Environmental degradation and extractive industry are inextricably linked, and the industry’s adverse impact on air, water, and ground resources has been exacerbated with increased demand for raw materials and their location in some of the more environmentally fragile areas of the world. Historically, companies have managed to control calls for regulation and improved, i.e., more expensive, mining technologies by (a) their importance in economic growth and job creation or (b) through adroit use of their economic power and bargaining leverage against (...) weak national governments, regional and international regulatory bodies. More recently, the industry has had to contend with another set of challenges that involved treatment of indigenous people and their traditional land rights, fair treatment of workers, human rights abuses, and bribery and corruption involving local officials and political leaders. These challenges currently fall outside the traditional areas of regulation and control. Nevertheless, they pose serious threat to the industry’s business practices because of their global scope, threat to company’s reputation, and long-term risks of political instability leading to increasing cost of capital. Industry has responded to these challenges by creating voluntary codes of conduct that would signify their intent to comply with higher standards of conduct, and assuage public opinion that no further action is called for. These codes, however, lack any monitoring mechanism and reporting integrity to assure the public that the industry members are indeed meeting their commitments. Consequently, pressure on the industry continues unabated and with ever increasing calls for mandatory regulation and oversight. This article examines the activities of one mining company, Freeport-McMoRan Copper & Gold, Inc., which has taken a radically different approach in responding to these challenges at its mining operations in West Papua, Indonesia. While cooperating with industry-based efforts of voluntary codes of conduct, Freeport also initiated a radically different response through its own voluntary code that would directly focus on issues of human rights, treatment of indigenous people on whose traditional land its mine was located; economic development and job creation and, improvements in health, education, and housing facilities, to name a few. Additionally, the company earmarked large sums of money and involved representatives of the indigenous people in their management and disbursement. The company took an even more radical action when it committed itself to independent external audits of the company’s compliance with the code, and that these findings and company’s responses would be made public without prior censorship by the company. We analyze the nature of corporate culture, vision and risk-taking propensities of its management that would impel the company to embark on a high risk strategy whose outcomes could not be predicted with any degree of certainty before the fact. The parent company also had to confront discontent among the management ranks at the mine site because of cultural differences and management styles of expatriates and local (Indonesian) managers. Finally, we discuss in some detail the extensive and intensive character of a two phase audit conducted by the outside monitors, their findings, and the process by which they were implemented and reported to general public. We also evaluate the strengths and challenges posed by such audits, their importance to the company’s future, and how such projects might be undertaken by other companies. (shrink)

Wilkinson's (1) critique of psychoanalysis and psychoanalytically oriented psychotherapy is weakened by inconsistent use of crucial terms, a systematically biased selectivity in reviewing empirical evidence and prior debates, and a failure to address issues crucial for a scientific understanding of psychotherapy.

In this astonishingly rich volume, experts in ethics, epistemology, philosophy of mind, political theory, aesthetics, history, critical theory, and hermeneutics bring to light the best philosophical scholarship on what is arguably Nietzsche's most rewarding but most challenging text. Including essays that were commissioned specifically for the volume as well as essays revised and edited by their authors, this collection showcases definitive works that have shaped Nietzsche studies alongside new works of interest to students and experts alike. A lengthy introduction, annotated (...) bibliography, and index make this an extremely useful guide for the classroom and advanced research. (shrink)

This project continues our interdisciplinary research into computational and cognitive aspects of narrative comprehension. Our ultimate goal is the development of a computational theory of how humans understand narrative texts. The theory will be informed by joint research from the viewpoints of linguistics, cognitive psychology, the study of language acquisition, literary theory, geography, philosophy, and artificial intelligence. The linguists, literary theorists, and geographers in our group are developing theories of narrative language and spatial understanding that are being tested by the (...) cognitive psychologists and language researchers in our group, and a computational model of a reader of narrative text is being developed by the AI researchers, based in part on these theories and results and in part on research on knowledge representation and reasoning. This proposal describes the knowledge-representation and natural-language-processing issues involved in the computational implementation of the theory; discusses a contrast between communicative and narrative uses of language and of the relation of the narrative text to the story world it describes; investigates linguistic, literary, and hermeneutic dimensions of our research; presents a computational investigation of subjective sentences and reference in narrative; studies children’s acquisition of the ability to take third-person perspective in their own storytelling; describes the psychological validation of various linguistic devices; and examines how readers develop an understanding of the geographical space of a story. This report is a longer version of a project description submitted to NSF. This document, produced in May 2007, is a L ATEX version of Technical Report 89-07 (Buffalo: SUNY Buffalo Department of Computer Science, August 1989), with slightly.. (shrink)

Written by Thomas Hobbes and first published in 1651, _Leviathan_ is widely considered the greatest work of political philosophy ever composed in the English language. Hobbes's central argument—that human beings are first and foremost concerned with their own fears and desires, and that they must relinquish basic freedoms in order to maintain a peaceful society—has found new adherents and critics in every generation. This new edition, which uses modern text and relies on large-sheet copies from the 1651 Head version, includes (...) interpretive essays by four leading Hobbes scholars: John Dunn, David Dyzenhaus, Elisabeth Ellis, and Bryan Garsten. Taken together with Ian Shapiro’s wide-ranging introduction, they provide fresh and varied interpretations of _Leviathan_ for our time. (shrink)

Just about every theorist holds that vague terms are context-sensitive to some extent. What counts as ?tall?, ?rich?, and ?bald? depends on the ambient comparison class, paradigm cases, and/or the like. To take a stock example, a given person might be tall with respect to European entrepreneurs and downright short with respect to professional basketball players. It is also generally agreed that vagueness remains even after comparison class, paradigm cases, etc. are fixed, and so this context sensitivity does not solve (...) the problems with vague terms. In this paper, I briefly sketch the main features of my broadly contextualist account of vagueness, that of the late Ruth Manor, and that of Agustín Rayo, showing how the three accounts relate to, and reinforce, each other, noting a seeming difference. A key item used to articulate my own view is David Lewis's notion of conversational score. This is used to track which borderline cases have been called in the course of a conversation. Manor alludes to Lewis's notion of accommodation, a key aspect of the kinematics of conversation, and Rayo invokes Stalnaker's notion of common ground. I'll show how the conversational score could be employed to develop and extend their views, showing how vague terms, as they construe them, are (or can be) deployed in conversation, consistent with both the underlying indeterminacy of the terms and normal communicative goals. To help develop all three views further, I invoke Craige Roberts's notion of Retrievability, a tool developed to show how definites, such as definite descriptions, singular pronouns, and proper names, are deployed in conversation, in a Lewis-style scorekeeping framework. This, I think, is exactly the right way to understand conversations in what Manor calls non-sorities situations and, to invoke my own view, in sorites situations as well. (shrink)

In Legality, Scott Shapiro – a leading legal positivist – analyses the problem of a wicked legal system in a way that brings him close to natural law positions. For he argues that a wicked legal system is botched as a legal system and I show that such an argument entails a prior argument that there is some set of standards or criteria internal to law which are both moral and legal. As a result, the more successful a legal (...) order is legally speaking, the better the moral quality of its law, and the more it is a failure morally speaking, the worse the legal quality of its law. It is such moral features of law that Shapiro concedes make it plausible to account for law’s claim to justified authority over its subjects. However, Shapiro cannot, as a legal positivist, accept this entailment. His book thus brings to the surface and illuminates a central dilemma for legal positivism. If legal positivists wish to account for the authority of law they have to abandon legal positivism’s denial that law has such moral features. If they do not, they should revive a form of legal positivism that specifically abjures any claim to account for law’s normative nature. (shrink)

Hartry Field has proposed a fundamental division of theories of linguistic and mental content into those that do, and those that don’t, give a central role to ‘that’-clause ascriptions. Here I investigate the commitments of theories that (in accord with Field’s position) deny ‘that’-clause ascriptions a central role, but (in contrast to Field’s position) give truth conditions a central role. Such non-oblique truth-conditionalism promises significant advantages. However, the stance is costlier than it may appear. Non-oblique truth-conditionalists, I argue, must renounce (...) a priori entitlement to schemas of disquotation that are presupposed when theories of content are put to metaphysical or epistemological use. As case studies, I discuss two theories that might seem to exemplify non-oblique truth-conditionalism: David Chalmers’s two-dimensionalist theory of content and Ruth Millikan’s teleosemantics. (shrink)

Inspired by Cantor's Theorem (CT), orthodoxy takes infinities to come in different sizes. The orthodox view has had enormous influence in mathematics, philosophy, and science. We will defend the contrary view---Countablism---according to which, necessarily, every infinite collection (set or plurality) is countable. We first argue that the potentialist or modal strategy for treating Russell's Paradox, first proposed by Parsons (2000) and developed by Linnebo (2010, 2013) and Linnebo and Shapiro (2019), should also be applied to CT, in a way (...) that vindicates Countabilism. Our discussion dovetails with recent independently developed treatments of CT in Meadows (2015), Pruss (2020), and Scambler (2021), aimed at establishing the mathematical viability, and therefore epistemic possibility, of Countabilism. Unlike these authors, our goal isn't to vindicate the mathematical underpinnings of Countabilism. Rather, we aim to argue that, given that Countabilism is mathematically viable, Countabilism should moreover be regarded as true. After clarifying the modal content of Countabilism, we canvas some of Countabilism's many positive implications, including that Countabilism provides the best account of the pervasive independence phenomena in set theory, and that Countabilism has the power to defuse several persistent puzzles and paradoxes found in physics and metaphysics. We conclude that in light of its theoretical and explanatory advantages, Countabilism is more likely true than not. (shrink)

This paper and its companion (‘‘The Planning Theory of Law I: The Nature of Legal Institutions’’) provide a general introduction to Scott Shapiro’s Planning Theory of Law as developed in his recent book Legality. The Planning Theory encompasses both an account of the nature of legal institutions and an account of the nature of legal norms. The first paper concerns the account of legal institutions. This paper concerns the account of legal norms.

According to Scott Shapiro’s Moral Aim Thesis, it is an essential feature of the law that it has a moral aim. In short, for Shapiro, this means that the law has the constitutive aim of providing morally good solutions to morally significant social problems in cases where other, less formal ways of guiding the activity of agents won’t work. In this article, I argue that legal positivists should reject the Moral Aim Thesis. In short, I argue that although (...) there are versions of the Moral Aim Thesis that are arguably compatible with legal positivism, all of the different ways of making it compatible face serious philosophical difficulties. Following a discussion of what these difficulties are, I provide an alternative to the Moral Aim Thesis, a thesis that I call the ‘Represented-as-Moral Thesis’. This thesis avoids the problems that I raise for the Moral Aim Thesis and better resonates with some of the core intuitions behind legal positivism. Furthermore, a version of Shapiro’s Planning Theory of Law that is developed with the Represented-as-Moral Thesis (as opposed to the Moral Aim Thesis) can explain all of the things that Shapiro uses the Moral Aim Thesis to explain. (shrink)

In “How Facts Make Law” and other recent work, Mark Greenberg argues that legal positivists cannot develop a viable constitutive account of law that meets what he calls the “the rational-relation requirement.” He argues that this gives us reason to reject positivism in favor of antipositivism. In this paper, I argue that Greenberg is wrong: positivists can in fact develop a viable constitutive account of law that meets the rational-relation requirement. I make this argument in two stages. First, I offer (...) an account of the rational-relation requirement. Second, I put forward a viable positivist account of law that I argue meets this requirement. The account that I propose is a version of Scott Shapiro’s Planning Theory of Law. The version of Shapiro’s account that I propose combines (1) the account of concepts and conceptual analysis put forward by David Chalmers and Frank Jackson with (2) the account of the concept LEGAL INSTITUTION (and its conceptual connections to the concept LEGAL NORM) that we get from a certain reading of Shapiro’s Planning Theory. In addition to providing a compelling response to Greenberg’s argument in “How Facts Make Law,” I argue that the explanation for why my response to Greenberg works underscores one of the central problems facing legal antipositivism: namely, its lack of a convincing account of the nature of legal institutions. (shrink)

William Connolly, one of the best-known and most important political theorists writing today, is a principal architect of the “new pluralism.” In this volume, leading thinkers in contemporary political theory and international relations provide a comprehensive investigation of the new pluralism, Connolly’s contributions to it, and its influence on the fields of political theory and international relations. Together they trace the evolution of Connolly’s ideas, illuminating his challenges to the “old,” conventional pluralist theory that dominated American and British political science (...) and sociology in the second half of the twentieth century. The contributors show how Connolly has continually revised his ideas about pluralism to take into account radical changes in global politics, incorporate new theories of cognition, and reflect on the centrality of religion in political conflict. They engage his arguments for an agonistic democracy in which all fundamentalisms become the objects of politicization, so that differences are not just tolerated but are productive of debate and the creative source of a politics of becoming. They also explore the implications of his work, often challenging his views to widen the reach of even his most recently developed theories. Connolly’s new pluralism will provoke all citizens who refuse to subordinate their thinking to the regimes in which they reside, to religious authorities tied to the state, or to corporate interests tied to either. _The New Pluralism_ concludes with an interview with Connolly in which he reflects on the evolution of his ideas and expands on his current work. _Contributors_: Roland Bleiker, Wendy Brown, David Campbell, William Connolly, James Der Derian, Thomas L. Dumm, Kathy E. Ferguson, Bonnie Honig, George Kateb, Morton Schoolman Michael J. Shapiro, Stephen K. White. (shrink)

This paper and its companion (“The Planning Theory of Law II: The Nature of Legal Norms”) provide a general introduction to Scott Shapiro’s Planning Theory of Law as developed in his recent book Legality. The Planning Theory encompasses both an account of the nature of legal institutions and an account of the nature of legal norms. This first paper concerns the account of legal institutions. The second concerns the account of legal norms.

As machine learning has gradually entered into ever more sectors of public and private life, there has been a growing demand for algorithmic explainability. How can we make the predictions of complex statistical models more intelligible to end users? A subdiscipline of computer science known as interpretable machine learning (IML) has emerged to address this urgent question. Numerous influential methods have been proposed, from local linear approximations to rule lists and counterfactuals. In this article, I highlight three conceptual challenges that (...) are largely overlooked by authors in this area. I argue that the vast majority of IML algorithms are plagued by (1) ambiguity with respect to their true target; (2) a disregard for error rates and severe testing; and (3) an emphasis on product over process. Each point is developed at length, drawing on relevant debates in epistemology and philosophy of science. Examples and counterexamples from IML are considered, demonstrating how failure to acknowledge these problems can result in counterintuitive and potentially misleading explanations. Without greater care for the conceptual foundations of IML, future work in this area is doomed to repeat the same mistakes. (shrink)

Accounting educators are being called on to provide a greater emphasis on ethics education. This paper examines three important issues concerning ethics education in accounting. First, the question of whether ethics can indeed be taught is examined. Next, several innovative approaches are presented which have been used by accounting educators to integrate ethics into the classroom. Finally, results of a survey of students concerning their perspectives of ethical issues in accounting education, the accounting profession, and society at large are presented (...) and discussed. Survey results reveal that students consider a lack of ethics damaging to the accounting profession and society. Results also indicate that accounting students are seeking ethical and moral direction. (shrink)

Unsupervised learning algorithms are widely used for many important statistical tasks with numerous applications in science and industry. Yet despite their prevalence, they have attracted remarkably little philosophical scrutiny to date. This stands in stark contrast to supervised and reinforcement learning algorithms, which have been widely studied and critically evaluated, often with an emphasis on ethical concerns. In this article, I analyze three canonical unsupervised learning problems: clustering, abstraction, and generative modeling. I argue that these methods raise unique epistemological and (...) ontological questions, providing data-driven tools for discovering natural kinds and distinguishing essence from contingency. This analysis goes some way toward filling the lacuna in contemporary philosophical discourse on unsupervised learning, as well as bringing conceptual unity to a heterogeneous field more often described by what it isnot(i.e., supervised or reinforcement learning) than by what itis. I submit that unsupervised learning is not just a legitimate subject of philosophical inquiry but perhaps the most fundamental branch of all AI. However, an uncritical overreliance on unsupervised methods poses major epistemic and ethical risks. I conclude by advocating for a pragmatic, error-statistical approach that embraces the opportunities and mitigates the challenges posed by this powerful class of algorithms. (shrink)

Necessity and sufficiency are the building blocks of all successful explanations. Yet despite their importance, these notions have been conceptually underdeveloped and inconsistently applied in explainable artificial intelligence, a fast-growing research area that is so far lacking in firm theoretical foundations. In this article, an expanded version of a paper originally presented at the 37th Conference on Uncertainty in Artificial Intelligence, we attempt to fill this gap. Building on work in logic, probability, and causality, we establish the central role of (...) necessity and sufficiency in XAI, unifying seemingly disparate methods in a single formal framework. We propose a novel formulation of these concepts, and demonstrate its advantages over leading alternatives. We present a sound and complete algorithm for computing explanatory factors with respect to a given context and set of agentive preferences, allowing users to identify necessary and sufficient conditions for desired outcomes at minimal cost. Experiments on real and simulated data confirm our method’s competitive performance against state of the art XAI tools on a diverse array of tasks. (shrink)

The question whether two things can be in the same place at the same time is an ambiguous one. At least three distinct questions could be meant: Can two things simpliciter be in the same place at the same time? Can two things of the same kind be in the same place at the same time? Can two substances of the same kind be in the same place at the same time? The answers to these questions vary. In what follows, (...) all three will be discussed in the light both of recent and of classic earlier examinations of the matter. The following theses will be defended. (shrink)

_Real Essentialism_ presents a comprehensive defence of neo-Aristotelian essentialism. Do objects have essences? Must they be the kinds of things they are in spite of the changes they undergo? Can we know what things are really like – can we define and classify reality? Many, if not most, philosophers doubt this, influenced by centuries of empiricism, and by the anti-essentialism of Wittgenstein, Quine, Popper, and other thinkers. _Real Essentialism_ reinvigorates the tradition of realist, essentialist metaphysics, defending the reality and knowability (...) of essence, the possibility of objective, immutable definition, and its relevance to contemporary scientific and metaphysical issues such as whether essence transcends physics and chemistry, the essence of life, the nature of biological species, and the nature of the person. (shrink)

Clarke proposes a conception of philosophy that provides an alternative to the reductions of materialism and the search for normative principles. Philosophy's proper role is to describe similarities and differences among differing levels of language, specifically the familiar level of discourse within an ordinary language shared by all and the specialized discourses of social institutions such as science, law, and the arts. By constructing a logical framework in which these comparisons and contrasts can be made, philosophy performs the indispensable role (...) of promoting the integration of disparate elements of our culture. (shrink)

The public forum has been connected to the functioning of democracy, expressive freedom, and the media's role in society. While the public forum's legal contours have been examined, the ethical foundation of the public forum has not. Relying on archival research, this article argues that ideas about the public forum can be traced to the pragmatism of Grenville Clark, who influenced ideas about the public forum through his work on the American Bar Association's Bill of Rights Committee.

Virtuousness refers to the pursuit of the highest aspirations in the human condition. It is characterized by human impact, moral goodness, and unconditional societal betterment. Several writers have recently argued that corporations, in addition to being concerned with ethics, should also emphasize an ethos of virtuousness in corporate action. Virtuousness emphasizes actions that go beyond the “do no harm” assumption embedded in most ethical codes of conduct. Instead, it emphasizes the highest and best of the human condition. This research empirically (...) examines the buffering and amplifying effects of virtuousness in organizations. The study hypothesizes that virtuousness has a positive effect on organizations because amplifying dynamics make subsequent virtuous action more likely, and buffering dynamics reduce the harmful effects of downsizing. The study reveals that two types of virtuousness – tonic and phasic – are associated with these effects. (shrink)

abstract This paper re‐examines some well‐known and commonly accepted arguments for the non‐individuality of the embryo, due mainly to the work of John Harris. The first concerns the alleged non‐differentiation of the embryoblast from the trophoblast. The second concerns monozygotic twinning and the relevance of the primitive streak. The third concerns the totipotency of the cells of the early embryo. I argue that on a proper analysis of both the empirical facts of embryological development, and the metaphysical importance or otherwise (...) of those facts, all three arguments are found wanting. None of them establishes that the embryo is not an individual human being from the moment of conception. (shrink)

As the detrimental effects of human agency loom large in the ‘Anthropocene’, theologians and philosophers have called for restraint by invoking the concept of kenosis. Although a ‘self-emptying’ form of life helps to counter the ways that humans are increasingly driving other species to extinction, we argue that such calls are often compromised by relying on notions of the Creator’s own attenuated or self-limited agency. They therefore trade in a competitive construal that is susceptible to the tendency of human agency (...) to either displace, or project itself upon, all other agencies, inadvertently perpetuating the ‘human epoch’. In their place, we critically develop the new direction in kenotic theology that speaks of divine self-realization in history through ‘deep incarnation’. Our constructive proposal argues for a more thoroughgoing recognition of both the transcendence of divine agency and, as a corollary, the diverse agencies of our fellow creatures. (shrink)

Although Mealey's account provides several interesting hypotheses, her integration across disparate samples renders the value of her explanation for psychopathy ambiguous. Recent evidence on Psychopathy Checklist-identified samples (Hare, 1991) suggests primary emotional and cognitive deficits inconsistent with her model. Whereas high-anxious psychopaths display interpersonal deficits consistent with Mealey's hypotheses, low-anxious psychopaths' deficits appear more sensitive to situational parameters than predicted.

The success of movies like The Artist and Hugo recreated the wonder and magic of silent film for modern audiences, many of whom might never have experienced a movie without sound. But while the American silent movie was one of the most significant popular art forms of the modern age, it is also one that is largely lost to us, as more than eighty percent of silent films have disappeared, the victims of age, disaster, and neglect. We now know about (...) many of these cinematic masterpieces only from the collections of still portraits and production photographs that were originally created for publicity and reference. Capturing the beauty, horror, and moodiness of silent motion pictures, these images are remarkable pieces of art in their own right. In the first history of still camera work generated by the American silent motion picture industry, David S. Shields chronicles the evolution of silent film aesthetics, glamour, and publicity, and provides unparalleled insight into this influential body of popular imagery. Exploring the work of over sixty camera artists, Still recovers the stories of the photographers who descended on early Hollywood and the stars and starlets who sat for them between 1908 and 1928. Focusing on the most culturally influential types of photographs—the performer portrait and the scene still—Shields follows photographers such as Albert Witzel and W. F. Seely as they devised the poses that newspapers and magazines would bring to Americans, who mimicked the sultry stares and dangerous glances of silent stars. He uncovers scene shots of unprecedented splendor—visions that would ignite the popular imagination. And he details how still photographs changed the film industry, whose growing preoccupation with artistry in imagery caused directors and stars to hire celebrated stage photographers and transformed cameramen into bankable names. Reproducing over one hundred and fifty of these gorgeous black-and-white photographs, Still brings to life an entire long-lost visual culture that a century later still has the power to enchant. (shrink)

This paper defends partiality as an inherent, essential part of ethical decision-making. First, the concept of charity as a kind of universal benevolence is spelled out, drawing on key ideas from classical religious thinking. I then argue that any justification of partiality must appeal to the good first, rather than rights. There follows a justification of partiality via an argument from the idea of control over the good. The next section seeks to harmonize partialistic preference with universal charity, explaining the (...) concept of love of neighbour. There follows an outline of the key principles required for setting out an order of charity based on different kinds of special relationship. While not all of this theistically driven approach to the order of charity translates easily into secular moral thought, enough does to suggest that the view defended is at the least worthy of consideration and not to be dismissed lightly. At best, it has much in it that is commendable to secular common sense. (shrink)

In recent years, the discipline of archaeology has witnessed its scientific base challenged by new interpretive approaches, new kinds of data and proposals for new levels of social relevance. The Reader in Archaeological Theory comprises a summary perspective on these different trends, problems and currents in recent archaeological method and theory, how they are related, and how they differ. Remarkable in its emphasis on North American research, many of the papers in this volume focus on ancient Mesoameria and the native (...) peoples of our continent. The breadth of scholarship covered in the Reader demonstrates how a variety of disciplines--from cognitive neuroscience to poststructural semiotics--have influenced some newer approaches to archaeological theory. (shrink)

Back cover: How is God revealed through the life of a human community? Dietrich Bonhoeffer's theological ethics begins from the claim to 'Christ existing as community', which David Robinson presents as one of several critical and politically astute variations on G.W.F. Hegel's philosophy of religion.