This article attempts to demonstrate, via the famous Hart‐Dworkin debate on the nature and functions of judicial discretion, that substantial jurisprudential disputes as well as theories can, and do, arise from misconceived critiques, whether intended or otherwise. It also seeks to show that, whilst Dworkin's initial critique of Hart was misconceived, his theory of adjudication that arose as a result of responses to his initial views is a positive contribution to learning, although 1 argue that Dworkin's views are not, in (...) the final analysis, sufficiently persuasive to constitute a radical departure from Hart's own views. (shrink)

Roles and values -- Institutions and organisations -- Regulation and discipline -- The relationship -- Conflicts of interest -- Confidentiality and privilege -- Thir parties (non-clients) -- Social responsibility -- Professional responsibility -- Litigation and advocacy -- Settlement -- Commercial practice.

Self regulation and high ethical standards are considered the distinguishing and defining characteristics of the legal profession. Yet they are under attack from the state and the public. Why? Some argue that the legal profession's codes of conduct are a hotchpotch of rules without any clear ethical basis. For the first time in English and Welsh history,Boon and Levin systematically address these questions. The most important are as follows: Is self-regulation crucial to the survival of the legal profession? What (...) fundamental philosophical principles govern ideas of professional conduct? Are the present codes regulating solicitors and barristers consistent with these principles? And, looking forward, are they appropriate when the legal profession faces radical social, political and economic change? These issues are of interest to everyone concerned with the dynamics of the justice system in England and Wales. Without an independent legal profession, is justice possible? Students, teachers and practitioners will find this the first comprehensive and interdisciplinary guide to and analysis of professional conduct and ethics. (shrink)

The handling of cases under the Coal Health Compensation Schemes, set up in 1999 to compensate miners suffering from workplace medical conditions, resulted in over 100 solicitors from more than 30 firms facing disciplinary proceedings. Three were struck off, three suspended and over forty fined following the largest investigation ever mounted by the regulator. This article examines the political and regulatory context of the scandal, describes one of the cases presented to the Solicitors' Disciplinary Tribunal and examines the relevance of (...) theories of transgression to professional disciplinary matters. It concludes by considering the regulatory impacts and implications of the scandal. (shrink)

This article analyses the regulatory handbooks produced by the new regulators for solicitors and barristers, the main legal professions in England and Wales, following the Legal Services Act 2007. It focuses on the new codes of conduct and the 10 high-level regulatory standards that are a feature of each handbook. The article examines the ways in which key interests have been dealt with in the handbooks from the perspective of the historical narratives of the legal professions and their publications, including (...) their previous codes of conduct. It is found that the barristers’ and solicitors’ codes project different ethical orientations towards the supposedly universal ‘standard conception of the lawyer’s role’ based on the principles of neutrality and partisanship. The origins, meaning and significance of the high-level standards are considered. They are found not to reflect the content of the codes of conduct or to communicate cherished elements of the professions’ historical narratives. It is argued that this is problematic in terms of the professional functions of regulation, education and communication. (shrink)

At the International Legal Ethics Conference IV held at Stanford Law School between 15 and 17 July 2010, one of the two opening plenary sessions consisted of a panel who debated the proposition that legal ethics should be mandatory in legal education. The panel included leading legal ethics academics from jurisdictions around the world—both those where legal ethics is a compulsory part of the law degree and those where it is not. It comprised Professors Andrew Boon, Brent Cotter, (...) Christine Parker, Stephen L Pepper and Richard Wu, and was organised and chaired by Professor Kim Economides. This is an edited version of the panel's discussion. It provides a useful summary of the state of legal ethics teaching in the jurisdictions represented as well as a marshalling of the arguments for and against legal ethics as a required course in the university law degree. (shrink)

Threshold- and signal-detection-based models have dominated theorizing about recognition memory. Building upon these theoretical frameworks, we have argued for a dual-process model in which conscious recollection and familiarity contribute to memory performance. In the current paper we assessed several memory models by examining the effects of levels of processing and the number of presentations on recognition memory receiver operating characteristics . In general, when the ROCs were plotted in probability space they exhibited an inverted U shape; however, when they were (...) plotted inzspace they exhibited a U shape. An examination of the ROCs showed that the dual-process model could account for the observed ROCs, but that models based solely on either threshold or signal-detection processes failed to provide a sufficient account of the data. Furthermore, an examination of subjects' introspective reports using the remember/know procedure showed that subjects were aware of recollection and familiarity and were able to consistently report on their occurrence. The remember/know data were used to accurately predict the shapes of the ROCs, and estimates of recollection and familiarity derived from the ROC data mirrored the subjective reports of these processes. (shrink)

Evidence has accumulated that rod activation under mesopic and scotopic light levels alters visual perception and performance. Here we review the most recent developments in the measurement of rod and cone contributions to mesopic color perception and temporal processing, with a focus on data measured using the four-primary photostimulator method that independently controls rod and cone excitations. We discuss the findings in the context of rod inputs to the three primary retinogeniculate pathways to understand rod contributions to mesopic vision. Additionally, (...) we present evidence that hue perception is possible under scotopic, pure rod-mediated conditions that involves cortical mechanisms. (shrink)

Douglas Hartree and Hilleth Thomas were graduate students together at Cambridge University in the mid-1920s. Each developed an important approximation method to calculate the electronic structure of atoms. Each went on to make significant contributions to numerical analysis and to the development of scientific computing. Their early efforts were fused in the mid-1960s with the development of an approach to the many-particle problem in quantum mechanics called density functional theory. This paper discusses the experiences which led Hartree and Thomas to (...) their approximations, outlines the similarities in their subsequent careers, and highlights the essential role their work played in the foundational papers of modern density functional theory. (shrink)

One objection to the principle of public reason is that since there is room for reasonable disagreement about distributive justice as well as about human flourishing, the requirement of reasonable acceptability rules out redistribution as well as perfectionism. In response, some justificatory liberals have invoked the argument from higher-order unanimity, or nested inclusiveness. If it is not reasonable to reject having some system of property rights, and if redistribution is just the enforcement of a different set of property rights, redistribution (...) is legitimate if chosen democratically. This article explores two problems with this response. First, there are different ways to describe the set of possible policies, and so different ways to specify the noncoercive default that obtains in the absence of conclusive justification. Second, if the coercive exercise of political power must be conclusively justified, policies that are more coercive ought to require conclusive justification as against policies that are less coercive. These problems about the baseline with respect to which we require public justification raise the question of how we measure coercion, and whether or in what sense there is a presumption against coercion. The article distinguishes and argues against three such presumptions. (shrink)

Detailed studies of people who have experienced the Capgras delusion (the delusion that certain other people, usually close relatives, have been replaced by impostors) have led to advances in constructing an account which can deal with the basic symptomatology, testing alternative possibilities, generating and testing non‐trivial predictions, and broadening the scope of the basic account to encompass other delusions. This paper outlines these developments. It uses them to explore implications for understanding the formation and maintenance of beliefs, and to discuss (...) basic principles of what has come to be known as cognitive neuropsychiatry. (shrink)

The techniques that some large multinational corporations use to reduce their tax liability have come under increasing public scrutiny in recent years, alongside governmental investigations and international commitments aimed at curbing opportunities for tax avoidance. Although discussion of tax avoidance activities, and their regulatory responses, is often conducted with reference to moral concepts, philosophical analysis of the ethics of multinational tax avoidance remains limited. In particular, the virtue ethics tradition that emphasises the agent and the performance of specific roles has (...) not been considered in detail. This paper examines how the contemporary virtue ethics of Alasdair MacIntyre can be applied to the issue of multinational tax avoidance, and considers the role that accountants play in these activities. It argues, firstly, that MacIntyre’s approach provides a more useful philosophical analysis of the issue and, secondly, that the main parties involved are likely to agree with the main tenets of this approach. The paper also contributes by reconceptualising, using MacIntyre’s scheme, the issue of tax avoidance in relation to Donald Cressey’s ‘fraud triangle’. (shrink)

Within our chapter, we consider the divide between theorists and activists within the nonhuman animal movement. We consider the recent reflections on the successes and failures of the movement before arguing that instead of a methodological reason that perhaps the source of the movement’s overall lack of success is the result of this theory/practice gulf. In the first part of the chapter we consider how both theory and practice must be linked together in order for the nonhuman movement to become (...) more effective, and argue that activists ought to ground their action more than currently occurs while theorists must focus more on actual, practical ways to aid nonhuman animals while also actively partake in action themselves. In the second part we consider this approach in regard to anthropocentrism and the poorly explored intersection between interspecies ethics and the ethics of war and self-defence. We argue that with the former, anthropocentrism when understood correctly not only results in problems for the movement that need to be confronted but that rejecting anthropocentrism has important implications on theoretical and practical issues, such as intervention. With the latter, we argue that questions concerning direct action and the moral permissibility of using violence to protect nonhuman animals from human oppression cannot be answered within interspecies ethics alone. It is necessary to make use of a more sophisticated and accurate terminology, which can only be found in the ethics of war and self-defence literature. (shrink)

This Special Issue commemorates the 60th anniversary of Business & Society with nine rigorous literature reviews that address important societal problems and provide opportunities for theory development in the business and society field; in this introduction we present an overview of the Special Issue. With the theme “Building on Its Past,” the nine articles address a host of contemporary issues, including climate change, wicked problems, business and human rights, human health, certifications standards, the governance of artificial intelligence, stakeholder engagement, stakeholder (...) theory, and corporate political activity. Together, these reviews offer a wealth of suggested themes, theories and approaches that can drive our research forward for the next decades in business and society research and practice. Using the lens of a miner-prospector continuum to categorize the diversity of articles within this special issue, a common theme emerges across the portfolio of reviews: they all call for a more systemic and integrative perspective toward studying the complex interactions that link business and society actors and issues. Building on these findings, we encourage future scholars to fill long-standing researched gaps through a more open systems approach, which supports both contextually sensitive and multi-level and multi-disciplinary approaches to address grand societal challenges. We conclude with specific suggestions as to how business and society scholars might use an open systems approach, including embracing methodologies to address complex causal pathways, theorizing with a view towards spanning external and internal elements of an organization, and reflecting on the temporal and spatial dynamics of complex systems. (shrink)

Evans’ 1968 ANALOGY system was the first computer model of analogy. This paper demonstrates that the structure mapping model of analogy, when combined with high‐level visual processing and qualitative representations, can solve the same kinds of geometric analogy problems as were solved by ANALOGY. Importantly, the bulk of the computations are not particular to the model of this task but are general purpose: We use our existing sketch understanding system, CogSketch, to compute visual structure that is used by our existing (...) analogical matcher, Structure Mapping Engine (SME). We show how SME can be used to facilitate high‐level visual matching, proposing a role for structural alignment in mental rotation. We show how second‐order analogies over differences computed via analogies between pictures provide a more elegant model of the geometric analogy task. We compare our model against human data on a set of problems, showing that the model aligns well with both the answers chosen by people and the reaction times required to choose the answers. (shrink)

In an important piece of work Derek Parfit distinguishes two different forms of egalitarianism, ‘Deontic’ and ‘Telic’. He contrasts these with what he calls the Priority View, which is not strictly a form of egalitarianism at all, since it is not essentially concerned with how well off people are relative to each other. His main aim is to generate an adequate taxonomy of the positions available, but in the process he draws attention to some of the different problems they face. (...) I shall argue that there are forms of egalitarianism overlooked by Parfit which avoid the problems encountered by Deontic and Telic Egalitarians. (shrink)

In science policy, it is generally acknowledged that science-based problem-solving requires interdisciplinary research. For example, policy makers invest in funding programs such as Horizon 2020 that aim to stimulate interdisciplinary research. Yet the epistemological processes that lead to effective interdisciplinary research are poorly understood. This article aims at an epistemology for interdisciplinary research, in particular, IDR for solving ‘real-world’ problems. Focus is on the question why researchers experience cognitive and epistemic difficulties in conducting IDR. Based on a study of educational (...) literature it is concluded that higher-education is missing clear ideas on the epistemology of IDR, and as a consequence, on how to teach it. It is conjectured that the lack of philosophical interest in the epistemology of IDR is due to a philosophical paradigm of science, which prevents recognizing severe epistemological challenges of IDR, both in the philosophy of science as well as in science education and research. The proposed alternative philosophical paradigm entails alternative philosophical presuppositions regarding aspects such as the aim of science, the character of knowledge, the epistemic and pragmatic criteria for accepting knowledge, and the role of technological instruments. This alternative philosophical paradigm assume the production of knowledge for epistemic functions as the aim of science, and interprets ‘knowledge’ as epistemic tools that must allow for conducting epistemic tasks by epistemic agents, rather than interpreting knowledge as representations that objectively represent aspects of the world independent of the way in which it was constructed. The engineering paradigm of science involves that knowledge is indelibly shaped by how it is constructed. Additionally, the way in which scientific disciplines construct knowledge is guided by the specificities of the discipline, which can be analyzed in terms of disciplinary perspectives. This implies that knowledge and the epistemic uses of knowledge cannot be understood without at least some understanding of how the knowledge is constructed. Accordingly, scientific researchers need so-called metacognitive scaffolds to assist in analyzing and reconstructing how ‘knowledge’ is constructed and how different disciplines do this differently. In an engineering paradigm of science, these metacognitive scaffolds can also be interpreted as epistemic tools, but in this case as tools that guide, enable and constrain analyzing and articulating how knowledge is produced. In interdisciplinary research, metacognitive scaffolds assist interdisciplinary communication aiming to analyze and articulate how the discipline constructs knowledge. (shrink)

The purpose of this article is to develop an epistemology of scientific models in scientific research practices, and to show that disciplinary perspectives have crucial role in such an epistemology. A transcendental approach is taken, aimed at explanations of the kinds of questions relevant to the intended epistemology, such as “How is it possible that models provide knowledge about aspects of reality?” The approach is also pragmatic in the sense that the questions and explanations must be adequate and relevant to (...) concrete scientific practice. First it is explained why the idea of models as representations in terms of similarity or isomorphism between a model and its target is too limited as a basis for this epistemology. An important finding is that the target-phenomenon is usually not something that can be observed in a straightforward manner, but requires both characterization in terms of measurable variables and subsumption under concepts. The loss of this basis leads to a number of issues, such as: how can models be interpreted as representations if models also include conceptually meaningful linguistic content; how can researchers identify non-observable real-world target-phenomena that are then represented in the model; how do models enable inferential reasoning in performing epistemic tasks by researchers; and, how to justify scientific models. My proposal is to deal with these issues by analyzing how models are constructed, rather than by looking at ready-made models. Based on this analysis, I claim that the identification of phenomena and the construction of scientific models is guided and also confined by the disciplinary perspective within which researchers in a scientific discipline have learned to work. I propose a Kuhnian framework by which the disciplinary perspective can be systematically articulated. Finally, I argue that harmful forms of subjectivism, due to the loss of the belief that models objectively represent aspects of reality, can be overcome by making the disciplinary perspective in a research project explicit, thereby enabling its critical assessment, for which the proposed Kuhnian framework provides a tool. (shrink)

Unlike basic sciences, scientific research in advanced technologies aims to explain, predict, and (mathematically) describe not phenomena in nature, but phenomena in technological artefacts, thereby producing knowledge that is utilized in technological design. This article first explains why the covering-law view of applying science is inadequate for characterizing this research practice. Instead, the covering-law approach and causal explanation are integrated in this practice. Ludwig Prandtl's approach to concrete fluid flows is used as an example of scientific research in the engineering (...) sciences. A methodology of distinguishing between regions in space and/or phases in time that show distinct physical behaviours is specific to this research practice. Accordingly, two types of models specific to the engineering sciences are introduced. The diagrammatic model represents the causal explanation of physical behaviour in distinct spatial regions or time phases; the nomo-mathematical model represents the phenomenon in terms of a set of mathematically formulated laws. (shrink)

In this paper I give a novel argument for this view that the AGENT concept has an externalist semantics. The argument argues the conclusion from two premises: first, that our first relationships to agents is through a subpersonal mechanism which requires for its function an agential proto-concept which refers directly; and second, that there is a continuity of reference between this proto-concept and the mature concept AGENT. I argue the first on the basis of results in the developmental psychology of (...) social cognition. I argue the second on the basis of a process of elimination, by considering three possibilities for the relationship between the two concepts. On the basis of these two premises the conclusion is drawn that AGENT is a concept that refers directly. That has the following consequences for the philosophy of action: first, that “action” is not an appropriate term for reductive analysis, as the causal theory of action assumes; and second, that we should be looking to the appropriate empirical disciplines for an elucidation of the concept. (shrink)

This article provides an ethical analysis of the U.S. practice guideline update on disorders of consciousness. Our analysis focuses on the guideline’s recommendations regarding the use of investigational neuroimaging methods to assess brain‐injured patients. Complex and multifaceted ethical issues have emerged because these methods alter the clinical understanding of consciousness. We address issues of false hope, patient suffering, and cost. We argue that, in spite of these concerns, there is significant benefit to using neuroimaging to assess brain‐injured patients in most (...) cases. (shrink)

If good argument is virtuous, then fallacies are vicious. Yet fallacies cannot just be identified with vices, since vices are dispositional properties of agents whereas fallacies are types of argument. Rather, if the normativity of good argumentation is explicable in terms of virtues, we should expect the wrongness of fallacies to be explicable in terms of vices. This approach is defended through case studies of several fallacies, with particular emphasis on the ad hominem.

_From Romanticism to Critical Theory_ explores the philosophical origins of literary theory via the tradition of German philosophy that began with the Romantic reaction to Kant. It traces the continuation of the Romantic tradition of Novalis, Friedrich Schlegel and Schleiermacher, in Heidegger's approaches to art and thruth, and in the Critical Theory of Benjamin and Adorno. Andrew Bowie argues, against many current assumptions, that the key aspect of literary theory is not the demonstration of how meaning can be deconstructed, (...) but rather the relevation of how questions of language and literature change modern philosophical conceptions of thruth. He shows how the dialogue between literary theory, hermeneutics and analytical philosophy can profit from a re-examination of the understanding of language, thruth and literature in modern German philosophy. _From Romanticism to Critical Theory_ will provide a vital new introduction to central theoretical questions for students of philosophy, literature, German studies, cultural and social theory. (shrink)

The article offers a critical but sympathetic reflection on the development of classical and post-classical French sociology. From Comte onwards, I suggest, the modern French treatment of the social has been preoccupied with socio-theological questions; and even with the radical deconstruction of any society-god, this continues to be the case. There are distinctive historical reasons for this (including the Catholic inheritance and an enduring legitimacy problem for the Republican state); but the significance of the issues raised by this intellectual tradition (...) as a result goes beyond the limits of national context. In an age of post-histoire and the `death' of everything, the `French' travails of social ontology, including the quasi-religious register in which these have occurred, have deep and continuing import for any would-be progressive social theory as such. We need to rethink the `we'. With such considerations in mind, the body of the article considers Comte's concept of Humanity and Baudrillard's `end of the social' as exemplifying key aspects of the beginning (reconstructive) and ending (deconstructive) phases of the French sociological story. What began as a detour in the `death of God', I argue, has terminated in a `second death of God' in which a replacement divinity and the rationalist faith associated with it have disintegrated and become impossible to think. But the logic of this development has not been straightforward. It is marked by a double paradox. An interrogation of Comte's `Humanity' reveals it to be a semi-conscious exercise in simulation, haunted by the implications of its own emptiness. On the one hand, then, the attempted religious founding founded nothing (it made a transcendent of its own intended re-socializing effects). On the other hand, as exemplified by Baudrillard's pronouncements about the end of the social, the moment of disintegration has itself seemed to offer a new socio-theological opening. Rather than mourn the anomic or hyper-real impossibility of a transcending `we', Baudrillard would shift terrain in a quasi-Nietzschean (or Bataillian) transvaluation. This implies (against Baudrillard himself) not the definitive end of the French `sociological' project, but the possibility of its continuation, albeit under erasure and in a new key. (shrink)

We propose that corporations should be subject to a legal obligation to identify and internalise their social costs or negative externalities. Our proposal reframes corporate social responsibility as obligated internalisation of social costs, and relies on reflexive governance through mandated hybrid fora. We argue that our approach advances theory, as well as practice and policy, by building on and going beyond prior attempts to address social costs, such as prescriptive government regulation, Coasian bargaining and political CSR.

Alasdair MacIntyre’s After Virtue presented a reinterpretation of Aristotelian virtue ethics that is contrasted with the emotivism of modern moral discourse, and provides a moral scheme that can enable a rediscovery and reimagination of a more coherent morality. Since After Virtue’s publication, this scheme has been applied to a variety of activities and occupations, and has been influential in the development of research in accounting ethics. Through a ‘close’ reading of Chaps. 14 and 15 of AV, this paper considers and (...) applies the key concepts of practices, institutions, internal and external goods, the narrative unity of a human life and tradition, and the virtues associated with these concepts. It contributes, firstly, by providing a more accurate and comprehensive application of MacIntyre’s scheme to accounting than that available in the existing literature. Secondly, it identifies areas in which MacIntyre’s scheme supports the existing approach to professional accounting ethics as articulated by the various International Federation of Accountants pronouncements as well as areas in which it provides a critique and challenge to this approach. The application ultimately provides an alternative philosophical perspective through which accounting can be examined and further research into accounting ethics pursued. (shrink)

This article presents an overview of discussions in the philosophy of technology on epistemological relations between science and technology, illustrating that often several mutually entangled issues are at stake. The focus is on conceptual and ideological issues concerning the relationship between scientific and technological knowledge. It argues that a widely accepted hierarchy between science and technology, which echoes classic conceptions of epistêmê and technê, engendered the need of emancipating technology from science, thus shifting focus to epistemic aspects of engineering design (...) and design methodology at the cost of in-depth philosophical analysis of the role of scientific research in the engineering sciences. Consequently, the majority of current literature on this topic in the philosophy of technology presents technology as almost completely divided from and independent of science, thereby losing sight of the epistemic relations between contemporary scientific practices and technology. (shrink)

Singapore, a highly affluent island city-state located in Southeast Asia, has increasingly leveraged new assisted reproductive technologies (ART) to overcome its dismal fertility rates in recent years. A new frontier in ART is preimplantation genetic testing (PGT) for polygenic risk scores (PRS) to predict complex multifactorial traits in IVF (in vitro fertilisation) embryos, such as type 2 diabetes, cardiovascular diseases and various other characteristics like height, intelligence quotient (IQ), hair and eye colour. Unlike well-known safety risks with human genome editing, (...) there are negligible risks with PGT-P, because there are no man-made genetic modifications that can be transmitted to future generations. Nevertheless, the current efficacy of using PGT-P to select IVF embryos for either increased or decreased probability of developing specific polygenic traits is still far from certain. Hence, the regulatory safeguards proposed here will be based on the assumption that the efficacy of this new technology platform has already been validated. These include: (1) restricting the application of PGT-P only for prevention of clinically relevant polygenic disease traits, (2) securely blocking patients’ access to the raw genomic DNA sequencing data of their IVF embryos, (3) validating diagnosis of polygenic disease traits in the prospective parents/grandparents of IVF embryos, and restricting PGT-P only for preventing specifically diagnosed polygenic disease traits and (4) mandating rigorous and comprehensive genetic counselling for IVF patients considering PGT-P. There is an urgent and dire need to prevent abuse of the PGT-P technique, as well as protect the interests and welfare of patients if its clinical application is to be permitted in the country. (shrink)

Eric Schwitzgebel, Fiery Cushman, and Joshua Rust have conducted a series of studies of the thought and behavior of professional ethicists. They have found no evidence that ethical reflection yields distinctive improvements in behavior. This work has been done on English-speaking ethicists. Philipp Schönegger and Johannes Wagner replicated one study with German-speaking professors. Their results are almost the same, except for finding that German-speaking ethicists were more likely to be vegetarian than non-ethicists. The present paper devises and evaluates eleven psychological (...) hypotheses (along with one from Schönegger and Wagner) aimed at explaining why ethical reflection might have motivational influence for this topic but not for others. Three hypotheses are judged to be plausible at this initial stage: generic emotional support, perception of cost as a source of emotional obstacles, and social categorization. (shrink)