The term “normal” is culturally ubiquitous and conceptually vague. Interestingly, it appears to be a descriptive-normative-hybrid which, unnoticedly, bridges the gap between the descriptive and the normative. People’s beliefs about normality are descriptive and prescriptive and depend on both an average and an ideal. Besides, the term has generally garnered popularity in medicine. However, if medicine heavily relies on the normal, then it should point out how it relates to the concept of health or to statistics, and what, after all, (...) normal means. Most importantly, the normativity of the normal needs to be addressed. Since the apparently neutral label “normal” can exclude, stigmatize, and marginalize people who are defined in contrast to it as abnormal, health professionals should think twice before using the term with patients. The present critical perspective advocates against using the term “normal,” as long as no understanding of a person’s individual normality has been attained. It advocates for the right to autonomously determine one’s own normality. For health professionals I do not see worthwhile benefits of subscribing to the concept of “normality” and imposing it on their patients. But I do see many risks. (shrink)

Parents frequently attempt to shield their children from distressing prognostic information. Pediatric oncology providers sometimes follow parental request for non-disclosure of prognostic information to children, invoking what we call the stability of the family argument. They believe that if they inform the child about terminal prognosis despite parental wishes, cohesion and family structure will be severely hampered. In this paper, we argue against parental request for non-disclosure. Firstly, we present the stability of the family argument in more detail. We, then, (...) set out the (conceptual, legal, systemic) entitativity of the family and the kind of value the stability of the family argument assumes, before we set on to critically evaluate the argument. Our analysis shows that disclosure of prognostic information to children does not necessarily destabilize the family to a greater extent than non-disclosure. In fact, a systemic perspective suggests that mediated disclosure is more likely to result in a (long-term) stability of the family than non-disclosure. It is in the interest of the family to resist the initial aversive reaction to delivering bad news. In the final part, we draw a set of recommendations on how to facilitate decision-making in face of parental request for non-disclosure. (shrink)

This paper addresses psychological factors that might interfere with informed consent on the part of stable patients as potential early-phase clinical trial participants. Thirty-six semistructured interviews with patients who had either diabetes or gout were conducted. We investigated stable patients’ attitudes towards participating in a fictitious first-in-human trial of a novel intervention. We focused on an in-depth analysis of those statements and explanations that indicated the existence of psychological factors impairing decision-making capacity. Three main themes emerged: insufficient comprehension of the (...) inherent logic of clinical trials, the recourse to trust over comprehension, and visceral factors that override deliberative process. Overall, our results indicate a limited psychological capacity on the part of stable patients to meet the requirements of informed consent as set by Declaration of Helsinki. A redesigned informed consent procedure should take account of these psychological realities. (shrink)

Ethical reflection deals not only with the moral standing and handling of animals, it should also include a critical analysis of the underlying relationship. Anthropological, psychological, and sociological aspects of the human–animal-relationship should be taken into account. Two conditions, asymmetry and ambivalence, are taken as the historical and empirical basis for reflections on the human–animal-relationship in late modern societies. These conditions explain the variety of moral practice, apart from paradoxes, and provide a framework to systematize animal ethical problems in a (...) broader field. This allows the development of ideal relationships as moral orientation across anthropocentric or sentientistic ethical theories. These ideal relationships are called the patronage-model, the friendship-model and the partnership-model. The ethical problem of creating transgenic animals is discussed in the light of these ideal relationships. (shrink)

The goal is to present how shared decision-making in paediatric oncology occurs from the viewpoints of parents and physicians. Eight Swiss Pediatric Oncology Group centres participated in this prospective study. The sample comprised a parent and physician of the minor patient. Surveys were statistically analysed by comparing physicians’ and parents’ perspectives and by evaluating factors associated with children’s actual involvement. Perspectives of ninety-one parents and twenty physicians were obtained for 151 children. Results indicate that for six aspects of information provision (...) examined, parents’ and physicians’ perceptions differed. Moreover, parents felt that the children were more competent to understand diagnosis and prognosis, assessed the disease of the children as worse, and reported higher satisfaction with decision-making on the part of the children. A patient’s age and gender predicted involvement. Older children and girls were more likely to be involved. In the decision-making process, parents held a less active role than they actually wanted. Physicians should take measures to ensure that provided information is understood correctly. Furthermore, they should work towards creating awareness for systematic differences between parents and physicians with respect to the perception of the child, the disease, and shared decision-making. (shrink)

In den letzten Jahren berichteten mehr und mehr Frauen von Gewalt und Respektlosigkeit in der Geburtshilfe. Inzwischen hat sich auch die Forschung verstärkt dieses Themas angenommen. Prävalenzschätzungen sind jedoch aufgrund erheblicher methodischer Schwächen noch nicht hinreichend genau zu beziffern. Die Vielzahl und Vielfalt der bestehenden Forschungsergebnisse lassen dennoch den Schluss zu, dass es in der Geburtshilfe in fast allen Regionen der Erde regelmäßig zu Gewalt und Respektlosigkeit und damit zu Menschenrechtsverletzungen kommt. Die Folgen reichen bis hin zu Posttraumatischen Belastungsstörungen, was (...) nahelegt, dass dieser Missstand sowohl aus Menschenrechts-Gründen als auch aus Gründen der öffentlichen Gesundheit nicht übergangen werden darf. Daher ist es außerordentlich besorgniserregend, wenn geburtshilfliche Fachpersonen im Angesicht solcher Berichte und Forschung in einen Modus der Selbstverteidigung verfallen und die Erfahrungen der Frauen in Frage sowie Abrede stellen, anstatt zuvorderst mit Empathie zu reagieren. Der vorliegende Text wendet sich einigen dieser Reaktionsmuster seitens geburtshilflicher Fachpersonen zu: einem falsch verstandenen Objektivitätsanspruch und der mithin abwegigen Forderung, die subjektiven Erfahrungen der Frauen zu objektivieren, einer leugnenden und herablassenden Wortwahl sowie einer mangelnden Anerkennung des von den Frauen Geschilderten und einer aus berufsethischer Perspektive unzureichend fürsorglichen Haltung. Solcherlei Reaktionen sind nicht nur unzulässig, sondern lassen ebenjenen Respekt vermissen, den die betroffenen Frauen sich während der Geburt wünschten und dessen Abwesenheit sie verletzte oder gar traumatisierte. Schließlich sollten Gewalt und Respektlosigkeit in der Geburtshilfe sowie die beschriebenen Reaktionen darauf vor dem Hintergrund geschlechtsspezifischer Machtverhältnisse und Gewalt an Frauen generell diskutiert werden. (shrink)

This book investigates context-sensitivity in natural language by examining the meaning and use of a target class of theoretically recalcitrant expressions. These expressions-including epistemic vocabulary, normative and evaluative vocabulary, and vague language -exhibit systematic differences from paradigm context-sensitive expressions in their discourse dynamics and embedding properties. Many researchers have responded by rethinking the nature of linguistic meaning and communication. Drawing on general insights about the role of context in interpretation and collaborative action, Silk develops an improved contextualist theory of CR-expressions (...) within the classical truth-conditional paradigm: Discourse Contextualism. The aim of Discourse Contextualism is to derive the distinctive linguistic behavior of a CR-expression from a particular contextualist interpretation of an independently motivated formal semantics, along with general principles of interpretation and conversation. It is shown how in using CR-expressions, speakers can exploit their mutual grammatical and world knowledge, and general pragmatic reasoning skills, to coordinate their attitudes and negotiate about how the context should evolve. The book focuses primarily on developing a Discourse Contextualist semantics and pragmatics for epistemic modals. The Discourse Contextualist framework is also applied to other categories of epistemic vocabulary, normative and evaluative vocabulary, and vague adjectives. The similarities/differences among these expressions, and among context-sensitive expressions more generally, have been underexplored. The development of Discourse Contextualism in this book sheds light on general features of meaning and communication, and the variety of ways in which context affects and is affected by uses of language. Discourse Contextualism provides a fruitful framework for theorizing about various broader issues in philosophy, linguistics, and cognitive science. (shrink)

Purpose Although the term “responsibility” plays a central role in bioethics and public health, its meaning and implications are often unclear. This paper defends the importance of a more systematic conception of responsibility to improve moral philosophical as well as descriptive analysis. Methods We start with a formal analysis of the relational conception of responsibility and its meta-ethical presuppositions. In a brief historical overview, we compare global-collective, professional, personal, and social responsibility. The value of our analytical matrix is illustrated by (...) sorting out the plurality of responsibility models in three cases (organ transplantation, advance directives, and genetic testing). Results Responsibility is a relational term involving at least seven relata. The analysis of the relata allows distinguishing between individual versus collective agency, retrospective versus prospective direction, and liability versus power relations. Various bioethical ambiguities result from insufficient, implicit, or inappropriate ascriptions of responsibility. Conclusions A systematic conception of responsibility is an important tool for bioethical reflection. It allows an in-depth understanding and critique of moral claims on a meta-ethical level without presuming one particular normative approach. Considering the concept of responsibility can also help to complement the current bioethical focus on individual autonomy by including the perspectives of other actors, such as family members or social groups. (shrink)

Today many scholars seem to agree that citizens should be involved in expert deliberations on science and technology issues. This interest in public deliberation has gained attraction in many practical settings, especially in the European Union, and holds the promise of more legitimate governance of science and technology. In this article, the authors draw on the European Commission’s report ‘‘Taking the European Knowledge Society Seriously’’ to ask how legitimate these efforts to ‘‘democratize’’ scientific expertise really are. While the report borrows (...) from deliberative democrats’ normative accounts of legitimacy, the authors identify a tension between the principles for legitimate rule prescribed by deliberative democratic theory and the report’s celebration of diversity and dissent. While this inconsistency suggests that the legitimacy of deliberative governance arrangements is justified on empirical rather than normative grounds, it remains an open question whether studies of science and technology offer enough empirical support for such a justification. In this article, the authors address this pressing question and propose three possible responses. (shrink)

Expressivism promises an illuminating account of the nature of normative judgment. But worries about the details of expressivist semantics have led many to doubt whether expressivism's putative advantages can be secured. Drawing on insights from linguistic semantics and decision theory, I develop a novel framework for implementing an expressivist semantics that I call ordering expressivism. I argue that by systematically interpreting the orderings that figure in analyses of normative terms in terms of the basic practical attitude of conditional weak preference, (...) the expressivist can explain the semantic properties of normative sentences in terms of the logical properties of that attitude. Expressivism's problems with capturing the logical relations among normative sentences can be reduced to the familiar, more tractable problem of explaining certain coherence constraints on preferences. Particular attention is given to the interpretation of wide-scope negation. The proposed solution is also extended to other types of embedded contexts—most notably, disjunctions. (shrink)

Current literature on ethical leadership and unethical leadership reflects a Western-based private sector perspective, pointing toward a compliance-oriented understanding of ethical and unethical leadership. As today’s executives increasingly have to ethically lead across different cultures and sectors, it becomes vitally important to develop a more holistic picture how ethical and unethical leadership is perceived in the Western and Eastern cultural cluster and the private and the public/social sector. Addressing this issue, the present study aims to identify cross-cultural and cross-sectoral commonalities (...) and differences in international executives’ perceptions of ethical and unethical leadership. Findings from in-depth interviews (N = 36) with executives from Western and Eastern cultures working in the private or the public/social sector reveal collectively held perceptions of ethical leadership (including leader honesty, integrity, concern for responsibility/sustainability, and people orientation) and of unethical leadership (referring to leader dishonesty, corruption, egocentrism, and manipulation). Results indicate limited support for a compliance-oriented perspective on ethical and unethical leadership but yield a much greater trend toward a value-oriented perspective. Concrete practice examples illustrate these different perspectives. Cultural and sectoral particularities of executive perceptions of ethical and unethical leadership are discussed. (shrink)

In this article, the author lists three problems that make any serious discussion about the ethics of leadership a very difficult undertaking. He then proposes a new, postindustrial paradigm of leadership. Using that understanding of leadership, two different sets of ethical analyses of leadership are possible: (I) those concerned with the process of leadership and (2) those concerned with the content of leadership (the changes proposed by the leaders and collaborators). In the end, the author suggests that the industrial paradigm (...) of ethics (the 18th century liberal philosophy) is inadequate to deal with the ethical decision making that leaders and collaborators must do in the 21 st century. Thus, a postindustrial paradigm of ethics must be developed to enable leaders and collaborators to make the tough ethical choices that will be demanded in the new millennium. (shrink)

The key objective of this study is to revisit selected education reforms and interventions by central government during the period c.1918–1950 in order to evaluate their impact on the development o...

In The Abyss Above, Silke-Maria Weineck offers the first sustained discussion of the relationship between poetic madness and philosophy. Focusing on the mad poet as a key figure in what Plato called "the ancient quarrel between philosophy and poetry," Weineck explores key texts from antiquity to modernity in order to understand why we have come to associate art with irrationality. She shows that the philosophy of madness concedes to the mad a privilege that continues to haunt the Western dream (...) of reason, and that the theory of creative madness always strains the discourse on authenticity, pitching the controlled, repeatable, but restrained labor of philosophy against the spontaneous production of poetic texts said to be, by definition, unique. (shrink)

This paper develops an interpretation of Nietzsche’s ethics and metaethics that reconciles his apparent antirealism with his engagement in normative discourse. Interpreting Nietzsche as a metaethical constructivist—as holding, to a first approximation, that evaluative facts are grounded purely in facts about the evaluative attitudes of the creatures to whom they apply—reconciles his vehement declarations that nothing is valuable in itself with his passionate expressions of a particular evaluative perspective and injunctions for the free spirits to create new values. Drawing on (...) Nietzsche’s broader epistemological and psychological views, I develop a distinctive, and genuinely Nietzschean, version of constructivism. On this account, evaluative properties are grounded in affective valuations of the new philosophers. The proposed interpretation synthesizes a variety of disparate features of Nietzsche’s writings and improves on existing interpretations in the literature. The resulting version of constr.. (shrink)

Research on the cognitive abilities involved in decision making has shown that, under objective risk conditions (i.e., when explicit information about possible outcomes and risks is available), superior decisions are especially predicted by executive functions and exact number processing skills, also referred to as objective numeracy. So far, decision-making research has mainly focused on exact number processing skills, such as performing calculations or transformations of symbolic numbers. There is evidence that such exact numeric skills are based on approximate number processing (...) (ANP) skills, which enable quick and accurate processing of non-symbolic numbers (e.g. Chen and Li, 2014). Very few studies, however, have investigated ANP skills in the context of risky decision making and have analyzed direct associations among the aforementioned sub functions. Possible interactions between the closely related skills have not been considered. The current study (N = 128) examines interactions of ANP skills with executive functions and objective numeracy, in predicting risky choice behavior. ANP skills are represented by the accuracy in a dot-comparison task. Decision making is measured by two versions of the Game of Dice Task (GDT), which place different emphases on the reflection of potential risks. The results show two-way as well as three-way interactions between the measures of ANP skills, executive functions, and objective numeracy in predicting risky decisions in both GDT versions. The riskiest decisions were most frequently made in case of low scores in all of the three competencies, while good performance in any one of them resulted in significant reductions of disadvantageous decisions. The findings indicate that high ANP skills can positively affect choice behavior in individuals who have weaknesses in reflectively attributed skills, namely executive functions and objective numeracy. Potential compensatory effects and mechanisms of ANP in decision making are discussed. (shrink)

This paper develops an account of mood selection with attitude predicates in French. I start by examining the “contextual commitment” account of mood developed by Portner and Rubinstein Proceedings of SALT 22, CLC Publications, Ithaca, NY, pp 461–487, 2012). A key innovation of Portner and Rubinstein’s account is to treat mood selection as fundamentally depending on a relation between individuals’ attitudes and the predicate’s modal backgrounds. I raise challenges for P&R’s qualitative analysis of contextual commitment and explanations of mood selection. (...) There are indicative-selecting predicates that are felicitous in contexts where there isn’t contextual commitment ; and there are subjunctive-selecting predicates that involve no less contextual commitment than certain indicative-selecting verbs. I develop an alternative account of verbal mood. The general approach, which I call a state-of-mind approach, is to analyze mood in terms of whether the formal relation between the predicate’s modal backgrounds and an overall state of mind represents a relation of commitment. Indicative mood in French presupposes that the informational-evaluative state determined by the predicate’s modal backgrounds is included in the informational-evaluative state characterizing the event described by the predicate. The account provides an improved explanation of core mood-selection puzzles, including subjunctive-selection with emotive factives, indicative-selection with fiction verbs, indicative-selection with espérer ‘hope’ versus subjunctive-selection with vouloir ‘want’, and indicative-selection with commissives versus subjunctive-selection with directives. Subjunctive-selection with modal adjectives is briefly considered. The mood-selection properties of the predicates are derived from the proposed analysis of mood, independently attested features of the predicates’ semantics, and general principles of interpretation. (shrink)

This paper provides new examples of vagueness phenomena with comparatives. I show that comparatives of the form ‘x is ADJ-er than y’ can be vague due to a fuzziness in how much of some property makes for a difference in ADJ-ness. The sorites examples I provide cannot be assimilated to cases of indiscriminability or fuzziness in relevant dimensions, standards, or measurement procedures. A revised degree-based semantics with semiorders, a well studied threshold structure, is developed. The treatment of equatives captures the (...) truth of the claim that adjacent items in the sorites series are not relevantly distinguishable in ADJ-ness; and it avoids validating transitivities that would yield paradoxical conclusions. (shrink)

Business ethics and firm economic performance have traditionally often been regarded as mutually exclusive ends. We challenge this “either-or” belief and analyze when and how ethical firm leadership and firm performance may harmonize well. In extension of earlier research on ethical leadership and performance at the individual and team level, we study the context–dependency of the organization level relationship between CEO ethical leadership and firm performance. We propose a moderated mediation model of the link between CEO ethical leadership and firm (...) performance, identifying mediating and moderating variables unique to the organization-level of analysis. CEO ethical leadership is argued to work through organizational ethical culture which promotes firm performance under the condition that there is a strong corporate ethics program in place. Results from a multisource cross-sectional study, in which we surveyed 145 participants from 32 organizations and validated organizational performance ratings by objective performance data, showed support for our conceptual model. (shrink)

This paper argues that a standard analysis of modals from formal semantics suggests a solution to the detaching problem — the problem of whether un-embedded 'ought'-claims can "detach" (be derived) from hypothetical imperatives and their antecedent conditions. On a broadly Kratzerian analysis, modals have a skeletal conventional meaning and receive a particular reading (e.g., deontic, epistemic, teleological) only relative to certain forms of contextual supplementation. I argue that 'ought'-claims can detach — subject to an important qualification — but only as (...) long as the 'ought's in the conditional premise and conclusion are interpreted relative to the same ordering sources. Although modus ponens can be shown to fail with hypothetical imperatives, the cases in question do not constitute a failure of detachment in the sense that ethicists have cared about. Rival wide-scoping accounts are proven to be linguistically problematic. They make incorrect predictions about the meanings of hypothetical imperatives, and founder in response to quantificational variants of the detaching problem. (shrink)

Within the context of applied bioethical reasoning, various conceptions of the human body are focused upon by the author in relation to normative notions of autonomy.

This paper considers three horary quadrants of strikingly similar design and underlying mode of conception. Two are dated, 1398 and 1399, while the third, undated instrument can now be dated for the first time with some certainty to 1400. The parameters used in their construction are analysed, and the latitude for which they were made is elucidated. This shows that all three were made for use in London or southern England. One of the three, dated 1399, has previously been attributed (...) to the patronage of Richard II, King of England, by virtue of the badge decorating the quadrant. The badge on the second quadrant, dated 1398, for a long time also associated with Richard II, has now been established to have been used by Richard's half brother, John Holland, Duke of Exeter. The third quadrant undoubtedlybelongs to the group, but cannot be assigned to the patronage of any individual. (shrink)

This book combines insights from philosophy and linguistics to develop a novel framework for theorizing about linguistic meaning and the role of context in interpretation. A key innovation is to introduce explicit representations of context — assignment variables — in the syntax and semantics of natural language. The proposed theory systematizes a spectrum of “shifting” phenomena in which the context relevant for interpreting certain expressions depends on features of the linguistic environment. Central applications include local and nonlocal contextual dependencies with (...) quantifiers, attitude ascriptions, conditionals, questions, and relativization. The result is an innovative, philosophically informed compositional semantics compatible with the truth-conditional paradigm. (shrink)

Kolodny and MacFarlane have made a pioneering contribution to our understanding of how the interpretation of deontic modals can be sensitive to evidence and information. But integrating the discussion of information-sensitivity into the standard Kratzerian framework for modals suggests ways of capturing the relevant data without treating deontic modals as “informational modals” in their sense. I show that though one such way of capturing the data within the standard semantics fails, an alternative does not. Nevertheless I argue that we have (...) good reasons to adopt an information-sensitive semantics of the general type Kolodny and MacFarlane describe. Contrary to the standard semantics, relative deontic value between possibilities sometimes depends on which possibilities are live. I develop an ordering semantics for deontic modals that captures this point and addresses various complications introduced by integrating the discussion of information-sensitivity into the standard semantic framework. By attending to these complexities, we can also illuminate various roles that information and evidence play in logical arguments, discourse, and deliberation. (shrink)

“Ethics” is used as a label for a new kind of expertise in the field of science and technology. At the same time, it is not clear what ethical expertise consists in and what its political status in modern democracies can be. Starting from the “participatory turn” in recent social research and policy, we will argue that bioethical reasoning has to include public views of and attitudes towards biomedicine. We will sketch the outlines of a bioethical conception of “public understanding (...) of ethics,” addressing three different issues: the methodological relevance of moral questions and problems raised by lay persons in everyday life regarding biomedicine and technology, the normative relevance of such lay moralities for the justification of ethical decisions, and the necessity of public deliberation in this context. Finally, we draw conclusions in view of the concepts and methods such a conception of “public understanding of ethics” should employ. (shrink)

In this paper, we explore and discuss the use of the concept of being affected in biomedical decision making processes in Germany. The corresponding German term ‘Betroffenheit’ characterizes on the one hand a relation between a state of affairs and a person and on the other an emotional reaction that involves feelings like concern and empathy with the suffering of others. An example for the increasing relevance of being affected is the postulation of the participation of people with disabilities and (...) chronic or acute diseases in the discourse, as partly realized in the German National Ethics Council or the Federal Joint Committee. Nevertheless, not only on the political level, the resistance against the participation of affected people is still strong; the academic debate seems to be cross-grained, too. Against this background, we explore the meaning and argumentative role of the concept of being affected as it is used by affected and lay people themselves. Our analysis is based on four focus group discussions in which lay people, patients and relatives of patients discuss their attitudes towards biomedical interventions such as organ transplantation and genetic testing. This setting allows for a comparison of how affected and non-affected people are concerned and deliberate about medical opportunities, but also of how they position themselves as being affected or non-affected with respect to (scientific) knowledge and morality. On this basis, we discuss the normative relevance of being affected for the justification of political participation. (shrink)

In the past two decades, the public communication of universities has become more important and received increased scholarly attention. While many studies have focused on individual university communicators (micro level) or all such practitioners in one country (macro level), our study analyzes organizational differences. It is the first-ever study to typologize universities’ communication practices and structures at the organizational level across an entire country. Based on a survey of communication practitioners in the central communication offices at all universities in Switzerland (...) and using hierarchical cluster analysis, we classify 37 universities into four types of communicating universities: minimalists, well-resourced competitors, specialized strategists, and professional all-rounders. Those types are further characterized on the basis of official statistics. The analysis shows that the four types of universities differ considerably in their communication patterns and organizational characteristics and that the amount of resources available for communication is only loosely coupled with professional and strategic communication practices. (shrink)

This paper develops an account of the meaning of `ought', and the distinction between weak necessity modals (`ought', `should') and strong necessity modals (`must', `have to'). I argue that there is nothing specially ``strong'' about strong necessity modals per se: uses of `Must p' predicate the (deontic/epistemic/etc.) necessity of the prejacent p of the actual world (evaluation world). The apparent ``weakness'' of weak necessity modals derives from their bracketing whether the necessity of the prejacent is verified in the actual world. (...) `Ought p' can be accepted without needing to settle that the relevant considerations (norms, expectations, etc.) that actually apply verify the necessity of p. I call the basic account a modal-past approach to the weak/strong necessity modal distinction (for reasons that become evident). Several ways of implementing the approach in the formal semantics/pragmatics are critically examined. The account systematizes a wide range of linguistic phenomena: it generalizes across flavors of modality; it elucidates a special role that weak necessity modals play in discourse and planning; it captures contrasting logical, expressive, and illocutionary properties of weak and strong necessity modals; and it sheds light on how a notion of `ought' is often expressed in other languages. These phenomena have resisted systematic explanation. In closing I briefly consider how linguistic inquiry into differences among necessity modals may improve theorizing on broader philosophical issues. (shrink)

This chapter develops an account of the meaning and use of various types of legal claims, and uses this account to inform debates about the nature and normativity of law. The account draws on a general framework for implementing a contextualist theory, called 'Discourse Contextualism' (Silk 2016). The aim of Discourse Contextualism is to derive the apparent normativity of claims of law from a particular contextualist interpretation of a standard semantics for modals, along with general principles of interpretation and conversation. (...) Though the semantics is descriptivist, it avoids Dworkin’s influential criticism of so-called “semantic theories of law,” and elucidates the nature of “theoretical disagreements” about the criteria of legal validity. The account sheds light on the social, interpersonal function of normative uses of language in legal discourse. It also gives precise expression to Hart’s and Raz’s intuitive distinctions among types of legal claims (internal/external, committed/detached), while giving them a uniform type of analysis. The proposed semantics and pragmatics of legal claims provides a fruitful framework for further theorizing about the nature and metaphysics of law, the relation between law and morality, and the apparent practical character of legal language and judgment. Discourse Contextualism provides a solid linguistic basis for a broader account of legal discourse and practice. (shrink)

This paper demarcates a theoretically interesting class of "evaluational adjectives." This class includes predicates expressing various kinds of normative and epistemic evaluation, such as predicates of personal taste, aesthetic adjectives, moral adjectives, and epistemic adjectives, among others. Evaluational adjectives are distinguished, empirically, in exhibiting phenomena such as discourse-oriented use, felicitous embedding under the attitude verb `find', and sorites-susceptibility in the comparative form. A unified degree-based semantics is developed: What distinguishes evaluational adjectives, semantically, is that they denote context-dependent measure functions ("evaluational (...) perspectives")—context-dependent mappings to degrees of taste, beauty, probability, etc., depending on the adjective. This perspective-sensitivity characterizing the class of evaluational adjectives cannot be assimilated to vagueness, sensitivity to an experiencer argument, or multidimensionality; and it cannot be demarcated in terms of pretheoretic notions of subjectivity, common in the literature. I propose that certain diagnostics for "subjective" expressions be analyzed instead in terms of a precisely specified kind of discourse-oriented use of context-sensitive language. I close by applying the account to `find x PRED' ascriptions. (shrink)

Corporate governance has come to be recognised as a cornerstone of economic reforms seeking to promote stability and growth in developing countries. The Asian crisis of the 1997 was viewed as having roots in poor governance and hence national governments as well as international organisations have sought to promote a strengthening of governance mechanisms. This article investigates governance reforms in India over the last decade. The paper reviews changes in Indian governance codes that indicate a preference of adoption of Anglo-American (...) governance models. A survey of ownership structures of Indian listed companies reveals a mixture of governance mechanisms and a persistence of the "business house model" of governance. The paper concludes that despite external pressures towards an "Anglo-Americanisation" of governance practice, the outcomes thus far reveal the emergence of a diversity of governance mechanisms arising in a path-dependent fashion. (shrink)