The article emphasizes the importance of the Charter of Local Self-Government to the Lithuanian national legal system. Lithuania has ratified the Charter, not only acknowledged, but also committed to implement its provisions. The Charter consists of 13 items representing the essence of local self-government, which sets the content and is the principal purpose of local public. The principles should be not only a declaratory move into the national legal system, (...) but also recognized as a state’s obligation to follow them. The article analyzes the content of the Charter principles, their incorporation level in the national legal system. During the study noted that between the executive and local authorities are the differences of interpreting and dysfunctions implemented a few principles of the Charter: subsidiary and decentralization, local government financial autonomy and the freedom of formation executive local bodies. (shrink)

he article combines Elinor Ostrom’s design principles for common-pool resources and human rights provisions, including subsequent clarifications and jurisprudence. It analyses whether stronger local self-governance, embedded in the natural resource dimension of peoples’ rights to self-determination is a recommendable approach. Two changes in understanding are noted. First, the universal approval of indigenous peoples’ right to self-determination as specified in the UN Declaration on the Rights of Indigenous Peoples. Second, the wide endorsement of the specific principle (...) of free and prior informed consent. As the exercise of peoples’ rights to self-determination is done on a collective level, it is important to have awareness of whether particularly affected and marginalized households and individuals are included or not included in the decision-making process. The article then reviews a range of new instruments adopted by the OECD and the UN for improved human rights awareness and compliance in the context of economic investments. The article finds that these instruments are still underutilized. Finally, the article identifies the role of human rights in bilateral investment treaties. It finds that there are less jurisdictional restrictions – as many treaties have a wide understanding of applicable law – than cognitive restrictions – as human rights competence is rarely sought when establishing tribunals mandated to solve investments disputes. (shrink)

ABSTRACT In Planning, Time, and Self-Governanace, Bratman argues that the notion of self-governance plays an important role in grounding the rational principles such as means-ends coherence in the synchronic case, and principles of stability and coherence through time in the case of self-governance over time. In this paper, I grant Bratman’s claim for the synchronic case, however I argue that it is not clear that one can extend the reasoning to the diachronic case. More specifically, (...) I raise a number of doubts about whether any notion of diachronic self-governance can play the role in the theory of practical rationality that Bratman assigns to it. (shrink)

This paper shows how moral concepts are definable in terms of reasons for the blame sentiment. It then shows how, given that definition, the categoricity of moral obligation follows from some plausible principles about reasons for blame. The nature of moral agency is further considered in this light. In particular, in what sense is it self-governing agency? Self-governing actors must be at least self-determining: that is, they must be able to think about what reasons they have, (...) in order in order to assess what they have sufficient reason to believe, feel, or do. Thus any moral assessment implies that the person assessed is capable of self-governance in that sense. Furthermore, this notion of self-governance implies that an agent's moral obligations are relative to the agent's warranted beliefs. However it does not entail that moral agents must be autonomous, in the strong sense intended by Kant. Some consequences for modern conceptions of morality are considered. (shrink)

Barack Obama is often lauded as a 'pragmatist,' yet when most people employ the term, they mean it in the vaguest sense: that he's practical and willing to compromise to get things done. However, the public philosophy of pragmatism, which has been the subject of a rich revival in the past couple of decades, is far more than this. First developed in the late nineteenth century, pragmatism is primarily a way of thinking--an anti-dualist philosophy that attempts to overcome the dichotomies (...) between self and object, nature and culture, mind and body, theory and practice, and fact and value. When applied to governance, pragmatists advocate the use of tactics like third party mediation and problem-solving to achieve anti-dualist principles: cosmopolitan localism, analytical holism, progressive conservatism, and processual structuralism. In Pragmatist Governance, Chris Ansell begins with a theory of the concept and then explains why the approach is ideal for addressing today's governance problems. For instance, while many think that bureaucracy's unchecked growth is the fundamental problem facing democracy today, pragmatism suggests the opposite: that public agencies can effectively manage the relationship between governance and democracy if they focus on building consent for public problem-solving. Ansell argues that wishing away bureaucracy will not do given what we know about the indispensible role of institutions in contemporary governance. Utilizing pragmatist concepts, Ansell rethinks the design of institutions, arguing that they are neither the simple products of rational design that can be endlessly tinkered with nor 'congealed taste'--where institutions represent the timeless customs and values of a people. Along with overcoming this dualism, Ansell also challenges us to rethink our approach to governance. Instead of moving from one extreme to the other--from bureaucracy to 'post-bureaucracy' or 'public entrepreneurialism'--pragmatism would not merely seek to replace one with the other, but rather to hitch the two approaches together in an innovative amalgam where organizational leaders constantly interact with and learn from street-level bureaucrats. Pragmatist Governance concludes that if government is to regain public trust, the technical knowledge of experts must be brought together with sensitivity to local problems, situations, and knowledge. The answer lies not, however, in a diminished bureaucracy. That may only deepen distrust. Rather, the emphasis should be on taking the best of both sides to find innovative and effective ways to solve enduring public problems. (shrink)

As AI-driven solutions continue to revolutionise the tech industry, scholars have rightly cautioned about the risks of ‘ethics washing’. In this paper, we make a case for adopting a human rights-based ethical framework for regulating AI. We argue that human rights frameworks can be regarded as the common denominator between law and ethics and have a crucial role to play in the ethics-based legal governance of AI. This article examines the extent to which human rights-based regulation has been achieved in (...) the primary example of legislation regulating AI governance, i.e., the EU AI Act 2024/1689. While the AI Act has a firm commitment to protect human rights, which in the EU legal order have been given expression in the Charter of Fundamental Rights, we argue that this alone does not contain adequate guarantees for enforcing some of these rights. This is because issues such as EU competence and the principle of subsidiarity make the idea of protection of fundamental rights by the EU rather than national constitutions controversial. However, we argue that human rights-based, ethical regulation of AI in the EU could be achieved through contextualisation within a values-based framing. In this context, we explore what are termed ‘European values’, which are values on which the EU was founded, notably Article 2 TEU, and consider the extent to which these could provide an interpretative framework to support effective regulation of AI and avoid ‘ethics washing’. (shrink)

Recent studies highlight the need for ethical and equitable digital health research that protects the rights and interests of racialized communities. We argue for practices in digital health that promote data self-determination for these communities, especially in data collection and management. We suggest that researchers partner with racialized communities to curate data that reflects their wellness understandings and health priorities, and respects their consent over data use for policy and other outcomes. These data governance approach honors and builds on (...) Indigenous Data Sovereignty (IDS) decolonial scholarship by Indigenous and non-indigenous researchers and its adaptations to health research involving racialized communities from former European colonies in the global South. We discuss strategies to practice equity, diversity, inclusion, accessibility and decolonization (EDIAD) principles in digital health. We draw upon and adapt the concept of Precision Health Equity (PHE) to emphasize models of data sharing that are co-defined by racialized communities and researchers, and stress their shared governance and stewardship of data that is generated from digital health research. This paper contributes to an emerging research on equity issues in digital health and reducing health, institutional, and technological disparities. It also promotes the self-determination of racialized peoples through ethical data management. (shrink)

(1996). A European influence in British local government discourse? The European Legacy: Vol. 1, Fourth International Conference of the International Society for the study of European Ideas, pp. 580-585.

This article describes and proposes the “environmental subsidiarity principle” as a guiding ethical value in forestry governance. Different trends in environmental management such as local participation, decentralization or global governance have emerged in the last two decades at the global, national and local level. This article suggests that the conscious or unconscious application of subsidiarity has been the ruling principle that has allocated the level at which tasks have been assigned to different agents. Based on this hypothesis this (...) paper describes the principle of subsidiarity and its application to environmental policies within forest governance and proposes the “environmental subsidiarity” principle as a critical conceptual tool for sustainable resource management. The paper explains as an example how “environmental subsidiarity” is the key principle that can link payment for ecosystem services (PES) with environmental public policies and applies this principle with all its political consequences to reducing emissions from deforestation and forest degradation, and enhancing forest carbon stocks in developing countries (REDD+) architecture. It concludes by showing how the adoption of “environmental subsidiarity” as a ethical principle could help to maximize benefits to all stakeholders involved in PES schemes such as REDD+. (shrink)

One of the challenges facing AI governance is the need for multiple scales. Universal human rights require a global scale. If someone asks AI if education is harmful to women, the answer should be “no” regardless of their location. But economic democratization requires local control: if AI’s power over an economy is dictated by corporate giants or authoritarian states, it may degrade democracy’s social and environmental foundations. AI democratization, in other words, needs to operate across multiple scales. Nature allows (...) the multiscale flourishing of biological systems through fractal distributions. In this paper, we show that key elements of the fractal scaling found in nature can be applied to the AI democratization process. We begin by looking at fractal trees in nature and applying similar analytics to tree representations of online conversations. We first examine this application in the context of OpenAI’s “Democratic Inputs” projects for globally acceptable policies. We then look at the advantages of independent AI ownership at local micro-levels, reporting on initial outcomes for experiments with AI and related technologies in community-based systems. Finally, we offer a synthesis of the two, micro and macro, in a multifractal model. Just as nature allows multifractal systems to maximize biodiverse flourishing, we propose a combination of community-owned AI at the micro-level, and globally democratized AI policies at the macro-level, for a more egalitarian and sustainable future. (shrink)

In a series of illuminating papers Frankena called attention to a basic philosophical disagreement about what features distinguish moral from non-moral principles, rules, ideals, etc., and about “what a morality is,” when, for example, one speaks of the “morality” of a person or a group. After reviewing a number of writings, he emphasized an important contrast between two “families” of moralists and moral philosophers. On the one side are those who think that certain “formal” conditions are sufficient to distinguish (...) moral “action-guides” from nonmoral ones. On the other side are those who insist that a certain “material” and “social” condition must be added; as they see it, an action-guide is moral only if it pronounces “actions and agents to be right, wrong, good, bad, etc., simply because of the effect they have on the feelings, interests, ideals, etc., of other persons or centers of sentient experience, actual or hypothetical.” The issue, in brief, is whether any set of principles or other articles counts as a morality simply because a person or a group of persons takes that set as the supreme, or as a rational and universalizable guide to what is right and wrong, or whether such a set must be “social” in the sense that acts are prescribed as right or wrong in virtue of the acts’ effects on others as well as on oneself. In the former group, Frankena includes existentialists, many religious thinkers, Hare, Ladd, Falk, etc.; in the latter, Toulmin, Baier, Singer, Strawson, Kemp, etc. (shrink)

This paper takes as its starting point the special provision made for grant maintained schools through the 1998 School Standards and Framework Act and suggests that the compromise it represented may be considered as an example of New Labour's Third Way in politics. The latter is discussed in terms of general and educational policies with specific regard to the characteristics of self-governing schools.

I argue against the view that there is intrinsic value in making one's own decisions about the direction and shape of one's life.

This paper uses the term “ surveillance ” in its widest sense to include data sharing and the revealing of identity information in the absence of consent of the individual concerned. It argues that the current debate about the nature of a “ surveillance society” needs a new structural framework that allows the benefits of surveillance and the risks to individual privacy to be properly balanced. To this end, the first part of this article sets out the reasons why reliance (...) on the current framework of data protection or human rights legislation, or on the current regulatory regime does not necessarily protect privacy. The second part sets out nine principles that can be used to assess whether individual privacy is comprehensively considered when surveillance policy is developed. These principles are applied to surveillance in the UK to identify the structural improvements that could create an effective balance. These principles are not legislative proposals but provide a means of exploring possible deficiencies in information law governance and, in particular, Parliament’s role in scrutinising the executive and the powers needed by a regulator when engaging with the Parliamentary process. As most European countries adopt a democratic, human rights framework, it is suggested that these principles are not limited in an application in the UK environment. The views expressed in this article are the author’s own. (shrink)

My aim in this paper is to initiate and contribute to debate concerning the possibility of behavior that is both self-defeating and self-governed. In the first section of the paper, I review a couple of points that figure in the literature as platitudes about (the relevant notion of) self-governance. In the second section, I explain how these points give rise to what seems to be a dilemma that suggests that informed self-defeating behavior, wherein one is aware (...) of the consequences of each choice one makes, is impossible. In the third and fourth sections, I consider two types of cases that appear to be cases of informed self-defeating behavior and argue that one of the cases is a genuine case of self-defeating self-governance. I end with some remarks concerning self-governance, self-defeat, and dynamic choice. I suggest that the notion of self-defeat here employed provides a simple and compelling answer to the question “Are there any diachronic rationality constraints on agents?” The answer (or at least part of the answer) is “Yes, agents must avoid self-defeating behavior.” In section 5, I give reasons for thinking that all cases of diachronic irrationality are cases of self-defeating behavior in the relevant sense. As will become apparent, to the extent that the requirement to avoid self-defeating behavior calls for any cross-temporal coherence, it does so without endorsing a sort of conservatism that can interfere with personal growth and change. (shrink)

In this book Paul Dragos Aligica revisits the theory of political self-governance in the context of recent developments in behavioral economics and political philosophy that have challenged the foundations of this theory. Building on the work of the 'Bloomington School' created by Nobel Laureate Elinor Ostrom and Public Choice political economy co-founder Vincent Ostrom, Aligica presents a fresh conceptualization of the key processes at the core of democratic-liberal governance systems involving civic competence and public entrepreneurship. The result is not (...) only a re-assessment and re-articulation of the theories constructed by the Bloomington School of Public Choice, but also a new approach to several cutting-edge discussions relevant to governance studies and applied institutional theory, such as the debates generated by the recent waves of populism, paternalism and authoritarianism. (shrink)

Artificial intelligence is nowadays a reality. Setting rules on the potential outcomes of intelligent machines, so that no surprise can be expected by humans from the behavior of those machines, is becoming a priority for policy makers. In its recent Communication “Artificial Intelligence for Europe”, for instance, the European Commission identifies the distinguishing trait of an intelligent machine in the presence of “_a certain degree of autonomy_” in decision making, in the light of the context. The crucial issue to (...) be addressed is, therefore, whether it is possible to identify a set of rules for data use by intelligent machines so that the decision-making autonomy of machines can allow for humans’ traditional informational self-determination, as enshrined in many existing legal frameworks and can actually turn out to be further beneficial to individuals. Governing the autonomy of machines can be a very ambitious goal for humans since machines are geared first to the principles of formal logic and then—possibly—to ethical or legal principles. This introduces an unprecedented degree of complexity in how a norm should be engineered, which requires, in turn, an in-depth reflection in order to prevent conflicts between the legal and ethical principles underlying humans’ civil coexistence and the rules of formal logic upon which the functioning of machines is based. (shrink)

Gideon Yaffe has recently argued that children should be subject to lower standards of criminal liability because, unlike adults, they ought to be disenfranchised. Because of their disenfranchisement, they lack the legal reasons enfranchised adults have to comply with the law. Here I critically consider Yaffe’s argument for such disenfranchisement, which holds that disenfranchisement balances children’s interest in self-government with adults’ interest in having an equal say over lawmaking. I argue that Yaffe does not succeed in showing that (...) these two values need to be balanced, nor that disenfranchising children is a justifiable method of achieving this balance. In my conclusion, I sketch an alternative contractualist approach to disenfranchising children that, like Yaffe’s, appeals to the implications that enfranchisement has for political relations among citizens, but unlike Yaffe’s, rests on empirical claims about the influence of parents on children’s voting patterns rather than on a priori claims regarding who has a rightful say over lawmaking. (shrink)

Food is becoming an increasingly important issue in the urban context. Urban food policies are a new phenomenon in Czechia, where urban food alternatives to the current food regime are promoted by food movements or take the form of traditional self-provisioning. This paper examines how urban food governance in Prague and Brno is constituted based on the municipalities’ relations with actors engaged in urban food alternatives. We argue that prioritizing aspects of local food system transformation compliant with the (...) status quo is non-systemic and implies a fragmentation of urban food alternatives based on different levels of social capital and radicality. We conceptualize urban food alternatives as values-based modes of production and consumption and focus on values that guide urban food governance in its participatory and territorial interplay with the actors of urban food alternatives. Our analysis reveals that the values underpinning the two cities’ progressive food policies do not match reality on the ground. We propose four types of relations between the two examined cities and aspects of the local food system transformation. Aspects compliant with the status quo, such as food waste reduction and community gardening are embraced, whereas those requiring more public intervention, such as public procurement, short supply chains, or the protection of cultivable land are disregarded, degraded, or, at most, subject to experimentation as part of biodiversity protection. Chances for a successful transformation of the local food system under such governance are low but can be increased by strengthening social capital and coalition work among urban food alternatives. (shrink)

This paper identifies, develops, and argues for an interpretation of Mary Astell’s understanding of self-government. On this interpretation, what is essential to self-government, according to Astell, is an agent’s responsiveness to her own reasoning. The paper identifies two aspects of her theory of self-government: an ‘authenticity’ criterion of what makes our motives our own and an account of the capacities required for responsiveness to our own reasoning. The authenticity criterion states that when our motives (...) arise from some external source without validation by our own understanding of the reasons supporting them, then they are not our own. The capacities requisite for responsiveness to our own reasoning are those of examining and evaluating our own motives and of resisting the social pressure to conform to others’ opinions. An upshot of this interpretation of Astell’s theory of self-government is that it reveals her insights into the ways ‘custom’ can undermine an individual’s ability to govern oneself. (shrink)

This paper attempts to determine the best way to understand-and, thus, treat—patients who claim to hold certain health—related values and goals yet consistently act in ways that undermine and work against those values and goals. Since at least the 1970s, this phenomenon has been known in the medical community as patient noncompliance. This can come in the form of failure to take medication as prescribed, as well as failure to adhere to any number of doctors' orders, including recommendations to modify (...) diet, exercise, quit smoking, and so forth. Such cases are a source of great frustration for health care professionals because these patients present in their clinics with a health problem... (shrink)

This paper seeks to remedy in part the lack of empirical studies on practices of.political speech in Australia by investigating local governments’ powers and perceptions of their role in regulating practices of political speech. It reports on the results of an empirical study conducted in 2003–04 of local government regulation of political speech within the public space constituted by pedestrian malls. Regulatory provisions are considered in the context of attitudes towards, and experiences of, practices of political speech (...) within these arenas. I argue that local governments possess wide ranging powers to regulate political speech in pedestrian malls, but further and more importantly that those powers are mediated via their inconsistent and at times arbitrary application, combined with a cultural hostility to political speech. We therefore see a precarious level of protection of opportunities for political communication, as well as an important politico-cultural component in determining the fate of political speech in Australia. I conclude by outlining an alternative ‘enabling principle’ against which local governments may reconsider and reconfigure their regulatory practices in relation to this important political freedom. (shrink)

Our capacity for planning agency is central to our human lives. These essays aim both to deepen our understanding of basic norms that guide our plan-infused thinking and to defend their status as norms of practical rationality. This defense appeals both to forms of pragmatic support and to the ways in which these norms track conditions of a planning agent's self-governance, both at a time and over time.

Andreas Schmidt argues that ethicists have misplaced moral qualms about nudges insofar as their worries are about whether nudges treat us as rational agents, because nudges can enhance our rational agency. I think that Schmidt is right that nudges often enhance our rational agency; in fact, we can carry his conclusion further: nudges often enhance our self-governing agency, too. But this does not alleviate our worries that nudges fail to treat us as rational. This is shown by disambiguating two (...) conceptions of treating-as-rational. The more plausible conception of treating-as-rational undermines Schmidt’s case that nudges often treat us as rational. (shrink)

Self-Governance and Cooperation offers solutions to two fundamental problems in moral philosophy, one concerning the nature and requirements of morality and the other the nature and requirements of practical reason. Robert Myers’s achievement is not just that his solutions are original and plausible, but that his arguments acknowledge and demonstrate the need to approach the problems as an inseparable pair. Philosophical tradition tells us that questions about the content of morality cannot be answered in isolation from questions about its (...) rational force, and that, even more so, questions about the place of morality in practical reason cannot be answered without taking a stand on contested questions of substantive ethics. Myers’s book is a welcome counterforce to a tendency in contemporary moral philosophy to artificially subdivide the subject. (shrink)

In chapter 2, Myers introduces the conception of morality as a cooperative undertaking to promote the overall good on terms fair to everyone involved. Fair promotion of the overall good, he argues, requires impartial beneficence to be restrained by prerogatives and restrictions. The rationale for prerogatives turns, ultimately, on the premise that promoting the overall good fairly must account for the fact that we inevitably have values other than our concern for impartial beneficence. It would be unfair, because too demanding, (...) to require people fully to subordinate these competing values to their goal of promoting overall goodness. For “acting in ways that are true to all one’s values is an important ideal of individual behaviour” and so must be given some play. Fairness, then, requires balancing one’s concern to promote the overall good with one’s concern to be faithful to the other values that apply to one. Myers favors a “no-harm” version of prerogatives that allows people to give their own interests and desires a disproportionate weight only in cases where advancing their own ends would prevent them from giving aid to others. (shrink)

The reform of Polish self-government in the 90's has led to the restoration of local democracy. However, the self-governmental institutions soon fell into crisis, having nearly lost the social trust required for the realisation of their mission. The principal cause behind this phenomenon was the atrophy of moral, political and legal responsibility of the local authorities towards the communities that have elected them. There is a twofold source of weaknesses and dangers for Polish self- (...) class='Hi'>government: the erroneous way of introducing changes in the system of government, and the forthcoming sociopolitical phenomena that hampered or even made it impossible to achieve some of the goals of the reform. We support the radical revision of legal regulation to remove these weaknesses. The basis for such a change will be the principle of subsidiarity as a governing rule for the entire system of public authority. This will ensure that the communities of inhabitants are seen as primary subjects of self-governmental power, and their power is rooted in citizens' rights to self-government. It is also necessary to ensure a truly pluralistic character of territorial power. Thus the citizens and their associations will have an influence on the election and functioning of the selfgovernmental bodies. The Author warns against the risk of emergence of a class of local and regional 'mandarins' in Polish public life – a class of practically ineradicable and systematically deficient leadership, likely to emerge should the mechanisms of democratic responsibility fail to be restored into the governmental bodies. The article ends with suggestions of particular legal changes aiming at the correct formation of Polish self-governmental institutions in both morally and socially rightful sense. (shrink)

Given dramatic increases in recent decades in the pace of scientific discovery and understanding of the functional organization of the brain, it is increasingly clear that engagement with the neuroscientific literature and research is central to making progress on philosophical questions regarding the nature and scope of human freedom and responsibility. While patterns of brain activity cannot provide the whole story, developing a deeper and more precise understanding of how brain activity is related to human choice and conduct is crucial (...) to the development of realistic, just, and intellectually rigorous models of human agency and moral responsibility. In this special issue, we acknowledge that “free will” and “moral responsibility” are not concepts with which neuroscience can directly engage, and instead focus on self-governance, and the capacities that contribute to self-governance, which are more tractable for scientific investigation and are prerequisites for the presence of moral responsibility. (shrink)

Robert Myers presents an original moral theory which charts a course between the extremes of consequentialism and contractualism. He puts forward a radically new case for the existence of both agent-neutral and agent-relative values, and gives an innovative answer to the question how such disparate values can be weighed against each other. The result is a theory of morality which combines a balanced account of its content with a ringing affirmation of its authority.

Robert Myers presents an original moral theory which charts a course between the extremes of consequentialism and contractualism, portraying morality not simply as a matter of promoting the overall good but rather as a matter of cooperating in its promotion. This gives him answers to two of the most vexing questions in moral philosophy: how can increasing general welfare and respecting individual rights be equally fundamental features of moral activity, and what gives morality's demands their special character of inescapability?

The intuitive difference between a system that choreographs the motion of its parts in the service of goals of its own formulation and a system composed of a collection of parts doing their own thing without coordination has been shaken by now familiar examples of self-organization. There is a broad and growing presumption in parts of philosophy and across the sciences that the appearance of centralized information-processing and control in the service of system-wide goals is mere appearance, i.e., an (...) explanatory heuristic we have evolved to predict behavior, but one that will eventually get swept away in the advancing tide of self-organization. I argue that there is a distinction of central importance here, and that no adequate science of complex systems can dispense with it. (shrink)

The paper develops two objections to Michael Bratman’s self-governance approach to the normativity of rational requirements. Bratman, drawing upon work by Harry Frankfurt, argues that having a place where one stands is a necessary, constitutive element of self-governance, and that violations of the consistency and coherence requirements on intentions make one lack a place where one stands. This allows for reasons of self-governance to ground reasons to comply with these rational requirements, thereby vindicating the normativity of rationality. (...) The first objection is that the account under-generates reasons, since not all cases of incoherence will involve a failure to have a place where one stands. The second objection is that the account over-generates reasons: we would have strong reasons to avoid both incoherence and ambivalence. However, if we follow Frankfurt in thinking that ambivalence is a “disease of the will” that is as irrational as having contradictory beliefs, this second objection doesn’t get off the ground. Thus, the first part of the paper is devoted to explaining why Frankfurt’s argument for the irrationality of ambivalence fails. (shrink)

This article brings forward the argument that the practical implementation of a corporate governance code cannot be realized by a compliance program alone. Its relevance in everyday business is determined by the moral values of the company culture. In this context, governance is defined as a company’s resources and capabilities, including the moral resources, to take on responsibility for all its stakeholders. A critical discussion of the agency theory, transaction cost theory, and organization theory shows that such an approach is (...) possible only when a company is not perceived as a maximizing machine for shareholders’ interests but as an economic form of cooperation of internal and external resources and stakeholders. An empiric study on 22 European corporate governance codes shows that the predominant majority of European codes orientate themselves to stakeholders and the company. The discussion of the empirical data reveals six basic principles that determine all European corporate governance codes: shareholder rights, transparency, voting rights, regulation of remuneration, design of organizational structures, and corporate social responsibility. (shrink)

Two ideas have dominated ethical thought since the time of Bentham and Kant. One is utilitarianism, the other is an idea of moral agency as self-governance. Utilitarianism says that morality must somehow subserve welfare, self-governance says that it must be graspable directly by individual moral insight. But these ideas seem to war with one another. Can we eliminate the apparent conflict by a careful review of what is plausible in the two ideas? In seeking an answer to this (...) question I examine (1) the implications of welfarism, (2) the nature of moral obligation (3) the nature of our moral knowledge. (shrink)

Critical examination of Alchourrón and Bulygin’s set-theoretic definition of normative system shows that deductive closure is not an inevitable property. Following von Wright’s conjecture that axioms of standard deontic logic describe perfection-properties of a norm-set, a translation algorithm from the modal to the set-theoretic language is introduced. The translations reveal that the plausibility of metanormative principles rests on different grounds. Using a methodological approach that distinguishes the actor roles in a norm governed interaction, it has been shown that metanormative (...) principles are directed second-order obligations and, in particular, that the requirement related to deductive closure is directed to the norm-applier role rather than to the norm-giver role. The approach has been applied to the case of pure derogation yielding a new result, namely, that an independence property is a perfection-property of a norm-set in view of possible derogation. This paper in a polemical way touches upon several points raised by Kristan in his recent paper. (shrink)

Neuroscience has illuminated the neural basis of decision-making, providing evidence that supports specific models of decision-processes. These models typically are quite mechanical, the realization of abstract mathematical “diffusion to bound” models. While effective decision-making seems to be essential for sophisticated behavior, central to an account of freedom, and a necessary characteristic of self-governing systems, it is not clear how the simple models neuroscience inspires can underlie the notion of self-governance. Drawing from both philosophy and neuroscience I explore ways (...) in which the proposed decision-making architectures can play a role in systems that can reasonably be thought of as “self-governing”. (shrink)

‘Torture porn’ films centre on themes of abduction, imprisonment and suffering. Within the subgenre, protagonists are typically placed under relentless surveillance by their captors. CCTV features in more than 45 contemporary torture-themed films. Security cameras signify a bridging point between the captors’ ability to observe and to control their prey. Founded on power-imbalance, torture porn’s prison-spaces are panoptical. Despite failing to encapsulate contemporary surveillance’s complexities, the panopticon remains a dominant paradigm within surveillance studies because it captures essential truths about the (...) psychologies of self-governance and interdependency. This chapter will use torture porn’s panoptical spaces and captor-captive relationships as a springboard into examining those broader philosophical issues regarding selfhood. In the torture-space, cameras signify the control to which captives must submit. Since they are threatened with death, the surveillance dynamic appears to entirely subjugate these prisoners. However, the captive must undertake some agency in the oppression. Much of the captor’s implied threat is enacted by the captives, who brutalise one another to save themselves. The captor’s apparent omniscience is translated into omnipotence only because the captives forsake self-control – opting to engage in violent, contra-social behaviours – out of fear. Thus, it is implied that self-ownership is the bedrock of stable, interdependent sociality. To inspire horror, the opposite is depicted: fractured groups comprised of paranoid, self-invested individuals. By submitting to external pressure, these “weak” individuals empower their tormentor. Captives are not only encouraged to enact their own suppression, but also to internalise culpability for the suffering they undergo. Despite being threatened with erasure, torture porn’s protagonists are spotlighted in these films. Abductees dominate the screen-time, and their suffering drives the narrative forward. Torturers are often motivated solely by their victims’ agony. In many cases, torture is designed specifically for each hyper-individualised captive. These forms of emphasis imply that captives are the stimulus for their own victimisation. The captor’s exaggerated interest in the prisoners is perversely flattering: captives are implied to be worthy of the captor’s maniacal attention, which is reified by the CCTV cameras. In torture porn’s scenarios, it is not immediately clear who has greater control over the individual: the captor or the captive themselves. By dissecting how self-preservation, self-governance, and self-centredness manifest in torture porn, this chapter seeks to examine the dialectical qualities of liberty, interdependency and autonomy. (shrink)

Current debates as to whether “republican liberty” is a negative or a positive concept of liberty take as their starting point the distinction between these concepts as outlined in Isaiah Berlin’s essay “Two Concepts of Liberty.” Berlin’s essay has stimulated a considerable debate about the precise nature of the distinction between the two concepts, whether there are indeed two concepts of liberty or only one, the triadic concept, and whether the two concepts are systematically connected to the foundational assumptions of (...) different traditions of political philosophy. Republican liberty has traditionally been placed under the positive heading as one variant of positive liberty, but this has been challenged by the argument that republican liberty is a form of negative liberty which is more extensive than the liberal form of negative liberty in incorporating the notion of freedom from potential as well as actual interference or constraint. According to this interpretation, therefore, the main distinction between the political traditions of liberalism and republicanism is to be found not in the distinction between negative and positive liberty, but in a distinction within negative liberty. (shrink)

DAVID WARD, in his interesting essay, advances a number of propositions: -/- That moral (including evil) behavior must be governed by a principle. That the principles involved in evil actions are unconscious. That these unconscious evil principles may be the product of malignant narcissism. And somewhat tentatively, that evil is driven "independent of any conscious desires" and by implication the evil person may be stripped of moral responsibility for their behavior. -/- To begin with common ground: Those who (...) act in an evil manner, in my experience, do not usually acknowledge that they acted on an evil principle (nor do those who commit good acts, excepting the terminally self-righteous, usually explain their behavior in terms of adherence to principles). Among serious offenders, self-justification in terms of having no choice is more common or the hapless claim that "I don't know why I did that" or even "I can't believe I did that" (which all too often becomes "I can't remember doing that" for as Nietzche (1886) wrote "I have done that—says my memory. I could not have done that—says my pride and remains inexorable. Eventually memory gives in"). Those who do appeal to principle to justify their evil actions almost inevitably cite value systems that have considerable, if not universal, acceptance. I have encountered men who proudly declared their killings to be part of the pursuit of righteous aims, such as protecting children from pedophiles, stopping the killing of the unborn child, reducing AIDS, and cleansing their city of vice. Interestingly the combination of dreadful, and in many cases repeated, violence with self-righteous superiority often attracts from fellow prisoners and prison staff a label of evil. (shrink)

. In this paper, we consider the nature of recent corporate abuses both in the U.S. and in Europe, and how globalization has had an impact on amplifying their consequences. We discuss the rules-based and principles-based remedies that have been proposed in each region, respectively. With a focus on the U.S. Sarbanes-Oxley Act (SOA), we examine the principles forwarded by this act, and how it addresses those principles with specific rules and governance mechanisms. Invoking Integrative Social Contracts (...) Theory (ISCT), we conclude with a reconciliation of the principles and rules-based approaches to corporate governance as suggested by theory. (shrink)

‘Torture porn’ films centre on themes of abduction, imprisonment and suffering. Within the subgenre, protagonists are typically placed under relentless surveillance by their captors. CCTV features in more than 45 contemporary torture-themed films (including Captivity, Hunger, and Torture Room). Security cameras signify a bridging point between the captors’ ability to observe and to control their prey. Founded on power-imbalance, torture porn’s prison-spaces are panoptical. Despite failing to encapsulate contemporary surveillance’s complexities (see Haggerty, 2011), the panopticon remains a dominant paradigm within (...) surveillance studies because it captures essential truths about the psychologies of self-governance and interdependency. This chapter will use torture porn’s panoptical spaces and captor-captive relationships as a springboard into examining those broader philosophical issues regarding selfhood. In the torture-space, cameras signify the control to which captives must submit. Since they are threatened with death, the surveillance dynamic appears to entirely subjugate these prisoners. However, the captive must undertake some agency in the oppression. Much of the captor’s implied threat is enacted by the captives, who brutalise one another to save themselves. The captor’s apparent omniscience is translated into omnipotence only because the captives forsake self-control – opting to engage in violent, contra-social behaviours – out of fear. Thus, it is implied that self-ownership is the bedrock of stable, interdependent sociality. To inspire horror, the opposite is depicted: fractured groups comprised of paranoid, self-invested individuals. By submitting to external pressure, these “weak” individuals empower their tormentor. Captives are not only encouraged to enact their own suppression, but also to internalise culpability for the suffering they undergo. Despite being threatened with erasure, torture porn’s protagonists are spotlighted in these films. Abductees dominate the screen-time, and their suffering drives the narrative forward. Torturers are often motivated solely by their victims’ agony. In many cases, torture is designed specifically for each hyper-individualised captive. These forms of emphasis imply that captives are the stimulus for their own victimisation. The captor’s exaggerated interest in the prisoners is perversely flattering: captives are implied to be worthy of the captor’s maniacal attention, which is reified by the CCTV cameras. In torture porn’s scenarios, it is not immediately clear who has greater control over the individual: the captor or the captive themselves. By dissecting how self-preservation, self-governance, and self-centredness manifest in torture porn, this chapter seeks to examine the dialectical qualities of liberty, interdependency and autonomy. (shrink)

John Harris recently argues that the moral bioenhancement proposed by Persson and Savulescu can damage moral agency by depriving the recipients of their freedom to fall (freedom to make wrongful choices) and therefore should not be pursued. The link Harris makes between moral agency and the freedom to fall, however, implies that all forms of moral enhancement, including moral education, that aim to make the enhancement recipients less likely to “fall” are detrimental to moral agency. In this paper, I present (...) a new moral agency-based critique against the moral bioenhancement program envisaged by Persson and Savulescu. I argue that the irresistible influences exerted by the bioenhancement program harms our capabilities for conducting accurate self-reflection and forming decisions that truly express our will, which subsequently undermine our moral agency. (shrink)

Explores the difficult problems that arise from efforts to understand the characteristic norms of practical rationality involved in planning agency. It is noted that "cognitivists" tend to view these rationality norms as norms of theoretical rationality while others see the notion that these rationality norms have a distinctive normative force as a "myth." The focus is on finding a middle path that emphasizes links between practical reason, planning structures, & the metaphysics of self-governance. The reason planning agents conform to (...) norms of practical rationality is based at least in part on their desire to govern their own lives. The norms of rationality examined are "wide-scope norms on sets of attitudes," described as norms that reject or proscribe combinations of attitudes. The relation between reasons & rationality is addressed, along with the normative significance of intention coherence & consistency; & problems that arise during attempts to account for the "distinctive normative force of Means-End Coherence in a way that is in the spirit of Reason for Means-End Coherence.". Adapted from the source document. (shrink)

Bratman's self-governance model of autonomy is part of a tradition of hierarchical accounts, according to which autonomy is a matter of the agent's psychology having a certain functioning and hierarchical structure that is constitutive of her practical standpoint. Bratman develops a sophisticated version of that account by drawing on a temporally extended sense of agency, which is realized and sustained by the role higher-order (self-governing) policies play—by being subject to rational demands of consistency, coherence and stability—in coordinating one's (...) life over time. We shall argue that: (i) there may be autonomous agency without self-governing policies; (ii) there is a tension between understanding autonomy as involving temporally extended agency and as realized essentially by those rational demands. (shrink)

ABSTRACT This article discusses recent scholarly endeavours to rethink form and principles of Rousseau's political theory. Michael Sonenscher's Jean-Jacques Rousseau: The Division of Labour, the Politics of the Imagination and the Concept of Federal Government is in the limelight of the analysis. Following a brief introduction into the general debate on Rousseau's political thought, the article reconstructs Sonenscher's argument that Rousseau was essentially a theorist of a federal government system. While Sonenscher achieves what earlier interpretations have failed (...) to accomplish, that is, to give Rousseau's state a form, the discussion underscores that he leaves open the question how this federal government system is supposed to function. The article concludes that Rousseau's fragmentary ideas on constitutional government can provide an answer to this question, as they shed light on the framework that allowed him to combine will (the sovereign people) and force (the government) in the political organization of a democratic state. (shrink)

Corporate governance is often split between rule-based and principle-based approaches to regulation in different institutional contexts. This split is often informed by the types of institutional configurations, their strengths, and the complementarities within them. This approach to corporate governance regulation is mostly discussed in the context of developed economies and their regulatory demands. However, in developing and weak market economies, such as in Sub-Saharan Africa, there is no such explicit split and the debates on such contexts in the comparative corporate (...) governance literature have been meagre. Nonetheless, there are sparks of good corporate governance practices in the region. Drawing from institutional theory and a case study of a largest economy, we explore the appropriateness or suitability of corporate governance regulatory frameworks in Sub-Saharan Africa. Our findings suggest that Nigeria needs an integrated system that combines elements of both rule-based and principle-based regulation, supported by a multi-stakeholder co-regulation strategy. This paper departs from the mainstream rule-based and principle-based categorisations by forging ahead new perspectives on corporate governance regulation, especially in weak market economies. (shrink)

Localization and decentralization are frequently presented as good for women. However, the reality is not so clear cut. Local government is the tier that is closest to people, but relationships, structures, and processes of local governance can limit both the space for women’s participation and the policy potential for addressing gender issues. The experience of democratic reform in South Africa is invariably held up as an example of good practice in advancing gender equity in governance. Critically drawing (...) on this experience, the article points out some of the paradoxes for women and gender equity that arise from decentralization strategies and governance at the local level. (shrink)