This paper focuses on independent training providers (ITPs) – in other words, private companies – as suppliers of vocational education and training in post-war England. Whilst acknowledging the central role of further education (FE) colleges in delivering vocational learning, it draws attention to a large, diverse sector of ITPs operating alongside FE colleges, particularly during the 1960s and 1970s. Data suggest that around 15–20% of vocational learners were enrolled as fee-paying customers with private providers at that (...) time – a figure broadly similar to today. There are, it is argued, three related reasons for this. First, the post-war policy environment, and the varied and uneven nature of colleges at that time, allowed significant room for ITPs to operate as alternative providers of vocational education. Second, the far-reaching ‘efficiency’ gains required since FE colleges left local authority control have largely attenuated the space in which ITPs previously operated. Third, neoliberal assumptions about the superiority of private enterprise mean that ITPs now receive significant funding from the state, largely to deliver Apprenticeships and other programmes of work-related learning – which has, somewhat perversely, reduced the incentive for them to act as bone fide commercial providers of a broader range of vocational learning. (shrink)

The spinal cord provides an alternative model for nerve tissue grafting experiments. Anatomo-functional correlations are easier to make here than in any other region of the CNS because of a direct implication of spinal cord neurons in sensorimotor activities. Lesions can be easily performed to isolate spinal cord neurons from descending inputs. The anatomy of descending monoaminergic systems is well defined and these systems offer a favourable paradigm for lesion-graft experiments.

Genetic testing technologies are rapidly moving from the research laboratory to the market place. Very little scholarship considers the implications of private genetic testing for a public health care system such as Canada’s. It is critical to consider how and if these tests should be marketed to, and purchased by, the public. It is also imperative to evaluate the extent to which genetic tests are or should be included in Canada’s public health care system, and the impact of allowing (...) a two-tiered system for genetic testing. A series of threshold tests are presented as ways of clarifying whether a genetic test is morally appropriate, effective and safe, efficient and appropriate for public funding and whether private purchase poses special problems and requires further regulation. These thresholds also identify the research questions around which professional, public and policy debate must be sustained: What is a morally acceptable goal for genetic services? What are the appropriate benefits? What are the risks? When is it acceptable that services are not funded under health care? And how can the harms of private access be managed? (shrink)

Descartes’s very brief explanations of human responsibility for sin and divine innocence of sin include references to the idea that evil is a privation rather than a real thing. It is not obvious, though, that privation fits naturally in Descartes’s reductionistic metaphysics, nor is it clear precisely what role his privation doctrine plays in his theodicy. These issues are made clear by contrasting Descartes’s use of privations with that of Suarez, particularly in light of reoccurring objections to privation theory. These (...) objections have no weight against Suarez’s use of privations, but Descartes’s mentions of privation are so few that it is not clear how his account avoids their consequences. Descartes’s brevity seems to have motivated some of his followers to develop creative accounts of the way in which privation fits in a Cartesian system. Pierre-Sylvain Régis accomplishes this task by reintroducing material causation. Régis holds that moral evil has no efficient cause since an efficient cause can only produce something real. Because he holds that moral evil can have a material cause, he is able to affirm that the soul is morally responsible for sin. In Régis’s case, accommodating this theological issue meant reincorporating Aristotelian resources into his Cartesian system. (shrink)

Chiara Cordelli’s The Privatized State offers a powerful critique of privatization and an inspiring vision of the kind of democratic governance that could secure citizens’ equal freedom. This essay raises questions about how Cordelli’s arguments apply in non-ideal theory. It asks whether her arguments about the illegitimacy of privatization provide us with adequate reasons to reject ongoing processes of privatization. It also queries some of her recommendations for how philanthropy should be practiced by individuals and incentivized by the state.

The dominance of agency theory can reduce our collective scope to analyse private equity in all its diversity and depth. We contribute to theorisation of private equity by developing a contrasting perspective that draws on a rich tradition of virtue ethics. In doing so, we juxtapose 'private equity' with 'public good' to develop points of rhetorical and analytical contrast. We develop a typology differentiating various forms of private equity, and focus on the 'take private' form. (...) These takeovers are where private equity funds are used to buy all a firm's publicly listed shares. Take private deals reduce reporting requirements and lessen the amount of public scrutiny a firm comes under. They allow greater control of a firm's assets and resources but also have effects in terms of the wider social fabric. The 'public good' and virtue ethics offer an alternative basis for theorisation of these deals. This provides a needed contrast to accounts of private equity based on agency theory. (shrink)

Codes of conduct are the main tools to privately regulate worker rights in global value chains. Scholars have shown that while codes may improve outcome standards (such as occupational health and safety), they have had limited impact on process rights (such as freedom of association and collective bargaining). Scholars have, though, only provided vague or general explanations for this empirical finding. We address this shortcoming by providing a holistic and detailed explanation, and argue that codes, in their current form, have (...) limited impact on trade union rights due to (i) buyers paying lip service to trade union rights, (ii) workers being treated as passive objects of regulation in codes of conduct, (iii) auditing being unable to detect and remediate violations of trade union rights, (iv) codes emphasizing parallel means of organizing, (v) suppliers having limited incentives for compliance, and (vi) codes being unable to open up space for union organizing when leveraged in grassroots struggles. Our arguments suggest that there is no quick fix for codes’ limited impact on trade union rights, and that codes, in their current form, have limited potential to improve trade union rights. We conclude by discussing ways in which codes of conduct, and private regulation of worker rights more generally, could be transformed to more effectively address trade union rights. (shrink)

The use of private military force by states has been a long-standing phenomena in the history of warfare. Armies of mercenaries, privateering and recruitment of foreign nationals into armed forces have been common during the Middle Ages and later on. However, with the invention of effective firearms and artillery, standing regular armies, conscription and other developments that resulted in the essential rise of costs of war, the role of private military entrepreneurs diminished. By the end of XIXth century (...) the state became almost the only subject that was able to wage a full-scale war. Nevertheless, already in the middle of the XXth century mercenarism has been reborn in Africa’s colonial and post-colonial wars. The end of the XXth century and the beginning of the XXI century witnesses an enormous rise of private security and military companies (PSMC) that are hired to perform different functions related to use of force not only by states, but also by other clients such as international organisations, transnational corporations, etc. A PSMC may be defined as a profit-seeking private enterprise, which is established according to the national law of the state and which is providing, on the basis of a contract, services directly or indirectly connected with the use of military force or its institutions whether in time of armed conflict or peace, notwithstanding how such company describes itself. International humanitarian law has no specific regulation of PSMC. Nevertheless, it would be erroneous to state that the activity of PSMC is not regulated, because international humanitarian law in any case, in one or another way, is applicable to the personnel of PSMC if it is engaged in armed conflict of either international or non-international character. (shrink)

Public-private partnerships are established to specifically harness the potential of Big Data in healthcare and can include partners working across the data chain—producing health data, analysing data, using research results or creating value from data. This domain paper will illustrate the challenges that arise when partners from the public and private sector collaborate to share, analyse and use biomedical Big Data. We discuss three specific challenges for PPPs: working within the social licence, public antipathy to the commercialisation of (...) public sector health data, and questions of ownership, both of the data and any resulting intellectual property or products. As a specific example we consider the case of the UK National Health Service providing patient data to Google’s DeepMind AI program to develop a diagnostic app for kidney disease. This article is an application of the framework presented in this issue of ABR. Please refer to that article for more information on how this framework is to be used, including a full explanation of the key values involved and the balancing approach used in the case study at the end. We use four specific values to help analysis these issues: public benefit, stewardship, transparency and engagement. We demonstrate how the Deliberative Framework can support ethical governance of PPPs involving biomedical big data. (shrink)

Private associations abounded in the ancient Greek world and beyond, and this volume provides the first large-scale study of the strategies of governance which they employed. Emphasis is placed on the values fostered by the regulations of associations, the complexities of the private-public divide and the dynamics of regional and global networks and group identity. The attested links between rules and religious sanctions also illuminate the relationship between legal history and religion. Moreover, possible links between ancient associations and (...) the early Christian churches will prove particularly valuable for scholars of the New Testament. The book concludes by using the regulations of associations to explore a novel and revealing aspect of the interaction between the Mediterranean world, India and China. (shrink)

We provide a logical analysis of private international law, a rather esoteric, but increasingly important, domain of the law. Private international law addresses overlaps and conflicts between legal systems by distributing cases between the authorities of such systems (jurisdiction) and establishing what rules these authorities have to apply to each case (choice of law). A formal model of the resulting interactions between legal systems is proposed based on modular argumentation. It is argued that this model may also be (...) useful for governing the interactions between heterogeneous agents, belonging to different and differently regulated virtual societies, without recourse to a central regulatory agency. The model also provides for multiple interpretations concerning rules of private international law as well as substantive rules of the different legal systems. (shrink)

The impending missions to exploit natural resources of celestial bodies may at some point start interfering with the scientific interests, including those of astrobiology, in these bodies. While the legal status of celestial bodies at the highest level is clear, uncertainty has arisen as to the extent private property rights over such objects or over their resources are legally acceptable, legally impossible, or potentially legal. This also provides for a considerable amount of uncertainty regarding how the legal framework could (...) or may need to be changed to accommodate private interests. The article analyzes the two main international treaties relevant from this perspective, as well as their backgrounds, in order to outline the current legal status of celestial bodies and the resulting legal rights and obligations pertinent to both private exploitation and exploration. Based on such an analysis, it concludes by highlighting an approach that could actually incentivize the private sector and the science community to work together in a manner conducive to their interests in exploitation and exploration respectively. (shrink)

Can the right to private property be claimed as one of the `rights of mankind'? This is the central question of this comprehensive and critical examination of the subject of private property. Jeremy Waldron contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. He provides a detailed discussion of the theories of property found in Locke's Second Treatise and Hegel's Philosophy of Right to illustrate this (...) contrast. The book contains original analyses of the concept of ownership, the ideas of rights, and the relation between property and equality. The author's overriding determination throughout is to follow through the arguments and values used to justify private ownership. He finds that the traditional arguments about property yield some surprisingly radical conclusions. (shrink)

The impending missions to exploit natural resources of celestial bodies may at some point start interfering with the scientific interests, including those of astrobiology, in these bodies. While the legal status of celestial bodies at the highest level is clear, uncertainty has arisen as to the extent private property rights over such objects or over their resources are legally acceptable, legally impossible, or potentially legal. This also provides for a considerable amount of uncertainty regarding how the legal framework could (...) or may need to be changed to accommodate private interests. The article analyzes the two main international treaties relevant from this perspective, as well as their backgrounds, in order to outline the current legal status of celestial bodies and the resulting legal rights and obligations pertinent to both private exploitation and exploration. Based on such an analysis, it concludes by highlighting an approach that could actually incentivize the private sector and the science community to work together in a manner conducive to their interests in exploitation and exploration respectively. (shrink)

The book Private Management and Public Policy by Lee E. Preston and James E. Post has had a major impact on the business and society field. The authors introduced the concept of public policy into the field as an alternative way of thinking about social issues that was different from the concept of social responsibility that was so popular in the early years of the field. The concept of interpenetrating systems theory they developed attempted to provide theoretical support for (...) business's involvement in public policy and to deal with the problem of atomic individualism that has only recently been recognized. The field is indebted to the authors for developing the broad outlines of an alternative theory of the firm in society that offers the possibility of overcoming traditional dichotomies that have plagued the field since its inception. (shrink)

Wealthy philanthropic individuals operating within private law have been largely absent from the historical justice narrative of states in transition and, consequently, from normative discussion regarding the justification of their actions under the auspices of the market. This Article seeks to fill this void by examining the “private” historical justice of Jewish state-building prior to the establishment of Israel. Specifically, it focuses on the legal history of Baron Edmond de Rothschild’s settlement project during the Ottoman and Mandate periods (...) and investigates the project’s normative implications. The Baron was a fundamental actor in the design of the Palestinian/israeli space, as he supported existing Jewish settlements and established new ones. He also built several public institutions that continue to exist to date. I argue that the Baron’s settlement project needs to be addressed from a multidimensional aspect with regard to different groups that were affected by it. On the one hand, his settlement project was just towards the Jewish settlement because it provided a shelter for Jewish immigrants who fled Europe, and it realized the Jews’ right of self-determination. On the other hand, his project resulted in the coercive displacement of an underprivileged local Arab population called the fellaheen and unjustly infringed on their territorial rights. (shrink)

The purpose of this article is to analyse the main provisions of the European private company not limited by the provisions as presented by the European Commission in its Proposal for a Council Regulation on the statute for European private company, but also including amendments introduced by the European Parliament and taking into account the negotiations in the Council of the European Union. This article analyses the development of the European private company and explains why such legal (...) form of a company is needed. It provides the analysis of the main provisions of the proposal for the Regulation, the assessment of advantages and drawbacks of the alternatives introduced by the European Parliament and considered in the Council of the European Union, evaluation of the response of these provisions to the specific needs of small and medium-sized enterprises. The article also presents conclusions and suggestions for the improvement of the legal provisions. (shrink)

The idea that private ownership implies that owners are free to do with their things whatever they want is shown to be mistaken. It is argued that private, public and common ownership are all based on the right to alienate a thing, regardless of the number of owners. Social or legal norms can make the ownership of a thing conditional on the participation in government or on group membership. In the former case, the norms establish public ownership, in (...) the latter case common ownership. If things are owned and these norms do not apply, they are privately owned. Local social circumstances determine to some extent what form of ownership generates the highest benefits to owners, social and legal norms provide incentives which encourage or discourage the choice of the efficient form of ownership. (shrink)

Contemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law's theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. Marc Loth explores the central notion that private law is a multi-layered system which can (...) only be fully apprehended in context. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law. Chapters examine the concept, history, language, values, methods and discipline of private law, as well as legal professionalism and the expertise of the private lawyer. Private Law in Context will be a key resource for scholars and postgraduate students interested in legal theory, legal philosophy, law and society and the nature of private law as a system and a practice. (shrink)

In the French presidential election, both candidates tried to keep their domestic life separate from their campaign. Ségolène Royal is not married to François Hollande, the father of her four children. When asked whether they were a couple, Royal replied, “Our lives belong to us.” Similarly, in response to rumors that President-elect Nicholas Sarkozy’s wife had left him, a spokesman for Sarkozy said, “That’s a private matter.” The French have a long tradition of respecting the privacy of their politicians’ (...) personal lives, and French public opinion is more broad-minded than in the United States, where an unwed mother of four would have no chance of being nominated for the presidency by a major party. Indeed, last month, Randall Tobias, the top foreign aid adviser in the US State Department, resigned after acknowledging that he had used an escort service described as providing “high-end erotic fantasy” – although Tobias said he only had a massage. (shrink)

Abstract The institution of war is the broad framework of rules, norms, and organizations dedicated to the prevention, prosecution, and resolution of violent conflict between political entities. Important parts of that institution consist of the accountability arrangements that hold between armed forces, the political leaders who oversee and direct the use of those forces, and the people in whose name the leaders act and from whose ranks the members of the armed forces are drawn. Like other parts of the institution, (...) these arrangements are responsive to changes in military technology and needs, to geopolitical facts, and to moral and political norms. In particular, they are sensitive to the forms that military organization takes. Since the emergence of modern states in Europe some 500 years ago, there have been three main such forms: private providers?in the form of mercenaries, in early modern Europe?then professional standing armies, which in turn developed into citizen armies. Although elements of the three organizations have coexisted in many armies, the citizen army model has dominated until recently. That model brought with it a particular conception of the accountability relations between the army, the state, and the people. The state had authority over and directed the army, which was accountable to it. In turn the state was accountable for its use of the army to the people, on whose behalf it acted. The dominance of state authority over the military is now under strain, with the professional and private elements?in the form of private military and security companies (PMSCs)?having increasing importance. As those elements increase in power and presence, so it becomes more difficult to make the state accountable to the people for its use of the military, and more difficult for the people to act as a restraining force on the way in which the military used. In this essay, I outline and assess these developments?with particular emphasis on the emergence of PMSCs?in the light of a liberal view of (political) violence. The essay focuses on the situation in the United States, which possesses by far the most important military force in the world today, and in which the use of PMSCs is most developed. The paper has three main sections and a brief conclusion: the first section sketches the liberal view of violence and its implications for organizations dedicated to its use; the second outlines the salient characteristics of the three historically dominant forms of armies; and the third looks at the current situation in which the three forms coexist uneasily. (shrink)

In an effort to create a mechanism for addressing a critical need of providing medicines for economically developing countries, the Chiron Corporation and the Global Alliance for TB Drug Development have entered into an innovative public-private partnership. In the following interview, Craig Wheeler discusses the origins and nature of this agreement that could set a pattern for how corporations and nonprofit organizations can work together in drug development.

Must the state handle the adjudication of disputes? Researchers of different perspectives, from heterodox scholars of law who advocate legal pluralism to libertarian economists who advocate the privatization of law, have increasingly questioned the idea that the state is, or should be, the only source of law. Both groups point out that government law has problems and that non-state alternatives exist. This Article discusses some problems with the public judicial system and several for-profit alternatives. Public courts lack both incentives to (...) embrace customer orientation and pricing mechanisms, plus they face problems associated with the bureaucratic provision of services. When parties are able to choose their tribunals, in contrast, those tribunals must provide service to customers and be mindful about conserving resources. Competition between arbitrators also can allow for experimentation and the provision of customized services rather than a centrally planned, one-size-fits-all system. Contracts with arbitration clauses can easily stipulate the choice of tribunal, and we argue that if government courts simply refused to overrule binding arbitration agreements, de facto privatization could easily take place. This Article discusses how the private adjudication of disputes could enable the market to internalize externalities and provide services that customers desire. (shrink)

This paper focuses on private residential green space as a site of contested meanings. Recent research points to the emergence of an activism centered on ecological restoration and a shift away from the lawn as the only accepted landscape practice for private green space. However, it is clear that the lawn, a particularly powerful cultural landscape form in residential neighborhoods, still largely dominates this space across North America. This investigation examines the voices of two groups: traditional lawn owners (...) and ecological activists. We observe two sets of discourses centered on private green space. Both groups construct residential green space as a site of identity politics-a site wherein the self is defined as pure and the other excluded as different and necessarily inferior. And both perceive their discourse as ''natural.'' The critical finding is that they are almost entirely oppositional discourses. The contest over what constitutes appropriate landscaping practices for this space provides a locus for bringing to a discursive level, the kinds of socio-cultural perspectives and practices that create and dominate our places in late capitalist society. We suggest that at present the lawn remains a barrier to alternative green space practices. (shrink)

Public debates about abortion emphasize choice. Privately, when people face that decision, how much choice do they feel they have?We are part of a team who provide abortions at the oldest public ho...

BackgroundTo prevent the planet from catastrophic global warming a reduction of greenhouse gas emissions to net zero is required. Thus, divestment from fossil fuels must be a strategic interest for health insurers. The aim of this study was to analyse the implementation of environmental, social and governance criteria in German private health insurers’ investments.MethodsIn 2019 a survey about ESG strategies was sent to German private health insurance companies. The survey evaluated investment strategies and thresholds for the exclusion of (...) sectors and business practices, as well as company strategies for sustainable business development.FindingsGiven their business reports, German private health insurers manage assets of more than €350 billion. 11 of 40 insurance companies provided quantitative data, 10 refused to answer. According to quantitative data, €66 billion of assets is managed according to any ESG criteria; this equals an average of 76% of each company’s bonds. None of these insurers excluded the production and sale of fossil fuels. All excluded coal mining but only at high thresholds. For €226 billion, no data were provided.InterpretationThe findings are in contrast to the expected intrinsic economic interest of the insurers to stop global warming and improve public health. The majority of assets are managed in a highly problematic manner, especially the absence of capital allocated in fields contrary to medical ethics cannot be presumed. Lack of transparency is a major problem that limits clients in choosing the insurer who has the most advanced ESG criteria. (shrink)

Toronto physician Brian Goldman had thought about “joining the camp that favours private health care for Canada.” Writing in the Canadian Medical Association Journal, he tells us that he changed his mind after one of his cats experienced a series of illnesses and misadventures that resulted in a Can$3,101 medical bill. “I’m just glad,” he says, “that the cost of health care never entered my deliberations.”’Canadian citizens and permanent residents are similarly free from most worries about the direct costs (...) of their own medical care, and have been for more than a generation. This reflects a fundamental difference between the Canadian and United States contexts for health policy. Since the failure of President Clinton's first-term efforts to provide something approximating universal health insurance, reforms to the existing regime of providing and financing health care in the United States have been incremental, and primarily responsive to the changing nature of the health care marketplace. In Canada, universal publicly funded first-dollar coverage for most physicians’ and hospitals’ services has been a reality since the early 1970s. (shrink)

At present, the task of enforcing UK competition law lies almost exclusively with a public regulator. One of the aims of the Competition Bill which is currently before Parliament is to enable private litigants to seek redress through the courts for harm caused by unlawful anti-competitive conduct. This article considers the appropriate role of private actions in the enforcement of competition law. It is argued that private actions are of both instrumental and intrinsic value: not only can (...) private actions act as a deterrent against harmful behaviour, but they also enable those harmed by unlawful anti-competitive conduct to seek compensation for injury from the perpetrator. But private enforcement suffers from several shortcomings which are not shared by public enforcement. Accordingly, it is argued that although there is a strong case for ‘privatizing competition regulation’, private enforcement should be used to supplement, rather than supplant, public enforcement. This article also explores the problems within a regulatory scheme which combines both private and public enforcement, drawing on the experience of other jurisdictions to shed light on how such ‘aggregation problems’ might best be resolved. Finally, UK competition regulation is examined from an enforcement perspective. It is argued that the UK Competition Bill has the potential to provide a significantly more effective and efficient scheme of regulation. Whether or not this potential is realized will depend on a number of factors, particularly the ability of UK courts to interpret the legislative prohibitions in a coherent, predictable, and transparent manner which is consistent with the economic theory upon which competition regulation is based. (shrink)

This essay offers a standard by which to assess the feasibility of market anarchism. In anarchist thought, the concept of feasibility concerns both the ability and the willingness of private defense agencies to liberate their clients from state oppression. I argue that the emergence of a single stateless pocket of effective, privately-provided defense for a “reasonable” length of time is sufficient to affirm feasibility. I then consider the failure of private defense agencies to achieve even this standard. Furthermore, (...) I identify five possible explanations for the conspicuous absence of private defense agencies. These explanations are entrepreneurial, technological, or economic in nature, or result from a lack of consumer demand or a lack of incentive for violence specialists to refrain from aggression. Of these, only an economic deficiency renders anarchism intrinsically unworkable. (shrink)

This study examines whether private information exchange between institutional investors and public companies in engagement dialogs on sustainability issues improves the publicly disclosed measurements of the target company’s financial and non-financial performance and transparency. It uses a unique dataset containing 326 private reports related to environmental, social, and anti-corruption recommendations to address material incidents among publicly traded MSCI World Index portfolio companies of Nordic institutional investors. The results indicate that target companies appear to have similar values with matched (...) companies on sustainability performance and transparency ratings in the 3 years following the initiation of private reporting. Unexpected sustainability incidents are subsequently reflected in the next year’s fall in the market value of target companies relative to MSCI World Index. This paper provides empirical evidence for the legitimacy-based provision of private sustainability information used in a larger disclosure system of public companies. (shrink)

In an extended era of privatization initiatives, when accountability principles and competitive business logics pervade school discourse and practice, what is left of the “public” part of public schooling? When market rationality privileges individualism and competition and provides much of the justification for the aims of U.S. schools, how is the notion of the public good evidenced? In this essay Deron Boyles makes the claim that public schools inordinately function as private markets—as places where a unidirectional narrative of “givens” (...) reinforce individualism, competition, and corporatization under the guise of merit, testing, and school-business partnerships. (shrink)

Philosophy (and its corollaries in the human sciences such as literary, social and political theory) is distinguished from other disciplines by a more thoroughgoing emphasis on the a priori. Philosophy makes no claims to predictive power; nor does it aim to conform to popular opinion (beyond ordinary intuitions as recorded by ‘thought experiments’). Many philosophers view the discipline’s self-exemption from ‘real world’ empirical testing as a non-issue or even an advantage, in allowing philosophy to focus on universal and necessary truths. (...) This article argues otherwise. The non-instrumentality of philosophical discourse renders it into a collective private language, impairing the discipline’s ability to judge the quality of its own output. The natural sciences and other technical disciplines offer the non-expert ‘windows of scrutiny’ into their respective methodologies, through numerous findings that can be easily and independently tested by amateurs. Such outside scrutiny provides a mechanism of external quality control, mitigating the internal effects of cognitive bias and institutionalised conformity upon the discourses of technical disciplines. In contrast, the conclusions of philosophy are not testable without in-depth knowledge of the methods by which they are arrived at; knowledge which can apparently only be gained through an extensive program of study, in philosophy. This epistemic circularity renders the program (even one of self-study) into a ‘black box’ in which the internal influence of cognitive biases and conformity effects cannot be independently assessed. The black box of philosophy is, in all relevant respects, analogous to the black box of the Cartesian mind that is the subject of Wittgenstein’s private language argument. (shrink)

When advocates of insurance‐privatization consider whether private insurance‐dominated systems achieve justice at all, they tend to rely on an incomplete set of criteria for a just healthcare system. They also mistakenly assume that it is enough to show that justice is in principle achievable within a private insurance‐dominated system. This essay offers a more complete set of criteria for a just healthcare system. It then argues that the motivational assumptions needed to make insurance‐privatization at all plausible are inconsistent (...) with the motivational assumptions needed to show that in practice a private insurance‐dominated system will achieve justice. A private insurance‐dominated system can be expected to satisfy the criteria for just healthcare only if there is extensive and effective regulation to constrain the normal competitive behavior of private insurers or if generous public funds are provided to fill the gaps in access left by the private insurance market. Yet the assumptions about the motivations and abilities of the public, regulators, and public officials needed to satisfy conditions or contradict the privatization advocate's explanations of how privatization will maximize efficiency, choice, and quality of care. (shrink)

Hellenistic ruler cult has generated much scholarly interest and an enormous bibliography; yet, existing studies have tended to focus on the communal character of the phenomenon, whereas the role of private individuals (if any) in ruler worship has attracted little attention. This article seeks to redress this neglect. The starting point of the present study is an inscription Διὶ | καὶ βασιλεῖ | Φιλίππωι Σωτῆρι on a rectangular marble plaque from Maroneia in Thrace. Since the text was published in (...) 1991, it has been disputed whether the king in question is Philip II or Philip V of Macedon. The question is further complicated by a newly published text from Thasos, plausibly restored to read [Β]ασιλέως Φιλί[ππου] | σωτῆρος. The identity of the king in these texts is a matter of great historical significance: if Philip II is meant, not only would this impinge on the question of his divinity, he would also be the first king called Sōtēr, thus providing the earliest attestation of a cult epithet spreading from the traditional gods to monarchs. The first part of this article will re-examine the king's identity by studying these two texts in connection with other dedications similarly addressed to a ‘King Philip’ and apparently set up by private individuals. The second will move beyond Macedonia: it will draw on potential parallels from the Attalid, Seleucid and Ptolemaic kingdoms and explore the possible contexts in which individuals set up similar objects. It will be demonstrated that, while there is evidence from other Hellenistic kingdoms of seemingly ‘private’ dedications set up according to civic or royal commands, in Macedonia the piecemeal and isolated nature of the evidence does not permit a conclusive answer. But whether set up spontaneously or by civic command, these objects provide important evidence for the interaction between the public and the private aspects of ruler worship. (shrink)

Using private benefits of control and earnings management data from 41 countries and regions, we provide strong evidence that cultures, together with legal rules and law enforcement, play a critical role in shaping corporate behavior. More specifically, we find that private benefits of control are larger and earnings management is more severe in collectivist as opposed to individualist cultures, consistent with the argument that agency problems between corporate insiders and outside investors are severe in collectivist culture. These results (...) are robust to the inclusion of controls for country wealth, economic heterogeneity across countries, and international differences in ownership concentration. (shrink)

Conceptions of citizenship which rest on an abstract and universal notion of the individual founder on their inability to recognize the political relevance of gender. Such conceptions, because their ‘gender-neutrality’ has the effect of excluding women, are not helpful to the project of promoting the full citizenship of women. The question of citizenship is often reduced to either political citizenship, in terms of an instrumental notion of political participation, or social citizenship, in terms of an instrumental notion of economic (in)dependence. (...) The paper argues for the recognition of citizenship as gendered, and as an ethical, that is non-instrumental, social status which is distinct from both political participation and economic (in)dependence. What unites us as citizens, in our equal membership of the political community, need not rely on a conception of us as ‘neutral’ (abstract, universalized, genderless) individuals undertaking one specific activity located in the public realm, but can take account of the diverse ways in which we engage in ethically-grounded activities on the basis of our different genders, ethnic and cultural backgrounds and other differences, in both the public and private realms. A convincing feminist conception of citizenship necessarily involves a radical redefinition of the public/private distinction to accommodate the recognition of citizenship practices in the private realm. The paper builds on the observation that the concept of ‘citizenship’ is broader than the concept of ‘the political’ (or ‘the social/economic’), and contends that feminism provides us with the emancipatory potential of gendered subjectivity, which applies to both men and women. The recognition of gendered subjectivity opens the way to the recognition of the diversity of citizenship practices. It is not that women need to be liberated from the private realm, in order to take part in the public realm as equal citizens, but that women – and men – already undertake responsibilities of citizenship in both the public and the private realms. (shrink)

What is the moral, spiritual, and educative function of philosophy and literature in modern lives? Such a large question is rarely posed by philosophers or literary theorists these days, but one philosopher who has put it at the top of his agenda is Richard Rorty. His general answer is that both literature and philosophy serve distinct ends: the private end of personal fulfilment through the redescription of experiences and the possibility of self-creation, and the public end of expanded horizons (...) of moral imagination and spheres of solidarity. In what follows I will take a closer look at Rorty’s proposal. I begin by situating it as a contribution to philosophical discussions of the ‘problems of modernity’. Second, I draw attention to an important but sometimes neglected thought that underscores Rorty’s proposal: the alliance of philosophy and literature in making sense of modern lives. With this background in place, in the third section I consider the distinctive version of the private/public split that Rorty invokes, which can be regarded as his version of worldmaking in modernity. I argue that Rorty’s version of the distinction has more going for it than some critics have been prepared to grant, and that it at least provides a basis for further reflection on the important question it helps to answer. (shrink)

Every year thousands of computers deemed obsolete by companies upgrading to newer models are kept out of landfills by organizations like World Computer Exchange 1 which recycle them to schools in developing countries. It is possible to set up at a very low cost, clusters of recycled PCs, using Linux software to substantially reduce the cost of establishing school‐based community Internet centers. In the case of such an implementation in Goa, India by a WCE partner‐NGO the key to its success (...) has been collaboration between the NGO and the private sector to encourage the growth of local Linux support skills and with the government sector ‐ the Goa State Education Department ‐ to ensure the acceptance of Linux in the curriculum, and the provision of teacher training. The Goa Schools Computers project 2 project provides an example of how low initial costs of infrastructure and linkages between different stakeholders can result in cost savings of up to 60% over a conventional community Internet center thereby increasing their chances for financial viability. (shrink)

Research Ethics Boards (REBs) provide oversight for Canadians that research projects will comply with standards of ethics if the studies are carried out as described in the documents that have been approved. While REBs have traditionally been affiliated with institutions such as universities and hospitals, a number of factors - including the increased volume of research being conducted outside academic centres - have resulted in the establishment of some private or independent REBs. This, in turn, has raised concerns about (...) the credibility of REBs in the private sector and their capacity to handle issues around conflict of interest. This Breakout Session was an opportunity to hear the perspectives of people associated with institutional and private REBs and examine perceived problems with boards in the private sector, scrutinize theoretical and structural differences between types of REBs, and look at whether or not there is room for both institutional and private boards in the Canadian research review landscape. (shrink)

Reducing non-core food advertising to children is an important priority in strategies to address childhood obesity. Public health researchers argue for government intervention on the basis that food industry self-regulation is ineffective; however, the industry contends that the existing voluntary scheme adequately addresses community concerns. This paper examines the operation of two self-regulatory initiatives governing food advertising to children in Australia, in order to determine whether these regulatory processes foster transparent and accountable self-regulation. The paper concludes that while both codes (...) appear to establish transparency and accountability mechanisms, they do not provide for meaningful stakeholder participation in the self-regulatory scheme. Accordingly, food industry self-regulation is unlikely to reflect public health concerns or to be perceived as a legitimate form of governance by external stakeholders. If industry regulation is to remain a feasible alternative to statutory regulation, there is a strong argument for strengthening government oversight and implementing a co-regulatory scheme. (shrink)

This article discusses the disability insurance industry in order to provide context regarding the potential impact of genetic testing on disability insurance. It describes disability income insurance, exploring both the protection it offers and its main contract provisions. It goes on to describe the private insurance market and the differences between group and individual insurance, and concludes with implications of genetic testing with respect to the private disability insurance market. The individual disability income insurance market is theoretically of (...) great interest as a matter of public policy since there is potential for unfair discrimination through genetic testing although this remains very unlikely as a matter of practice, however.It is more likely that a person will become disabled than die before age 65. The loss of income during a disability can be quite devastating. In contrast to the high risk and high impact of disability are the realities of the disability market. (shrink)

What I suggest we can see in this brief overview of the literature is an extensive interpenetration on both sides of these debates between scientific, political, and social values. Important shifts in political and social values were of course occurring over the same period, some of them in parallel with, and perhaps even contributing to, these transitions I have been speaking of in evolutionary discourse. The developments that I think of as at least suggestive of possible parallels include the progressive (...) encroachment of public values into the private domain of post-World War II American life, the cold war, the rise of consumerism, and the flowering of what Christopher Lasch calls a “narcissistic individualism.”35 In popular language, the 1960s gave birth to the “me” generation. Perhaps the most tantalizing analogue is suggested by Barbara Ehrenreich's argument for the emergence of a new meaning of masculinity — an ideal of masculinity measured not by commitment, responsibility, or success as family provider, but precisely by the strength of a man's autonomy in the private sphere, his resistance to the demands of a hampering female.36 It is tempting to speculate about possible connections between changes in scientific discourse and developments in the social and political spheres, but such connections, however suggestive, would clearly have to be demonstrated.For now, however, I want to focus on another kind of change —a transformation not so much in the social or political sphere as in the scientific sphere. I make this turn, or return, in support of a more complex account of scientific change that incorporates reverberations within the scientific communty along with social and political changes.In the 1960s, all of biology was undergoing a major transformation in direct response to the dramatic successes of molecular biology. These successes seemed to completely vindicate the values on which the molecular revolution was premised — namely, simplicity and mechanism. Following the victory of Watson and Crick, and of others after them, the fever of that endeavor swept through biology leaving in its wake a new standard of science, and of scientific discourse — one predicated on clarity, simplicity, and analyzability; on the definition of legitimate questions as those capable of clear and unambiguous answers. Every biological discipline felt it — even evolutionary biology, which in some respects was at the furthest pole. Perhaps precisely because it seemed conceptually so remote, evolutionary biology may have felt it most of all. Lewontin inadvertently provides us with some direct support for this view. Indeed, he begins his introduction to Population Biology and Evolution with the following remarks: The twenty years since World War II have seen a vindication in biology of our faith in the Cartesian method as a way of doing science. Some of the most fundamental and interesting problems of biology have been solved or are very nearly solved by an analytic technique that is now loosely called “molecular biology.” But it is not specifically the “molecular” aspect of biology of the last twenty years that has led to its success. It is, rather, the analytic aspect, the belief that by breaking systems down into their component parts, by simplifying them or using simpler organisms, one can learn about more complex systems. As it happens, the problems that were attacked and are being attacked by this method lead to answers in terms of molecules and cell organelles.... There is a host of problems in biology, however, that has been much neglected in these twenty exciting years, because the answers to them cannot be meaningfully framed in molecular and cellular terms.37Lewontin is referring, of course, to problems in evolution. The remainder of his remarks is devoted to an argument for the applicability of the method, if not the content, of molecular biology to these problems. He writes, “It is not the case that molecular biology is Cartesian and analytic while population biology is holistic. Population biology is properly analytic and operates, within the framework of its own problems, by the process of simplification, analysis, and resynthesis.”38 With these remarks, he leads into the criticism of the “holists” who have “held up progress.”This new ethic of simplicity, clarity, and mechanism — embodying the very virtues lauded by Williams — was explicitly carried into evolutionary biology in the name of scientific progress. As it happened, the values implied also fit conveniently well with other values — each set of values providing crucial support for the other.However substantive the scientific gains may have been in some respects, the net effect of this ethic has also been a systematic “perceptual bias” — a bias with profound practical consequences for the entire program of methodological individualism in evolutionary biology, if not elsewhere as well. It may well be that the whole is equivalent to the reconstituted aggregate of its parts, if, in the process of aggregation or summation, all possible interactions among the parts are included. But if certain kinds of interactions are systematically excluded, our confidence in that program necessarily founders. My claim here is that such systematic exclusion does occur, and that it occurs on a number of different levels. To briefly review the interlocking kinds of “bias” that I see occurring in practice, I suggest the following schematic listing:On the most general level: The ethic of simplicity — the privileging of certain values, even certain methodologies, as having an a priori superior claim to scientific credibility.Only slightly less general, and crucially related, is the equation of “scientific” with “tractible”: Given the techniques of analysis available, the equation of science with what we can do inevitably leads to a systematic technical bias favoring simplicity. That is, because we don't know how to model complex dynamics, nonlinear interactions are systematically biased against because of the limitations of our technical know-how. The consequences of this equation of the scientific with the tractible are greatly compounded by the additional equation between what we can do and what is — that is, by our temptation to confuse tractibility with reality.Finally, and also closely related, a further kind of elision occurs even within the confines of tractibility. This kind of elision — taking the form almost of inferring tractibility from one's prior assumptions of what is real — is exemplified by the history of a mathematical ecology of mutualism. Even when mutualism can be introduced into the same technical machinery, it is still not pursued. The basic assumption is that competition is what is real, not because it is easier to model, but because it is what we expect. When the actual difficulties of modeling competition are then in turn suppressed, as in the Robert May story, what we have, given the temptation to equate the tractible with the real, is the possibility of a truly self-fulfilling prophecy. (shrink)

In this work, we present a multi-agent logic of knowledge and change of knowledge interpreted on topological structures. Our dynamics are of the so-called semi-private character where a group G of agents is informed of some piece of information \, while all the other agents observe that group G is informed, but are uncertain whether the information provided is \ or \. This article follows up on our prior work where the dynamics were public events. We provide a complete (...) axiomatization of our logic, and give two detailed examples of situations with agents learning information through semi-private announcements. (shrink)

In what, if any sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement and this book provides both an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law.

Autocommunication, communication with oneself, may become distinct from communication with an “other” both in form and function. Autocommunication has a special role in the development of thinking in small children, as differentiation of speech for oneself, known as “private speech,” from communication for social purposes entails the child’s organization of her or his own cognition and behavior with the aid of symbols. Recent studies have suggested that speech distinctly for the child him or herself is particularly observable during what (...) is called “crib speech” and thus it appears to support already early language acquisition. The purpose and functions of crib speech in child development have been topics of interest until recently, but they are still debated. In autocommunication, instead of transfer of signs from one mind to another as when in communication with an “other,” there is transfer of signs from one state of mind to another, as in the case of recalling something with the help of signs. Next to this mnemonic type autocommunication, Juri Lotman was interested in the type in which textual devices within a text guide the communicative interpretation in relation to the text itself, particularly characteristic to poetry. The paper provides a semiotic analysis of crib speech in terms of Lotman’s concept of autocommunication explaining its particular appearance both in form and content, as well as what initiates and inspires it for the small child and why does it bring such joy. From the point of view of semiotics, crib speech presents as an exceptionally rich phenomenon. In addition to being small children’s language practice, crib speech appears as language play, if not poetry, serving as a modelling system for enacting and representing the world as it appears for the small child. (shrink)

Across countries, governments are urging civil society, in particular charitable and non-profit associations, to take up a part of the social burden, and to produce and provide critical human services and social goods, either independently or on governments' behalf. This type of privatization, or public–private partnership, is encouraged by many on grounds of pluralism and liberty, as empowering individuals and their associations. In this paper, I aim to provide a liberty-based normative argument against privatization. A common view, supported by (...) both conservatives and classical liberals, is that the more social responsibility is left or delegated to civil society, the more civil society will flourish. I contend, by contrast, that when political societies rely on civil society to provide critical goods and services, individuals' freedom of association is threatened. The consequence of privatization is a multiple loss, in terms of individual freedom, value pluralism and the expressive character of civil society. (shrink)

Managing a company or organization in today’s market is a challenge that each leader has to face. Companies have to adapt and embrace challenges, or they will be left behind by the competitors in the market. The leadership of a company has to be creative in order to fulfill the needs of the customers, the market, and its employees. The same rules apply for language teaching organizations, which have to follow the rapid changes in the field of education, technology and (...) marketing all the same. Therefore, the purpose of this paper is to acquire knowledge of key aspects of instructional leadership in private and public schools, to find the parameters that make an organization successful, and to compare key management decisions taken by organizations over the years. In focus of this paper is a case study with two primary schools in Kosovo, one public and one private, how they operate, how are they managed and the possible ways of further development. Interviews with the leaders of the schools have been conducted, and the findings have been compared and supported with contemporary literature review. The paper starts provides an introduction, the literature review, the framework used, an interpretation and critical discussion of the data collected, and it ends with the conclusion on instructional leadership. (shrink)

Ludwig Wittgenstein's treatment of private language has received more attention than any other aspect of his philosophy. Yet, for more than fifty years, a remarkably self-contained exegetical tradition has defined the terms of debate and the principal positions that are discussed. Orthodox interpreters hold that the proof that a private language is impossible turns on showing it is ruled out by some set of systematic philosophical commitments about logic, meaning, and knowledge. Leading candidates for this ground on which (...) the argument depends have included the analysis of concepts, the grammar of our everyday language, the logic of criteria, or the nature of our rule-following, practical activity, or form of life. This article introduces an alternative interpretive tradition, which not only rejects the orthodox methodology, but also rejects the presupposition that Wittgenstein's principal aim is to provide a deductive proof that the idea of a private language leads to contradiction. Finally, it examines some of the leading readings of Philosophical Investigations §258, the passage most frequently discussed by orthodox interpreters. -/- . (shrink)

This book is a large-scale historical reconstruction of liberal legalism, from its inception in the mid-nineteenth century, the moment in which the jurists forged the alliance between political liberalism and legal expertise embodied in classical private law doctrine, to the contemporary anxiety about the possibility of both a liberal solution to the problem of political justification and of law as a respectable form of expert knowledge. Each stage in the history is a moment of synthesis between a substantive and (...) a methodological idea. The former is the liberal political theory of the period, purporting to provide a solution to the problem of political justification. The latter is a conception of legal method or science, supposedly vindicating the access of the expert to the political choices embodied in the law. Thus, each moment in the history of liberal legalism integrates a political theory with a jurisprudential conception. Although it reaches the unsettling conclusion that liberal legalism has largely failed by its own standards, the book urges us to avoid quietism, skepticism or cynicism, in the hope that a deeper understanding of the fragility of our values and institutions inspires a more thoughtful, broadminded and nurtured citizenship. (shrink)