The importance of situational constraint for moral evaluations is widely accepted in philosophy, psychology, and the law. However, recent work suggests that this relationship is actually bidirectional: moral evaluations can also influence our judgments of situational constraint. For example, if an agent is thought to have acted immorally rather than morally, that agent is often judged to have acted with greater freedom and under less situational constraint. Moreover, when considering interpersonal situations, we judge that an agent who forces another to (...) act immorally (versus morally) uses more force. These two features can result in contradictory response patterns in which participants judge both that (1) a forcer forced a forcee to act and (2) the forcee was not forced by the forcer to act. Here, we characterize potential psychological mechanisms, in particular, “moral focus” and counterfactual reasoning that account for this paradoxical pattern of judgments. (shrink)

The Dialectical Forge identifies dialectical disputation as a primary formative dynamic in the evolution of pre-modern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies. The author introduces and develops a dialectics-based analytical method for the study of pre-modern Islamic legal argumentation, examines parallels and divergences between Aristotelian dialectic and early juridical jadal-theory, and proposes a multi-component paradigm—the Dialectical Forge Model—to account for the power of jadal in shaping Islamic (...) law and legal theory.In addition to overviews of current evolutionary narratives for Islamic legal theory and dialectic, and expositions on key texts, this work shines an analytical light upon the considerably sophisticated “proto-system” of juridical dialectical teaching and practice evident in Islam’s second century, several generations before the first “full-system” treatises of legal and dialectical theory were composed. This proto-system is revealed from analyses of dialectical sequences in the 2nd/8th century Kitāb Ikhtilāf al-ʿIrāqiyyīn / ʿIrāqiyyayn through a lens molded from 5th/11th century jadal-theory treatises. Specific features thus uncovered inform the elaboration of a Dialectical Forge Model, whose more general components and functions are explored in closing chapters. (shrink)

When we evaluate moral agents, we consider many factors, including whether the agent acted freely, or under duress or coercion. In turn, moral evaluations have been shown to influence our (non-moral) evaluations of these same factors. For example, when we judge an agent to have acted immorally, we are subsequently more likely to judge the agent to have acted freely, not under force. Here, we investigate the cognitive signatures of this effect in interpersonal situations, in which one agent (“forcer”) forces (...) another agent (“forcee”) to act either immorally or morally. The structure of this relationship allowed us to ask questions about both the “forcer” and the “forcee.” Paradoxically, participants judged that the “forcer” forced the “forcee” to act immorally (i.e. X forced Y), but that the “forcee” was not forced to act immorally (i.e. Y was not forced by X). This pattern obtained only for human agents who acted intentionally. Directly changing participants’ focus from one agent to another (forcer vs. forcee) also changed the target of moral evaluation and therefore force attributions. The full pattern of judgments may provide a window into motivated moral reasoning and focusing bias more generally; participants may have been motivated to attribute greater force to the immoral forcer and greater freedom to the immoral forcee. (shrink)

The collapse of confidence in anonymization as a robust approach for preserving the privacy of personal data has incited an outpouring of new approaches that aim to fill the resulting trifecta of technical, organizational, and regulatory privacy gaps left in its wake. In the latter category, and in large part due to the growth of Big Data–driven biomedical research, falls a growing chorus of calls for criminal and penal offences to sanction wrongful re-identification of “anonymized” data. This chorus cuts across (...) the fault lines of polarized privacy law scholarship that at times seems to advocate privacy protection at the expense of Big Data research or vice versa. Focusing on Big Data in the context of biomedicine, this article surveys the approaches that criminal or penal law might take toward wrongful re-identification of health data. It contextualizes the strategies within their respective legal regimes as well as in relation to emerging privacy debates focusing on personal data use and data linkage and assesses the relative merit of criminalization. We conclude that this approach suffers from several flaws and that alternative social and legal strategies to deter wrongful re-identification may be preferable. (shrink)

The post-classical genre of the “protocols for dialectical inquiry and disputation” has its more proximate origins in the famed Risāla of Shams al-Dīn al-Samarqandī. The greater part of his conceptions and methodology, however, consists in a streamlining and universalizing of the more strictly juristic dialectic of his teacher Burhān al-Dīn al-Nasafī ; and this in turn draws on the highly logicized dialectic of Rukn al-Dīn al-ʿAmīdī and his teacher Raḍī al-Dīn al-Nīsābūrī. At the heart of methods in this lineage, and (...) carried forward by al-Samarqandī into the universal ādāb al-baḥth, are three truth-preserving logical relationships critical to the truth-seeking enterprise of dialectic: entailment, mutual negation or exclusion, and causal concomitance. The practical elaboration of these relations reveals a logic in action—a premodern dialogical logic for living disputation praxis. In fact, so critical were these to the dialectical enterprise that al-Samarqandī devoted a specialized treatise entirely to summarizing their defining features and rules, aptly naming it the ʿAyn al-Naẓar, or “Wellspring of Rational Investigation.” In this article, and drawing upon a recently published digital critical edition, I will present an analytical outline of these core logical relations as presented in the ʿAyn al-Naẓar. Then I will address a number of points of interest in this text, grouped under six themes: the potential for cross-disciplinary advancement; notions in discursive development; significant or uniquely contributive formulations; peculiarities of content; signs of an evolving, universalist agenda; and evidence that the ʿAyn al-Naẓar was designed as an aide-mémoire for the active disputant. (shrink)

A number of tensions have been suggested between stakeholder theory and strategic management (SM). Following a brief review of the histories of stakeholder theory and mainstream SM, we argue that many of the tensions are more apparent than real, representing different narratives about stakeholder theory, SM, business, and ethics. Part of the difference in these two theoretical positions is due to the fact that they seek to solve different problems. However, we suggest how there are areas of overlap, and we (...) argue that some of the tensions may, instead, provide interesting ways to put the two areas of scholarship and practice together. We maintain that SM and stakeholder theory could mutually benefit from a more pragmatist philosophy. (shrink)

The articles in this volume focus upon Boethius's extant works: his De arithmetica and a fragmentary De musica, his translations and commentaries on logic, his five theological texts, and, of course, his Consolation of Philosophy.

Abstract:The purpose of this paper is to suggest that at least one strain of what has come to be called “stakeholder theory” has roots that are deeply libertarian. We begin by explicating both “stakeholder theory” and “libertarian arguments.” We show how there are libertarian arguments for both instrumental and normative stakeholder theory, and we construct a version of capitalism, called “stakeholder capitalism,” that builds on these libertarian ideas. We argue throughout that strong notions of “freedom” and “voluntary action” are the (...) best possible underpinnings for stakeholder theory, and in doing so, seek to return “stakeholder theory” to its managerial and libertarian roots found in Freeman (1984). (shrink)

The post-classical (or post-Avicennan, post-Rāzian) genre of the “protocols for dialectical inquiry and disputation” (ādāb al-baḥth wa-l-munāẓara) has its more proximate origins in the famed Risāla of Shams al-Dīn al-Samarqandī (d. 722/1322). The greater part of his conceptions and methodology, however, consists in a streamlining and universalizing of the more strictly juristic dialectic (jadal / khilāf) of his teacher Burhān al-Dīn al-Nasafī (d. 687/1288); and this in turn draws on the highly logicized dialectic of Rukn al-Dīn al-ʿAmīdī (d. 615/1218) and (...) his teacher Raḍī al-Dīn al-Nīsābūrī (d. 617/1220). At the heart of methods in this lineage, and carried forward by al-Samarqandī into the universal ādāb al-baḥth, are three truth-preserving logical relationships critical to the truth-seeking enterprise of dialectic: entailment (talāzum / mulāzama), mutual negation or exclusion (tanāfin / munāfā), and causal concomitance (dawarān). The practical elaboration of these relations reveals a logic in action—a premodern dialogical logic for living disputation praxis. In fact, so critical were these to the dialectical enterprise that al-Samarqandī devoted a specialized treatise entirely to summarizing their defining features and rules, aptly naming it the ʿAyn al-Naẓar, or “Wellspring of Rational Investigation.” In this article, and drawing upon a recently published digital critical edition, I will present an analytical outline of these core logical relations as presented in the ʿAyn al-Naẓar. Then I will address a number of points of interest in this text, grouped under six themes: the potential for cross-disciplinary advancement; notions in discursive development; significant or uniquely contributive formulations; peculiarities of content; signs of an evolving, universalist agenda; and evidence that the ʿAyn al-Naẓar was designed as an aide-mémoire for the active disputant. (shrink)

The domain of Islamic thought and intellectual history boasts an important body of studies relevant to the Arabic philosophy of language, as well as a growing interest in Islamicate argumentation theory and practice. There remains, however, a dearth of volumes which pool research from both areas and examine them together. Filling this gap is more critical than ever. In our time, significant work is being conducted in argumentation theory, but little of it draws from, or relates to, the rich i...

Continuing work begun by previous scholars, New Directions in Boethian Studies brings together recent studies from the diverse perspective of recent scholarship published during the first decade of Carmina Philosophiae: Journal of the International Boethius Society, a journal which seeks to make sound editions of texts and commentaries, both Latin and vernacular, more readily available to scholars. The book is divided into five sections according to the following areas of study: 1) aspects of Boethius's Latin De Consolatione Philosophiae, 2) vernacular (...) translations of the Consolatio, 3) multidisciplinary perspectives on Boethius in art and literary history, 4) multidisciplinary perspectives on Boethius in art and literary history, and 5) ongoing efforts to find and edit unpublished translations and major studies of Boethius's works. The study of Boethius, his works, and his influence continues to expand as scholars turn their attention to interdisciplinary and heretofore neglected areas of research. The essays and the critical edition presented in this collection represent the ongoing discussions of established and emerging scholars who are drawn to Boethius, undeniably one of the most central and seminal thinkers in the Western tradition. (shrink)

This chapter contains sections titled: Introduction Postmodernism and pragmatism as a response to the Enlightenment The postmodern response in organization studies Postmodern and pragmatist organizational ethics Conclusion.

Recent structural innovations in global commerce present difficult challenges for legacy understandings of responsibility. The rise of outsourcing, sub-contracting, and mobile app-based platforms have dramatically restructured relationships between and among economic actors. Though not entirely new, the remarkable rise in the prevalence of these “not-quite-arm’s-length” relationships present difficulties for conceptions of responsibility based on interrogating the past for specifiable actions by blameworthy actors. Iris Marion Young invites investigation of a “social connection model of responsibility” (SCMR) that is, in many (...) ways, better suited to this new commercial reality. Scholars working to understand corporate responsibility have invoked Young’s model to some good effect, though often superficially and uncritically. In this paper, we look closely at Young’s social connection model and its potential for helping us understand corporate responsibility in a radically networked world. (shrink)

Qiyās, or “correlational inference” (often glossed as “analogy”), comprises a primary set of methodological tools recognized by a majority of premodern Sunnī jurists. Its elements, valid modes, and proper applications were the focus of continual argument and refinement. A particular area of debate was the methodology of determining or justifying the ʿilla: the legal cause (or occasioning factor, or ratio legis) giving rise to a ruling in God’s Law. This was most often discussed (and disputed) under the rubric of “the (...) modes of causal justification” (masālik al-taʿlīl). Among these modes was the much debated test of dawarān (concomitance of presumed cause and effect). In brief, proponents of dawarān employed it to justify claims that a property (waṣf) occasioned the ruling (ḥukm) in an authoritative source-case (aṣl). In concert with other considerations, the demonstrated co-presence (ṭard) and co-absence (ʿaks) of property and ruling—that is, their concomitance “in existence” (wujūdan) and “in nonexistence” (ʿadaman)— was taken as an indication that the property was the ruling’s ʿilla. Delving further into dawarān and causation (ʿilliyya), the current study interprets “in existence” and “in nonexistence” not as a kind of metaphor for true and false (within the framework of a classical truth-functional formal semantics), but as an accurate terminology vis-à-vis the meaning of causality statements, fully compatible with dominant Islamicate views on causal agency. In brief, a deeper logical and linguistic analysis of the different existential modes of dawarān strongly suggests that we should distinguish property (or phenomenon) and ruling (or effect) as types (concepts or propositions linguistically expressed by a sentence) as opposed to tokens (instantiations of the type; the real, ontological events that verify the proposition). Our reading of dawarān as shaped by a finer-grained structure not only allows us to identify the efficient occasioning process as a function which takes some particular token of the ʿilla (arguably, the property or properties which provide the ruling’s material cause) and renders a token of the general ruling type, but it allows us to elucidate the role of taʿlīl (causal justification) in shaping an epistemological theory of argument to the best explanation: a sophisticated, premodern manifestation of abductive reasoning. (shrink)

In this powerful new study Edward Baring sheds fresh light on Jacques Derrida, one of the most influential yet controversial intellectuals of the twentieth century. Reading Derrida from a historical perspective and drawing on new archival sources, The Young Derrida and French Philosophy shows how Derrida's thought arose in the closely contested space of post-war French intellectual life, developing in response to Sartrian existentialism, religious philosophy and the structuralism that found its base at the École Normale Supe;rieure. In (...) a history of the philosophical movements and academic institutions of post-war France, Baring paints a portrait of a community caught between humanism and anti-humanism, providing a radically new interpretation of the genesis of deconstruction and of one of the most vibrant intellectual moments of modern times. (shrink)

Interventions for problematic alcohol use typically focus on clients as individuals even when these clients continue interacting with their social networks. This paper reports a study about young w...

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS Good and Evil: Interpreting a Human Condition. By EDWARD FARLEY. Minneapolis, Minn.: Fortress Press, 1990. Pp. xxi + 295. The Evils of Theodicy. By TERRENCE W. TILLEY. Washington, D.C.: Georgetown University Press, 1990. Pp. xii + 277. The Co-Existence of God and Evil. By JANE MARY TRAU. New York, N.Y.: Peter Lang, 1991. Pp. 109. Evil is deeply and endlessly fascinating to the religious mind. On (...) the one hand, it challenges religion. The existence of the evils within our ken poses a threat to the rationality of central tenets of theism; the presence of overwhelming evils within our lives can threaten the viabil· ity of our religious attitudes and practices. On the other hand, religions typically offer strategies for coping with evil. They propose explanations of its origins that may aid us in understanding it, and they con· tain salvific practices that are meant to lead to redemption from sin or the cessation of suffering. So religious responses to evil are bound to be complex, and this complexity will inevitably be reflected in the treatment of evil in academic discourses. In addition, the present academic division of labor results in religion being studied in many disciplines. Each of them has its own traditions and agendas, and this often leads to a diversity of approaches that gives interdisciplinary dis· cussion of religious responses to evil something of the air of conversa· tion after Babel. The three books under review here, which represent the disciplines of philosophy, religious studies, and theology, illustrate nicely both the complexity and the diversity. Jane Mary Trau, who is Associate Professor of Philosophy at Barry University, has written a short essay in analytic philosophy of religion proposing a solution to the logical problem of evil. The problem arises from the fact that there are arguments purporting to show that the proposition that God is omniscient, omnipotent, and omnibenevolent is inconsistent with the proposition that evil exists. One way to solve the problem would be to find a possibly true proposition such that it is consistent with the proposition ·that God is omniscient, omnipotent, and omnibenevolent and together with that proposition entails that evil exists. Alvin Plantinga's celebrated free-will defense offers a solution of this sort. Trau's alternative solution is a version of the familiar greater-goods defense. Trau's main claim is that it is possible that evil has positive value. An evil has positive value if it is logically necessary for some greater 525 526 BOOK REVIEWS good, and it certainly seems to he possible that some evils have positive value. Thus, for example, suppose God creates nothing other than two angels, A and B. Nothing interrupts the felicity of either hut a mild pang of sorrow felt by A, to which B responds with compassion. A's sorrow is logically necessary for the greater good of B's compassionate response to A's sorrow. Hence A's sorrow is an evil that has positive value. Moreover, the proposition that evils with positive value exist is consistent with the proposition that God is omniscient, omnipotent, and omnihenevolent. So the existence of evil is consistent with the existence of an omniscient, omnipotent, and omnihenevolent deity. In other words, Trau's version of the greater-goods defense does seem to provide a solution to the logical problem of evil. But that is not to say that all the evils there actually are or even all those we know about do or could have positive value. Thus it does not follow, without further assumptions, that the existence of all the evils there actually are is consistent with the existence of an omniscient, omnipotent, and omnihenevolent deity. In a discussion of natural evil near the end of her hook, Trau acknowledges the need for such additional assumptions. She says: "Four assumptions underlie the claim that natural evils have positive value: (1) The material universe has positive value. (2) The material universe must function in a way that requires the occurrence of natural evils as secondary effects. (3) The material universe is either the best or the only possible universe. (4) If the universe as we know it did not function the way it does... (shrink)

The double slit problem is idealized by simplifying each slit by a point source. A composite reduced action for the two correlated point sources is developed. Contours of the reduced action, trajectories and loci of transit times are developed in the region near the two point sources. The trajectory through any point in Euclidean 3-space also passes simultaneously through both point sources.