertrand Russell has aptly said quite a long time ago, "[I]f thought is to become the possession of many, not the privilege of the few, we must have done with fear. It is fear that holds men [sic] back."8Resisting the "melancholy of inner exile,"9 but not immune to possible accusations of left melancholy, understood as "a refusal to come to terms with the particular character of the present,"10 the author wrote a book that provokes music educators to actively think beyond their sealed and safe world of convictions that is based on ideology-free conceptions of music teaching. Estelle Jorgensen has long ago brought to our attention the urgency of this task: "in an era in which the mindset and political reality have changed dramatically, … there is an urgent need to revisit the political character of music education and the ways in which it needs to address the cultural issues of our day."11Along this pathway, Woodford's book encourages music educators to live and teach as public intellectuals, forging "a democratic purpose for music education"12 that acts against the "anachronistic and formalist conception of music that reduces music education to supply-side economics as children are conceived as either future professional musicians or consumers and not as citizens to be prepared in schools to participate intelligently in the political life of society."13 Woodford articulates a vision of music education "as preparation for adulthood and democratic and global citizenship."14 He strongly advocates an approach that balances performance and creativity-based experiences with a socio-historical study of the social, ideological, and cultural workings of different musics in a wide variety of contexts. He encourages music educators to teach "how music's structural properties and qualities contribute to the shaping of people's perceptions and understandings of themselves and their world,"15 "asking the who, what, when, where, how, to, with, or for whom, and, most importantly of all, why of music."16 He envisions a music classroom that exercises social criticism "directly and self-consciously"17 both through "learning how to make music"18 and through thinking about music. He sees this approach as a tool for raising students' consciousness. Woodford's ultimate vision of music education is one that casts it as a means for cultivating "a justice-oriented" approach... (shrink)

This paper considers the impact that globalization and the knowledge economy have on the protection and promotion of indigenous knowledge. It is asserted that globalization and the knowledge economy have opened up the world and facilitated the flow of information and knowledge. However, the flow of knowledge has been governed by uneven economic and political power between the developed countries and the devel-oping countries. This has a number of ramifications for IK. The dilemma faced is that whichever method is taken (...) to protect IK exposes IK to some misappropriation. Protecting it through IPR is also fraught with problems. Documenting IK exposes IK to the public domain and makes it that much easier to be misused. However, not protecting IK runs the danger of having it disappear as the custodians holding it die off, or as communities become swamped by the effects of globalization. The conclu-sion therefore is that governments have to take more interest in protecting, promoting and using IK than they have been doing. (shrink)

In this paper, I use two films—Les Statues MeurrentAussi directed by Resnais and Marker and Sans Soleil as representatives of Left Bank cinema to show how they construct experiences of time and memory using various modernist strategies. Key to this is the use of a mental journey genre in modernist cinema and the construction of a facial dispositif which leads to a perceptual experiencing of inner states. Les Statues MeurrentAussi is a key film in the history of French cinema as (...) it highlights Alain Resnais’ and Chris Marker’s early commitment towards a politically avant-garde filmmaking style. The film was banned for many decades because it was highly critical of France’s colonial interests. The film is also a proof to the less emphasised collaboration between two pioneering directors and especially in their use of the essay film genre. Sans Soleil on the other hand is considered as a philosophical masterpiece because of its meditations on time and memory. In taking these two films, I hope not only to demonstrate cinema’s capability to generate affective spatio-temporal states but also to highlight a piece of film history which is often misappropriated under the tag of the French New Wave. (shrink)

The idea of state education developed by activists associated with the governments that ruled in Poland after the May Coup which they put into practice was to educate citizens to be strongly attached to the Polish state, regardless of nationality and religion. All educational factors, including religious education, were to serve this purpose. Based on this assumption, the educational authorities aspired to have a decisive influence on the appointment of religious teachers, determining their qualifications, establishing the curricula and the choice (...) of textbooks. This led to conflicts with Catholic bishops, generally concerned with autonomy and exclusivity in setting rules on these issues. Ecclesiastical autonomy in matters of communicating the faith, formally accepted by law and church authorities, presupposed that the Church determines the content of religious instruction, the scope and shape of religious education, and selects teachers to communicate the principles of the faith to Catholics on its behalf. The bishops could not give the state a casting vote, for to do so would be to misappropriate their own duties, which stem from the nature of the episcopal mission. This was not understood by the state authorities who were unwilling to compromise in any way between the May Coup and the beginning of 1937 and wanted to have a decisive voice in the appointment and qualifications of religious teachers, in the scope and shape of religious curricula and textbooks, as well as complete control over church organizations allowed to function in schools. While church authorities, Catholic columnists and educators, as well as the activists of church organizations spoke out and discussed and even protested publicly about coeducation, the presence of non-Catholic teachers in mainstream schools, and the anti-religious attitude of teachers affiliated with left-wing trade unions, the issues of the appointment and qualifications of religious teachers, curricula and textbooks, on top of the control of church organizations in schools were raised only during discussions and correspondence between the church and school authorities. Except for one statement by the School Committee published in the diocesan journals intended for the clergy, these disputes were not publicized on a national scale by either the Church or the state side. (shrink)

This essay focuses on the issue of corruption, marginality and the social disorder attending it, as threats to national and human security in Nigeria. It not only examines the problems of corruption in Nigeria and the implications of this for national security, but also, discusses the role of an ethical idea of citizenship in tackling corruption and reinventing the political community. In Nigeria, corruption has played a key role in aggravating the political and economic crisis besetting the country. Depreciation of (...) human dignity and collapse of infrastructures have ensured the systematic elite misappropriation of state power, the primitive accumulation of capital, ethno-cultural intolerance and political manipulation in the society. This paper searches for a set of norms capable of mitigating needless dehumanization and inequalities, and improving welfare of the majority by evolving public citizens oriented to the common good. (shrink)

According to the standard view on the issue, the habit of marking questions with a particular typographical sign in Greek and Latin script does not arise prior to the eighth or ninth century. This period is generally credited with the ‘invention’ of the question mark (excepting Syriac evidence, which points to the fifth and sixth centuries). The purpose of the present article is to correct this view. It argues that the first indication for the use of a typographical sign that (...) marks questions can actually be detected no later than during the reign of Emperor Hadrian (a.d. 117–38), that is, more than half a millennium before the traditional date of the invention. The chief witness is Nicanor of Alexandria, who does not seem to have used question marks himself, but criticizes the misappropriation of another punctuation mark to that purpose. He thus indirectly testifies to the existence of question marks. Comparable traces can also be found later in the exegetical works of some Christian commentators. (shrink)

The Handmaid’s Tale depicts a United States taken over by a fundamentalist dictatorship called Gilead that also resembles Plato’s ideal city. Attempts to explain Gilead’s debt to Plato face two challenges. First, aspects of Gilead that recall Plato also contain features that differ, at times dramatically, from the Platonic original. Second, Gilead invokes distorted versions of ideas from philosophies other than Plato’s. I explore two ways of making sense of Gilead’s distorted philosophical appropriations. The explanations differ over whether such distortions (...) are best explained by the nature of the philosophies they misrepresent, or by the nature of Gilead. The explanation that emphasizes Gilead’s own agency is ultimately best able to make sense of how illiberal regimes misappropriate philosophical concepts, both in the novel and in reality, in order to limit the political imagination of their subjects. (shrink)

Despite some promising steps in the right direction, organizational analysis has yet to exploit fully the theoretical and empirical possibilities inherent in the writings of Pierre Bourdieu. While certain concepts associated with his thought, such as field and capital, are already widely known in the organizational literature, the specific ways in which these terms are being used provide ample evidence that the full significance of his relational mode of thought has yet to be sufficiently apprehended. Moreover, the almost complete inattention (...) to habitus, the third of Bourdieu’s major concepts, without which the concepts of field and capital (at least as he deployed them) make no sense, further attests to the misappropriation of his ideas and to the lack of appreciation of their potential usefulness. It is our aim in this paper, by contrast, to set forth a more informed and comprehensive account of what a relational – and, in particular, a Bourdieu-inspired – agenda for organizational research might look like. Accordingly, we examine the implications of his theoretical framework for interorganizational relations, as well as for organizations themselves analyzed as fields. The primary advantage of such an approach, we argue, is the central place accorded therein to the social conditions under which inter- and intraorganizational power relations are produced, reproduced, and contested. (shrink)