In this paper I attempt to o f fer a concept of discretion and to an a l yse the forms of control that can be e x ercised in this matte r . F rom the concept of l e g al ce r taint y , w e can obse r v e h o w discretion eme r ges in those cases that are e n visaged b y the norms and in the so called hard cases. (...) F requent l y it is maintained h o w e v e r , that, the on l y limit on discretion can be found in arbitrariness and that, apa r t from that, a n y decision w ould be co r rect. This could result in e xcluding discretiona r y decisions from l e gal control. A g ainst this opinion, there are authors that think that l e gal control of discretionary decisions is possi b le because th e y defend the e xistence of on l y one co r rect an sw e r . Other authors reject the e xistence of on l y one co r rect an sw er or the possibility of f inding it. N e v er theless, e v en accepting that there are some aspects of discretiona r y decisions that do not der i ve from l e gal no r ms bu t from personal preferences, those preferences must be coherent with some theo r y that contains no r mat i v e l y co r rect criteria. These criteria must be as coherent as possi b le with the dominant system of v alues in the socie t y. (shrink)

The sharing of research data is now mandated by some funders to encourage openness and integrity in science, to ensure efficient use of research funds, and to provide training resources. Although data sharing has a long history in some parts of science, the full range of possibilities and challenges it offers are only now becoming apparent in the social sciences. This article (a) examines what may be entailed in sharing documented data, (b) provides a historical perspective on data sharing, (c) (...) describes some of the creative and successful data-sharing relationships that have occurred in the social sciences, and (d) discusses some of the main concerns of social scientists with respect to sharing their data and how these concerns might be resolved. (shrink)

Does the “free market” foster more freedom for individuals generally and less coercion? Libertarians and other market advocates argue that the unfettered market maximizes freedom and hence has less coercion than any feasible alternative. Welfare liberals, Socialist, and Marxists, in different ways, argue against the claim that the unrestricted market maximizes freedom generally. Both supporters and critics agree that coercion undermines freedom and that that is what is ultimately prima facie wrong with it. Further, they agree that the extent to (...) which an economic system includes coercion provides a serious strike against it. The problem is that there is little consensus on the necessary conditions for coercion. In this paper I will be concerned with the nature of coercive relationships in the market. Market interactions have a particular character and occur within a specific institutional framework. Other accounts of coercion have failed to capture the unique character of coercion in the market because they have failed to take into account certain nontrivial facts about the market which are essential to the analysis of coercive market relations. (shrink)

Superstrong cardinals are never Laver indestructible. Similarly, almost huge cardinals, huge cardinals, superhuge cardinals, rank-into-rank cardinals, extendible cardinals, 1-extendible cardinals, 0-extendible cardinals, weakly superstrong cardinals, uplifting cardinals, pseudo-uplifting cardinals, superstrongly unfoldable cardinals, Σn-reflecting cardinals, Σn-correct cardinals and Σn-extendible cardinals are never Laver indestructible. In fact, all these large cardinal properties are superdestructible: if κ exhibits any of them, with corresponding target θ, then in any forcing extension arising from nontrivial strategically <κ-closed forcing Q∈Vθ\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} (...) \setlength{\oddsidemargin}{-69pt} \begin{document}$${\mathbb{Q} \in V_\theta}$$\end{document}, the cardinal κ will exhibit none of the large cardinal properties with target θ or larger. (shrink)

This article, drawing on selected feminist magazines of the 1980s, particularly Feminist Arts News (FAN) and GEN, offers a textual ‘braiding’ of narratives to re-present a history of Black British feminism. I attempt to chart a history of Black British feminist inheritance while proposing the politics of (other)mothering as a politics of potential, pluralistic and democratic community building, where Black thought and everyday living carry a primary and participant role. The personal—mothering our children—is the political, affording a nurturing of alterity (...) through a politics of care that is fundamentally antiracist and antisexist. I attempt to show how Black feminist thought can significantly contribute to democracy in the present and how Black British history and thought, as fundamentally antiracist and anticolonial, can generate a reinvention much needed in the present of a shared British history. I argue for feminist intervention premised upon a politics of care, addressing through activist mothering the urgency of Black absence from prestigious institutions. Such debilitating absence in Britain inhibits the development of scholarship, distorts feminist history and seriously concerns potential Black feminists. From diverse texts, I develop a genealogical narrative supplemented through memory work. This ‘gathering and re-using’ privileges Black women's theorising as a crucial component of the methodological metissage, which includes auto-theorising to develop ideas of resemblance in relation to Black British feminism and feminist kinship. The resultant ‘braiding’, I suggest after Lionnet, questions the absence of intersubjective spaces for reflection on Black British feminist praxis, indicating a direction for British feminists of all complexions. Attentive to the 1980s as historical context while invoking the maternal, I consider what is required to engage generationally, counterwrite the academy and pursue a dynamic process of transformation within a transnational feminism that challenges Black British absence from academic knowledge production, while nurturing its presence. (shrink)

This study considers the potential for influencing business students to become ethical managers by directing their undergraduate learning environment. In particular, the relationship between business students’ academic cheating, as a predictor of workplace ethical behavior, and their approaches to learning is explored. The three approaches to learning identified from the students’ approaches to learning literature are deep approach, represented by an intrinsic interest in and a desire to understand the subject, surface approach, characterized by rote learning and memorization without understanding, (...) and strategic approach, associated with competitive students whose motivation is the achievement of good grades by adopting either a surface or deep approach. Consistent with the hypothesized theoretical model, structural equation modeling revealed that the surface approach is associated with higher levels of cheating, while the deep approach is related to lower levels. The strategic approach was also associated with less cheating and had a statistically stronger influence than the deep approach. Further, a significantly positive relationship reported between deep and strategic approaches suggests that cheating is reduced when deep and strategic approaches are paired. These findings suggest that future managers and business executives can be influenced to behave more ethically in the workplace by directing their learning approaches. It is hoped that the evidence presented may encourage those involved in the design of business programs to implement educational strategies which optimize students’ approaches to learning towards deep and strategic characteristics, thereby equipping tomorrow’s managers and business executives with skills to recognize and respond appropriately to workplace ethical dilemmas. (shrink)

Deux constats sont à l'origine de ce livre. Le débat dans le monde académique autour du lien entre religions, sciences et espace public semble s'être fixé sur l'idée de 'post-sécularité'. Or, sous couvert de rendre les sociétés plus hospitalières aux religions, cette idée profite essentiellement à des courants politico-religieux absolutistes et fondamentalistes. Et la solide expertise francophone qui s'est développée sur le philosophe américain John Dewey (1859-1952) néglige trop souvent ses nombreux écrits consacrés à la critique des religions. Joan (...) Stavo-Debauge retrace donc la généalogie de l'idée de 'post-sécularité' et détaille les méfaits qu'elle peut masquer, comme les mobilisations contre l'avortement, les droits des personnes LGBT, l'expertise scientifique ou encore les politiques écologiques. Il s'appuie ensuite sur les écrits de John Dewey pour remettre au jour la pleine puissance de sa critique des religions fondée sur une pensée naturaliste et pragmatiste et la présenter comme un antidote efficace aux fondamentalismes religieux. (shrink)

This paper is the introduction to the Special Issue with a selection of papers presented at the 21st IESE International Symposium on Ethics, Business and Society, held in Barcelona, Spain, in July 2021. The Symposium focused on the future of work and how to promote dignity and human flourishing. This editorial introduction emphasizes how work has been studied over the centuries and how new directions have been considered in recent times. We suggest that dignity and human flourishing are particularly relevant (...) in the current context and for the future of work. Finally, the papers that make up this special issue are introduced and summarized. (shrink)

This paper intends to make a revision of the academic literature that focuses social responsibility from a strategic view. In line with the previous ideas, the aim of this paper is to add itself to the group of researches that conceive CSR as an integral part of the business strategy. For this purpose it focuses on studying those relationships that may exist between the firm’s Business Strategy (BS) and the Social Strategy (SS). Based on the assumption that CSR can be (...) strategic to the company and that its application will be based on a social strategy, this research project, wishes to study the way in which it is considered and understood in relation to the business strategy. (shrink)

This paper advances a criticism of Parsons' notion of truthmaker grounded on the notion of supervenience. I argue that none of the two naturalinterpretations of Parsons' definition succeeds in accomplishing the several tasks intended by Parsons.

Civic engagement in the form of social and moral awareness projects has grown in popularity among higher education practitioners in the past decades, and even more among business schools as a response to the many embarrassingly self-centered business CEO acts in recent years. Research thus far shows a wide variety of advantages tied to social and moral awareness projects, varying from greater understanding of students about the needs in society, and improved connections between the sponsoring institution and the community, to (...) more focus in students’ selection of future careers, and greater personal and professional emotional intelligence levels among these students. This article reviews the achievements of 156 undergraduate and graduate business students in regards to their social and moral responsibility projects, and the preferences they displayed in selecting the topics of these projects. (shrink)

Sophia De Morgan’s Memoir of Augustus De Morgan highlights the difficulty of creating a unified picture of a scientific life. It also provides a critical perspective from which to view the chronological development of the modern “scientist” from the eighteenth through the twentieth centuries.

The Silent Scream, a videotape which includes footage of a real time sonogram of an abortion in progress, has been receiving considerable attention in America as the anti-abortion movement’s latest argument. The tape has been enthusiastically endorsed by President Reagan and has been distributed to every member of Congress and to each of the Supreme Court justices. It is produced and narrated by Bernard N. Nathanson, a practicing obstetrician and gynecologist, and it includes a number of implicit and explicit claims (...) which are highly controversial. Chief among these are: (1) the claim that since we can draw no morally significant line during the stages of fetal development, the fetusmust be recognized as a person from conception onward, (2) the claim that the film is a high tech, state of the art proof that abortion is the brutal murder of an innocent human being, (3) the claim that in abortion the fetus experiences terror and pain, and (4) the claim that as long as abortion is legal, showing this film (or one relevantly similar) must be made part of the informed consent procedure for abortion. My purpose in this paper is to examine these claims to see if The Silent Scream adds anything to the moral case for making abortion illegal. I give particular attention to two claims which are seldom addressed in the abortion debate, viz., that the fetus experiences terror and pain during an abortion, and that women have not had the information they need (but which this film provides) to give an adequately informed consent to abortion. Since there is so much confusion in the abortion debate, and since this film trades on that confusion, my broader purpose is to add some clarificationto the public discussion of this issue, which is daily becoming a more divisive issue of public policy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:diacritics 30.1 (2000) 49-77 [Access article in PDF] The Time of the King Gift and Exchange in Zorrilla's Don Juan Tenorio Joan Ramon Resina There is something paradoxical about José Zorrilla's revision of the Don Juan legend, a certain contradiction between the play's structure and the logic of the action. The character of the protagonist, the form and implications of Don Juan's salvation, the strategies and temporality of (...) seduction, even the play's generic status--all come under the law of self-cancellation. And so does the historical time in which the play is set: the time of absolute monarchy. The proportionality between terrestrial and eschatological time, organic to the play's Golden Age precursor, 1 is strangely neutralized in Zorrilla's work through an expanding temporality without equivalent in the afterlife; and the same is true of the king's dramatic role through his removal from the scene, which he regulates nonetheless as deus ex machina of the social edifice.A nineteenth-century reader, Francesc Pi i Margall, remarked that "Zorrilla hace a Don Juan escéptico o creyente según lo van exigiendo las peripecias de su drama, y merced a esa indeterminación del carácter, le pone repetidamente en contradicción consigo mismo" (Zorrilla makes Don Juan a skeptic or a believer depending on the drama's events, and by virtue of this indeterminacy, he brings his character repeatedly into contradiction with himself) [204]. This indeterminacy affects not only the libertine's relation to religion but also the doctrinal coherence of the play, which has been the object of debate [see Mazzeo; Abrams; Wang; Romero]. Others, curiously, detect a contradiction between the play's sound theological conception and the author, who "quizá no sabe apenas nada de teología" (perhaps knows next to nothing about theology) [Alberich 16]. Yet not only Don Juan's piety but also his seductions appear self-annulling. For Luis Fernández Cifuentes, Zorrilla's most original and thus most revealing decision is "presentar el acto de seducción engañosa en el momento mismo en que deja de serlo: la carta con que comienza el drama participa de una tradición que también cancela. En el curso de la obra, es y no es un instrumento de seducción; sin cambiar de palabras, es a la vez falsa y verdadera... " (to present the act of deceitful seduction at the very moment in which it stops being deceitful: the letter with which the play starts participates in a tradition which it also cancels. Throughout the play the letter is and is not a tool of seduction; its words are at once true and false...) [83]. In the same line of structural contradictions must be included the play's temporality, which runs counter to the causal logic of the action. As Gustavo Pérez Firmat points out: "In Juan's verses normal temporal and causal sequence collapses, for future events are always catching up and outstripping the present, as if time were circular and past, present, and future travelled the circle at different speeds" [7]. Even the play's representativeness as a privileged [End Page 49] instance of Spanish romanticism has been flatly denied in light of its inconsistencies with the patterns of that movement [Gies, "José Zorrilla"]. 2 But perhaps the most telling contradiction is the one between the play's undiminished popularity for almost a century and its author's sedulous efforts to undermine its prestige. 3Author's second thoughts? A repentant artist in ascetic revulsion against mundane acclaim? It seems reasonable to assume a link between the play's popularity and the contradictions to which it gives expression. Thus, taking at face value the tired notion that Don Juan presents a fundamentally Spanish profile, 4 I will inquire whether the play's manifest contradictions are culturally efficient. 5 To this end, I will need to consider a possible incongruity between nineteenth-century forms of consciousness and the objective historical conditions. Joaquín Casalduero already pointed out a discrepancy between historical changes and... (shrink)

Inside Notes From the Outside wrestles with issues that have loomed over anyone who has had to come to terms with concrete, pragmatic questions regarding identity within the interacting spheres of race, gender, class, and power. Based on the premise that discourse regarding these issues tend to be cast into a relationship of powerful vs. powerless, the author contends that power is not a fixed thing, but a subtle, complex matrix that shifts over time. A thoughtful approach toward issues of (...) cultural difference, Inside Notes From the Outside provides a sincere and uniquely interior perspective on identity formation. (shrink)

Before women could become visible as philosophers, they had first to become visible as rational autonomous thinkers. A social and ethical position holding that chastity was the most important virtue for women, and that rationality and chastity were incompatible, was a significant impediment to accepting women's capacity for philosophical thought. Thus one of the first tasks for women was to confront this belief and argue for their rationality in the face of a self-referential dilemma.

Nielsen, a former foundation officer and consultant, tells us that: “Some nonobsequious writing [on foundations] has begun to appear … (431).” Unfortunately, The Golden Donors is not of that genre. To be sure, this study of the thirty-six largest foundations is critical of many and hands out evaluations for each on the grounds of public policy activism (good) or conventionality (bad), and the behavior of trustees and staff. Nevertheless, die text is replete with the language of public relations — full (...) of “shining examples,” “innovative, philosophical and provocative speeches,” “invigorating research” and even “constructive” conservatism. (shrink)

This book deals with the theoretical, methodological, and empirical implications of bounded rationality in the operation of institutions. It focuses on decisions made under uncertainty, and presents a reliable strategy of knowledge acquisition for the design and implementation of decision-support systems. Based on the distinction between the inner and outer environment of decisions, the book explores both the cognitive mechanisms at work when actors decide, and the institutional mechanisms existing among and within organizations that make decisions fairly predictable. While a (...) great deal of work has been done on how organizations act as patterns of events for (boundedly) rational decisions, less effort has been devoted to study under which circumstances organizations cease to act as such reliable mechanisms. Through an empirical strategy on open-ended response data from a survey among junior judges, the work pursues two main goals. The first one is to explore the limits of "institutional rationality" of the Spanish lower courts on-call service, an optimal scenario to observe decision-making under uncertainty. The second aim is to achieve a better understanding of the kind of uncertainty under which inexperienced decision-makers work. This entails exploring the demands imposed by problems and the knowledge needed to deal with them, making this book also a study on expertise achievement in institutional environments. This book combines standard multivariate statistical methods with machine learning techniques such as multidimensional scaling and topic models, treating text as data. Doing so, the book contributes to the collaboration between empirical social scientific approaches and the community of scientists that provide the set of tools and methods to make sense of the fastest growing resource of our time: data. (shrink)

The origin of Black Panther 's charismatic villain, Killmonger, is the same as that of the historic Black Panther Party: Oakland, California. Director Ryan Coogler begins the film here, in a housing project where N'Jobu, a prince from Wakanda, has been living undercover. Black Panther first appeared in Marvel Comics in the summer of 1966, a few months before the official founding of the Black Panther Party. Killmonger's grudge against Wakanda for ignoring and rejecting him is one that nearly every (...) Black citizen could fairly hold against the United States. Wakanda abandons its traditional separatist position to follow the historical Black Panther Party's lead, pivoting from using the tools of modern warfare to protect Wakandans to channel its energy into uplifting social programs around the world, starting with the neighborhood in Oakland where the orphaned Killmonger grew up. (shrink)

A review of Judith G. Coffin's "Sex, Love, and Letters: Writing Simone de Beauvoir" (Cornell University Press, 2020) -/- .

In Clinical Ethics, Robert Timko argues that the moral dilemmas of clinical medical practice can best be resolved within a framework of prima facie duties, and that the most stringent duty is that of nonmaleficence. Timko shows that respect for individual autonomy and the principle of beneficence are inadequate for the moral practice of medicine since simple adherence to either principle may be insufficient for the provision of "due care.".

A partire dalla definizione di cura elaborata insieme a Berenice Fischer, si argomenta come la cura sia un importante strumento concettuale per qualunque genere di teoria politica. Ciň che diviene essenziale č un'analisi delle dimensioni della cura, delle dinamiche di potere insite in ogni relazione di cura, nonché del piů ampio contesto che modella tali preoccupazioni. L'articolo tratteggia, nello specifico, i caratteri essenziali del rapporto fra cura e politica democratica, che postula la ricerca di una riduzione delle asimmetrie nelle relazioni (...) di cura. Affinché i cittadini democratici svolgano bene i compiti di cura e in un modo compatibile con la vita democratica, essi devono immaginarsi allo stesso tempo sia come soggetti che forniscono cura sia come soggetti che la ricevono. Il grande passo da compiere č dunque avvedersi che l'espressione to care significa sempre sia dare sia ricevere cura e solo quando ciň sarÀ stato pienamente compreso si sarÀ in grado di elaborare una teoria democratica davvero inclusiva che riconosca alla cura il suo giusto posto. (shrink)

The central part of this article deals with the morality of secession. We present the three main "pure" theories about the morality of secession and suggest the greatest justifying power of an "impure" or mixed theory. At the same time, however, we advocate the need for a proper understanding of the question of the morality of secession. More specifically, we suggest that the best way to raise it is by introducing the notion of "reasonableness" into the question itself.