Whistleblower bounty schemes that pay individuals a cash “bounty” for surfacing information about illegal conduct have rapidly gained public and scholarly attention, fueling calls to install a bounty approach across numerous regulatory areas, from workplace safety, environmental protection, and civil rights to political corruption, immigration, and antitrust. Yet despite the enthusiasm, bounty regimes have remained confined to the fraud context. This Article uses this fact as a jumping off point and, looking across the regulatory state, aims to answer some basic (...) questions about bounty regimes that have thus far eluded sustained scholarly attention: What features of a given regulatory area make it more or less conducive to a bounty approach? Given this, how might existing bounty regimes be revised? And if bounty regimes were to break out of the fraud area, where might they most profitably spread? It offers some initial answers to these questions by constructing a simple framework that shows how two features of the regulatory environment - the directness of the harm to be regulated and the determinacy of the legal mandate to be implemented - structure the choice among competing bounty approaches. These aspects of regulatory context, I argue, map onto the two most vexing challenges facing regulatory architects weighing a bounty mechanism or choosing among competing designs: optimizing the quantity and quality of information revelation and maintaining public control over the elaboration of legal mandates. The framework brings into relief some of the fault-lines in the growing scholarly debate about the optimal use and design of bounty schemes, including the choice between a simple cash-for-information scheme and a more elaborate qui tam scheme in which whistleblowers are vested with independent enforcement authority via a private right of action. It also yields a rough regulatory roadmap showing where existing bounty schemes might be revised and also the areas to which a bounty approach might be usefully exported. (shrink)

Animates the erratic, often mercenary character of America's pen of independence and sometime anonymous political columnist whose pungent propaganda profoundly influenced the two greatest sociopolitical upheavals of the 18th century.

Causal structure learning from time series data is a major scientific challenge. Existing algorithms assume that measurements occur sufficiently quickly; more precisely, they assume that the system and measurement timescales are approximately equal. In many scientific domains, however, measurements occur at a significantly slower rate than the underlying system changes. Moreover, the size of the mismatch between timescales is often unknown. This paper provides three distinct causal structure learning algorithms, all of which discover all dynamic graphs that could explain the (...) observed measurement data as arising from undersampling at some rate. That is, these algorithms all learn causal structure without assuming any particular relation between the measurement and system timescales; they are thus rate-agnostic. We apply these algorithms to data from simulations. The results provide insight into the challenge of undersampling. (shrink)

The main question that Firestone & Scholl (F&S) pose is whether “what and how we see is functionally independent from what and how we think, know, desire, act, and so forth” (sect. 2, para. 1). We synthesize a collection of concerns from an interdisciplinary set of coauthors regarding F&S's assumptions and appeals to intuition, resulting in their treatment of visual perception as context-free.

In response to recent corporate ethical and financial disasters there has been increased pressure on business schools to improve their teaching of corporate ethics. Accreditation bodies, such as the Association to Advance Collegiate Schools of Business (AACSB), now require member institutions to develop the ethical awareness of business students, either through a dedicated subject or an integrated coverage of ethics across the curriculum. This paper describes an institutional approach to the incorporation of a comprehensive multi-disciplinary ethics framework into the business (...) curriculum. We discuss important implications for the assessment of ethics within institutional assurance practices, and address critical issues related to the support of academics whenrequired to incorporate new ethics material within their subject which may be outside their field of expertise. As an example, the successful application of the framework within the marketing discipline is presented and discussed. (shrink)

Many have pointed out that the utility of mathematical objects is somewhat disconnected from their ontological status. For example, one might argue that arithmetic is useful whether or not numbers exist. We explore this phenomenon in the context of Divine Conceptualism, which claims that mathematical objects exist as thoughts in the divine mind. While not arguing against DC claims, we argue that DC claims can lead to epistemological uncertainty regarding the ontological status of mathematical objects. This weakens DC attempts to (...) explain the utility of mathematical objects on the basis of their existence. To address this weakness, we propose an appeal to Liggins’ theory of Belief Expressionism. Indeed, we point out that BE is amenable to the ontological claims of DC while also explaining the utility of mathematical objects apart from reliance upon their existence. We illustrate these themes via a case study of Peano Arithmetic. (shrink)

This year's volume of collected papers in the Current Legal Problems series provides in-depth analyses some important developments which have taken place in recent months. Public law has witnessed much activity both in the courts and in Parliament during the last twelve months and this is reflected in three essays which examine different aspects of human rights, equality, and the right to privacy. In the wake of the Royal Commission on Criminal Justice, two lengthy essays deal with evidence in police (...) investigations and the concept of due process and pre-trial criminal justice. (shrink)

This book celebrates the work of Patricia Werhane, an iconic figure in business ethics. This festschrift is a collection of articles that build on Werhane’s contributions to business ethics in such areas as Employee Rights, the Legacy of Adam Smith, Moral Imagination, Women in Business, the development of the field of business ethics, and her contributions to such fields as Health Care, Education, Teaching, and Philosophy. All papers are new contributions to the management literature written by well-known business ethicists, such (...) as Norman Bowie, Richard De George, Ronald Duska, Edwin Hartman, Michael Hoffman, Mollie Painter-Morland, Mark Schwartz, Andrew Wicks, and others. The volume is comprised of articles that reflect on Werhane’s work as well as build on it as a way to advance further research. At the end of the festschrift, Pat Werhane provides responses to each chapter. The first chapter of the book also includes the overview of Patricia Werhane’s work and her academic career. The book is written to appeal to management scholars and graduate students interested in the areas of Business Ethics, Modern Capitalism, and Human Rights. Patricia Werhane is one of the most distinguished figures in the field of business ethics. She was a founder of the field, she is one of its leading scholars, and she has had a profound impact on the world of business practice. Among her many accomplishments, Pat is known for her original work on moral imagination, she is an acclaimed authority on employee rights in the workplace, and she is one of the leading scholars on Adam Smith. Having been active in Academia for over 50 years, Werhane is a prolific author of over a hundred articles and book chapters, and the author or editor of twenty-seven books, including Adam Smith and his Legacy for Modern Capitalism, Moral Imagination and Management Decision-Making, and co-authored books Organization Ethics in Health Care, Alleviating Poverty Through Profitable Partnerships, Obstacles to Ethical Decision-Making, Corporate Responsibility: The American Experience, and Research Approaches to Business Ethics and Corporate Responsibility. (shrink)

"The premise of the Jewish attitude toward illness is that living is sacred, that good health enables us to live a fully religious life, and that disease is an evil. Any effective therapy is permitted, even if it conflicts with Jewish law. To bring about healing is a responsibility not only of the person who is ill and of the professional caregivers, but also of the loved ones, and of the larger circle of family, friends, and community." "Illness and Health (...) in the Jewish Tradition is an anthology of traditional and modern Jewish writings that highlights these basic principles."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved. (shrink)

The nineteenth-century poet, critic and philosopher, Samuel Taylor Coleridge, once characterized the mind of William Shakespeare as "oceanic". Oceans, of course, teem with myriad forms of life: is philosophy one such form in the oceanic vastness of Shakespeare 's creative genius? If so, how do we identify philosophic elements in his plays and assess the place they occupy? What sense does it make to speak of "philosophical criticism" of individual plays? How does Shakespeare incorporate epistemologies of his own time and (...) how dramatically appropriate are they? To what extent is Shakespeare of use to contemporary philosophers and how does he anticipate them; and, vice-versa, can such philosophies refine our understanding of certain issues to which literary critics may fail to do justice? That is, can philosophy take us beyond the purely literary examination of plot structure, character, poetic imagery, speech rhythms, dialogues, settings, etc. to grant us new insight into the problematical issues the plays raise? In the time at my disposal, I am going to attempt some answers to at least some of these questions, by dwelling briefly on The Merchant of Venice, Romeo and Juliet, and Hamlet. (shrink)

ABSTRACT The contemporary world is politically organised on the assumption that there exists an international community which should be governed by the rule of law under the authority of the United Nations Organisation. This idea may be called cosmopolitan liberalism. It is commonly criticised for ineffectiveness caused by excessive respect for the sovereignty of states. Recently, it has become apparent that cosmopolitan liberalism is inadequate to conceptualise and consequently to solve the practical problems posed by nationalism. David Miller has (...) sought to rehabilitate ‘nationality’in left‐liberal political philosophy. Reasons are presented for believing that his defence of nationality is inadequately articulated with cosmopolitan liberalism and consequently morally dangerous from a liberal point of view. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:122 HISTORY OF PHILOSOPHY the godlike in himself. No longer would his serf-alienation be put at a distance and reified so that it overpowers him. No longer would a world without aim and without meaning compel him to refer aim and meaning to transmundane powers, Transcendental aims and meanings are not known and are not needed: the innocence of becoming, whose moments are equally valuable or valueless since there (...) is nothing wherewith to measure them, is the higher condition of man. For only an as yet meaningless world is receptive to the bestowal of new meaning, and only in such a world can man discover his true self-image--as sole creator of meanings. All this is carefully pieced together and supported by well-chosen texts. Professor Wein is on shaky ground, however, when he claims that Christ, not Dionysus, is the proper symbol of Nietzschean affirmation. Wein observes, quite rightly, that Nietzsche's affirmations were never clearly conceptualized, that they find expression almost wholly in moments of poetic ecstasy. But Nietzsche's lyrical outbursts are thoroughly Dionysian in character. Moreover, not only is Nietz.sche's representation of Christ as immanentist yea-sayer extremely forced, but Nietzsche's own denigration of human mutuality, of which Wein is critical, cannot be reconciled even with the distorted image of Christ which Nietzsche cherished. But that is a minor flaw (in spite of the subtitle) in an otherwise sensitive and searching essay. Elucidations rather than obfuscations of "what Nietzsche meant" are hard to come by. PE'rER Fuss University of California, Riverside Dooyeweerd and the Amsterdam Philosophy. By R. H. Nash. (Grand Rapids, Michigan: Zondervan Publishing Co., 1962. $2.50.) Dooyeweerd and the Amsterdam Philosophy provides a brief synopsis and critical discussion of several of the major tenets of the new School of Augustinian philosophy set forth by the Dutch philosopher, Herman Dooyeweerd, in his four-volume work A New Critique of Theoretical Thought. The central thesis defended by Dooyeweerd is the assertion that philosophy cannot be religiously neutral. Theoretical insight into the coherence of the aspects of the temporal world can be acquired, if, and only if, the philosopher answers questions about the ultimate origin of the world and his own relation to that origin. To reach a decision with respect to the origin of the world, both in its diversity and unity, requires an act of religions faith. The motive of form and matter, which dominated the classical Greek world, arose out of the encounter between the pre-Homeric religion of life and the cultural religion of the Olympic gods. Modern humanism, in contrast, has absolutized the theoretical attitude of thought and secularized the Christian idea of creation and freedom, thereby giving rise to a polar tension between a "Faustian" passion to dominate reality by scientific method and the notion of freedom, expressed in the absolute sovereignty of human personality. Within humanism reason is made the origin of the world, the giver of law. The ascription of primacy to the ideal of science may lead to the hypostatization of the categorical imperative, or to the absolutization of special forms of scientific thought. However, when primacy is ascribed to the ideal of human personality, transcendental thought may BOOK REVIEWS 123 become the origin of the norms of moral freedom and the formal origin of the laws os nature. The totality of the world may be interpreted in terms of the homo noumenon, or in terms of a totality of values, in terms of feeling or as the historical stream of experience. The interrelationship between the various aspects of reality is misconstrued by humanism when the modal laws of the world are absolutized, and a single aspect is made the basic denominator of reality. The neo-Augustinian philosophy of Dooyeweerd recognizes the priority of faith and would unmask the alleged neutrality of theoretical reason as a dogma concealing the religious foundations of theoretical thought. The Archimedean point of Dooyeweerd's philosophy is not cogito ergo sum, nor vivo in [luxu continuo, etiam cogitans, but it is rather: Ego, in Christo regeneratus, etiam cogitans ex Christo vivo. The heart in its Biblical sense is the religious root and center of human existence... (shrink)

Freeman’s syntactic criterion for linked argument structure is often readily applicable, captures intuitively linked structures, and implies that refuting a single premiss of a linked argument suffices to refute the argument. But one cannot sharply separate analysis from inference evaluation in applying it, whether an argument satisfies it can be uncertain, it under-generates cases where refuting one premiss suffices to refute an argument, some arguments satisfying it can be easily rescued if a single premiss is refuted, and Freeman’s (...) underlying account of probative relevance is dubious. (shrink)

“Tell me," Wittgenstein once asked a friend, "why do people always say, it was natural for man to assume that the sun went round the earth rather than that the earth was rotating?" His friend replied, "Well, obviously because it just looks as though the Sun is going round the Earth." Wittgenstein replied, "Well, what would it have looked like if it had looked as though the Earth was rotating?” What would it have looked like if we looked at all (...) sciences from the viewpoint of Wittgenstein’s philosophy? Wittgenstein is undoubtedly one of the most influential philosophers of the twentieth century. His complex body of work has been analysed by numerous scholars, from mathematicians and physicists, to philosophers, linguists, and beyond. This volume brings together some of his central perspectives as applied to the modern sciences and studies the influence they may have on the thought processes underlying science and on the world view it engenders. The contributions stem from leading scholars in philosophy, mathematics, physics, economics, psychology and human sciences; all of them have written in an accessible style that demands little specialist knowledge, whilst clearly portraying and discussing the deep issues at hand. (shrink)

For the last five years philosopher Galen Strawson has provoked a mixture of shock and scepticism with his carefully argued case that physicalism entails panpsychism. In this book Strawson provides the fullest and most careful statement of his position to date, throwing down the gauntlet to his critics — including Peter Carruthers, Frank Jackson, David Rosenthal and J.J.C. Smart — by inviting them to respond in print. The book concludes with Strawson's response to his commentators. Galen Strawson’s books include (...) Mental Reality, The Self? and Freedom and Belief. (shrink)

I do not approach the question of free will as a scientist, like Colin Blakemore, or a lawyer, like David Hodgson, or philosopher, like Daniel Dennett, but as a priest -- someone who feels responsible for my own actions and who is called upon to counsel and absolve such as come to me with their shame and their guilt. Should I say that their sense of responsibility is illusory? Or should I encourage them to accept responsibility, and then to (...) deal with it in the various ways -- religious, psychological and practical -- that are open to them? (shrink)

The “basic debate” in business ethics between shareholder theory and stakeholder theory has underlined the field since its inception, with wide ranging normative, descriptive, and instrumental arguments offered on both sides. We maintain that insofar as this is primarily a normative debate, clarity can be brought by elucidating how it is framed by the political philosophies of liberalism and libertarianism.With liberalism represented by John Rawls’s theory of justice and libertarianism represented by the ideas of Milton Friedman and Robert Nozick, and (...) Edward Freeman, the paper shows that both liberalism and libertarianism can be interpreted to justify shareholder and stakeholder theory respectively. The debate between shareholder theory and stakeholder theory is framed by liberal and libertarian justifications that hinge primarily on whether and to what extent one should have exogenous or endogenous safeguards on corporate behavior. Accordingly, political philosophy turns out to be highly relevant to both business ethics and corporate governance, not because the corporation resembles the state, but because of the potential safeguards placed on the corporation by the state. (shrink)

The paper completes a trilogy of papers, under the title: “A Quasi-Personal Alternative to Some Anglo-American Pluralist Models of Organisations: Towards an Analysis of Corporate Self-Governance for Virtuous Organisations”. The first two papers of the three are published in Philosophy of Management, Volumes 10,3 and 11,2. This last paper argues that three dominant Anglo-American organisational theories which see themselves as “business ethics-friendly,” are less so than they seem. It will be argued they present obstacles to collective corporate moral agency. They (...) are: 1) the dominant “soft pluralist” organisational theory of Bolman and Deal, published in 1984 and more recently expressed in Reframing Organisations: Artistry, Choice, and Leadership, 5th edition, 2013, which is based on “reframing,” and which we will call reframing theory (RT); 2) the Business Ethics deployment of Stakeholder Management Theory (SMT) associated with R. Edward Freeman, and several colleagues, dominant in the same period (1984-); and 3) to a much lesser degree, an adapted version of SMT in the Integrated Social Contract Theory (ISCT) of Donaldson and Dunfee (Ties That Bind, Harvard Business School Press (1999)). This paper suggests a return, from RT, SMT, and ISCT, to an older “participative-structuralist” Neo-Aristotelian virtue-ethics based account, based on an analogy between “natural” persons, and organisations as “artificial” persons, with natural persons seen as “flat” architectonically related sets of capacity in complementary relation, and organisations as even flatter architectonic hierarchies of groups of incumbents in roles. This quasi-personal model preserves the possibility of corporate moral agency and some hierarchical and lateral order between leadership groups and other functional roles in the ethical governance of the whole corporation, as a collective moral agent. The quasi-person model would make possible assigning degrees of responsibility and a more coherent interface of Ethics, Organisational Ethics, and Management Theory; the reconfiguring of the place of business in society; an alternate ethico-political basis for Corporate Social Responsibility; and a rethinking of the design of the business corporate form, within the practice and institutions of business, but embedded in a state as representing the community. (shrink)

This latest volume in the acclaimed Ruffin Series in Business Ethics brings together the contributions to the annual Ruffin Lecture series, in which some of the leading scholars in business ethics addressed the question: Can business, and business education, be considered one of the humanities, or is it in a class by itself? At a time when business is coming under attack for its apparent transgressions, this book iluminates the special values that inhere in the business world. Arguing all sides (...) of the issue, the distinguished contributors include Richard DeGeorge, Ronald Green, Thomas Dunfee, Robert Solomon, Edwin Hartman, Peter French, Patricia Werhane, Clarence Walton, W. Michael Hoffman, David Fedo, Kenneth Andrews, Joanne Ciulla, Manuel Velasquez, and George Brenkert. The editors contribute an informative Introduction and an Epilogue to set the debate in its proper context. (shrink)

Against arguments that suggest that Rawls’s notion of reasonability is ‘obscure’ and ‘unclear’ I argue in this essay that the idea of reasonability in the later Rawls can be defended in three ways. First, it can be shown that reasonability is fundamental to the architectonic of the later work. Reasonability, and the subordination of reason to reasonability, is fundamental to the later (post-1980) writings. Second, it can be shown that reasonability is not necessarily a vague term as many have claimed. (...) Third, it can be shown that reasonability is fundamental to what Rawls calls the three major new ideas of Political Liberalism: overlapping consensus; the reconception of the priority of the right over the good; and the idea of public reason. (shrink)