Many-minds arguments are flooding into legal theory. Such arguments claim that in some way or another, many heads are better than one; the genus includes many species, such as arguments about how legal and political institutions aggregate information, evolutionary analyses of those institutions, claims about the benefits of tradition as a source of law, and analyses of the virtues and vices of deliberation. This essay offers grounds for skepticism about many-minds arguments. I provide an intellectual zoology of such arguments and (...) suggest that they are of low utility for legal theory. Four general and recurring problems with many-minds arguments are as follows: (1) Whose minds?: The group or population whose minds are at issue is often equivocal or ill-defined. (2) Many minds, worse minds: The quality of minds is not independent of their number; rather, number endogenously influences quality, often for the worse. More minds can be systematically worse than fewer because of selection effects, incentives for epistemic free-riding, and emotional and social influences. (3) Epistemic bottlenecks: In the legal system, the epistemic benefits of many minds are often diluted or eliminated because the structure of institutions funnels decisions through an individual decisionmaker, or a small group of decisionmakers, who occupy a kind of epistemic bottleneck or chokepoint. (4) Many minds vs. many minds: The insight that many heads can be better than one gets little purchase on the institutional comparisons that pervade legal theory, which are typically many-to-many comparisons rather than one-to-many. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 30.1 (2006) 102-117 [Access article in PDF] Gossip and Literary Narrative Blakey Vermeule Northwestern University Since its murky origins in Grub Street, a specter has haunted the novel—the specter of gossip. In its higher-minded mood, literary narratives have been very snobbish about gossip and the snobbishness is unfair. Even the most casual reader of social fiction will recognize that gossiping is what characters do most (...) passionately. However, they can neither admit nor be aware of it. Only minor or morally compromised characters are allowed to indulge in its pleasures. Matronly middle-aged women, chatty maids, little girls, and effeminate fops are the ones who gossip; their more reflective counterparts—the men and women designated as heroes and heroines—only briefly tolerate such idle chatter. Gossip is derided, decried, condemned, and maligned. It is womanish, low, slavish, servantish, silly, pert, loose, wanton, jiggetty, mean. It is the "tittle-tattle of Highbury" in Austen's Emma, an activity for the old maid Miss Bates and her even older, blind, and senile mother. In Middlemarch, although the world is "apparently a huge whispering-gallery," the greatest gossip of all is Mrs. Cadwallader, a matron with a mind like "phosphorous, biting at everything" (Spacks, p. 194). In Richardson's Clarissa, Lovelace—a man not known for his indifference to social information—airily dismisses gossip as "the female go-round." (In novels, the male equivalents of the "female go-round" tend to be such despised modes of exchange as business letters, gambling, chess, and games of chance.) Gossip has always been a part of charivari with the power to turn the world upside down. It also has the power to destroy lives (Les Liasons Dangereuses) and to derail love (when it becomes the "prejudice" of Pride and Prejudice). If it ever innocent, it is only because it is meaningless.Gossip is all of these things even—especially—when it powers the [End Page 102] whole narrative. This paradox is evident almost anywhere we choose to look. Social novelists view the stuff of direct, unmediated social information as so intense that it requires special handling—even disavowal. I will briefly survey examples from French, English, and Russian fiction. The first is a lurid and overheated speech by Henri de Marsay, the peculiar hero of Balzac's short novel, The Girl with the Golden Eyes (1815). De Marsay is a dissipated aristocrat in love with a mysterious young girl who, he finds out much later, is the sexual slave of de Marsay's long-lost sister. But first, after a night of passion that "had begun with a slow trickle of pleasures and ended in overflowing torrents," de Marsay realizes, when his lover accidentally lets slip the name of his rival, that the person he is competing with is female. The next day he becomes consumed with a bitter plan to kill his faithless lover. He reflects to his friend Paul "Upon my honor, man is a clown dancing on the edge of a cliff. We're told about the immorality of Les Liaisons dangereuses, and some book with the name of a chambermaid. But there is one ghastly, dirty, dreadful, corrupting book that is always open and never closed, the great book of the world—not to mention another book, a thousand times more dangerous, that consists of everything passed on by word of mouth between men or women behind their fans at the ball."1 Even though de Marsay is a corrupt aristocrat, his sentiments are little different from those the narrator expresses in the book's opening chapter, a panoptic survey of Parisian life as a glorious mosaic of infection, rot, and moral disease.In Emily Bronte's Wuthering Heights, Heathcliff's new tenant Lockwood breaks his self-imposed exile from social life by pressing the housekeeper Nellie Dean to do what housekeepers do best and launch into an aggrieved saga about her master's family. He wants her to serve up the gossip hot. "I ate..., hoping sincerely she would prove a regular gossip, and either rouse me to animation, or lull me to sleep... (shrink)

These remarkable essays include Cornelius Castoriadis's latest contributions to philosophy, political and social theory, classical studies, development theory, cultural criticism, science, and ecology. Examining the "co-birth" in ancient Greece of philosophy and politics, Castoriadis shows how the Greeks' radical questioning of established ideas and institutions gave rise to the "project of autonomy". The "end of philosophy" proclaimed by Postmodernism would mean the end of this project. That end is now hastened by the lethal expansion of technoscience, the waning of (...) political and social conflict, and the resignation of intellectuals who blindly defend Western culture as it is or who merely denounce or "deconstruct" it as it has been. Discussing and criticizing Plato, Aristotle, Leibniz, Kant, Hegel, Weber, Heidegger, and Habermas, the author of The Imaginary Institution of Society and Crossroads in the Labyrinth poses a radical challenge to our inherited philosophy. (shrink)

In this posthumous collection of writings, Cornelius Castoriadis (1922-1997) pursues his incisive analysis of modern society, the philosophical basis of our ability to change it, and the points of intersection between his many approaches to this theme. His main philosophical postulate, that the human subject and society are not predetermined, asserts the primacy of creation and the possibility of creative, autonomous activity in every domain. This argument is combined with penetrating political and social criticism, opening numerous avenues of critical (...) thought and action. The book’s wide-ranging topics include the core worldview of ancient Athens, where the idea of self-creation and self-limitation made democracy possible; the wealth of poetic resources; a deconstruction of the so-called rationality of capitalism and of the current conception of democracy, along with a discussion of what a radical, revolutionary project means today; the role of what he calls the radical imagination in the creation of both societal institutions and history; the roots of hate; a psychoanalytic view of human development torn between heteronomy and autonomy; the role of education in forming autonomous individuals; and notions of chaos, space, and number. (shrink)

This volume translates Castoriadis's dialogues on politics, ethics, culture, and aesthetics with important intellectual figures including Francisco Varela, Octavio Paz, and others.

This study adopts a heuristic technique to argue the thesis that a set of norms rooted in the African philosophy of Ubuntu can usefully supplement current research guidelines for dealing with incidental findings discovered in genomic research. The consensus regarding incidental findings is that there is an ethical obligation to return individual genetic incidental findings that meet the threshold of analytic and clinical validity, have clinical utility, and are actionable, provided that research contributors have not opted out from receiving such (...) information. This study outlines the hurdles that may hinder the integration of this consensus in mainstream clinical practice, and shows how an ethical theory from the global south may be used to address the same. This will advance the field of ethical, legal and social issues of personalized medicine by providing exposure to the under-represented African perspective on the ethical, legal, and social issues of genomics. (shrink)

There are concerns that participation in open science will lead to various forms of exploitation – of researchers and scholars in low‐income countries and under‐resourced institutions. This article defends a contrary thesis and demonstrates the exact ways the underexplored notions of communal relationships, human dignity and social justice – and the normative principles to which they give rise – grounded in African philosophy can usefully address critical concerns regarding exploitation in the sharing of research resources to facilitate open partnership/collaboration and (...) reuse. Further research is required to study the specific roles different institutions can play in facilitating open practice and contribute towards establishing effective structures that can enhance equity and balance unfavourable power asymmetries. (shrink)

In the intellectual confusion prevailing since the demise of Marxism and “marxism”, the attempt is made to define democracy as a matter of pure procedure, explicitly avoiding and condemning any reference to substantive objectives. It can easily be shown, however, that the idea of a purely procedural “democracy” is incoherent and self‐contradictory. No legal system whatsoever and no government can exist in the absence of substantive conditions which cannot be left to chance or to the workings of the “market” but (...) must be posited as objectives of political activity. The confusion results from a deficient understanding of what makes a society and an empty idea of “freedom”. The objective of politics is not happiness, an affair to be left to the individuals, but it certainly is liberty understood as participation in the governance of the polity; it is also the pursuit of the common good, defined as the sum of the prerequisites and facilitations of individual autonomy depending on collective action, and as the realization of commonly agreed collective goals. (shrink)

As a work of social theory, I would argue that it belongs in a class with the writings of Habermas and Arendt". -- Jay Bernstein, University of Essex This is one of the most original and important works of contemporary European thought.

Standing institutions have a continuous existence: examples include the United Nations, the British Parliament, the US presidency, the standing committees of the US Congress, and the Environmental Protection Agency. Intermittent institutions have a discontinuous existence: examples include the Roman dictatorship, the Estates-General of France, constitutional conventions, citizens' assemblies, the Electoral College, grand and petit juries, special prosecutors, various types of temporary courts and military tribunals, ad hoc congressional committees, and ad hoc panels such as the 9/11 Commission and base-closing commissions. (...) Within the class of intermittent institutions, one may distinguish periodic from episodic institutions. The former come into being on a schedule set down in advance, while the latter come into being at unpredictable intervals. The Electoral College is a periodic institution, while the Roman dictatorship is an episodic one. This article attempts to identify the benefits and costs of intermittent institutions, both as a class and in their periodic and episodic varieties. The largest goals are to state some general conditions under which intermittent institutions prove superior or inferior to standing institutions, and to illuminate the temporal dimension of institutional design. (shrink)

This article examines the construction of image recognition algorithms for the classification of plant pathology problems. Rooted in science and technology studies research on the effects of agricultural big data and agricultural algorithms, the study ethnographically examines how algorithms for the recognition of plant pathology are made. To do this, the article looks at the case of a German agtech startup developing image recognition algorithms for an app that aims to help small-scale farmers diagnose plant damages based on digital images (...) of their symptoms. The study posits that the construction of these algorithms can be grasped as a succession of layers, at each of which the startup’s employees carry out different selection practices. It is argued that these practices gradually inscribe a selective recognition of the phenomenon of plant pathology into the algorithms of the app. This selective recognition is reflected in the fact that the emerging algorithms are effective in identifying isolated plant damages on isolated crops, while ignoring most agroecosystem-related actors and relations through which plant damages arise. The article concludes that the app’s selective recognition of plant pathology is likely to perpetuate or even exacerbate the pesticide use of its users. This is because the app’s view of plant pathology as a phenomenon comprised of isolated plant damages on isolated crops is more compatible with the use of chemical pesticides than with approaches to crop protection that strive for a more moderate use of these substances (e.g., integrated pest management, agroecology, organic agriculture). (shrink)

The continuing relevance of Ludwik Fleck’s work, above its status as a classic in science studies, lies in his reflexive conceptualisation of an open epistemology. As early as 1929, in the midst of a broad debate about a ‘crisis’ of science, Fleck offered a socio-historical analysis of the widely assumed crisis in form of an epistemology. He presented his argument, which was in itself an interrogation of the metaphysical foundations of science, as a reflexive and political intervention to this debate. (...) His book of 1935, Genesis and development of a scientific fact, in which he developed the notion of the thought collective, can be read in a similar vein as a functional analysis of science under National Socialism. His traumatic experiences during this period fostered his drive for science, democracy and epistemology. When he returned to the epistemological debate in 1946, he sharpened the presentation of his argument, presenting it rhetorically as an ironic political dialogue. This surprising text unfolds as an epistemological intervention by a participant observer. In this respect, Fleck’s epistemology, combining the historical analysis with reflexive intervention, is still a message in a bottle. (shrink)

The article argues the thesis that institutions have aprima facieobligation to fund the feedback of individual findings in genomic research conducted on the African continent by drawing arguments from an underexplored Afro-communitarian view of distributive justice and rights of researchers to be aided. Whilst some studies have explored how institutions have a duty to support return as a form of ancillary care or additional foreseeable service in research by mostly appealing to dominant principles and theories in the Global North, this (...) mostlynormative studyexplores this question by appealing to underexplored African philosophy. This is a new way of thinking about institutional responsibility to fund feedback and responds to the call to decolonise health research in Africa. Further studies are required to study how thisprima facieobligation will interact with social contexts and an institution’s extant relationships to find an actual duty. The research community should also work out procedures, policies and governance structures to facilitate feedback. In our opinion, though the impacts of feeding back can inform how institutions think about their actual duty, these do not obliterate the binding duty to fund feedback. (shrink)

Magda Arnold is recognised as one of the pioneers of modern cognitive approaches to the study of emotion. Indeed, her definition of appraisal is still employed more or less unchanged by many researchers. Somewhat less well known is Arnold's broader theory of emotion, personality, and human development that formed the context for her ideas about appraisal. In this paper, I examine the influence of the psychology of Thomas Aquinas on Arnold's thinking about appraisal, emotion, the self and self-actualisation. I then (...) critique current conceptions of appraisal in the light of her ideas about emotion and the person. I end with a plea to broaden our conception of what constitutes a moral emotion. (shrink)

This paper demonstrates how ubuntu relational philosophy may be used to ground beneficial coercive care without necessarily violating a patient’s dignity. Specifically, it argues that ubuntu philosophy is a useful theory for developing necessary conditions for determining a patient’s potential dangerousness; setting reasonable limits to the duty to protect; balancing the long-term good of providing unimpeded therapy for patients who need it with the short-term good of protecting at-risk parties; and advancing a framework for future case law and appropriate regulations (...) in the care of psychotherapy patients. Issues regarding the decision to breach medical confidentiality in psychotherapeutic care are ultimately reserved for the courts. Professional assessment might be an important first step in this process, and court rulings govern most aspects of this assessment. However, current case law, especially in the United States, places an unreasonable expectation on psychotherapists to protect all at-risk parties or foresee that a patient intends to follow through on said threats. It has largely failed to guarantee psychotherapy patients unlimited access to care, while potentially inhibiting future honest communication between patients and health professionals and endangering the safety of others. Of these decisions, the two most prominent are the 1976 Tarasoff decision and the 2016 Volk decision. This paper argues for the possibility of grounding good laws in ubuntu African philosophy in a way that protects others from harm and ensures unimpeded access to care without necessarily breaching medical confidentiality. (shrink)

For centuries, philosophers, political scientists, and jurists have struggled to understand the possibilities for justice and peace among a multiplicity of sovereign states. Like Dante, who sought to organize the world under the authority of the Holy Roman Empire, many theorists have tried to explain how sovereign states should be governed to ensure stability and peace in the absence of any established higher authority. Theories of World Governance traces the various conceptual approaches to world harmony from the close of the (...) Middle Ages to today. Considering the immediate problems of order in a decentralized world community, Cornelius F. Murphy, Jr., outlines what he believes are the essential long-term conditions for world peace. Covering a wide range of disciplines -- from theology and philosophy to jurisprudence, ethics, and sociology -- Murphy explores how theorists have reflected upon the necessary components of an effective global order. At the outset, the thought of Christian Europe was shaped by a belief in a natural order established by the Creator of the universe. However, with the advent of the Enlightenment, the connections between the human and the transcendent were severed. There was a movement from a theocentric understanding of the powers of the human mind to an intellectual outlook that blurred the distinctions between the divine and human. This study in the history of ideas examines the profound effects of the fundamental shift from transcendence to immanence upon the development of international theory. Murphy discusses the thought of Leibniz, Wolff, Kant, Hegel, and Phillip Allott, among others. The study concludes with an extended reflection on the importanceof a sound political philosophy to the future well-being of the global community. Possible improvements in the existing arrangements, such as reform of the United Nations, are discussed. Murphy suggests that in order for a society of sovereign states to be transformed into a world political community, human rights and self-governance within states must first be strengthened and, at the same time, individuals of all states must begin to realize their responsibilities toward the whole human family. (shrink)

The Aptitude Myth addresses the decline in American children’s mastery of critical school subjects. It contends that a contributing cause for this decline derives from many Americans’ ways of thinking about children’s learning: They believe that school performance is determined very largely by innate aptitude.

Heinz Robert Schlettes skeptische Religionsphilosophie - bereits in ihrer Entstehungszeit quer zum Mainstream - hat in besonders intensiver Weise fundamentale Infragestellungen der Religion durch die Moderne einbezogen. Im Stichwort Empörung hat sie den humanen Gehalt der Religions-kritik aufgenommen - und sowohl religions-philosophisch identifiziert als auch für eine heute noch rechtfertigbare religiöse Haltung reklamiert. Schlettes Ansatz heute in die veränderten Konstellationen einer globalisierten Säkularisierungsdynamik und neuen Religionspräsenz wie eine Sonde einzuführen, verspricht erhellend aufklärerische Wirkung. Dies unternehmen die hier versammelten Beiträge im (...) Spektrum aus Philosophie, Theologie und literarischem Essay. (shrink)

A system effect arises when the properties of an aggregate differ from the properties of its members, taken one by one. The failure to recognize system effects leads to fallacies of division and composition, in which the analyst mistakenly assumes that what is true of the aggregate must also be true of the members, or that what is true of the members must also be true of the aggregate. Examples are (1) the fallacious assumption that if the overall constitutional order (...) is to be democratic, each of its component institutions must be democratic, taken one by one; (2) the fallacious assumption that if judges are politically biased, courts will issue politically biased rulings. In these cases and many others I will discuss, system effects are an indispensable analytic tool for legal theory. A systemic approach implies that the choices of legal actors are strategically interdependent: the best course of action for any given actor will depend upon what other actors do. Judges deciding how to interpret statutes and the constitution, for example, cannot simply assume, idealistically, that it would be best for them to adopt the approach that would be best for all if adopted by all. If others do not adopt that approach, then the nature of the best approach for the given judge may itself change, taking others' actions as nonideal constraints. The implication is a second-best approach to constitutionalism and legal interpretation.The judge who takes system effects into account may change her approach in light of the behavior of her colleagues and the behavior of other institutions. Although such a judge is strategic, it does not follow that she is unprincipled. Rather, under identifiable conditions, the systemically-minded judge will be a strategic legalist who attempts to act, within the constraints that arise from others' behavior, so as to nudge the legal system toward the best possible state, according to her view of the law. Indeed, the systemically-minded judge may even be a legal chameleon who changes her approach as the legal environment, including the behavior of other judges, changes around her, until the court as a whole reaches an equilibrium of optimal diversity. Although such a course of action is psychologically demanding, the systemic benefits that the legal chameleon creates can be attained at the systemic level instead. Wise appointments by Presidents and Senators aiming to diversify the judiciary would mimic, in a second-best way, the diversity that a bench of legal chameleons would produce"--John M. Olin Center for Law, Economics, and Business web site. (shrink)

This is the first German volume for more than one century, dealing with the two main subjects that have dominated the present reception of the Spanish philosopher and theologian Francisco Suárez (1548-1617): metaphysics and law theory. The contributors discuss both Suárez as an influential thinker of modern European school metaphysics and as a representant of a global law philosophy and ethics. They also debate on the combination of theory and praxis in the light of the question which commitment a universal (...) First Philosophy could have today. The volume is complimented by an introduction to Suárez's works and vita, an overview and guide to recent primary and secondary literature, as well as a name register.--publlisher's desciption. (shrink)

What is the relationship between the self and society? Where do moral judgments come from? As Blakey Vermeule demonstrates in The Party of Humanity, such questions about sociability and moral philosophy were central to eighteenth-century writers and artists. Vermeule focuses on a group of aesthetically complicated moral texts: Alexander Pope's character sketches and Dunciad , Samuel Johnson's Life of Savage, and David Hume's self-consciously theatrical writings on pride and his autobiographical writings on religious melancholia. These writers and their (...) characters confronted familiar social dilemmas--sexual desire, gender identity, family relations, cheating, ambition, status, rivalry, and shame--and responded by developing a practical ethics about their own behavior at the same time that they refined their moral judgments of others. The Party of Humanity frames its discussion about emotions, social conflict, and aesthetics within two broad theories: the emerging field of evolutionary psychology and Kantian moral philosophy. By studying how eighteenth-century Britons experienced the demands of their social identities, Vermeule argues, we can better understand the most salient problems facing moral philosophy today--the issue of self-interest and the question of how moral norms are shaped by social agendas. (shrink)

Cornelius Castoriadis is a fascinating figure, not only because of his personal and intellectual background, but because of the extraordinary breadth of his interests and his ability to play the brilliant intellectual jester - all characteristics in abundant evidence in this collection of essays. In them, Castoriadis goes to the heart of deep philosophical issues raised but not answered by modern thought.The book presents his concerns with the development of analytical theories of psychology, language, and politics, all commonly rooted (...) in the social and historical aspects of human creativity. It examines figures as diverse as Aristotle, Heidegger, Lacan, Marx, and Merleau-Ponty.Cornelius Castoriadis was for a long time a professional economist and is now a practicing psychoanalyst in Paris. He founded and became the main theoretician for the independent journal of the left, Socialisme ou Barbarie. (shrink)

There are concerns that participation in open science will lead to various forms of exploitation – of researchers and scholars in low-income countries and under-resourced institutions. This article defends a contrary thesis and demonstrates the exact ways the underexplored notions of communal relationships, human dignity and social justice – and the normative principles to which they give rise – grounded in African philosophy can usefully address critical concerns regarding exploitation in the sharing of research resources to facilitate open partnership/collaboration and (...) reuse. Further research is required to study the specific roles different institutions can play in facilitating open practice and contribute towards establishing effective structures that can enhance equity and balance unfavourable power asymmetries. (shrink)

Many millions of people hold conspiracy theories; they believe that powerful people have worked together in order to withhold the truth about some important practice or some terrible event. A recent example is the belief, widespread in some parts of the world, that the attacks of 9/11 were carried out not by Al Qaeda, but by Israel or the United States. Those who subscribe to conspiracy theories may create serious risks, including risks of violence, and the existence of such theories (...) raises significant challenges for policy and law. The first challenge is to understand the mechanisms by which conspiracy theories prosper; the second challenge is to understand how such theories might be undermined. Such theories typically spread as a result of identifiable cognitive blunders, operating in conjunction with informational and reputational influences. A distinctive feature of conspiracy theories is their self-sealing quality. Conspiracy theorists are not likely to be persuaded by an attempt to dispel their theories; they may even characterize that very attempt as further proof of the conspiracy. Because those who hold conspiracy theories typically suffer from a crippled epistemology, in accordance with which it is rational to hold such theories, the best response consists in cognitive infiltration of extremist groups. Various policy dilemmas, such as the question whether it is better for government to rebut conspiracy theories or to ignore them, are explored in this light. (shrink)

This study evaluates the conflict between patient confidentiality and partner notification in sero‐discordant relationships, and argues the thesis that based on a theoretical formulation of Ubuntu, a health provider is obliged to facilitate friendly relationships in which individuals are true subjects and/or objects of communal friendship. In serodiscordant relationships, the health professional can fulfil this obligation by notifying “others” (particularly a partner with whom an HIV positive patient has a “present” and “actual relationship”) of their spouse's HIV seroconversion, since without (...) such relevant information a partner (subject) of an HIV positive patient cannot “appropriately” care for the patient's condition (object). There is a need to move away from the medical traditional emphasis that has for so long put primacy on doctor‐patient confidentiality as is the case with the Health Professions Council of South Africa Guidelines (Booklet 12) which favours patient confidentiality over partner notification. Given empirical evidence to support effectiveness of partner notification amongst sero‐discordant couples, there is thus, a need to focus emphasis on latter. This shift is necessary for achieving the United Nations’ Sustainable Development of Goal of ending HIV/AIDS epidemic by 2030. I proposed in this study that African ethics, specifically Ubuntu, will do a better job than current ethical frameworks at ensuring that partner notification receives more emphasis in the care of serodiscordant couples. If this framework is integrated into ethical guidelines and codes, it would significantly enhance the care of serodiscordant couples, as well as further boost global effort at ending HIV/AIDS epidemic by 2030. (shrink)

In this article, we contend that due to their size and emphasis upon addressing external social concerns, the corporate relationship between social enterprises, social awareness and action is more complex than whether or not these organisations engage in corporate social responsibility (CSR). This includes organisations that place less emphasis on CSR as well as other organisations that may be very proficient in CSR initiatives, but are less successful in recording practices. In this context, we identify a number of internal CSR (...) markers that may be applied to measuring the extent to which internal CSR practices are being observed. These considerations may be contrasted with the evidence that community based CSR activities is often well developed in private sector small to medium sized enterprises (SMEs) (Observatory of European SMEs, 2002), a situation which may be replicated in social enterprises especially those that have grown from micro-enterprises embedded in local communities. We place particular emphasis upon the implications for employee management. Underpinning our position is the Aristotelian-informed capabilities approach, a theory of human development and quality of life, developed by Sen (1992; 1999) and Nussbaum (1999) which has been developed further, in an organisational context, (e.g., Cornelius, 2002); Cornelius and Gagnon, 2004; Gagnon and Cornelius, 1999; Vogt, 2005. We contend that the capabilities approach offers additional insights into CSR in social enterprises in general and internal CSR activity in particular. Our article concludes with proposals for future research initiatives and reflections upon social enterprise development from a capabilities perspective. (shrink)

This collection presents a broad and compelling overview of the most recent work by a world-renowned figure in contemporary thought. The book is in four parts: Koinonia, Polis, Psyche, Logos. The opening section begins with a general introduction to the author's views on being, time, creation, and the imaginary institution of society and continues with reflections on the role of the individual psyche in racist thinking and acting. The second part is a critique of those who now belittle and distort (...) the meaning of May 1968 and other movements of the sixties as well as the French Revolution. In part three, Castoriadis shows how psychoanalysis, like politics, can contribute to the project of individual and collective autonomy and challenges Lacan, Foucault, and Derrida, and others in his report on 'The State and Subject Today'. Finally he examines how Aristotle's original aporetic discovery and cover-up of the imagination were repeated by Kant, Freud, Heidegger, and even Merleau-Ponty. (shrink)

This chapter demystifies Carl Schmitt by interpreting his main insights through the lens of modern social sciences,. There is a large literature in political science on the political foundations of democracy, constitutionalism, and the rule of law. This literature emphasizes that legal rules, by themselves, cannot create a political equilibrium, which always depends on the expectation of political actors that other actors will contribute to preserving the constitutional regime rather than subverting it. This insight allows us to interpret Schmitt’s distinction (...) between legality and legitimacy more concretely than in extant work. There is also a large literature in law and economics on ex ante rules versus ex post standards. Schmitt’s theory of the exception can be understood as an argument that governance through ex post standards, rather than ex ante rules, is inevitable and even desirable where political, economic, or military conditions change rapidly. (shrink)

Improvements in the health capital of citizens are central to the development of countries. By exploiting steep decreases in antiretroviral drug prices and the subsequent increases in antiretroviral therapy (ART) coverage, we test whether the resulting improvements in the health of the population are associated with the prevalence of entrepreneurial activity and whether entrepreneurial activity strengthens the relationship between ART coverage and a country’s development. Drawing on a sample of 87 low- and middle-income countries (2006–2019), we find that a 1% (...) increase in ART coverage is associated with a 1.5% increase in the number of newly registered limited liability firms; however, there is no significant relationship with (male or female) self-employment. Higher ART coverage is particularly associated with development—as proxied by gross domestic product (GDP) per capita and the Human Development Index—in countries with low levels of new business formation and high proportions of self-employment. (shrink)

Photo ID 279661800 © Sidewaypics|Dreamstime.com ABSTRACT Decolonization is complex, vast, and the subject of an ongoing academic debate. While the many efforts to decolonize or dismantle the vestiges of colonialism that remain are laudable, they can also reinforce what they seek to end. For decolonization to be impactful, it must be done with epistemic and cultural humility, requiring decolonial scholars, project leaders, and well-meaning people to be more sensitive to those impacted by colonization and not regularly included in the discourse. (...) INTRODUCTION Decolonization is complex. To successfully achieve decolonization, projects should incorporate the voices of those subjugated or silenced. Including such voices requires sincerely exploring who has been affected by colonialism or neocolonialism and how, as well as cultural sensitivity. In its basic use, decolonization refers to countries under colonial rule gaining independence or freedom from forms of subjugation. Additionally, scholars use the term to refer to efforts to dismantle neocolonialism and vestiges of colonialism. The process includes de-silencing subjugated voices.[1] I use decolonization in the latter way to refer to countries with technical independence. While arguably colonization ended formally with independence from colonizing powers, neocolonialism is the indirect, informal, and sometimes subtle control of the people, their economy, and political life despite formal independence from colonizing authorities. I conceptualize neocolonialism as a system that involves direct and involuntary control of another’s political, economic, or social life, impacting their worldview and ways of encountering the world. Decolonization may target actions, places, or systems like health care or AI to overcome the ills of colonialism and neocolonialism. It also may target knowledge and require rethinking how people develop their knowledge base. For example, if people grew up seeing an outside colonizer as superior, they would need to change their knowledge of superiority. Decolonization may target power, for example, changing who owns and distributes COVID-19 vaccines and who distributors exclude in the distribution of vaccines. Decolonization could require looking at those disempowered in the distribution process. Additionally, decolonization may target autonomy of persons by freeing people, ensuring human and individual rights, and respecting cultural traditions. Decolonization projects that try to de-silence by including the voices of those affected by colonialism and neocolonialism must examine inclusiveness in the context of the culture of the subrogated individuals. Examples of decolonization projects include making datasets inclusive of diverse peoples and places, returning to traditional food and eating practices, making sure hospitals in developing countries are led by locals and respectful of cultural traditions, returning unethically obtained artefacts or objects. Another project would be laying the groundwork for equality in formerly colonized countries to ensure that business ownership, education, and financial success will flow fairly to those previously victimized by colonization. Summarily, there are many strategies for decolonizing. However, it is worth asking whether the strategies have risks that undermine the goal of decolonization. I. Understanding Decolonization Discourses Many fields, from AI to politics, economics, health care, aviation, and academia, discuss decolonization. The content of the discourse on decolonization depends on the region and field discussing it. Rather than just reporting on decolonization, the discussions may be calls to action. For example, decolonization discourses reflect activism for cognitive justice, such as equal consideration of Indian or African knowledge systems in global health discourses.[2] In politics and political science, some scholars frame decolonization as an anti-western, anti-colonial movement by Africans to emancipate Africa/ns from subjugation or shift the continent to postcolonialism and post-neo-colonialism. This framing walls off non-African participants and may undermine their capacity to benefit the conversation.[3] There are other political scientists who actively support decolonization and see it as a field of activism in support of anyone and countries where colonization harmed people and development.[4] The point is that two ways of conceptualizing decolonization in politics and political science are discernible. One conceptualization is less inclusive since it alienates scholars and professionals from Western, high-income, or developed countries. The other is more inclusive. In humanitarian studies, including philosophy, some decolonization articles and conversations are efforts to end the destructive force of colonization. They focus on either the form, such as ecocide, genocide, and many others, or the geographic location, such as Africa, Asia, Latin America, and Oceania.[5] Finally, the feelings one brings into this conversation can adversely impact how one engages in them and who they listen to or are willing to hear from. For example, anger, rage, bitterness, and hatred are emotions that are not uncommon in spaces of decolonization conversations. Decolonization conversations that originate from a place of negativity risk deepening the psychological state of victimhood and prevent people from disrupting constructively or critically engaging in the conversation.[6] II. Understanding Decolonization Strategies Decolonization strategies mainly aim to de-silence victims of domination or subjugation. People have proposed many strategies for decolonizing. These strategies may be informed by what the target is for decolonization. Decolonization can target power relations in global health. For example, during the COVID-19 pandemic, public health organizations noted the power imbalance in vaccine distribution. Decolonization could involve de-silencing those affected by neocolonialism to bring about a more balanced distribution of power and a more fair distribution of the vaccine. By analyzing who was adversely impacted by the distribution and who ought to wield power, those engaged in decolonizing advocated for positive change and equitable power relations. Equally, when being is the target of decolonization, the language of unlearning or relearning and mental decolonization take centre stage in the decolonization discourse. For example, the quest to decolonize colonized minds aims to demythologize African inferiority and Western superiority. Demythologizing African inferiority enables those engaged in the decolonization discourse to cultivate and foster African agency.[7] Finally, when knowledge production is the target of decolonization, scholars use inclusion and cognitive justice. For example, they try to alter the knowledge that underlies global health ethics.[8] “[D]decolonizing researchers aim to respectfully understand and integrate theory from Other(ed) perspectives, while also critically examining the underlying assumptions that inform their Western research framework.”[9] One common strategy that scholars use in decolonization is inclusion. It is worth asking, does including people who have been subrogated foster decolonization? Whether that is effective depends on whether included people are more heard or whether the strategies to include them create new forms of silencing. III. Inclusion and the Quest to Decolonize Evaluating how effective inclusion is in the quest to de-silence subjugated voices is important. First, inclusive strategies are not neutral. They are epistemically situated. This situatedness constrains meaning-making in different ways: how and what questions are asked, how social roles are constructed, organized or assigned, and who is admitted to the room where these conversations occur.[10] Inclusion strategies may reinforce (unchallenged) assumptions. For example, to address prejudices and stereotypes in global health images, Arsenii Alenichev and his colleagues[11] successfully inverted “one stereotypical global health image” by prompting a generative AI to produce “an image of a traditional Indian or African healer healing a White Child.” Although there were some problems with the image of the White child, this innovation is a significant, useful effort to de-embed or strip global health images of problematic pictures that mythologize White superiority and Black inferiority. Yet it is possible that using categories like traditional Indian or African reinforces unchallenged assumptions, raising key questions regarding how language and words create new stereotypes. It is common to define traditional as non-conventional, unorthodox, and informal. Yet studies continue to reveal that non-scientifically appraised healing approaches in India or Africa are not only effective but also real, meaningful, fundamental, and primary care-seeking behaviours in many communities in these regions.[12] Suppose inclusive strategies are not un-situated. These conversations may be had within the structures, language, and spaces built by or connected to colonialism. The spaces, language, places, and structures in which these conversations occur can limit who can participate and how they participate. Importantly, some conditions are not conducive to participation as equals. The allocated time for the discussion could also constrain how individuals express themselves. It is unclear who is ultimately heard. Furthermore, epistemic situatedness of inclusion can impact decolonization conversations when participants are beneficiaries of, products of, and trained by structures and systems they seek to dismantle. To enhance the decolonization project and its goals, a pressing task is to unveil and question how the circumstances may inhibit activism. If the vestiges of colonialism continue to structure the decolonization discourse invisibly, the vestiges may undermine decolonization. For example, a public health discussion that includes white Western doctors and Western pharmaceutical executives in Africa may have many local Africans at the table but could still effectively devalue their input based on built-in assumptions and biases that are vestiges of colonialism. Second, exclusion and inclusion are also not binary. Individuals may experience exclusion, even while included (the phenomenon called internal exclusion). In other words, inclusion can fail to be substantial or become a means of enhancing optics, “a way of (un)consciously weakening the radical claims being pursued.”[13] For example, in South Africa, many institutions have made significant efforts to diversify their faculties due to the promulgation of the Employment Equity Act 55.[14] The act requires South African institutions to implement employment equity that redresses the history of harmful discrimination in the country. The act further requires transforming departments and institutional administrations. Although many recognize and support the need to transform departments in South Africa, the rhetoric of transformation departs sharply from the lived experiences.[15] This misalignment between the plan and practice is evident in the underrepresentation of black people and females in senior management teams, professorships in many universities and health departments, and positions of power in some South African institutions. Those selected in the transformation of the departments have also complained of being overworked. The burden of extra work undermines their ability to develop agency and voice in the space they now occupy or fulfil key requirements that have implications for their career trajectory.[16] This is called the minority tax. Notably, "the minority tax… is the burden of extra responsibilities [placed] on faculty of colour to achieve diversity and inclusion and contributes to attrition and impedes academic promotion."[17] One challenge for decolonializing projects will be for decolonial scholars and those selected for decolonization objectives to have the humility to decline invitations, requests, roles, and platforms for which they are either unqualified or lack the capacity to fulfil. At its heart, decolonization strategies must empower those included rather than weaken them. Finally, inclusion can lead to a phenomenon known as elite capture.[18] Elite capture occurs when socially advantaged individuals in a group monopolize or exploit activism to their own benefit at the expense of the larger, struggling group. Elite capture weakens decolonization efforts from within, revealing that those likely to benefit from global inclusive efforts are those who fulfil globally constructed standards, those “already present in the room.” There is no better strategy to weaken decolonial movements than weakening the project from within by strategically positioning individuals who share physical properties with the victims of exclusion and silencing but intellectually, behaviourally, psychologically, and emotionally share more common ground with the colonizer. Such insiders may be unaware they are furthering neocolonial conditions rather than decolonizing. In relation to decolonization, particularly in global health, elite capture reveals that those whose voices are loudest in the room are not necessarily those more impacted by colonialism. They may benefit more from reinforcing colonialism. Opportunism weakens meaningful activism from within, preventing good initiatives and strategies from having their intended impact or taking substantive root.[19] This paper cannot do justice to elite capture, but it is worth noting its negative impacts. IV. Improving the Impact of Decolonization To end neo-colonialism, it is important to understand how it manifests and what to do at each level. Beyond the academic discourse, many tangible efforts exist to decolonize through de-silencing. Examples of these efforts include the ME2 movement that seeks to centre the concerns and experiences of sexually abused or harassed victims in the public discourse. At the funding level, many grant-awarding agencies like Wellcome Trust have dedicated huge budgets to studies that help them understand how they may have perpetrated colonialism or neocolonialism and what they can do differently going forward.[20] In South Africa, promulgating the Employment Equity Act 55 was a tangible attempt to entrench decolonization concerns in a country's regulatory framework. Yet, these decolonization efforts could fail to be substantive if they do not reflect cultural sensitivity. Two key components of cultural sensitivity are worth highlighting here: epistemic and cultural humility. Epistemic humility is an intellectual virtue described as knowing one’s limitations and the limitations of the learning methods employed. At its simplest, it is the ability to admit when one is wrong. Cultural humility includes genuine attempts to learn about and embrace other cultures. Epistemic and cultural humility are signs of academic excellence and strength. Epistemic and cultural humility seriously acknowledge how the state of our knowledge, cognitive limitations, experiences, and backgrounds, while constraining us, also invite us to listen, learn, grow, and change. The limitations-owing account of epistemic and cultural humility suggests that “a person who is aware of her cognitive limitations and owns them is much better positioned to achieve such epistemic goods as true beliefs and understanding than someone who… simply has insight into the epistemic status of her beliefs.”[21] Epistemic and cultural humility may help prevent decolonization projects that unintentionally reinforce what they seek to dismantle. Epistemic humility calls on decolonizers to defer tasks for which they are not qualified to suitably qualified persons. Beyond this, humility supports brave scholarship that imagines and reimagines how featuring the same voices, faces, and perspectives possibly introduces new forms of domination or silencing. Cultural knowledge can lead to a more intentional way of seeking out the right people or a more diverse group than those frequently featured in decolonization conversations. This would give others more opportunities to navigate these spaces and should do so in ways that are familiar to them. One ought to be more sensitive to those who would ordinarily not be included in these conversations. Unless we radically and boldly reimagine these discussions, we risk alienating those most negatively impacted by neocolonialism. CONCLUSION Decolonization conversations are complex and the subject of academic debate. The strategies employed to decolonize can harm or help the victims of neo-colonialism. Inclusion of previously silenced individuals may not be enough to overcome the vestiges of colonialism, leading to a false inclusion, where those included feel excluded or contribute in ways reflecting their own biases and circumstances. Inclusion of an elite or people who do not truly represent the subjugated can lead to elite capture. For decolonization strategies to be impactful, for example, in the context of global health, project leaders and participants must engage in conversations employing epistemic and cultural humility. In many ways, epistemic and cultural humility can help us demythologize our assumptions of any cultural superiority or cognitive authority, allowing for diverse voices, cultures, and perspectives to emerge without domination. - [1] Caesar Atuire & Olivia Rutazibwa. 2021. An African Reading of the Covid-19 Pandemic and the Stakes of Decolonization. An African Reading of the Covid-19 Pandemic and the Stakes of Decolonization [Online]. Available from: https://law.yale.edu/yls-today/news/african-reading-covid-19-pandemic-and-stakes-decolonization [Accessed July 29, 2021 2021]. [2] Bridget Pratt & Jantina De Vries 2023. Where is knowledge from the Global South? An account of epistemic justice for a global bioethics. Journal of Medical Ethics, medethics-2022-108291. [3] Anye-Nkwenti Nyamnjoh 2023. Is decolonisation Africanisation? The politics of belonging in the truly African university. Social Dynamics, 1-20. [4] Rianna Oelofsen 2015. Decolonisation of the African mind and intellectual landscape. Phronimon, 16, 130-146. [5] Caesar Atuire & Olivia Rutazibwa. 2021. An African Reading of the Covid-19 Pandemic and the Stakes of Decolonization. An African Reading of the Covid-19 Pandemic and the Stakes of Decolonization [Online]. Available from: https://law.yale.edu/yls-today/news/african-reading-covid-19-pandemic-and-stakes-decolonization [Accessed July 29, 2021 2021]. [6] Pedro Alexis Tabensky 2008. The Postcolonial Heart of African Philosophy. South African Journal of Philosophy, 27, 285-295. [7] Nicholas M. Creary 2012. African Intellectuals and Decolonization, Ohio, Ohio University Press. [8] Bridget Pratt & Jantina De Vries 2023. Where is knowledge from the Global South? An account of epistemic justice for a global bioethics. Journal of Medical Ethics, medethics-2022-108291. [9] Vivetha Thambinathan & Elizabeth Anne Kinsella 2021. Decolonizing Methodologies in Qualitative Research: Creating Spaces for Transformative Praxis. International Journal of Qualitative Methods, 20, 16094069211014766. [10] Abimbola Seye 2023. Knowledge from the global South is in the global South. Journal of Medical Ethics, 49, 337. [11] A. Alenichev, P. Kingori & K. P. Grietens 2023. Reflections before the storm: the AI reproduction of biased imagery in global health visuals. Lancet Glob Health. [12] Jonathan K. Burns & Andrew Tomita 2015. Traditional and religious healers in the pathway to care for people with mental disorders in Africa: a systematic review and meta-analysis. Social Psychiatry and Psychiatric Epidemiology, 50, 867-877. [13] Anye-Nkwenti Nyamnjoh & Cornelius Ewuoso 2023. What type of inclusion does epistemic injustice require? Journal of Medical Ethics, jme-2023-109091. [14] 1998. Employment Equity Act. In: GOVERNMENT, S. A. (ed.) 19370. [15] Dina Zoe Belluigi & Gladman Thondhlana 2019. ‘Why mouth all the pieties?’ Black and women academics’ revelations about discourses of ‘transformation’ at an historically white South African university. Higher Education, 78, 947-963. [16] Juliet Ramohai & Khomotso Marumo 2016. Women in Senior Positions in South African Higher Education: A Reflection on Voice and Agency. 231, 135-157. [17] J. Trejo 2020. The burden of service for faculty of color to achieve diversity and inclusion: the minority tax. Mol Biol Cell, 31, 2752-2754. [18] Olufemi Taiwo 2020. Being-in-the-Room Privilege: Elite Capture and Epistemic Deference. The Philosopher, 108, 7. [19] Margarita Kurbatova & Elena Kagan 2016. Opportunism of University Lecturers As a Way to Adaptate the External Control Activities Strengthening. Journal of Institutional Studies, 8, 116-136. [20] Jeremy Farrar. 2022. An update on Wellcome's anti-racist programme. An update on Wellcome's anti-racist programme [Online]. Available from: https://wellcome.org/news/update-wellcomes-anti-racism-programme [Accessed August 10, 2022 2022]. [21] Katherine Dormandy 2018. Does Epistemic Humility Threaten Religious Beliefs? Journal of Psychology and Theology, 46, 292-304. (shrink)