An executive ought to be as informed as possible about the needs and preferences of her constituency and about the most important policy issues that her constituency confronts. This ethical duty, referred to as the informed governance principle, requires that an executive who is not opposed to the death penalty personally carry out at least one execution of a death row inmate. Having an executive act as executioner, even if just once, could also help citizens reflect upon (...) their personal ethical commitments, spur them to monitor the government’s power, and prompt them to contemplate how best to distribute power so that the chance of injustice is minimized. (shrink)

Smart Contracts enable the automated execution of exchanges on the blockchain. From an ontological perspective, smart contracts create and automate the fulfillment of social commitments between actors. Whereas traditional deontic logic is used to make a legal determination in contractual multi-actor interactions, this paper focuses on the consequences of these actions resulting from that determination, thereby shifting the focus from monitoring to execution. The interactions between actors and the consequences in terms of commitments have not yet been formalized for smart (...) contracts. The perspective of smart contracts is interesting, since they are considered to be autonomous agents, able to generate automated actions. We use the Event Calculus as a formal logic to represent and reason about the effects of these automated actions and the resulting commitments. Since the Event Calculus deals with local events and the consideration of time, this approach enables the uniform representation of commitments, including their operations and reasoning rules. (shrink)

When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than (...) the content itself. This makes executive processes more important to the law than consciousness, since they are responsible for channeling conscious decision-making into intentions and actions, or inhibiting action.We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants’ intentions or plans to commit crimes and their awareness that certain facts are the case, as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy. (shrink)

Executive compensation has long been a prominent topic in the management literature. A main question that is also given substantial attention in the business ethics literature—even more so in the wake of the recent financial crisis—is whether increasing levels of executive compensation can be justified from an ethical point of view. Also, the relationship of executive compensation to instances of unethical behavior or outcomes has received considerable attention. The purpose of this paper is to explore the social, (...) ecological, and existential costs of economic incentives, by discussing how relying on increasing levels of executive compensation may have an adverse effect on managerial performance in a broad sense. Specifically, we argue that one-dimensional economic incentives may destroy existential, social, and systemic values that influence the manager’s commitment to ensure responsible business conduct, and have negative spillover effects that may reduce the manager’s performance. There are well-documented findings that demonstrate that reliance on sources of extrinsic motivation (such as economic incentives) may displace intrinsic motivation. Our perspective is a holistic one, in the sense that we will explore the influence of sources of extrinsic motivation on the manager’s intrinsic commitment to different types of values. We will in particular investigate how it may influence the manager’s ethical reflection and behavior or lack thereof. (shrink)

This study investigates the relation between CEO compensation and corporate fraud in China. We document a significantly negative correlation between CEO compensation and corporate fraud using data on publicly traded firms between 2005 and 2010. Our findings are consistent with the hypothesis that firms penalize CEOs for fraud by lowering their pay. We also find that CEO compensation is lower in firms that commit more severe frauds. Panel data fixed effects and propensity score methods are used to demonstrate these effects. (...) Our results also indicate that corporate governance mechanisms influence the magnitude of punishment. We find that CEOs of privately controlled firms, firms that split the posts of CEO and chairman, and CEOs of firms located in developed regions suffer larger compensation penalties for committing financial fraud. Finally, we show that CEOs at firms that commit fraud are more likely to be replaced compared to those at non-fraud firms. (shrink)

This paper posits that organizational variables are the factors that lead to the moral decline of companies like Enron and Worldcom. The individuals involved created environments within the organizations that precipitated a spiral of unethical decision-making. It is proposed that at the executive level, it is the organizational factors associated with power and decision-making that have the critical influence on moral and ethical behavior. The study has used variables that were deemed to be surrogate measures of the ethical violations (...) (OSHA and EPA violations), the risky shift phenomenon (executive team size), banality of wrong-doing (reputation score for firms) and escalating commitment (tenure with the firm/change in revenue for declining firms). The research found that there were small correlations between ethical violations and the three organizational variables. (shrink)

In this paper we present an executable approach to model interactions between agents that involve sensitive, privacy-related information. The approach is formal and based on deontic, epistemic and action logic. It is conceptually related to the Belief-Desire-Intention model of Bratman. Our approach uses the concept of sphere as developed by Waltzer to capture the notion that information is provided mostly with restrictions regarding its application. We use software agent technology to create an executable approach. Our agents hold beliefs about the (...) world, have goals and commitment to the goals. They have the capacity to reason about different courses of action, and communicate with one another. The main new ingredient of our approach is the idea to model information itself as an intentional agent whose main goal it is to preserve the integrity of the information and regulate its dissemination. We demonstrate our approach by applying it to an important process in the insurance industry: applying for a life insurance.In this paper we will: (1) describe the challenge organizational complexity poses in moral reasoning about informational relationships; (2) propose an executable approach, using software agents with reasoning capacities grounded in modal logic, in which moral constraints on informational relatio nships can be modeled and investigated; (3) describe the details of our approach, in which information itself is modeled as an intentional agent in its own right; (4) test and validate it by applying it to a concrete ‘hard case’ from the insurance industry; and (5) conclude that our approach upholds and offers potential for both research and practical application. (shrink)

Recently, a number of experimental philosophers have converged on the position that the ordinary concept of weakness of will does not solely consist in “judgment” or “intention” violation but is more like a cluster concept in which each factor plays contributory roles in the application of the concept. This, however, raises the question as to which factor is more central or plays a more significant role in folk’s understanding of the concept. I contend that the ordinary concept of weakness of (...) will is primarily constituted by the “executive commitment” rather than the “evaluative commitment” practices. Drawing on extensive evidence from developmental psychology, I will argue that the executive commitment, which, as I will show, involve intention recognition and metarepresentation, is developmentally prior and more fundamental in our exercise and intuitive understanding of the concept. (shrink)

This paper further develops the system of illocutionary logic presented in ?Propositional logic of supposition and assertion? (Notre Dame Journal of Formal Logic 1997, 38, 325-349) to accommodate an ?I believe that? operator and resolve Moore's Paradox. This resolution is accomplished by providing both a truth-conditional and a commitment-based semantics. An important feature of the logical system is that the correctness of some arguments depends on who it is that makes the argument. The paper then shows that the logical (...) system can be expanded to resolve the surprise execution paradox puzzle. The prisoner's argument showing that he can't be executed by surprise is correct but his beliefs are incoherent. The judge's beliefs (and our beliefs) about this situation are not incoherent. (shrink)

In this paper, I argue that informational semantics, the most well-known and worked-out naturalistic account of intentional content, conflicts with a fundamental psychological principle about the conditions of belief-formation. Since this principle is an important premise in the argument for informational semantics, the upshot is that the view is self-contradictory??indeed, it turns out to be guilty of a sophisticated version of the fallacy famously committed by Euthyphro in the eponymous Platonic dialogue. Criticisms of naturalistic accounts of content typically proceed piecemeal (...) by narrowly constructed counterexamples, but I argue that the current result is more robust. It affects a broad family of accounts, and provokes a wider doubt about the possibility of successful execution of the naturalistic project. (shrink)

The role of followers in financial statement fraud has not been widely examined, even though these frauds typically involve collusion between followers and destructive leaders. In a study with 140 MBA students in the role of followers, we examined whether two follower personality traits were associated with behavioral intentions to comply with the demands of an unethical chief executive officer to be complicit in committing financial statement fraud. These personality traits are self-sacrificing self-enhancement, a form of maladaptive narcissism characterized (...) by seemingly altruistic behaviors that are actually intended to boost self-esteem and proactivity, a trait characterized by behaviors reflecting efforts to positively change one’s environment. As predicted, follower SSSE was positively associated with follower behavioral intentions to comply with CEO pressure to commit fraud, while follower proactivity was negatively associated with fraud compliance intentions. Also as predicted, follower SSSE interacted with follower proactivity, such that followers high in SSSE and high in proactivity reported greater intentions to resist pressure from the unethical CEO to commit fraud compared to low-SSSE followers. Implications for future research and corporate governance are discussed. (shrink)

The goal of this research is to analyze the heterogeneity of family firms in the normative attention to their non-family stakeholders. With this aim, we suggest that the psychological process of top family managers in terms of individual affective commitment to their firms is a key variable to explain that heterogeneity. However, we also suggest a moderator effect of the family stakeholder salience in the relationship between the managers' affective commitment to the firm and the establishment of firm (...) goals toward non-family stakeholders. The results of a hierarchical regression analysis on data obtained from 207 family executives show a significant positive influence of managers' affective commitment on the establishment of goals related both to internal and external non-family stakeholders. In addition, we can observe a negative moderator effect of the family utilitarian power—as an indicator of the family stakeholder salience—on the relationship between the family managers' affective commitment and the goals related to non-family employees. (shrink)

The extent and mechanisms through which religion intertwines with decision-making processes in family firms remain inadequately understood. Family firm owners, driven by their commitment to ethical business practices and the safeguarding of their socioemotional wealth, actively seek cues to inform their decision-making processes. This research demonstrates that, among these guiding cues, top-level executives’ perceived religiosity emerges as a relevant factor. Building upon the socioemotional wealth perspective and conducting a longitudinal analysis based on listed family firms between 2009 and 2018, (...) our findings reveal a positive association between family voting rights and the presence of board members perceived to be religious. Furthermore, this relationship is less pronounced if family firms operate in industries with high research and development intensity. Our study confirms that boards with high shares of religiously perceived directors are positively associated with the appointment of chief executive officers perceived to be religious during succession events. We thereby present a unique perspective that acknowledges perceived religiosity as a micro-level constituent shaping board membership and successor selection. This investigation captures the intricate interplay between religion and family firms under a socioemotional wealth umbrella, offering important insights to the family business ethics discourse. Our research also offers practical implications for board and leadership diversity management in family firms. (shrink)

This paper examines fraudulent financial reporting within the context of Jones' (1991) ethical decision making model. It was hypothesized that quantitative materiality would influence judgments of the ethical acceptability of fraud, and that both materiality and financial risk would affect the likelihood of committing fraud. The results, based on a study of CPAs employed as senior executives, provide partial support for the hypotheses. Contrary to expectations, quantitative materiality did not influence ethical judgments. ANCOVA results based on participants' estimates of the (...) likelihood that a "typical CPA" would manipulate reported results indicated that both materiality and risk significantly influenced the likelihood of fraud, but that the perceived morality of the action did not. In contrast, results based on participants' self-reported behavior indicated that materiality and the perceived morality of the action would influence the likelihood of fraud, but that financial risk would not. Regardless of the measure used for the likelihood of fraud, the results indicate that financial executives continue to be influenced by quantitative materiality when misstatements are clearly material on qualitative grounds. (shrink)

Contemporary leaders are increasingly challenged to execute their leadership roles with a higher sense of responsibility. However, only a handful of studies have empirically examined the influence of responsible leadership on employee and organisational outcomes. Using Social Identity Theory and Psychological Contract Theory, this paper reports the findings of the relationship between responsible leadership and organisational commitment through the mediating role of employee turnover intentions. A web-based online survey was administered to collect data targeting a sample of 200 Australian (...) employees working full time. Structural equation modelling was used to analyse the data. The results reveal that perceived responsible leadership significantly influences employees’ organisational commitment and their turnover intentions. Moreover, the direct relationship between responsible leadership and organisational commitment was found to be partially mediated by employees’ turnover intentions. (shrink)

This study develops an internal–external institutional framework that explains why firms act in socially responsible ways in the emerging country context of China. Utilizing a mixed method of in-depth interviews and a survey study of 225 Chinese firms, the author found that internal institutional factors, including ethical corporate culture and top management commitment, and external institutional factors, including globalization pressure, political embeddedness, and normative social pressure, will affect the likelihood of firms to act in socially responsible ways. In particular, (...) implicit ethical corporate culture plays a key role in predicting different aspects of corporate social responsibility, while external institutional mechanisms mainly predict market-oriented CSR initiatives. This study contributes to the research on CSR antecedents by showing that in the emerging economy of China, CSR toward nonmarket stakeholders is more closely intertwined with corporate tradition and values, while legitimacy-seeking CSR activities are still limitedly rewarded. (shrink)

Is flexibility or formality more useful for organizations that are pursuing improved performance? Organizational structure scholars offer opposing answers to this question, and empirical results have been mixed. Our study contributes to this research by describing a mediational model that links organizational flexibility to performance via opportunity exploitation. Specifically, we argue that flexible firms are able to exploit a greater number of opportunities, which, in turn, can improve performance. We also argue that the indirect effect of flexibility on performance via (...) opportunity exploitation is stronger when top executives display higher affective commitment for their firms, meaning that they have a positive emotional attachment to their firms. Top executives with higher affective commitment can mitigate the downsides experienced by the staff of flexible firms, such as uncertainty and negative affect, which improves the outcomes of flexibility. Drawing on a sample of 211 firms and their founders, we find support for our hypotheses. (shrink)

Since at least as far back as the infamous Derek Bentley case of the 1950s in which an unarmed 19-year-old was convicted and executed for murder based on his alleged uttering of the words _let him have it_ to his gun-wielding accomplice, the issue of incitement has been positioned firmly as an object of interest for forensic linguists. An example of a language crime—i.e. an unlawful speech act (as reported by Shuy in Language crimes: The use and abuse of language (...) evidence in the courtroom, Wiley Blackwell, Hoboken, 1993) the features of incitement—formalized as _intentionally encouraging or assisting others to commit an offence_ in the law of England & Wales under section 44 of the Serious Crime Act 2007 (https://www.legislation.gov.uk/ukpga/2007/27/contents)—have been widely debated by linguists and legal scholars alike. This paper draws on two webinars hosted by The Hunting Office in August 2020, which were subsequently leaked by the Hunt Saboteurs Association. Featuring senior figures from the hunting community addressing a nationwide audience of hunt masters, the webinars led to a police investigation and subsequent prosecution and conviction of one of the main speakers, Mark Hankinson, for _encouraging or assisting others to commit an offence under the Hunting Act 2004_. In this paper I explore what, linguistically, is meant by _encouraging or assisting_. Through corpus-assisted pragmatic and discourse analyses I interrogate the webinars to address the question of how precisely Hankinson implied his encouragement of illegal hunting with dogs. The phenomena of collocation and semantic prosody are crucial for understanding how such meanings came to be attached to the contributions Hankinson makes to the webinars. Moreover the paper will examine the contributions of other speakers and demonstrate that the same incriminating linguistic patterns in Hankinson’s talk are also evident in that of those who were not prosecuted. (shrink)

Suppose that you do not do what you have previously decided to do. Are you to be charged with irrationality? A number of otherwise divergent theories of practical rationality hold that by default, you are; there are rational pressures, it is claimed, that favor the long-term stability and eventual execution of distal intentions. The article challenges this view by examining how these purported pressures can be spelled out. Is intention a normative commitment to act? Are intentions reasons for action (...) – or at least for retaining one's intention until the time to act has come? Or is the rationality of ‘doing as you decide’ governed by diachronic wide-scope norms, as Michael Bratman and John Broome suggest? All of these approaches are shown to raise severe problems, which suggests a more modest view: diachronic pressures on intending are at each point in time confined to the very next instant. (shrink)

Since 1991, the Patient Self-Determination Act (PSDA) has required all health care institutions that receive Federal funds to inform patients upon admission of their rights to make decisions about medical care and to execute advance directives. Implementation of the PSDA presents a special challenge for state mental hospitals. The relevance and possible negative therapeutic impact of discussing end of life decisions at the time of an acute psychiatric admission has recently been raised in the literature. Other ethical dilemmas arising from (...) the interplay between mental illness and informed consent for medical treatment, particularly for older patients committed to state mental hospitals, have been highlighted by the PSDA. In this article we discuss some of the issues raised by implementation of the PSDA in this setting. (shrink)

Proponents of assisted suicide who base their arguments on autonomy err in ways that are little attended to. In the absence of a substantive theory of the good, in neither a descriptive nor an ascriptive sense can the concept of autonomy distinguish those acts that should be morally prohibited from those that may be permitted. And to impose a particular theory of the good, whether individual liberty or the sanctity of life, violates the autonomy of those who do not share (...) a commitment to that theory. (shrink)

In this work, I investigate the nature of the alleged binding force of decisions and commitments on future conduct. Contrary to pretheoretical intuitions, decisions and commitments are not means for the control of future conduct. Future-directed commitments do not constrain future action by either imposing causal restraints, or modifying the future situation of choice, or providing a reason to act as originally decided. According to my theory commitments determine the agent's conduct only if renewed at the time of action. The (...) agent must take the original decision ex nihilo at the time of action. I argue that this renewal does not threaten either intrapersonal transtemporal coordination of conduct or engagement in temporally extended activities. If the agent can assume the stability of her rationality over time, she can anticipate her future decision and action without settling in advance what she will do. This anticipation is sufficient for coordination. When uncertainty about the future makes the anticipation of future decision impossible, the agent can make preparatory arrangements in advance that create conditions for the rationality of the future conduct. The effects of preparatory arrangements are compatible with genuine commitments provided that they are understood as directed to a temporally extended activity that begins with the arrangements, rather than to a distal momentary action. ;I then show how the Sartrean account can be applied to limited agents like us, who do not have sufficient resources to engage in the constant renewal of their past resolutions. The solution rests in the division of deliberative labor. At the time of action the agent might endorse a past assessment about her present conduct and make it executive, thereby avoiding the full rehearsal of the deliberation. ;I argue that the Sartrean account satisfies all pretheoretical desiderata about the nature of commitments and that it also dissolves the puzzled about the transmission of the force of reasons over time. Finally, I discuss the role of the assumption of the temporal stability of rationality and suggest that it is related to the question of the persistence of the agent over time. (shrink)

A common opinion is that power has shifted from states to companies. This article discusses quantitative and qualitative aspects of power possessed by companies and by states. A more adequate comparison than that between company sales and gross national product is the one between company value added and GNP. Also more adequate is the comparison between the public sector and company net profit. These rival measures take down company power to about a tenth of the sales measure. Also in qualitative (...) terms the "exit power" of the company gives a low impact compared to governmental action and the article concludes that company power by common measures is overestimated. However, the aggregated long-term effect of the market economy on the development of society is most significant. But it is a mistake to use that judgment as an argument for the opinion that business executives are the major power holders in modern societies. Perceptions of power also have an impact on which expectations and commitments that can be judged as realistic and therefore the issue of power is central for the normative discussion about corporate social responsibility. (shrink)

Democratic politicians face pressures unknown to the prerogative rulers of the early modern period when toleration was first formulated as a political ideal. These pressures are less often expressed as demands by groups or individuals for the permission of practices they dislike than for their restraint or outright prohibition; tolerant dispositions are less politically clamorous. The executive structure of toleration as a virtue, together with the ‘fact of reasonable pluralism’, make conflicts over toleration peculiarly intractable. Political conflicts are apt (...) to take the form of mutual allegations ofintolerance; indeed, the problem of ‘tolerating the intolerant’, far from being a marginal case, is central to the theory and practice of toleration. Toleration thus exemplifies a category mistake committed in much contemporary political theory, particularly in its contractualist versions: the threshold of the political lies precisely where rational agreement proves impossible. The main prospects for democratic toleration are thus pre-emptive. The main way in which this can happen is by cultivating executive dispositions: in other words, encouraging people to detach themselves from strong evaluative commitments, so that toleration does not become politically contentious to start with. But this involves losses as well as gains. The gains in civil harmony and peace are obvious. The cost for tolerant political actors is alienation from what they have good reason to value. (shrink)

This paper investigates, from a philosophical perspective, whether high functioning autists are legally responsible for the crimes they may commit. We do this from the perspective of the Croatian legal system. According to Croatian Criminal Law, but also criminal laws adopted in many other countries, the legal responsibility of the person is undermined due to insanity when two conditions are satisfied. The first may be called the incapacity requirement. It states that a person, when committing the crime, suffers cognitive or (...) volitional incapacities or limited capacities that are relevant for exculpation. The second, we may call the mental disorder requirement, which states that these exculpatory incapacities are due to the presence of a mental disorder. In this paper we focus on the incapacity requirement. The review of the studies on executive functions deficits associated with high-functioning autism suggests that many autists should not be held categorically responsible for the crimes they may commit. Nonetheless, we argue that these impairments in executive functions generally do not provide an unqualified excuse. (shrink)

This paper presents Multi-State Real-Time Bidirectional Search, a method that improves the efficiency of the heuristic search algorithm for finding approximate solutions. Real-Time A* is a representative heuristic search algorithm for finding approximate solutions. The Multi-State Commitment method was introduced into RTA* and dramatically improved the performance in problems such as the N-puzzle. As well, Real-Time Bidirectional Search also improved RTA* by changing a unidirectional search into a bidirectional one. This paper proposed a method that introduces MSC into RTBS. (...) The experimental results showed that compared with RTBS and MSC our proposed method, MSRTBS, improved executed time and solution quality in the N-Puzzle. (shrink)

The article emphasizes the importance of the Charter of Local Self-Government to the Lithuanian national legal system. Lithuania has ratified the Charter, not only acknowledged, but also committed to implement its provisions. The Charter consists of 13 items representing the essence of local self-government, which sets the content and is the principal purpose of local public. The principles should be not only a declaratory move into the national legal system, but also recognized as a state’s obligation to follow them. The (...) article analyzes the content of the Charter principles, their incorporation level in the national legal system. During the study noted that between the executive and local authorities are the differences of interpreting and dysfunctions implemented a few principles of the Charter: subsidiary and decentralization, local government financial autonomy and the freedom of formation executive local bodies. (shrink)

The place of evidence regarding joint commitment and plural action is mostly reserved for documents and explicit linguistic expressions. This paper considers the problem of evidence in cases of engaged (jointly committed) social acts where there is no explicit expression or binding document, yet can still be ascribed to a plural subject. The argument rests on the double meaning of the term factum as fact (factum brutum) and deed (factum practica), as well as contemporary debates about the topic of (...) fact of reason in Kant. The text seeks to show that in certain cases, the execution of an act or the obligation produced by it can be considered evidence of a plural subject. Thus, these facts deserve a special position in relation to scientific evidence. (shrink)

This paper deals with the question: what are the key requirements for a physical system to perform digital computation? Time and again cognitive scientists are quick to employ the notion of computation simpliciter when asserting basically that cognitive activities are computational. They employ this notion as if there was or is a consensus on just what it takes for a physical system to perform computation, and in particular digital computation. Some cognitive scientists in referring to digital computation simply adhere to (...) Turing’s notion of computability . Classical computability theory studies what functions on the natural numbers are computable and what mathematical problems are undecidable. Whilst a mathematical formalism of computability may perform a methodological function of evaluating computational theories of certain cognitive capacities, concrete computation in physical systems seems to be required for explaining cognition as an embodied phenomenon . There are many non-equivalent accounts of digital computation in physical systems. I examine only a handful of those in this paper: (1) Turing’s account ; (2) The triviality “account”; (3) Reconstructing Smith’s account of participatory computation ; (4) The Algorithm Execution account . My goal in this paper is twofold. First, it is to identify and clarify some of the underlying key requirements mandated by these accounts. I argue that these differing requirements justify a demand that one commits to a particular account when employing the notion of computation in regard to physical systems. Second, it is to argue that despite the informative role that mathematical formalisms of computability may play in cognitive science, they do not specify the relationship between abstract and concrete computation. (shrink)

Commitments of “getting to zero” or becoming a regenerative company are raising investor, customer, and employee expectations at a time when businesses are struggling just to reduce negative impacts. Executives are increasingly caught between wanting to build a better world and the reality of managing value‐add activities that continue to harm people and the environment.Businesses need to distinguish between three types of innovation impacts to maintain their credibility and legitimacy. The first is doing less harm, where the goal is to (...) minimize social wrongs and reduce ecological footprints. The second is incremental positive impact, where the goal is to increase prosperity, regenerate nature, and improve wellbeing through initiatives that are typically of limited scope. The third is system‐wide positive impact, where scalable business innovations have a discernible capacity to “move the needle” on social and global challenges such as climate change and social equity.This conceptual paper provides a framework for assessing business innovations by type of impact and the high‐leverage points needed to create desired change at the scale of the whole. (shrink)

According to an influential view, the detection of action possibilities and the selection of a plan for action are two segregated steps throughout the processing of visual information. This classical approach is committed with the assumption that two independent types of processing underlie visual perception: the semantic one, which is at the service of the identification of visually presented objects, and the pragmatic one which serves the execution of actions directed to specific parts of the same objects. However, as our (...) knowledge of vision has improved over the years, this established view has turned out to be only an approximation. This paper sets out the details of a non-modularist approach to visual perception of action possibilities and explains how to resist the lure of cognitive segregation. (shrink)

After Lavoisier's execution, the leading French chemists were Antoine-François Fourcroy , Louis-Bernard Guyton de Morveau and Claude-Louis Berthollet . At the beginning of the nineteenth century, Berthollet introduced a new conception of chemical change that challenged the theory of elective affinities which had dominated chemistry for nearly a hundred years. Berthollet's new affinities raised controversy among chemists and had to coexist with the firmly established theory of elective affinities. Apart from the public debate in research articles, Berthollet's affinities also had (...) to compete with the influence of Fourcroy and his school in the textbook market. This paper seeks to assess the extent to which French textbooks published at the beginning of the nineteenth century were committed to Berthollet's innovation, and how they contributed to its marginalization. (shrink)

When reflecting on the nature of skilled action, it is easy to fall into familiar dichotomies such that one construes the flexibility and intelligence of skill at the level of intentional states while characterizing the automatic motor processes that constitute motor skill execution as learned but fixed, invariant, bottom-up, brute-causal responses. In this essay, I will argue that this picture of skilled, automatic, motor processes is overly simplistic. Specifically, I will argue that an adequate account of the learned motor routines (...) that constitute embodied skills cannot be given in a purely bottom-up, brute-causal fashion. Rather, motor control is intelligent all the way down. To establish this, I will first review two recent accounts of skill, Stanley and Krakauer and Papineau, which characterize the automatic motor control responsible for the fine-grained movements constitutive of motor skill as brute, low-level phenomena. I will then isolate five key features that should apply to skilled motor control, if these accounts are correct. Together, the accounts posit that motor control is: ballistic, invariant, independent of general action trajectories, Insensitive to semantic content, and independent of personal-level intentions. In the final section of this paper, I will appeal to optimal control theory for empirical evidence to challenge the commitment to skilled action as qualified by the above features. (shrink)

What makes someone responsible for a crime and therefore liable to punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, (...) meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution. Building upon the analysis of criminal responsibility in her previous book, Women, Crime, and Character, Lacey investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century. Through a combined philosophical, historical, and socio-legal approach, this volume evidences how the theory behind criminal responsibility has shifted over time. The character and outcome responsibility which dominated criminal law in the 18th Century diminished in ideological importance in the following two centuries, when the idea of responsibility as founded in capacity was gradually established as the core of criminal law. Lacey traces the historical trajectory of responsibility into the 21st Century, arguing that ideas of character responsibility and the discourse of responsibility as founded in risk are enjoying a renaissance in the modern criminal law. These ideas of criminal responsibility are explored through an examination of the institutions through which they are produced, interpreted and executed; the interests which have shaped both doctrines and institutions; and the substantive social functions which criminal law and punishment have been expected to perform at different points in history. (shrink)

People often do things together and form groups in order to get things done that they cannot do alone. In short they form a collectivity of some kind or a group, for short. But if we consider a group on the one hand and the persons that constitute the group on the other hand, how does it happen that these persons work together and finish a common task with a common goal? In the philosophy of action this problem is often (...) solved by saying that there is a kind of collective intention that the group members have in mind and that guides their actions. Does such a collective intention really exist? In this article I’ll show that the answer is “no”. In order to substantiate my view I’ll discuss the approaches of Bratman, Gilbert and Searle on collective intention. I’ll put forward four kinds of criticism that undermine the idea of collective intention. They apply mainly to Bratman and Gilbert. First, it is basically difficult to mark off smaller groups from bigger unities. Second, most groups change in membership composition over time. Third, as a rule, on the one hand groups are internally structured and on the other hand they belong to a larger structure. It makes that generally it cannot be a collective intention that moves the actions of the members of a group. Fourth, conversely, most individual actions cannot be performed without the existence of a wider context of agents who support these actions and make them possible. My critique on Searle mainly involves that in his approach his idea of collective intention is superfluous and that he is not radical enough in his idea that collective action is based on coordinated individual intentions and actions. However, it is a good starting point for showing how collective action actually functions, especially when combined with Giddens’s structuration theory. Every agent in a group executes his or her own individual intentions, relying on what the group offers to this agent and asks from him or her. In this way individual actions of the members of a group are coordinated and it makes that the group can function and that its goals can be performed. And in this way the group is produced and reproduced by fitting individual actions together. An individual agent who belongs to a group only needs to know what s/he wants and what s/he has to do in the group, even if s/he has no knowledge of the intentions and commitments of the other members. Then he or she can do things together with others in a group without supposing that there is something like a collective intention. (shrink)

In this study, we propose considering membership in the Ethics Officer Association (EOA) as a proxy for the firm's commitment to ethical decision making, and we analyze the influence of firm- and CEO-specific characteristics on this commitment. While we observe a positive relationship between membership and firm size, we also document a negative relationship between EOA membership and the executive's time in position and, to a more modest extent, accounting returns. Pursuing this further, we present evidence that (...) firms with past legal issues may seek EOA membership as a signal of their intention to be compliant in the future. (shrink)

A well-known common wisdom asserts that strong social bonds undermine delinquency. However, there is little empirical evidence to substantiate this assertion regarding adolescence academic cheating across cultures. In this study, we adopt social bonding theory and develop a theoretical model involving four social bonds and adolescence self-reported academic cheating behavior and cheating perception. Based on 913 adolescents in France and China, we show that parental attachment, academic commitment, and moral values curb academic cheating; counterintuitively, peer involvement contributes to cheating. (...) We test our theoretical model across culture and gender, separately, using multi-group analyses. For French teens, peer involvement encourages and moral values undermine cheating; for Chinese adolescents, all four social bonds contribute to cheating, similar to the whole sample. For girls, parental attachment deters, but peer involvement enhances cheating. For boys, parental attachment is the only social bond that does not affect cheating. We treat social integration as a mediator of the relationship between peer involvement and social bonds that construct, in turn, is related to cheating and ask: Considering popularity, who are likely to cheat? Our answers provide an interesting paradox: Popularity matters, yet popular French girls and unpopular Chinese boys are likely to cheat. Social sharing is a positive pro-social behavior in consumer behavior. However, academic cheating and rule breaking, reflecting self-serving altruism and the red sneakers effect, at a very young age may have the potential to grow into the Enron Effect later in their lives as executives in organizations. We shed new lights on both the bright and dark sides of social bonds on cheating, demonstrate bad company corrupts good morals, differently, across culture and gender, and provide practical implications to social bonding, business ethics, and cheating. (shrink)

Recent events have raised concerns about the ethical standards of public and private organisations, with some attention falling on business schools as providers of education and training to managers and senior executives. This paper investigates the nature of, motivation and commitment to, ethics tuition provided by the business schools. Using content analysis of their institutional and home websites, we appraise their corporate identity, level of engagement in socially responsible programmes, degree of social inclusion, and the relationship to their ethics (...) teaching. Based on published research, a schema is developed with corporate identity forming an integral part, to represent the macro-environment, parent institution, the business school and their relationships to ethics education provision. This is validated by our findings. (shrink)

In this study, we propose considering membership in the Ethics Officer Association (EOA) as a proxy for the firm's commitment to ethical decision making, and we analyze the influence of firm- and CEO-specific characteristics on this commitment. While we observe a positive relationship between membership and firm size, we also document a negative relationship between EOA membership and the executive's time in position and, to a more modest extent, accounting returns. Pursuing this further, we present evidence that (...) firms with past legal issues may seek EOA membership as a signal of their intention to be compliant in the future. (shrink)

Most authors who discuss willpower assume that everyone knows what it is, but our assumptions differ to such an extent that we talk past each other. We agree that willpower is the psychological function that resists temptations – variously known as impulses, addictions, or bad habits; that it operates simultaneously with temptations, without prior commitment; and that use of it is limited by its cost, commonly called effort, as well as by the person's skill at executive functioning. However, (...) accounts are usually not clear about how motivation functions during the application of willpower, or how motivation is related to effort. Some accounts depict willpower as the perceiving or formation of motivational contingencies that outweigh the temptation, and some depict it as a continuous use of mechanisms that interfere with re-weighing the temptation. Some others now suggest that impulse control can bypass motivation altogether, although they refer to this route as habit rather than willpower.It is argued here that willpower should be recognized as either or both of two distinct functions, which can be calledresolveandsuppression. Resolve is based on interpretation of a current choice as a test case for a broader set of future choices, which puts at stake more than the outcome of the current choice. Suppression is inhibiting valuation of (modulating) and/or keeping attention from (filtering) immediate alternatives to a current intention. Perception of current choices as test cases for broader outcomes may result in reliable preference for these outcomes, which is experienced as an effortlesshabit– a successful result of resolve, not an alternative method of self-control. Some possible brain imaging correlates are reviewed. (shrink)

Elsewhere I have argued that standard theories of linguistic competence are committed to taking seriously talk of “representations of” standard linguistic entities (“SLEs”), such as NPs, VPs, morphemes, phonemes, syntactic and phonetic features. However, it is very doubtful there are tokens of these “things” in space and time. Moreover, even if were, their existence would be completely inessential to the needs of either communication or serious linguistic theory. Their existence is an illusion: an extremely stable perceptual state we regularly enter (...) as a result of being stimulated by the wave forms we regularly produce when we execute our intentions to utter such tokens (a view I call “Folieism”). In his Ignorance of Language, Michael Devitt objects to this view, arguing that, “On Rey’s view, communication seems to rest on miraculous guesses.” I argue here that my view is not prey to his objections, and actually affords a scientifically more plausible view than his “empiricist” alternative. Specifically, I reply to his objections that my view couldn’t explain the conventionality of language and success of communication (§2.1), that I am faced with intractable difficulties surrounding the identity of intentional inexistents (§2.2), and that, contrary to my view, SLEs can be relationally defined (§2.3). Not only can Folieism survive Devitt’s objections, but (§3) it also provides a more satisfactory account of the role of linguistic intuitions than the “empirical” account on which he insists. (shrink)

Individual and/or co-offenders fraudulent activities can have a devastating effect on a company’s reputation and credibility. Enron, Xerox, WorldCom, HIH Insurance and One.Tel are examples where stakeholders incurred substantial financial losses as a result of fraud and led to a loss of confidence in corporate dealings by the public in general. There are numerous theoretical approaches that attempt to explain how and why fraudulent acts occur, drawing on the fields of sociology, organisational, management and economic literature, but there is limited (...) empirical evidence published in accounting literature. This qualitative inductive study analyses perceptions and experiences of forensic accountants to gain insights into individual fraud and co-offending in order to determine whether the conceptual framework developed from literature accurately depicts the causes of fraud committed by individuals and groups in the twenty-first century. Findings from the study both support and extend the conceptual framework, demonstrating that strain and anomie can result in fraud, that deviant sub-groups recruit and coerce members by providing relief from strain, and that inadequate corporate governance mechanisms both contribute to fraud occurring, and provide the opportunity for fraudulent activities to be executed and often remain undetected. Additional factors emerging from this study were also identified as contributors to fraud, particularly relevant to the twenty-first century, and consequently, a refined conceptual framework is presented in the discussion and conclusion to the paper. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Future Directions for Oversight of Stem Cell Research in the United States: An UpdateMary A. Majumder (bio) and Cynthia B. Cohen (bio)On 9 March 2009, President Barack Obama (2009a) signed an executive order revoking the statement issued by President George W. Bush during a televised speech in August 2001, in which the latter had sharply restricted the scope of federally funded human embryonic stem cell (hESC) research to (...) cell lines derived (without federal funding) prior to 9:00 P.M. EDT on 9 August 2001. Action by President Obama to remove the cut-off date had been expected. It came as a surprise, however, that he gave authority to determine the scope of eligible research to the Director of the National Institutes of Health (NIH), referencing only general concerns of responsibility, scientific worth, and legality.1 This contrasted not only with the approach of former President Bush, but also with that of former President Clinton, who had expressed personal opposition to the creation of embryos for research and had a distinction between hESCs derived from embryos created for research and those derived from spare embryos enshrined in NIH policy.President Obama’s remarks upon signing the executive order give some insight into the thinking behind his approach. Implicit in them are the views that earlystage human embryos outside the womb do not have full moral status and that the destruction of human embryos in the effort to care for and ease the suffering of human beings who do have full moral status does not devalue human life. The President also stressed that the decision to pursue hESC research reflected not only his opinion, but also a broad social consensus. He concluded with strong ethical commitments on two fronts:We will develop strict guidelines, which we will rigorously enforce, because we cannot ever tolerate misuse or abuse. And we will ensure that our government never opens the door to the use of cloning for human reproduction. It is dangerous, profoundly wrong, and has no place in our society, or any society.(Obama 2009b)The specific guarantee that President Obama gave against government support for the development of cloning techniques for human reproductive purposes made his silence on the use of cloning for research seem significant. Comments he had made in the course of the campaign (Obama 2008) suggested that he would affirm [End Page 195] the Clinton-era policy of limiting federal funding to hESCs derived from spare embryos. Did this silence mean that President Obama was opening the door to federal funding of research cloning when and if scientists might manage that feat?2009 NIH GuidelinesThe answer to this question and several others came on 17 April, when Raynard Kington, the acting director of NIH, released Draft NIH Guidelines for Human Stem Cell Research (NIH 2009), developed by an NIH Stem Cell Task Force, along with a request for public comment within 30 days of their publication in the Federal Register.2 The 2009 Draft Guidelines exclude from federal funding the derivation of hESCs, a restriction mandated by the reenactment of the Dickey-Wicker Amendment as part of the 2009 Omnibus Appropriations Act (Public Law 111-8, Division F, Title V, § 509). The 2009 Draft Guidelines also exclude the use of hESCs derived from embryos created for research purposes, and so represent a refusal to open the funding door as broadly as the NIH interpretation of the Dickey-Wicker Amendment might allow, at least for the time being.It appears that the drafters used as their starting point the 2000 NIH Guidelines for Research Using Human Pluripotent Stem Cells (NIH 2000) dating from the Clinton Administration, rather than more recent guidelines from the National Academy of Sciences (National Research Council 2005; 2007; 2008) and other private bodies. Both the format and content of the 2000 and 2009 NIH efforts are similar, making the departures in the latter stand out in high relief. We highlight departures related to informed consent to embryo donation, creation of human-nonhuman chimeras, and the role of an NIH task force, updating our original comment (Cohen and Majumder 2009).Informed Consent to Embryo DonationThe 2009 NIH Draft Guidelines require that certain statements... (shrink)

The temporal period between the moment of deliberation and the execution of the intention varies widely—from opening an umbrella when one feels the first raindrops hit to planning and writing a book. I investigate the distinctive ability that adult human beings have to deliberate for their far future selves exhibited at the latter end of this temporal spectrum, which I term prospective deliberation. What grounds it when it is successful? And, why does it fail in some cases? I shall argue (...) that an agent is warranted in deliberating for a future self when her reasons give her the right kind of cross-temporal authority. I argue that this authority is distinctive and cannot be accounted for by theories of agential authority that take desires, value judgments, or willings as the ground of authority in standard cases of deliberation. According to the theory I propose having the right kind of cross-temporal agential authority is not only a matter of having epistemic access to a future self’s reasons or being the same metaphysical person as a future self, it requires confidence that the agent’s reasons support undertaking such a normative commitment and that that future self will see the normative force of those reasons as the agent sees them. In other words, cross-temporal agential authority requires that the past self and the future self share a normative perspective. I show that this further condition only obtains if the agent sees her reasons in deliberation as having certain features. (shrink)

People talk not only to others but also to themselves. The self talk we engage in may be overt or covert, and is associated with a variety of higher mental functions, including reasoning, problem solving, planning and plan execution, attention, and motivation. When talking to herself, a speaker takes devices from her mother tongue, originally designed for interpersonal communication, and employs them to communicate with herself. But what could it even mean to communicate with oneself? To answer that question, we (...) need a theory of communication that explains how the same linguistic devices may be used to communicate with others and oneself. On the received view, which defines communication as information exchange, self talk appears to be an anomaly, for it is hard to see the point of exchanging information with oneself. However, if communication is analysed as a way of negotiating commitments between speaker and hearer, then communication may be useful even when speaker and hearer coincide. Thus a commitment-based approach allows us to make sense of self talk as well as social talk. (shrink)

Family firm philanthropy (FFP) is the donation of resources to support societal betterment in ways meaningful for the controlling family. Family business literature suggests that socioemotional goals of achieving family prominence, harmony, and continuity drive FFP. However, these drivers fail to explain spiritually motivated philanthropic behaviors like anonymous giving by business families. 14 case studies of Indian Hindu business families with a combined FFP exceeding 2 billion INR in 2016–17 reveal spirituality or the moral dimension as an additional important driver (...) of corporate behaviors like FFP. Two fundamental spiritual beliefs of dharma (duty towards society) and karma (right to action without expectation of rewards) instill a duty-bound giving culture in Hindus. However, the strength of each belief varies in controlling families revealing four configurations of philanthropists labeled as Devout, Committed, Devoid, and Coerced in this study. Devouts, the biggest givers, are spiritually motivated, controlled by at least third-generation family members with executive power and professional support. Committed philanthropists are motivated by societal development rather than spirituality. While devoids hold spiritual beliefs, they neglect to devote appropriate resources or develop professional structures to support FFP. Coerced, the smallest givers, focus on business growth, lack family champions or supporting professional structures, and face turbulent family or business domains. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Legal CommentaryGreg Vijayendran, PartnerThe issues arising for consideration in this case are:a). the nature of the investigator-subject relationship that gives rise to an ethical duty to disclose incidental findings;b). whether the research team in this case (including the principal investigator and co-investigator) has a duty to disclose the incidental finding observed to the research volunteer; andc). whether the research team has a further ethical duty to ensure that the (...) MRI scans are clinically evaluated to identify potential health problems.The starting point is to define “incidental findings” for clarity and precision. A good working definition of the same is “a finding concerning an individual research participant that has potential health or reproductive importance and that is discovered in the course of conducting research but is beyond the aims of the study”.1With regard to incidental findings, Miller, Mello and Joffe in an insightful article2 observe:… there is little ethical guidance available to steer such efforts, and practices appear to vary widely. Although several articles have catalogued the ethical dilemmas surrounding incidental findings, with the exception of seminal work by Henry Richardson and Leah Belsky on the more general topic of researchers’ obligations to provide ancillary clinical care to research subjects, systematic ethical analysis of the incidental findings problem is lacking.In this case scenario, there is no concurrent, overlapping physician-patient relationship (even if the research subjects were recruited from patients at the hospital’s memory clinic) that might provide an alternative [End Page 274] source of obligations relating to incidental findings. No representations have been made by the research team to the patient-volunteers. The patient-volunteers did not opt to be kept in the know as to incidental findings. Neither did they express a preference not to be informed of such findings. Had they done so, such a choice would presumably absolve the research team from keeping the patient-volunteers informed. From an autonomy perspective, there is no compelling reason why such a choice by a patient-volunteer should not be honoured.One view of the first issue outlined above is that the relationship between a research investigator and a research subject is founded in contract. On that premise, investigators have no default obligations, only what is expressed or implied in the terms of the “contracts” for recruiting volunteers. The relevant documents and data to be analysed would be the “contracts” executed by the parties and the informed consent form as well as interactions and iterations between investigators and patient-volunteers. Of particular significance would be representations made by the investigators that could form part of the terms of the contract. Apart from express terms, there would also be some rare implied terms — for example, an implied term of good faith although this has only been recognised in certain sui generis categories of contracts (for example, insurance contracts). Adopting this perspective strips away any fiduciary or professional aspects of the relationship and reduces the relationship to nothing more than a contractual one. Such a view relies on the legal relationship as a springboard for the ethical duties although this perspective would be reductive because very few implied duties are presumed. Unless incidental findings fall within the terms of the contract, investigators are under no obligation to respond to them. In the final analysis, the main objection to this contractual perspective is that it conflates legal duties with ethical duties when these two distinct types of obligations which investigators and a research team have to elucidate.An alternative approach involves a focus on professional relationships. Concepts of incidental findings and ancillary care presume some sort of professional relationship pursuant to which the findings are analysed as incidental or the care is determined as ancillary. “Professionals” refer to persons who are usually distinguished by their specialised knowledge and training as well as by their commitment to provide important services to patients, clients or consumers.3 Professional relationships are often, but not always, characterised by a service role, sometimes involving a fiduciary relationship.Although researchers cannot be viewed as having a service role vis-à-vis individual subjects, it is reasonable [End Page 275] to regard research as a professional activity. Researchers possess... (shrink)

People are living, breathing creatures. Dominant feminist discourses are situated within hegemonic human exceptionalism which, by framing the body in terms of human forms of meaning-making and social life, eschews first-order embodiment as worthy of inquiry. Here, well-known reasons for avoidance of “the biological” are briefly summarized and an argument is advanced for meta-theoretical centering of creatureliness. A three-pronged agenda is proposed that embraces the creaturely body without the “-isms” and “-izings” that subvert feminist commitments. By unsettling HHE, executing the (...) agenda would promote broader feminist coalitions and new scholarly collaborations aimed at fleshing out gender. (shrink)

Ethical scandals in business are all too common. Due to the increased public awareness of the transgressions of business executives and the potential costs associated with these transgressions, ethical leadership is among the top qualities sought by organizations as they hire and promote managers. This search for ethical leaders intersects with a labor force that is becoming more racially diverse than ever before. In this paper, we propose that the ethical leadership qualities of business leaders may be perceived differently depending (...) upon the race of the leader. Using two experimental studies in the USA, we examine the difference in ethical leadership perceptions between a Black hypocritical CEO and an ethical CEO. Next, we consider a Black ethically ambiguous CEO and an ethical CEO. The findings indicate that a Black leader faces larger negative impact in hypocritical and ambiguous conditions than a similar White leader. There were no significant race effects in the ethical conditions in which a leader demonstrated a personal commitment to ethics through words or actions. We discuss the implications of these findings. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Socrates' Trial and Conviction of the Jurors in Plato's ApologyDougal BlythI am going to argue in this paper that, in the three speeches constituting his Apology of Socrates, Plato presents the judicial proceedings that led to Socrates' execution as having precisely the opposite significance to their superficial legal meaning. This re-evaluation will lead to some reflections on the politics of Socrates' defence, and, similarly, on Plato's own aims in (...) writing the Apology. I want to show not only that the trial as portrayed demonstrates an inevitable dereliction of duty by the democratic jury, but also, more interestingly, that throughout the proceedings Socrates understands the meaning of the trial precisely in terms of his anticipation of the jurors' judicial incapacity.In the prooimion to his defence speech, Socrates requests that the jurors ignore his manner of speaking and concentrate on whether his case is just, "since this is a judge's virtue (), while that of a rhêtôr is to speak the truth" (18a5-6, cf. 35c2-5). We can gloss the expression "a judge's aretê" in this context as his function, or responsibility.1 Socrates claims that he, himself, fulfills his own responsibility as a defendant to tell the truth (17b4-c4, 33c1-2, cf. 34b5, 35b9-c2) in a speech that asserts his exemplary piety in Apollo's service and his beneficial influence on the Athenian youth. But if, in claiming that he is innocent of the charge, Socrates does tell the truth, then those jurors who thereupon convict him of impiety and corruption, and subsequently sentence him to death, have failed in their duty to judge rightly.My claim is that Socrates sees the trial as a test of the jurors' abilities. It is characteristic of Socrates to test people regarding their concern for virtue and justice, a habit to which he devotes extended discussion during his defence, even dramatising it provocatively in a central passage (29d7-e5) that I aim shortly to analyse in detail. Moreover, Socrates specifically withholds from the jury the title of dikastai or judges; he does finally award the title in his address following the sentence, but only to those who have voted [End Page 1] to acquit him (40a2-3).2 The possibility thus emerges that Socrates has treated the legal proceedings all along as a moral (and intellectual) test, or trial, of the empanelled jurors themselves, to see whether they are capable of the legal function to which they have been allotted. In that case, Socrates is putting on trial, not just those individual citizens, but the very legal system of democratic Athens.Socratic irony and truthfulnessBefore considering Socrates' own explicit judgement during those final remarks on the jurors' moral offence and punishment, I should first address briefly the issue of Socrates' irony. In the past, some writers have asserted that this irony involves him in not telling the truth about himself during his defence, in which case the jury might well have been justified in convicting him. Actually, there does seem to be a consensus among the more extended treatments of the Apology that have emerged during the last decade, at least on the point that Plato presents Socrates as committed to making as sincere an attempt at a defence of his case as is consistent with his philosophical commitment to virtue, and so to telling the truth.3I shall not re-argue this point in detail, but shall take it to be secured by two basic considerations: consistency with the Crito would require Socrates to recognise a legal obligation to make a sincere attempt at defence while his obligation to Apollo to continue his mission in Athens if possible would motivate that attempt with the goal of acquittal.4 Instead, I want to show what role irony does have in Socrates' defence, given that his principled law-abidingness requires him to attempt to persuade the jury, in accordance with truth and justice, that he is innocent (cf. 19a6-7, 18a7-b1, 18e5).Where Socrates acknowledges the obligation to defend himself, he remarks on the difficulty he faces, a difficulty that has resulted from the slander to which he has long... (shrink)