We argue that although halal certification could potentially reduce the high transaction costs related to buying Islamic financial products, in practice these costs are just replaced by transaction costs relating to the certification itself. It takes considerable time (2–3 months) and money (USD 122.000) to obtain a halal certification. Partially, this is because the market is highly concentrated and non-contestable. About 20 individual Sharia scholars control more than half the market, with the top 3 earning an estimated USD 4.5 million (...) in fees per year. Moreover, this market seems plagued with problems, most notably a strong incentive for excessively lenient certification, lack of consensus on what is considered halal and sub-standard governance practices. We discuss solutions to these problems and conclude that a neutral non-profit government entity should assume the role of halal certifiers. (shrink)

The paper calls for argumentation theory to learn from moral and political philosophy. Several thinkers in these fields help understand the occurrence of what we may call legitimate dissensus: enduring disagreement even between reasonable people arguing reasonably. It inevitably occurs over practical issues, e.g., issues of action rather than truth, because there will normally be legitimate arguments on both sides, and these will be incommensurable, i.e., they cannot be objectively weighed against each other. Accordingly, ‘inference,’ ‘validity,’ and ‘sufficiency’ are inapplicable (...) notions. Further distinctive features of pro and con arguments in practical argumentation are explored, and some corollaries are drawn regarding evaluative norms of legitimate dissensus. Examples from immigrationrelated public debates in Denmark are given. (shrink)

Political debate is a distinctive domain in argumentation, characterized by these features: it is about proposals for action, not about propositions that may have a truth value; there may be good arguments on both sides; neither the proposal nor its rejection follows by necessity or inference; the pros and the cons generally cannot, being multidimensional and hence incommen- surable, be aggregated in an objective way; each audience member must subjectively compare and balance arguments on the two sides; eventual consensus between (...) the debaters is not a reasonable requirement. From all this follows a view of the rhetor’s special obligation in democratic, deliberative rhetoric on which it becomes crucial, in the interest of the audience, that political debaters acknowledge good arguments on the opposite side and explain why, on balance, they deem the arguments favoring their own side to be stronger. (shrink)

Douglas Walton has done extensive and valuable work on the concepts of presumption and practical reasoning. However, Walton’s attempt to model practical reasoning as presumptive is misguided. The notions of “inference” and of the burden of proof shifting back and forth between proponent and respondent are misleading and lead to counterintuitive consequences. Because the issue in practical reasoning is a proposal, not a proposition, there are, in the standard case, several perfectly good reasons on both sides simultaneously, which implies that (...) argument appraisal necessarily contains a subjective element—a fact argumentation theory needs to conceptualize. (shrink)

Literature on corporate social responsibility has tended to treat economic benefits to the firm as unintentional spillovers that result from laudable CSR behavior. Empirical studies of the relationship between CSR and corporate financial performance have reported mixed findings. This article shifts the conceptual and empirical focus to investigate the conditions under which intentional profit-seeking through corporate social action projects can create economic value for the firm. The article uses resource-dependency theory and the resource-based view to define the firm’s external and (...) internal environments respectively. From that perspective, the article looks at how corporate social action creates economic value through strategic social planning and strategic social positioning. A survey instrument was developed and applied to 110 large Spanish firms. In that sample, munificence and continuous innovation positively affect social positioning, while nongovernmental organization salience and social responsibility orientation positively affect social planning. Both social positioning and social planning in turn contribute to corporate ability to create value. The article concludes with a discussion of the research and managerial implications of these findings. (shrink)

ArgumentThis paper aims at contributing to the ongoing efforts to get a firmer grasp of the systematic significance of the entanglement of idealism and empiricism in Helmholtz's work. Contrary to existing analyses, however, the focal point of the present exposition is Helmholtz's attempt to articulate a psychological account of objectification. Helmholtz's motive, as well as his solution to the problem of the object are outlined, and interpreted against the background of his scientific practice on the one hand, and that of (...) empiricist and (transcendental) idealist analyses of experience on the other. The specifically psychological angle taken, not only prompts us to consider figures who have hitherto been treated as having only minor import for Helmholtz interpretation (most importantly J.S. Mill and J.G. Fichte), it furthermore sheds new light on some central tenets of the latter's psychological stance that have hitherto remained underappreciated. For one thing, this analysis reveals an explicit voluntarist tendency in Helmholtz's psychological theory. In conclusion, it is argued that the systematic significance of Helmholtz's empirico-transcendentalism with respect to questions of the mind is best understood as an attempt to found his empirical theory of perception in a second order, normative account of epistemic subjectivity. (shrink)

If there is a specifically rhetorical approach to argumentation, I believe it is one that studies argumentation that is specifically rhetorical. So if we want to ask, “What is the rhetorical approach to argumentation?” we should first ask, “What is rhetorical argumentation?” It is worthwhile focusing on this question because various misleading definitions of rhetorical argumentation have been in circulation for almost as long as rhetoric has existed. Some misleading definitions see the defining property of rhetorical argumentation in the arguer’s (...) aim. And that aim, which is often assumed to override all the arguer’s other considerations, is strategic: to persuade his hearer(s) by any available means and .. (shrink)

Nineteenth-century scientist Hermann von Helmholtz’s peculiar wavering between empiricism and transcendentalism in his philosophy of science in general, and in his theory of perception in particular, is a much debated and well-documented topic in the history and philosophy of science. This contribution aims at providing a fresh angle on this classical issue, by considering Helmholtz’s account of differential consciousness against the background of a centuries-old philosophical debate between the empiricist tradition and the tradition of transcendental idealism. By placing Helmholtz’s psychology (...) against the background of a historical narrative stretching from Hume to Fichte, one can gain insight into the possible merits of his empirico-transcendentalism with regard to the problem of differentiation. More particularly, it is argued that Helmholtz’s psychology tilted towards transcendentalism when met with the classical theoretical problems of strict empiricism in dealing with the foundation of consciousness, most notably circularity and infinite regress. Without claiming that Helmholtz’s theorizing presented a self-conscious attempt to overcome the latter issues, his well-known wavering between perspectives in general, and his appropriation of the a priori in particular, might have served him well in avoiding the deadlocks of empiricism. As noted at the end, however, Helmholtz’s account produced complex philosophical problems of its own. (shrink)

This introduction presents the set of six articles, written by rhetorical scholars, which constitute the bulk of the present special issue of Argumentation. In the introduction, the issue editor seeks to identify defining features of a rhetorical approach to argumentation. Taking this approach means dealing with argumentation in the “realm of rhetoric”, which comprises argumentation where deductive “demonstration” is not available. This has several corollaries, including the condition of uncertainty and the necessity of securing adherence from an audience. The articles (...) in the issue explore these and other characteristics of argumentation in the realm of rhetoric. (shrink)

Name der Zeitschrift: Zeitschrift für kritische Sozialtheorie und Philosophie Jahrgang: 5 Heft: 1 Seiten: 4-13.

The aim of this paper is to present an in-depth inquiry into one of the most disregarded dimensions of Fichte’s philosophy, i.e., the systematic place of embodiment in his transcendental epistemology. Highlighting the necessarily embodied nature of the constitution of the notion of thinghood or being in Fichte’s philosophy could not only help pave the way for a more elegant understanding of the relation between idealism’s and phenomenology’s subject views, it likewise enables a more comprehensive insight into Fichte’s much debated (...) theory of subjectivity. Furthermore, Fichte’s transcendental account of the body provides one with a new vantage point from which to consider some classical interpretive issues, most notably those pertaining to Fichte’s peculiar methodology, his Ideal-Realism, and his take on the problem of explanatory circularity in trying to tackle the problem of the genesis of (bodily) self-consciousness. (shrink)

Do there exist real numbers d with d2 = 0? The question is formulated provocatively, to stress a formalist view about existence: existence is consistency, or better, coherence.Also, the provocation is meant to challenge the monopoly which the number system, invented by Dedekind et al., is claiming for itself as THE model of the geometric line. The Dedekind approach may be termed “arithmetization of geometry”.We know that one may construct a number system out of synthetic geometry, as Euclid and followers (...) did : “geometrization of arithmetic”..Starting from the geometric side, nilpotent elements are somewhat reasonable, although Euclid excluded them. The sophist Protagoras presented a picture of a circle and a tangent line; the apparent little line segment D which tangent and circle have in common, are, by Pythagoras' Theorem, precisely the points, whose abscissae d have d2 = 0. Protagoras wanted to use this argument for destructive reasons: to refute the science of geometry.A couple of millenia later, the Danish geometer Hjelmslev revived the Protagoras picture. His aim was more positive: he wanted to describe Nature as it was. According to him, the Real Line, the Line of Sensual Reality, had many nilpotent infinitesimals, which we can see with our naked eyes. (shrink)

In this article an attempt is made to develop a concept: the teenwoordige-So, which has a two-fold nature. On the one hand it grows from the philosophical dimensions of the work of Breyten Breytenbach, and on the other, once it is identified it can be used as a method for reading his work. But in order to determine the “environment” of the concept three main elements are investigated in this article. The first is the notion of the rhizome, the second (...) element is identified in/as the Zen Buddhist concept of Tathata or suchness, and the third revolves around an investigation of Jean-Luc Nancy's treatment of the notion of presence in his work The birth to presence. It is argued that both these concepts portray something of a condition of continuous birth or becoming and that this “sense” of the world finds specific expression in the literary work of Breyten Breytenbach. It is also proposed that the expression Breytenbach gives to the condition of presence and suchness opens a nomadic territory, or nomadic understanding of the world which has a political meaning. (shrink)

bespreking van: Marc Slors, Dat had je gedacht! Brein, bewustzijn en vrije wil in filosofisch perspectief, Amsterdam, Boom, 2012, 201 blz, ISBN 978 94 6105 7785.

Environmental governance has emerged as a recent perspective to explain the link between corporate governance mechanisms and environmental performance such as pollution reduction. We extend current models by incorporating the crucial role of the underlying institutional logics in terms of an a priori focus on either shareholder rights or stakeholder inclusion, which, in turn, can be traced back to the legal origin of a specific country. Using data on a sample of common and civil law countries, we find support for (...) our predictions that a shareholder-focused common law legal origin is associated with significantly higher emissions of CO2, and also that international environmental agreements like the Kyoto protocol seem to have a more pronounced effect in shareholder-centric economies than thus far assumed. (shrink)

Explores the understanding of self-consciousness and personal identity - two fundamendtal features of human subjectivity - as it developed in early modern philosophy. Udo Thiel presents a critical evaluation of these features as they were conceived in the sevententh and eighteenth centuries. He explains the arguments of thinkers such as Descartes, Locke, Leibniz, Wolff, and Hume, as well as their early critics, followers, and other philosophical contemporaries, and situates them within their historical contexts. Interest in the issues of self-consciousness and (...) personal identity is in many ways characteristic [of] and even central to early modern thought, but Thiel argues here that this is also an interest that continues to this day, in a form still strongly influenced by the conceptual frameworks of early modern thought. In this book he attempts to broaden the scope of the treatment of these issues considerably, covering more than a hundred years of philosophical debate in France, Britain, and Germany while remaining attentive to the details of the arguments under scrutiny and discussing alternative interpretations in many cases"--Publisher's description, p. [4] of dust jacket. (shrink)

Leading contemporary argumentation theories such as those of Ralph Johnson, van Eemeren and Houtlosser, and Tindale, in their attempt to address rhetoric, tend to define rhetorical argumentation with reference to (a) the rhetorical arguer’s goal (to persuade effectively), and (b) the means he employs to do so. However, a central strand in the rhetorical tradition itself, led by Aristotle, and arguably the dominant view, sees rhetorical argumentation as defined with reference to the domain of issues discussed. On that view, the (...) domain of rhetorical argumentation is centered on choice of action in the civic sphere, and the distinctive nature of issues in this domain is considered crucial. Hence, argumentation theories such as those discussed, insofar as they do not see rhetoric as defined by its distinctive domain, apply an understanding of rhetoric that is historically inadequate. It is further suggested that theories adopting this understanding of rhetoric risk ignoring important distinctive features of argumentation about action. (shrink)

We describe a number of conscientious objection cases in a liberal Western democracy. These cases strongly suggest that the typical conscientious objector does not object to unreasonable, controversial professional services—involving torture, for instance—but to the provision of professional services that are both uncontroversially legal and that patients are entitled to receive. We analyse the conflict between these patients' access rights and the conscientious objection accommodation demanded by monopoly providers of such healthcare services. It is implausible that professionals who voluntarily join (...) a profession should be endowed with a legal claim not to provide services that are within the scope of the profession's practice and that society expects them to provide. We discuss common counterarguments to this view and reject all of them. (shrink)

Conscience-based refusals by health care professionals to provide care to eligible patients are problematic, given the monopoly such professionals hold on the provision of such services. This article reviews standard ethical arguments in support of conscientious refuser accommodation and finds them wanting. It discusses proposed compromise solutions involving efforts aimed at testing the genuineness and reasonability of refusals and rejects those solutions too. A number of jurisdictions have introduced policies requiring conscientious refusers to provide effective referrals. These policies have turned (...) out to be unworkable. They subject patients to a health care delivery lottery, which is incompatible with the fundamental values of medical professionalism. This paper sheds light on transnational efforts aimed at undermining progress made in reproductive health by means of conscientious refusal accommodation claims. The view that the accommodation of conscientious refusers is indefensible on consequentialist ethical grounds, as well as on grounds related to medical professionalism itself, is defended. (shrink)

ABSTRACTThis report on end‐of‐life decision‐making in Canada was produced by an international expert panel and commissioned by the Royal Society of Canada. It consists of five chapters.Chapter 1 reviews what is known about end‐of‐life care and opinions about assisted dying in Canada.Chapter 2 reviews the legal status quo in Canada with regard to various forms of assisted death.Chapter 3 reviews ethical issues pertaining to assisted death. The analysis is grounded in core values central to Canada's constitutional order.Chapter 4 reviews the (...) experiences had in a number of jurisdictions that have decriminalized or recently reviewed assisted dying in some shape or form.Chapter 5 provides recommendations with regard to the provision of palliative care in Canada, as well as recommendations for reform with respect to the various forms of assisted death covered in this document. (shrink)

Healthcare professionals’ capacity to protect themselves, while caring for infected patients during an infectious disease pandemic, depends on their ability to practise universal precautions. In turn, universal precautions rely on the availability of personal protective equipment (PPE). During the SARS-CoV2 outbreak many healthcare workers across the globe have been reluctant to provide patient care because crucial PPE components are in short supply. The lack of such equipment during the pandemic was not a result of careful resource allocation decisions in the (...) global north, where the short supply could be explained through their high cost. Instead, they were the result of democratically elected governments prioritising low tax regimes over an adequate resourcing of their healthcare delivery systems. Such decisions were made despite global health experts warning about the high probability of pandemics like SARS-CoV2 occurring during our lifetimes. Avoidable allocation decisions by democratically elected political leaders resulted in a lack of sufficient PPE for healthcare professionals. After discussing and discounting various ethical arguments in support of a professional obligation to treat, even without or with suboptimal PPE, I conclude that these policy decisions were sufficiently grave that they provide a sound ethical rationale to justify healthcare workers’ refusal to provide care to infected patients. (shrink)