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 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)

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 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)

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 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)

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)

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.

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...

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)

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)

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.

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)

In 1583, Edward Kelley claimed to have made a number of archaeological discoveries on Northwick Hill in Worcestershire, including a forged document, the “Northwick scroll”, purportedly giving the location of treasure hidden by the Danes. The scroll was subsequently deciphered by Kelley’s employer, John Dee. Kelley’s hoax, which had to fool one of the country’s most learned men, was carefully constructed and drew on recent antiquarian work. However, Kelley also relied on older traditions of magical treasure hunting, thereby combining (...) two apparently antithetical approaches to the past. The article uses the example of Kelley’s hoax to argue that hoaxes served a useful and illuminating function in the early development of archaeology by testing the boundaries of plausibility. Furthermore, Kelley’s synthesis of learned antiquarianism and treasure hunting challenges the view that Elizabethan antiquaries were unwilling to excavate. Kelley’s methodologies in constructing the hoax echoed those of William Camden and others by linking excavated objects with chronicles and landscape features to create an integrated account of an imagined past. However, the hoax’s success also rested on Dee’s willingness to become a treasure hunter, demonstrating that elite learned antiquarian endeavours were not always distant from the aims of traditional “hill diggers”. (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...

The focus of this chapter is the rise of investigations in philosophical aesthetics in the mid-1950s and continuing through to the mid-1960s. This salient issue had to do with the foundations of philosophical aesthetics in the context of the Marxist-Leninist worldview. That this became an issue was due in large part to the appearance, in 1956, of the first Russian translation of Marx’s Economic and Philosophical Manuscripts of 1844. Marx’s emphasis in these writings on the self-constituting, transformative potential of labor (...) suggested possibilities for an aesthetic that did not sit comfortably with the dogmatic principles of dialectical and historical materialism. In effect, the foundational question for a Soviet aesthetics went to the heart of Marxism-Leninism: could young Marx’s anthropocentrism be reconciled with the established Soviet doctrine beholden to, on the one hand, Engels’ metaphysics of “matter-in-motion” and, on the other hand, Lenin’s copy theory of knowledge? Among the aestheticians, the issue surfaced in a debate about the nature of beauty: is beauty relative to man or is it an objectively cognizable material property? To the degree that the parties to this debate addressed the underlying issue, they tended to remain ambivalent toward the result that neither side—those favoring creative expression versus the defenders of objective beauty—simply conceded nor rejected the views of the other. As I argue, a systematic philosophical aesthetics within the scope of Soviet philosophy never saw the light of day. By the mid-1960s, research was ramifying into a variety of adjacent considerations, for example, value theory, theories of culture and cultural artifacts, the history of aesthetic categories, the social and pedagogical functions of art, art and morality in relation to the “socialist way of life,” art in the era of the “scientific-technological revolution,” and so on—of which only some recalled the spirit, rarely the letter, of the initial “aesthetics” discussion. (shrink)