This paper focuses on the role of contract as a governance mechanism in contemporary economic and social relations, exploring this theme in the context of recent writing on contract and contracting within law and other disciplines. The trends towards both outsourcing by private firms and privatization of public services have increased the importance of contract as an instrument of market and quasi-market exchange. Such organizational developments have been accompanied by institutional changes in the way in which business relationships are regulated (...) through legal and extralegal norms and other constraints in the contractual environment. Contract is also being deployed increasingly as an instrument of regulation of social relations between the state and citizens in the fields of welfare, education and criminal justice. Following Macneil, the paper develops a methodology for assessing the quality of different types of relationship—between buyers and sellers, purchasers and providers, providers and consumers, regulators and regulatees, government and governed, and state agencies and citizens—according to the relationality of «contract» norms. Drawing on theories of responsive regulation, the paper explores the institutional and organizational conditions of responsive contractual governance in selected areas of market, quasi-market, and social relations. The underlying argument is that the core values of democracy, participation, and citizenship have a central part to play in the determination of responsive regulatory policy. We should aim to increase the level of public participation in decisions concerning organizational and institutional frameworks, so that citizen and consumer interests may adequately be represented in the determination of optimal forms of governance. (shrink)

When searching for concepts in memory—as in the verbal fluency task of naming all the animals one can think of—people appear to explore internal mental representations in much the same way that animals forage in physical space: searching locally within patches of information before transitioning globally between patches. However, the definition of the patches being searched in mental space is not well specified. Do we search by activating explicit predefined categories and recall items from within that category, or do we (...) activate and recall a connected sequence of individual items without using categorical information, with each item recalled leading to the retrieval of an associated item in a stream, or both? Using semantic representations in a search of associative memory framework and data from the animal fluency task, we tested competing hypotheses based on associative and categorical search models. Associative, but not categorical, patch transitions took longer to make than position-matched productions, suggesting that categorical transitions were not true transitions. There was also clear evidence of associative search even within categorical patch boundaries. Furthermore, most individuals' behavior was best explained by an associative search model without the addition of categorical information. Thus, our results support a search process that does not use categorical information, but for which patch boundaries shift with each recall and local search is well described by a random walk in semantic space, with switches to new regions of the semantic space when the current region is depleted. (shrink)

This interdisciplinary collection of essays highlights the relevance of Buddhist doctrine and practice to issues of globalization. From philosophical, religious, historical, and political perspectives, the authors show that Buddhism—arguably the world’s first transnational religion—is a rich resource for navigating todays interconnected world.

This volume explores the use of higher-order logics in metaphysics. Seventeen original essays trace the development of higher-order metaphysics, discuss different ways in which higher-order languages and logics may be used, and consider their application to various central topics of metaphysics.

In Pursuit of the Inconceivable is a compelling exploration of fundamental questions about existence, reality and the meaning of life that challenges the traditional scepticism of Western thought. It presents the evidence for a systematic, comprehensible and fundamental world-theory and places the reader in a position to judge its merits and plausibility for themselves. -/- Peter Guy Jones explains the ongoing failure of Western philosophers to comprehend metaphysics as a consequence of not engaging with the only world-theory that (...) survives analysis, the theory endorsed by the writers of the Indian Upanishads, the Buddha, Lao Tzu, Meister Eckhart and, many would say, Jesus and Muhammad. The findings of philosophers in the Western analytical ‘rational’ tradition are compared with the teachings of the Perennial tradition and shown to be in complete harmony. In Pursuit of the Inconceivable presents a philosophical explanation of mysticism, an apology for Abrahamic religion, a solution for all metaphysical problems and an appeal for a significant change of attitude in the academic and scientific community. (shrink)

This article examines the relationship between compromise and fairness, and considers in particular why, if a fair outcome to a conflict is available, the conflict should still be subject to compromise. It sets out the defining features of compromise and explains how fair compromise differs from both principled and pragmatic compromise. The fairness relating to compromise can be of two types: procedural or end-state. It is the coherence of end-state fairness with compromise that proves the more puzzling case. We offer (...) reasons why people should be allowed to resolve conflicting or competing claims through compromise, even if compromise comes at the expense of end-state fairness, but we resist the suggestion that the primary rationale for compromise is to be found in non-ideal circumstances. (shrink)

This chapter provides an introduction to higher-order metaphysics as well as to the contributions to this volume. We discuss five topics, corresponding to the five parts of this volume, and summarize the contributions to each part. First, we motivate the usefulness of higher-order quantification in metaphysics using a number of examples, and discuss the question of how such quantifiers should be interpreted. We provide a brief introduction to the most common forms of higher-order logics used in metaphysics, and indicate a (...) number of questions which can be raised in such systems using logical vocabulary alone. Using a further example, we return to applications of higher-order logics in metaphysics. We also mention key developments in the history of higher-order logic as it pertains to metaphysics. Finally, we mention certain arguments which have been raised against the use of higher-order logic, and some ways of responding to them. (shrink)

Journal of Social Philosophy, EarlyView.

Issues of religious toleration might be thought dead and advocacy of religious toleration a pointless exercise in preaching to the converted, at least in most contemporary European societies. This paper challenges that view. It does so principally by focusing on issues of religious accommodation as these arise in contemporary multi-faith societies. Drawing on the cases of exemption, Article 9 of the ECHR, and law governing indirect religious discrimination, it argues that issues and instances of accommodation are issues and instances of (...) toleration. Special attention is given to issues that arise when the claims of religious belief conflict with those of other legally protected characteristics, especially sexual orientation. The paper uses a concept of toleration appropriate to a liberal democratic political order—one that replaces the ‘vertical’ ruler-to-subject model of toleration that suited early modern monarchies with a ‘horizontal’ citizen-to-citizen model appropriate to a political order that aims to uphold an ideal of toleration rather than itself extend toleration to those whose lives it regulates. (shrink)

Sir David Ross introduced and discussed his notion of prima facie duties in chapter 2 of The Right and the Good , and it is to this chapter that I shall devote most attention. I wish to show that the distinction between prima facie and “actual” duties, as expounded by Ross, entails that there are no “actual” duties; and I wish to show that this unfortunate consequence of the distinction arises from Ross's explicit epist-emological views. Writers such as Ewing, Baier (...) and Frankena, who have quoted Ross's distinction with some degree of approval, force one to ask how, precisely, they interpreted it. In the first part of this paper I set out Ross's exposition in detail, since failure to do this has blinded adherents to its difficulties; in the second part I summarise my findings and indicate the problems Ross rightly poses for us; in the third part I suggest possible sources for Ross's views. Two points should be noted at the outset. Firstly, the distinction applies to acts, not actions; “act” refers to “the thing done, the initiation of change, and ‘action’ the doing of it, the initiating of change, from a certain motive” . Secondly, the term “right” is used throughout as synonymous with “what is my duty”. (shrink)

In recent years there has been much debate over whether recognition has displaced, or should displace, redistribution as the pre‐eminent concern of contemporary politics. That debate is not about whether we should continue to pursue an egalitarian ideal, since equality is as much a goal for the politics of recognition as it is for the politics of redistribution. In this essay, I address only issues of recognition and ask what kind of equal recognition we can reasonably demand or pursue. I (...) argue that we can expect to secure equal recognition of difference or particularity only if that recognition is mediated by more general forms of recognition. Certainly that approach is implied if we hold that difference should be recognised because that difference matters to the recognised rather than to the recogniser. Thus, I challenge the prevailing view that the politics of difference should replace the politics of universalism; rather, the politics of difference presupposes a form of universalism. I also use a distinction between status and merit recognition to indicate the difficulties that confront the goal of equal recognition if we insist that particularity or difference should be the object of unmediated recognition. I use cultural and religious identities as the main foci for my argument, but I also consider how far that argument translates to issues of sexuality and gender. (shrink)

(2000). Human rights and diverse cultures: Continuity or discontinuity? Critical Review of International Social and Political Philosophy: Vol. 3, Human Rights and Global Diversity, pp. 27-50.

Agricultural Enlightenment explores the economic underpinnings of the Enlightenment to argue the case that the expansion of the so-called knowledge economy in the second half of the eighteenth century powerfully influenced governments and all those who worked in agriculture, or who sought to derive profit from the productive use of the land.

How should we deal with social diversity if we conceive it as cultural diversity? Appeals to cultural relativism and to the collective good of diversity provide inadequate answers. Taking cultural diversity seriously requires that we respond to it fairly or justly and that, in turn, requires an approach that is impartial (or neutral) amongst cultures. Claims of impartiality are often thought peculiarly implausible when applied to cultural diversity, but an impartialist approach is in fact peculiarly appropriate to that form of (...) diversity. The issue is not whether we can be impartial, but whether we are ready to accept the implications of describing a diversity as ?cultural? and, if we are, what form our impartiality should take. Attempts to avoid claims of impartiality by dealing with diversity through deliberative processes are misguided since those processes must embody commitments to impartiality if their outcomes are to be just. (shrink)

Generally we think it good to tolerate and to accord recognition. Yet both are complex phenomena and our teaching must acknowledge and cope with that complexity. We tolerate only what we object to, so our message to students cannot be simply, ‘promote the good and prevent the bad’. Much advocacy of toleration is not what it pretends to be. Nor is it entirely clear what sort of conduct should count as intolerant. Sometimes people are at fault for tolerating what they (...) should not, or for tolerating what they should find unexceptionable. So virtue does not always lie with toleration. Tolerance can also seem condescending; should we therefore replace it with recognition? But recognition may not be able to coexist with the disapproval that makes toleration necessary. However, not everything about toleration and recognition is controversial; there are fixed points from which students can grapple with the issues presented by both. (shrink)

The paper examines important discrepancies between major figures influencing the intellectual development of biosemiotics. It takes its perspective from the work of Gregory Bateson. Unlike C. S. Peirce and J. von Uexküll, Bateson begins with a strong notion of interaction. His early writings were about reciprocity and social exchange, a common topic among anthropologists of the time, but Bateson’s approach was unique. He developed the notion of meta-patterns of exchange, and of the “abduction” of these metapatterns to a variety of (...) other phenomena, in both biology and in game theory. Later, Bateson’s concept of ecology of mind, the product of interactive phenomena, was modified by a non-purposive cybernetics. Biosemiotics has yet to adopt Bateson’s interactive stance, which is absent from Peirce’s approach to communication, of Uexküll’s functional cycles, and of Hoffmeyer’s discussion of the relation between culture and environment. Rather than pursuing notions of appropriate “subjectivity” through changed ethical response to ecological conditions (Hoffmeyer’s discussion of empathy), the paper discusses the advantages of an approach that continues to focus on conditions of paradox and pathology. Specifically, Bateson’s resolution of the relation between culture and environment arises from situations of blocked communication where ecological bonds become binds. (shrink)

This essay considers some major questions raised by civil and other forms of conscientious disobedience. What distinguishes that form of dissent? Can we recognise the legitimacy of a political system yet defy its laws? Is disobeying a democratic decision especially or entirely unacceptable, or can disobedience be an instrument of democracy? If a regime recognises rights, how should we regard disobedience that appeals to those rights in challenging the regimes laws? How should reasons for obedience figure in our thinking about (...) justified disobedience? The essay locates the contributions that make up this special issue of Res Publica within these debates about disobedience. It questions whether any general theory of justified disobedience can command agreement: the conditions that give rise to conscientious disobedience -- conflicting values and judgements -- seem to preclude consensus on when its use is justified. (shrink)

Among the newly enchristianed "extreme sports" category, ultrarunners and the sport of ultrarunning is on the fringe edge. What makes ultrarunners and their "sport" interesting is that ultrarunners regularly report experiences that can be equated to various types of mystical experiences during their "sporting" events. This paper briefly discusses ultrarunners, a hypothetical mystical (mythical) state of consciousness called Absolute Unitary Being, and the psychoneurophysiological aspects of ultrarunning. Through this process, a link is established that connects ultrarunners and their "sport" with (...) many traditional indigenous practices. It is suggested that many of the traditional indigenous practices may have produced experiences similar to those of ultrarunners, and thus we can look to ultrarunners to begin to understand some of the physiological, psychological, neurological, as well as humanistic, phenomenological, and transpersonal experiences and reasons behind many now lost traditional indigenous practices. (shrink)

Globalization is a ubiquitousyet highly elusive term. The debate on the cont and meaning of globalization is still waged largely in binary terms; for example, globalization is understood either as increasing standardization or as increasing difference. This article argues that the effects of globalization are best understood in terms of the following three sets of simultaneous contradictions: convergence and divergence, inclusion and exclusion, and centralization and decentralization. These contradictions can be fruitfully “unpacked” and examined through critical stakeholder analysis (CSA). This (...) technique focuses on broader structural commonalties and differences among key stakeholder groups, factors that are not incorporated in mainstream stakeholder theory. The associated normative agenda of CSA promotes a common understanding of key issues within a focal organizational field, the negotiated settlement of zero-sum situations that optimize collective stakeholder interests within that field, and the containment and minimization of negative externalities within as well as between fields. (shrink)

The paper reflects on the relationship between the understanding of human activity which Marx expresses in Capital and the theoretical model of activity offered by an influential contemporary variant of Activity Theory. The paper argues that this variant departs significantly from Marx’s conception of human activity and its role in what he calls the ‘labour process’. In particular, Activity Theory has failed to distinguish between the labour process and the valorization process, a distinction which is fundamental to Capital and to (...) Marx’s theoretical and political perspective more generally. The paper also argues that this conceptual conflation is also evident in the theoretical discourse of the founders of the Activity Theory tradition. The paper goes on to consider the theoretical and practical implications of this departure from the method and conclusions of Capital. (shrink)