The role of private food standards in agriculture is increasingly raising questions of legitimacy, particularly in light of the impacts such standards may have on food producers. While much work has been carried out at a macro policy level for developing countries, there have been relatively few empirical case studies that focus on particular food supply chains, and even fewer studies still of the impact of private standards on developed countries such as Australia. This study (...) seeks to address this imbalance, with a particular focus on examining the impact of private standards on an Australian vegetable supply food system in North Tasmania as well as tracing the impact of perceived and actual power relations among actors. Applying a governance framework and adopting a Foucauldian position we show that private standards are a “technology of power” that have risen out of a crisis discourse in the mid-1990s about on-farm food safety. Private standards have the effect of using knowledge from particular actors to establish truths about good agricultural practice (GAP), however we show that Tasmanian vegetable growers are not docile bodies and are employing alternative knowledge and technologies of power to challenge how GAP is implemented on-farm. (shrink)

The significance of private standards and associated local level initiatives in agri-food value chains are increasingly recognised. However whilst issues related to compliance and impact at the smallholder or worker level have frequently been analysed, the governance implications in terms of how private standards affect national level institutions, public, private and non-governmental, have had less attention. This article applies an extended value chain framework for critical analysis of Private Standards Initiatives (PSIs) in agrifood (...) chains, drawing on primary research on PSIs operating in Kenyan horticulture (Horticulture Ethical Business Initiative and KenyaGAP). The paper explores the legislative, executive and judicial aspects of governance in these southern PSIs highlighting how different stakeholders shape debates and act with agency. It is argued that governance is exercised ‘beyond the vertical’ in that one can identify wider horizontal processes of governance, including how the scope of key debates is constructed (especially in legislative governance) but analysis of executive governance emphasises the dominant role of the lead buyers. (shrink)

The rise of private standards, including those involving multi-stakeholder processes, raises questions about whose interests are served and the kind of power that is exerted to maintain these interests. This paper critically examines the battle for ideas—the way competing factions assert their own narratives about value chain relations, the role of standards and related multi-stakeholder processes. Drawing on empirical research on the horticulture and floriculture value chains linking Kenya and the United Kingdom, the analysis explores the framing (...) of sustainability issues, especially around labor issues and good agricultural practice, and the choice of response with respect to private standards and multi-stakeholder initiatives since the late 1990s. We identify four competing narratives currently in play: a dominant global sourcing narrative, a pragmatic development narrative, a broader development narrative and a narrative we term potentially transformative. This last narrative is currently emerging through the unpacking of narratives in relation to the framing of sustainability problems and solutions, and in terms of legislative, executive and judicial governance. The paper contributes to emerging understanding of power in value chains, moving beyond material power to a consideration of how ideational power is exerted and resisted. (shrink)

The implementation of transnational standards — in codes of conduct, certification, and monitoring initiatives — necessarily intertwines with domestic law and other types of rules. Yet much of the existing literature overlooks or obscures this fundamental point. Indeed, scholars often err either by treating private regulatory standards as transcendent or by viewing implementation as fundamentally a technical problem. This Article argues that understanding the operation of transnational private regulation requires attention to the layering of multiple rules (...) in a given location. It develops a framework for examining this layering and illustrates it by briefly looking at two major issues—community rights in sustainable forestry standards and freedom of association in fair labor standards — and their implementation in Indonesia. In various ways, these domains illustrate how conflict and complementarity between public and private standards structure the practice of private regulation. (shrink)

Recent scholarship has considered the implications of the rise of voluntary private standards in food and the role of private actors in a rapidly evolving, de-facto ‘mandatory’ sphere of governance. Standards are an important element of this globalising private sphere, but are an element that has been relatively peripheral in analyses of power in agri-food systems. Sociological thought has countered orthodox views of standards as simple tools of measurement, instead understanding their function as a (...) governance mechanism that transforms many things, and people, during processes of standardisation. In a case study of the Australian retail supermarket duopoly and the proprietary standards required for market access this paper foregrounds retailers as standard owners and their role in third-party auditing and certification. Interview data from primary research into Australia’s food standards captures the multifaceted role supermarkets play as standard-owners, who are found to impinge on the independence of third-party certification while enforcing rigorous audit practices. We show how standard owners, in attempting to standardize the audit process, generate tensions within certification practices in a unique example of ritualism around audit. In examining standards to understand power in contemporary food governance, it is shown that retailers are drawn beyond standard-setting into certification and enforcement, that is characterized by a web of institutions and actors whose power to influence outcomes is uneven. (shrink)

In recent years, global corporations and national governments have been enacting a growing number of codes of conduct and public regulations to combat dangerous and degrading work conditions in global supply chains. At the receiving end of this activity, local producers must contend with multiple regulatory regimes, but it is unclear how these regimes interact and what results, if any, they produce. This article examines this dynamic in the sugar sector in Brazil. It finds that although private and public (...) agents rarely communicate, let alone coordinate with one another, they nevertheless reinforce each other’s actions. Public regulators use their legal powers to outlaw extreme forms of outsourcing. Private auditors use the trust they command as company insiders to instigate a process of workplace transformation that facilitates compliance. Together, their parallel actions block the low road and guide targeted firms to a higher road in which improved labor standards are not only possible but even desirable. (shrink)

Multinational corporations (MNCs) have come under pressure to adopt private regulatory initiatives such as supplier codes of conduct in order to address poor working conditions in global supply chain factories. While a well-known literature explores drivers and outcomes of such monitoring schemes, this literature focuses mainly on large firms and has ignored the growing integration of small- and medium-sized enterprises (SMEs) into global supply chains. Furthermore, the literature on corporate social responsibility (CSR) in SMEs primarily emphasizes domestic initiatives and (...) not global challenges. Focusing on the Business for Social Compliance Initiative (BSCI), this article examines the positions of private actors, who demand and supply private regulation as well as the positions of those firms, who are the targets of such schemes. As the BSCI has grown its membership, MNCs increasingly request that SMEs meet BSCI requirements in global supply chains even though compliance is a “mission impossible” for many smaller firms. As a result of this development, the private regulatory system is facing growing strain. (shrink)

Democratic legitimacy is rarely associated with private governance. After all, private actors are not legitimized through elections by a demos. Instead of abandoning democratic principles when entering the private sphere of governance, however, this article argues in favour of employing alternative criteria of democracy in assessments. Specifically, this article uses the criteria of participation, transparency and accountability to evaluate the democratic legitimacy of private food retail governance institutions. It pursues this evaluation of the democratic legitimacy of (...) these institutions against the background of their ambivalent impact on the sustainability of the global agrifood system. The paper refers to a range of cases of private retail standards with different governance structures and substantial foci to illustrate its argument. (shrink)

This study aims to examine the effect of tuition fees, the effectiveness of the educational and administrative staff, and the aspiration for high-level universities in the future on the choice of private schools in Saudi Arabia. Moreover, examining the moderating effect of accreditation standards on the relationship between tuition fees, the effectiveness of the educational and administrative staff, the aspiration for high-level universities in the future, and the choice of private schools in Saudi Arabia. To achieve the (...) study objectives, the researcher used the descriptive design and quantitative approach, depending on the questionnaire as the main instrument for collecting study data. The study was applied to a sample consisting of (289) parents of pupils in private schools in the Asir region, who were selected randomly. The results of this study showed that the tuition fees, the effectiveness of the educational and administrative staff, and the aspiration for high-level universities in the future on the choice of private schools. Also, the results showed that accreditation standards have a moderating effect on the relationship between tuition fees, the effectiveness of the educational and administrative staff, the aspiration for high-level universities in the future, and the choice of private schools. (shrink)

Contemporary global politics is characterized by an increasing trend toward experimental forms of governance, with an emphasis on private governance. A plurality of private standards, codes of conduct and quality assurance schemes currently developed particularly, though not exclusively, by TNCs replace traditional intergovernmental regimes in addressing profound global environmental and socio-economic challenges ranging from forest deforestation, fisheries depletion, climate change, to labor and human rights concerns. While this trend has produced a heated debate in science and politics, (...) surprisingly little attention has been paid on the effects of private governance on questions of distribution and justice. This is highly problematic. At the beginning of the twenty-first century global inequalities are greater than ever before, while rapid economic, social, political, and environmental changes threaten to further derail sustainable development and humanitarian objectives. If private governance creates or intensifies some of the pressing global inequalities (e.g., food security), and alleviates others (e.g., environmental degradation), from a business ethics perspective, we need to know which aspects need to be strengthened and where appropriate interventions are necessary and desirable. This paper proposes a framework to examine and classify the distributive outcomes of private governance institutions through the lenses of one particular approach to distributive justice, the capability approach. Empirically, it focuses on agrifood one area where the controversy regarding the distributive concerns of private governance are particularly pronounced. (shrink)

The privation account of moral evil holds that the badness of morally bad acts consists not in the positive act itself or in any positive feature of the act but rather in the act’s lack of conformity to the moral standard. Traditionally recognized for its theological usefulness, the account has been the target of at least five recent objections. In this paper I offer a positive philosophical argument for the account and then show that the objections fail.

The problem of standard of care in clinical research concerns the level of treatment that investigators must provide to subjects in clinical trials. Commentators often formulate answers to this problem by appealing to two distinct types of obligations: professional obligations and natural duties. In this article, I investigate whether investigators also possess institutional obligations that are directly relevant to the problem of standard of care, that is, those obligations a person has because she occupies a particular institutional role. I examine (...) two types of institutional contexts: (1) public research agencies – agencies or departments of states that fund or conduct clinical research in the public interest; and (2) private‐for‐profit corporations. I argue that investigators who are employed or have their research sponsored by the former have a distinctive institutional obligation to conduct their research in a way that is consistent with the state's duty of distributive justice to provide its citizens with access to basic health care, and its duty to aid citizens of lower income countries. By contrast, I argue that investigators who are employed or have their research sponsored by private‐for‐profit corporations do not possess this obligation nor any other institutional obligation that is directly relevant to the ethics of RCTs. My account of the institutional obligations of investigators aims to contribute to the development of a reasonable, distributive justice‐based account of standard of care. (shrink)

Codes of conduct are the main tools to privately regulate worker rights in global value chains. Scholars have shown that while codes may improve outcome standards (such as occupational health and safety), they have had limited impact on process rights (such as freedom of association and collective bargaining). Scholars have, though, only provided vague or general explanations for this empirical finding. We address this shortcoming by providing a holistic and detailed explanation, and argue that codes, in their current form, (...) have limited impact on trade union rights due to (i) buyers paying lip service to trade union rights, (ii) workers being treated as passive objects of regulation in codes of conduct, (iii) auditing being unable to detect and remediate violations of trade union rights, (iv) codes emphasizing parallel means of organizing, (v) suppliers having limited incentives for compliance, and (vi) codes being unable to open up space for union organizing when leveraged in grassroots struggles. Our arguments suggest that there is no quick fix for codes’ limited impact on trade union rights, and that codes, in their current form, have limited potential to improve trade union rights. We conclude by discussing ways in which codes of conduct, and private regulation of worker rights more generally, could be transformed to more effectively address trade union rights. (shrink)

This article analyzes the institutionalization of the global organic agriculture field and sheds new light on the conventionalization debate. The institutions that shape the field form a tripartite standards regime of governance that links standard-setting, certification, and accreditation activities, in a layering of markets for services that are additional to the market for certified organic products. At each of the three poles of the TSR, i.e., for standard-setting, certification, and accreditation, we describe how the corresponding markets were constructed over (...) time and the role of the different actors in their evolution. We analyze the politics at stake among the actors at each pole, their competing or cooperative interests and visions, and the tensions between them in the promotion of markets. Through the lens of the TSR heuristic, we show that the institutionalization of the organic field beginning in the 1990s and its de facto inclusion in the broader sustainability field beginning in the 2000s contribute to a progressive distancing between the organic movement and its initial political project of alterity, to which public and private actors both contribute actively. As a set of interlinked market institutions, the TSR orients and narrows the scope of debate, which becomes restricted to “market-compatible” dimensions and objects. We conclude that the TSR is a promising heuristic for analyzing contemporary global regulation. (shrink)

This paper distinguishes five key interpretations of the argument presented by Wittgenstein in Philosophical Investigations I, §258. I also argue that on none of these five interpretations is the argument cogent. The paper is primarily concerned with the most popular interpretation of the argument: that which that makes it rest upon the principle that one can be said to follow a rule only if there exists a 'useable criterion of successful performance' (Pears) or 'operational standard of correctness' (Glock) for its (...) correct application. This principle, I suggest, is untrue. The private language argument upon which it rests therefore fails. (shrink)

In recent years, we have witnessed three parallel and intertwined trends: First, food retail and processing firms have embraced private standards, usually with some form of third party certification employed to verify adherence to those standards. Second, firms have increasingly aligned themselves with, as opposed to fighting off, environmental, fair trade, and other NGOs. Third, firms have embraced supply chain management as a strategy for increasing profits and market share. Together, these trends are part and parcel of (...) the neoliberal blurring of the older liberal distinction between state and civil society. In this paper I ask what the implications of these changes are from the vantage point of the three major approaches to ethics: consequentialism, virtue theory, and rights theory. What are the consequences of these changes for food safety, for suppliers, for consumers? What virtues (e.g., trust, fairness) are these changes likely to embrace and what vices may accompany them? Whose rights will be furthered or curtailed by these changes? (shrink)

For private property to be legitimately recognized as a universal human right, its meaning should pass the test of self-imposability by an end. In this Essay, we argue, negatively, that the prevailing understanding of private property cannot plausibly meet this demanding standard; and develop, affirmatively, a liberal conception which has a much better prospect of meeting property’s justificatory challenge. Private property, on our account, is an empowering device, which is crucial both to people’s personal autonomy and to (...) their relational equality. The liberal conception of the human right to property has both vertical and horizontal significance — it implies respect from both the public authority and other individuals — which means that it is thoroughly political but not necessarily statist. Our account generates important implications, both domestic and transnational. Domestically, it implies that whereas some property rights should be subject to strong constitutional protection, state law should facilitate other types of private and non-private property institutions, and these property institutions may well be subject to non-owners’ claims to access and, more broadly, to being treated respectfully. Furthermore, our conception of the human right to property requires that everyone have the unusual authority typical of full-blown private ownership. Transnationally, our analysis highlights a freestanding dimension of relational justice, which is relevant across borders even given that our distributive obligations are statist. This injunction of relational justice in transnational interactions brings into question the adequacy of the current state of the law, according to which these interactions are mainly governed by choice-of-law rules that conceptualize them as wholly subsumed under the capacities of the parties as citizens of their respective polities. (shrink)

The book roots corruption in the idea of a departure from conventional standards, and thus offers an account not only of its corrosiveness but also of its malleability and controversiality. In the course of a broadranging exploration, it examines various links between private and public corruption, connecting the latter with other social and political structures.

This paper moves beyond corporate environmental disclosure (CED), and examines the concept of corporate sustainability disclosure (CSD) and CSD standards. While sustainability disclosure has been adopted by some larger firms, the majority of transnational firms do not yet participate in this process. This paper develops a framework and propositions for effective CSD standards. Consistent with general literature on standards, this study suggests that CSD standards that are broadly-focused and developed by private standard setters (e.g., GRI) (...) hold the greatest promise for widespread acceptance. Furthermore, the paper suggests that financial analysts--who provide the metrics for firm valuation—should participate in developing a universal set of CSD standards, in order to promote acceptance. (shrink)

The focus on animal welfare in society has increased during the last 50 years. Animal welfare legislation and private standards have developed, and today many farmers within animal production have both governmental legislation and private standards to comply with. In this paper intentions and values are described that were expressed in 14 animal welfare legislation and standards in four European countries; Sweden, United Kingdom, Germany and Spain. It is also discussed if the legislation and (...) class='Hi'>standards actually accomplish what they, in their overall description and ethics, claimed to do, i.e. if this is followed up by relevant paragraphs in the actual body of the text in the legislation and standards respectively. The method used was an on-line questionnaire from the EconWelfare research project and text analyses. This study shows that the ethical values within a set of legislation or private standards are not always consistently implemented, and it is not always possible to follow a thread between the intentions mentioned initially and the actual details of the legislation or standard. Since values will differ so will also the animal welfare levels and the implications of similar concepts in the regulations. In general, the regulations described were not based on animal welfare considerations only, but also other aspects, such as food safety, meat quality, environmental aspects and socio-economic aspects were taken into account. This is understandable, but creates a gap between explicit and implicit values, which we argue, can be overcome if such considerations are made more transparent to the citizens/consumers. (shrink)

The standard rule of single privative modification replaces privative modifiers by Boolean negation. This rule is valid, for sure, but also simplistic. If an individual a instantiates the privatively modified property (MF) then it is true that a instantiates the property of not being an F, but the rule fails to express the fact that the properties (MF) and F have something in common. We replace Boolean negation by property negation, enabling us to operate on contrary rather than contradictory properties. (...) To this end, we apply our theory of intensional essentialism, which operates on properties (intensions) rather than their extensions. We argue that each property F is necessarily associated with an essence, which is the set of the so-called requisites of F that jointly define F. Privation deprives F of some but not all of its requisites, replacing them by their contradictories. We show that properties formed from iterated privatives, such as being an imaginary fake banknote, give rise to a trifurcation of cases between returning to the original root property or to a property contrary to it or being semantically undecidable for want of further information. In order to determine which of the three forks the bearers of particular instances of multiply modified properties land upon we must examine the requisites, both of unmodified and modified properties. Requisites underpin our presuppositional theory of positive predication. Whereas privation is about being deprived of certain properties, the assignment of requisites to properties makes positive predication possible, which is the predication of properties the bearers must have because they have a certain property formed by means of privation. (shrink)

Are public and private standards affecting farmer knowledge and moving farm practices toward food safety and environmental sustainability in China? We surveyed 355 apple farmers involved in chains supplying a diversity of retailing points, including supermarkets. Using a multivariate regression model, we find no measurable evidence that the certification schemes of farm bases and agribusiness companies lead to improved apple growers’ knowledge regarding pest and disease management. The observed behavioral changes are mainly prompted by delegated decision-making towards leaders (...) of farm bases, which raises questions on the long-term changes in farmers’ practices and on the fundamental values and ethics of China’s agrofood system that is governed through the standards. (shrink)

Although there is a long-standing international debate concerning the privatization and corporatization of health services, there has been relatively little systematic analysis of the ways these types of reform manifest. We examine the impact of privatization and corporatization on public hospitals, and in particular on hospitals’ autonomy and accountability, with two aims: to uncover the key themes in the literature, and to consider implementation issues. The review of 2,319 articles was conducted using content analysis and a discussion of selected key (...) issues. Several major themes appear in the privatization and corporatization literature, including their use as tools in health systems reform, and the role of governments in sponsoring the processes. We show that much of the underlying argument is ideological rather than evidence based. Those who promote versions of privatization or corporatization claim that decreased government involvement in the management of hospitals leads inter alia to benefits such as greater efficiency, better quality services, and increased choice for patients. Those who argue against say that increased privatization leads to deleterious outcomes such as decreased equity, compromised efficiency and poorer quality of care. The evidence is often weak and at times conflicting. Privatization and corporatization are difficult to implement, and at best produce mixed results, and their impact seems to depend more on the motivation of the evaluator than the standard of the results. These debates are of a type that is to a large extent only resolvable ideologically. (shrink)

The book roots corruption in the idea of a departure from conventional standards, and thus offers an account not only of its corrosiveness but also of its malleability and controversiality. In the course of a broadranging exploration, it examines various links between private and public corruption, connecting the latter with other social and political structures.

This paper argues that the approach to questions of authority, legitimacy, and personal identity characteristic of contemporary European law presents a paradox. The power of the legal project that emerged after the French Revolution lay in its deployment of the notion of abstract legal subjectivity to challenge claimed authority. Much is made of the public law dimensions of this revolutionary moment—the creation of political constitutions establishing national citizenship and human rights standards. But the transposition of abstract legal subjectivity into (...) the private law through national social constitutions like Civil Codes has been far less successful.legal subjectivity in public law regimes necessarily privileges some personal identities over others in its construction of citizenship. These privileged identities of public law citizenship limit how legal subjects can express their identities in the private law. The paper proposes an alternative, pluralist, theorization of the diverse, iterative character of everyday human interaction that gives content to the idea of legal subjectivity in the private law. It seeks to reconcile a public law of abstract, unitary citizenship with a private law of plural legal subjectivities in a manner that advances the project of democratic constitutionalism. (shrink)

The positions on private landownership of two libertarian scholars thought to have a wide following in that movement are examined The libertarians —Murray Rothbard and Robert Nozick—hold positions which are untenable. Rothbard's theory is almost indistinguishable from John Locke's and rests on the labor theory of ownership and the admixture theory of labor; standards which are too vague. Nozick believes that making something valuable gives a right of ownership, but again the standard is too ambiguous. And it is (...) necessary to appropriate a thing before one can improve it. The value added theory permits a utilitarian justification of landownership involving the payment of compensation to non-owners. (shrink)

The past two decades have witnessed the emergence of corporateassociation- and standards-based forms of environmental selfregulation. Private environmental governance is commonly presented as being a market-driven phenomenon. Firms seek to manage their environmental impacts as a means of achieving cost-based or differentiation-based advantages. Yet, these innovations are necessarily embedded in the regulatory policies and institutions of nation states and thus subject to the dynamics of regulatory change. Historically, economic crises have stimulated significant regulatory changes that have, more often (...) than not, resulted in an expansion of public regulation and a diminution of self-regulation. This Article considers the ramifications of the global financial crisis for the development of private environmental governance. (shrink)

Stewardship—the caring for fellow human beings as well as the nonhuman world—is receiving increasing attention from scholars in the field of global environmental change. Recent publications underscore that stewardship is becoming a key norm within the global international system of states, but that in remaining state-centric, stewardship fails to create a deeper systemic transformation of the international system’s normative structure. In this article, we examine whether stewardship also underpins hybrid governance arrangements, which are a combination of public requirements and (...) class='Hi'>private standards, with a specific emphasis on certification. We argue that a stewardship ethos requires citizenship, compassion and sufficiency. We, thus, contribute to the burgeoning literature on certification by focusing on normative principles that are fundamental for sustainability governance, but have so far been neglected in governance research. Empirically, we are able to reveal broader implications of the normative transformations underway in global sustainability governance. To add depth to our analysis, we concentrate on palm oil, an agricultural commodity, which serves for food purposes and as a substitute for fossil fuels to mitigate global warming. Palm oil is representative of the interlinkages between social and environmental objectives, which are at the core of the notion of stewardship as conceptualized in this article. We find that stewardship underpins hybrid governance arrangements but momentarily it is realized only in niches. We argue that in order to move to a state of global stewardship, we need a bolder public policy agenda which respects environmental limits, acknowledges boundaries for the global poor, and allows for the expression of emotions in public dialogue. (shrink)

This paper concludes the special issue of Agriculture and Human Values devoted to private governance of global agri-food systems. Rather than aiming to summarize the findings of the various papers that make up the issue, it highlights a number of cross-cutting issues relating to the increasing role of private governance. Key issues that are discussed include the legitimacy of private governance of agri-food systems and the scope for trade-off between its various dimensions, private governance in a (...) global context and the motivation for firms to engage in governance. Throughout, the major focus is on unresolved issues and on-going controversies with the intention of stimulating further research in this area. (shrink)

I develop an account of private property that preserves public participation and access. A focus on the initial state of common ownership, labour, and the proviso reveals that standard Lockean defences of property ignore important common interests. In consequence, property rights over environmentally significant goods must be less strong than full liberal rights, and I show how these will be designed.

In this chapter we address what we call “The-Everybody-Did-It” (TEDI) Syndrome, a symptom for collective negligence. Our main thesis is that the character of scientific communities can be evaluated morally and be found wanting in terms of moral responsibility. Even an epistemically successful scientific community can be morally responsible for consequences that were unforeseen by it and its members and that follow from policy advice given by its individual members. We motivate our account by a critical discussion of a recent (...) proposal by Heather Douglas. We offer three, related criticisms of Douglas’s account. First, she assumes that scientific fields are communicative communities. Second, in a system where the scientific community autonomously sets standards, there is a danger of self-affirming reasoning. Third, she ignores that the character of a scientific community is subject to moral evaluation. We argue that these omissions in Douglas’s theory leave it with no adequate response to TEDI Syndrome. Moreover, we deny that science ought to be characterized by unanimity of belief among its competent practitioners, this leads easily to the vices of close-mindedness and expert-overconfidence. If a scientific community wishes to avoid these vices it should create conditions for an active pluralism when it and its members aspire to the position of rational policy decision-making. (shrink)

Examining the effectiveness of the Kant’s Refutation of Idealism as a critique of a Cartesian account of consciousness, I argue that Kant's reasoning turns on the insight that self-knowledge presupposes independent temporal determination of the self. This insight bears an intriguing resemblance to claims about meaning and justification that appear in Wittgenstein's later work. Much as Wittgenstein rules out the possibility of a private language, whose meanings derive from acts of inner ostensive definition, on the ground that language requires (...) an independent standard of meaning, so Kant shows that there must be objects in space and time outside me because they constitute the only independent standard of temporality, relative to which I can be conscious of my own existence as determined in time. But Kant only partially anticipates Wittgenstein because the former does not fully appreciate the linguistic nature of judgment. (shrink)

Extant studies on private regulation have not reached a sufficient understanding about the interplay between private and public regulations, due to underdeveloped theoretical framework and the lack of large-sample empirical investigations. Leveraging ISO 14001 adoption among Chinese firms as the research context, the current research draws on the institutional theory to examine how firm’s adoption of ISO 14001 standard, as a specific form of private regulation, affects the incidence of public environmental inspections. To test our arguments, we (...) conduct two empirical studies. Study 1 uses the first-hand data of a corporate social responsibility survey on Chinese manufacturing firms, whereas Study 2 deploys the second-hand longitudinal archival data of the government environmental inspections on Chinese listed firms. Both of the two studies reveal consistent findings that ISO 14001 adoption decreases the incidence of government environmental inspections, and that the effect of ISO 14001 adoption becomes stronger in state-owned enterprises and firms with top management team’s political ties. Our findings are suggestive of a complementary relationship between private and public regulations, in a sense that private regulations can compensate for the weaknesses of public regulations by offering faster, more flexible and cost-efficient means of enforcement, which allows the public authorities to economize on the deployment of public resources to monitor the rest non-compliant firms. (shrink)

What I suggest we can see in this brief overview of the literature is an extensive interpenetration on both sides of these debates between scientific, political, and social values. Important shifts in political and social values were of course occurring over the same period, some of them in parallel with, and perhaps even contributing to, these transitions I have been speaking of in evolutionary discourse. The developments that I think of as at least suggestive of possible parallels include the progressive (...) encroachment of public values into the private domain of post-World War II American life, the cold war, the rise of consumerism, and the flowering of what Christopher Lasch calls a “narcissistic individualism.”35 In popular language, the 1960s gave birth to the “me” generation. Perhaps the most tantalizing analogue is suggested by Barbara Ehrenreich's argument for the emergence of a new meaning of masculinity — an ideal of masculinity measured not by commitment, responsibility, or success as family provider, but precisely by the strength of a man's autonomy in the private sphere, his resistance to the demands of a hampering female.36 It is tempting to speculate about possible connections between changes in scientific discourse and developments in the social and political spheres, but such connections, however suggestive, would clearly have to be demonstrated.For now, however, I want to focus on another kind of change —a transformation not so much in the social or political sphere as in the scientific sphere. I make this turn, or return, in support of a more complex account of scientific change that incorporates reverberations within the scientific communty along with social and political changes.In the 1960s, all of biology was undergoing a major transformation in direct response to the dramatic successes of molecular biology. These successes seemed to completely vindicate the values on which the molecular revolution was premised — namely, simplicity and mechanism. Following the victory of Watson and Crick, and of others after them, the fever of that endeavor swept through biology leaving in its wake a new standard of science, and of scientific discourse — one predicated on clarity, simplicity, and analyzability; on the definition of legitimate questions as those capable of clear and unambiguous answers. Every biological discipline felt it — even evolutionary biology, which in some respects was at the furthest pole. Perhaps precisely because it seemed conceptually so remote, evolutionary biology may have felt it most of all. Lewontin inadvertently provides us with some direct support for this view. Indeed, he begins his introduction to Population Biology and Evolution with the following remarks: The twenty years since World War II have seen a vindication in biology of our faith in the Cartesian method as a way of doing science. Some of the most fundamental and interesting problems of biology have been solved or are very nearly solved by an analytic technique that is now loosely called “molecular biology.” But it is not specifically the “molecular” aspect of biology of the last twenty years that has led to its success. It is, rather, the analytic aspect, the belief that by breaking systems down into their component parts, by simplifying them or using simpler organisms, one can learn about more complex systems. As it happens, the problems that were attacked and are being attacked by this method lead to answers in terms of molecules and cell organelles.... There is a host of problems in biology, however, that has been much neglected in these twenty exciting years, because the answers to them cannot be meaningfully framed in molecular and cellular terms.37Lewontin is referring, of course, to problems in evolution. The remainder of his remarks is devoted to an argument for the applicability of the method, if not the content, of molecular biology to these problems. He writes, “It is not the case that molecular biology is Cartesian and analytic while population biology is holistic. Population biology is properly analytic and operates, within the framework of its own problems, by the process of simplification, analysis, and resynthesis.”38 With these remarks, he leads into the criticism of the “holists” who have “held up progress.”This new ethic of simplicity, clarity, and mechanism — embodying the very virtues lauded by Williams — was explicitly carried into evolutionary biology in the name of scientific progress. As it happened, the values implied also fit conveniently well with other values — each set of values providing crucial support for the other.However substantive the scientific gains may have been in some respects, the net effect of this ethic has also been a systematic “perceptual bias” — a bias with profound practical consequences for the entire program of methodological individualism in evolutionary biology, if not elsewhere as well. It may well be that the whole is equivalent to the reconstituted aggregate of its parts, if, in the process of aggregation or summation, all possible interactions among the parts are included. But if certain kinds of interactions are systematically excluded, our confidence in that program necessarily founders. My claim here is that such systematic exclusion does occur, and that it occurs on a number of different levels. To briefly review the interlocking kinds of “bias” that I see occurring in practice, I suggest the following schematic listing:On the most general level: The ethic of simplicity — the privileging of certain values, even certain methodologies, as having an a priori superior claim to scientific credibility.Only slightly less general, and crucially related, is the equation of “scientific” with “tractible”: Given the techniques of analysis available, the equation of science with what we can do inevitably leads to a systematic technical bias favoring simplicity. That is, because we don't know how to model complex dynamics, nonlinear interactions are systematically biased against because of the limitations of our technical know-how. The consequences of this equation of the scientific with the tractible are greatly compounded by the additional equation between what we can do and what is — that is, by our temptation to confuse tractibility with reality.Finally, and also closely related, a further kind of elision occurs even within the confines of tractibility. This kind of elision — taking the form almost of inferring tractibility from one's prior assumptions of what is real — is exemplified by the history of a mathematical ecology of mutualism. Even when mutualism can be introduced into the same technical machinery, it is still not pursued. The basic assumption is that competition is what is real, not because it is easier to model, but because it is what we expect. When the actual difficulties of modeling competition are then in turn suppressed, as in the Robert May story, what we have, given the temptation to equate the tractible with the real, is the possibility of a truly self-fulfilling prophecy. (shrink)

In this paper, I argue that neither the #257 argument nor the #258 argument in Wittgenstein's Philosophical Investigations undermines the coherence of the Cartesian Model, according to which a sensation word, such as `headache' or `tickle', gets its meaning in virtue of an act of `inner' association or ostensive definition. In addition, I argue against the standard assumption that the diarist's language of #258 is logically private.

Heath’s paper on privatization defends a broadly welfarist-economic approach in thinking about the legitimacy of privatizations. This approach is ‘instrumentalist’ (in contrast to deontological approaches). In this response, I accept the value of an instrumentalist approach to privatization, but argue against Heath’s welfarist version of it, and argue in favor an alternative. First, the ends we seek when thinking about socially vital goods (our theory of public interests) should go beyond Pareto-efficiency. Second, as to the means we employ to realize (...) these ends, we need a view of markets which takes into account not just their competitiveness, but also the distribution of power. This means we need to differentiate market types. Third, we need to differentiate ownership types beyond the standard shareholder-owned company. Alternative ownership structures may be able to realize public interests more easily and hence make privatization less problematic. On these three issues, the picture Heath sketches leaves out too many of the variables that, in the end, may be decisive in whether or not a privatization is acceptable. (shrink)

Research Ethics Boards (REBs) provide oversight for Canadians that research projects will comply with standards of ethics if the studies are carried out as described in the documents that have been approved. While REBs have traditionally been affiliated with institutions such as universities and hospitals, a number of factors - including the increased volume of research being conducted outside academic centres - have resulted in the establishment of some private or independent REBs. This, in turn, has raised concerns (...) about the credibility of REBs in the private sector and their capacity to handle issues around conflict of interest. This Breakout Session was an opportunity to hear the perspectives of people associated with institutional and private REBs and examine perceived problems with boards in the private sector, scrutinize theoretical and structural differences between types of REBs, and look at whether or not there is room for both institutional and private boards in the Canadian research review landscape. (shrink)

Suppose we agree to reject the view that privacy has narrow scope and consequently is irrelevant to the constitutional privacy cases. We then have (at least) these two options: (1) We might further emphasize and draw out similarities between tort and constitutional privacy claims in order to develop a notion of privacy fundamental to informational and Fourth Amendment privacy concerns as well as the constitutional cases. We can cite examples indicating this is a promising position. Consider consenting homosexuality conducted in (...) one's home, for instance. We view it as a private matter, whether the state is seeking to regulate the behavior, or if others are attempting to gain or exploit information about it. I believe basic conceptual similarities between tort and constitutional interests can be identified by showing that there is a range of similar reasons for protecting both tort and constitutional privacy concerns. We might worry, however, that a comprehensive concept of privacy may be too general to be very useful, given that privacy violations can be so diverse, and can arise, for example, from misuse of confidential information, from conduct that is intrusive even if no information is gained or disclosed, from disturbance of an intimate relationship, or from disruption of various other important aspects of one's life.(2) We could concede that whatever “privacy” means in the tort and Fourth Amendment cases, it means something different in the constitutional cases. Nevertheless, we might take that “something else” seriously as a distinct but legitimate use of the term which is not “spurious” but is reflected in our ordinary language. This appears to me to be a fruitful alternative. After all, contrary to Henkin's view that tort privacy is “what most people mean by privacy,” the term is often used in contexts beyond informational privacy and clearly related to the interests at stake in the constitutional cases. Thus, for example, in a pamphlet explaining how to protect children by teaching them how to say “No!” to strangers without making them paranoid or antisocial, parents and teachers are told, Children have a right to privacy. Teach it. Reinforce it. One of the ways to help children prevent sexual assault is to encourage them to develop a sense of physical integrity. A sense that they have a right to their own body space and privacy. Just as we allow them to close the door when they use the bathroom, we must allow them to say no to any unwanted physical affection and touch. Flora Calao and Tamar Hosansky, “The Key to Having Fun is Being Safe: Teaching Personal Safety to Children,” The Safety and Fitness Exchange, 1123 Broadway, N.Y., N.Y. 10010. Unfortunately, the most obvious starting point for identifying the sense of private relevant to the constitutional cases is extremely worrisome. The Court itself has said ... only personal rights that can be deemed “fundamental”...are included in this guarantee of personal privacy...the right has some extension to activities relating to marriage...procreation...contraception...family relationships... and child rearing and education.Roe v. Wade, 410 U.S. 113 (1973).The difficulty, of course, is that little more is offered by way of explanation of which rights are “personal” or “fundamental” or both. Focusing on marriage makes Roe v. Wade difficult to understand given that Ms. Roe was unmarried, and attending only to family issues does not help us make sense of the Stanley case protecting one's right to view pornography in one's home. It is perhaps more problematic that decisions such as what color shoes to wear are reasonably viewed as personal, yet are far from fundamental enough to warrant protection. And regulations governing the draft and employment, for example, are not viewed as privacy invasions although they might be said to interfere with matters of one's life that are both fundamental and personal in the vague sense described.Before we give up in frustration, however, I would urge that we recall that even in tort law the notion of privacy has been evolving through a constellation of judgments. Although there is no fixed way of using the term which we then proceed to analyze, the concept of privacy has not in those cases been taken to be meaningless or empty. Similarly, there is reason to believe that the scope of a “personal and fundamental” notion of privacy relevant to the constitutional cases can be further delineated through a consideration of cases, especially since it seems to me that in many cases application of the term is clear and unproblematic. A decision to have a vasectomy, for example, can uncontroversially be said to be a personal and fundamental one, and it is in that sense private. We fail to acknowledge the personal significance in an individual's life of forcing or refusing him the operation if we deny that this important sense of privacy is relevant to such a decision merely because an interest in determining for oneself what one ought to do is also at risk.Of course, once it is settled that something is a private matter, it is a separate issue to decide whether or not, in some social context, an invasion of it can be justified. Thus, I would claim, a mandatory sterilization program for male recidivists or for those in a country suffering grave poverty and overpopulation does invade privacy, and the social or legal question is whether or not the invasion can, in the particular circumstances, be justified. Although all will agree that both individual and social interests must be balanced by moral philosophers as well as the courts, in conflicts we will not always agree on the weight to be accorded individual claims.I have not provided a constitutional defense for citing privacy as one right at stake in the constitutional privacy cases. Nor have I attempted to enter the debate about how strictly to interpret the Constitution. But if I am correct, then we can agree there is an important interest in privacy at issue in those cases without merely conflating privacy and autonomy or liberty, and can continue the process of marking out its boundaries. If we reach such agreement, we will have made considerable progress. Moreover, the implications of this view are significant. Current constitutional standards, controversial though they may be, require “strict scrutiny” for cases concerning “fundamental values,” and privacy has been judged to be one such value. Thus these privacy claims have a greater chance of being protected when they conflict with other rights or general interests than they would have if only liberty, or freedom from governmental interference, were involved. (shrink)

The article argues that persons should be conceived as self-owners and entitled to acquire private property within justifiable property conventions because they should be able to live as project pursuers. This is the ‘project pursuit argument’. It leads to a conception of self-ownership that is stringent, but weaker than standard libertarian notions of self-ownership, and to an understanding of private property as a convention that has to meet a sufficientarian threshold in order to be justifiable.

This book is a large-scale historical reconstruction of liberal legalism, from its inception in the mid-nineteenth century, the moment in which the jurists forged the alliance between political liberalism and legal expertise embodied in classical private law doctrine, to the contemporary anxiety about the possibility of both a liberal solution to the problem of political justification and of law as a respectable form of expert knowledge. Each stage in the history is a moment of synthesis between a substantive and (...) a methodological idea. The former is the liberal political theory of the period, purporting to provide a solution to the problem of political justification. The latter is a conception of legal method or science, supposedly vindicating the access of the expert to the political choices embodied in the law. Thus, each moment in the history of liberal legalism integrates a political theory with a jurisprudential conception. Although it reaches the unsettling conclusion that liberal legalism has largely failed by its own standards, the book urges us to avoid quietism, skepticism or cynicism, in the hope that a deeper understanding of the fragility of our values and institutions inspires a more thoughtful, broadminded and nurtured citizenship. (shrink)

It can be assumed that if any part of our mental life is innate it could in principle be developed in private, i.e. is not of necessity a social product. According to the argument in de Sousa (1980), emotions can be subjected to rationality assessments, making them a part, albeit special (borderline), of our ‘rational life’. Contribution of emotions to the conduct of ‘rational life’ is important, as the characteristics of belief and action most commonly associated with rationality do (...) not provide sufficient grounds to guide an organism towards any particular course of action. By asking whether emotions (such that are still subjectable to minimal rationality assessments) can be developed in private (in a sense of Wittgenstein’s Philosophical Investigations) we are asking whether there can be any part of our ‘rational life’ that could be innate, and thus not a result of social conditioning. A brief survey of the related issue of interpretation of Wittgenstein’s arguments against private language and rule-following reveals that the issue is not whether socially non-conditioned emotions could be experienced (exist), but whether we would ever, given the absence of ‘investigation independent standards of correctness’, be able to know that they are or are not. (shrink)

Wittgenstein taught us that there could not be a logically private language— a language on the proper speaking of which it was logically impossible for there to be more than one expert. For then there would be no difference between this person thinking she was using the language correctly and her actually using it correctly. The distinction requires the logical possibility of someone other than her being expert enough to criticize or corroborate her usage, someone able to constitute or (...) hold her to a standard of proper use. I shall explore the possibility of something opposite- sounding about laws, namely, that there could in principle be laws whose existence, legitimacy, goodness, and efficacy depend upon their being private, in this sense: their existence is kept secret from those who legitimately benefit from the laws and yet who would misguidedly destroy them were they to come to know of them; and it is kept secret from those who would illegitimately benefit from being able to circumvent the laws, and who could circumvent them if they knew of them. The secrecy of the laws increases their efficacy against bad behavior, and since were the public to come to know of these laws the public would lose its nerve and demand that the laws be rescinded, it prevents the public from destroying laws that are in fact in the public interest. These laws are therefore in a way logically private: they cannot at the same time exist, have the foregoing virtues, and be public. After proposing conditions under which such laws ought to be enacted, I moot logical objections to the very idea that there could be such laws, practical objections to their workability, and moral objections to their permissibility. I conclude by suggesting that, while we normally think of secret laws as creatures of the executive branch, things functionally equivalent to secret laws could also be created by other branches of government and societal institutions, and that all of this would be compatible with the form of sovereignty that is democratically grounded in the will and interests of the people. (shrink)

The notion that evil is not simply a privation but a privation of a due good has roots in Aristotle’s Metaphysics and implications for other areas of his thought. In making this case, I begin with a description of the standard view of Aristotle’s place in the development of the privation theory of evil and contend that the standard view does not do justice to Aristotle’s theory of evil. I then provide an interpretation of a portion of Metaphysics Theta that (...) utilizes recent scholarship on this book of the Metaphysics in an effort to demonstrate that Aristotle thinks of evil in such a manner as to be compatible with what the later tradition describes in terms of evil as the deprivation of a due good. I then consider several of the ways in which Aristotle’s metaphysical theory of evil has impact on other areas of his thought. (shrink)

Research Ethics Boards (REBs) provide oversight for Canadians that research projects will comply with standards of ethics if the studies are carried out as described in the documents that have been approved. While REBs have traditionally been affiliated with institutions such as universities and hospitals, a number of factors - including the increased volume of research being conducted outside academic centres - have resulted in the establishment of some private or independent REBs. This, in turn, has raised concerns (...) about the credibility of REBs in the private sector and their capacity to handle issues around conflict of interest. This Breakout Session was an opportunity to hear the perspectives of people associated with institutional and private REBs and examine perceived problems with boards in the private sector, scrutinize theoretical and structural differences between types of REBs, and look at whether or not there is room for both institutional and private boards in the Canadian research review landscape. (shrink)

Over the last several years, the environmental regulatory system has undergone radical changes. Various private normative schemes, ranging from corporate codes to environmental management systems, environmental reporting standards, project-finance codes and green indexes, have assumed an increasingly important role in the regulatory arena. The emergence of private environmental governance as an important transnational phenomenon raises two interrelated puzzles: efficacy and legitimacy. Underlying the efficacy puzzle is a deep-seated suspicion toward "soft" legal instruments, which to some observers represent (...) nothing but a coordinated form of "greenwash." The legitimacy question reflects a contrary concern — that these private regulatory structures represent new forms of global authority that are in need of distinctive legitimization. The Article begins with an outline of this new global terrain, exploring its historical evolution. It argues that the multiple links and cross-sensitivities between the different global private regimes have created a novel ensemble regulatory structure with positive enforcement and normative externalities. The Article then moves to examine the question of efficacy more generally, developing a nuanced understanding of the social dynamic of "soft-law" regulation, which rejects the binary logic underlying the "soft law"-"greenwash" narratives. Regarding the political dimension, the Article argues that this new ensemble network has brought about a new transnational political sphere which is associated with an extensive, cross-institutional quest for legitimacy. The Article then turns its focus to the field of sustainability indexes, focusing on the two leading global indexes: FTSE4Good Index Series and Dow Jones Sustainability Indexes. These indexes are taken as a prototypical case of transnational private ordering. Drawing on a close analysis of the indexes’ guiding documents and on interviews with senior executives from both organizations, the Article considers the unique features of these indexes as forms of governance and the paths through which they claim to affect society. It then moves to explore the mechanisms of legitimacy employed by FTSE4Good and DJSI, highlighting their distinctive visions of legitimization. A close examination of sustainability indexes generates insights, I will argue, regarding the field of private global environmental governance as a whole. In particular, it highlights both the new political opportunities created by the evolving network of transnational governance and the limits this new structure sets for radical critique. (shrink)

Israel Kirzner cautions us that, because commodity price arbitrage as such does not operate outside commodity markets, the logic of Pareto-improving entrepreneurship does not provide a “copybook example” for explaining the evolution of social institutions in general. He characterizes Menger’s theory of the emergence of money as non-entrepreneurial; by implication, while it assures us that some monetary standard will emerge, it does not assure us that a superior monetary standard will spontaneously emerge. I argue that entrepreneurial opportunities for private (...) gain do in fact drive the Mengerian evolution from barter to money, and systematically promote the emergence of superior monetary standards, though not necessarily the best conceivable standards. In choosing among potential exchange media to accept and offer, a pre-monetary trader has a private incentive to choose commodities that have whatever properties other traders prefer in their exchange media.Israel Kirzner nous met en garde sur le fait que parce que l’arbitrage des prix des marchandises en soi n’opère pas hors des marchés des produits, la logique de l’amélioration de l’esprit d’entreprise ne procure pas un “exemple classique” pour expliquer l’évolution des institutions sociales en général. Il caractérise la théorie mengerienne de l’émergence de la monnaie comme étant non entrepreneuriale; l’implication en est que si cette théorie nous assure qu’un certain étalon monétaire va émerger, elle ne peut affirmer avec certitude que cet étalon monétaire spontané sera supérieur.L’article suggère que des opportunités entrepreneuriales de gains privés orientent en effet l’évoluti- on décrite par Menger d’une situation de troc vers une économie monétaire et promeuvent systéma- tiquement l’émergence d’étalons monétaires supérieurs, bien que pas nécessairement les meilleurs étalons concevables. En choisissant parmi les intermédiaires d’échange potentiels lequel accepter ou offrir, un négociant d’avant l’ère monétaire a une insitation privée à choisir les marchandises dotées de propriétés que les autres négociants préfèrent dans le cadre de leurs échanges. (shrink)

Food standards, which are used to signal adherence to sustainability goals or a specific origin, have deep political implications. Standards crafted by retailers, processors, or third-party actors such as non-governmental organizations (NGOs) often disempower farmers. Moreover, due to the liberalization and globalization of many food value chains, producer organizations (POs) lost some of their legal privileges and market protections. This paper analyzes how POs in the Global North sought to regain their control over food markets by establishing their (...) own standards. These strategies and their consequences are considered across three dimensions: the internal life of the PO, the relevant market institutions, and the relationship between the PO and the state. Our case studies (N = 5) performed in France and in Québec, a French-speaking province of Canada, span across a variety of food sectors. Drawing on qualitative material, we designed our explanatory framework through an abductive, iterative method. Although standards crafted by POs have, in some cases, reshaped market institutions to their advantage and have repositioned them in the governance of food markets, they come at a cost. They may create tensions within POs and clash with the agrarian values of solidarity, democracy, and autonomy. Overall, this article challenges the assumption that food standards are mainly governed by private actors and sheds light on the new alliances and new identities of POs. (shrink)