This volume offers a critical analysis and illustration of the challenges and promises of ‘stateless’ law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. Confronting the ‘transnational challenge’ posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the book brings new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of (...) the early twenty-first century. (shrink)

The current proxy voting system in the United States has become the subject of considerable controversy. Because institutional investment managers have the authority to vote their clients’ proxies, they have a fiduciary obligation to those clients. Frequently, in an attempt to fulfill that obligation, these institutional investors employ proxy advisory services to manage the thousands of votes they must cast. However, many proxy advisory services have conflicts of interest that inhibit their utility to those seeking to discharge their fiduciary duties. (...) In this article, we describe the current proxy advisory network as an example of how current notions of conflicts of interest fall short when explaining the behavior of an interconnected set of market players whose remit is to act in the best interests of their investors. We discuss what participants in this system should do to bring transparency and accuracy to the proxy advice industry. (shrink)

ABSTRACTBesides physiological, behavioural, and affective effects, romantic love also has cognitive effects. In this study, we tested whether individual differences in infatuation and/or attachment level predict impaired interference control even in the absence of a love booster procedure, and whether individual differences in attachment level predict reduced adaptive cognitive control as measured by conflict adaptation and post-error slowing. Eighty-three young adults who had recently fallen in love completed a Stroop-like task, which yielded reliable indices of interference control and adaptive cognitive (...) control. We did not observe the predicted negative association between infatuation or attachment level and interference control. It might be that reduced interference control with love only happens when people are actively thinking about their beloved. In addition, we observed only weak evidence for the prediction t... (shrink)

Religion is often understood to play a positive role in shaping moral attitudes among believers. We assessed the relationship between church members’ levels of felt connectedness to their respective congregations and perceived similarity in personal and congregational moral values, and whether there was a relationship between these and the amount of time spent in synchronous movement or singing during worship. The similarity between personal and perceived congregational moral importance was correlated with feelings of closeness to one’s congregation but not by (...) the amount of time spent in synchronous movement or singing. Differences in moral foundations scores and in moral importance of specific issues were found between different theological traditions. These findings demonstrate that, for churchgoers, there is a relationship between the use of music or synchronous movement in a church service and feelings of social bonding and there is also a relationship between the degree to which churchgoers identify with their church community and the degree to which they believe their priorities match those of their church. Furthermore, differences in theological tradition appear to be reflected in differences in moral values. (shrink)

Policymakers need to start considering the impact smart connected toys (SCTs) have on children. Equipped with sensors, data processing capacities, and connectivity, SCTs targeting children increasingly penetrate pervasively personal environments. The network of SCTs forms the Internet of Toys (IoToys) and often increases children's engagement and playtime experience. Unfortunately, this young part of the population and, most of the time, their parents are often unaware of SCTs’ far-reaching capacities and limitations. The capabilities and constraints of SCTs create severe side effects (...) at the technical, individual, and societal level. These side effects are often unforeseeable and unexpected. They arise from the technology's use and the interconnected nature of the IoToys, without necessarily involving malevolence from their creators. Although existing regulations and new ethical guidelines for artificial intelligence provide remedies to address some of the side effects, policymakers did not develop these redress mechanisms having children and SCTs in mind. This article provides an analysis of the arising side effects of SCTs and contrasts them with current regulatory redress mechanisms. We thereby highlight misfits and needs for further policymaking efforts. (shrink)

In 2004 a survey was conducted in the member states of the European Union designed to gain greater insight into the views on control strategies for foot and mouth disease, classical swine fever, and avian influenza with respect to the epidemiological, economic and social-ethical consequences of each of these animal diseases. This article presents the results of the social-ethical survey. A selection of stakeholders from each member state was asked to prioritize issues for the prevention and control of these diseases. (...) A majority of stakeholders chose preventive measures as the preferred issue. An analysis was done to determine whether there were differences in views expressed by stakeholders from member states with a history of recent epidemics and ones without such a history, and whether there were regional differences. There were no differences between member states with or without a history of recent epidemics. There were indeed regional differences between the priority orders from Northern and Southern Europe on the one hand, and from Eastern Europe on the other. (shrink)

In this paper, we describe the conceptual elusiveness of the notion of function as used in engineering practice. We argue that it should be accepted as an ambiguous notion, and then review philosophical argumentations in which engineering functions occur in order to identify the consequences of this ambiguity. Function is a key notion in engineering, yet is used by engineers systematically in a variety of meanings. First, we demonstrate that this ambiguous use is rational for engineers by considering the role (...) of functions in design methods and by analysing the ambiguity in terms of Kuhn’s notion of methodological incommensurability. Second, we discuss ontological and mereological analyses of engineering functions and describe a proof that subfunctions cannot formally be taken as parts of the functions they decompose. Engineering functions figure sometimes in philosophical work and are then typically taken as having an unambiguous, well-defined meaning. Finally, we therefore revisit work in philosophy of technology on the dual nature of technical artefacts, in philosophy of science on functional and mechanistic explanations, and in philosophy of biology on biological functions, and explore the consequences of the fact that engineering function is an ambiguous notion. It is argued that one of these consequences may be that also the notion of biological function has an ambiguous meaning. (shrink)

The Danish theologian-philosopher K. E. Løgstrup is second in reputation in his homeland only to Søren Kierkegaard. He is best known outside Europe for his _The Ethical Demand_, first published in Danish in 1956 and published in an expanded English translation in 1997. _Beyond the Ethical Demand_ contains excerpts, translated into English for the first time, from the numerous books and essays Løgstrup continued to write throughout his life. In the first essay, he engages the critical response to _The Ethical (...) Demand,_ clarifying, elaborating, or defending his original positions. In the next three essays, he extends his contention that human ethics “demands” that we are concerned for the other by introducing the crucial concept of “sovereign expressions of life.” Like Levinas, Løgstrup saw in the phenomenon of “the other” the ground for his ethics. In his later works he developed this concept of “the sovereign expressions of life,” spontaneous phenomena such as trust, mercy, and sincerity that are inherently other-regarding. The last two essays connect his ethics with political life. Interest in Løgstrup in the English-speaking academic community continues to grow, and these important original sources will be essential tools for scholars exploring the further implications of his ethics and phenomenology. “K. E. Løgstrup’s work undoubtedly made in his time an original contribution to the field of moral philosophy and philosophy of religion. This translation makes extracts from his later publications on moral philosophy accessible to an English-speaking audience. I am again impressed by the depth of his ideas, which are certainly not outdated and still relevant for contemporary debates in moral philosophy.” —_Bert Musschenga, Vrije Universiteit, Amsterdam _ “Making a large part of Knud Løgstrup’s legacy accessible to the English-speaking public is an event of enormous cultural, philosophical and political importance—and we are all in debt to his disciple, Kies van Kooten Niekerk, and the University Press of Notre Dame, for making it happen. Løgstrup, alongside few other giants of 20th Century ethical thought, like Emmanuel Levinas or Hans Jonas, anticipated and articulated all the major challenges and urgent tasks with which the coming century is likely to confront the moral self. Our ethical discourse was all the poorer so far for being barred access to his findings and proposition. This will no longer be the case.” —_Zygmunt Bauman, emeritus, University of Leeds_ “The publication of an English translation of Knut Eljert Løgstrup's later works in ethics provides a wider readership with the opportunity to better understand his important contribution to ethics in the second half of the last century. With his notion of the _Sovereign Expressions of Life_ Løgstrup articulates his rejection of moral atomism that has become influential in recent times. The introduction and annotation by Kees van Kooten Niekerk are very helpful to see how Løgstrup's thought developed beyond _The Ethical Demand.” —__Hans S. Reinders, Vrije Universiteit, Amsterdam_. (shrink)

The rational-agent frame of reference for the analysis of corporate strategic decision-making may be expanded to a moral-agent perspective where decision content is seen as comprising both commercial and ethical factors. Relevant factors may then be classified on the basis of the ethical decision principles to which they relate: rational-egoism, self-referential altruism or deontology. This approach is then applied to the problem of decision support for strategic divestment by MNCs.

The precautionary principle is often invoked in relation to pregnant women and may be one of the underlying reasons for their continuous underrepresentation in clinical research. The principle is appealing, because potential fetal harm as a result of research participation is considered to be serious and irreversible. In our paper, we explore through conceptual analysis whether and if so how the precautionary principle should apply to pregnant women. We argue that the principle is a decision-making strategy underlying risk-benefit decisions in (...) clinical research, which can be applied to pregnant women. However, the current application is a strong one, leading to the promotion of absolute exclusion or, less often, absolute inclusion of pregnant women. In order to change this paralyzing situation, a shift toward weak precautionary thinking is necessary. Instead of automatic extreme precaution, a balance will be found between harms and potential benefits of including pregnant women in clinical research. (shrink)

Ideals (or ideal values) help people to navigate in social life. They indicate at a very fundamental level what people are concerned about, what they strive for, and what they want to be affiliated with. Transferring this to a leader-follower analysis, our first study (n = 306) confirms that followers' identification and satisfaction with their leaders are stronger, the more leaders match followers' ideal leader values. Study 2 (n = 244) extends the perspective by introducing the novel concept of counterideals (...) (i. e., how an ideal leader should not be) as a second, non-redundant point of reference. Results confirm that a leader's match on ideal and on counter-ideal values have independent effects in that both explain unique variance in followers' identification and satisfaction with their leader. Study 3 (n = 136) replicates the previous results in an experimental scenario study and provides evidence for the proposed causal direction of the underlying process. We conclude that counter-ideal values might be an additional point of reference that people use to triangulate targets above and beyond ideal values and discuss the implications of our findings for value research and management. (shrink)

As early as 2002, CIOMS stated that pregnant women should be presumed eligible for participation in research. Despite this position and calls of other well‐recognized organizations, the health needs of pregnant women in research remain grossly under‐researched. Although the presumption of eligibility remains unchanged, the revision of the 2002 CIOMS International ethical guidelines for biomedical research involving human subjects involved a substantive rewrite of the guidance on research with pregnant women and related guidelines, such as those on fair inclusion and (...) vulnerability. However, close reading of the guidelines reveals morally relevant different approaches to fair inclusion of pregnant women and other under‐represented groups, such as children and incompetents. Where CIOMS sets out that children and adolescents must be included unless a good scientific reason justifies their exclusion, no such claim of having to justify exclusion appears in the guideline on pregnant women. Instead, CIOMS claims that research relevant to pregnant women’s health needs must be promoted. This paper analyses how and to what extent the guideline on pregnant women differs from other guidance on fair inclusion in the document. Accordingly, the paper evaluates to what extent the current phrasing may contribute to fair inclusion of pregnant women in research. We will conclude that a system change towards a learning health system is essential to break down the status quo of knowledge generation in the field of medication use during pregnancy and argue that the CIOMS guidelines allow for this system change. (shrink)

Facial electromyography research shows that corrugator supercilii ('frowning muscle') activity tracks the emotional valence of linguistic stimuli. Grounded or embodied accounts of language processing take such activity to reflect the simulation or ‘reenactment’ of emotion, as part of the retrieval of word meaning (e.g., of “furious”) and/or of building a situation model (e.g., for “Mark is furious”). However, the same muscle also expresses our primary emotional evaluation of things we encounter. Language-driven affective simulation can easily be at odds with the (...) reader’s affective evaluation of what language describes (e.g., when we like Mark being furious). To examine what happens in such cases, we independently manipulated simulation valence and moral evaluative valence in short narratives. Participants first read about characters behaving in a morally laudable or objectionable fashion: this immediately led to corrugator activity reflecting positive or negative affect. Next, and critically, a positive or negative event befell these same characters. Here, the corrugator response did not track the valence of the event, but reflected both simulation and moral evaluation. This highlights the importance of unpacking coarse notions of affective meaning in language processing research into components that reflect simulation and evaluation. Our results also call for a re-evaluation of the interpretation of corrugator EMG, as well as other affect-related facial muscles and other peripheral physiological measures, as unequivocal indicators of simulation. Research should explore how such measures behave in richer and more ecologically valid language processing, such as narrative; refining our understanding of simulation within a framework of grounded language comprehension. (shrink)

There is now general agreement about the optionality of scalar implicatures: the pragmatic interpretation will be accessed depending on the context relative to which the utterance is interpreted. The question, then, is what makes a context upper- (vs. lower-) bounding. Neo-Gricean accounts should predict that contexts including factual information will enhance the rate of pragmatic interpretations. Post-Gricean accounts should predict that contexts including psychological attributions will enhance the rate of pragmatic interpretations. We tested two factors using the quantifier scale all, (...) some >: (1) the existence of factual information that facilitates the computation of pragmatic interpretations in the context (here, the cardinality of the domain of quantification) and (2) the fact that the context makes the difference between the semantic and the pragmatic interpretations of the target sentence relevant, involving psychological attributions to the speaker (here a question using all ). We did three experiments, all of which suggest that while cardinality information may be necessary to the computation of the pragmatic interpretation, it plays a minor role in triggering it; highlighting the contrast between the pragmatic and the semantic interpretations, while it is not necessary to the computation of the pragmatic interpretation, strongly mandates a pragmatic interpretation. These results favor Sperber and Wilson's ( 1995 ) post-Gricean account over Chierchia's ( 2013 ) neo-Gricean account. Overall, this suggests that highlighting the relevance of the pragmatic vs. semantic interpretations of the target sentence makes a context upper-bounding. Additionally, the results give a small advantage to the post-Gricean account. (shrink)