Abstract:During recent years, the principle and practice of employment-at-will have been under attack. While progress has been made in eroding the practice, the principle still governs the philosophical assumptions underlying employment practices in the United States, and, indeed, EAW has been promulgated as one of the ways to address economic ills in other countries. This paper will briefly review the major critiques of EAW. Given the failure of these arguments to erode the underpinnings of EAW, we (...) shall suggest new avenues for approaching employment issues to achieve the desirable goal of employee dignity and respect. (shrink)

There is an ongoing debate over the ethical status of policies that give an employer the right to discharge an employee without a good reason or notice (i.e., employment at-will policies). This article moves beyond the question of whether the adoption of such a policy is unethical per se under all circumstances, focusing instead on the following question: Assuming that an at-will policy is not unethical per se in all circumstances, what are the ethical issues associated with (...) an employer's implementation and maintenance of an employment at-will policy, and how can these issues be addressed? Three primary ethical concerns are identified and discussed, and specific propositions regarding employers' obligations are presented. The article concludes by offering practical guidance intended to assist at-will employers in meeting the identified ethical obligations. (shrink)

Dismissal is a major issue for distributive justice at work, because it normally has a drastic impact on an employee’s livelihood, self-esteem and future career. This article examines distributive justice under the US’s employment-at-will (EAW) system and New Zealand’s just-cause dismissal system, focusing on the three main categories of dismissal, namely misconduct, poor performance and redundancy. Under EAW, employees have limited protection from dismissal and remedies are restricted to just a few so-called exceptions. Comparatively, New Zealand’s just-cause system (...) delivers much more just outcomes, both in terms of remedies and punishments. Despite a few shortcomings, it should be considered as a reasonable reference for policy changes in the US. (shrink)

The principle of employment-at-will (EAW) holds that in the absence of an explicit agreement of contractually binding terms of employment, the employment relationship exists so long as both parties will it to continue. In practice, this means that the employer may terminate the employment relationship at any time, for any reason, thus giving rise to cases of wrongful termination. Just cause policies, on the other hand, require that employers follow both substantive and procedural due (...) process in terminating a person’s employment. Most institutions of higher education, public and private, at least implicitly accept the principle of EAW and carry it out in practice. I argue that because of their heritage of Catholic social thought, Catholic universities are obligated to replace the principle and practice of EAW with a just cause policy. I also point out that the very principles underlying Catholic social thought that lead to a rejection of EAW are principles that any highly educated person of good will should accept. (shrink)

Employment-at-will (EAW) is the legal presumption that employers and employees may terminate an employment relationship for any or no reason. Defenders of EAW have argued that it promotes autonomy and efficiency. Critics have argued that it allows for the domination, subordination, and arbitrary treatment of employees. We intervene in this debate by arguing that the case for EAW is contextual in a way that existing business ethics scholarship has not considered. In particular, we argue that the justifiability (...) of EAW for a given jurisdiction depends on existing complementarities among the institutions that constitute the jurisdiction’s political economy. Notably, our view takes seriously the ethical concerns EAW critics have raised by showing how these concerns can be mitigated through public policy measures that do not require eliminating EAW. (shrink)

This study analyzes the at-will employment doctrine using a tool that encompasses the complementarity of results-based utilitarian ethics, rule-based duty ethics, and virtue-based character ethics. The paper begins with a discussion of the importance of the problem followed by its evolution and current status. After describing the method of analysis, the central section evaluates the employment at-will doctrine, and is informed by Lord Acton's dictum, "power tends to corrupt, and absolute power corrupts absolutely." The conclusion explores (...) the implications of the findings. (shrink)

이 논문은 회사에서 고용인에 대한 승진이나 강등, 심지어 해고까지 고용주 임의대로 해도 된다는 전통적 사고방식, 즉 임의 고용 신념의 윤리적 문제점을 지적한다. 각국에서 법정 공방이 계속 이어지는 가운데, 미국에서는 공공 분야의 경영 효율성 등을 이유로 임 의 고용이 다시 확산되는 추세에 있으며, 개발도상국이나 저개발국 같은 법률적 구조가 취 약한 나라에서는 어떤 판결이 이루어지는가와 상관없이 곳곳에서 무단 해고가 성행하고 있다. 임의 고용을 부정적으로 인식하는 우리나라 역시 관련 법령의 명시적 규정에도 불구 하고 여러 중소기업이나 개인회사에서는 암암리 구두 고용 계약 체결이나 그에 따른 (...) 고용 주 마음 내키는 대로 해고를 여전히 파행적으로 행사하고 있다. 고용주의 임의적 처사 가운데 가장 문제시되는 고용주의 무제약적 해고권까지도 용납 된다고 주장하는 이들은 법률적 맥락과 무관하게 몇 가지 근거를 들어 임의 고용을 옹호하 고 있다. 고용주의 해고권 강화를 옹호하는 이들의 주된 논증으로는 ① 고용주와 고용인이 상호 계약의 자유에 기초를 둔 만큼 두 당사자 간 어느 한쪽이 계약을 임의로 파기해도 괜 찮다는 상호성 논증, ② 고용인도 고용주의 여러 소유 가운데 일부로 보고 고용주 개인 소 유권의 외연 확장을 피력하는 소유권 논증, ③ 결과론적 관점에서 임의 고용에 의해 회사 내 업무 효율성이 더욱 강화될 수 있다고 역설하는 효율성 논증이 있다. 이 논문은 부적절한 해고와 관련하여 고용인이 고용주에게 대항할 권리를 가질 수 있다 는 점에 목표로 두고, 그 반대로 먼저 아무런 이유 없이 혹은 심지어 부당한 이유를 들어 서라도 고용인을 임의로 해고해도 괜찮다는 논의들을 집중 검토하고 있다. 이에 따라 이 논문은 그런 세 가지 논증들을 비판적으로 음미하는 일에 많은 부분을 할애하면서, 이에 대해 각각 응수하는 방식으로 임의 고용의 윤리적 문제점을 드러내고 있다. 이를 통해 이 논문은 결국 ‘이유 없이 해고당하지 않을 권리’ 개념 형성을 시도하면서 절차적 정당성 확보의 중요성에 대한 논의를 전개하고 있다. 그리고 이런 논의는 무단 해고로부터 자유로울 권리가 고용인에게 있음을 주장하면서, 고용주의 무제약적 해고권이 제한되면 대신 남은 그 여분의 자리에는 정당한 절차에 대한 고용인의 권리가 채워질 수 있다는 방식으로 이루 어지고 있다. (shrink)

Algorithmic decision-making based on profiling may significantly affect people’s destinies. As a rule, however, explanations for such decisions are lacking. What are the chances for a “right to explanation” to be realized soon? After an exploration of the regulatory efforts that are currently pushing for such a right it is concluded that, at the moment, the GDPR stands out as the main force to be reckoned with. In cases of profiling, data subjects are granted the right to receive meaningful information (...) about the functionality of the system in use; for fully automated profiling decisions even an explanation has to be given. However, the trade secrets and intellectual property rights (IPRs) involved must be respected as well. These conflicting rights must be balanced against each other; what will be the outcome? Looking back to 1995, when a similar kind of balancing had been decreed in Europe concerning the right of access (DPD), Wachter et al. (2017) find that according to judicial opinion only generalities of the algorithm had to be disclosed, not specific details. This hardly augurs well for a future right of access let alone to explanation. Thereupon the landscape of IPRs for machine learning (ML) is analysed. Spurred by new USPTO guidelines that clarify when inventions are eligible to be patented, the number of patent applications in the US related to ML in general, and to “predictive analytics” in particular, has soared since 2010—and Europe has followed. I conjecture that in such a climate of intensified protection of intellectual property, companies may legitimately claim that the more their application combines several ML assets that, in addition, are useful in multiple sectors, the more value is at stake when confronted with a call for explanation by data subjects. Consequently, the right to explanation may be severely crippled. (shrink)

This study examines the ethical position and behaviour of multinational mining companies regarding hazardous employment and health and safety of employees in the South African mining industry. Mining companies have long had a reputation for being unethical on health and safety issues. Too often there are occurrences of fatal accidents, which bring the ethical behaviour of multinational mining companies into question. The litmus test for the mining companies is to devise benchmark standards that will reduce accidents tremendously at (...) their place of operations. This study addresses this issue by examining measures and regulations set up to check the occurrences of mining accidents in South Africa. It follows that the remedy needs to be fundamental and thoroughgoing. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Shape of Ancient ThoughtWill S. RasmussenThe Shape of Ancient Thought. By Thomas McEvilley. New York: Allworth Press, 2002. Pp. xxxvi + 732. $35.00.The Shape of Ancient Thought, Thomas McEvilley's magnum opus of over thirty years' preparation, draws together an encyclopedic array of texts and archaeological evidence from Greece and India, which he employs in clearly written arguments toward an answer to a volatile question: just how indebted (...) to each other are India and Greece for their philosophical ideas and techniques? The subject is volatile in that it often arouses the rancor of challenged claims to intellectual property or cultural superiority, and the author shows admirable sensitivity by arguing to his conclusions in a way that explicitly eschews the lesser motives of rivalry and self-aggrandizement; instead he promotes the appreciation of a passion and genius for philosophy that is shared equally in the East and the West. McEvilley has collected for his purposes a treasury of key passages from Greek and Indian philosophy, and this review will seek to give some idea of the vast scope of his work and to assess its contribution to our understanding of philosophy.In his Foreword McEvilley says that his book will challenge a dichotomy, which prevails in Western thinking, that divides the ancient world of thought into Greek and non-Greek. Greek thought is characterized as that which is rational, and non Greek thought as that which is irrational, antirational, or at least nonrational. He faults E. R. Dodds' The Greek and the Irrational for supporting this dichotomy, by which Orphism and even certain elements of Plato become assigned, solely by virtue of their nonrational character, to Oriental provenance. He condemns as "deeply and glaringly false" W.K.C. Guthrie's History of Greek Philosophy for disparaging the comparison of Indian and Greek philosophy on the grounds that their motives, methods, and background of thought are so utterly different. In such a spirit he undertakes to prove by argumentation and a "sea of evidence" the invalidity of so brusque a dismissal of Indian philosophy.The rest of the Foreword explores how the post-Enlightenment "Oriental Renaissance," that is, the discovery by nineteenth-century Europe of India as "the primal [End Page 182] font of wisdom," aroused troubling questions about racial and cultural superiority. McEvilley traces claims and counterclaims made by philologists, historians, philosophers, and art historians who asserted the hierarchical status of India relative to classical Greece as the source of Western culture. He shows how attitudes toward colonialism in India from the eighteenth century up to the present day have further fueled the politicization of scholarship about India. The scope of this controversy ranges from the view that in the second millennium B.C.E. white invaders called Aryans brought into India both Sanskrit and all that is of any cultural value there, to the view that the hypothesis of an Aryan invasion is a racist myth, that there was virtually no foreign intervention in Indian history, and that India was the origin of all the world's civilizations. He commends the attempts since World War II to approach afresh the question of intercultural influence between East and West, including the founding of Philosophy East and West in 1951, and he declares his own view, which forms the main thesis of the book, namely that there were "significant intrusions first from India to Greece in the pre-Socratic period, and then from Greece back to India in the Hellenistic period" (p. xxxi).In chapter 1 McEvilley presents archaeological evidence from as early as the middle of the third millennium B.C.E. of trade between the Near East and India, and between the Near East and Greece. He argues for "full East-West transport of goods" through the intermediary of the Near East around 1500 to 1300 B.C.E. (p. 4). He argues that by the seventh century B.C.E. the activity of Phoenician merchants and the Persian conquests eastward and westward facilitated the transmission of ideas between the Near East and Greece via the "diffusion channels" of merchants, artisans, mercenaries, philosophers, physicians, and seers. He argues for similar diffusion channels between the... (shrink)

In 1987, Machan provided a libertarian case against the right to occupational safety. Since before Machan’s essay appeared, many business ethicists and legal scholars have given considerable attention to the overall position Machan endorses: the acceptance of employment at will and the rejection of employee rights. No one yet has given adequate attention, however, to the fact that Machan’s argument against the right to occupational safety actually stands or falls independently of his overall position on employee rights. His (...) argument ultimately rests on two values: the promotion of employee interests and anti-paternalism. Insofar as those who support the right to occupational safety share those values, they must find a strategy for opposing Machan’s argument that preserves those values. In this paper, I demonstrate why Machan’s argument ultimately rests on the promotion of employee interests and anti-paternalism. Then, I develop an objection to Machan’s argument that preserves those values. (shrink)

This work systematically explicates and defends four key claims in Kant's moral philosophy: The human will is some form of practical reason. The supreme criterion for determining the morality of our choices is provided by an a priori moral law. We find this law to be a source of felt value; it commands unqualified respect. We must suppose the human will is free. ;Traditionally, Kant has been read as holding that these claims imply that the responsible moral agent (...) is a noumenon whose will is a pure practical reason structured completely a priori by the moral law. I show that this position must be rejected on philosophical grounds because it implies that the agent is not free, has an impotent and vacuous will, and is neither obligated nor capable of acting out of a sense of respect for the moral law. ;I argue an alternative reading of Kant is textually sound and philosophically superior. This alternative view, which is explicated and defended in detail, holds that: The human will is empirical practical reason. The moral law is an a priori structure which is always applied a posteriori. It is not constitutive but regulative. The feeling of respect is an intuition of the formal pattern of the subjective time order which results insofar as the a priori structure of empirical practical reason directs or commands the movement of our attention. The responsible moral agent is neither a phenomenal object or a noumenal object but rather a subject, a being of a third and distinct ontological kind. ;In working out such an interpretation, I also reconstruct Kant's account of the relations between the faculties of imagination, understanding, reason, and will, holding them to be simply alternative employments of a single, underlying power of synthesis. I also recharacterize the fundamental project of Kant's critical enterprise in order to locate his moral philosophy within it, arguing that his central concern is with how judgment is possible. (shrink)

When an employee’s off-duty conduct generates mass social media outrage, managers commonly respond by firing the employee. This, I argue, can be a mistake. The thesis I defend is the following: the fact that a firing would occur in a mass social media outrage context brought about by the employee’s off-duty conduct generates a strong ethical reason weighing against the act. In particular, it contributes to the firing constituting an inappropriate act of blame. Scholars who caution against firing an employee (...) for off-duty conduct have thus far focused primarily on due process related issues or legal concerns pertaining to free speech, lifestyle discrimination, and employment at-will. However, these concerns amount to only a partial, and contingent, diagnosis of what is at issue. I argue that even when due process considerations are met, firings in these contexts can be unjustified. Moreover, even if a business is not concerned with the unethical conduct per se, but is rather strictly concerned with PR, the argument I advance nevertheless provides one important ethical reason that counts against firings in mass social media outrage contexts. Given that managers are often under significant pressure to respond swiftly in cases where an employee is at the center of mass social media outrage, it is especially important that scholars begin to clarify the normative issues. This article builds on the burgeoning philosophical literature on the ethics of blame and provides a novel account of a distinctive ethical concern that arises with firings in mass social media outrage contexts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Will to Power in Nietzsche’s Published Works and the NachlassLinda L. WilliamsIt is universally acknowledged by scholars of Nietzsche’s work that will to power is one of the most important notions in Nietzsche’s writings, but strangely, like the other “central” notions of eternal recurrence and the Übermensch, there are relatively few aphorisms in either the published or unpublished material that include the term. In the case of (...) will to power, however, Nietzsche promises in a footnote in On the Genealogy of Morals to discuss and explore the notion of will to power in a book entitled The Will to Power. 1 Giorgio Colli and Mazzino Montinari, among others, have argued persuasively that Nietzsche abandoned this project. 2 Nevertheless, the phrase “will to power” remains the most notorious feature of Nietzsche’s philosophy, probably due to its unfortunate and mistaken connections with the Third Reich. As Walter Kaufmann notes, the notion of will to power did not “spring fully formed from Nietzsche’s brow like Pallas Athena.” 3 This was an idea that evolved over time. This paper examines both the published and his unpublished writings (the Nachlass) to gain a better understanding of how this important phrase developed.The Nachlass can be divided roughly into three different kinds of work. 4 The first kind is comprised of the works Nietzsche was editing right before his collapse. These works are Ecce Homo, Nietzsche Contra Wagner, and The Antichrist, and they were so polished that we can safely take them as [End Page 447] equal in status to the works that Nietzsche had already published or, like Twilight of the Idols, were being published at the time of his collapse. The second kind are Nietzsche’s early, finished pieces that were never published, the so-called Schriften, primarily his lectures and writings while he was employed at Basel. These pieces are presumably complete and polished, although Nietzsche chose not to publish them, but they do not affect this inquiry, since will to power was a relatively late concept for Nietzsche.The third kind of work consists of Nietzsche’s notes, which vary from sentence fragments or single sentences to sketchy outlines of various projects to several long paragraphs in essay form. Nietzsche’s notebooks looked like anyone’s notebook, with passages lined out, words jotted in the margins, and overwriting. Some of the entries in the Nachlass can be found with only minor revisions in the books Nietzsche had published, and since he painstakingly recopied his books in his neatest handwriting right before he sent them to his editor, these strikingly similar entries are most probably the penultimate copy drafts of the published aphorisms.The writings that did not find their way into publication in any form are problematic. Are they rough drafts of some future work which Nietzsche was unable to complete due to his illness? If so, some of these controversial notes would have been waiting for years. Are they ideas that Nietzsche entertained but ultimately rejected? If so, we should not place them on par with the ideas in his published works. Even if we consider these notes rough drafts of future works, it remains unclear whether we should consider what is written in these notes to be as indicative of what Nietzsche thought as the works he authorized for publication. Sometimes what is written in the unpublished notes on a particular topic is very different from what is written on that topic in the published works. Bernd Magnus made this kind of case against the Nachlass notes concerning eternal recurrence, 5 and I want to make a similar claim about the notes concerning will to power. Reviewing the Nachlass notes in conjunction with the published aphorisms will give us a better understanding of how the published and unpublished notes differ.The term “will to power” (Wille zur Macht) first appeared in publication in Thus Spoke Zarathustra. 6 In the aphorism “On 1001 Goals” Nietzsche describes a people’s tablets of good and bad as the voice of its will to power. Wille zur Macht appears in only two more aphorisms in the course of this long work, in “On Self-Overcoming” and in... (shrink)

In the present context of aging populations, the question of how to support older workers who want to stay in employment longer is of particular importance, especially from a social justice perspective with regards to income. The challenges faced by organizations and governments are unprecedented. Interesting conclusions can be drawn from our research with regard to these challenges. First of all, the perception of retirement appears more or less unchanged over the years and remains very positive. Consequently, one of (...) the barriers to the employment of older workers may be the image of retirement itself, since it is still perceived as a gift or a right. Secondly, our results confirm that forcing people to stay longer in the labour market is a largely unpopular measure. Consequently, if public retirement plans offer limited income, governments and organizations should adopt a more voluntary approach to encourage older workers to stay in employment longer for a better income. Our results highlight the importance of the sector and type of job in the measures or incentives that could encourage older workers to stay in employment longer. Consequently, governments and organizations will probably have to adopt a contingent approach; i.e., all incentives do not necessarily fit all jobs or all sectors and social justice would require this be taken into account. We identified three sets of measures that could encourage older workers to stay in employment longer, and thus have access to better economic security: the reduction of working time, the flexibility of working time, and the individualization of retirement options and working time. The progressive reduction of their working time appears most interesting to our respondents. These measures appear to favour social justice in terms of income and right to employment at the end of active careers. (shrink)

This Article argues that the duty of good faith in contractual performance offers powerful but neglected resources to empower workers to pursue their legitimate interests and resist mistreatment by employers. The duty of good faith creates a joint authority structure within contractual relationships, vesting co-contractors with equal and joint authority over the meaning, purposes, and, hence, the requirements of their contract. Implementing such an authority structure requires ensuring that the parties to a contract have the communicative space and epistemic resources (...) they need to uncover and develop a common understanding of their contract. In the context of employment, such an authority structure would be transformative. It would require legal recognition of a variety of employee speech rights and protection from termination for reasonable and good faith refusals to perform work, and would offer a legal basis to challenge the scope and enforceability of at-will employment clauses. The duty of good faith could thus supply a common law foundation for rights and obligations commonly associated with labor law. (shrink)

Despite government policy and initiatives for remote areas, indigenous people are amongst the most disadvantaged and do exhibit higher levels of unemployment in the Australian community. A number of commentators have suggested that better educational opportunities for this minority group will considerably improve their socio-economic status and employment opportunities. This myth is exposed in this article, which reports evidence from an educational–vocational programme for Yolngu who are the indigenous people of East Arnhem Land in the Northern Territory of (...) Australia. The Arnhem Learning Education and Regional Training (ALERT) programme is conducted, mainly at Nhunlunbuy, in partnership with Rio Tinto Alcan and the Charles Darwin University, with the primary objective of preparing indigenous people for mainstream sustainable jobs. The presented content suggests that while higher educational status is important, this sole strategy is unlikely to comprehensively address outstanding issues that are confronting indigenous people and their labour market concerns. (shrink)

“The Will to Believe” defines the religious question as forced, living and momentous, but even in this article James asserts that more objective factors are involved. The competing religious hypotheses must both be equally coherent and correspond to experimental data to an equal degree. Otherwise the option is not a live one. “If I say to you ‘Be a theosophist or be a Mohammedan’, it is probably a dead option, because for you neither hypothesis is likely to be alive.” (...) James, WB, p. 3. Analogously, in A Pluralistic Universe James is at pains to convince the reader that his own religious hypothesis is just as “objective,” makes just as much sense, etc. as alternative possibilities: the “only thing I emphatically insist upon is that it [pluralistic pantheism] is a fully coordinate hypothesis with monism. This world may, in the last resort, be a block universe; but on the other hand, it may be a universe only strung along, not rounded in and closed. Reality may exist distributively just as it sensibly seems to, after all. On that possibility I do insist.”William James, A Pluralistic Universe (New York: Longmans, Green, and Co., 1909) p. 328.Here, once again, before the will to believe can be employed, the objective factors of competing hypotheses, their equal coherence and correspondence, must be brought out.When reconstructed, James' overall outlook has a “qausi Kuhnian” taint to it- though obvious differences remain. Much of what goes on in evaluating competing scientific hypotheses is either not forced, or not living, or not momentous, but rather “typical,” “dead,” and “avoidable,” in short very “normal.” But there are moments in the history of science where the decision between hypotheses might well be forced, living and momentous, and sometimes James comes close to recognizing this.Analogously, a good deal of what goes on in religion is not forced, not living or not momentous - in short it is all too “normal”. In The Varieties of Religious Experience for example, James proposes to ignore the institutional branch of the religious domain and to concentrate on personal and psychological factors, his reason being that the institutional aspect concentrates on the routine, the normal. “Worship and sacrifice, procedures for working on the dispositions of the deity, theology and ceremony and ecclesiastical organization, are the essentials of religion in the institutional branch. Were we to limit our view to it, we should have to define religion as an external art, the art of winning the favor of the gods.” James, VRE, p. 29. and again “The word ‘religion,’ as ordinarily used, is equivocal. A survey of history shows us that, as a rule, religious geniuses attract disciples, and produce groups of sympathizers. When these groups get strong enough to ‘organize’ themselves, they become ecclesiastical institutions with corporate ambitions of their own. The spirit of politics and the lust of dogmatic rule are then apt to enter and to contaminate the originally innocent thing; so that when we hear the word ‘religion’ nowadays, we think inevitably of some ‘church’ or other.” Clearly here religion has a normal, i.e. trivial side, just as does science. On the other hand, there are revolutionary moments in religion, such as that of choosing between theism and materialism in Pragmatism, or choosing among theism, monistic pantheism and pluralistic pantheism in A Pluralistic Universe. Such moments involve the will to believe and are clearly more personal than their counterparts in the domain of normal institutionalized religion. Going further, there are no doubt differences of degree between the will to believe decisions in science and the will to believe decisions in religion. These have been explicated in more specific terms by Ian Barbour in his article, “Paradigms in Science and Religion.” ...each of the ‘subjective’ features of science... is more evident in the case of religion: (1) the influence of interpretation on data, (2) the resistance of comprehensive theories of falsification, and (3) the absence of rules for choice among paradigms. Each of the corresponding ‘objective’ features of science is less evident in the case of religion: (1) the presence of common data on which disputants can agree, (2) the cumulative effect of evidence for or against a theory, and (3) the existence of criteria which are not paradigm-dependent. It is clear that in all three respects religion is a more ‘subjective’ enterprise than science. But in each case there is a difference of degree - not an absolute contrast between an ‘objective’ science and a ‘subjective’ religion. Ian Barbour, “Paradigms in Science and Religion,” in Paradigms and Revolutions, edited by Gary Gutting (Notre Dame: University of Notre Dame Press, 1980) pp. 242–43. Barbour correctly notes that the “...choice is not between religion and science, but between theism, pantheism, and naturalism, let us say, as each is expressed in a particular historical tradition. No basic beliefs are capable of demonstrable proof.”Ibid., p. 243. James sometimes comes close to recognizing this but his oscillation on the status of the everyday world of common sense, or the perceptual world, causes him not to see the issue clearly. When the animated world of the perceptual is taken as the all inclusive ‘really real,’ science is viewed as an abstract, second class citizen. But James offers what we would consider a more sophisticated and adequate perspective when he views the world of common sense, having become linguistified, as itself suspicious, and consequently views all three tiers - common sense, scholastic philosophy, and science - as “regional ontologies”, or “language games” in Wittgenstein's terminologySee Ludwig Wittgenstein, Philosophical Investigations, translated by G.E.M. Anscombe (New York: The Macmillan Company, 1953), paragraph 7, paragraph 23. For the notion of “regional ontology” see Edmund Husserl, Ideas, translated by W.R. Boyce Gibson (New York: Collier Books, Macmillan Publishing Company, Inc., 1962) p. 57ff; p. 158ff. - and opposes all three to a more primordial or prereflexive level. When James takes this second approach it is easier to see that the basic distinction he began to make in “The Will to Believe” was between the scientific and religious domain where the will to believe was to be employed, and the domain of “ordinary” religion and science. Finally this position anticipates his ultimate metaphysical outlook, viz. “pure experience” as approachable through language on a series of diverse regional levels, but nonetheless not completely describable within language. It is important to recall that in The Varieties of Religious Experience James distinguishes between the science of religions and what he calls living religion: [T] he science of religions may not be an equivalent for living religion; and if we turn to the inner difficulties of such a science, we see that a point comes when she must drop the purely theoretic attitude, and either let her knots remain uncut, or have them cut by active faith. James, VRE, p. 489. The study of religion, in short is not the activity of religion; the latter is animated, personal, and, we would argue, necessitates a commitment in terms of the will to believe. Once again, however, James hesitates over offering the same two-fold delineation in other areas of science. On the one hand he tells the reader that “science-has ended by utterly repudiating the personal point of view.”Ibid., p. 491. On the other hand, he offers the following comment a few pages later on in a footnote: ...the divorce between scientist facts and religious facts may not necessarily be as eternal as it at first sight seems, nor the personalism and romanticism of the world, as they appeared to primitive thinking, be matters so irrevocably outgrown. The final opinion may, in short, in some manner now impossible to forsee, revert to the more personal style, just as any path of progress may follow a spiral rather than a straight line. If this were so, the rigorously impersonal view of science might one day appear as having been a temporarily useful eccentricity rather than the definitely triumphant position which the sectarian scientist at present so confidently announces it to be.Ibid., p. 501, Footnote. The burden of this paper has been to indicate that when James' two-fold outlook on perception and/or common sense is properly reconstructed, the raproachment between science and religion is not so “impossible to forsee.”. (shrink)

Joy of a certain kind has an important affective role in demonstrating the overcoming of nihilism for Nietzsche. In this chapter I explore how one might arrive at a point where they too can give voice to Zarathustra’s proclamation that “all joy wills eternity.” There are consistent references to eternity and infinitude in passages of Nietzsche’s discussing nihilism. This is most obviously borne out in Nietzsche scholarship with reference to discussions of eternal recurrence. But eternal recurrence does not have a (...) monopoly for denoting Nietzsche’s employment of the motifs of eternity and infinitude. Eternal recurrence and its affirmation, I argue, is only a kind of end point for a process of overcoming nihilism. -/- My concern here is the manner in which Nietzsche employs these motifs to track three different stages related to nihilism. The first stage demonstrates an affective response of initial disorientation, which aims to engender a realization by the “marketplace atheists” that humanity must undergo the phenomenon of nihilism. Th e second stage documents an active confrontation with this phenomenon, which in turn offers deeper, more terrifying yet also more positive consequences of this realization, ones proffering new forms of freedom. The third stage is the constructive use to which Nietzsche sets these motifs in the service of life-affirmation, of which eternal recurrence plays an integral part. I examine several important passages using these motifs in Nietzsche’s mature writings, particularly from The Gay Science and Thus Spoke Zarathustra, to claim that they inform a developmental process concerning the realization of nihilism and its overcoming. -/- I conclude by claiming that the motifs of eternity and infinitude’s employment at each of these three stages mirrors the substance of the “Three Metamorphoses of the Spirit” section in Thus Spoke Zarathustra. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:An Interdisciplinary Proposal for Employing Film to Release the Imaginations of Preservice TeachersHaroldo Abraam Fontaine (bio)IntroductionQuestions regarding the proper role of the arts in education have occupied many thinkers throughout the ages, no less than the likes of Plato and Rousseau. Like them, several have argued that paintings, for example, are mere re-presentations of and certainly not, to borrow a term from Kant, the "thing-in-itself." From a Platonic and (...) Rousseauian perspective, those who behold images and conclude that the "thing-in-itself" (on all occasions) and its rendition on canvas in sundry lines and colors are indistinguishable—indeed, they cannot be—would be led astray from the truth in pursuit of shadows, or worse still, would contribute to the moral collapse of the polis. Yet, that's what I propose in this essay. More precisely, I want to reject Plato's claim that art is imitation of what is. Like Parmenides before me, I argue that his heroic pursuit of the form of the Good depends on a set of unproven assumptions concealed in the cloak of an infinite regress. In the absence of such an unhypothetical first principle—and the cornerstone of the Republic—Plato's lofty fortress collapses, and we are left to our Sisyphean tasks, yet hopeful in the power of our imaginations to set us free to pursue our self-appointed ends. Indeed, imagination's province is the arts, now emancipated from mere imitation and free to lay claim to what is. To their company the twentieth century added the cinema, which soars from the Republic's rubble and steads the identity-constructing enterprise in a manner without historical precedent, thus becoming a legitimate object of rational analysis regarding the "reminiscences of the suffering and … complaints" of the downtrodden.1 For reasons I will discuss below, professors [End Page 58] of education should help preservice teachers to develop their skills and capacities to support such analysis, lest the latter's future students assimilate images uncritically at their peril.The Arts, UnleashedPlato's theory of Forms is arguably the lynchpin of his metaphysical vision. As I understand it, the Good is the fundamental (ethical) principle toward which all social activity points, including education. Given the ethical nature of the Good, education is necessarily character education, in which the student's rational moral personality, and hence his felicity, is fashioned accordingly. As such, a student's (and a city's) success depends on his or her rational insight into the true nature and scale of the Good—that is, s/he must be able to distinguish between the apparent and the real. At these extremes lie national dissolution on the one hand, and the nation's integrity on the other.At the pinnacle of Plato's city sit the philosopher-kings, who administer justice in conformity with the Good. Having transcended the supposed illusions of the physical world, they are said to commune with the Forms directly. The Good, Plato might say, is the Form in, of, and by which all other forms participate. Socrates's (or rather Plato's, or is it Socrates's, or is it Plato's …) method is "to set down some one particular form for each of the particular 'manys' to which we apply the same name,"2 for example, "tree." The form, or rather the universal, precedes and is the metaphysical pattern after which the "manys"—that is, the particulars—are fashioned. What, then, is it that the philosopher-kings commune with? What treeness, if you will, is it that the many trees participate in? Enter Parmenides' twofold objection.In his article on Plato in the 2004 edition of the Encyclopedia Britannica, Jonathan Barnes noted:(Plato's) doctrine of participation … does not really reconcile unity with plurality since it leads to a perpetual regress. It says that the many things that have a common predicate, or characteristic, participate in, or imitate, a single Form. But the Form itself also admits of a common predicate, and therefore a second Form must exist, participated in alike by the sensible things and the first Form, and so on, endlessly. Second, a graver difficulty is that the relations between... (shrink)

Double speak refers to two parallel devices that are often deployed together: simple repetition, which is frequently used as both emphasis and as an indicator of double speak, and ambiguous syntax such that the phrase uttered may have multiple meanings at once. This paper explores the use of double speak in early Ancient Greek poetic texts, beginning with Homer and tracing its use through the texts of Heraclitus, Parmenides, and Empedocles. Double speak seems to be employed in order to mediate (...) between mortal and divine, creating a double audience: a god or goddess is capable of speaking in two registers at once, so a mortal listening will infer one meaning, while from the perspective of the god or goddess speaking, the statement will have another meaning supplemental to the first. This paper demonstrates the manner in which these Presocratic thinkers employ double speak as a means of disrupting human binary habits of thinking and creating a “quantum awareness” where the subject is able to perceive the relationships and paradoxes that exist between the knower and the seeming objects of knowledge, as well as the habits of thinking and perceiving that nourish the repetition and growth of those patterns. (shrink)

An oversized reliance on big data-driven algorithmic decision-making systems, coupled with a lack of critical inquiry regarding such systems, combine to create the paradoxical “black box” at work. The “black box” simultaneously demands a higher level of transparency from the worker in regard to data collection, while shrouding the decision-making in secrecy, making employer decisions even more opaque to the worker. To access employment, the worker is commanded to divulge highly personal information, and when hired, must submit further still (...) to algorithmic processes of evaluations which will make authoritative claims as to the workers’ productivity. Furthermore, in and out of the workplace, the worker is governed by an invisible data-created leash deploying wearable technology to collect intimate worker data. At all stages, the worker is confronted with a lack of transparency, accountability, or explanation as to the inner workings or even the logic of the “black box” at work. This data revolution of the workplace is alarming for several reasons: the “black box at work” not only serves to conceal disparities in hiring, but could also allow for a level of “data-laundering” that beggars any notion of equal opportunity in employment and there exists, the danger of a “mission creep” attitude to data collection that allows for pervasive surveillance, contributing to the erosion of both the personhood and autonomy of workers. Thus, the “black box at work” not only enables worker domination in the workplace, it deprives the worker of Rawlsian justice. (shrink)

This book debates competing approaches to ethical decision-making for members of the armed forces of liberal-democratic states. In this volume, four prominent thinkers propose and debate competing approaches to ethical decision-making for military personnel. Deane-Peter Baker presents and expounds the 'Ethical Triangulation' model, an ethical decision-making method he has employed through much of his career as an applied military ethicist. Rufus Black advocates for a natural law-based approach, one which has heavily influenced the framework formally adopted by the Australian Defence (...) Force. Roger Herbert outlines the 'Moral Deliberation Roadmap', the moral reasoning framework recently adopted by the US Naval Academy. Iain King then sets out a model of quasi-utilitarian decision-making developed in several post-conflict settings and refined at the UK's Royal College of Defence Studies. After the opening chapters in which each author outlines their favoured decision-making approach, the four contributors then evaluate each other's proposals, often critically. Philosopher David Whetham offers some concluding thoughts in which he summarises areas of agreement between the authors, identifies key areas of difference, and suggests directions for future research. This book will be of great interest to students of military ethics, the ethics of war, moral philosophy, and International Relations, as well as military professionals. (shrink)

In recent years, phenomenologically informed philosophers, psychologists and psychiatrists have attempted to import philosophical notions associated with the self into the empirical study of pathological experience. In particular, so-called ipseity disturbances have been put forward as generative of symptoms of schizophrenia, and several attempts have been made to operationalize and measure kinds and degrees of ipseity disturbances in schizophrenia. However, we find that this work faces challenges caused by the fact that the notion of ipseity is used ambiguously, both in (...) the philosophical and in the empirical discussion, and the methods employed to operationalize ipseity often portray a rather different understanding of the notion from that found in the literature that is cited as providing the philosophical foundation for the studies in question. In particular, according to the definitions found in the philosophical literature, while being phenomenologically available, the self is not represented in ipseity. However, when it comes to the empirical study of ipseity and its disturbances, the object of investigation is often a kind of explicit self-representation. As a result, it is unclear whether different researchers are really talking about the same thing. Future progress in this area will require more careful conceptual distinctions; the present article aims to contribute to this task. (shrink)

The present work tackles the issue of the effects of digitalisation on employment. This issue has been attracting a growing interest, in particular because of the anxiety generated by the idea that digital technologies could cancel a large number of jobs. Although I agree with argument put forward in opposition to the existence of a causal link between technological innovation and increased productivity at the macroeconomic level, I believe that the novelty and pervasiveness of digital technologies require more in-depth (...) micro-level analysis in order to understand the extent to which new digital technologies are currently employed by leading manufacturing companies and the ways new technologies are affecting employment. The empirical findings show that among the different technologies included under the umbrella of Industry 4.0, mainly robots have received a great deal of attention so far, while the current application and employment impact for other emerging technological opportunities such as 3D printing, Internet of Things, Augmented reality, Big data Analytics have not been studied yet. In relation to the qualitative changes of the labour market, our empirical research confirms that there are new types of skills that will be demanded in the future in manufacturing, in particular in relation to service provision and software development. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 15.2 (2005) 199-210 [Access article in PDF] Conflict-of-Interest Policy at the National Institutes of Health: The Pendulum Swings Wildly* Evan G. DeRenzo **This article addresses the National Institutes of Health (NIH) employee conflict-of-interest (COI) policy that went into effect February 2005. It is not, however, merely an account of another poorly crafted government policy that cries out for revision. Instead, it is also a (...) story about one of our nation's most important and prestigious institutions and its struggles to navigate the crosscurrents of scientific aspirations, power politics, public ambivalence toward capitalist economics in the biosciences, and the media's inclination to exaggerate problems and under report complicated facts. It is also a tale of greed, politics, purgatory, and redemption. The dramatic and abrupt change in the NIH COI policy demonstrates the difficulty of balancing the production of cutting-edge science with the demands for transparency resulting from work performed in the public interest on the public tab. It is an unhappy chapter in the life of a government agency that is also a national treasure. And, one hopes, it will be an example of how harmful and ill-conceived law can be revised and amended to advance national health and well-being. What is the New NIH COI Policy? The new NIH COI employee policy, more accurately referred to as the Interim Final Rule (Federal Register 2005), is a sweeping set of prohibitions on activities and holdings to reduce the possibility that NIH employees will have any actual [End Page 199] or apparent conflicts of interest. For the most part, the prohibitions are applied across-the-board—i.e., without distinction to employee category or function. The new policy includes prohibitions on outside activities, stock holdings, and awards. It prohibits all NIH employees from engaging in any compensated or uncompensated employment, including consulting, serving on advisory or other such boards, and compensated teaching, speaking, writing, or editing with certain kinds of entities. The first class of such entities is referred to as substantially affected organizations, defined as biotechnology, pharmaceutical, medical device companies, and others with similar interests. But these are not the only entities included in the prohibitions. Other organizations from which NIH employees now are cut off are hospitals, clinics, and other health care institutions; health, science, or health research-related professional associations and consumer and advocacy groups. Included also are educational institutions and not-for-profit independent research institutes that are, or were, recent NIH funding applicants, grantees, contractors, or cooperative research and development agreement (CRADA) partners. The only exemptions appear to be for health care institutions at which NIH employees provide clinical care and some forms of writing—e.g., an NIH physician who moonlights at her/his local hospital's emergency room or submits a manuscript to a peer-reviewed journal that receives only unrestricted funding from a prohibited entity. Prohibited and/or restricted holdings include stock in biotechnology, pharmaceutical, and medical device companies and others in research, development, or manufacture of medical devices, equipment, preparations, treatments, or products. The prohibitions apply to senior NIH employees; restrictions in the amount of such holdings apply to all remaining employees. Both apply to the spouses and minor children of NIH employees. If an NIH employee wins an award, the monetary allowance in most cases is limited to $200. In sum, the scope of this policy is vast, too vast to be reasonable. Too many employees are restricted in too many ways. Where appropriate restrictions have been placed on senior NIH employees, even these constructive aspects of the policy are overshadowed by the unfairness and destructiveness of other aspects. This policy far exceeds anything that could be considered sound. Fortunately, the policy has a built-in assessment process to begin at the end of the policy's first year of implementation. One can only hope that a fair and open evaluation will be conducted, the results of which surely must result in major revisions to what is now bad regulation. Why the Policy... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Truth Will Set You Free, or How a Troubled Philosophical Theory May Help to Understand How People Talk About Their AddictionPatricia A. Ross (bio)Keywordsveridicality of narrative, contingency of theories, belief-behavior, causal connectionConsider the following proposition: If one were to recognize the unsatisfactory implications of maintaining a certain theoretical position, one would thereby be motivated to accept a more adequate theory, which would alter one's beliefs and, in (...) turn, alter the behaviors that are based upon those beliefs. Faith in this proposition is what motivates many of us to teach. But, alas...Allison Mitchell's argument for rethinking addiction intervention—in particular, rethinking twelve-step programs—is premised on this proposition. According to her argument, addicts function with an impoverished sense of self that is reflective of a grossly simplified form of philosophical materialism. By recognizing the limitations of this philosophically unconvincing view, and by, in effect, accepting a better, more complete materialism, addicts can come to modify their self-conception. This modification is instrumental to recovery.A careful consideration of the chain of events being proposed, and the problems with it, is helpful for understanding the limitations of her argument. There are four points that I consider in turn: (1) considering narratives can tell us something about the self-conception of addicts, (2) philosophical materialism can help us to understand and explain something about an addict's self-conception and how it is inadequate, (3) this sense of self is distinct from nonusers and the way in which it is distinct helps to understand the problem of addiction, and (4) a change in self-conception with respect to materialism helps recovery and, thus, our best intervention is one based on having addicts accept a full materialist theory of the self and not a pretheoretic one. [End Page 227]With respect to the first point, it should be noted that Mitchell's overall argument does not depend on whether or not it is true that narratives of addiction tell us something veridical about the self-conception of addicts. Such narratives may simply provide us with a potential theory—a possible worlds scenario—of how addicts conceive of themselves. Mitchell points this out herself. The narratives and the interpretation that she provides of these narrative, "are meant only to highlight a certain pattern of self-expression and conception that may in fact be common in persons who use mind-altering substances; the readings do not establish any empirical matters of fact or philosophical truths, nor do they prove any conclusions about how such persons (must) express themselves or conceive their nature" (Mitchell 2006, 214).Thus, what the argument is actually concerned with are the theoretical claims about the self-conception of addicts that are garnered from these narratives. Nevertheless, because the narratives provide the starting point for Mitchell's argument, it is worth thinking carefully about the epistemic status of this body of literature. In particular, could a consideration of such literature lead us astray in our endeavors to understand how addicts might misconceive of themselves and, if so, in what way? What sort of epistemic status does this information hold?Mitchell is motivated by Wittgensteinian analyses of the relationship between thought and language. The particular idea that she employs from Wittgenstein is that every act of self-expression, whether it is verbal or written narrative, reveals something about the conceptual framework with which the author is working. Thus, one can learn about the author of a narrative—one can acquire a sense of how that individual conceives of him- or herself—by looking at the language that is employed to talk about and describe him- or herself.Mitchell enumerates some problems with this approach. She mentions that the author may fail to make his or her intended sense clear to readers; that the reader's narrative expectations determine the interpretation given to the narrative; that literary narrative may be less direct, less ordinary than everyday uses of language; and that interpreting such narrative via philosophical framework may ascribe to people positions that are more precise and sophisticated than they actually intend (p. 213).Aside from these quite serious problems, it is necessary to recognize... (shrink)

This paper addresses the current trend of hiring part-time employees for United States businesses. This common practice is one that does not consider the best interests of the employee. I argue that, at the present time, many people, especially those who are poor, have no other choice than to accept these part-time positions. As a result, the quality of life of these workers and their family members suffers. Companies typically employ part-time workers in an effort to increase profits. I argue (...) that this practice will only increase short-term profits, and hiring a large staff of part-time workers will actually decrease long-term profitability. Consequently, this unethical practice is also an unprofitable one. (shrink)

America's patchwork quilt of health care coverage is coming apart at the seams. The system, such as it is, is built upon an inherently problematic base: employment. By definition, an employment-based approach, by itself, will not assure universal coverage of the entire population. If an employment-based approach is to be the centerpiece of a system that provides universal coverage, special attention must be paid to all the categories of individuals who are not employees – children, unemployed (...) spouses or singles, the unemployable ill and disabled, persons between jobs, students, retirees, the elderly. Moreover, in a purely voluntary employment-based arrangement, some employers will not provide insurance at all, and others will provide inadequate coverage, necessitating other special provisions for coverage. As a consequence, about one out of six people now has no health coverage whatsoever, and even more have inadequate coverage. All the while, the rapidly-increasing transaction costs of sustaining this grossly inadequate pluralistic system eat up sufficient funds to provide basic benefits to the entire population. The time for systematic reforms has come and gone; what is now needed is action to prevent disaster, followed by a complete rebuilding of this country's health coverage system. Although perhaps more likely to be tried than more radical, completely nationalized, ones, stepwise reforms may not go far enough to cure the significant ills of the current employment-based system. Passage of inadequate reforms, then, could well set the stage for nationalized health care in the not too distant future. (shrink)

Like COVID-19, new infectious disease outbreaks emerge almost annually, and studies predict that this trend will continue due to a variety of factors, including an aging population, ease of travel, and globalization of the economy. In response to episodic public health crises, governments and organizations develop, implement, and enforce policies, procedures, protocols, and programs. The epidemiological triad is both a model of disease causation and fundamentally used to design and deploy such control measures. Here we adapt this model to (...) the workplace setting and use the epidemiological triad to characterize the related ethical challenges in implementing the control measures employers face as a guide for a workplace intervention framework. Through this approach, our aim is to show how an integrated ethical framework, grounded in epidemiological principles, has important implications for how we categorize, understand, and resolve the difficult decisions that emerge in the workplace under pandemic conditions. (shrink)

I here defend an account of the will as practical reason —or, using Kant's phrase, as " reason in its practical employment"—as against a view of the will as a capacity for choice, in addition to reason, by which we execute practical judgments in action. Certain commonplaces show distance between judgment and action and thus seem to reveal the need for a capacity, in addition to reason, by which we execute judgment in action. However, another ordinary fact (...) pushes in the other direction: the activities of the will are activities for which the person is answerable in a very particular sort of way. This answerability is most easily understood if willing involves settling a question. Settling a question seems to be a capacity of reason. Thus it can seem that activities of will are activities of our capacity for reasoning. I will suggest that we can accommodate the commonplaces while still understanding the will as reason in its practical employment, by abandoning the assumption that practical reasoning concludes in a judgment. Rather, reasoning which concludes in a judgment—reasoning directed at the question of whether p—is theoretical reasoning. In its practical employment, reason is directed at the question of whether to x; it concludes, not in a judgment about x-ing, but rather in an intention to x. (shrink)

Introduction. On the territory of the Chelyabinsk region there are 16 single-industry towns, the labor market and employment of which depend on the socio-economic situation of the single-industry enterprise. This state of matters results in the growth of unemployment, decrease in the level of human capital, the population’s life quality, and the loss of scientific and production potential. According to the authors, developing the theoretical foundations of the labor market and employment digital transformation in a single-industry town (...) class='Hi'>will make it possible to find alternative ways of employing the population in order to improve regional policy on the labor and employment market. The purpose of the study is to develop the theoretical foundations of the labor market and employment digital transformation in a monotown. Methods. The authors use the following scientific methods: system analysis, comparison, description, generalization, systematization, formalization, analysis of sources, etc. The scientific novelty of the research consists in defining the concepts «digital transformation of the labor market of a monotown», «digital platform of the labor market»; in determining changes in the elements of a monotown labor market structure in the processes of digital transformation; in determining the subjects, objects of the labor market digital transformation; in developing a comparative characteristic of the traditional labor market and the labor market of Industry 4.0 monocity; in developing recommendations for the digital transformation of the labor market of a monotown in order to improve the regional employment policy. Results and conclusions. As a result of analyzing the structure of the population’s employment in single-industry towns of the Chelyabinsk region, the authors determine quantitative transformations in the number of the residing population, the average number of employees towards its reduction; the authors characterize the average monthly salary of workers in organizations of single-industry towns as unstable. The analysis of unemployment shows that there is a tendency for the number of youth among the unemployed to grow, at the same time, hidden unemployment is decreasing; in general, the unemployment rate in single-industry towns is higher than in the Chelyabinsk region for the entire study period. The analysis shows that it is necessary to search for alternative ways of employing the population, of decreasing the unemployment rate, which made it possible to develop theoretical foundations for transforming the labor market and employment of a single-industry town. (shrink)

The starting point of this article is that employees’ chances of securing reasonable expectations of privacy at work must be better protected. A dependency asymmetry between employer and job-applicant implies that prospective employees are in a disadvantaged position vis à vis the employer regarding the chances of defending their reasonable interests. Since an increased usage of work related surveillance will, to a larger extent, require of job-applicants that they negotiate their privacy interests in employment contracting, it is important (...) to consider means of strengthening employees’ negotiating power. This article emphasizes the importance of contextualizing consent for contractual agreements to be ethically acceptable. (shrink)

Anthony van Dyck’s period of service to the Stuart court stretches from 1632, when he was appointed “principalle Paynter in ordinary to their Majesties” and knighted, to his death at the end of 1641. After an earlier visit of a few months, beginning in December 160, van Dyck had gone to Italy to improve himself; there he had defected from the service of James I. On his return to England this was forgiven, and in the early years he was mainly (...) employed in making portraits of the royal family and household. Later he was again absent from England, spending an entire year beginning in July 1634 back in Antwerp. During the last six years van Dyck spent in England, his clientele widened further; it is chiefly the portraits of this latter period that I will consider here.These portraits have been approached and evaluated in two basic ways. First of all, they have been taken to demonstrate the adaptation of van Dyck’s preexisting skills, especially his command of the “grand style,” to the requirements of a court and aristocracy which prized grace and elegance as hallmarks of breeding and quality, and which at the same time welcomed the trappings of grandeur and the subtleties of variation, in costume, post, and gesture, that the artist could build into his presentation for their predilection.1 Second, where critical considerations have come up, these paintings have been evaluated in terms of whether the adoption of mannered and decorative traits now betokens a decline from the artist’s previous work, or whether it represents rather a different kind of achievement which gave rise, at its best, to equally outstanding successes in conveying refined and subtly enhanced distinction.2But both these approaches agree in finding no intellectual content in the works in question, either of van Dyck’s own devising or based on interests and concerns in which his subjects partook. This absence of implication to the portraits is seem as fitting with thea rtist’s tendency to make creative decisions on an ad hoc basis, as evidenced by his preference for rapidly made drawings from the life over the use of oil sketches and by the pentimenti that his finished works reveal.3 It is also seen as fitting with the whole pattern—cultural as well as social and economic—of his relationship to the Stuart aristocrazy, for which these images were fashioned. 1. See esp. Ellis Water house, Painting in Britain, 1530-1790 , pp. 49-50 ; and cf. more recently Christopher Brown, Van Dyck .2. See, for example, Erik Larsen, intro. to L’opera completa di Van Dyck 1626-1641 , p. 8 and Oliver Millar, intro. to exhibition catalog Van Dyck in England , p. 27 and esp. p. 31 .3. See Millar, Van Dyck in England, p. 31, citing the miniaturist Richard Gibson on the “Sketches made from the life,” mainly lost, and cat. no. 12, on the pentimenti found in the 1633 Charles I on Horseback. Mark Roskill is professor of the history of modern art at the University of Massachusetts at Amherst. His most recent book is The Interpretation of Cubism . Previous contributions to Critical Inquiry include “On the Recognition and Identification of Objects in Paintings” and “A Reply to John Reichert and Stanley Fish”. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:TRANSIENT NATURES AT THE EDGES OF HUMAN LIFE: A THOMISTIC EXPLORATION PHILIP SMITH, O.P. Providence College Providence, R.I. T:HE CONCEPT OF human nature as the intrinsic and wdical source of characteristic human a;ctivity has great mportanoe for natural law ethics. But olosely allied to the concept of human nature is the possibility of there being tmnsient natures in humans, and this rpossirbility has implications for human life at its (...) outer edges. What transient natures are wiill he discussed 1in detail below. Let us,say for now that they are the life principles of entities transition from one state of being to another. These forms enjoy only a temporary existence before they disappear and are replaced by other emerging forms.1 When applied to the outer limits of human existence, such transient natures offer useful insights for addressing the difficult problems of when personhood begins and when death occurs. Thomistic philosophy defines a human person a;s a combination of mrutte1· and,form, more oommorrly referred to as a unity of hody and soul.2 Relativie to the beginning of Jife and the 1 Such natures are discussed in William A. Wallace, 0.P., "Nature and Human Nature as the Norm in Medical Ethics,'' in Catholic Perspectives on Medical Morals, ed. E.D. Pellegrino et al., Philosophy and Medicine Series, Vol. 24 (Dordrecht-Boston: D. Reidel Publishing Co., 1989). This essay was originally presented at an international conference held at the Joseph and Rose Kenned,y Institute of Ethies of Georgetown UniYersity, October 13-16, 1986. For further background against which Wallace's discussion should be situated, see his "Nature as Animating: The Soul in the Human Sciences,'' The Thornist 49 (l985) : 612-6'18, and "The Intelligibility of Nature: A Neo-Aristotelian View," Rev,iew of Metaphysics 38 (1984): 33-56. 2 Thomas Aquinas, St., Surnrna Theologiae, I, q.29, a.4. 191 19Q PHILIP SMITH, O.P. onset of death, this philosophy of person raises the question of w:hen tihe soul is infused into the body and when :it is 1separated from it. Is the newly-fortiilized zygote capable of :receiving and sustaining the rational soul as its,substantirul form? Or must the genetic materials be informed by one or more transient natures before they achieve ithe internal unity and stability necessary :for personhood? At the end of life, the person dies when the soul leaves the body. Does personail death coincide with the death of the human organism as a whole? Or can the destruction of only an essential part of the body, e.g. tihe cerebral cortex, cause personal death by damaging the body so severely that it is simply incapable of supporting a :rational soul, even though the rest of the body remains intact and spontaneously alive? If so, is the remaining organism informed by a succession of transient substantiail forms that maintain its existence but at ever lower levels of life as it gradually declines toward total death? In examining these questions posed by the possibility of transient natures, my point of departure will be an analysis of transient natures themselves. Recently, William A. Wallace, O.P., has 'begun to eX!plore the philosophical meaning and implications of transient natures for issues such as these.a His findings will he summarized here. The insights gathered from the exploration of transient natures will next he applied to the questions of when personhood begins and when death occurs. This will necessarily employ a fraiilework embracing both tihe empirical and the philosophical, with the empirical looking to the available biological data and the philosophical inquiring about the impact o.f these data for determining the status of human life at its outer edges. Since Aquinas's natural philoss Wallace, "Nature and Human Nature...," pp. 23-51. Additional background for his researches, apart from the essays cited in note l above, will be found in his "The Reality of Elementary Particles," Proceedings of the American Catholic Philosophical Association 38 (1964): pp. 154-166, and "Elementarity and Reality in Particle Physics," Boston Studies in the Philosophy of Science, 2nd ed. (Lanham, Md.: University Press of America, 1983), pp. 171-183 and pp. 185-212. TRANSIENT... (shrink)

The scope of social policy today is extensive. With the changing global scenario, there is a rediscovery of “social” in it. Indubitably, there is a gender perspective on social policy globally. The world Economic Forum states that there are only six countries in the world (Belgium, Denmark, France, Latvia, Luxembourg and Sweden) where women have equal work rights to men. It is noted that the situation in different countries varies when it comes to the working benefits of different genders whether (...) for native or expatriate workers in those places. Though there are rooms to enjoy attractive income and favourable working conditions such as job security, generous retirement plan, and other welfare benefits, there are still various factors that might lead to gender-based differences or gender discrimination in the unique labour market context of the GCC countries. The scenario is distinct in many Scandinavian nations like Sweden. Those countries are often considered the role model for gender equal work allowances. When it comes to India there is still disparity and difference in many areas despite the social security system the country offers in its policies. This paper aims at a descriptive and qualitative study on the causes, consequences and conclusion of the gender disparity in employee allowances in these nations. The study would imply a simple random method of interrogation to examine gender differences empirically within the labour market of the mentioned nations. The economic benefits of a gender-equal nation in the framing of social policy will be emphasized and focused on. (shrink)

In this article I will identify the position from which I write and the methodology I will employ, and then I will ask: ”Is the Foucauldian conception of disciplinary power still at work in contemporary forms of imprisonment?” I will answer this question in the affirmative and report the results of a case study of the operational philosophy of a contemporary prison in Melbourne Australia while highlighting some key comparative points from Discipline and Punish . How (...) prisoners resist and subvert disciplinary power by turning an inclusive grouping within the prison into a site from which they highly differentiate Self from Other will be touched upon. I will conclude by finding that homo criminalis has in fact become a definite object in the field of knowledge and he is emerging as a product from the machine for altering minds. (shrink)

The role of China in the world economy is constantly growing. In particular we observe that it plays more and more important role in the support of theworld economic growth (as well as high prices of certain very important commodities). In the meantime the perspectives of the Chinese economy (as well as possible fates of the Chinese society) remain unclear, whereas respective forecasts look rather contradictory. That is why the search for new aspects and modes of analysis of possible development (...) of China turns out to be rather important for the forecasting of global futures. This article employs a combination of scientific methods that imply (a) the analysis at the level of Chinese economic model; (b) the analysis at regional level (at this level the Chinese economic model is compared with the regional East Asian model); (c) the analysis at the global level that relies on the modified world-system approach that allows to answer the question whether China will replace the USA as the global leader. It is important that the analysis is conducted simultaneously in economic, social, demographic, and political dimensions. As regards the analysis of specific features of the Chinese model as an especial type of the East Asian model (that is based on the export orientation, capital & technology importation, as well as cheap labor force), we note as organic features of the Chinese model the totalitarian power of the Communist Party and the immenseness of resources. As regards special features of the Chinese model, we note (in addition to “cheap ecology” and cheap labor force) and emphasize that China has a multilevel (in a way unique) system of growth driving forces, where, as opposed to developed states, the dominant role belongs not to native private capital, but to state corporations, local authorities and foreign business. This explains the peculiarities of the Chinese investment (or rather overinvestment), which determines high growth rate up to a very significant degree. A unique feature of the Chinese model is the competition of provinces and territories for investments and high growth indicators. As regards perspectives of the global hegemony of China, we intend to demonstrate that, on the one hand, economic and political positions of China will strengthen in the forthcoming decades, but, on the other hand, China, assuming all possible future success, will be unable to take the USA position in the World System. We believe that in a direct connection with the development of globalization processes the hegemony cycle pattern is likely to come to its end, which will lead to the World System reconfiguration and the emergence of its new structure that will allow the World System to continue its further development without a hegemon. Finally, the article describes some possible scenarios of the development of China. We demonstrate that China could hardly avoid serious difficulties and critical situations (including those connected with demographic problems); however, there could be different scenarios of how China will deal with the forthcoming crisis. We also come to the conclusion that it would be better for China to achieve a slowdown to moderate growth rates (that would allow China to go through the forthcoming complex transition period with less losses) than to try to return at any cost to explosive growth rates attested in the 2000s. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Blossoming of Bioethics at NIHEzekiel J. Emanuel (bio)The establishment of the Department of Clinical Bioethics at the Warren G. Magnuson Clinical Center of the National Institutes of Health (NIH) has coincided with a burgeoning of interest and activity related to bioethical issues at NIH. The department has precipitated a reexamination and revitalization of existing bioethics activities in the Clinical Center and has launched new programs especially in the (...) areas of education and research. In addition, the department contributes to the work of others throughout NIH who address bioethical issues.The Organizational Location of the Department of Clinical BioethicsBefore describing the history and current activities of the Department of Clinical Bioethics, I will say something about it administrative location. Comprehension of the department’s organizational location is essential to understanding its history, role, and function. Prior to interviewing for the position of chair of the department, I did not—and, if truth be told, still do not fully—understand the details of the organizational structure of NIH. I therefore assume that many other bioethicists outside of the Institutes, especially those who do not regularly receive NIH funding, may not fully grasp its organizational intricacies.The Department of Clinical Bioethics is a department within the Warren G. Magnuson Clinical Center, which is NIH’s “hospital.” Hospital is in quotes because all of the patients at the Clinical Center must be enrolled in a research protocol and, therefore, are research subjects. The Clinical Center is where NIH’s clinical researchers admit their research subjects or see them in the out-patient setting. The Department of Clinical Bioethics reports directly to the Director of the Clinical Center, John I. Gallin, M.D., and receives its finances, space, and other resources from the Clinical Center.In this way, the department is part of NIH’s intramural (“inside”) program. People employed by NIH conduct intramural research, training, and other initiatives. The extramural program, which receives approximately 87 percent of NIH’s budget, funds research at institutions outside NIH. The extramural program awards grants and contracts for research, training, and conferences conducted [End Page 455] by investigators who are not affiliated with NIH. The National Human Genome Research Institute’s ELSI (Ethical, Legal, and Social Implications) program, for example, is part of NIH’s extramural program. As part of the NIH intramural program, the Department of Clinical Bioethics is not empowered to fund independent initiatives of people outside of NIH through grants and contracts. However, the department can collaborate with bioethicists and others on research, educational, and other programs outside of NIH and has some funds to support these collaborations.In addition, it is important for bioethicists to understand that NIH is a collection of 24 institutes and centers. Although there is coordination and collaboration between the institutes and centers, each is funded separately, and each has its own scope, programs, administrative structures, research agendas, training priorities, boards of advisors, and so forth. In this sense, NIH is more like a university that has many distinct schools, each with its own dean, faculty, budget, and fund raising office, than one that is tightly integrated and centrally-administered. Within NIH’s diffuse administrative structure, the Department of Clinical Bioethics is located within one of the centers (the Clinical Center) and has defined authority and responsibility only for bioethics within that center; in addition, because the Clinical Center’s mission is to support clinical research at other institutes, the department’ mission includes supporting the work of those institutes as well. Intellectual exchanges and relationships with other institutes and centers are neither pre-ordained nor administratively established; such relationships must be developed case-by-case, topic-by-topic, and initiative-by-initiative.The History and the Development of the Department of Clinical BioethicsThe Department of Clinical Bioethics was launched in late 1996. Although the department’s creation marked a major commitment to bioethics by the Clinical Center, and especially by its director, Dr. Gallin, it was formed on a pre-existing foundation of bioethics activities at NIH. 1In 1977, John Fletcher, Ph.D., was appointed by then Director Mortimer Lipsett as the bioethicist at the Clinical Center; his official title was Assistant for Bioethics... (shrink)

This book offers a collection of contemporary essays that explore philosophical themes at work in chess. This collection includes essays on the nature of a game, the appropriateness of chess as a metaphor for life, and even deigns to query whether Garry Kasparov might—just might—be a cyborg. In twelve unique essays, contributed by philosophers with a broad range of expertise in chess, this book poses both serious and playful questions about this centuries-old pastime. -/- Perhaps more interestingly, philosophers have often (...) used chess in discussions of their work. Walter Benjamin compares the marching of history to an automaton playing chess. John Dewey and Charles Sanders Peirce utilize chess to explain their pragmatism. The linguist Ferdinand de Saussure employs the analogy of chess to explain the exchange of signifiers. There are approximately 181 uses of the word chess or one of its cognates in the published works of Ludwig Wittgenstein. John Rawls explains that one might want to make a distinction between constitutive and regulative rules, which can best be understood by examining a game of chess. John Searle, deeply convinced of this distinction, explains further: "The rules of football or chess are given as an example of constitutive rules because they 'create the very possibility of playing such games.'" Hubert Dreyfus and Daniel Dennett have had extensive public discussions about the issue of artificial intelligence and chess. Dreyfus, utilizing chess examples, has written extensively on what computers still cannot do. Meanwhile, in spite of his protestations, chess-playing computers continue to fascinate those who work in the area of artificial intelligence. -/- The game of chess has endured since at least the sixth century. Its earliest variant, the Indian game of Chaturanga, was from the beginning a game for thinkers. Since its inception, scholars, statesmen, strategists, and warriors have been fascinated by the game and its variants. German philosopher Emmanuel Lasker and famed French artist Marcel Duchamp were both Grandmasters at chess. Karl Marx played chess avidly, as did Sir Bertrand Russell, Jean-Paul Sartre, and the logical positivist Max Black. Jean-Jacques Rousseau mentions in his Confessions that, at the time, he "had another expedient, not less solid, in the game of chess, to which I regularly dedicated, at Maugis's, the evenings on which I did not go to the theater. I became acquainted with M. de Legal, M. Husson, Philidor, and all the great chess players of the day, without making the least improvement in the game." More recently, philosopher Stuart Rachels reports that his father, the late philosopher and prominent ethicist James Rachels, received a bribe from a Russian Grandmaster while he was the chair of the U.S. Chess Federation's Ethics committee. -/- "Whether you’re a professional philosopher, an armchair chess player, or something in between, Philosophy Looks at Chess gives you hours of thought-provoking reading. With chapters on technology, ethics, hip hop, and backward analysis, this book carves out a new space in the literature on both chess and philosophy" -/- —Jennifer Shahade, two-time U.S. Women's Champion and author of Chess Bitch -/- "Chess and philosophy are natural mates that have been awaiting the proper introduction. This wide-ranging collection of stimulating essays is the perfect opening gambit for philosophical chess enthusiasts." -/- —Will Dudley, author of Hegel, Nietzsche, and Philosophy: Thinking Freedom. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Justice and the General Will:Affirming Rousseau's Ancient OrientationDavid Lay WilliamsThere is much confusion about how to characterize the work of Jean-Jacques Rousseau. His thought has at various times been related to such dissimilar thinkers as Plato and Hobbes. From Plato he is said to have acquired his affinities for community and civic virtue. And one does not have to look too hard to find his praise for the (...) great sage of the Academy: "Plato only purified the heart of man."1 He was often eager to affiliate his ideas with those of antiquity. He yearned for modern society to rekindle the flames of a once-great civilization. "[W]hat keeps us [the moderns] from being men like them [the ancients]? Our prejudices, our base philosophy, and the passions of petty self-interest, concentrated together with egoism in all hearts by inept institutions in which genius never had any share."2 Despite his obvious admiration for the perceived greater ideas of the past, however, Rousseau also expressed some skepticism. James Miller has suggested that he held Plato's theory of the Forms to be unsustainable.3 Allan Bloom has likewise argued that Rousseau's "teaching is not... a revival of those of Plato.... If he admires the practice of antiquity, he does not accept the theory."4This has led many to argue that Rousseau is best understood as student of Thomas Hobbes. Roger D. Masters, for example, has suggested that "Rousseau's principles of political right can... be best described as a reformulation [End Page 383] of Hobbes' conception of the social contract."5 Arthur Melzer also argues, "The purpose of the doctrine Rousseau elaborates in the Social Contract is essentially the same [as Hobbes']."6 This view is argued on the grounds that the General Will is a positive or arbitrary standard, functioning as the primary principle of Rousseau's constructive political program. Yet the vision of Rousseau as a Hobbesian or modernist also merits skepticism. While he employs a social contract, as does Hobbes, he explicitly rejects traditional forms of positivism. "What is good and conformable to order is so by the nature of things and independently of human conventions."7 Whatever one might say about such passages, it at least raises the possibility that Rousseau is no modernist in the Straussian sense of defining Justice as human agreement.Much of what contributes to the conflicting interpretations of Rousseau can be attributed to different understandings of the relative priority and relationship of two central concepts in his writings. One of these is the well-discussed notion of the General Will. The dominant fashion is to read the General Will as a conventional substitute for natural law or transcendent Ideas. According to this reading, the General Will is grounded on nothing more than consent and functions as the first principle of all legitimate political societies. The other term central to Rousseau's program is the far less discussed but equally important concept of Justice. Little has been written on his understanding of Justice and, for that matter, he himself rarely discussed it explicitly. But it, too, could also be considered a primary principle. While it would be foolish to dismiss the importance of the General Will to Rousseau, it would be equally problematic to explore it independently of his Idea of Justice. The question in understanding his work is which of these two principles—the General Will or Justice—is primary or fundamental. If it is the General Will, a case can be made that the Straussians are right, and Rousseau is a positivist. If Justice is prior, on the other hand, then there is reason to believe that he was something much different.I argue that the positivist reading of Rousseau is flawed. Indeed, my thesis is that he is among the greatest and most thorough Platonists of the modern era.8 His rejection of Hobbes is not merely rhetorical. In fact, it represents the [End Page 384] true impetus of his social contract. This contract is designed explicitly to counter Hobbesian positivism. In the same way that Plato responds to Protagoras' positivism with his theory of the Forms, Rousseau responds to Hobbes... (shrink)

The U.S. doctrine of employment-at-will, modified legislatively for protected groups, is being less harshly applied to managerial personnel. Comparable compensation is not otherwise available in the U.S. to workers displaced by technology. Nine pairs of arguments are presented to show how fundamentally management and labor disagree about a company's responsibility for its former employees. These arguments, born of years of labor-management debate, are kaleidoscopic claims about which side has what power. Ultimately, however, not even both together can solve (...) without creative public intervention the emerging problem of massive technological unemployment — the other side of the corporate dream of profit without payrolls. (Originally published as "Displaced Workers: Whose Responsibility?" in Social Policy and Conflict Resolution, eds. T. Attig, D. Callen, and R.G. Frey, Bowling Green, OH: Bowling Green Studies in Applied Philosophy VI, 1984.). (shrink)

Employee job rights have become a controversial issue, with some courts ruling employees have a fundamental right in retaining their job. Employment at will and assigning the worker a property right to his job are examined from three paradigms of social interaction. An alternative model is presented, and is more consistent with each of the three paradigms.

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.1 (2001) 37-57 [Access article in PDF] Gersonides on Providence: A Jewish Chapter in the History of the General Will Steven Nadler The notion of the "general will" has proven to be one of the more influential and at the same time enduringly perplexing concepts in the history of ideas. Its most famous appearance is of course, in Rousseau's political philosophy (...) as the expression, ideally embodied in the sovereign's commands, of what is in the common or public interest. The general will (la volonté générale) is, Rousseau says, the will of "the body of the people," that is, "the will that one has a citizen" for the common good. It thus stands in contrast to the "particular will" (la volonté particulière), the expression of one's individual and particularistic preference.1 In this political context, what gives the general will its generality is the universality of interest it represents. Its scope extends to all citizens and it specifies what is in the best interest of the members of the body politic as a whole. Although the general will may or may not coincide with each and every individual's private interest, all citizens are, as a matter of fact, properly served by its fulfillment.In his book The General Will Before Rousseau, Patrick Riley demonstrates how this central idea of eighteenth-century political thought actually has its origins in seventeenth-century theological debates over divine, not human, justice. The mystery [of the origins of the general will] is solved when one realizes that the term volonté générale was well established in the seventeenth-century, though not primarily as a political idea. In fact, the notion of "general will" was originally a theological one, referring to the kind of will that God (supposedly) had in deciding who would be granted grace sufficient for salvation and who would be consigned to hell. The [End Page 37] question at issue was: if "God wills that all men be saved"--as St. Paul asserts in a letter to his disciple Timothy--does he have a general will that produces universal salvation? And if he does not, why does he will particularly that some men not be saved? 2Part of the problem to which the appeal to God's general will was thought by some to afford a solution was the apparent injustice in the distribution of grace. Grace seemed to fall abundantly upon those who were not deserving of it and unprepared to use it properly and insufficiently, and all too rarely upon those who, it was believed, were most worthy of it. Malebranche, for one, believed that God wills, with a general volition, that all people be saved; other factors, however, hinder that "simple" volition from being carried out. But this question about divine aid was simply one element in a larger body of questions--extending across the realms of both nature and grace--about evil in God's creation: why is there sin, suffering, and imperfection in the world if the world was created and is governed by a wise, just, and omnipotent God? As Riley shows--and as I shall briefly review--the notion of the general will was employed by some early modern theologians in an attempt at theodicy, that is, an explanation or justification of God's ways in the face of such a conundrum.My aim in this paper is to take Riley's project one step further. I show that the use of the generality of divine purpose and effect that one finds in seventeenth-century theological discussions of the problem of evil appears in a similar form in an even earlier theodicean context. In his account of divine providence and especially in his explanation of why in this lifetime righteous people suffer and wicked people prosper, the fourteenth-century rabbi and philosopher Levi ben Gershom--Gersonides (or, to use his Hebrew acronym, RaLBaG)--appeals to the generality of the ways of nature established by God much... (shrink)

Trade and immigration are generally described as separate dimensions of globalization. This Article challenges that story by focusing on settings where states and private actors are bringing the two together to achieve disparate economic and policy goals. In one of the two sets of cases analyzed here, governments in the Global South are seeking to increase trade through the use of migrant labor, attracting transnational firms to export manufacturing zones by importing lower-cost workers from other countries. In the other, policymakers (...) in the Global North are seeking to decrease immigration through the use of trade by investing in export processing zones in migrant origin countries, on the theory that more trade, and the employment it creates, will deter onward migration to the Global North. I use these contexts as the starting point for a reconsideration of core ideas in trade and migration policy and theory. In the first set of cases, governments are constructing a comparative advantage in labor from whole cloth, by bringing in workers from other countries on terms that restrict their freedom and subject them to exploitation at work. This challenges the usual description in the trade literature of labor cost as a natural phenomenon based on local wage and productivity levels, and thus a legitimate source of advantage in trade. Meanwhile, transnational firms that locate production in such export processing zones sidestep the ordinary choice between benefiting from global wage differentials by moving work overseas or by hiring migrant workers. Instead, they do both simultaneously, a strategy I term “double labor arbitrage.” I explore the ways in which the construction of comparative advantage and double labor arbitrage operate together to extract additional value from workers for the benefit of states and corporations. With regard to the second set of cases, I draw on recent empirical economic scholarship to challenge the argument that more trade will decrease emigration. More profoundly, I question the normative justification for these proposals, given the treatment of workers in the zones. Although proposed as a “solution” to immigration, I argue that they are much more likely to deepen the problems that drive it. Immigration and trade law do not bar any of the developments I analyze here. The question is whether they should. This Article—the first step in a larger project—launches that inquiry. (shrink)