Despite the prevalence of externalization, much work in the ethics of immigration continues to assume that the admission of immigrants is determined by state immigration officials who decide whether to admit travelers at official crossings. This assumption neglects how decisions about entrance have been increasingly relocated abroad – to international waters, consular offices, airports, or foreign territories – often with non-governmental or private actors, as well as foreign governments functioning as intermediaries. Externalization poses a fundamental challenge to achieving just (...) migration policies. It reliably harms vulnerable people, prevents refugees from receiving protection, leads to human rights abuses, and dissipates blame and accountability, creating a serious lacuna in assigning moral responsibility. (shrink)

"This book explores the ethical implications of using armed contractors, taking a consequentialist approach to this multidisciplinary debate. While privatization is not a new concept for the U.S. military, the public debate on military privatization is limited to legal, financial, and pragmatic concerns. Missing is a critical assessment of the ethical dimensions of military privatization in general; more specifically, in light of the increased reliance upon armed contractors, it must be asked whether it is morally permissible for governments (...) to employ them at all. To this end, this book explores four areas that highlight the ethical implications of using armed contractors: how armed contractors are distinct from soldiers and mercenaries; the commodification of force; the belligerent equality of combatants; and the impact of armed contractors on the professional military. While some take an absolutist position, wanting to bar the use of private military altogether, this book reveals how these absolutist arguments are problematic and highlights that there are circumstances where turning to private force may be the only option. Recognising that outsourcing force will continue, this book thus proposes some changes to account for the problems of commodification, belligerent equality, and the challenge to the military profession. This book will be of interest to students of private security, military studies, ethics, security studies and IR in general."--Provided by publisher. (shrink)

Abstract The rapidly growing presence of private military and security contractors (PMSCs) in armed conflict and post-conflict situations in the last decade brought corresponding incidents of serious misconduct by PMSC personnel. The two most infamous events?one involving the firm formerly known as Blackwater and the other involving Titan and CACI?engendered scrutiny of available mechanisms for criminal and civil accountability of the individuals whose misconduct caused the harm. Along a parallel track, scholars and policymakers began examining the responsibility of (...) states and international organizations for the harm that occurred. Both approaches have primarily focused on post-conduct accountability?of the individuals who caused the harm, of the state in which the harm occurred, or of the state or organization that hired the PMSC whose personnel caused the harm. Less attention, however, has been paid to the idea of pre-conduct accountability for PMSCs and their personnel. A broad understanding of ?accountability for? PMSCs and their personnel encompasses not only responsibility for harm caused by conduct, but responsibility for hiring, hosting, and monitoring these entities, as well as responsibility to the victims of the harm. This article provides a comprehensive approach for analyzing the existing international legal regime, and whether and to what extent the legal regime provides ?accountability for? PMSCs and their personnel. It does so by proposing a practical construct of three phases based on PMSC operations?Contracting, In-the-Field, and Post-Conduct?with which to assess the various bodies of international law. (shrink)

The U.S. government embraces the concepts of privatization and market competition, but the realm of contracting shows that it has not always been able to put its principles into practice. Although the contracting system is supposed to be open and competitive, in recent years the government has often awarded contracts with little or no competitive bidding, has chosen to award mostly cost-plus type contracts that force the government to assume more of the risk, and lacked efficiency in monitoring and overseeing (...) private contractors. While the number and value of contracts have increased, the workforce to oversee these contracts has been reduced, preventing the government from adequately enforcing compliance with the contractors, and the government has not made use of past performance evaluations in its contracting system. Private contractors that do business with the U.S. government are for the most part well-established firms with ample resources and inside contacts; many contracts are still being awarded on preferential treatment and to the larger and well-established contractors. (shrink)

There has been a huge growth in the size and number of Private Military and Security Companies (PMSCs) in the last decade or so. In this context, the question of when, if ever, states should hire PMSCs to carry out military operations has gained particular urgency. In this paper, I defend the answer that states should do so whenever PMSCs will be the most effective agents available against a number of recent objections. All of these objections claim that considerations (...) aside from the relative effectiveness of PMSCs should bear on the question. Some argue that there is something inherently morally problematic with hiring PMSCs, and thus infer that they should sometimes not be hired even when they are the most effective agents available. Others point to undesirable side-effects that hiring PMSCs is thought to cause, and claim that these should be taken into account when deciding whether to hire them. I argue, however, that all of these further considerations are either irrelevant to the decision or reducible to effectiveness. (shrink)

Many of the reasons offered for outsourcing security involve costs and benefits – a consequentialist way of reasoning. Thus, I will explore a consequentialist argument against the use of private security contractors (PSCs) in counterinsurgencies. Discussing the benefits and costs of employing PSCs in these kinds of operations will demonstrate that the hiring of PSCs in many cases (perhaps in most) is consequentially unsound. More precisely, the overall negative consequences of hiring PSCs during counterinsurgencies should preclude their use (...) unless in extreme emergencies. Defenders of the use of PSCs readily point to their financial benefits and expected increase in efficiency as the starting point for their argumentation. On my account, if the benefits really do outweigh the foreseeable and expected costs, then hiring PSCs may, in that case, be a morally viable option. However, I contend that, unless we institute broad contractual control and oversight reform, unless we truly understand the costs and benefits, we should have a standing, prima facie prohibition against employing PSCs in counterinsurgencies. (shrink)

Privatization of state services has been a flashpoint for political conflict over the past several decades. The goal of this paper is to explain why someone who is a supporter of the welfare state might also support the privatization of certain state services, in certain cases. Recent philosophical literature has focused on the most problematic privatization initiatives, especially the introduction of private prisons and military contractors. As a counterpoint, this paper describes a set of anodyne privatizations, understood as (...) privatizations that no reasonable person could object to. The key step in this analysis involves showing that privatization is not a unitary phenomenon. There are different types of privatization, different degrees of privatization, and also different motives for privatization. There are also important normative differences between these initiatives, which might lead a reasonable person to support some but not others. (shrink)

This article explores the tension between the fundamental perception that the provision of privatized services such as health and social care remain inherently public and the absence of any clearly developed juridical concept of ‘public services’ as the basis of judicial control in accordance with public law standards. In a series of recent cases, courts have had the opportunity to determine whether private contractors engaged in the provision of local authority residential and social care services are amenable to (...) judicial review or susceptible to direct vertical proceedings under the Human Rights Act, on grounds that they are performing functions which are by their very nature quintessentially public. However, conflating questions of amenability to review and susceptibility to the Human Rights Act (hereafter HRA), courts have refused to adopt a test based on the public character of a body's functions, irrespective of the source of power. This article acknowledges the constitutional propriety and rationality of a broad based functional test of review. Nevertheless, it is argued that if courts continue to resist such a test, Parliament must legislate to ensure judicial regulation of decisions by independent contractors of health and social care services, in accordance with public law principles and HRA obligations, which transcend the boundaries of their strict contractual undertakings. (shrink)

Waging war for money has been frowned upon since the Peace of Westphalia and the rise of the modern nation-state. The stigma associated with private warfare translates, in legal terms, into a prohibition on mercenary activity and denying mercenaries the protection afforded to regular combatants . Noting the apparent similarities between mercenaries and private military contractors, some have sought to extend to the latter the restrictive regime applicable to the former. But the resemblance between these two types (...) of actors should not imply that private warfare, in its modern form, is condemnable outright. This Article argues that an inclusive approach to military outsourcing—drawing upon historical, legal and moral perspectives—is necessary to contend with the challenges raised by the growth of the private military industry. I examine the connection between history , morality , and law , to show that private warfare deserves a more nuanced and pragmatic treatment under international law. (shrink)

Abstract The current accountability system for private military and security contractors (PMSCs) is woefully inadequate, and mere enhancements in oversight cannot hope to remedy that failing. I contend that once we recognize the kind of accountability required of PMSCs, we will realize that radical changes in the foundational relationship between PMSCs and the state are required. More specifically, in order to be appropriately accountable, members of PMSCs must become a part of or, at the very least, directly responsible (...) to the legitimate authoritative military or police structures, and there must be a clear and precise delineation of responsibility among public officials for holding individual members of PMSCs criminally liable. (shrink)

The possibility of using private military and security companies to bolster the capacity to undertake intervention for human rights purposes has been increasingly debated. The focus of such discussions has, however, largely been on practical issues and the contingent problems posed by private force. By contrast, this article considers the principled case for privatising humanitarian intervention. It focuses on two central issues. First, does outsourcing humanitarian intervention to private military and security companies pose some fundamental, deeper problems (...) in this context, such as an abdication of a state's duties? Second, on the other hand, is there a case for preferring these firms to other, state-based agents of humanitarian intervention? For instance, given a state's duties to their own military personnel, should the use of private military and security contractors be preferred to regular soldiers for humanitarian intervention? (shrink)

The 1830s and 1840s are the formative years of modern public health in Britain, when the poor law bureaucrat Edwin Chadwick conceived his vision of public health through public works and began the campaign for the construction of the kinds of water and sewerage works that ultimately became the standard components of urban infrastructure throughout the developed world. This book first explores that vision and campaign against the backdrop of the great "condition-of-England" questions of the period, of what rights and (...) expectations working people could justifiably have in regard to political participation, food, shelter and conditions of work. It examines the ways Chadwick's sanitarianism fit the political needs of the much-hated Poor Law Commission and of Whig and Tory governments, each seeking some antidote to revolutionary Charitism. It then reviews the Chadwickians' efforts to solve the host of problems they met in trying to implement the sanitary idea: of what responsibilities central and local units of government, and private contractors, were to have; of how townspeople could be persuaded to embark on untried public technologies; of where the new public health experts were to come from; and of how elegant technical designs were to be fitted to the unique social, political and geographic circumstances of individual towns. Rejecting the view that Chadwick's program was a simple response to an obvious urban problem Professor Hamlin argues that at the time a "public health" focusing narrowly on sanitary public works represented a retreat of public medicine from involvement with the great social issues of the Industrial Revolution. In exploring the views of medical men who were critical of Chadwick, Hamlin suggests the parameters of a public health that might have been, in which concern for health and well-being becomes the foundation of a public medicine that is a principal guarantor of social justice. This book offers modern public heatlh professionals elements of a forgotten professional heritage that might be useful in responding to the bewildering range of health problems we now confront. (shrink)

The post 9/11 environment has been characterized by domestic policy actors being incorporated into a globalizing defense industrial sector through the concept of civil-military integration. From administration to administration, the push for increased civil-military integration has spread beyond its original boundaries and has reached the frontlines of the American military. This begs the question, can the market-driven logic of the commercial sector be integrated into the objectives and values of the noncivilian, military sector? More precisely, is civil-military integration the appropriate (...) solution to the post 9/11 strategic shift? The purpose of this study is not to address the detailed merits or limitations of the increased reliance on private contractors. Rather, this study’s primary focus is to examine the policies that set into motion and continue to promote the cornerstone of civil-military integration: strategic outsourcing. This study argues that in today’s threat environment, the extent of civil-military integration poses unique challenges for U.S. strategic policy. With contactors on the battlefield, basic doctrinal issues emerge. The most basic of these is the notion that in a war zone military members are asked to risk their lives for their country. But, while people are willing to risk their lives for their country, they may not be willing to risk their lives for their company. (shrink)

Recent work in the ethics of war has done much to challenge the collectivism of the convention-based, Walzerian just war theory. In doing so, it raises the question of when it is permissible for soldiers to resort to force. This article considers this issue and, in doing so, argues that the rejection of collectivism in just war should go further still. More specifically, it defends the ‘Individual-Centric Approach’ to the deep morality of war, which asserts that the justifiability of an (...) individual’s contribution to the war, rather than the justifiability of the war more generally, determines the moral acceptability of their participation. It then goes on to present five implications of the Individual-Centric Approach, including for individual liability to attack in war. (shrink)

Abstract Private security contractors are just the tip of an outsourcing iceberg. Across the three Ds of defense, diplomacy, and development, American foreign policy has been privatized. The Obama administration inherited a government that had been hollowed out to an unprecedented extent, and in many realms it had and has no choice but to depend on contractors to conduct what used to be state business. This essay examines the reasons for and unintended negative consequences of this outsourcing (...) of American power. It argues that turning the clock back and returning everything to in-house assignments is both undesirable and impossible. Instead, government must pursue contracting in ways that do not undermine the public interest. It can do this by identifying the things that should never be outsourced and ensuring that the letter and spirit of the Federal Funding Transparency and Accountability Act is upheld. Greater transparency in contractor?government relations will foster private security contractor compliance with ethical norms while bolstering our capacity for self-government. Transparency is thus both an end in itself and a means to sustainable democratic deliberation. While tension can exist between national security and open government, that tension is often overestimated. (shrink)

Originally presented at a forum sponsored by Concerned Philosophers for Peace at the Eastern Division annual meeting of the American Philosophical Association (Philadelphia, PA: 29 December 2008), this essay discusses two ethical challenges in foreign policy likely to be confronted by the new U.S. presidential administration. The increased reliance on private military contractors, including security contractors, poses a number of difficulties, the most troubling of which is the erosion of civil-military relations. Modern military campaigns cannot be waged (...) without some degree of reliance on the logistical support such contractors provide, but their use makes it easier for governments to hide the true risks and costs of modern war from the electorate, serving to undermine key conceptions of “just war” principles like “legitimate authority” and “public declaration” of war. On the other hand, the dramatic increase in maritime piracy forces an unpleasant choice between either increasing defense spending on appropriate weapons systems and personnel during a global economic crises in order to provide enhanced maritime security, or else, ironically, relying even more on private security contractors to protect global shipping and transportation. Both these and similar foreign policy challenges focus attention on the need for “ethical interoperability,” the ability to share common notions of military ethics, public service, and professional responsibility among coalition military forces otherwise drawn from a variety of disparate national, cultural, and ethnic backgrounds. (shrink)

Nick Dyer-Witheford and Greig de Peuter. Games of Empire: Global Capitalism and Video Games . Minneapolis: University of Minnesota Press. 2009. 320pp. pbk. $19.95 ISBN-13: 978-0816666119. In Games of Empire , Nick Dyer-Witheford and Greig de Peuter expand an earlier study of “the video game industry as an aspect of an emerging postindustrial, post-Fordist capitalism” (xxix) to argue that videogames are “exemplary media of Empire” (xxix). Their notion of “Empire” is based on Michael Hardt and Antonio Negri’s Empire (2000), which (...) characterizes the contemporary world order as a decentralized system of global economic, political, and economic power that transcends national boundaries. In the view of the authors, Hardt and Negri’s account sets itself apart from other analyses of international politics by offering a “comprehensive account of conditions of work, forms of subjectivity, and types of struggle in contemporary capital” (xx). Dyer-Witheford and de Peuter thus divide Games of Empire into three sections to reflect each of these aspects of Empire ’s argument, seeing their work as the first account to explore “virtual games within a system of global ownership, privatized property, coercive class relations, military operations, and radical struggle” (xxix). Books in the University of Minnesota Press’s Electronic Mediations series “explore the humanistic and social implications” of new technologies that spark “significant changes in society and culture, politics and economics, thinking and being.” That’s an abstract goal, and one that Games of Empire surely meets. Yet at times it can be difficult to understand exactly which specific intervention this book seeks to make. It is unclear whether the authors of Games of Empire see their work as an indictment of game scholars’ lack of attention to political economy, or whether it’s a work of political theory hoping to show that other disciplines should be paying more attention to the production and play of videogames. Because Dyer-Witheford and de Peuter don’t directly criticize previous political critiques of gaming—such as Edward Castronova’s exploration of the “porous membrane” allowing two-way traffic between virtual economies and those of the real world, or Alexander Galloway’s unraveling of control protocols in algorithmic design, or Ian Bogost’s idea of political procedural rhetoric—they sometimes leave the reader wondering how to situate the book in the broader discourse on games and politics, either separately or together. Thus, Games of Empire might best be seen as an introduction to the writings of Hardt and Negri for game players and designers, rather than as a text for communicating the basic concepts of game studies and design. It is neither a truly new theory of games or digital media, nor is it a new theory of Empire—and that’s not a criticism. It is instead an introduction to Empire through popular culture, as Zizek does for Lacan in Looking Awry . If one were teaching an introductory course on contemporary political theory, this book would offer obvious inroads into Negri and Hardt’s thinking for a number of reasons. Despite its radical ideological bent, the book isn’t off-putting to readers who don’t necessarily share the authors’ politics. It synthesizes complex ideas from difficult thinkers like Marx, Foucault, and Guattari while integrating modifications and critiques of Empire theory itself. And although the book is dense, sometimes feeling longer than it actually is (just over 200 pages), Games of Empire maintains a breezy readability by tightly coupling core concepts of Empire theory to well-known games and widely-publicized conflicts within the videogame industry. The first section of the book focuses on immaterial labor, the accumulation of “cognitive capital,” and the global process of manufacturing videogame consoles. It is significant for the authors that videogames began as hacker experiments within research institutes of the military industrial complex, programmed on stolen time, before becoming a commodity (7). This is the first in a string of examples showing how creative dissidence and conflict fuel the continuing evolution of Empire’s control. Dyer-Witheford and de Peuter explain that the videogame industry now constitutes an international production apparatus dominating both creative work in developed nations and manual labor in developing ones. Because game industries in the United States, Western Europe, and Japan are predominately non-unionized, they serve as an exemplary system for analyzing how global capital exploits contemporary intellectual work—including an excellent analysis of the “EA Spouse” scandal of 2004. On the side of the consumer, the authors argue that rabid “console races” that drive the industry forward from a technological perspective serve to structure gamer identity and combat piracy; later in the book, these machines offer a window into the worlds of Congolese coltan mining and electronic waste (222-224). In the second section, Dyer-Witheford and de Peuter move on to deep case studies of individual games to show how the most popular game genres embed imperial assumptions about conflict, exchange, and urban life. First they argue that military training games such as Full Spectrum Warrior —co-developed by university researchers, industry developers, and military contractors—contribute to the “banalization” of war, a subjective state wherein perpetual preparedness for war is accepted as a part of everyday life (100). Chapter five covers Michel Foucalt’s notion of “biopower,” the extension of capital accumulation to life itself. The authors argue that virtual worlds such as World of Warcraft , which take market capitalism as a given and force players into essentialist roles and racial antagonisms, are organized to maximize control and profit (often on the backs of virtual currency “farmers” in China and southeast Asia). Finally, they criticize the naïve assumption that humor and cynicism in the popular sandbox game franchise Grand Theft Auto offer any remedy to its racialized, violent content. Instead, such games indulge and normalize the fantasy of getting rich at any cost by keeping the realities of contemporary urban life and corporate greed at a safe distance (181). Part three of Games of Empire focuses on “games of multitude,” a preliminary attempt to escape from Empire’s order through alternate modes of videogame development and play. Multitude is defined dialectically, as “the engine and the enemy” of Empire (187). This is the most important, yet also most contradictory section of the text. It lays bare the process by which Empire and its media feed our creative and intellectual development to overabundance. At a certain point, the force of the multitude reaches such a level that it threatens the stability of Empire; however, instead of following Hardt and Negri’s utopian assumptions about the radical potential of the multitude, the authors here follow Paolo Virno’s warning that Empire is “very good at adopting apparently iconoclastic practices and utopian ideas as management techniques and revenue sources” (188). At every turn, advances in player configurative power provide new sources of revenue and advertising angles for the game industry. A disappointing shortcoming of these latter pages is the lack of truly new examples for radical resistance within game development. Instead, it turns out that the radical left seems satisfied with the same mild successes that the left-of-center also has celebrated: artist’s mods, virtual world activism, and critical counterplay within strategy- and wargames. Having been frequently cited by many authors before Dyer-Witheford and de Peuter, this idea of subversion or resistance through play feels tired and unpersuasive. It is unclear if the authors believe it is possible to embrace game design itself as a way of pursuing what they call “exodus” from Empire, or if an all-too-fashionable subversion is the only workable strategy. While the book does explore how the earliest independent game studios were eventually subverted and incorporated into the game industry proper, it doesn’t affirm or critique more recent non-commercial, DIY game development projects such as Klik-of-the-Month Club and Ludum Dare. Dyer-Witheford and de Peuter’s analysis of so-called “tactical games,” including the editorial works of La Molleindustria, leads to an even more ambivalent take on the contemporary design ecology. At the conclusion of his essay on “Countergaming,” Galloway asserts that avant-garde videogame artists “should create new grammars of action […] should create alternative algorithms” (Galloway 125). Yet Dyer-Witheford and de Peuter characterize works such as McDonald’s Video Game and Oiligarchy as didactic, suggesting that the role of radical political games might be “limited to that of agitprop” (199). They are concerned that games like those of Molleindustria rigidly structure the activities of their players in order to prove a point. Yet, despite their repeated assertion that the equation of greater interactivity with democratic digital liberation is flawed, the authors see potential in policy simulators that “allow players to edit or tweak” (202) their parameters in response to what Bogost has called simulation fever , the simultaneous drive toward and fear of simulation (Bogost 108). The possibility of practicing radical design is bucked, and early attempts at critical game development like those of Molleindustria’s seem to be relegated to the status of exceptions that prove the rule for player-centered exodus. Overall, there is one glaring question Games of Empire leaves unanswered: how exactly are videogames the “exemplary media” of Empire, and what are the implications of videogames being exemplary in this way? Presumably Dyer-Witheford and de Peuter want to avoid essentialist claims, so they’re not keen on following Wark’s desire to mark “the game’s difference from [legacy media] as something that speaks to changes in the overall structure of social and technical relations” (Wark 225). It is also unclear how the production apparatuses, labor standards, and subjectivizing processes involved in the creation and use of other any other kind of digital media would fail to justify their equally exemplary status. Even the book’s concluding paragraph holds that virtual games “are one molecular component of this undecidable collective mutation” (Dyer-Witheford and de Peuter 229) of intellect, labor, and daily life. In the end, the authors seem to back away from their focus on games as exemplary to bring their work in line with broader theories of the gradual digitization of the everyday, in line with Galloway and Manovich. Despite these flaws, there is an undeniable elegance to Games of Empire ’s contrasting of gaming’s overwhelmingly imperial content with its multitudinous form . And its ambivalence about the potential of independent or political game development might be seen by scholars of Empire as a strength rather than a weakness, an acceptance that every new expression of multitude offers another opportunity for the expansion of Empire. The book also functions as a strong, all-encompassing call to greater responsibility on the part of mainstream game developers to be more conscious of the ideologies they embed in their work, of the way their intellectual property is used and manipulated by those who employ them, and of the material impact their industry has on the world at large. For players it offers a toolbox of concepts for radical examinations of their own play activities, asking them to be more cognizant of the consequences of their consumption of digital media and the ways in which their virtual lives interface with the real. REFERENCES Bogost, Ian. Unit Operations: An Approach to Videogame Criticism . Cambridge, Mass.: MIT Press, 2006. Castranova, Edward. Synthetic Worlds: The Business and Culture of Online Games . Chicago, Illinois: University of Chicago Press, 2006. Dyer-Witheford, Nick and de Peuter, Greig. Games of Empire: Global Capitalism and Video Games . Minneapolis, Minnesota: University of Minnesota Press, 2009. Galloway, Alexander. Gaming: Essays on Algorithmic Culture . Minneapolis, Minnesota: University of Minnesota Press, 2006). Wark, McKenzie. Gamer Theory . Cambridge, Mass.: Harvard University Press, 2007. (shrink)

continent. 1.4 (2011): 242—252. Introduction The following two works were produced by visual artist Jonas Staal and writer Vincent W.J. van Gerven Oei during a visit as artists in residence at The Bag Factory, Johannesburg, South Africa during the summer of 2010. Both works were produced in situ and comprised in both cases a public intervention conceived by Staal and a textual work conceived by Van Gerven Oei. It was their aim, in both cases, to produce complementary works that could (...) be read “through each other,” in which the movement of artistic construction would be imitated by textual deconstruction and vice versa. Both works deal with the way in which capital, apartheid, and monumentality are interwoven in South-African society. The Missing Link addresses a monument for democracy, erected on the premises of a private corporation running both an amusement park and the Apartheid Museum franchise. The textual intervention accompanying this public intervention investigates the limits of the inclusiveness of the anti-discrimination section in the South-African constitution, itself a monumental work of democracy. The Monument for the Distribution of Wealth deals with the history and eventual dissolution of a monumental square, commemorating the Soweto Uprising, in one of the poorest townships of Johannesburg. The history accompanying this public dismemberment of memory is equally fragmented, which is expressed by the many voices recounting uncertain and perhaps even irrelevant “facts” about the genius loci, the way in which the memorial space has actually entered into the memory of the inhabitants surrounding it. Next to their individual practices, Staal and Van Gerven Oei have worked together on a number of projects ever since 2007, including several art residencies. Their work involves an investigation of the different interfaces between art, politics, and public space in media ranging from theater and public interventions, to video installations and (co-authored) textual works. The Missing Link Missing Link (1) Missing Link (2) Missing Link (3) Intervention on the monument entitled The Seven Pillars of the Constitution , part of the Apartheid Museum in Johannesburg, South Africa. The Seven Pillars represent the constitutional values propagated in South Africa since the abolition of the apartheid regime. The monument and museum were built by the Gold Reef Resorts corporation, which is also responsible for the theme park and casino next to it. By placing the word “capitalism” on the wall surrounding the museum, the capitalist system and the constant social divisions that it implies are interpreted as sophistic continuations of apartheid politics. Through the capitalist system, apartheid is still operational within South African society. Whereas during the apartheid regime, the separation clearly ran along race divisions, in the current, “democratic” system, the same actual separation is sustained without it being an explicit element of the foundations of the country, i.e. the constitution. This intervention foregrounds the constant role of capitalism is both periods. At the same time the intervention acknowledges that contemporary Western artisthood is a mirror of the privileges that are offered by the capitalist system, and the type of artist that it produces. The intervention initiates a critical discourse concerning the capitalist system situated within the disaster of capitalism itself, in other words: through the desire to break with the presumption that art would be able to operate outside the capitalist system and to confirm that art—and the artist himself—is in fact modeled on this system. The public intervention by Staal was supplemented by a textual intervention by Van Gerven Oei: a proposition to alter the seventeenth amendment of the South African constitution. Even though the anti-discrimination legislation in South-Africa is one of the most stringent and inclusive in the world, one factor—wealth—remains outside its scope, thus continuing the schisms along racial lines produced during the apartheid regime: §9.3. The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth, and wealth. Monument for the Distribution of Wealth Intervention concerning the June 16 Memorial Acre in Central Western Jabavu, one of the poorest townships of Johannesburg. The monument comprises a park on which different are placed recalling an important protest the black population against the former apartheid regime. In 1976, from a school adjacent to the park, they started a massive protest against the introduction of Afrikaans in the school curriculum. The police reacted violently, and shot several hundreds of students. The construction of the June 16 Memorial Acre was started in 2005, and from the start was the paragon of corruption. Coordinated by local politicians, some family members of the protest leader from 1976 gained control of the realization of the monument, outside the regulation through external institutions. The available budget of 41 million rand (at that time well over 5 million euro) was largely embezzled. In the meantime, the monument has become fully dilapidated and defaced. The park has become overgrown with weeds and covered in a layer of dirt, and the local population is slowly plundering the square to use the material for the construction and decoration of their own houses. The Monument for the Distribution of Wealth develops the dynamics already existent around the June 16 Memorial Acre. Without obtaining official permission in advance, several local inhabitants were hired to break down the monument, sort the materials, and offer it to the neighborhood. Thus, the redistribution of wealth after the fall of the apartheid regime is finally taking place, albeit from the mere remains of the capital that was once invested in the community. The words “monument” and “for free” are spray-painted on the stacks of material, both in English and Zulu, as these are locally the most common languages. Van Gerven Oei supplemented Staal’s public intervention with an account of the history of the monument based on a series of interviews. The account clarifies how the different interests within the protest 1976 are reflected in the exceeding decay of the park, and how in the end those interests were represented by the June 16 Memorial Acre. Monument for the Distribution of Wealth 1: Removing stones Monument for the Distribution of Wealth 3: Pulling down statues Monument for the Distribution of Wealth 4: Offering the material Monument for the Distribution of Wealth 5: Offering the material Monument for the Distribution of Wealth 6 The next day A Fragmentary History of the Monument for the Distribution of Wealth, Formerly Known as the June 16 Memorial Acre in Central Western Jabavu, Soweto Vincent W.J. van Gerven Oei The following text, based on interviews and online research aims to provide parts of a history of the park in front of Morris Isaacson High School in Central Western Jabavu, Soweto. The idea for the transformation of the park into a memorial site has its source in the events of June 16, 1976: the start of the the student uprising in Soweto. The development of the park was started in the early 1980s, and the actual transformation into a memorial site, the June 16 Memorial Acre, was initiated in 2005. Over the last few years, several monumental additions have been made to the park: A marble monument with three pillars was revealed on June 16, 2006. A sculpture of a book and several billboards on June 16, 2008. A sculpture of student leader Tsietsi Mashinini on June 16, 2010. The park was transformed into the Monument for the Distribution of Wealth on August 3, 2010. According to the entry “Youth Struggle” on the website South African History Online, the Bantu Education Act was introduced in 1953 . In 1954 , Dr Verwoerd, Minister of Native Affairs, stated: “What is the use of teaching the Bantu child mathematics when it cannot use it in practice? That is quite absurd.” According to the entry “Soweto uprising” on Wikipedia, the Afrikaans Medium Decree was issued in 1974 , forcing all black schools to use Afrikaans and English in a 50-50 mix as languages of instruction. The Regional Director of Bantu Education (Northern Transvaal Region), J.G. Erasmus, told Circuit Inspectors and Principals of Schools that from January 1, 1975 , Afrikaans had to be used for mathematics, arithmetic, and social studies from standard five (7th grade). English would be the medium for general science and practical subjects. Indigenous languages would be used for religion instruction, music, and physical culture. According the entry “Soweto uprising” on Wikipedia, on April 30, 1976 , students from the Orlando West Junior School in Soweto went on strike, refusing to go to school. Their example was followed by other schools in Soweto. A student from Morris Isaacson High School, Toboho “Tsietsi” Mashinini, proposed a meeting on June 13, 1976 to discuss further action. According to Weizmann Hamilton’s article “The Soweto Uprising 1976,” which appeared in the September 1986 edition of Inqaba Ya Basebenzi (Fortress of the Revolution), on June 13, 1976 , the South African Students’ Movement called a meeting at the Donaldson Community Center in Orlando. 300-400 Students representing 55 schools decided to hold a mass demonstration on June 16. According to Brian Mokhele, member of the Joint Community Safety Forum, Dr Edelstein was the first victim of the Soweto uprising and killed the day before the march on June 15, 1976 . Edelstein was an administrator at the pass office in Jabavu and gave golf courses to the local community. Edelstein was put in a garbage bin and pierced by pickaxes. The garbage bin was left at the very spot of the murder for many years. A few years ago, a child was beheaded at the same spot, and the basketball court next to it has been abandoned since. According to Marcus Neustetter, founder of the Trinity Session, this story is untrue. According the entry “Soweto uprising” on Wikipedia, on June 16 , Tsietsi Mashinini led students from Morris Isaacson High School to join up with others who walked from Naledi High School. A crowd of between 3,000 and 10,000 eventually ended up near Orlando High School. According to Raymond Marlowe, a local photographer, Tsietsi Mashinini was heading the march. According to the entry “Hector Pieterson” on Wikipedia, Dr Edelstein died on June 16, 1976 , stoned to death by mob and left with a sign around his neck proclaiming “Beware Afrikaaners.” The first child to die that day was called Hastings Ndlovu. According to Pat Motsiri, Orlando West is claiming struggle heritage through the Hector Pieterson Museum, while Hector Pieterson was from Jabavu. According to Pat Motsiri, his generation effectively struggled between 1980 and 1991, forcing the release of Nelson Mandela and negotiations with the apartheid regime while the 1976-generation was safely in exile. Nevertheless, this has not been recognized in any monument. After the abolition of apartheid, the generation from 1976 returned from exile, occupied important government and ANC positions, creating an abundance of 1976 memorials and refusing to acknowledge that this was only possible because of the younger generation’s struggle. He calls this a generational conflict. According to Archibald Dlamini, the park officer responsible for the Memorial Acre, he started working for the municipality in 1978. In 1981/82 , Isaac Makhele from Pimville, who used to work in the cemetery business, was the first developer of the park. It used to be just a normal park until City Parks decided to develop the Memorial Acre in 2006. In 2007 the work was stopped by the community. According to Brian Mokhele, he left the country in 1989 after he participated in the riots of 1986. But when he returned in 1999 he found that nothing had changed. He says that they were promised to be protected by the Constitution, but that reality is different. The police uses fear to suppress them so that they don’t come out to talk openly. He has been arrested twice, both times harassed and tortured by the police, but in the end always released without indictment. He says that this is their way to threaten communities to back off from politics. According to Moses, who is sitting outside rolling a joint, Brian knows everything. He tells Brian to tell me everything he knows. According to Brian Mokhele, Tsietsi Mashinini was possibly murdered in 1990 during his exile in New York. Two weeks before he was supposed to return to South Africa, his papers in order, he was found dead under mysterious circumstances. His coffin was sealed when he was buried. According to Pat Motsiri, he came up with the idea for the Memorial Acre in 2003 . He submitted the documents for the proposal to the council, which sidelined him as soon as the budget came out in 2005 . According to Brian Mokhele, there was on estimation R 41,000,000 spent to redesign the park and turn it into the Memorial Acre. The millions were divided by Amos Masondo, the mayor of Soweto, the local councilor Bongani D. Zondi, and the director of the city of Johannesburg, Pat Lephunya. They were dividing the money between several contractors: Tsietsi Mashinini’s brothers were involved in the development of the park, they got the tender to do the green areas, the landscaping. Construction was done by other companies, some did the paving, the toilets, etc. EMBA, a private company appointed by the municipality was in control of the money flow, but the money was quickly gone. According to Raymond Marlowe, the contractor bought a BMW with the money. According to Archibald Dlamini, the Mashinini brothers got the tender, so the space would look more like the other places around in Soweto. It was agreed that after they were done, they would return the property to the municipality. They did whatever they could do. According to Mafaisa, a member of the Jabavu business community, he was one of the contractors for the landscaping and the pavement under Mpho Mashinini, one of the brothers. He says that I should contact Mavi for information on Mpho. According to Poi Stuurman, a local youth worker, Mafaisa is one of the guys who ran away with the money. According to Mavi, Mpho Mashinini was never a contractor. The contracts were organized by Sbu Butelezi, the former head of the Gauteng Department for Public Works. The June 16 Foundation and the Mashinini brothers will be the beneficiaries of the park when it is finished. According to Brian Mokhele, City Parks did not accept the Memorial Acre because it was not finished. The rest of the year, the unfinished park is not maintained, as should have happened. This was done deliberately so that in the end they can just clean the whole thing up and have a reason to redo the whole park. According to Brian Mokhele, the Mashinini brothers now work for the government. People that manipulate for money purposes always come from the government’s side. Because the park was left unfinished, the people from the neighborhood are taking away the stones to decorate their own homes with. According to Archibald Dlamini, because City Parks doesn’t accept responsibility of the park, he officially has nothing the guard, except for his cottage, which is municipal property. The thieves come at night and destroy the park, but he cannot do anything because he is sleeping. According to the website of the Thanda Foundation on June 16, 2006 a bronze statue of Hector Pieterson, the first child to die in the 1976 protests, made by Kobus Hattingh and Jacob Maponyane was unveiled in the Maponya Mall in Soweto. The statue is sculpted after the famous image shot by Sam Nzima of Mbuyisa Makhubo carrying the dead body of the boy. The sculpture was sponsored by the Thanda Foundation, founded by the Swedish entrepreneur Dan Olofsson and South-African entrepreneur Matthews Phosa. According to the official website of the City of Johannesburg, the Memorial Acre and Artwork were unveiled in 2006. According to a blog post on sowetouprisings.com, the Memorial Acre was still under development on July 24, 2006. According to Archibald Dlamini, City Parks only cleans up the park once a year just before the June 16 celebrations. Everybody is waiting for the Mashinini brothers to finish their job. The last time he talked with them was in 2007 . According to a sign on the school grounds of the Morris Isaacson High School, the June 16 Trail will be finished in 2008 . According to a blog post on sowetouprisings.com, the Memorial Acre contains another monument erected in Tsietsi’s honor. The monument was created as part of the Sunday Times Heritage Public Art program. Its physical form resembles a giant book which symbolizes the crisis in education experienced in 1976. On the face of the book is the map of the route taken by the students from Morris Isaacson High School in Central Western Jabavu to Phefeni Junior Secondary in Orlando West (currently the site of the Hector Pieterson Museum), while the back cover of the ‘book’ is inscribed with a tribute to Tsietsi Mashinini. The monument was revealed on June 16, 2008 . According to Marcus Neustetter, the billboards on the Memorial Acre were part of a school project realized in 2008. Following several workshops, the students from different high schools along the June 16 Trail were invited to work with artists on the billboards, while the neighborhood community was invited to watch the process during the festivities on June 15 and 16, 2008 . The billboards were supposed to be removed because of construction works on the Memorial Acre, which never ended up happening. According to Brian Mokhele, the former toilet facilities were converted into a house for the park officer. This park officer has been working for city parks for more than 12-15 years, but does nothing here, because the park, including the new toilet buildings, is not finished. The government is now moving around looking for people to take this job because they stopped it. They confronted everybody who was going in and chased them away. According to John, in 2009 , some girls, around 16 or 17 years old, were raped by four men who had been drinking in a local shebeen. When the bar quit they said that they would go home by car, but instead raped the girls on the Memorial Acre nearby. This happened in the unfinished toilets, because the doors couldn’t be closed. According to Brian Mokhele, there used to be some fences around the park because of the construction work that was eventually stopped, but these were also stolen. According to Archibald Dlamini, people from the neighborhood started about two and a half years ago, and the last piece was stolen near the end of 2009 . Sometimes he would catch someone with a roll of fence, and then use it for his own cottage. According to the official website of the City of Johannesburg, a statue of Tsietsi Mashinini by Johannes Pokhela was revealed on June 16, 2010 , “Youth Day.” According to Shirley Makutoane, deputy principal of Isaac Morrison High School, the statue of Tsietsi Mashinini, funded by the June 16 Foundation, has temporarily been placed within the school perimeter. The statue will be moved to the Memorial Acre when it will be finished, in 2011 . According to Brian Mokhele, beside the June 16 Foundation, there is also a June 16 Memorial Acre Foundation. Both foundations are quarreling about the money involved in the Memorial Acre project. Nobody knows who’s involved in them. According to Marcus Neustetter, the June 16 Foundation consists of people that were part of 1976 protest movement, local government officials, representatives of the Hector Pieterson Museum, and the council. According to students from the Isaac Morrison High School, the statue of Tsietsi Mashinini is on the school ground because on the Memorial Acre it would be vandalized by youths from White City, an adjacent neighborhood. Accorcing to Brian Mokhele, the statue of Tsietsi should eventually be mounted on the Memorial Acre. It is wrong that the statue is in the school at the moment, because it is not a public school. He wants the statues to depict the massiveness of the force that was coming into Soweto after the protests. According to Brian Mokhele, City Parks, City of Jo’burg, City Lights, and SAPS are making some sort of plan to take the plan back. They want to remove the trees from the Memorial Acre, and redesign the Memorial Acre into a relaxing park, without political content. They want to depoliticize the square. In doing so,they will have their own employment and not use local workforces. According to Brian Mokhele, the community wants to remove the monuments, amphitheater, and sculptures from the Memorial Acre because they do not resemble anything. The sculptures should be depicting the truth of what happened, because the Memorial Acre is a political heritage site. He wants to involve the people that actually participated in the struggle to make the monument so that everyone can enjoy it and get a better understanding of the struggle heritage. Therefore, he proposes collective ideology in which everyone has a say. This would prevent future vandalization of the monument. According to Pat Motsiri, the sculptures must depict the event around June 16, 1976. Like the story of Dr Edelstein, who was pierced by pickaxes, forced into a garbage bin and burned alive. According to Jonas Staal, the Memorial Acre should be destroyed, its elements stacked on pallets, thus forming the Monument for the Distribution of Wealth . According to Mafaisa, his men can do the work quickly. He has about twenty men working under him. (shrink)

This article presents an overview of traditional legal and regulatory incentives directed at achieving lawful corporate behavior, together with examples of more recent governmental incentives aimed at encouraging self regulation activities by corporations. These incentives have been differentiated into positive incentives that benefit corporations for actions that encourage or assist lawful behavior, and punitive incentives that only punish corporations for violations of legal or regulatory standards. This analysis indicates that traditional legal and regulatory incentives for lawful corporate behavior are overwhelmingly (...) punitive in their intended effects, while more recent governmental incentives to encourage voluntary corporate self regulation are much more positive in their intended effects.A prototype private compliance system containing typical features specified in governmental incentives for corporate self regulation was then analyzed applying the same positive/punitive analysis that was performed with the governmental incentives. This analysis suggests that corporate compliance programs that are structured to comply with Department of Defense regulations for defense contractors or the new Federal Organizational Sentencing Guidelines will reflect the same overwhelmingly punitive balance of incentives for lawful and ethical employee conduct as do the traditional legal and regulatory incentive systems for lawful corporate behavior. (shrink)

The field of war ethics changes its focus, and grows, in reaction to salient conflicts of the day – and this is how things should be. World War II made the deficiencies of contemporary law and policy crystal clear, remaining the obvious reference point up to this day. It was in reaction to the atrocities of the Vietnam War that Michael Walzer and others made just war theory relevant again, featured in military academies and politician’s speeches. The Iraq War inspired (...) the so-called revisionists in just war theory and fixated military ethicists’ glance on the complex conundrums of counterinsurgency, while G.W. Bush’s War on Terror ignited debates on torture, use of private military contractors and targeted killing. Had these wars been different, contemporary ethics of war would have dealt with different problems, or at the very least it would apportion attention and expertise differently. Consequently it is no surprise that the Russian invasion of Ukraine, launched clandestinely in April 2014 and escalated in February 2022, has generated its own ethical problems. A rare large scale, conventional, inter-state conflict, fought both with legacy Soviet systems and cutting edge contemporary technologies, the Russo-Ukrainian War is different from the asymmetrical, low-end (though not low harm) conflicts of the last thirty years. It is also marked by the almost complete disregard shown by the aggressor side to the issues of justice, both ad bellum and in bello ones. Indeed, as I write these words, use of nuclear weapons in offensive warfare is being openly threatened, and one is to assume, considered, by the Kremlin. Both frost and hunger are being weaponized against civilians, with the inhabitants of Ukraine being far from the only target, or casualty, of such policies. In a globalized world, the suffering is also global. While the issue of ad bellum justice is uncharacteristically straightforward, many other questions are anything but answered. Nuclear blackmail, and nuclear-backed imperialism, stand out as theoretically underappreciated yet vastly important problems. So does the role of the global community in limiting the spillover effects of the war from hurting the most vulnerable. Devising an appropriate international response to crimes against humanity and acts of genocide committed by a nuclear power, yet by conventional means, offers another set of stark problems. These heavyweight questions are just the very first ones that spring to mind when one contemplates the events of the current war. Russian attacks on power plants and heating stations, conducted at the verge of winter, unfortunately may be said to have some precedent in the actions of Western powers in Serbia and Iraq. Whether such attacks are legal under international laws of armed conflict, and, if they are legal, whether the laws should change is another subject ripe for debate. So is the issue of POW’s notorious vulnerability to wanton and needless cruelty, once again exposed by this war. The internment of Mariupol garrison commanders in Turkey seems to offer a glimpse of a solution far more civilized than the current system. As far as the ethics of novel military technologies are concerned, the widespread use of armed drones, permeating to ever lower levels of military organization has major, though unclear implications both for the future of drones and that of autonomous weapons. Does the wildfire proliferation of armed drones prove the attempts to frame them as illegitimate, morally suspect weapons were naïve and futile? Or does it prove ethicists should double down their efforts to shackle such technologies in their infancy? The general problem is far from the only one. What about the use of drones or autonomous weapons that cannot be tied to a particular actor against critical infrastructure, such as the Nord Stream pipelines? How are such attacks to be responded to or deterred? Regarding technology, this is also the first conflict of this size followed almost in real time by a truly global audience of sympathizers, spectators and trolls capable of impacting political and military outcomes through influence campaigns, donations, volunteer online work etc. It is clear that trying to sway one’s government to increase or cease support for a side of this conflict is not morally neutral, nor is transferring money for the war effort. How should we think of these new forms of extended participation in conflict? And given their importance, how should those who report the truth about the ugly realities of war proceed? What about pundits and commentators with large audiences – what are their responsibilities, and what standards can we expect of them? The questions that may be asked about the behavior of essentially private citizens may of course also be asked about the behavior of governments – and corporations. What degree of assistance to the victim state may be required? What degree of involvement with the aggressor state is permissible? What these and many other conundrums placed in the spotlight by the Russian invasion have in common is that they need answers – most quite urgently. Consequently we invite a variety of learned and considerate voices to opine on these in our journal’s special issue. Among questions and doubts, one thing is certain – when confronted with the evils of war, we cannot stay silent, and we cannot cease to reflect. (shrink)

Government have in the past embarked on many infrastructural programmes such as building of roads, hospitals, health centers in the rural areas, schools, etc for its citizens. A lot of projects have been carried out in the past years, there are institutions formed to carter for the implementation of such programmes, institutions like NEMA to check disasters, repair of roads, collapse buildings etc. NDDC was formed to take care of roads in the South East but many of these programmes and (...) institutions have not fared well in recent years because of corruption. Take for instance in the channels news of Tuesdays 16/6/2020 the new NDDC Director revealed how projects awarded to contractors in the past were all not carried out, funds meant for those purposes were all embezzled into private pockets. With the coming of Covid 19, governments have now found cover to say Covid 19 has attacked all revenue sources and so cannot carry out projects in the country. This is the burden of this work. Is it true that it is Covid 19 that halted the success of programme implementation in Nigeria? This is what this paper is out to ascertain. (shrink)

The spinal cord provides an alternative model for nerve tissue grafting experiments. Anatomo-functional correlations are easier to make here than in any other region of the CNS because of a direct implication of spinal cord neurons in sensorimotor activities. Lesions can be easily performed to isolate spinal cord neurons from descending inputs. The anatomy of descending monoaminergic systems is well defined and these systems offer a favourable paradigm for lesion-graft experiments.

Statistical network models have been used to study the competition among different products and how product attributes influence customer decisions. However, in existing research using network-based approaches, product competition has been viewed as binary, while in reality, the competition strength may vary among products. In this paper, we model the strength of the product competition by employing a statistical network model, with an emphasis on how product attributes affect which products are considered together and which products are ultimately purchased by (...) customers. We first demonstrate how customers’ considerations and choices can be aggregated as weighted networks. Then, we propose a weighted network modeling approach by extending the valued exponential random graph model to investigate the effects of product features and network structures on product competition relations. The approach that consists of model construction, interpretation, and validation is presented in a step-by-step procedure. Our findings suggest that the weighted network model outperforms commonly used binary network baselines in predicting product competition as well as market share. Also, traditionally when using binary network models to study product competitions and depending on the cutoff values chosen to binarize a network, the resulting estimated customer preferences can be inconsistent. Such inconsistency in interpreting customer preferences is a downside of binary network models but can be well addressed by the proposed weighted network model. Lastly, this paper is the first attempt to study customers’ purchase preferences and car competition together using weighted directed networks. (shrink)

The book examines the philosophical foundations of private law, arguing that the foremost preoccupations of the law of obligations are grounded in and pervade the personal lives of individuals.

Madeleine de Scudery played a previously unrecognized part in the development of modern ideas of married friendship, and the eighteenth-century version of the distinction between the public and private spheres, through the influence of her novels on the political views of Jean-Jacques Rousseau. Her development of the notions of tender friendship and tender love between the sexes helped change the way in which married love was conceptualized. She transformed the chivalric idea that women rule men through love, by making (...) it compatible with marriage, and her ideas concerning the appropriate relationship between husband and wife were adapted by Rousseau, without acknowledgement, in his account of the relationship between Emile and Sophie. (shrink)

Anti‐discrimination laws draw a distinction between two kinds of discrimination by non‐state actors. Intimate choices are protected even if they are morally wrong. For example, even if it is morally wrong to discriminate on the basis of race in deciding whom to date, marry or befriend, anti‐discrimination laws permit these acts. By contrast, commercial decisions are commonly regulated. I argue that the reasons for regulating commercial decisions also extend to an intermediate case, commercial facilitators of marriage choices. In the context (...) of the caste system, I argue that commercial facilitators should be banned from allowing customers to filter by caste. The argument is based on two considerations. First, this could mitigate the harmful effects of such discriminatory marriages choices in the (re)production of the oppressive caste system. Second, even if the ban fails in changing behaviour, it serves as an expressive goal of communicating the state's opposition to the caste system. (shrink)

In reflecting about experience, philosophers are prone to fall into a dualism of conceptual scheme and pre-conceptual given, according to which the most basic judgments of experience are grounded in non-conceptual impingements on subjects of experience. This idea is dubiously coherent: relations of grounding or justification should hold between conceptually structured items. This thought has been widely applied to 'outer' experience; at least some of the Private Language Argument can be read as applying it to 'inner' experience. In this (...) light, Wittgenstein's suggestion that a sensation is 'not a something' seems infelicitous. The main point of this reading of Wittgenstein is in Richard Rorty's Philosophy and the Mirror of Nature', but Rorty locates the point in the context of a subtle materialism, and a 'communitarian' substitute for first-person authority, which seem non-Wittgensteinian. (shrink)

A nationally representative survey of 2000 American adults shows broad support for prohibiting gun-possession on private land without the landowner's explicit permission. Many states have laws which permit concealed weapon carry unless explicitly prohibited by the landowner, but our survey suggests statistically-significant majorities would prefer “no carry” defaults with regard to homeowners, employers, and retailers. While respondents who are Republican, male, or gun owners are more likely to support “carry” defaults, we find that the majoritarian rejection of “carry” defaults (...) does not tend to vary by region or state. However, our survey does find majority support for a default right to possess guns in rented property and on an employer's parking lot. Respondents across all contexts also report substantial ignorance or misinformation about the law. Landowners who don't know or mistakenly believe that concealed carry is, by default, prohibited on their land may be less able to protect themselves by explicitly prohibiting such third-party possession. (shrink)

Widespread concerns about the long-term fiscal gap in Social Security have prompted various proposals for structural reform, with individual accounts as the centerpiece. Carving out individual accounts from the existing system would shift significant risks and responsibilities to individual workers. A parallel development has already occurred in the area of private pensions. Experience with 401 plans indicates that many workers will have difficulty making prudent decisions concerning investment and withdrawal of funds. Moreover, in implementing any system of voluntary individual (...) accounts, it will be important to design default settings that provide appropriate guidance for workers with heterogeneous levels of financial sophistication and risk tolerance. The central goal of Social Security reform should be to close the fiscal gap in a way that preserves rather than undermines the existing system of mandatory defined benefits for all workers. (shrink)

Entrepreneurship is the main engine of economic development. This paper aims to explore the impact of high executives’ entrepreneurial spirituality on the business performance in China under the background of “mass entrepreneurship and innovation.” By analyzing the relevant literature of entrepreneurship, the connotation and elements of ES are determined. According to the relevant research, we design the questionnaire of ES and business performance. The questionnaire was distributed to 100 private enterprise entrepreneurs by equidistant sampling, and 74 valid questionnaires were (...) recovered. According to the questionnaire, responsibility has the highest score, followed by innovation, proactiveness, and risk-taking. The ES of women is slightly higher than that of men. The entrepreneurs with higher education also have higher score in ES. After analyzing the impact of different elements of ES on enterprise performance using structural equation modeling and regression equation model, it is found that: ES has a positive impact on enterprise performance. Different factors of ES have different effects on business performance, and innovation and proactiveness play the greatest role. There is an inverted U-shaped relationship between innovation, risk-taking, and business performance. (shrink)

Contemporary republicans have adopted a less-than-charitable attitude toward private beneficence, especially when it is directed to the poor, worrying that rich patrons may be in a position to exercise arbitrary power over their impoverished clients. These concerns have led them to support impartial public provision by way of state welfare programs, including an unconditional basic income (UBI). In contrast to this administrative model of public welfare, I will propose a competitive model in which the state regulates and subsidizes a (...) decentralized and nonstatist provision of support for the poor. This model will fix the historically objectionable features of private provision by having the state prevent collusion among private charities, deliver information to recipients about alternative sources of assistance, and give substantial grants to charities as well as tax incentives and vouchers to donors. I will contend that such an approach would do a better job of minimizing domination of the poor than traditional welfare states and may prove more politically feasible than a UBI, at least in the near term in certain national contexts. (shrink)

S’il n’existe qu’un seul problème intellectuel et culturel vraiment sérieux concernant le capitalisme, c’est celui du manque d’une défense morale soutenue et largement connue, pour ne pas dire acceptée, de l’institution des droits de propriété privée.Il n’y a pas de doute, dans le monde actuel, qu’une société dotée d’une infrastructure légale où cette institution fait défaut connaisse un grave désordre économique. Le fait de ne pas respecter et protéger légalement l’institution de la propriété privée — et ses corollaires, comme la (...) liberté de contracter et de poser les termes par les parties en affaire — a provoqué les faiblesses économiques à travers le monde.Sans une défense morale, l’institution de la propriété privée, qui est la source de beaucoup d’ avantages pour nous tous, restera pour toujours vulnérable aux critiques, du style de celle de Karl Marx qui disait que “le droit de l’homme à la propriété est le droit de jouir de ses possessions et d’en disposer arbitrairement, sans souci des autres hommes, indépendamment de la société, le droit de l’égoïsme”.Cet essai proclame que contrairement aux sentiments et impressions répandus, l’institution des droits de propriété privée est en accord avec la conception pratique de la moralité humaine.If there is one really serious intellectual and cultural problem with capitalism it stems from the lack of a sustained and widely known, let alone accepted, moral defense of the institution of private property rights.Few doubt, in today’s world, that a society with a legal infrastructure that lacks this institution is in serious economic trouble. The failure to respect and legally protect the institution of private property — and its corollaries, such as freedom of contract and of setting the terms by the parties to trade — has produced economic weakness across the globe.Without a moral defense, however, the institution of private property, which is the source of a great many benefits to us all, will forever remain vulnerable to the critics, such as Karl Marx who said that “the right of man to property is the right to enjoy his possessions and dispose of the same arbitrarily, without regard for other men, independently from society, the right of selfishness.”This essay argues that contrary to such widespread sentiments and impressions, the institution of private property rights fully accords with a sensible conception of human morality. (shrink)

cannot understand the language.”[1] This is not intended to cover (easily imaginable) cases of recording one's experiences in a personal code, for such a code, however obscure in fact, could in principle be deciphered. What Wittgenstein had in mind is a language conceived as necessarily comprehensible only to its single originator because the things which define its vocabulary are necessarily inaccessible to others.

My aim in this essay is to explore the nature and force of “original-acquisition” justifications of private property. By “original-acquisition” justifications, I mean those arguments which purport to establish or importantly contribute to the moral defense of private property by: offering a moral/historical account of how legitimate private property rights for persons first arose ; offering a hypothetical or conjectural account of how justified private property could arise from a propertyless condition; or simply defending an account (...) of how an individual can make private property in some previously unowned thing . The “original acquisition” to which such justifications centrally refer, then, may be either the first instance of legitimate private property in human history , or only the first legitimate acquisition of some particular thing . But in either case, the justification will involve or entail the defense of one or more moral principles specifying how unowned things can become privately owned — that is, the defense of the kind of principles Robert Nozick has called “principles of justice in acquisition.”. (shrink)