This article aims to shed some light on the concepts embedded in the expressions ‘services of general interest’ (‘SGI’), ‘services of general economic interest’ (‘SGEI’), ‘non-economic services of general interest’ (‘NSGI’) and ‘social services of general interest’ (‘SSGI’). It is submitted that the expression ‘SGI’ conveys a general concept which comprises both SGEI and NSGI. SGEI may be distinguished from NSGI in that only the former involve an economic activity. In contrast (...) to SGI, SGEI and NSGI, the expression ‘SSGI’ is nowhere to be found in primary EU law. This means that it is for the EU legislator and, as the case may be, for the Member States to define such expression. Furthermore, this article supports the contention that a definition of the principles and conditions underpinning the operation of SGI must be capable of adapting to changing times and social perceptions, whilst being respectful of the vertical and horizontal allocation of powers set out in the Treaties. Vertically, a definition of SGI must not impinge upon the powers retained by the Member States. In the absence of harmonisation, it is for the Member States to define the services they consider to be of general interest, unless they commit a manifest error of assessment. In the presence of EU harmonising measures, the margin of discretion enjoyed by the Member States is, if still existent, narrowed down, given that national authorities are required to comply with the objectives pursued by the EU legislator. Horizontally, a definition of SGI must not encroach upon the prerogatives of the Commission in the realm of competition law. Moreover, in light of Article 9 TFEU and secondary EU legislation, the specific features of SSGI must be taken into consideration when determining the compatibility with EU State aid rules of public service compensation awarded to the providers of those services. An EU conceptual framework for the SGI must thus be the result of a constructive dialogue between the different levels of governance, as well as of a balanced solution among different policy areas in relation to which the EU enjoys competences. (shrink)

Next SectionWainwright and Gallagher propose that when child protection concerns emerge significant difficulties arise for General Practitioners because of conflicts between the individual interests of children and parents who are their patients and the Paramountcy Principle. From a psychodynamic perspective their analysis does not give sufficient weight to the nature of personal as opposed to interpersonal conflict of a conscious or unconscious nature. When issues of major import arise, ordinary parenting inevitably involves parents in putting their children's needs first (...) if competing possibilities occur. It is an over-simplification to present this as a conflict between the interests of children and parents. Parents' own best interests are served by securing their children's safety and welfare. An appreciation of this is crucial in order to implement child protection procedures appropriately. Errors may occur because the complex emotions and relationships involved lead professionals to experience themselves as potential agents of harm rather than benefit. (shrink)

February 1, 2000 TABLE OF CONTENTS TABLE OF AUTHORITIES......................................................................................... .......................ii STATEMENT OF INTEREST.................................................................................................... ......... v..

The general interest (by opposition to the common interest) presents itself as a position of overhang, taking the point of view of society and the requirements of rationalization supposed to structure it. We propose to examine three different options concerning the nature and the determination of this interest. We follow a chronological approach which, in fact, refers to essential conceptual distinctions. Lemercier de La Rivière’s approach shows general interest as a mere epiphenomenon of the (...) interest of the members of society who are all seeking to see their individual gains maximized. The approach of Saint-Simon overturned it because, for him, the rights of individuals depend entirely on their social function in the industrial system in such a way that the only common interest of individuals is their interest as member of the industrial society. The general interest assumed by the State expresses the general requirements of industry, i.e. the production and optimum distribution of resources throughout the whole body of society. Finally, Leon Bourgeois' approach allows to articulate a thesis based on the rights and protection of individuals with a thesis based on the promotion of social interests irreducible to individual interests. The general interest incarnated by the State aims to reinstate the individual in the requirements and the civic obligations in particular by duties like that of paying the tax. (shrink)

Bender, Robert Review of: In the public interest: 150 years of the Victorian Auditor-General's office, by Peter Yule, 2002, VAGO, 304 pages.

The article aims to question a commonplace : Marx would only have criticized the idea of “general interest” because, in his view, it would have been created during the French Revolution in order to guarantee and in the same time veil the bourgeois interest. The analysis, based on an enquiry on the German terms used by the young Marx, reveals, beside this critique, a theoretical attempt to think a “common” or “human” interest. This common interest (...) would overcome class antagonism, and take over the interests of all and of everyone. (shrink)

As family physicians, general practitioners play a key role in safeguarding children. Should they suspect child abuse or neglect they may experience a conflict between responding to the needs and interests of the child and those of an adult patient. English law insists on the paramountcy of the interests of the child, but in family practice many other interests may be at stake. The authors argue that uncritical adoption of the paramountcy principle is too simplistic and can lead, paradoxically, (...) to greater harm. They argue for a more subtle and nuanced view of interests and of conflicts of interest in safeguarding children. (shrink)

This article about the social responsibility of the large corporation is not a paper about stewardship in general. If it were, it would have to focus primarily on the principle of long-term market accountability and the related principle of fidelity to long-term stockholder interests. Most of management's stewardship responsibilities can be subsumed under those two principles.This paper will deal with areas in which those two principles alone are not adequate to define management's stewardship responsibilities. These areas of social accountability (...) occur chiefly where the interests of employees or the general public are at stake — where their human and social purposes sometimes collide with the more limited commercial purposes of the large corporation. (shrink)

We examined the public interest reports of General Motors from 1971 to 1990 and presented the contents thereof herein. The principal areas disclosed by GM during those years that are discussed in this paper were minorities, women, and employment issues, energy and the environment, international operations, automotive safety, and philanthropic activity. The purpose of this study was to examine the public interest report as a vehicle through which a firm might disclose information in the public interest. (...) We concluded that there were at least three principal forces driving GM's disclosures. They included public attention focused on, potential costs associated with, and the relative subjectivity of an issue.In reading their public interest reports, it became clear that GM is socially responsive in matters of public interest. Whether they are socially responsible is a judgment not within the scope of this study. However, we do not preclude the possibility that the report may serve as a vehicle which would build a certain momentum in public responsibility, and thus partially drive decisions made by management in social issues. (shrink)

This contribution deals with Bakunin’s materialistic conception of human interests and its relationship to his harsh criticism of any idea of general interest, political representation and centralisation, especially in his late work Mazzini’s Political Theology and the International. The purpose of the article is to show how, by considering human interests and their role in society and history from a materialistic point of view, Bakunin also thinks general interest as something impossible, so that any legitimate foundation (...) for political representation in a centralist assembly. The first part of the contribution deals with this materialistic conception of interests and its relationship to Marx’s materialistic conception of history. The second part is about the very criticism of general interest as a mere fiction, so that any legitimate representation in the framework of a centralised system becomes impossible, even if the members of such an assembly are limited by imperative mandates. (shrink)

Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.

The principle of the generalization argument,, is stated in "fully" elaborated form on p. 73.

Community-based healthcare organisations manage competing, and often conflicting, priorities. These conflicts can arise from the multiple roles these organisations take up, and from the diverse range of stakeholders to whom they must be responsive. Often such conflicts may be titled conflicts of interest; however, what precisely constitutes such conflicts and what should be done about them is not always clear. Clarity about the duties owed by organisations and the roles they assume can help identify and manage some of these (...) conflicts. Taking divisions of general practice in Australia as an example, this paper sets out to distinguish two main types of conflicts of interest, so that they may be more clearly identified and more effectively managed. (shrink)

Owing to a genral dissatisfaction with hedonistic theories of value, a number of recent discussions have sought to identify an agent's selfinterest, individual utility, or personal welfare with what the agent most wants to do, all things considered. Two features of these accounts merit special attention for the argument in this paper. First, on such accounts any desire or aversion which persists in the face of complete information is logically relevant to the determination of an agent's self interest. This (...) includes apparently altruistic desires like a desire for another's happiness as well as more narrow and self-regarding desires like a desire to eat a good meal. Second, when the agent finds himself in a situation where he must choose between incompatible desires, his informed preference determines the act which is most in his self-interest. (shrink)

The past presidential election reinvigorated interest in the applicability of conflict of interest legislation to the executive branch. In § 2, we survey various approaches to conflicts of interest, paying particular attention to 18 U.S.C. § 208. Under 18 U.S.C. § 202, this conflict of interest statute is straightforwardly inapplicable to the President. We then explore the normative foundations of such an exemption in § 3. While these sections are ultimately lenient, we go on to consider (...) the Emoluments Clause of the United States Constitution in § 4. In §§ 5–6, we apply the Emoluments Clause to the presidency, arguing that it complements conflict-of-interest regimes with regards to foreign affairs, but with more substantial restrictions. (shrink)

Several philosophers opposed to animal rights have recently sought to justify their opposition by arguing that the epistemic differences between human and animal interests (often referred to as “taking an interest” vs. “having an interest”) constitute a morally significant difference. In this paper, I first detail the various forms ofhaving an interest and oftaking an interest. I then evaluate the moral significance of these differences from both utilitarian and deontological viewpoints. The conclusion of this analysis is (...) that the epistemic differences between human and animal interests are not morally significant. (shrink)

Having explained the moral approbation attending merit or virtue, there remains nothing but briefly to consider our interested obligation to it, and to inquire whether every man, who has any regard to his own happiness and welfare, will not best find his account in the practice of every moral duty. [W]hat theory of morals can ever serve any useful purpose, unless it can show, by a particular detail, that all the duties which it recommends, are also the true interest (...) of each individual? (shrink)

Leibniz' General Investigations, a group of memoranda on logical and methodological matters, remained unpublished until Couturat published the original Latin manuscript in 1903. Only after 1960 was a German translation made by F. Schmidt and an English translation by G. H. R. Parkinson. The present translation provides extensive reference notes to Leibniz' other manuscripts, and a commentary and notes to the text. In these respects it has some advantages over previous translations. The translation is clear although the work itself (...) is sometimes difficult to follow and the notes are most welcome. An introduction discusses the place of the General Investigations within the context of Leibniz' thought. With the interest in Leibniz' logical writings very strong at present, this new translation and commentary is most welcome.--R. H. K. (shrink)

In this paper, however, I will argue that Kant’s restriction of interest to natural rather than artistic beauty should not be taken as a basic aspect of his aesthetic theory, and thus need not affect our assessment of that theory’s more basic claims. First, I will suggest that Kant’s theory of intellectual interest is not really necessary to explain what we ordinarily mean by an interest in beautiful objects—a desire to preserve them for repeated experience, a motivation (...) for our efforts to see them and our willingness to pay for them, and the like—and that the exclusion of art from a special moral interest thus does not leave our general interest in its objects unexplained. But, I will also argue, Kant’s own theory of art and our response to it actually allows beauties of art to have just as much claim to this intellectual interest as do objects of natural beauty. Kant’s differentiation of natural and artistic beauty with regard to moral interest turns on an ambiguity in the concept of nature itself, as well as on Kant’s assumptions that art, unlike nature, is a product of an intention to produce pleasure through determinately conceived objects, and that our response to art, again unlike that to nature, must be connected to a recognition of its intentionality. But Kant’s own theory of artistic creation—his theory of genius—undermines the force of the first of these assumptions, for it teaches us that art, while indeed the product of intentional activity, also calls upon the use of a natural talent that deserves our admiration as much as any other gift of nature. In other words, Kant’s own view of the complexity of artistic intentions forbids the simple differentiation of art and nature that he employs in §42, and while Kant’s theory of aesthetic response does not clearly preclude the view that our response to art must take into account the intentions with which art is produced, it also hardly entails this view. This may have been obscured from Kant by the indeterminacy of his own key concept of the freedom of the imagination, but, I will suggest, this freedom might actually have to be extended to the case of art if it is to work even in Kant’s paradigmatic case of natural beauty. Thus, on Kant’s own account the beauties of nature and of art are far more intimately connected, both in their own ontological status and in our response to them, than his theory of intellectual interest concedes. (shrink)

General practitioners (GPs) have to negotiate a range of challenges when they suspect child abuse or neglect. This article details findings from a Delphi exercise that was part of a larger study exploring the conflicts of interest that arise for UK GPs in safeguarding children. The specific objectives of the Delphi exercise were to understand how these conflicts of interest are seen from the perspectives of an expert panel, and to identify best practice for GPs. The Delphi (...) exercise involved four iterative rounds with questionnaires completed by an expert panel. Results from each round were distilled and findings sent to panel members until consensus was reached. Panel members shared insights regarding their understanding of conflicts of interest in relation to GPs and safeguarding children and responses when conflicts of interests arise. Findings suggested a broader understanding of conflicts of interest (intrapersonal, interpersonal, interprofessional and interagency), the importance of professional judgement in uncertain situations when both action and inaction have potentially negative consequences and the importance of trust. The Delphi exercise was an effective means to bring together a wide range of professional and disciplinary perspectives on a complex topic. Findings caution against the oversimplification of the conceptual and practical issues, emphasise the importance of professional judgement, and support the development of open and trusting relationships with families and among professionals in health and social care agencies. (shrink)

Private industry funds more than half of all medical research in the United States. While industry involvement in research has benefits, it can also create conflicts of interest. The most common policies adopted to address conflict of interest in medical research are focused primarily on the ways in which industry sponsorship may undermine a clinician’s judgment regarding patient care. Insufficient attention has been given to the ways in which industry sponsorship may undermine judgment relative to the goal of (...) scientific integrity in research. The most common conflict of interest policies do not adequately address this problem. Disclosure policies alone will not remove or ameliorate all conflicts. Further, severing or monitoring ties between clinicians and industries will not adequately address the problem, since in many cases it is not the clinicians who are making the relevant research judgments. In order to address the problem of conflict of interest inindustry-sponsored research, fundamental changes in strategy and practice must be adopted which either remove the power to make research decisions from industry employees, or increase the review of those decisions by independent investigators. (shrink)

The general theory of invention takes the name "dynamology," and comprises several forms of more or less phenomenological inquiry, chiefly "operational dynamology," "structural dynamology," "intentional dynamology," and "historical dynamology." In each case a type of "tendential a priori" is uncovered, first in distinct fields such as empirical science, art, ethics and philosophy, and then in the human field generally. This over-all human perspective leads to the ontological and cosmological, in which cosmos and microcosmos are shown to be dynamically and (...) dialectically at one with each other. Boirel begins with Kant, Brunschvicg, Bergson and Husserl, and in the early part of the book reaches many conclusions which coincide with the pragmatic philosophies of Peirce and Dewey. Boirel's theory, however, is quite original and strives to leave no major area of human endeavor untouched.—C. D. (shrink)

Christopher D. Stone has claimed that natural objects can and should have rights. I accept Stone’s premise that the possession of rights is tied to the possession of interests; however, I argue that the concept of a natural object needs a more careful analysis than is given by Stone. Not everything that Stone calls a natural object is an object “naturally.” Some must be taken as artificial rather than as natural. Thistype of object cannot be said to have intrinsic interests (...) and hence cannot be given rights that can protect “its own sake”-which is the sort of right that Stone focuses on. Further, there are other sorts of natural objects which, although they are objects “naturally,” cannot meaningfully be said to have intrinsic interests, and thus cannot have the sorts of rights that Stone is concerned with. Finally, there are other sorts of natural objects which are objects naturally and which have intrinsic interests, but which are not proper candidates for the possession of rights. The prerequisites for being “owed” rights are the possession of intrinsic interests and the capability to suffer when those interests are interfered with or denied or threatened. (shrink)

The current armed conflict in Afghanistan (briefly, the Afghan conflict) is viewed through the lens of a just war theory. In particular, the question stated by the title is explored by means of a generalized just cause principle. For brevity, empirical, practical, and legal issues about the Afghan conflict are mostly set aside. Hence a definite answer to the question is not proposed. Instead, the main aim is to clarify the question. Specifically, the question is amplified, by distinguishing putative just (...) causes of countering terrorism, countering an insurgency, and countering extreme violations of basic human rights. Apparently, however, U.S. government officials (e.g., President Barack Obama) and U.S. military commanders (e.g., General Stanley McChrystal) have mixed goals or motives concerning current U.S.military operations in Afghanistan. Nonetheless, from the standpoint of a just war theory, it is instructive to analytically distinguish these putative just causes, and to consider them separately. Additionally, it is instructive to consider how they might be combined. Consequently, a fourth putative just cause is considered: countering violent spoilers of peacebuilding. (This paper was completed on March 31, 2010.). (shrink)

“All things are full of gods”. A Platonic conversion toward a novel form of pantheism lies behind this pronouncement. This form is seldom appreciated in Platonic studies, and perhaps in general. I shall call it “polypsychic pantheism.” Platonic polypsychic pantheism is a form of pantheism that views the universe as a living, heterogeneously ensouled, divine being. Its divinity consists in a plurality of Gods, because different sorts of Soul-Gods appear necessary to make the universe one living God. Platonic polypsychic (...) pantheism thereby distinguishes itself as an alternative to monistic forms of pantheism. Its demonstration, in the present analysis, depends particularly on the interpretation of a chain ofdevelopment in Plato’s post-Republic dialogues. (shrink)

RÉSUMÉ: De manière générale, les désirs sont aux intérêts ce que les croyances sont aux vérités. Étant admis que ce qui est conforme à vos intérêts est ce que vous désireriez, tout compte fait, si vous étiez en possession d'une information telle au sujet de ses effets potentiels qu'aucune information additionnelle sur ces effets ne modifierait vos désirs, la conclusion selon laquelle vous désirez déjà, tout compte fait, favoriser vos intérêts peut être tirée moyennant certaines suppositions plausibles en philosophie de (...) l'esprit. (shrink)

I discuss Peter Singer’s claim that the interests of animals merit equal consideration with those of human beings. I show that there are morally relevant differences between humans and animals that Singer’s rather narrow utilitarian conception of morality fails to capture. Further, I argue that Singer’s formal conception of moral equality is so thin as to be virtually vacuous and that his attempts to give it moresubstance point to just the kind of differences between humans and animals that undermine his (...) equalitarian thesis. (shrink)

The golden mean metaphor is suggested as a key to understanding the universal and the particular in moral philosophy since finding metaphorical links provides a way of seeing different traditions in a manner that does not erect absolute boundaries. The choice of the golden mean is made keeping in mind that all cultures recognize the worth of moderation. The prime reason for that lies in human nature which sets human beings apart from all the other living creatures by a goal-oriented (...) activity. As a rational being endowed with will, a human person cannot move toward a goal without adopting a certain strategy of actions. An instinct for self-preservation and astute prudence, personal experience and that of one's own ancestors are all prompting a human being to moderate and commensurate in dispositions and actions for an optimal attainment of the goals. Yet, the same principle is concretized in a particular cultural context (Ancient Greek, Indian, Chinese, Muslim and Russian cases are considered). Along with cultural distinctions, situational, temporal factors are of importance: much depends on whether it is the human person guided by own free will or a certain driving force, public, government, etc., outside and above defines the content of the golden mean. (shrink)

In “The Search for Environmental Rights,” Joseph Sax argues that each individual should have, as a right, freedom from environmental hazards and access to environmental benefits, but he makes clear that environmental rights do not exist and their recognition would truly be a novel step. Sax states that environmental rights are different from existing human rights and argues that the closest analogy is welfare interests. In arguing for environmental rights, I follow Sax’s direction and draw from the work of those (...) who are the most relevant in establishing environmental rights. I consider Joel Feinberg’s notion of welfare interests, Henry Shue’s notion of basic rights, and James Nickel’s right to a safe environment. I draw from Mill’s harm principle, the superfund legislation, and the Clean Air Act to illustrate the existing ethical and legal bases for establishing environmental rights. Finally, I discuss positive and negative duties that such rights might carry. (shrink)

Book reviewed:D. S. Clarke, Philosophy’s Second Revolution.