In this paper, an integrated, cognitive view of different mechanisms, reasons and pathways to norm compliance is presented. After a short introduction, theories of norm compliance are reviewed, and found to group in four main typologies: the rational choice model of norm compliance; theories based on conditional preferences to conformity, theories of thoughtless conformity, and theories of norm internalization. In the third section of the paper, the normative architecture EMIL-A is presented. Previous work discussed the epistemic module of this (...) normative architecture, allowing for the generation of normative beliefs being formed. The fourth and fifth sections present the pragmatic modules of EMIL-A, i.e. norm adoption—leading to normative goals—and norm compliance—leading to their execution. Not only are several alternative reasons for norm adoption shown, but also several pathways to norm compliance are identified. Finally, a summary and ideas for future works conclude the paper. (shrink)

The canon is a flexible, normative fact. I speak here of the philosophical canon, though I believe only minor adjustments would be needed to extend the argument to the literary canon.

Ceteris Paribus clauses in reasoning are used to allow for defeaters of norms, rules or laws, such as in von Wright’s example “I prefer my raincoat over my umbrella, everything else being equal”. In earlier work, a logical analysis is offered in which sets of formulas Γ, embedded in modal operators, provide necessary and sufficient conditions for things to be equal in ceteris paribus clauses. For most laws, the set of things allowed to vary is small, often finite, and so (...) Γ is typically infinite. Yet the axiomatisation they provide is restricted to the special and atypical case in which Γ is finite. We address this problem by being more flexible about ceteris paribus conditions, in two ways. The first is to offer an alternative, slightly more general semantics, in which the set of formulas only give necessary but not sufficient conditions. This permits a simple axiomatisation. (shrink)

We examine the role flexible working has for gender equality during the pandemic, focusing on arrangements that give workers control over when and where they work. We use a survey of dual-earning working parents in the United Kingdom during the peak of the first lockdown, namely, between mid-May and mid-June 2020. Results show that in most households in our survey, mothers were mainly responsible for housework and child care tasks both before and during the lockdown period, although this proportion has (...) slightly declined during the pandemic. In households where fathers worked from home during the pandemic, respondents were less likely to say that mothers were the ones solely or mostly responsible for housework and child care. Fathers who worked from home were more likely to say that they were doing more housework and child care during the lockdown period than they were before. Finally, we explore what we expect to happen in the postpandemic times in relation to flexible working and gender equality. The large expansion of flexible working we expect to happen may help reduce some of the gender inequalities that have exacerbated during the pandemic, but only if we reflect on and change our existing work cultures and gender norms. (shrink)

We mobilise contemporary philosophy of science to further clarify observations on economic modelling made by Gilboa et al. (2023). We adopt a normative stance towards these modelling practices to identify the extent to which they are epistemically justified. Our message is simple: many of the distinctions proposed by Gilboa et al. (2023) are useful, but without the proper qualifications, too much flexibility in choosing the right interpretation risks downplaying the crucial role that empirical evidence should play in any (...) modelling endeavour. (shrink)

Starting on Bourdieu’s approach to precariousness, this article analyzes this phenomenon as a new flexible norm that displaces the Fordist social norm. The authors argue, based on Gramsci’s study of Fordism, that precarization creates a mechanism of discipline for the legitimization of the loss of both labour and social rights, destroying the Keynesian social pact. Such disciplining happens coercively, both by the use of new technologies and by the generalization of the function of Marx’s industrial reserve army to all productive (...) strata; and also, by consensus, through a transformation in the work culture, leading to a “new flexible man” with a flagrant loss of its autonomy. (shrink)

Deontic reasoning is thinking about whether actions are forbidden or allowed, obligatory or not obligatory. It is proposed that social norms, imposing constraints on individual actions, constitute the fundamental concept for the system of these four deontic modalities, and that people reason from such norms flexibly according to deontic core principles. Two experiments are presented, one on deontic conditional reasoning, the other on “pure” deontic reasoning. Both experiments demonstrate people's high deontic competence and confirm the proposed representational and inferential principles. (...) Experiment 1 additionally shows small effects of the conditional formulations. These findings support the dual source approach (Beller & Spada, 2003) that distinguishes between domain-specific and domain-general inferences. Implications for other theories of deontic reasoning are discussed. (shrink)

This article reconstructs the normative strategy of interpretation of Martin Heidegger’s Being and Time in modern analytical philosophy, and also proposes a theoretical framework for understanding this strategy as a historical phenomenon. The article describes the development of the normative direction in the interpretation of Heidegger’s fundamental ontology. Its first branch—the socio-normative, or the neopragmatist one—is associated with such philosophers as John Haugeland and Robert Brandom. The second one—the ethico-normative, or postneopragmatist one—branch is represented by Steven (...) Crowell and Sacha Golob. It is shown that the first group of normativists focused mainly on implicit social norms and structures of conformity, while the second—focuses primarily on Kantian ethics and Christina Korsgaard’s interpretation of Kant, as well as on the inferentialist philosophy of language of Robert Brandom. The conceptual schemes used by each of the representatives of these approaches are reconstructed. The connections of different approaches within the framework of the normative direction with each other are shown. The concept of a relay race is proposed, which can describe normative Heideggerianism as a historical phenomenon. It is shown that the development of normative Heideggerianism can be characterized as theoretical progress in relation to the accuracy of the interpretation of Heidegger’s texts. The grounds for the comparative “progressiveness” of different normative approaches in the updates of the basic normative conceptual scheme that they involve are clarified. It is also shown that the progress of the normative conceptual scheme in the direction of flexibility and adaptation to Heidegger’s text is fraught with a loss of meaningfulness of the very concept of norm. It is argued that the concept of norm, despite the loss of its empirical content, can be used to translate Heidegger’s concepts for pragmatic reasons. (shrink)

We argue that stereotypes associated with concepts like he-said–she-said, conspiracy theory, sexual harassment, and those expressed by paradigmatic slurs provide “normative inference tickets”: conceptual permissions to automatic, largely unreflective normative conclusions. These “mental shortcuts” are underwritten by associated stereotypes. Because stereotypes admit of exceptions, normative inference tickets are highly flexible and productive, but also liable to create serious epistemic and moral harms. Epistemically, many are unreliable, yielding false beliefs which resist counterexample; morally, many perpetuate bigotry and oppression. (...) Still, some normative inference tickets, like some activated by sexual harassment, constitute genuine moral and hermeneutical advances. For example, our framework helps explain Miranda Fricker’s notion of “hermeneutical lacunae”: what early victims of “sexual harassment” — as well as their harassers — lacked before the term was coined was a communal normative inference ticket — one that could take us, collectively, from “this is happening” to “this is wrong.”. (shrink)

The article devoted to the study of elaborate correlation between language and ideology, language and culture. The author dwells on the shift in the key concept of social and humanitarian studies from a classical standard and language description to the flexibility in the language use and functioning. It is necessary to point out though that despite some similarities in correlation between language and culture on the one side and language and ideology on the other side, there are some differences (...) in the pragmatic perspectives between these categories. The discourse that has been formed under the ideological influence tends to be formal and ritualized to a greater extent than those language structures that have been developed due to culturally consistent processes i.e. connection and transmission between the generations. The author also makes an attempt to apply the paradox of globalization by A. Giddens to social linguistics. The runaway world theory introduced by a British sociologist A. Giddens singles out that the globalizing world does not become predictable as globalization predominates, but, on the contrary, social and linguistic processes become less and less manageable. The understanding of language and society becomes more complicated and demands new doctrines and innovative concepts, such as post-non-classical paradigm might conjure in. The author also takes into account the causes making standard language too flexible and changeable. The main cause of this process is an intent conditioned by certain communicative situation or by certain reasons to alter illocution of the utterances for representing identity, resulting in turn to more prestigious or more sophisticated language. (shrink)

The paper critically examines recent work on justifications and excuses in epistemology. I start with a discussion of Gerken’s claim that the “excuse maneuver” is ad hoc. Recent work from Timothy Williamson and Clayton Littlejohn provides resources to advance the debate. Focusing in particular on a key insight in Williamson’s view, I then consider an additional worry for the so-called excuse maneuver. I call it the “excuses are not enough” objection. Dealing with this objection generates pressure in two directions: one (...) is to show that excuses are a positive enough normative standing to help certain externalists with important cases; the other is to do so in a way that does not lead back to Gerken’s objection. I show how a Williamson-inspired framework is flexible enough to deal with both sources of pressure. Perhaps surprisingly, I draw on recent virtue epistemology. (shrink)

At least since Aristotle, practical skill has been thought to be a possible model for individual ethical development and action. Jonathan Birch’s ambitious proposal is that practical skill and tool-use might also have played a central role in the historical emergence and evolution of our very capacity for normative guidance. Birch argues that human acquisition of motor skill, for example in making and using tools, involves formation of an internal standard of correct performance, which serves as a basis for (...) normative guidance in skilled thought and action, and in the social transfer of skills. I suggest that evaluativemodeling, guidance, and learning play a more basic role in motor skill than standards of correctness as such-indeed, such standards can provide effective normative guidance thanks to being embedded within evaluative modeling and guidance. This picture better fits the evidence Birch cites of the flexibility, adaptability, and creativity of skills, and can support a generalized version of Birch’s ‘skill hypothesis’. (shrink)

This article introduces compliance disclosure regimes to business ethics research. Compliance disclosure is a relatively recent regulatory technique whereby companies are obliged to disclose the extent to which they comply with codes, ‘best practice standards’ or other extra-legal texts containing norms or prospective norms. Such ‘compliance disclosure’ obligations are often presented as flexible regulatory alternatives to substantive, command-and-control regulation. However, based on a report on experiences of existing compliance disclosure obligations, this article will identify major weaknesses that prevent them from (...) becoming effective mechanisms to discipline a certain type of behaviour. It will be argued that regulatory recourse to compliance disclosure obligations is nonetheless worthwhile if we view them as mechanisms that can initiate a dialogue about norm interpretation, application and norm desirability. From this perspective, compliance disclosure obligations serve less to discipline companies by making corporate practices transparent, and more to trigger a process of norm development, in which the law, companies and their stakeholders interact. This article provides an illustration of how mandatory disclosure, if it is restricted to a unilateral communication process, may produce no effective results (or even prove counterproductive), whilst highlighting the alternative potential of disclosure as an initiator of dialogue, supported by laws, geared towards the development and refinement of norms applicable to business in a global context and the values they promote. (shrink)

This paper explores new working time arrangements around a critique of the ‘commodification of time’ to illuminate the contradictions of such new flexibilities. Two features of these new arrangements are seen as relevant for evaluating the Marx/Engels analysis. Firstly, it roots the examination of time in commodification, although, as criticised in this paper, some authors have seen this as the generality of time rather than that within the exchange of labour power. Significantly — and central in all working time arrangements (...) — it is labour power that is sold, be it for a particular period of time, rather than the time itself. Hence, working time arrangements set boundaries against ‘free’ time or time in which labour power is not sold as a commodity, that ‘free’ time which was recognised in the traditional arrangements — fought over in early industrialism — which set premium payments against anti-social hours within ‘overtime’. New working time arrangements tend to blur the boundaries between ‘free’ and ‘working’ time, assuming an availability of labour power to capital. While much of the promotion of flexibility stresses the possibility of making adjustment to suit social and domestic requirements it is more usually the means for altering working time to meet the demands of capital. The much-vaunted case of Volkswagen has led to ‘working time accounts’ becoming the established temporal arrangement within the German car industry and increasingly becoming the norm for other European auto producers. The name given to these new working arrangements within the motor industry suggests that time has indeed become further commodified. For workers within these new time regimes, the hours owed to their employer is displayed along with their earnings — and deductions — on their wage slip. (shrink)

A weak and a strong version of discourse theory can be distinguished. In the strong version the only source of normative validity in the nonspecific sense is rational consensus, where all parties concerned accept a norm for the same reasons, which are rationally convincing in the same way for all. In the weak version both rational and overlapping consensus can be sources of validity in the nonspecific sense. It is argued that the weak version is the more adequate, since (...) it can accommodate cases which the strong version cannot, and which it is unreasonable to view as cases of compromise. Discourse theory needs a weaker general discourse principle and a more flexible notion of normative consensus than is found in Habermas's Between Facts and Norms. (shrink)

It is proposed here that the Confucian li, norms of appropriate behavior, be understood as part of the dynamic process of moral self-cultivation. Within this framework li are multidimensional, as they have different functions at different stages in the cultivation process. This novel interpretation refocuses the issue regarding the flexibility of li, a topic that is still being debated by scholars. The significance of this proposal is not restricted to a new understanding of li. Key features of the various (...) stages of moral development in Confucian thought are also articulated. This account presents the picture of a Confucian paradigmatic person as critically self-aware and ethically sensitive. (shrink)

The integration of normative analysis with empirical data often remains unclear despite the availability of many empirical bioethics methodologies. This paper sought bioethics scholars’ experiences and reflections of doing empirical bioethics research to feed these practical insights into the debate on methods. We interviewed twenty-six participants who revealed their process of integrating the normative and the empirical. From the analysis of the data, we first used the themes to identify the methodological content. That is, we show participants’ use (...) of familiar methods explained as “back-and-forth” methods (reflective equilibrium), followed by dialogical methods where collaboration was seen as a better way of doing integration. Thereafter, we highlight methods that were deemed as inherent integration approaches, where the normative and the empirical were intertwined from the start of the research project. Second, we used the themes to express not only how we interpreted what was said but also how things were said. In this, we describe an air of uncertainty and overall vagueness that surrounded the above methods. We conclude that the indeterminacy of integration methods is a double-edged sword. It allows for flexibility but also risks obscuring a lack of understanding of the theoretical-methodological underpinnings of empirical bioethics research methods. (shrink)

Background: Biomedical research nowadays is increasingly carried out in multinational and multicenter settings. Due to disparate national regulations on various ethical aspects, such as informed consent, there is the risk of ethical compromises when involving human subjects in research. Although the Declaration of Helsinki is the point of reference for ethical conduct of research on humans, national normative requirements may diverge from its provisions. The aim of this research is to examine requirements on informed consent in biomedical research in (...) Germany, Poland, and Russia to determine how each national regulatory framework relates to the provisions of the Declaration of Helsinki. Methods: For this analysis, we conducted a search of the legal databases “Gesetze im Internet” for Germany, “Internetowy System Aktow Prawnych” for Poland, and “ГAPAHT – Garant” for Russia. The search was complemented by a review of secondary literature contained in the databases Google Scholar, PubMed, Polish National Library, and eLibrary ru. We have identified 21 normative regulations containing provisions on informed consent in clinical research in all three countries. The content of these documents was systematically categorized and analyzed. Results: The normative framework in all three countries shows a strong commitment towards the core ethical principles of research envisaged in the Declaration of Helsinki. Nevertheless, provisions on informed consent vary between these three countries. The differences range from the method and language in which information should be provided, through the amount of information required to be disclosed, to the form of documenting consent or withdrawal. In the case of research on vulnerable groups, these differences are particularly visible. Conclusions: The identified differences can negatively impact the ethical conduct of international clinical studies. Attention needs to be paid that flexibilities within national regulations are not misused to undermine the protection of research subjects. Achieving global or regional legislative harmonization might prove impossible. Such lack of legal consensus reinforces the significance of the international ethical agreements. (shrink)

This study draws on semistructured interviews with 19 white, rural, straight-identified men who have sex with men to understand how they perceive their gender and sexuality. It is among the first to use straight men’s own narratives, and helps address the underrepresentation of rural masculinities research. Through complex interpretive processes, participants reworked non-normative sexual practices—those usually antithetical to rural masculinities—to construct normative masculinity. Most chose other masculine, white, and straight or secretly bisexual men as partners for secretive sex (...) without romantic involvement. By choosing these partners and having this type of sex, the participants normalized and authenticated their sexual encounters as straight and normatively masculine. The participants engaged in bud-sex, a specific type of male–male sex that reinforced their rural masculinity and heterosexuality. The married men framed sex with men as less threatening to marriage than extramarital sex with women, helping to preserve a part of their lives that they described as central to their straightness. The results highlight the flexibility of heterosexuality; the centrality of heterosexuality to normative rural masculinity; how similar sexual practices carry different meanings across contexts and populations; and the social construction of masculinities and sexualities by age, race, gender, time period, and place. (shrink)

Classically-conceived accounts of character posit traits that are both dynamic and global. Dynamic traits produce behavior, and global traits produce behavior across the full range of situation kinds relevant to a particular trait. If you are classically just, for example, you would behave justly across the full range of situation kinds relevant to justice. But classical traits are too crude to fulfill trait attributions' intrinsically normative purpose, which is to reflect the moral merit agents deserve. I defend an extra-classical (...) account of character traits that endorses flexible traits that might issue in behavior across any narrow or broad range of situation kinds, and static traits that might issue in no behavior at all. Extra-classical traits are more subtle and sensitive, and so are normatively receptive to the credit that psychologically-complicated agents merit. Further, extra-classical traits can fulfill all the unproblematic roles of classical traits. Extra-classicism is, hence, a significant and substantial improvement upon classically conceived character traits and traditional virtue ethics. (shrink)

Several insider accounts of the formation of the Sustainable Development Goals suggest that the process (the procedures used and the emergent organizational and governance system features) was as important as the resulting goal-set. The paper looks at both aspects, and relationships between them: the rising influence of Southern nations (seen in the roles played by Colombia, Brazil, some African countries and the G77); the partial transcendence of traditional inter-bloc negotiation, including through adoption of elements of deliberative decision-making; the major involvement (...) of civil society and business organizations, thanks especially to the IT revolution; the adoption of a goals-targets-indicators frame that has flexibility at national level and implicit reliance on intensive further civil society activism and monitoring. The paper considers these features and the implied prospects for the SDGs in relation to various perspectives on global governance, with special reference to norm-setting: Ruggie’s concepts of ‘global public domain’ and ‘polycentric global governance’, Risse and Sikkink’s ‘norms cascade’, Murphy’s posited required elements for progressive global innovation, and Raskin’s model of transition through responses to crises. It concludes with questions for further work, including regarding the possibly problematic absence of an explicit inspirational value-core. (shrink)

ABSTRACT: Decision-theoretic approach and a nonlinguistic theory of norms are applied in the paper in an attempt to explain the nature of scientific rationality. It is considered as a normative system accepted by scientific community. When we say that a certain action is rational, we express a speaker’s acceptance of some norms concerning a definite action. Scientists can choose according to epistemic utility or other rules and values, which themselves have a variable nature. Rationality can be identified with a (...) decision to accept a norm. This type of decision cannot be reduced only to its linguistic formulation; it is an act of evolvement of the normative regulation of human behavior. Norms are treated as decisions of a normative authority: a specific scientific community is the normative authority in science. These norms form a system and they are absolutely objective in the context of individual scientists. There exists an invariant core in all the norms of rationality, accounting for their not being liable to change, as compared with the flexibility of legal norms. The acceptance of and abidance by these norms is of social importance – it affects the aims of the community. A norm only defines the common framework and principles of scientific problem-solving; its application is a matter of professional skills and creative approach to a particular problem. It is of no importance at all, if an agent’s cognitive abilities do not live up to the requirements of a norm. Such discrepancy can be compensated for by the fact that a scientist carries out work in a conceptual and normative framework established by a respective scientific community. (shrink)

In this paper we provide a formal analysis of the idea of normative co-ordination. We argue that this idea is based on the assumption that agents can achieve flexible co-ordination by conferring normative positions to other agents. These positions include duties, permissions, and powers. In particular, we explain the idea of declarative power, which consists in the capacity of the power-holder of creating normative positions, involving other agents, simply by proclaiming such positions. In addition, we account also (...) for the concepts of representation, namely the representatives capacity of acting in the name of his principal, and of mandate, which is the mandatees duty to act as the mandator has requested. Finally, we show how the framework can be applied to represent the contract-net protocol. Some brief remarks on future research and applications conclude this contribution. (shrink)

The rise of the platform economy in the past two decades (and neoliberal capitalist expansion and crises more in general), have on the whole negatively affected working conditions, leading to growing concerns about the “human side” of organizations. To address these concerns, the purpose of this paper is to apply Axel Honneth’s recognition theory and method of normative reconstruction to working conditions in the platform economy. The paper concludes that the ways in which platform organizations function constitutes a (...) class='Hi'>normative paradox, promising flexibility and autonomy while at the same time creating working conditions that undercut these promises. The paper ends with a critical discussion of Honneth’s approach, possible supplementing ideas and further lines of future research. (shrink)

Weisberg identifies the risks throughout a 2000 year span of western history of overly flexible responses to crises and perceived emergencies. So ensconced is the norm of infinite openness to ideas and changing circumstances that, he argues, his readers need to work hard to be able to resist the tendency of others to fold their tents and betray their own deepest and soundest values when challenged to do so by "new" conditions.

Since its inception in the early 1990s, evidence-based medicine (EBM) has become the dominant epistemic framework for Western medical practice. However, in light of powerful criticisms against EBM, alternatives such as casuistic medicine have been gaining support in both the medical and philosophical community. In the absence of empirical evidence in support of the claim that EBM improves patient outcomes, and in light of considerations that it is unlikely that such evidence will be forthcoming, another standard is needed to assess (...) EBM against its alternatives. In this paper, I propose a set of criteria for this purpose based on Helen Longino's criteria for assessing the objectivity of a knowledge productive community. I then apply these criteria to assess EBM against a casuistic framework for medical knowledge. I argue that EBM's strict adherence to a hierarchical organization of knowledge can reasonably be expected to block it from fulfilling a high level of objectivity. A casuistic framework, on the other hand, because it emphasizes critical evaluation in conjunction with the flexibility of a case-based approach, could be expected to better facilitate a more optimal epistemic community. (shrink)

The threshold view says that a person forms an outright belief P if and only if her credence for P reaches a certain threshold. Using computer simulations, I compare different versions of the threshold view to understand how they perform under time pressure in decision problems. The results illuminate the strengths and weaknesses of the various cognitive strategies in different decision contexts. A threshold view that performs well across diverse contexts is likely to be a cognitively flexible and context-dependent fusion (...) of several of the existing theories. The results of the simulations also cast doubts on the possibility of a threshold view that is both simple enough to streamline our reasoning while also allowing us to form good action-guiding beliefs. (shrink)

This essay brings together some lines of thought contained in Maria Markus’s ‘Lovers and Friends’ (2010) and ‘Decent Society and/or Civil Society?’ (2001), and, on that basis, explores possibilities for thinking about friendship in the context of contemporary social change. I begin by situating current problems concerning the semantics of friendship in their historical trajectory. I then go on to elaborate friendship’s ‘normative flexibility’, that is, its relative immunity to reifying societal pressures. Finally, I reflect upon the connexions (...) between friendship’s normative particularities and Markus’s elaboration of ‘decency’. (shrink)

The paper examines the open problems that experts of space law shall increasingly address over the next few years, according to four different sets of legal issues. Such differentiation sheds light on what is old and what is new with today’s troubles of space law, e.g., the privatization of space, vis-à-vis the challenges that AI raises in this field. Some AI challenges depend on its unique features, e.g., autonomy and opacity, and how they affect pillars of the law, whether on (...) Earth or in space missions. The paper insists on a further class of legal issues that AI systems raise, however, only in outer space. We shall never overlook the constraints of a hazardous and hostile environment, such as on a mission between Mars and the Moon. The aim of this paper is to illustrate what is still mostly unexplored or in its infancy in this kind of research, namely, the fourfold ways in which the uniqueness of AI and that of outer space impact both ethical and legal standards. Such standards shall provide for thresholds of evaluation according to which courts and legislators evaluate the pros and cons of technology. Our claim is that a new generation of sui generis standards of space law, stricter or more flexible standards for AI systems in outer space, down to the “principle of equality” between human standards and robotic standards, will follow as a result of this twofold uniqueness of AI and of outer space. (shrink)

Andrea Westlund's account of love involves lovers becoming a Plural Subject mirroring Margaret Gilbert's Plural Subject Theory. However, while for Gilbert the creation of a plural will involves individuals jointly committing to pool their wills and the plural will directly normatively constraining those individuals, Westlund, in contrast, sees the creation of a plural will as a continual process thus rejecting the possibility of such direct normative constraint. This rejection appears to be required to explain the flexibility that allows (...) for a central place for reciprocity in loving relationships. However, this paper argues against the existence of such flexibility and presents instead the case that variance in the normative pain of rebelling against the collective will can be accommodated by replacing Gilbert's notion of all-or-nothing pooling of wills with an account that see wills as becoming entangled through levels of identification with the plural subject. (shrink)

Human morality is composed of three elements: prosocial behaviour, a normative imperative, and the tendency to adjust the boundaries of the social network to which these apply in a flexible, self-interested fashion. A credible case for human uniqueness can be made for the last element only. Because defining social boundaries can be done rationally , the intersection of this tactical approach with the psychological bases underlying the first two elements can help resolve the conflict between emotion and Kant cited (...) by Flack and de Waal. They make a solid case for prosociality, though their discussion of reciprocal sharing has some problems. The perspectives of Boehm and of Sober and Wilson are needed to understand our boundary-adjusting . A satisfying theory of morality's evolution should integrate, not distinguish amongst, the three elements. (shrink)

What is it to be a better ape? This is the question Victor Kumar and Richmond Campbell ask in their book on the evolution of the moral mind, an ambitious story that starts with the common ancestor of the modern apes—humans, chimpanzees, bonobos, gorillas, and orangutans. Of all of us, it’s the humans who remain in the running for being a better ape, because we’re the ones who have all the necessary ingredients: the binding emotions of sympathy and loyalty which (...) we share with our nonhuman cousins, but also the collaborative emotions of trust and respect and the reactive emotions of guilt and resentment. Importantly, only humans are thought to have norms, and to be biologically prepared to learn norms. For Kumar and Campbell, the co-evolution of emotions and norms is what set humans on this path so we can become a better ape. -/- The story they tell is artfully woven from major theories in psychology and anthropology, and those of us who have pre-existing opinions about these theories have points where we can quibble regarding the nature of the emotions–whether only humans imitate, what norms of fairness amount to, or whether any other species are generalists who can survive in a wide range of habitats. Rather than focusing on these, I want to turn to an exciting hypothesis Kumar and Campbell propose about the evolution and function of norms. While it is most common to think that norms helped our ancestors solve the collective action problems that emerged when larger groups of individuals started living together, Kumar and Campbell suggest a different, though complementary, function for norms. They propose that norms provide a more precise and flexible means for coordinating behavior in quickly changing societies. On their view, it isn’t the size of community that is the most significant variable, but rather the speed at which culture evolves. -/- That norms are a human universal is indubitable. Our contemporary human societies are rife with rules constraining our behaviors, governing aspects of our lives from birth to death, prescribing practices about what to wear, how to work, what to eat, when and how to sleep as well as rules about rare practices that are proscribed. However, Kumar and Campbell also presume that norms are human unique. Here I have more than a quibble, given the burgeoning empirical and theoretical literature on the question of animal normativity (Andrews 2020; Danón 2019; Fitzpatrick 2020; de Waal 2014; von Rohr et al. 2011; Rohr et al. 2015; Whiten et al. 2005; Westra et al., in prep)... (shrink)

This paper investigates a series of normative principles that are used to justify different aspects of executive compensation within business firms, as well as the remuneration of lower-ranking employees. We look at how businesses perform pay benchmarking; employees’ engagement, fidelity and loyalty ; and the acceptability of what we call both-ends-dipping, that is, receiving both ex ante and ex post benefits for the same work. We make two observations. First, either different or incoherent principles are used to justify the (...) pay of executives compared to employees, or the same principles are applied differently. Second, these differences or inconsistencies tend to be to the benefit of executives and/or to the detriment of employees. We conclude by asking whether there is any reason for thinking differently about executive pay than we do about employee pay. Our analysis leads us to question the principles justifying current executive compensation and to wonder if these principles are potentially being instrumentalized to serve other ends. (shrink)

In this paper, we discuss the problem of the relationship between legal concepts and legal norms. We argue that one of the widespread theories of legal concepts, which we call ‘the embedding theory’, is false. The theory is based on the assumption that legal norms are central for any legal system and that each legal norm establishes an inferential link between a certain class of facts and a certain class of legal consequences. Alf Ross’s embedding theory was presented in his (...) famous paper “Tu–Tu”. According to Ross, the sole function of legal concepts is to simplify normative information. Hence, the use of legal concepts may be a matter of convenience, rather than necessity. We criticize this approach mainly by pointing to the existence of so-called second order substantive concepts, which are not reducible to any determined set of conditional sentences (inferential links). In short, second order substantive concepts play the role of general standards, and general standards are used to provide flexibility for a particular legal system. In addition, general standards are ‘value loaded’, since they serve as a frame of reference for judges applying law to particular cases. To understand such general standards as a predefined set of conditionals means to overlook their ‘open’ content, and thus their function. In our opinion, the acceptance of the embedding theory means to misinterpret the function of general standards. We also argue that Giovani Sartor’s idea of defective legal concepts doesn’t help to clarify or defend the embedding theory. (shrink)

Should emotions play a role in our decisions, even if they are "just feelings" and not necessarily "imbued with reason" or cognitively penetrated? The author shows that such basic feelings as aversion and attraction can be important normative guides by disrupting engrained habits and beliefs, enabling us to reconsider our ways, which is important due to the ever-changing nature of ethical demands on us. Therefore, these feelings should guide our decisions, even if they are not cognitive. This book fi (...) lls a gap in the philosophy of emotions, ethics, and virtue epistemology. (shrink)

This article integrates research on gendered organizations and the work-family interface to investigate an innovative workplace initiative, the Results-Only Work Environment, implemented in the corporate headquarters of Best Buy, Inc. While flexible work policies common in other organizations “accommodate” individuals, this initiative attempts a broader and deeper critique of the organizational culture. We address two research questions: How does this initiative attempt to change the masculinized ideal worker norm? And what do women’s and men’s responses reveal about the persistent ways (...) that gender structures work and family life? Data demonstrate the ideal worker norm is pervasive and powerful, even as employees begin critically examining expectations regarding work time that have historically privileged men. Employees’ responses to ROWE are also gendered. Women are more enthusiastic, while men are more cautious. Ambivalence about and resistance to change is expressed in different ways depending on gender and occupational status. (shrink)

According to a prominent account, the central normative commitments of socialism are a luck egalitarian principle of equality and a principle of community or solidarity. The model has a number of attractions. However, it appears to be vulnerable to a series of objections that have been pressed against luck egalitarian accounts of the concept of exploitation. In this paper I argue that, despite some overlooked flexibility, the exploitation objection represents a serious challenge to this model and provides a (...) good reason to explore alternative accounts of socialism’s normative grounds. (shrink)

Humans are predisposed to form in-groups and out-groups that are remarkably flexible in their definition due largely to the complex language that has evolved in them. Language has allowed for the creation of shared “background stories” that can unite people who do not know each other. Second, the discovery of agriculture has resulted in the critical need to negotiate boundaries, a process that can lead to peace (but also war).

Social norms are an important input for ethical decisions in any business context. However, the cross-cultural discovery of extant social norms presents a special challenge to international management because norms may be inscrutable to outsiders. This article considers the contribution of Integrative Social Contracts Theory (ISCT) to the analysis of social norms in business ethics. It questions the origins and dynamics of norms from a sociological perspective, and identifies a tension between prescriptive efforts to make norms obligatory and positivist accounts (...) that describe norms as evolving and unstable. In the presence of dynamic and incomplete norms, managers can either deliberate with stakeholders to make norms flexible or codify norms to make them rigid. This essay argues that deliberation is the only reliable method for anticipating emergent norms. (shrink)

Drawing on contemporary agency theory and the phenomenological-existential tradition, this paper uses Mr. Stevens, the narrator-butler of Kazuo Ishiguro’s The Remains of the Day, to examine the interplay and potential tensions between different aspects (and thus different standards) of human agency. Highlighting the problem of mission creep described by John Martin Fischer, in which a notion expands beyond the original purpose, I use Stevens’s thoughts on dignity to outline three different ways actions can (or can fail to) trace back to (...) agents—autonomy as self-control, authenticity as sincerity, and authenticity as ownership. I then propose that the way Stevens embraces and acts consistently within his subservient professional role (autonomy as self-control) weakens his ability to take responsibility for his life in the sense required by authenticity as ownership. Because the self-responsibility of authenticity requires normative flexibility (the ability to revise and reshape one’s commitments and values), when normatively inflexible agents act in self-controlled ways according to their roles or welfare standards, they may limit their ability to take responsibility for their lives. In addition to illuminating debates about whether robust human agency is compatible with subservience, the normative flexibility involved in authenticity has implications for human agency more broadly. (shrink)

Contemporary "flexible capitalism" requires novel forms of legal regulation. In this vein, Joshua Cohen, Michael Dorf, Archon Fung, and Charles Sabel have developed a provocative set of proposals for a new mode of regulatory law, what they describe as "democratic experimentalism" or, alternately, "directly deliberative polyarchy." Their proposal are criticized: they not only fail to take traditional liberal democratic rule of law virtues seriously enough, but it remains unclear whether they can effectively tame and humanize capitalism. Instead, some evidence suggests (...) that their proposals simply amount to a normatively problematic synchronization of the legal system with contemporary high-speed capitalism. (shrink)

The argument from retraction (the speech act of “taking back” a previous speech act) has been one of the favorite arguments used by relativists about a variety of natural language expressions (predicates of taste, epistemic modals, moral and aesthetic claims etc.) in support of their view. The main consideration offered is that relativism can, while rival views cannot, account for this phenomenon. For some of those leading the charge, retraction is, in fact, mandatory: a norm of retraction makes it obligatory (...) for an agent to retract a previously unretracted assertion whenever what has been asserted is shown to be currently false. This norm, it is contended, distinguishes (radical) relativism from other views on the market. Recently, several considerations—both from the armchair and based on empirical studies—have been offered to undercut the support retraction has been taken to provide for relativism. In this paper, I engage with both types of considerations and lay out two strategies the radical relativist can follow: weakening the force of the retraction norm and restricting it to certain conditions. I explore how much of the recalcitrant data can be accounted for by each strategy, and show that the best route for the relativist is to adopt a flexible version of the view. Finally, I address the objection from ad-hocness in relation to the flexibility envisaged and put forward a principle based on the notion of the importance of the context of the assertor in a given context of assessment that underlies flexibility. (shrink)

Normative moral theories are frequently invoked to serve one of two distinct purposes: (1) explicate a criterion of rightness, or (2) provide an ethical decision-making procedure. Although a criterion of rightness provides a valuable theoretical ideal, proposed criteria rarely can be (nor are they intended to be) directly translated into a feasible decision-making procedure. This paper applies the computational framework of bounded rationality to moral decision-making to ask: how ought a bounded human agent make ethical decisions? We suggest agents (...) ought to follow moral maxims: principles that approximate rightness in many situations, but that can be overridden in specific, precisely describable circumstances. While this intuitive idea has been proposed many times before, we provide a precise model of how maxim consequentialism functions as an approximation to an act-consequentialist criterion of rightness, while maintaining the flexibility and defeasibility that has eluded most forms of rule consequentialism. Furthermore, while our overarching aim is to propose a new normative standard of moral decision-making, we demonstrate how maxim consequentialism can also function as a descriptive account of human behavior. We conclude by noting that different criteria of rightness may lead to different maxim-based ethics. (shrink)

Prominent theories in moral psychology maintain that a core aspect of moral competence is the ability to distinguish moral norms, which derive from universal principles of justice and fairness, from conventional norms, which are contingent on a specific group consensus. The present study investigated the psychological bases of the moral-conventional distinction by manipulating the framing of the test question, the authority’s license, and the historical context. Participants evaluated moral and conventional transgressions by answering an ‘okay for you’ test question (i.e., (...) judging according to their opinion) or an ‘okay in context’ test question (i.e., judging by imagining being a contemporary of the story protagonist). In evaluating moral transgressions that happened in a distant context or with the authority’s license, most of the participants condemned the violations when responding to the ‘okay for you’ test question, but did not do so when responding to the ‘okay in context’ test question. A similar effect of the question framing was found also on scenarios presenting conventional violations suggesting that subtle changes in the framing of the test question can influence people’s evaluations of both moral and conventional prototypical transgressions. We propose that these effects indicate the presence of moral and conventional construals of social actions that are highly flexible and context-sensitive. (shrink)

The European Union (EU) has developed a vast body of environmental law, relying on a treaty title setting out normatively and descriptively complex environmental principles and approaches, as well as on those parts of the treaties focusing on the internal market. This chapter provides some introductory insights into EU environmental law. It explores that the Industrial Emissions Directive (IED) shows the potential of an approach to governance that sets environmental norms in a collaborative, problem‐solving forum beyond the face of legislation. (...) The chapter shows harmonization is not a straightforward category in EU environmental law. Much was made of the decentralization and local or national flexibility in the predecessor to the IED. By comparison, the IED places greater emphasis on the mandatory application of EU‐wide environmental standards. However, both the initial decentralization and the recentralization are highly ambiguous. (shrink)

Norm and Nature: The Movements of Legal Thought, by Roger Shiner, is an intricate book with the perhaps surprising thesis that the outstanding problem in legal philosophy, the conflict between positivism and natural law, is irresolvable. The controversy is doomed to a never-ending cycle because “sophisticated positivism follows from positivism's difficulties with simple positivism … anti-positivism follows from sophisticated positivism's difficulties with simple positivism; [and] simple positivism follows from positivism's difficulties with anti-positivism”. For legal theory, then, an understanding of law (...) is simply an understanding of why legal theory is thus “condemned to endless dialectic”. And the reason is found in the nature of law itself and the perennial tension between, on the one hand, certainty and procedure and, on the other, flexibility and substance. (shrink)

This article discusses the view that bioethics should become ‘‘culturally sensitive’’ and give more weight to various cultural traditions and their respective moral beliefs. It is argued that this view is implausible for the following three reasons: it renders the disciplinary boundaries of bioethics too flexible and inconsistent with metaphysical commitments of Western biomedical sciences, it is normatively useless because it approaches cultural phenomena in a predominantly descriptive and selective way, and it tends to justify certain types of discrimination.

Nursing programs are complex systems that articulate values of relationality and holism, while developing curriculums that privilege metric‐driven competency‐based pedagogies. This study used an interpretive approach to analyze interviews from 20 nursing students at two Canadian Baccalaureate programs to understand how nursing's educational context, including its hidden curriculums, impacted student writing activities. We viewed this qualitative data through the lens of activity theory. Students spoke about navigating a rigid writing context. This resulted in a hyper‐focus on “figuring out” the teacher (...) with minimal focus on the act of writing. Students used a form of behavioral “code‐switching” to maximize their grade while considering how their “valuing” of the assignment fit within their writing motives. Hidden curriculum messages taught students that academic success was assured whether their writing mirrored instructor preferences. Instructional practices of rigidity reinforced unequal social conditions for some minority students. Faculty can counteract the impact of the hidden curriculum through encouragement of choice and independent thinking about writing activities. Acknowledging power relationships and their influence on how students navigate writing assignments and nursing discourse may relieve pressures on students who fear penalties for countering norms and result in a more flexible learning environment. (shrink)

A normatively appropriate response to the exploitation of sweatshop labor in developing countries should center on labor rights. Satisfactorily secured labor rights will help workers to craft adequate compensation packages and workplace standards that keep them safe while allowing them to compete effectively in the global marketplace. Labor rights provide a more flexible and economically reasonable alternative to trade barriers as sources of protection for workers.

Diverse cultural norms governing economic behavior might emerge from a dynamic interaction of universal but flexible predispositions that get calibrated to biologically meaningful features of the local social and physical ecology. This impressive cross-cultural effort could better elucidate such gene-culture interactions by incorporating theory-driven experimental manipulations (e.g., comparing kin and non-kin exchanges), as well as analyses of mediating cognitive processes.