The failure of the critics of corporate governance to agree on what should be done to improve the governance process can, in most cases, be traced to a different understanding of the role of corporate directors in that process. This article analyzes and contrasts the obligations of directors under two legal theories, the fictional person theory and the organic theory, of the corporation. A comparison of the director's obligations under each theory indicates that the organic theory provides a better basis (...) for assessing the performance of directors and initiating reform.Among the boards of directors of Fortune 500 companies, I estimate that 95% are not fully doing what they are legally, morally, and ethically supposed to do. And they couldn't, even if they wanted to. (shrink)

I provide a phenomenological response to Quentin Meillassoux’s “realist” criticism of phenomenology and I explore the resources and limits of phenomenology in its own attempt to grapple with the paradox Meillassoux believes sinks it: subjectivity has priority over the physical reality it constitutes despite the anteriority and posteriority of that physical reality to subjectivity. I first offer a corrective to Meillassoux’s interpretation of Husserl. Then, I turn to Merleau-Ponty’s lectures on the philosophy of nature, where he addresses the paradox by (...) interpreting Husserl in the light of Schelling. I argue throughout that the correct understanding of Husserl’s concept of constitution, and particularly, passive constitution, defangs this realist criticism of phenomenology and suggests phenomenology to be capable of a Naturphilosophie intimating pre-reflective being. The prime instance of this pre-reflective being is subjectivity’s entanglement with a reality that encompasses it. (shrink)

Der Philosoph Frane Petrić , widmet einen bedeutenden Teil seiner Studien über Ontologie und Kosmologie, insbesondere in seinen Hauptwerken Discussiones peripateticae und Nova de universis philosophia, einer höchst originellen Untersuchung des Lichtes und der Zeit, zwei Konzepten, die auch in Einsteins „Zur Elektrodynamik bewegter Körper“ eine wichtige Rolle spielen. Bei der Gegenüberstellung der Konzepte dieser zwei Philosophen kommt ihre Verwandtschaft in jedem der erwähnten Systeme zum Ausdruck. Sowohl für Patricius, als auch für Einstein besitzt das Licht eine einmalige, unveränderliche Funktion (...) im Universum. In seiner Analyse der Zeit und mit ihr verwandter Konzepte, beispielsweise der Dauer, entwickelte Patricius eine konzeptuelle Struktur, dynamisch genug, um ihre Konsistenz mit Einsteins Analyse von Zeit und Simultaneität erkennbar zu machen. (shrink)

This essay proposes that Socrates practiced various spiritual exercises, including meditation, and that this Socratic practice of meditation was habitual, aimed at cultivating emotional self-control and existential preparedness. Contemporary research in neurobiology supports the view that intentional mental actions, including meditation, have a profound impact on brain activity, neuroplasticity, and help engender emotional self-control. This impact on brain activity is confirmed via technological developments, a prime example of how technology benefits humanity. Socrates attains the balanced emotional self-control that Alcibiades describes (...) in the Symposium because of the sustained mental effort he exerts that directly impacts his brain and his emotional and philosophical life. The essay concludes that Socratic meditative practices aimed at manifesting true dignity as human beings within the complexities of a technological world offer a promising model of self-care worthy of embracing today. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:NOTES AND DISCUSSIONS 167 they regard as the Standard of every Thing, and which they will not submit to the superior Light of Revelation?" (p. 21) is the Hume we have come to accept, Hume the philosopher, Hume the foe of superstition and enthusiasm. Indeed, upon reading the Letter it seems that one must ask himself if Hume;s desire for this position--and the financial security it would offer--has not (...) affected his response. We know that in his later life Hume flatly refused to debate the multitude of clergymen who attacked his works. Not even so respectable a philosopher as Thomas Reid could elicit a public response from him. Why then did he reply to a philosophical scoundrel such as Wishart? Of course, one could suggest that Courts and Kames and perhaps others may have urged Hume to this reply in his own interest. But that, to me, is precisely the point: Why so unusual a concern in just this case, and why one which seems to undercut some of what are thought to be Hume's most daring and creative analyses? These are not rhetorical questions, but queries of importance to those who wish to see Hume and his work whole. The Letter ]rom a Gentleman does shed important light on the Treatise. Professor Mossner was quite correct in his surmise. But I believe that it raises more questions than it answers--and for this reason too we are fortunate that it has been added to the Hume bibliography. DAVZDFATE NORTON Edinburgh, Scotland THE HEGELIAN DANTE OF WILLIAM TORREY HARRIS William Torrey Harris is remembered as the foremost American exponent of Hegelianism; as founder of the Philosophical Society (1866); as editor of the Journal of Speculative Philosophy (1867-93); as U.S. Commissioner of Education (1889-1906); and as founder, with Miss Susan E. Blow, of the first permanent public school kindergarten in America. He also gave Melville Dewey the order of the ten subiect classes of his famous book classification system, and was co-founder of the Library Journal. Harris was born in North Killingsly, Connecticut in 1835. He studied at Phillips Andovcr Academy, and at Yale University, from which he withdrew in his junior year to accept a teaching position in St. Louis, Missouri in 1857. In St. Louis he met Henry C. Brockmeyer, a German immigrant and intellectual, and under his influence began a lifelong commitment to the philosophy of Georg Wilhelm Friedrich Hegel. He states that Hegel's philosophy became the center of all his thinking, but he nevertheless ~vent on to study the works of the other great thinkers, including those of Dante Alighieri. In 1883-84 he gave a series of lectures in St. Louis on Dante, and again in 1886 at the Concord School of Philosophy. These lectures were later expanded and published as The Spiritual Sense o] Dante's Divina Commedia, in Boston, by Houghton in 1889, and reissued in 1896. 168 HISTORY OF PHILOSOPHY The form of the Divina Commedia is a massive triadic structure of written words developed by exhaustive repetition of the terza rima. Structurally it is a development of the concept of The Trinity. The reader who knew not a single word of Italian could not escape having the Trinitarian notion hammered into his consciousness. Harris, however, was more concerned with meaning than form, and so he considered the triadic format a relatively trivial matter. Harris uses the Commedia to illustrate by imaginative representation the dialectic of the Holy Trinity to the American Protestant while explaining it with Hegelian logic. In summary he writes, "The doctrine of the divine form, or the self-activity of the absolute, involves the common nature of man and God, or God as divine human. This is the great central truth (of which the doctrine of the Trinity is the symbol) on which all modern civilization is built, and it is its open secret." Dante's Inferno corresponds with Hegel's logical and ontological level, called "Sein," the realm of abstract-unconscious-being-for-another. The Purgatory corresponds with his level "Wesen," the realm of mediated being in which the self is conscious of its being-in-and-for-another... (shrink)

Intuitive judgments elicited by verbal case-descriptions play key roles in philosophical problem-setting and argument. Experimental philosophy's ‘sources project’ seeks to develop psychological explanations of philosophically relevant intuitions which help us assess our warrant for accepting them. This article develops a psycholinguistic explanation of intuitions prompted by philosophical case-descriptions. For proof of concept, we target intuitions underlying a classic paradox about perception, trace them to stereotype-driven inferences automatically executed in verb comprehension, and employ a forced-choice plausibility-ranking task to elicit the relevant (...) stereotypical associations of perception- and appearance-verbs. We obtain a debunking explanation that resolves the philosophical paradox. (shrink)

This paper trials new experimental methods for the analysis of natural language reasoning and the development of critical ordinary language philosophy in the wake of J.L. Austin. Philosophical arguments and thought experiments are strongly shaped by default pragmatic inferences, including stereotypical inferences. Austin suggested that contextually inappropriate stereotypical inferences are at the root of some philosophical paradoxes and problems, and that these can be resolved by exposing those verbal fallacies. This paper builds on recent efforts to empirically document inappropriate stereotypical (...) inferences that may drive philosophical arguments. We demonstrate that previously employed questionnaire-based output measures do not suffice to exclude relevant confounds. We then report an experiment that combines reading time measurements with plausibility ratings. The study seeks to provide evidence of inappropriate stereotypical inferences from appearance verbs that have been suggested to lie at the root of the influential ‘argument from illusion’. Our findings support a diagnostic reconstruction of this argument. They provide the missing component for proof of concept for an experimental implementation of critical ordinary language philosophy that is in line with the ambitions of current ‘evidential’ experimental philosophy. (shrink)

In July 2020, the H3Africa Ethics and Community Engagement (E&CE) Working Group organised a webinar with ethics committee members and biomedical researchers from various African institutions throughout the Continent to discuss the issue of whether and how biological samples for scientific research may be accessed by commercial entities when broad consents obtained for the samples are silent. 128 people including Research Ethics Committee members (10), H3Africa researchers (46) including members of the E&CE working group, biomedical researchers not associated with H3Africa (...) (27), representatives from the National Institutes of Health (16) and 10 other participants attended the webinar and shared their views. Several major themes emerged during the webinar, with the topics of broad versus explicit informed consent, defining commercial use, legacy samples and benefit sharing prevailing in the discussion. This report describes the consensus concerns and recommendations raised during the meeting and will be informative for future research on ethical considerations for genomic research in the African research context. (shrink)

Experimental philosophy’s much-discussed ‘restrictionist’ program seeks to delineate the extent to which philosophers may legitimately rely on intuitions about possible cases. The present paper shows that this program can be (i) put to the service of diagnostic problem-resolution (in the wake of J.L. Austin) and (ii) pursued by constructing and experimentally testing psycholinguistic explanations of intuitions which expose their lack of evidentiary value: The paper develops a psycholinguistic explanation of paradoxical intuitions that are prompted by verbal case-descriptions, and presents two (...) experiments that support the explanation. This debunking explanation helps resolve philosophical paradoxes about perception (known as ‘arguments from hallucination’). (shrink)

The Sarbanes–Oxley Act of 2002 requires audit committees of public companies’ boards of directors to install an anonymous reporting channel to assist in deterring and detecting accounting fraud and control weaknesses. While it is generally accepted that the availability of such a reporting channel may reduce the reporting cost of the observer of a questionable act, there is concern that the addition of such a channel may decrease the overall effectiveness compared to a system employing only non-anonymous reporting options. The (...) rationale underlying this concern involves the would-be reporter’s likelihood of reporting, the seriousness with which the organization treats an anonymous report, and the organization’s ability to thoroughly follow-up the report. Thus, we explore the extent to which the availability of an anonymous reporting channel influences intended use of non-anonymous reporting channels. Further, in response to Sarbanes–Oxley and the environment of financial scandals that led to its passage, many firms are strengthening their internal audit departments, and providing them with greater independence from upper management’s direct control. Accordingly, our examination tests whether the intended use of the internal audit department as an internal reporting channel is greater when the internal audit department is of “high” versus “low” quality. Finally, the study investigates intended reporting behavior across three different cases (e.g., settings). Results show that the existence of an anonymous channel does reduce the likelihood of reporting to non-anonymous channels, that generally the internal audit department quality does not affect reporting to non-anonymous channels, and that case-setting affects the type of channel to be used. Implications from the study are discussed. (shrink)

Stereotypes shape inferences in philosophical thought, political discourse, and everyday life. These inferences are routinely made when thinkers engage in language comprehension or production: We make them whenever we hear, read, or formulate stories, reports, philosophical case-descriptions, or premises of arguments – on virtually any topic. These inferences are largely automatic: largely unconscious, non-intentional, and effortless. Accordingly, they shape our thought in ways we can properly understand only by complementing traditional forms of philosophical analysis with experimental methods from psycholinguistics. This (...) paper seeks, first, to bring out the wider philosophical relevance of stereotypical inference, well beyond familiar topics like gender and race. Second, we wish to provide philosophers with a toolkit to experimentally study these ubiquitous inferences and what intuitions they may generate. This paper explains what stereotypes are, and why they matter to current and traditional concerns in philosophy – experimental, analytic, and applied. It then assembles a psycholinguistic toolkit and demonstrates through two studies how potentially questionnaire-based measures can be combined with process measures to garner evidence for specific stereotypical inferences and study when they ‘go through’ and influence our thinking. (shrink)

As nursing professionals, we believe access to healthcare is fundamental to health and that it is a determinant of health. Therefore, evidence suggesting access to healthcare is problematic for many Indigenous peoples is concerning. While biomedical perspectives underlie our current understanding of access, considering alternate perspectives could expand our awareness of and ability to address this issue. In this paper, we critique how access to healthcare is understood through a biomedical lens, how a postcolonial theoretical lens can extend that understanding, (...) and the subsequent implications this alternative view raises for the nursing profession. Drawing on peer‐reviewed published and gray literature concerning healthcare access and Indigenous peoples to inform this critique, we focus on the underlying theoretical lens shaping our current understanding of access. A postcolonial analysis provides a way of understanding healthcare as a social space and social relationship, presenting a unique perspective on access to healthcare. The novelty of this finding is of particular importance for the profession of nursing, as we are well situated to influence these social aspects, improving access to healthcare services broadly, and among Indigenous peoples specifically. (shrink)

This paper provides new tools for philosophical argument analysis and fresh empirical foundations for ‘critical’ ordinary language philosophy. Language comprehension routinely involves stereotypical inferences with contextual defeaters. J.L. Austin’s Sense and Sensibilia first mooted the idea that contextually inappropriate stereotypical inferences from verbal case-descriptions drive some philosophical paradoxes; these engender philosophical problems that can be resolved by exposing the underlying fallacies. We build on psycholinguistic research on salience effects to explain when and why even perfectly competent speakers cannot help making (...) stereotypical inferences which are contextually inappropriate. We analyse a classical paradox about perception, suggest it relies on contextually inappropriate stereotypical inferences from appearance-verbs, and show that the conditions we identified as leading to contextually inappropriate stereotypical inferences are met in formulations of the paradox. Three experiments use a forced-choice plausibility-ranking task to document the predicted inappropriate inferences, in English, German, and Japanese. The cross-linguistic study allows us to assess the wider relevance of the proposed analysis. Our findings open up new perspectives for ‘evidential’ experimental philosophy. (shrink)

A research forum published in Business & Society in 1995 (Issue 2) analyzed whether Fortune magazine's annual Reputation Survey (FRS) is viable as a corporate social performance (CSP) research database. We examine plausible alternative interpretations for a number of assertions and conclusions by the forum authors, including the premise for Brown and Perry's proposed transformation: that the Fortune data are confounded by the presence of a financial "halo," which biases ratings of nonfinancial attributes. Finally, we examine the appropriate roles of (...) the two primary corporate rating systems in the context of CSP. (shrink)

Many philosophical thought experiments and arguments involve unusual cases. We present empirical reasons to doubt the reliability of intuitive judgments and conclusions about such cases. Inferences and intuitions prompted by verbal case descriptions are influenced by routine comprehension processes which invoke stereotypes. We build on psycholinguistic findings to determine conditions under which the stereotype associated with the most salient sense of a word predictably supports inappropriate inferences from descriptions of unusual (stereotype-divergent) cases. We conduct an experiment that combines plausibility ratings (...) with pupillometry to document this “salience bias.” We find that under certain conditions, competent speakers automatically make stereotypical inferences they know to be inappropriate. (shrink)

This paper pioneers the use of methods and findings from psycholinguistics in experimental philosophy’s ‘sources project’. On this basis, it clarifies the epistemological relevance of empirical findings about intuitions – a key methodological challenge to experimental philosophy. The sources project (aka ‘cognitive epistemology of intuitions’) seeks to develop psychological explanations of philosophically relevant intuitions, which help us assess their evidentiary value. One approach seeks explanations which trace relevant intuitions back to automatic cognitive processes that are generally reliable but predictably generate (...) cognitive illusions under specific vitiating circumstances. The paper develops and experimentally tests such an explanation for intuitions at the root of a historically influential paradox about perception (‘argument from illusion’). The explanation traces these intuitions to stereotype-driven amplification, an automatic process routinely involved in language comprehension (e.g., understanding philosophical case-descriptions). Distributional semantics analysis and a forced-choice plausibility ranking task are employed to establish the relevant verb-associated stereotypes. The paper argues that the inferences facilitated by these stereotypes are generally reliable, but shows that vitiating circumstances obtain in the formulation of the targeted paradox. On this basis, the paper explores two complementary strategies for assessing the evidentiary value of intuitive judgments. (shrink)

Though antiretroviral therapy is the standard of care for people living with HIV, its treatment limitations, burdens, stigma and costs lead to continued interest in HIV cure research. Early-phase cure trials, particularly those that include analytic treatment interruption, involve uncertain and potentially high risk, with minimal chance of clinical benefit. Some question whether such trials should be offered, given the risk/benefit imbalance, and whether those who choose to participate are acting rationally. We address these questions through a longitudinal decision-making study (...) nested in a Thai acute HIV research cohort. In-depth interviews revealed central themes about decisions to join. Participants felt they possessed an important identity as members of the acute cohort, viewing their bodies as uniquely suited to both testing and potentially benefiting from HIV cure approaches. While acknowledging risks of ATI, most perceived they were given an opportunity to interrupt treatment, to test their own bodies and increase normalcy in a safe, highly monitored circumstance. They were motivated by potential benefits to themselves, the investigators and larger acute cohort, and others with HIV. They believed their own trial experiences and being able to give back to the community were sufficient to offset participation risks. These decisions were driven by the specific circumstances experienced by our participants. Judging risk/benefit ratios without appreciating these lived experiences can lead to false determinations of irrational decision- making. While this does not minimise vital oversight considerations about risk reduction and protection from harm, it argues for inclusion of a more participant-centered approach. (shrink)

Psycholinguistic methods hold great promise for experimental philosophy. Many philosophical thought experiments and arguments proceed from verbal descriptions of possible cases. Many relevant intuitions and conclusions are driven by spontaneous inferences about what else must also be true in the cases described. Such inferences are continually made in language comprehension and production. This chapter explains how methods from psycholinguistics can be employed to study such routine automatic inferences, with a view to assessing intuitions and reconstructing arguments. We demonstrate how plausibility (...) ratings, pupillometry, and reading time measurements can be used to examine hypotheses about automatic inferences in speech and text comprehension. Two experiments on inferences from polysemous (perception-)verbs provide evidence of a potentially consequential ‘salience bias’. Findings help assess intuitions about unusual cases and analyse a philosophical paradox (‘argument from hallucination’). The paper thus illustrates how we can adapt psycholinguistic methods for philosophical purposes and demonstrates the methods’ philosophical usefulness. (shrink)

Sustainable products are engineered to reduce environmental, ecological, and human costs of consumption. Not all consumers value sustainable products, however, and this poses negative societal implications. Using self-expansion theory as a guide, we explore how an individual’s general sense of belonging—or the perception that one is accepted and valued by others in the broader social world—alters their responses to sustainable products. Five experimental studies and a field study demonstrate that individuals lower in belonging respond less favorably to sustainable products in (...) terms of evaluations and willingness to pay than individuals higher in belonging. Process evidence shows that the extent to which individuals low in belonging perceive that collective, sustainable choices will impact them personally drives this result and that belonging does not impact responses to conventional (i.e., non-sustainable) products. However, perceiving a shared human experience—or that individuals share some important, basic similarities with all people—attenuates the negative effect of low belonging on responses to sustainable products for consumers both low and high in belonging. This research has significant implications for businesses and society given the growing sense of disconnect in modern society. (shrink)

Content: Sprache, Recht und Rechtsverbindlichkeit: R. Fukawa: An Analysis of the aeRules of Recognition Statement' u W. Krawietz: What does it mean to follow an aeInstitutionalised Legal Rule'? u N. MacCormick: Citizens' Legal Reasoning and its Importance for Jurisprudence u Y. Morigiwa: Hart's Theories of Language and Law u R.Tuomela: Supervenience, Collective Action, and Kelsen's Organ Theory uRecht und politische Kultur: G. Haney: Recht als Form von Kultur u A. Kojder: Dysfunctionalities of Legal Cultur u A. Lopatka: Law and Religion (...) in Poland u M. Samu: Culture and Law: Legal Culture uWerteordnung als ideologische Basis des Rechtsstaats: R. Dreier: Konstitutionalismus und Legalismus u O. Maenpaa: Unilaterality and Consensualism in the Application of Law u K.-F. Lenz: Zivilprozea und Spiel u M. Pavcnik: Ideologie der Rechtsanwendung versus argumentierte Rechtsentscheidung u J. Uusitalo: Legal Dogmatics, Epistemology, Radical Hermeneutics u Entwicklung der Rechtsordnung und soziale Gerechtigkeit: V. Luizzi: Legal Validity and Justice u H. Rottleuthner: Recht und Technik in entwicklungstheor. Perspektive u S. Panou: Uber die aeGerechtigkeit' des Rechts u A. Squella: Legal Positivism and Democracy in the 20. Century u D. Wyduckel: Konsens und gesellschaftlich-technischer Fortschritt u Soziale Mechanismen der Rechtsanwendung und Rechtsfindung: H. Aoi: Richterliche Rechtsfindung als Pattern-Matching-Prozea uu.a. (Franz Steiner 1991). (shrink)

Health equity is a global concern. Although health equity extends far beyond the equitable distribution of healthcare, equitable access to healthcare is essential to the achievement of health equity. In Canada, Indigenous Peoples experience inequities in health and healthcare access. Cultural safety and trauma‐ and violence‐informed care have been proposed as models of care to improve healthcare access, yet practitioners lack guidance on how to implement these models. In this paper, we build upon an existing framework of equity‐oriented care for (...) primary healthcare settings by proposing strategies to guide nurses in operationalizing cultural safety and trauma‐ and violence‐informed care into nursing practice at the individual level. This component is one strategy to redress inequitable access to care among Indigenous Peoples in Canada. We conceptualize barriers to accessing healthcare as intrapersonal, interpersonal, and structural. We then define three domains for nursing action: practicing reflexivity, prioritizing relationships, and considering the context. We have applied this expanded framework within the context of Indigenous Peoples in Canada as a way of illustrating specific concepts and focusing our argument; however, this framework is relevant to other groups experiencing marginalizing conditions and inequitable access to healthcare, and thus is applicable to many areas of nursing practice. (shrink)