Multinational companies (MNCs) can have positive and negative impacts on the human rights situation of a country. More and more MNCs have made a commitment to respect human rights. So far, little research has been done on how MNCs can embed their commitment and which factors determine its success. This paper therefore aims to describe and learn from the process of embedding human rights in six subsidiaries of the multinational oil company Royal Dutch Shell (in short, Shell), (...) operating in different parts of the world. It develops an approach based on the model of Tatiana Kostova. Using a specific tool called the Human Rights Compliance Assessment, the paper concludes that, despite differences in local context, the process requirements of embedding global standardscan be the same. (shrink)

The establishment of the Common European Asylum System by 2012 remains a key policy objective for the European Union. According to the Council of the European Union, the development of a Common Asylum Policy should be based on a full and inclusive application of the 1951 Geneva Convention Relating to the Status of Refugees and other relevant international treaties. In the European Pact on Immigration and Asylum attention is brought to the persistence of wide disparities amongst Member States in the (...) granting of protection and the form of protection granted. This is seen as one of the main problems to be addressed in building the CEAS. It is fairly obvious that existing divergences in policy have a substantial impact upon the aims of the CEAS. It can be assumed that the difference in governmental practices involving recognizing asylum seekers on refugee grounds or subsidiary protection grounds may be a substantial factor in the decision-making process on where to apply for international protection. The European Commission stressed the importance, during the second phase of the CEAS, of paying particular attention to subsidiary and other forms of protection. (shrink)

The study is designed to examine the perceptions of Chinese executives of corporate social responsibility (CSR) and to explore possible strategies by which well-established foreign multinational enterprises can carry out their CSR in China. The interviewees’ interpretation of CSR is found to be oriented toward internal operations of the Chinese subsidiaries and economic responsibility. Many interviewees have the classical view of CSR, while headquarters has the modern view. The main problems of implementing CSR are: specific Chinese business culture, intellectual property (...) rights, internal due process, and insufficient Chinese government support. It is recommended that socialization of Chinese executives about CSR be accomplished through personnel transfer among various functional areas in the corporate system, the development of a just organizational culture in the Chinese subsidiaries, and collaboration with external partnersthat advocate CSR. (shrink)

Directive 96/9/EC of the European Parliament and of the Council on the legal protection of databases of 11 March 1996, which was intended to protect the interests of the makers of databases, determined that databases could be protected by double rights: copyright and sui generis right. The article first of all analyses what persons are entitled to be acknowledged as holders of copyright and sui generis right in respect of a newly created database. As the issue of the owner (...) of copyright is not regulated by the 1996 Directive, this is determined by the application of national provisions. Pursuant to the Law on Copyright and Related Rights of the Republic of Lithuania, the owner of copyright may mean, depending on the situation, a natural person – the author of a database or a group of authors, the holder of the right to a collective work, or an employer. The analysis presented in the articleindicates that predominantly it is the author (authors) of a database who is held to be the owner of the copyright. Courts tend to interpret the rule concerning the transfer of copyright to the employer in a restrictive way; besides, in accordance with the specifics of the Lithuanian legal regulation, economic rights are transferred to the employer only for the period of 5 years. The category of collective work is of a subsidiary character and may be applied only in exclusive cases. Therefore, when a database is created upon the commission of another person, including the employer, the customer is expected to form a written agreement where the transfer of economic rights to the customer is clearly defined. (shrink)

These reflections elaborates the theory of The Idea of Human Rights by addressing a topic that theory attempts to bracket: international and regional judicialization in the form of international courts and tribunals. Using the method of reflective equilibrium, the article argues that this exclusion is inconsistent. Including these international courts and tribunals (‘ICs’) prompts several changes to the original theory, and opens new research questions. The original theory is on the one hand too narrow regarding both the objectives and (...) tools of international mechanisms of corrective concern. The account should consider further subsidiary modes of support. On the other hand the theory is too broad, in that it gives insufficient guidance to the judges of ICs and others able to effect changes. This leaves the theory incomplete, and open to similar criticism as the book raised against others. Accounts of the theory presented in The Idea of Human Rights,and of ICs and their roles regarding human rights allow us to explore some implications of ICs for The Idea of Human Rights.We then consider how if at all The Idea of Human Rights can guide international judges. (shrink)

The number of transnational corporations - including parent companies and subsidiaries - has exploded over the last forty years, which has led to a correlating rise of corporate violations of international human rights and environmental laws, either directly or in conjunction with government security forces, local police, state-run businesses, or other businesses. In this work, Gwynne Skinner details the harms of business-related human rights violations on local communities and describes the barriers, both functional and institutional, that victims face (...) in seeking remedies. She concludes by offering solutions to these barriers, with a focus on measures designed to improve judicial remedies, which are the heart of international human rights law but often fail to deliver justice to victims. This work should be read by anyone concerned with the role of corporations in our increasingly globalized society. (shrink)

Following Wesley Hohfeld's pioneering analyses, which demonstrated that the concept of ownership conflated a variety of distinct legal relations, a deflationary regarding those relations as essentially unconnected held sway for much of the subsequent century. In recent decades, this theory has been thought too diffuse; it seems counterintuitive to insist, for instance, that rights of possession and alienation over a property are associated only contingently. Accordingly, scholars such as James Penner and James Harris have advanced theories that revive the (...) concept of ownership, identifying some instances of property as and regarding others as conceptually subsidiary. I propose a new interpretation of the bundle theory, based on David Lewis's idea of among physical particles. I critically examine the major antibundle positions, arguing that their criticisms result from confusion about the claims of the bundle theory, which remains the best account of property rights available. (shrink)

Even though the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) does not explicitly address the rights of asylum seekers and refugees, the case law of the European Human Rights Court (ECtHR) confirms that their rights can be successfully defended under this mechanism. In parallel, in its evolving jurisprudence on asylum the Court of Justice of the European Union (CJEU) refers to the Strasbourg case law, where there is a certain interrelationship between these (...) two jurisdictions, in particular given the recent ECtHR pronouncement on “EU Dublin transfers”. The article aims at evaluating protection available for asylum seekers and refugees under the ECHR, while comparing it with protection of asylum relevant fundamental rights under the EU legal order and the most recent jurisprudence of the CJEU in asylum cases. The authors also analyze which of the two systems is more favourable and what are their limitations. Thus, the article offers to students and practitioners a detailed analysis of ECtHR and CJEU jurisprudence in asylum cases through a comparative perspective, as well as the key problematic aspects arising in both jurisdictions and their junction. The jurisprudence of the ECtHR reveals that despite the most developed protection from expulsion under Article 3 of the ECHR, it does not sufficiently secure status for the concerned persons. Effective remedy requirements under the ECHR allow for filling the gaps of national asylum procedures, while recognition of vulnerability and special status of asylum seekers by the ECtHR assist in addressing still commonly prevailing detention problems of asylum seekers in Europe. In the context of family protection, the recognition of positive obligations by states to reunite the refugee families is still rudimentary, thus, clearly Article 3 protection in expulsion cases takes over Article 8. At the same time, the jurisprudence of the CJEU in asylum cases is still inconsistent, as the court sometimes takes decisions without including human rights into its’ analysis (Kadzoev, Arslan, K.), while in other cases refers to the Charter (MA and others), verifies if its’ own decision is in line with the ECtHR jurisprudence (Elgafaji) or shapes secondary legislation in line with Strasbourg arguments and findings (N.S.). Quite likely, the ECtHR practice will have an important influence on the developments of subsidiary protection in the EU, at least in the context of Articles 2 and 3 of the ECHR, and serve as an important reference for interpretation of various concepts under the EU Qualification and Procedures Directives. The comparative analysis of pros and cons of the two mechanisms demonstrates that the main advantage of the ECtHR is individual justice possibility, which is not yet accessible under CJEU preliminary judgement procedure and its input in developing asylum law concepts, such as non-state agents of persecution, internal protection or even subsidiary protection regime under EU asylum law. Thanks to the ECtHR, the realistic possibility to question the application of certain EU norms has emerged (Dublin Regulation). While the ECtHR does not have such a specific competence over asylum issues as the CJEU and is clearly a slow and seriously overburdened mechanism, the pilot judgement procedure seems to be increasingly capable of providing guidelines to the states concerning systematic problems in their asylum procedures. Thus, both jurisdictions in their own ways contribute to strengthening asylum seekers’ protection while forming a common oasis for these individuals in Europe. (shrink)

Morality, as commonly conceived, is a delusion; it is, however, indispensable for the flourishing both of society and of individuals. These are the main theses, one concerning the status, the other the content of morality,, of J. L. Mackie’s Ethics, Inventing Right and Wrong. In part 1, with much fresh, useful, if subsidiary discussion of more standard meta-ethical fare—meanings of normative terms and analysis of moral argument—Mackie argues that the morality of the plain man is not, what it is (...) commonly taken to be, revelatory of a realm of objective values. Such values, he contends, making no secret of his empiricism, are ontologically too queer to exist, epistemologically too alien to be known. Nor are they needed to account for the specious objectivity of common sense morality, for there are "patterns of objectification" which, with less philosophical extravagance, can explain how an agent’s subjective attitudes become objectified. Although Mackie does think that one’s moral principles are prescriptive, universal, and, in some sense, chosen, his skepticism is not the fruit of linguistic analysis. On the contrary. "[O]rdinary moral judgments include a claim to objectivity.... Any analysis of the meanings of moral terms which omits this claim to objective, intrinsic, prescriptivity is to that extent incomplete; and this is true of any non-cognitive analysis, any naturalist one, and any combination of the two". (shrink)

After the establishment of the independent Slovak Republic, legal and institutional ground rules were set for providing asylum to foreigners present on the territory of the Slovak Republic. The national legislation of the last twenty years was adopted in compliance with international treaties and the European Union instruments covering asylum matters. In the field of asylum policy, the Slovak Republic complies with its traditional pillars and supports new forms of protection following the new challenges faced by the international community. The (...) currently valid Asylum Act regulates the international protection of aliens in the Slovak Republic, by defining the conditions and procedures related to granting asylum and provision of subsidiary protection and temporary shelter. The Asylum Act also covers the rights and obligations of different categories of persons, stay in asylum facilities and, partially, the integration of persons that are granted asylum. This article describes and analyses the development of the Slovak asylum legal framework and the concept of asylum policy. Furthermore, it looks at different protection statuses granted to foreigners and finally deals with the refugee migration trends in the Slovak Republic. (shrink)

This study examines the perceptions of Chinese executives concerning corporate social responsibilities in their Chinese subsidiaries of foreign multinational corporations in China. These Chinese subsidiaries are found in the elementary stage of corporate citizen development even though their headquarters are in the advanced stage. The key challenges of moving Chinese subsidiaries to be better corporate citizens in China are specific Chinese business culture, intellectual property rights, internal due process, insufficient Chinese government support, and lack of knowledge of Chinese subsidiaries. (...) Through this study, foreign multinational corporations need to invest in social capital that facilitates the transfer of knowledge of comprehensive corporate responsible practices from the headquarters to their Chinese subsidiaries, and to encourage their Chinese subsidiaries to be more actively engaged with external business partners that support corporate social responsibility. (shrink)

The philosophy of “ human dignity” remains a young, piecemeal endeavor with only a small, dedicated literature. And what dedicated literature exists makes for a rather slapdash mix of substantive and formal metatheory. Worse, ironically we seem compelled to treat this existing theory both charitably and casually. For how can we definitively assess any of it? Existing suggestions about the general features of dignity are necessarily contentious in virtue of being more or less blissfully uncritical of themselves. Because none of (...) the suggested features are conscientiously situated in their own right, their justification is taken to rest solely on whether each is borne out by some substantive account. But absent the sort of second-order considerations that would make for a proper metatheory, what can we do with their substantive suggestions? Of course, the concept of dignity has other forums. It figures prominently into insular analyses of either Kantian or Biblical ethics, and, to various degrees, an array of subsidiary fields of practical philosophy including human rights, bioethics, law, theories of respect, race theory, Judaic studies, feminism, care ethics, war, technology, and political philosophy. Each of these areas has an established literature. Each contributes interesting observations to the nature of dignity. But, again, ultimately, without a proper metatheory, it is unclear what to do with any of them. My goal is to remedy this, or at least reverse the trend. In doing so I will have in view one particular subfield, namely, the ever-pressing subject of human rights. (shrink)

Starting from 2009, national courts of the EU Member States for the first time gained a “real” right to request the EU Court of Justice for preliminary rulings in asylum matters. First judgments of this Court demonstrate equivocal tendencies: some are blaming the Court for incompetence in asylum matters, others believe that the adoption of authoritative decisions at the European level will assist in developing consistent practice of applying asylum law in the European Union, something that failed at international level (...) due to absence of a single authoritative body to provide guidance on interpretation and application of the 1951 Refugee Convention. Considering that the judgments of the EU Court are part of the EU law, the Member States should develop their national asylum law with due regard being taken to those judgments. By the beginning of 2012, the Court has issued eight judgments on the interpretation of various problematic issues of EU asylum law. This Article analyses the jurisprudence of the EU Court in asylum cases, related to the granting of refugee status and subsidiary protection. It also provides a critical evaluation of those judgments. The main objective of the Article is to familiarise the relevant Lithuanian institutions and lawyers with the first judgments of the EU Court in asylum cases and encourage discussions concerning the application of rules established by the Court in the Lithuanian context. Due to limited size, this Article presents the analysis of two EU Court judgments adopted on interpretation of the 2004 Qualification Directive: Elgafaji v. The Netherlands (2009) dealing with granting of subsidiary protection, and Abdulla and others v. Bundesrepublik Deutschland (2010), dealing with cessation of refugee status. The value of those judgments first of all lies in the guidance they provided to the Member States on such concepts as: protection in a situation of an armed conflict, agents of protection, effectiveness of protection; as well as determination of a relationship between refugee status and subsidiary protection, relationship of the Qualification Directive with the European Convention on Human Rights and Fundamental Freedoms (ECHR), also cessation of protection. Elgafaji decision, while quite liberal with regard to persons seeking international protection, is not so liberally applied in the Member States’ practice and does not in itself guarantee positive outcome of the application of a concrete individual fleeing from an armed conflict, or a liberal approach to granting subsidiary protection in the Member States. Based on Elgafaji judgment it is clear that: Art. 15(b) of the Qualification Directive correspond to Art. 3 ECHR, while Art. 15(c) provides additional protection and in that it expands the Member States’ obligations beyond the ECHR to provide protection to persons fleeing in situations of armed conflict. While not every person arriving from an armed conflict situation would automatically fall under the granting of subsidiary protection, in certain exceptional situations indiscriminate violence may amount to individual threat without invoking personal circumstances. The EU Court departed from the individualisation requirement applied by the European Court of Human Rights in Art. 3 cases and did not also rely on international humanitarian law, by introducing a “sliding scale” formula for establishing an individual threat in armed conflict situation instead. This formula addressed the alleged internal discrepancy between “individual threat” and “indiscriminate violence”. The Abdulla decision brought in the human rights and law enforcement perspectives to the interpretation of cessation clauses, however it represents a rather superficial approach in the context of the analysed concepts (e.g. towards effectiveness of protection provided by the multinational armed forces) and is likely to be incompatible with the latest legislative trends in the EU asylum instruments (e.g. determination of refugee status and subsidiary protection by means of a single procedure) and the recent jurisprudence under the ECHR (e.g. failure to ensure a minimum standard of living may violate the ECHR). (shrink)

It is well known that Rawls and Habermas propose different strategies for justifying and classifying human rights. The author argues that neither approach satisfies what he regards as threshold conditions of determinacy, rank ordering, and completeness that any enforceable system of human rights must possess. A related concern is that neither develops an adequate account of group rights, which the author argues fulfills subsidiary conditions for realizing human rights under specific conditions. This latter defect is (...) especially serious in light of the different but equal roles that both subnational groups as well as supernational organizations play in bringing about a just global distribution of economic resources. (shrink)

The verb ‘to know’ can be used both in ascriptions of propositional knowledge and ascriptions of knowledge of acquaintance. In the formal epistemology literature, the former use of ‘know’ has attracted considerable attention, while the latter is typically regarded as derivative. This attitude may be unsatisfactory for those philosophers who, like Russell, are not willing to think of knowledge of acquaintance as a subsidiary or dependent kind of knowledge. In this paper we outline a logic of knowledge of acquaintance (...) in which ascriptions like ‘Mary knows Smith’ are regarded as formally interesting in their own right, remaining neutral on their relation to ascriptions of propositional knowledge. The resulting logical framework, which is based on Hintikka’s modal approach to epistemic logic, provides a fresh perspective on various issues and notions at play in the philosophical debate on acquaintance. (shrink)

The present work lays the foundations for a proposed longer work in which I shall defend an answer to the question whether immoral action is necessarily irrational. Here I first examine the traditional formulations, by Hume and Kant, of the crucial positions in the controversy over whether reason does or does not require us to do right or act well, or forbid us to do wrong or be villainous, and I criticize the views of each of these philosophers. I then (...) show how this issue has been transformed in contemporary philosophy, and address myself specifically to one subsidiary issue, whether there necessarily is a reason for every person to do each act that he or she ought, morally, to do. I then develop and defend an analysis of reasons for action based on our common sense notion of reasons, an account according to which there can be a reason for someone to act even though he or she does nor recognize it. Some moral reasons scepticism is based on the assumption that in order for there to be a reason for someone to act, he must have a desire that he can expect to satisfy by so acting. Consequently I next provide a detailed analysis of the relationship between reasons for action and desires, and argue that, contrary to this assumption, desire-independent reasons are possible, and a number of considerations appear to function this way. I then suggest a new approach to the issue of reasons to be moral, using the results obtained so far and the idea of a pattern of nongoal practical reasoning that it is rational for someone to have. I sketch arguments that might be offered within this approach and some difficulties that will arise, and conclude that, given an objective theory of human values, it will support moral rationalism or something close to it, but without such a theory it will support moral reasons scepticism. (shrink)

In the UK, community care has led to more complex relationships for mental health nurses. They need to respect the rights of service users to confidentiality while also respecting the rights of family caregivers to information that directly affects them. An unsatisfactory situation has arisen in which utilitarian and legally driven motives have seen family caregivers’ interests become subsidiary to those of service users and providers. An ethical case is made for sharing information with family caregivers, even (...) against the wishes of service users. Through the use of a conceptual framework based on elements proposed by Thiroux — value of life, goodness or rightness, justice or fairness, truth-telling or honesty, and individual freedom — the article concludes that there is an ethical argument for sharing some information with family caregivers and that nurses should respect caregivers’ rights through their actions. Nurses’ actions are a commitment to seeking what is ‘good’ by making judgements based on what matters. It is argued that people and their relationships matter more than strict adherence to laws and codes. (shrink)

THE LIBERTARIAN IDEA by Joseph Raz Oxford: Clarendon, 1986. 435 pp., $59.00 Joseph Raz's The Morality of Freedom offers a subtle and arrestingly original reconstruction of liberal theory. Raz argues that standard liberal linchpins such as neutrality, rights, equality, anti?perfectionism, subjective preference, and individualism fail adequately to ground a liberal order. Rather, he enshrines autonomy as the core value of a justifiable liberalism. Many of Raz's subsidiary arguments are insightful, yet his liberal structure ultimately founders. In large measure (...) that is because Raz oscillates uneasily between two opposed rationalesfor the centrality of autonomy. The result is a major contribution to political theory, but also a book that is less than the sum of its parts. (shrink)

On August 29, 2006, the United States Court of Appeals for the District of Columbia Circuit held that an injured ERISA plan beneficiary need not be “made whole” by any injury-related recovery from a third party in order for her ERISA plan to assert subrogation or reimbursement rights if the plan's terms either 1) “unambiguously establish a plan priority” to any funds a beneficiary recovers from a third party, or 2) are reasonably interpreted to establish such a priority by (...) an ERISA plan fiduciary clearly authorized to do so.In 1991, appellants William and Judith Moore purchased an ERISA health insurance policy from Blue Cross Blue Shield of the National Capital Area and its wholly-owned subsidiary CapitalCare. On September 10, 1992, the Moores’ daughter Alistaire, a plan beneficiary, was seriously injured in an automobile accident. (shrink)

Defective newborn children are to be considered human persons. Thus, primary duty in proxy consent is to act with the infant's best interest in mind. This duty may at times override the otherwise prima facie right to life, but only under restricted circumstances. Refinements of McCormick's “relational potential” criteria and of ordinary-extraordinary means analysis prove useful in such decisions. Utilitarian considerations of social consequences have impact but can be kept subsidiary. The importance for decision making of available child support (...) services is considered. Spina bifida is used throughout as an example of issues discussed. (shrink)

The goal of this study is to discover and critically examine the major influences on the development of Joseph Fletcher's theological and philosophical ethics. Subsidiary investigation will reveal the influence of particular philosophical points of view , theological positions , and the effects of social context and other determinants on Fletcher's thought. Whether Fletcher's ethics remain dependent on social or temporal contingencies, whether they are historically contingent or of lasting practical value will be analyzed. ;This paper will take the (...) form of an intellectual biography. The first two chapters are purely biographical, sketching the social environment and formative personal relationships of Fletcher's youth and early adulthood. Three subsequent chapters chronologically critique the development of Fletcher's theology of social redemption, the personalistic and rights-based approach to an ethic of medical care espoused in Morals and Medicine, and the amalgam of presuppositions that comprises the moral framework of Situation Ethics. The primary foundations of Fletcher's basic ethical premises; control, choice, and responsibility will be analyzed in terms of their origins and place in the evolution of his ethical thought. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of equality (...) and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

Contemporary ethics is currently ramifying into different sub-ethics specific to each type of technology. Although this trend has been very timely and rightly called into question by Sætra and Danaher, both these authors and their critics Llorca Albareda and Rueda leave the matter unsolved from a discipline point of view. In this commentary, we clarify the statute of the ethics of technology, which corresponds to that of a subsidiary applied ethics, and show how it is precisely that, what renders (...) the creation of an ethics for each technology inappropriate. We thus provide a disciplinary reason to support Sætra and Danaher’s concern on tech ethics proliferation and to refute Llorca Albareda and Rueda’s relativization of it. In turn, we conclude by drawing some guidelines for tech ethics in practice. (shrink)

The Dark Posthuman: Dehumanization, Technology, and the Atlantic World explores how liberal humanism first enlivened, racialized, and gendered global cartographies, and how memory, ancestry, expression, and other aspects of social identity founded in its theories and practices made for the advent of the category of the posthuman through the dimensions of cultural, geographic, political, social, and scientific classification. The posthuman is very much the product of world-building narratives that have their beginnings in the commercial franchise and are fundamentally rooted in (...) science, governance, and economics around the hegemonic appropriation of environments and commodification of bodies that initially fuelled white settler life worlds and continue to be operational in the way we conceive of these worlds as continuous ontological formations. The want has always been for ownership of any of these dimensions of being without regard to condition, to not remain stranded as the subsidiary of another's being, to another's claim to humanity, and finally, to escape the suffocating confines of an instrumental ontology that suggests a subcategory of humanity without rights onto itself. The Dark Posthuman distinguishes the posthuman's place within both the liberal and neoliberal imaginary and reveals how its appearance first entrenched itself through the avarice of English settler colonialism, and subsequently, through the paranoia of American slavery. This same figure of the posthuman played a crucial role in the functional adaptation of Cold War behavioural cybernetics, and thereafter, in the fetishization of technology within the era of global financialization. The shadowing of this arrangement during and beyond the long duration of humanity's domination of this world becomes the structural web work of this book. Stephanie Polsky is an interdisciplinary writer and academic working in the areas of Media Studies and Visual Culture. Her work explores the confluence of power around race and gender as technologies of governance. She has lectured widely in media and cultural studies, critical theory, and visual culture at a number of prestigious institutions including Goldsmiths University, Regent's University London, University of Greenwich, and Winchester School of Art. Most recently she has worked at California College of the Arts in Critical Studies and Diversity Studies. She holds a PhD in Visual Cultures from Goldsmiths, University of London and an MA in Media Studies from the University of Sussex. Her books include The End of the Future: Governing Consequence in the Age of Digital Sovereignty (Academica Press, 2019), Ignoble Displacement: Dispossessed Capital in Neo-Dickensian London (Zero Books, 2015), and Walter Benjamin's Transit: A Destructive Tour of Modernity (Academica Press, 2009). (shrink)

Based on the extended conceptualization of corporate citizenship, as provided by Matten and Crane :166–179, 2005), this paper examines the new role of corporations in society. Taking the ideas of Matten and Crane one step further, we argue that the status of corporations as citizens is not solely defined by their factual engagement in the provision of citizenship rights to others. By analysing political and sociological citizenship theories, we show that such engagement is more adequately explained by a change (...) in the self-conception of corporate citizens from corporate bourgeois to corporate citoyens. While the corporate bourgeois acts primarily for private business purposes, the corporate citoyen engages in society, performing civil and political rights and duties. As an intermediate actor in society, shaped by the principle of subsidiary task-sharing, the corporate citoyen undertakes co-responsibility for social and civic affairs and actively collaborates with fellow citizens below, beside and beyond governmental regulation. (shrink)

With historical hindsight, it can be little questioned that the view of protozoa as unicellular organisms was important for the development of the discipline of protozoology. In the early years of this century, the assumption of unicellularity provided a sound justification for the study of protists: it linked them to the metazoa and supported the claim that the study of these “simple” unicellular organisms could shed light on the organization of the metazoan cell. This prospect was significant, given the state (...) of cytology circa 1910. In the wake of the major gains made in understanding nuclear division in the last two decades of the nineteenth century, cytology was suddenly confronted with many, seemingly less penetrable, problems. Several aspects of nuclear organization still remained unexplained, and recent research had revealed the presence in the cytoplasm of structures whose functions in cell life were unknown. Classical methods of cytology, relying on descriptive, morphological analysis, seemed ill equipped to resolve these questions.Hertwig's program for protozoology, grounded in the assumption of the fundamental unity of organization in protozoa and metazoa, offered a potential means for investigating these and other problems of cell theory. Linked to mainstream cytology, protozoology was advocated as a means of experimentally investigating key biolobical processes — reproduction, metabolism, and organelle morphology and physiology — less accessible in higher organisms. Protozoa were hailed as prime experimental organisms, in which cell structure and function could be more easily studied. Unlike the metazoan cell, they could be subjected to controlled experiments in which the external environment was modified and the effects monitored. Protozoa offered, in other words, a promising experimental means by which to investigate the cell — its structures and its processes.The success of this program within Germany was soon apparent. In contrast to the rather neglected state of the discipline in 1900, protozoology began to be recognized as more than a somewhat obscure area of study for specialists. In practical terms, this translated into greater numbers of students attracted to the field, increased institutional support for the discipline, and its elevation in status within the biological sciences as new developments, particularly in connection with medical applications, began to draw attention to the field.64The unicellular hypothesis also promoted the internal development of the science. It provided a rationale for introducing the various techniques used in cytology, embryology, physiology, and the new field of biochemistry as suitable research tools for protozoology as well. This vastly extended the research possibilities and facilitated the understanding of, among other things, protozoan organization, modes of reproduction, and evolutionary relationships. The new experimental grounding of the discipline in turn fitted in well with developments in biology at large: in contrast to the descriptive methodology that had predominated in the nineteenth century, this new experimental program placed protozoology at the forefront of the early twentieth-century movement to make biology an experimental science comparable to physics and chemistry.Yet the criticism of the unicellular hypothesis can also be seen as having served a valuable function within the development of the discipline. It focused attention on the study of protists as organisms in their own right, not simply as models for metazoan cells. More generally, it helped to remind biologists of the particular evolutionary assumptions that supported this conception. Dobell and other British critics pointed out, among other things, the association between the theory of recapitulation and the interpretation of protozoa as unicellular organisms. At the time when the recapitulation theory and the germ-layer doctrine were in decline, it was important to stress how these evolutionary ideas also entered into the contemporary concepts of subsidiary specialties. This was as true for protozoology as it was for cell theory itself. The chromidial theory, in its various guises, and the binuclearity hypothesis did in fact contain elements of recapitulationist reasoning, and they were open to criticism for the same kind of overly speculative theorizing that characterized this evolution theory. Dobell's critique forced protozoologists and cell theorists alike to review the theoretical postulates guiding their investigations.In the absence of further historical studies, it is hard to evaluate the consequences of this debate in later years. The issue was not whether protozoa were the precursors of metazoa — both sides accepted this. They disagreed over which particular protozoon had served as the ancestral form, and this, in turn, influenced their stance on the question of unicellularity. The situation is little changed today. Because the former question is still an open one, the latter remains so too. Both of the models for the origin of multicellular organisms — colonies of ciliates versus multinucleate protists — are still presented as possible mechanisms in modern textbooks of evolution. Unable to judge the dispute in terms of the ultimate validity of the competing conceptions, the historian requires other criteria. It perhaps becomes more important to evaluate the issues in the context of the internal and external stimulus they provided the discipline.65 In these terms, and from the present historical vantage point, Hertwig's research program for protozoology, based upon the unicellular hypothesis, appears to have been a successful one. (shrink)

Recommends an approach to the philosophical problem about the existence and nature of the self in which the author models the problem of the self rather than attempting to model the self. It is suggested that the sense of the self is the source in experience of the philosophical problem of the self. The first question to ask is the phenomenological question: What is the nature of the sense of the self? But this, in the first instance, is best taken (...) as a question explicitly about human beings: as the local phenomenological question What is the nature of the human sense of the self? Whatever the answer to is, it raises the general phenomenological question Are there other possibilities when it comes to a sense of the self? The answers to and raise the conditions question What are the grounds or preconditions of possession of a sense of the self? and this question raises a battery of subsidiary questions. If one can produce satisfactory answers to,, and, one will be in a good position to raise and answer the factual question, the fundamental and straightforward metaphysical question is there such a thing as the self? 2012 APA, all rights reserved). (shrink)

Subsidiarity, i.e., “the principle of subsidiarity,” i.e., “the principle of subsidiary function/responsibility,” i.e., the principle that it is unjust for a higher authority to usurp the self-governing authority that lower authorities, acting in the service of their own members, rightly have over those members, is a presumptive and defeasible, not an absolute, principle. But it excludes any general policy or aim of assuming the control or managerial direction of lower groups. Its deepest rationale is the intrinsic desirability of self-direction, (...) a good that is to be favored and respected even at the expense of some efficiency in the pursuit of other goods. Though arising out of Aristotelean moral and political theory, it denies or strongly disambiguates a cardinal principle of Aristotelean political theory. It is reflected in the work of Aquinas, Taparelli, Mill and Maitland, before its articulation by Pius XI. (shrink)

1Preface: Malthus the Utilitarian vs. Malthus the Christian moral thinker. The chapter aims at reconstructing the deadlocks of Malthus scholarship concerning his relationship to utilitarianism. It argues that Bonar created out of nothing the myth of Malthus’s ‘Utilitarianism’, which carried, in turn, a pseudo-problem concerning Malthus’s lack of consistency with his own alleged Utilitarianism; besides it argues that such misinterpretation was hard to die and still persists in Hollander’s reading of Malthus’s work. ● -/- 2 Eighteenth-century Anglican ethics. The chapter (...) gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology and how two Cambridge fellows, John Gay and Thomas Brown worked out a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number of possible sets of laws on the basis of a maximizing criterion, happiness for his creatures. ● -/- 3 Malthus’s meta-ethics. The chapter reconstructs the two ethical chapters of the second Essay. It argues that Malthus’s ethics is not dependent on Paley’s, but is derived from Cumberland, Butler, Gay, Brown. Besides, it argues that theodicy takes a new place in the 1803 Essays and ethics becomes a key to theodicy. The new solution is that, once it has been proved that passions can be mastered and that a world where passions are under control would be a comparatively happy place, a society where moral restraint prevailed would make the middling ranks more numerous, reduce dependence, and preserve liberty. ● -/- 4 Malthus’s early normative ethics: a morality of freedom. The chapter reconstructs young Malthus’s views on the foundations of ethics, proving his adhesion to voluntarist consequentialism. Then it reconstructs his treatment of political issues, whence a clear stance emerges in favour of traditional Whig concerns, such as political freedom, personal independence and dignity. Finally, it gives a fresh look at the theological argument in the two well-known final chapters, locating it in the context of consequentialism, voluntarism, and quasi-Leibnizian theodicy. ● -/- 5 Malthus’s intermediate normative ethics: a morality of prudence. Malthus’s normative ethics focuses on two main ‘natural’ virtues, benevolence and chastity, and three artificial virtues. These include love for equality and love for liberty. A special place is granted to another virtue, prudence, which is the link between natural and artificial virtues. This special virtue also provides an invisible link between the private and the public domains, in that it contributes to combine self-love with general happiness. This is granted by the unintended results mechanism, or “the happiness of the whole is to be the result of the happiness of individuals, and to begin first with them. No cooperation is required”. ● -/- 6 Malthus’s mature normative ethics: a morality of humanity. The chapter describes reactions by Evangelicals, such as Gisborne, Sumner, and Chalmers, to Malthus’s theory and Malthus’s transformation of his own system in order to pave objections. This amounts to incorporating The Evangelicals’ ideas into his own system. The friendly controversy with his Evangelical fellow-travellers yielded several important changes in 1806, 1817, and 1826 editions of the second Essay in the formulation of Malthusian ethics, in the adoption of moral improvement instead of happiness as the variable to be maximised, in the adoption of generalized education as the main weapon in the war on poverty. ● -/- 7 Malthus’s applied ethics. The chapter reconstructs Malthus’s treatment of a few issues in ‘applied ethics’, sexual morality, public morality, poverty, and besides, war and slavery. On the first issue, he argues the duty to marry only at a time when one is ready to carry the burden of six children as a moral duty imposed by prudence and rejects birth control because of its alleged effect of encouraging ‘indolence’. On the second issue, he defends a peculiar kind of Whiggism as anti-Machiavellian politics centred on rights, equality, and dignity. On the third issue, his final approach is a kind of Institutional approach to poverty, making room for generalized basic education, free markets for labour and allowing for a subsidiary role for private beneficence. The goal to be aimed at is bringing about circumstances which tend to elevate the character of the lower classes of society and offer them a chance of being respectable, virtuous and happy. ● -/- 8 Conclusions: strengthening the theological foundation. Malthus’s criteria for policy appraisal were not utilitarian ones. His normative ethics and his politics were sharply different from Bentham’s. Utility is just one element in Malthus’s ethics, going with laws of nature and rights, and ironically, far from being a Benthamite insertion, is the most markedly theological element in Malthus’s system of ideas. ● -/- . (shrink)

The central argument of this book is that liberalism, constitutionalism, and democracy, as well as, specifically, liberal constitutional democracy all work, when they do, because they serve the mutual advantage of the politically effective groups in the society through coordination of those groups on a political and, perhaps, economic order. These arguments are applied both to the early history of constitutional developments in the United States and to contemporary transitions from autocratic regimes to market democracies. A subsidiary claim is (...) that constitutional political institutions and democratic procedures generally require not so much active support as merely acquiescence in order to survive and work. These are explanatory theses, not normative claims, but they have relevance for normative claims if one takes seriously some relative of Kant's dictum that ought implies can. If we are to insist that some form of government is normatively right for a particular society, we must be able to say that it would or could work for that society. It is commonly argued that what makes democracy right is that it works by consent. If so, it is such a distressingly minimal form of consent—acquiescence—as to be normatively disqualified. If we rule out mere acquiescence as adequate for consent, it seems likely that no credible argument can be adduced to defend liberal constitutional democracy in any detail on grounds of consent or contractarianism. Hence, concern for workability, which should be central to any moral assessment of principles of social order, undercuts the entire consent school of political theory. (shrink)

Almost everything that we do, we do by doing other things. Even actions we perform without deliberation or conscious planning are composed of ‘smaller’, subsidiary actions. But how should we think of such subsidiary actions? Are they fully-fledged intentional actions (in the sense of things that we do for reasons) in their own right? In this paper I defend an affirmative answer to this question, against a recently influential form of scepticism. Drawing on a distinctive kind of ‘action-demonstrative’ (...) representation, I show that the sceptic's arguments do not go through. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Charm and Speed: Virtuosity in the Performing ArtsAnthony J. PalmerV. A. Howard, Charm and Speed: Virtuosity in the Performing Arts (New York: Peter Lang, 2008)There may be one other book on virtuosity, but nothing that approaches the depth of argument put forth by V. A. Howard in Charm and Speed. As the author states, “[t]his book offers an interpretation, analysis, and reconstruction of the concept of virtuosity which (...) plays so prominent a role in historical, critical, and theoretical discussions of artistic performance.”1 The book is not an easy read, however, because of Howard’s customarily esoteric vocabulary. While the writing is in fine style, there are too many occasions where the reader may be hampered by having to pause to reconsider what was stated, especially in some of the longer sentences, or because a dictionary consultation is warranted.Nevertheless, this is a must-read for voice and instrumental students and their teachers, coaches, and accompanists. Moreover, this book is a must-read for anyone working with performing artists; Howard covers the performance arts broadly, including theatre and dance as well. If you only surmise what virtuosity is, you will become intimately aware of its meaning and all its ramifications.Its casual use suggests that virtuosity can be found everywhere, from auto mechanics to baristas and even include, as Howard describes, cheetahs on the hunt and the kill. And although the cheetah is perfectly suited to find food to feed her [End Page 101] cubs, the intentional development of techniques and a conscious plan to attack her prey is questionable; she acts out of instinct. We can admire various manifestations of excellence, but their qualities do not measure up to the characteristics of virtuosity. Excellence in execution is not by such virtue virtuosic.The fact is performance in the arts requires a special understanding of virtuosity that must be narrowly applied under appropriate conditions. The ten chapters comprising the book deal with every facet of virtuosity in performance and clarify the issues forcefully and accurately. Charm and Speed is a brief treatise of only 134 pages, plus notes and a 3-page appendix. But in those chapters lie explanations to which most professional performers, teachers, and subsidiary personnel may need to give serious consideration. On the other end of the spectrum, for those who may require a less than keenly argued thesis, how much does one really need to know about virtuosity to enjoy fine, but lesser, performance? Some differences do need to be noted, however, and confusing virtuosity with other artistic appellations could be eliminated.At the outset, virtuosity can easily be confused with creativity, but the latter is more general while “a judgment of virtuosity is necessarily grounded in the observables of execution.”2 Howard’s outline of the conditions of virtuosity is carried throughout the discussion. Three parts comprise any consideration: 1) the performing individual or group “inclusive of training and manifest talent,” judged by experts; 2) the domain of the performance—acting, dancing, and playing the violin—must be specified; and 3) the audience comprised of a general audience and “critics, colleagues, and institutions” must render appropriate judgment.3 Virtuosity is not a single state but requires both process and achievement.Howard narrows his discussion on virtuosity to those in the performing arts, “to those who play instruments, or sing or act, dance or conduct,”4 with no other reason or intention but to render the artwork with unique interpretations at the highest level possible. Howard restricts discourse to allographic5 works in the Western tradition, an important distinction that I had considered questionable at first, but came to realize that virtuosity considered on a wider scale could be overly complicated. My experience with Japanese performing art, for example, would have to examine, Nô, Bunraku, Kabuki theatre, and traditional vocal and instrumental performance, among other things, all quite complex in their own right. Can a puppet in Bunraku be a virtuoso, or would it be the puppeteer? Further, Korean art forms such as pansori and African arts, where some cultures are communal rather than performed by superb practitioners, would all have to be considered. When the whole world is examined... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Citizenship and Culture in Early Modern EuropePeter N. MillerCharlotte Wells, Law and Citizenship in Early Modern France (Baltimore: The Johns Hopkins University Press, 1995), xviii, 198p.Paula Findlen, Possessing Nature: Museums, Collecting, and Scientific Culture in Early Modern Italy (Berkeley, Los Angeles, and London: University of California Press, 1994), xviii, 449p.Steven Shapin, The Social History of Truth: Civility and Science in Seventeenth-Century England (Chicago and London: University of Chicago Press, (...) 1994), xxiv, 483p.Anne Goldgar, Impolite Learning: Conduct and Community in the Republic of Letters 1680–1775 (New Haven and London: Yale University Press, 1995), xv, 395p.Lawrence Klein, Shaftesbury and the Culture of Politeness: Moral Discourse and Cultural Politics in Early Eighteenth-Century England (Cambridge, U.K., 1994), xiii, 217p.Daniel Gordon, Citizens Without Sovereignty: Equality and Sociability in French Thought, 1670–1789 (Princeton: Princeton University Press, 1994), viii, 270p.Dena Goodman, The Republic of Letters: A Cultural History of the French Enlightenment (Ithaca and London: Cornell University Press, 1994), xiii, 338p.E. J. Hundert, The Enlightenment’s “Fable”: Bernard Mandeville and the Discovery of Society (Cambridge: Cambridge University Press, 1994), xii, 284p.The pre-modern political world was broken and remade in the two centuries that separate Montaigne from Jefferson. The long agony of the mixed constitution that began in the civil wars which raged in Iberia, France, the Low Countries, and England and seemed settled by the widespread adoption of the maxims of reason of state, revived at the end of the period, with revolution in Poland, Denmark, Sweden, Geneva, and, more famously, [End Page 725] British North America and France. The problem, classically, turned on the location of sovereignty, or supreme authority, in political systems designed to balance and diffuse rather than concentrate power. When budget deficits and fratricidal culture wars raised the cry of “necessity”—with the knowledge, of course, that necessity knew no law—estates and kings across Europe found themselves at daggers drawn. The claim that the ruler, who naturally was wholly committed to the common good, had therefore the ability to take emergency action was used both by those accustomed to rule and those newly attained to it by force. The pursuit of an “interest” that was identified with the nation’s effectively marginalized discussions of right and law while still serving an essentially constitutional, justificatory role in political debate. But if unchecked authority was necessary in order to meet the challenge of a world characterized by change and chance and thus had to reside somewhere, was there anything that made its exercise by one body more appropriate than another? This was the question that lay behind the late eighteenth-century repudiation of the reason of state “solution” to the problem of the mixed constitution. The answer, which clearly underpinned the establishment in fact of what had first been theorized already a century earlier, was that only consent could legitimate the exercise of sovereignty in time of necessity.1Representation, in one form or another, was the acknowledged solution to the problem formulated by Hobbes: “the name of Tyranny, signifieth nothing more, nor less, than the name of Sovereignty, be it in one, or many men, saving that they that use the former word are understood to be angry with them they call Tyrants.” But representation also acknowledged the reality behind the charged category of “citizenship”: most people in most places could not be said to live the life of the active citizen celebrated in Roman republican literature. Hence Hobbes’s attack on recourse to classical exempla in general, and the Libertas of Lucca in particular. The idea of civis as law-abiding subject was as radical a redrawing of the terms of debate as the identification of human nature with unsociability. Insofar as politics, classically, justified itself as the means for individual self-perfection, the practice of the ancient citizen could be conceived of as the practice of that best life speculated upon by philosophers. For the represented citizen, however, politics necessarily occupied a more subsidiary position. What, then, defined the best life to which he could aspire?There is no simple answer to this question, and the early modern ambivalence has persisted into our own time... (shrink)

Relying on the systematic, logical, and analytical methods, national legislation and some internationally accepted guidelines, as well as on the research conducted by the Lithuanian scientists and law practitioners, this article consistently and comprehensively deals with the problems arising in the areas of interpretation and application of tax law. The article examines the relevant tax concepts, studies the tax law system, deals with the relevant issues arising in the field of application of legal regulations on taxation, and provides a particularly (...) detailed analysis of court jurisprudence within the context of the relationship between tax and law. On the basis of the analysis conducted, it was established that the basis for the Lithuanian tax law system consists of the Constitution of the Republic of Lithuania; the Law on Tax Administration; tax laws that lay down specific taxes and of by-laws adopted on their basis; national legal regulations that contain a consideration attribute and set mandatory payments to the State budget; the Law on Customs; ratified international agreements; the European Union legal regulations to the extent they are related to the duties, import excise duty, and value added tax; and the European Union directives in respect of direct and indirect taxes and the extent to which they are related to tax administration. When relationships in public law are directly regulated by the relevant public law regulations, it is not private law regulations, but the corresponding public law regulations that must be applied. In order to determine the need for tax authorities to rely on the regulations of the Civil Code, it is necessary to state the necessity to assess legal relationships from the point of view of private law or to identify a gap in legal regulation of public law due to which the norms of the Civil Code are subsidiary. Prior to establishing the tax base, the tax authority does not have to rebut transactions in civil procedure. The taxpayer’s obligation to fulfil tax liabilities that are properly prescribed by tax laws is not called into question by unlawful acts of other persons which constitute grounds for their civil (non-contractual) liability for the damages caused. The factual circumstances of tax relations established in the court cases heard in criminal and/or administrative procedures, do not need to be proved again – they are relied on in the course of tax inspections or when hearing tax disputes. The principle of equality of taxpayers requires tax administrators to give equal treatment to the facts with respect to all participants regarding the same tax relationship and obliges taxpayers to pay taxes honestly, because non-payment of taxes is a breach of public interest and therefore of this principle. In accordance with the principle of general applicability and equality, each taxpayer has an obligation to pay taxes as prescribed in tax legislation observing the calculation and payment procedures stipulated in the tax legal regulations, whereas the amount payable as established by the tax administrator shall be regarded as well-founded to the extent that it does not exceed the criterion of equality and reasonableness. The principle of clarity of taxation requires the tax administrator to adopt clear and comprehensive decisions with respect to the taxpayer and therefore to ensure their rights and legitimate interests. In the calculation of tax by applying the principle of primacy of content over form, it is necessary to establish that a transaction, an economic deal or indeed any group thereof has been concluded for the purpose of obtaining tax benefits. (shrink)

As the world moves into the 21st century, business managers face new and daunting challenges to their legitimacy. Those who run the world’s 72,0000 multinational firms and their 828,000 subsidiaries face special difficulties.1 These firms constitute a global economy that has produced much that is useful, including wondrous technologies and great wealth for many. Nevertheless, one in five of the world’s six billion people lives in extreme poverty, surviving on less than $1 a day. Half the world lives on less (...) than $2. In spite of roughly $1 trillion that has been spent to fight poverty around the globe in the last 50 years and vastly increased trade and investment, most people in Latin America, the Middle East and Central Asia are poorer today than they were ten years ago, and most Africans were better off 40 years ago.2 Environmental degradation increases, as do disease and violations of human rights. Unreasonable as it may be to blame business for the world’s ills, the blame sticks, because the ills — like multinationals — transcend national boundaries and are in many ways beyond the power of existing governments to affect. And global government has yet to evolve. Furthermore, the governments of many countries lack either the will or the ability to reduce poverty within their jurisdictions, meaning that if MNCs do not do it, it won’t be done.3 In addition to the undesirable costs of the globalisation they have helped to create, managers are concerned also with the greed, crime and scandal in their own ranks. So it is appropriate to help them inspect the assumptions that have been used to justify their power and authority, and to consider whether those assumptions need renovation. This I shall do in Part I of this essay. In Part II I shall seek a historical perspective, because in many ways the criticism of business and globalisation today echoes the debate in the 1930s about which economic system was best, communism, socialism or capitalism. Capitalism, we suppose, has won, but if so, what is it? Is it the same everywhere — in China, Japan, Europe, Mexico, the United States, and elsewhere? If not, is the very word not misleading? (shrink)

In lieu of an abstract, here is a brief excerpt of the content:IntroductionSherri Irvin, Guest Editor (bio)The idea for this special issue of the Journal of Aesthetic Education had its origins in the December 2007 event “The Art of Performance: Symposium in Honor of Jim Hamilton,” organized by Sandra Lapointe and Marcelo Sabatés and hosted by the Department of Philosophy at Kansas State University with the kind support of President Jon Wefald and the dean of the Faculty of Arts and (...) Sciences. The symposium was designed to celebrate the 2007 publication of Jim Hamilton’s The Art of Theater by Blackwell, as well as his many years of leading experimental theater programs for Kansas youth. Noël Carroll, David Davies, Aaron Meskin, and I were critics in an author-meets-critics session on The Art of Theater at the symposium, while Paul Thom was a critic for a session on the book at the 2007 Annual Meeting of the American Society for Aesthetics.The Art of Theater bears the stamp of Hamilton’s dual roles as a philosopher and an avid participant in contemporary theater practice. It is a philosophically sophisticated and richly informed treatment of the theoretical issues surrounding the practice of theater. It contributes greatly to filling what was a rather glaring hole in the philosophical literature: whereas music has received quite extensive treatment in recent decades, only a few philosophers have ventured into the complex territory of theater.Hamilton holds that theater is an independent form of art: theatrical performances are artworks in their own right, not subsidiary to or derivative of works in any other form (particularly literature). The process by which a theatrical performance is constructed, he suggests, involves such an extensive array of decisions by the performing company—including decisions about whether and how to make use of any preexisting text in the performance—that no text or literary work can be thought of as “the work” that is performed. Instead, the company’s activities generate the only work [End Page 1] at issue: namely, the performance itself. When a performance seems to bear a special relation to some repeatable entity, such as Hamlet, we should understand this as a relation the performance bears not to some literary text but to a tradition of other performances that have been collected under the Hamlet rubric. Accordingly, basic understanding of a theatrical performance does not require prior acquaintance with a text or literary work; spectators can have basic understanding of a performance as long as their responses demonstrate that they have followed what is happening as the performance itself unfolds. Spectators lacking extensive acquaintance with recent text-based theatrical practices, then, need not be stigmatized as lacking the resources to appreciate works of theater.In this issue Hamilton’s précis of the book is followed by the contributions of five critics who challenge the book’s central theses. The critics ask, Does Hamilton provide sufficient reason to reject the claim that at least some performances are of literary works, and can a satisfactory ontology of theater be developed if this claim is rejected? Even if theatrical performances are not of some text-based literary work, could they be of some other work, perhaps a work of theater that is generated through the performance practices of a company? Should spectators who follow what is happening moment-to-moment in a given performance, but fail to recognize that the performance parodies or satirizes some literary work, be said to have even basic understanding of what they have seen?Hamilton’s extensive replies to the critics will, I think, serve as a valuable supplement to the book, clarifying some of its central arguments and, in some instances, supplying new arguments for its theses. In particular, he points out that he did not intend for the book to provide a definitive argument for the thesis that theatrical performances are never performances of some other work; instead, he takes this thesis to emerge from a careful examination of theatrical practice. The aim of the book is to explore the implications of the thesis and to show how identification and appreciation of theatrical performances are possible if it is true. In this spirit, many of his claims should be given... (shrink)

This case is designed to help students analyze decision making from various ethical perspectives and to use stakeholder analysis. The case perspective is that of the CEO of Degussa AG, a multispecialty chemical company, headquartered in Düsseldorf, Germany. Degussa is considering whether to submit a bid to supply its anti-graffiti coating, Protectosil ® , for a new Memorial to the Murdered Jews in Europe being planned for Berlin. Degussa’s ethical dilemma is that a former Degussa subsidiary, Degesch, manufactured and (...) supplied the Zyklon B nerve gas used by the Nazis to kill Jews in the concentration camps during World War II. Although Degussa has made attempts both to acknowledge and to atone for its war-time Nazi collaboration, public disclosure of its bid has the potential to engulf Degussa in controversy when activists and Jewish leaders learn of it. Students are asked to evaluate the bid’s benefits and costs to Degussa’s stakeholders, to consider the relevance of a company’s historical legacy to contemporary decision making, and to explore how German corporate history during and after the Holocaust has parallels to human rights issues in other countries. (shrink)

In the “Principles of the Civil Code,” Jeremy Bentham identifies four “principles subsidiary to utility”: subsistence, abundance, equality, and security. Whereas these subsidiary principles form part of the bedrock of classical liberalism, in this essay I show that in the hands of his friend and disciple William Thompson, they are transformed into the foundations for socialism. Where Bentham prioritizes security over equality, and security of property takes a preeminent role, Thompson shows that the system of individual competition and (...) private property—his way of describing capitalism—is best characterized by the “inequality of security.” Based on the labor theory of property, Thompson argues that the system that assigns ownership to the providers of capital violates the workers’ security—the right to have the full produce of their labor secured to them. Thompson then reconciles security and equality, understanding them as mutually constitutive instead of in conflict. From his work... (shrink)

In the Doctrine of Virtue, Kant develops an elaborate virtue ethics grounded in two ends that are also duties: our own perfection and the happiness of others. Kant says apparently inconsistent things about the nature of these duties, however, leaving ambiguous precisely what the demands of Kantian virtue are. In the Doctrine of Virtue, Kant says that duties of virtue govern only our freedom to set ends, not our freedom of action; that such duties are not coercively enforceable; and that (...) there are only two of them. Yet in the Doctrine of Elements, Kant seems to contradict all these commitments by positing numerous additional duties of virtue, at least some of which (such as duties against suicide or excessive drinking) look to be coercively enforceable constraints on actions. In this paper I develop a cohesive account of Kant’s virtue ethics that reconciles these apparent contradictions. We should take Kant at his word, I argue, when he says that there are only two duties of virtue and that those duties exclusively constrain our internal freedom to set ends. Adopting the ends of virtue, however, involves cultivating a continuous and principled commitment to our own perfection and the happiness of others. The duties Kant describes in the Elements are intended to illustrate what subsidiary commitments would be entailed by a true commitment to the two required ends of virtue. They are not normatively independent duties, however, nor (contrary to appearances) are they coercively enforceable constraints on action. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Aristotle on Thought and Feeling by Paula GottliebCorinne GartnerPaula Gottlieb. Aristotle on Thought and Feeling. Cambridge: Cambridge University Press, 2021. Pp. 173. Hardback, $99.99.Paula Gottlieb's recent book is an illuminating, synoptic study of Aristotle's theory of human motivation, according to which his innovative notion of prohairesis (choice)—specifically, the virtuous agent's prohairesis—is the cornerstone. She argues against both Kantian-flavored readings, which prioritize reason's role in motivating ethical action, and (...) Humean-flavored readings, which emphasize the virtuous agent's well-habituated feelings. Gottlieb's account explains how the virtuous agent's prohairesis incorporates his or her feelings, desires, and thoughts, building in the motivational contributions of both the rational and nonrational parts of the psyche. The resulting treatment does justice to Aristotle's prima facie incongruous characterizations of prohairesis: on the one hand, it is the conclusion of deliberation, an explicitly rational process; on the other, it is an expression of character virtue.Although prohairesis is the unifying focus of the book, Gottlieb's project touches on a number of related controversies concerning Aristotle's ethics, including the process of moral habituation, the thorny phenomenon of akrasia, the relationship between contemplation and practically virtuous activity, and how to conceive of the connection between the aesthetic and ethical sides of to kalon (the fine). And it does so in a way that is attuned to ongoing scholarly debates without getting bogged down in them. Similarly, while she primarily concerns herself with the Nicomachean Ethics, Gottlieb helpfully draws upon material from other parts of the corpus—for example, she invokes, with appropriate caveats, Aristotle's discussion of feelings in the Rhetoric as well as De Anima. Lastly, some interesting subsidiary motifs animate the book, perhaps the most novel and provocative of which is the through line that connects her insightful understanding of eleos—which she translates, with helpful qualifications, as "sympathy" rather than "pity" (31)—with learning to be virtuous, as her fresh reading of Aristotle's Neoptolemus case exemplifies (98–102, 134–35). According to Gottlieb's hybridized picture of the good person's motivation, in the rational part of the soul the agent's wish is channeled via deliberation, which itself involves situation-specific information from the feelings, into the agent's prohairesis. In the nonrational part of the soul, the agent experiences a feeling that, strictly speaking, includes (a) a physiological component; (b) an impression of the circumstances, itself partly shaped by the agent's thought; and (c) a specific desire (chapter 2). The virtuous agent's nonrational desire will always correspond to—indeed, it, too, is channeled into—his or her prohairesis (79), the unified desiderative thought or thoughtful desire (NE VI.2, 1139b4–5), from which he or she then acts (chapter 4). The virtuous agent never experiences even mild psychic conflict, having a fully integrated soul whose two parts are in perfect harmony.At some points of Gottlieb's discussion, it seems as if all of these psychic components involved in the production of an action actually constitute the agent's prohairesis, while in other places it seems as though prohairesis is the discrete desiderative product. If one adopts the former conception, it is difficult to make sense of Aristotle's claim that the choice of the akratic agent, who acts on his or her errant nonrational desire, is correct. It turns out that the akratic agent's choice is correct because he or she has rightly judged what he or she should do, but it is distinct in composition from the good person's choice, since it does not [End Page 703] include his or her nonrational desire. One consequence of Gottlieb's view is thus that, as she indicates, the good person's prohairesis is sui generis. Another consequence is that, within the nonrational part of the soul, there may be physiological responses plus accompanying impressions (phantasiai) that, it seems, contain "motivational oomph" (40) but do not get channeled into desires. While her view avoids conflating the virtuous agent and the enkratic agent (who, despite acting correctly, experiences an occurrent nonrational desire to the contrary), there may be cases in which the virtuous... (shrink)

I consider James Hamilton’s discussion of what I term the complete autonomy thesis, according to which no theatrical performance is a performance of some other work. While agreeing with Hamilton that theatrical performances are often artworks in their own right and that theatrical performance is not a derivative or subsidiary art form, I argue that the complete autonomy thesis overshoots the evidence. Some theatrical performances are autonomous, but many belong to an established tradition of close adherence to the texts (...) of dramatic literature. In such cases, we should say both that the performance itself is an artwork and that it is a performance of some literary work. I suggest that this way of understanding things promotes appreciation of both performances themselves and the dramatic works of literature that are employed in their creation. (shrink)

In this essay I would like to outline the Christian perspective on solving economic issues based on documents of the Catholic Church. The term ‘economic personalism’ appeared in literature several years ago and has been used as a proposal of a new economic model which is supposed to be a synthesis of achievements of economic sciences and Christian moral theology. Pope John Paul II is believed to be one of its precursors or even founding-fathers. We shall sum up these significant (...) elements of papal personalism under the following heads: (1) A man is a person, namely an independent existence in material and personal, spiritual and material sense, rational and free. All these characteristics of a human being constitute a basis for his dignity and greatness; (2) A man is a free being. This means that he has to make choices between various values. Human freedom is closely related to the truth. The final objective of human freedom is love; (3) We can protect ourselves against alienation by acting and being together with others. We will avoid the danger of alienation when we make ourselves a gift for the other person and especially for God. Economic personalism develops John Paul II’s personalistic view in a creative way. Its program can be summarized by the following theses: (1) a man is the centre of economy; (2) a human being is the most important economic good; (3) work is part of the man’s calling; (4) reproducibility of goods is subordinated to the man’s integral development; (5) the right to participate constitutes inalienable human right; (6) the principle of subsidiary is an „intellectual” frame for social and economic order; (7) the market should not be absolutized; (8) solidarity with the poor and social justice constitute a basis of each economy. (shrink)

Time passes, and the inexorability of its passing has deep emotional significance. One of the main themes of this thesis involves an investigation into the metaphysical nature of the passage of time. What sort of metaphysical account of passage should be given? And do our emotional responses to temporal passage have metaphysical implications? The other main theme of the thesis is the issue of the metaphysics of persistence. When a thing is present at more than one time, what is the (...) metaphysical underpinning of its persistence? Some subsidiary issues, which are nevertheless important in their own right, are also discussed. There are interesting connections between the issues of persistence and these further issues, which include the nature of vagueness, and the distinction between intrinsic and extrinsic properties. (shrink)

The tension between Kant’s egalitarian conception of persons as ends in themselves and his rejection of the right of revolution has been widely discussed. The crucial issue is more fundamental: Is Kant’s defense of absolute obedience consistent with his own principle of legitimate law, that legitimate law is compatible with the Categorical Imperative? Resolving this apparent inconsistency resolves the subsidiary inconsistencies that have been debated in the literature. I argue that Kant’s legal principles contain two distinct grounds of obligation (...) to obey political authority. One lies in his metaphysical principles of law, according to which there is only a duty to obey legitimate law or fully legitimate authorities. Another lies in his moral-pragmatic principles. He believes that membership in the state helps improve one’s character by counter-balancing one’s immoral inclinations. This is his ultimate ground for obedience to de facto, imperfectly legitimate states. On this ground, the duty to obey an actual state is conditional. Kant’s strong statements about the duty to obey actual states is explained by the ease with which he thinks the relevant condition is met by extant states. The apparent ambiguities in his discussion of obedience point to some important philosophical and historical shortcomings of his analysis of the division of govemmental powers and of judicial competence which hamper his analysis of the duty to obey the state. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:564 BOOK REVIEWS illuminating re-examination of the category of inwardness in Kierkegaard 's writings. The majority of the essays in the hook are similarly suggestive and will prove rewarding and interesting reading-they echo the aim and gift, share by Wittgenstein and Kierkegaard, of "making their readers thinkers" (xvi). University of Virginia Charlottesville, Virginia M. JAMIE FERREIRA Let the Future Come. By WILFRED DESAN. Washington, D.C.: Georgetown University Press, 1987. (...) Pp. 152. $9.95 (paper). Toward a lust Social Order. By DEREK L. PHILLIPS. Princeton: Princeton University Press, 1986. Pp. 434. $12.50. After several decades of doldrum thinking, social ethics, i.e., personal and political ethics done on the same canvas, is undergoing a welcome renewal. Perhaps spurred by the growing awareness of the massive problems of our tiny planet, thinkers from diverse areas are beginning to offer what the social sciences call "grand theory." Both Desan and Phillips make valuable contributions to this project and represent the best levels of refleotion from the teleological and deontological perspectives respectively. Desan's essay is the final volume of three, hut may be read independently of the earlier studies, discussed by this reviewer in 1973 in The Thomist (Vol. 37, pp. 249-255). If Desan has a core concept for his thinking it is planetary peace and the human individual as gardener and guardian of this admittedly future state of affairs. Phillips, critically inheriting the Anglo-American rights tradition, focuses on the person, not the planet, on the distinctiveness of the part, not on Desan's projeotion of a whole humanum composed of parts (each a member of the human community yet only a member). The metaphysical background here, then, is the whole-of-parts versus parts·of-awhole dialectic. Read together the two works would truly stimulate a graduate ethics seminar, for we see the renewal of ethical,thinking against some classical ontological themes. For Desan, the person is homo custos, self-aware becoming otheraware ; for Phillips, the person is the source and enactor of rights. He offers heavy criticism of the virtue/community school's orientation towards the common good of society, with subsidiary private rights located within that context. This is the weakest part of his massive survey of recent ethics. Phillips simply cannot see the reality of human community, which is exactly what Desan is determined to project as BOOK REVIEWS 565 our only possible future. Desan's combination of Thomism and Hegel stands to the far side of Phillips's Lockean stress on private rights as the base criterion for any future just public order. We will look first at Desan's final effort to summarize a notion of " planetary " existence that will be valid both individually and communally and then turn to Phillips's detailed, Rawls-like approach. Desan's argument against the primacy of the individual over the world community was carefully nuanced in his two earlier volumes; he has no intention of denigrating the person in order to celebrate the planet, and he is no partisan of the " deep ecology " effort to elevate nature above the sub-category human nature. His planet is social and political, a cosmic existent dependent upon specifically human activitynot individual activity at either the personal or national levels but activity at the level of the total earth population. He is not so much detailing yet another agenda for a New World Order as he is striving to raise modern individualized consciousness to a height where the reality of interdependency is rationally undeniable. Desan's appreciative critique of Husserl's individualized consciousness in his first volume, A Noetic Prelude to a United World, displayed the plight of personalized consciousness as against planetary awareness. In this final panel of his triptych, he synthesizes that critique: "Where the individual Observer is the magister, there are as many worlds as there are magistri." This privatized existence is not to be denied but rather seen for what it is: a limit instead of a secure startpoint for either ethical or epistemological theory. His second volume stressed that our very awareness of this limitation gives rise, perhaps in a Hegelian dialectic, to potential for participation in global existence. To resist this cooperative... (shrink)