This article explores the relationship between neoconservative values and neoliberalism in American jurisprudence through a critique of the US Supreme Court’s Hobby Lobby decision. The article uncovers how the Court imposes market-oriented logic on religious expression and in the process spiritualizes economic activity. In this way neoliberal rationality is intertwined with neoconservative values. For example, exercising religion through corporatization can be understood as a neoconservative moderation of the corrupting influence of excessive neoliberal individualism. Finally, while the decision furthers (...) employer control of workers’ reproduction, the Court’s proposed workaround—a direct government contraceptives program—would undermine that control and points to another, more emancipatory response to the problems of neoliberalism. (shrink)

The Supreme Court’s construction of the Religious Freedom Restoration Act of 1993 (RFRA) in Hobby Lobby created a great fear among various civil rights groups, especially in the LGBT community, over what the Court might do next regarding rights of same-sex and transgender couples seeking legal protections in employment, housing, and public accommodations. Indeed, if Justice Alito’s majority position is taken for all that its logic implies, then, as Justice Ginsburg’s dissent warns, there is indeed much for the (...) civil rights community to be concerned about. However, as I show in this article, there are good reasons for not treating the Hobby Lobby case as broadly as the majority opinion’s logic might indicate. Hopefully, courts will be inclined to follow this direction. First, Justice Kennedy’s concurring opinion suggests that he joined the majority while also holding a much narrower understanding of the reasoning behind that opinion: namely, that because HHS had established an alternative means for meeting the needs of nonprofit employees where the employer had a religious objection, there was little reason in light of the importance of religious liberty not to extend that same alternative to closely held for-profit organizations. Second, a narrower interpretation of the Court’s opinion seems to better fit with RFRA’s legislative history, notwithstanding the majority’s concern that RLUIPA was passed to imply a broadened expansion of RFRA’s religious protections. It is equally possible and more consistent with RFRA’s adoption that, as the dissent notes, RLUIPA was meant to clarify “that courts should not question the centrality of a particular religious exercise.” Third, a narrow interpretation is more in keeping with the Court’s recognition of health care and equality as compelling concerns of many federal and state laws, alongside the protection of religious freedom. Finally, a narrow reading better resolves the conflict of rights lying in the background between the human right of freedom of conscience and the human right to well-being. It resolves this conflict by ensuring that no one suffers objective harm from either the denial of preventative health care or loss of civil rights protections when a compelling state interest is present, or the harm to conscience is less than substantial. (shrink)

In June 2015, in Obergefell v. Hodges, the Supreme Court of the United States determined that there is a fundamental right to marriage that extends to same-sex couples. This Article analyzes the Obergefell decision in light of the Court’s 2014 decision in Burwell v. Hobby Lobby regarding religious protections that might by analogy be afforded under state Religious Freedom Restoration Acts. In particular, the article considers whether a government official may claim the right to religious freedom to deny (...) issuing marriage licenses to same-sex couples. Additionally, the article suggests that a new standard for the separation of church and state may be required. Although the 2015 decision prevents the government from denying marriage to same-sex couples, the decision does not directly affect private businesses that choose not to provide services for same-sex weddings. It may, however, have an important indirect effect if laws are already present that prohibit sexual orientation discrimination. Therefore, the article explores possible avenues for protection from private. (shrink)

The right to conscientious objection in the provision of healthcare is the subject of a lengthy, heated and controversial debate. Recently, a new dimension was added to this debate by the US Supreme Court's decision in Burwell vs. Hobby Lobby et al. which effectively granted rights to freedom of conscience to private, for-profit corporations. In light of this paradigm shift, we examine one of the most contentious points within this debate, the impact of granting conscience exemptions to healthcare (...) providers on the ability of women to enjoy their rights to reproductive autonomy. We argue that the exemptions demanded by objecting healthcare providers cannot be justified on the liberal, pluralist grounds on which they are based, and impose unjustifiable costs on both individual persons, and society as a whole. In doing so, we draw attention to a worrying trend in healthcare policy in Europe and the United States to undermine women's rights to reproductive autonomy by prioritizing the rights of ideologically motivated service providers to an unjustifiably broad form of freedom of conscience. (shrink)

Views that say corporations can be agents in their own right, metaphysically distinct from their individual members, are increasingly popular. Given the moral significance usually attributed to agency, this raises the question of whether corporate agents have moral rights comparable with those of individual agents. In this article, I argue that, even if we accept corporations can be agents, we must conclude that their moral rights are more limited than, because they are derivative of, the rights of their individual members. (...) In so doing, I offer a version of normative individualism even those who reject methodological individualism should accept. I then apply my findings to criticize the US Supreme Court’s decision in Burwell v. Hobby Lobby. (shrink)

Religion Ain’t Sacrosanct This paper is largely an endorsement and a further elaboration of Cohen’s critical discussion of the Hobby Lobby and Hosanna-Tabor cases and the conceptual overstretch of religious freedom they embody. I disagree with Cohen, however, on the proper interpretation of this debate. Cohen construes the ominous Court cases as an anti-liberal attack on the liberal state order. My main thesis is that the root of this dispute can be traced back to a fault line within (...) liberalism between a more tolerance-leaning and a more equality-leaning tradition. I argue that the ominous cases are instances of the tolerance-leaning tradition in liberalism, which once was characteristic of the liberal tradition. Still, I agree with Cohen that this tradition should be rejected because it reverts to an obsolete interpretation of religious freedom that defends unwarranted privileges for certain groups that are out of sync with the egalitarian underpinnings of contemporary liberal political orders. (shrink)

I explore the increasingly important issue of cooperation in immoral actions, particularly in connection with healthcare. Conscientious objection, especially as pertains to religious freedom in healthcare, has become a pressing issue in the light of the US Supreme Court judgement inHobby Lobby. Section ‘Moral evaluation using the basic principles of cooperation’ outlines a theory of cooperation inspired by Catholic moral theologians such as those cited by the court. The theory has independent plausibility and is at least worthy of serious (...) consideration—in part because it is an instance of double-effect reasoning, which is also independently plausible despite its association with moral theology. Section ‘Case study:Burwell v. Hobby Lobby’ examinesHobby Lobbyin detail. Even if the judgement was correct in that case the reasoning was not, as it involved applying a ‘mere sincerity’ test to the cooperation question. The mere sincerity test leads to absurd consequences, whereas a reasonableness test applied using the theory of cooperation defended here would avoid absurdity. Section ‘A question of remoteness: “accommodations” and opt-outs’ explores the post-Hobby Lobbyproblem further, examining opt-outs and accommodations: theLittle Sisters of the Poorcase shows how opt-outs are misunderstood on a mere sincerity test, which the court rightly rejected. Section 'Application to the medical field:Doogan and Wood’ discusses the UK case ofDoogan and Wood, concerning participation in abortion. Again, a judicially recognised ethic of cooperation, if it were part of the fabric of legal reasoning in such cases, would have enabled the conscientious objectors in this and similar situations to have their freedom of conscience and religion respected in a way that it currently is not. (shrink)

In order for a religious conviction to receive protection under the First Amendment or the Religious Freedom Restoration Act (RFRA), it must be a sincere religious conviction. Some critics of the Supreme Court’s ruling in Burwell v. Hobby Lobby have suggested that the plaintiffs in that case and in related cases were motivated more by political ideology than by sincere religious conviction. The remedy, they argue, is for courts to be quicker to scrutinize claims of religious sincerity. In (...) this article, I consider another possibility—namely, that current sociopolitical partisanship in the United States has eroded a clear distinction between political ideology and religious conviction for plaintiffs in cases like Burwell v. Hobby Lobby. If this theory is correct, it is far less obvious what the proper remedy is. I consider and reject the view that newly formed religious convictions with political origins should be treated as less than sincere on those grounds. However, I do argue that whether a religious conviction seems to have been newly generated by political circumstances should be taken into account when deciding religious free exercise cases. I suggest that this could best be accounted for if the courts adopted a balanced interests approach instead of the winner-takes-all “checklist” approaches that have developed under Employment Division v. Smith and RFRA. (shrink)

This commentary defends 3 arguments for changing the label of levonorgestrel-based emergency contraception (LNG EC) so that it no longer supports the possibility of a mechanism of action after fertilization. First, there is no direct scientific evidence confirming any postfertilization mechanisms. Second, despite the weight of evidence, there is still widespread public misunderstanding over the mechanism of LNG EC. Third, this FDA label is not a value-free claim, but instead it has functioned like a political tool for reducing contraceptive access. (...) The label is laden with antiabortion values (even though EC is contraception, not abortion), and it imposes these values on potential users, resulting in barriers to access such as with Burwell v. Hobby Lobby. These 3 arguments together provide scientific, social, and ethical grounds for the FDA to take the initiate in changing Plan B's drug label. (shrink)

Contemporary conceptions and practices regarding complicity have led to the surprising emergence of citizens who seek rather than flee complicity. The purpose of this is to gain standing to challenge controversial state practices. As in the recent Hobby Lobby decision, such attempts to demonstrate complicity are not motivated by a desire to take ownership over state actions, but to justify institutional reforms or individual opt-outs that would not be legitimized absent such a finding of complicity. This article highlights (...) the danger posed by the proliferation of claims of this sort and works to unpack and critique the logic of such efforts to demonstrate complicity. Such claims rely upon implied political meanings of complicity, which affirm a strong connection between complicity, standing, and sovereignty. These political meanings of complicity are embedded in familiar conceptions of liberal democratic citizenship, but upon examination prove to be in tension with core liberal principles. By bringing to the surface the connection between complicity, standing, and sovereignty, this logic may be reformulated in such a way as to contribute to healthier modes of democratic participation. (shrink)

We should disassociate ourselves from wrongdoing. If Hobby Lobby is against LGBTQ rights, we shouldn’t shop there. If Old Navy sources their clothing from sweatshops, we shouldn’t buy them. If animals are treated terribly in factory farms, we shouldn’t eat the meat, eggs, and dairy products that come from them. Let’s call these disassociation intuitions. What explains the existence and force of disassociation intuitions? And based on that explanation, are they intuitions worth taking seriously? In other words, depending (...) on the etiology of these intuitions, should we accept that you ought to dissociate yourself from wrongdoing? Our aim here is to outline a hypothesis that would, if true, answer the first question, and which suggests a way to vindicate some disassociation intuitions as morally correct. (shrink)

In this article, the author looks back at the Hobby Lobby case and shows the role of a desecularising theological scheme borrowed from Abraham Kuyper's apologetics, the "spheres of sovereignty" scheme. Long popular in the evangelical world and among members of the Christian right, this scheme has also been introduced into legal theory and philosophy of law, and it turns out that it was very well suited to the claims of the Green family, the multi-billionaires behind the (...) class='Hi'>Hobby Lobby case. (shrink)

Blending high-interest original writing with select primary sources on political theory, From Concept to Dialogue: An Introduction to Political Theory fosters appreciation for and critical thinking about major political concepts. The text poses thought-provoking questions that guide readers into drawing critical information out of challenging material. Section 1 of the text introduces key concepts and questions of political theory such as human nature, political change, justice, power, governance, and citizenship. Each chapter in this section contains engaging activities that allow readers (...) to apply these concept to their lives. In Section 2 readers are introduced to seminal thinkers including Aristophanes, Plato, Machiavelli, Hobbes, Locke, Rousseau, and Mill. Original works such as The Clouds, The Prince, the Apology of Socrates, and Leviathan are framed by introductions that place them in context. The discussion questions spark thought and discussion, support comprehension and retention, and encourage reflection on the concepts and questions in Section 1. Featuring foundational readings geared to students with no prior exposure to the discipline and original material that shows how they relate to our contemporary political world, From Concept to Dialogue is an ideal textbook for courses in introductory political science and political philosophy. Elissa Alzate holds a Ph.D. in political science from the University of California, Davis. Dr. Alzate is currently an assistant professor at Winona State University in Minnesota, where she has taught courses in the history of political thought, political ideologies, American political thought, political theories of education, religion and toleration in political thought, and feminist political theory. Her writing has appeared in Polity, and she is the author of the book Religious Liberty in a Lockean Society: Burwell v. Hobby Lobby, which is forthcoming from Palgrave MacMillan. Dr. Alzate is a member of the American Political Science Association and the Association for Political Theory. (shrink)

THE MOST SACRED FREEDOM includes eight essays that were first presented at the 2014 A.V. Elliott Conference on Great Books and Ideas, the seventh annual conference sponsored by Mercer Universitys Thomas C. and Ramona E. McDonald Center for Americas Founding Principles. Together, these essays explore the great principle of religious liberty by charting its development in the Western tradition and reconsidering its place at Americas founding. The book begins with a comparison between the flood accounts in Genesis and the Mesopotamian (...) Atra-Has's and advances all the way to the 2014 Supreme Court case Burwell v. Hobby Lobby. The intervening chapters examine the contributions of figures such as Emperor Julian, Roger Williams, Cecilius Calvert, John Locke, Jean-Jacques Rousseau, and the American Founders. Contributors to the volume are Steven Grosby, Jeremiah H. Russell, Maura Jane Farrelly, Daniel Cullen, John Witte, Jr., Scott Yenor, David Ramsey, and Michael Novak. (shrink)

Institutional Religious Accommodation in the US and Europe Jean Cohen argues that recent US Supreme Court decisions about institutional accommodation are problematic. She rightly points out that justice and the liberal concept of freedom of consciousness cannot do the work in Hobby Lobby and Hosanna-Tabor: what does the work is a medieval political-theological conception of church immunity and sovereignty. The first part of this commentary sketches how the autonomy of churches and religious associations can be considered from a (...) liberal perspective, avoiding the pitfall of the medieval idea of libertas ecclesiae based on church immunity and sovereignty. The second part discusses the European jurisprudence about institutional accommodation claims and concludes that until now the European Court of Human Rights is more nuanced and its decisions are more in line with liberalism than the US Jurisprudence. (shrink)

Religious Sovereignty and Group Exemptions This response concurs with Cohen’s critique of the Hobby Lobby and Hosanna-Tabor cases but investigates whether religious accommodation might sometimes be justified in the case of institutions and groups (not just individuals). It suggests that exemptions for associations that are recruited to advance state purposes (e.g., in welfare or education) may be more justifiable than where private associations seek to maintain illiberal – for example, discriminatory – rules in line with their religious ethos. (...) Non-democratic associations with a strong religious ethos might in principle enjoy permissible accommodation on the grounds that its members acquiesced to that ethos by joining the association, but only if other conditions are met. Democratic associations with a religious ethos have in principle a stronger claim for accommodation; in practice, however, few religious associations are internally democratic, especially where they seek to preserve illiberal internal rules. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Women, Ethics, and Inequality in US Healthcare: “To Count among the Living” by Aana Marie Vigen, and: New Feminist Christianity: Many Voices, Many Views ed. by Mary E. Hunt and Diann L. NeuKelly Denton-BorhaugWomen, Ethics, and Inequality in US Healthcare: “To Count among the Living” By Aana Marie Vigen NEW YORK: PALGRAVE MACMILLAN, 2011. 304 PP. $31.11New Feminist Christianity: Many Voices, Many Views Edited by Mary E. Hunt (...) and Diann L. Neu WOODSTOCK, VT: SKYLIGHT PATHS, 2010. 384 PP. $24.99In this age of the Supreme Court Hobby Lobby decision, which declared that corporation owners’ religious commitments could provide a basis for denial of their employees’ critical reproductive health insurance benefits (with particular impact on the lives of women), ethical investigation of medical sociology, theology, and the realities of women’s lives is more important than ever. Originally released in 2006, Aana Marie Vigen’s Women, Ethics, and Inequality in US Healthcare makes important headway through these complex waters. And for this volume in the Palgrave Macmillan Series on Black Religion / Womanist Thought / Social Justice, editors Dwight N. Hopkins [End Page 202] and Linda E. Thomas set forth the goal to “pioneer conceptual work and boundary-pushing effort engaging Black Religion or Womanist thought, and social justice” (xiv).Rereleased in paperback in 2011 with a new preface, Vigen’s updated health statistics reveal how racial-ethnic minorities “continue to be overrepresented among the ranks of the uninsured and/or of those living in poverty” (xliii). Her project is to better understand what enables and perpetuates this inequitable distribution and oppression, and to suggest methods of redress and reform. But in order to accomplish any of this, society in general and especially those with socioeconomic power—including administrative leaders in health care, medical providers, and ethicists—need to listen much more deeply to the stories of those who are most vulnerable and are being most negatively affected by current health care systems and practices. For Vigen, this meant a decision to focus on in-depth interviews with eight black and Latina women with breast cancer, in addition to six health care providers.With this method, Vigen pursues a very ambitious goal to, as she puts it, “begin a conversation among several distinct dialogue partners: medical sociology, biomedical ethics, ethnography, theology, and feminist social ethics” (5). She uses a “reflexive” practice, striving for openness to the new insights and ideas that emerged from this creative, multidisciplinary encounter. However, even before launching her interviews, her analysis of the process to seek approval from the Institutional Research Board illustrates the “clash of cultures” she would encounter, as she writes, “one cannot take for granted that others will share the view that women of color are able to speak truth in their own right and out of their own experiences—without comparison to others—about human personhood, dignity, and adequate healthcare quality” (107). It is to Vigen’s credit that she remained undeterred; if anything, the struggle she encountered with powerful leaders helped to confirm and focus the value of this work: not to tell every story, “but to tell a few with care and attention to detail” (108).Vigen’s ethnographical method makes it possible for her to illuminate and address not only stark inequities but also much subtler dynamics of racism combined with socioeconomic discrimination. Along the way, she illustrates a wide variety of experiences of oppression. In contrast to the experience of white patients, these female patients of color tended to be sent to the accounting/financing office before being allowed to see the doctor (144). Though white patients may express strong emotions in medical settings, some women of color felt pressured to reassure white doctors that they could be rational and not overly emotional (141). Socioeconomic and racial discrimination often reinforced one another in these settings. Perhaps most alarming, Vigen notes, the white care providers she interviewed seemed to be very unconscious of [End Page 203] their own racial identity and its role in medical care encounters (165). Her final chapter concludes with a series of immensely practical ethical mandates that would help alter these oppressive patterns. Clergy, students of ethics, and anyone... (shrink)

Semi-DeMorgan algebras are a common generalization of DeMorgan algebras and pseudocomplemented distributive lattices. A duality for them is developed that builds on the Priestley duality for distributive lattices. This duality is then used in several applications. The subdirectly irreducible semi-DeMorgan algebras are characterized. A theory of partial diagrams is developed, where properties of algebras are tied to the omission of certain partial diagrams from their duals. This theory is then used to find and give axioms for the largest variety of (...) semi-DeMorgan algebras with the congruence extension property. (shrink)

Los lobbies de los “pseudoescépticos”, sus acciones y cómo neutralizar sus planes desde la Filosofía de Gustavo Bueno.

“Responsible lobbying” is an increasingly salient topic within business and management. We make a contribution to the literature on “responsible lobbying” in three ways. First, we provide novel definitions and, thereby, make a clear distinction between lobbying and corporate political activity. We then define responsible lobbying with respect to its content, process, organization, and environment, resulting in a typology of responsible lobbying, a conceptual model that informs the rest of the paper. Second, the paper provides a thematic overview of the (...) current literature underpinning lobbying and the responsible firm, and the underlying paradigms informing this literature. Third, the paper makes specific suggestions for a future research agenda, ending with a consideration of methodological implications of such research. (shrink)

In this paper we develop a typology of ‘non-commercial’ approaches to farming, based on a survey of a representative sample of farmers in Scotland, United Kingdom. In total, 395 farmers indicated that they do not seek to make a profit on their farms. We estimate that these non-commercial approaches to farming are utilised on at least 13% of agricultural land in Scotland. As such, non-commercial farming is not a marginal practice, nor are NCF limited to small-scale ‘hobby’ farms: NCF (...) exist across the scale of agricultural holding sizes and are operated by a wide range of socio-demographic cohorts. We identify 6 types of NCF: agricultural residences, specialist smallholdings, horsiculture holdings, mixed smallholdings, amenity mixed farms, and large farms or estates. These types were differentiated primarily by the scale of farm size, presence of diversification activities and types of animal present. The analysis demonstrates a number of emergent patterns of land management: de facto land abandonment, transition towards ‘horsiculture’, and management differences between retiring and new entrant NCF. We argue that the types identified reflect a number of intersecting issues in contemporary agrarian transitions, particularly the aging farmer population; generational renewal; and gendered implications of agricultural restructuring. (shrink)

This article contends that the influence of Australian rock musician Lobby Loyde has been overlooked by Australia’s popular music scholarship. The research examines Loyde’s significance and influence through the neglected sphere of his work (1966–1980) with The Coloured Balls, The Purple Hearts, The Wild Cherries, The Aztecs, Southern Electric, Sudden Electric and Rose Tattoo, and his role as producer in the late-1970s until his death. First, it explores how he has been discussed by his musical peers and respected Australian (...) rock historians. Second, it details Loyde’s musical origins and work with early bands during the period in which he was first referred to as Australia’s first guitar hero. Third, it investigates the career and influence of The Coloured Balls, their relationship with the 1970s youth subculture known as the ‘sharpies’, and the media-fuelled moral panic which surrounded both the band and the sharpies. Fourth, it assesses Loyde’s work as a producer in the 1980s, and late-in-life recognition by the Australian music industry. In doing so, the article shows the nature and importance of Loyde’s contribution to Australia’s popular music industry and discusses why he is only known to a strong but small fraction of the Australian public. (shrink)

Conversely to the United States, lobbying consulting in France is a relatively recent activity and is perceived negatively by a majority of the population. Influencing public decision-making is certainly a sensitive occupation at both managerial and societal levels. This is why ethics applied to business can play a central role while establishing the practice of lobbying in France. This paper examines the issues and the practices of ethics in lobbying consulting. The field for this exploratory study is a lobbying consultancy (...) firm based in France. Our research is developed through a 3-month participant observation and complemented with secondary data on the lobbying profession in France. The results of this research are developed along two lines: The practice of ethics in lobbying consultancy firms reveals its limits as well as a framework worth developing. The players and the represented client topics are potential dangers for ethical lobbying firms. This intervention research has nevertheless allowed us to observe the emergence of an effective regulation approach: the ethics of exemplarity as potentially illustrated by a representative actor of the French lobbying consulting profession. The stakes of ethics are both internal and external to lobbying consulting professionals in France. Internally, ethics act as a structuring element enabling this profession to establish itself with practices and deontological codes; externally, it clarifies the relationship between lobbying consultants and their major stakeholders including customers, government, and the civil society. (shrink)

This article studies the lobbying strategies of national business associations against the background of increasing Europeanization. It addresses the question whether national associations have withered away during the process of European integration. On the basis of neo-functionalist integration theory and the multi-level governance perspective, a number of hypotheses are generated about the fate of national associations in the European integration process. An extensive empirica[ study of the EU financial services sector analyzes these hypotheses. The data show that European financial integration (...) has not caused the withering away of national business associations as predicted by neofunctionalist theory. The data not only confirm the MLG hypothesis that national associations develop direct lobbying strategies at different levels of the EU multi-level system in order to gain access to the European decision-making process. In addition, the results also confirm the hypothesis that national associations undertake indirect lobbying strategies with the aim of gaining institutional access. Finally, the degree to which national associations gain access to the European institutions is explained in terms of a theory of supply and demand for access goods. (shrink)

The paper focuses on demonstrating that, in spite of the controversies, lobbying has become an important political communication tool for churches and religious organizations in the United States and in the European Union as well. The American highly regulated lobbying system is compared to the lowly regulated system working at the level of European institutions. The following analysis highlights the differences that the two environments have generated in terms of the main issues and tools used by churches and religious organizations (...) in order to influence policy-making, mainly in the framework of the pluralist - corporatist dichotomy. While the American religious lobbying has been very efficient in influencing the public policy regarding issues like the health care reform, immigration, same-sex marriage, abortion etc., the most significant result of the European religious lobbying has been the recognition of religious communities as partners of dialogue for the European institutions. (shrink)

This article responds to the new and major work on Lobby Loyde by Paul Oldham. It focuses on the middle period of Loyde’s career, from the Chicago-period Billy Thorpe and the Aztecs through to Lobby’s work with Sharpie band (was it?) Coloured Balls, and connects and compares Lobby’s trajectory to that of the post-Lobby Aztecs, as expressed in Sunbury, the 1972 parallel Australian event to Woodstock. Who led these processes, the bands or the crowds? If the (...) crowd claimed a band, what happened to musical autonomy in this process? This was a moment when mass audience response became tribal, and opened the possibility that musicians were no longer in charge of their art. Trying to escape from the wiles of the music industry, these musicians instead seem to have become captive to their audiences. (shrink)

This paper presents an ethical approach to the use of lobbying within the context of the relationships among U.S. organizations, their lobbyists, and government officials. After providing a brief history of modern-day lobbying activities, lobbying is defined and described focusing on its role as a strategic marketing tool. Then ethical frameworks for understanding the impact of these practices on various external constituencies are delineated with an emphasis on the communitarian movement advanced by Etzioni. Consistent with the call for "informed advocacy" (...) by Laczniak (1993), the paper closes with an examination of the ethics of specific lobbying activities. (shrink)

The main argument of this paper is that the legal regulation of lobbying is an important factor for disciplining/curbing the undue (illicit) influence of different interest groups on the political-making process, especially in countries with post-communist and nonconsolidated democracies such as Albania. In three decades of political and economic transition from a one-party communist system to a democratic one and towards a market economy, the democratization of Albania has faced various problems, which have often led to a loss of public (...) confidence in the political class and apathy of citizens towards the political system. In many cases, this has come as a result of the perception or even the disclosure by the media and the public of corruption scandals, political clientelism, or undue influences in the decision-making processes in Albania. Surely, it can be said that political scandals of trading or exercising illicit influences on public officials can affect, as numerous cases have shown, every democratic political system in the world. However, they are more likely to occur in new democracies (post-communist) countries that face weak state structures and a legal environment that is not yet well consolidated and where a culture of informality exists alongside written rules and laws. For this purpose, that of disciplining and controlling the influences that specific interests exert on the decision-making process of governments, legislatures, or other regulatory agencies, a good part of European countries have considered undertaking legal regulatory initiatives for lobbying activity in their environments. (shrink)

ABSTRACTIn this essay, I defend sport as a hobby in contrast to sport as a ‘mutual quest for excellence through challenge’. With the assistance of ideas found in the novel Don Quixote, I rai...

The Man Without a Hobby is the memoir of Tibor Machan, a first generation refugee who escaped both a political and a personal tyranny early in his life and embarked upon a search for an understanding of what it means to live freely and ...

This contribution is about semiology and art history. More specifically, it argues against the frequent claims that art history ought to take much more notice of semiology than it has tended to do so far. The argument against these claims is simple and basic: art history deals largely with images, and semiology does not — it has, in fact, little to say about them.Semiology has recently been presented as a “supra-disciplinary” theory” that, although in practice most often applied to written (...) texts, could equally well be applied to the art of painting. It has been considered merely a “historical accident” that semiotics was developed primarily “in conjunction with literary texts”. I do not think this is so. Semiology (or semiotics) not only has a strong anti-iconical bias, this bias was in fact one of its principles from the very beginning.Furthermore, the so-called “supra-disciplinary theory” of semiotics (in the form advocated for the humanities) is based upon specific views of language, signification and meaning, and these are not as evident as they are often made out to be — not even with regard to language itself. In particular the overriding importance attached to the role of “arbitrariness” within sign systems is questionable.In any case images are indeed in a class of their own, and without the acknowledgement of what is typical about them, it is hard to make much sense of either their use or construction — let alone of the history of art. (shrink)

Rather than being inherently evil, business lobbying is a socially responsible activity which needs to be restrained by ethical standards. To be effective in a business environment, traditional ethical standards need to be translated into language which business persons can speak comfortably. Economical explanations must also be available to explain why ethical standards are appropriate in business. Eight such standards and their validating arguments are proposed with examples showing their use. Internal dialogues regarding the ethics of lobbying objectives and tactics (...) will plausibly occur only in businesses which recognize social responsibility mandates. Public interest stakeholders could hasten this recognition by making use of information made available by the Lobbying Disclosure Act of 1995 to institute external dialogues regarding lobbying by specific businesses and industry groups. Given practical ethical standards and the information on business lobbying provided by the law, the press, corporate activists, consumers, pension fund managers and the public can apply pressure for ethical lobbying practices. (shrink)

Rather than being inherently evil, business lobbying is a socially responsible activity which needs to be restrained by ethical standards. To be effective in a business environment, traditional ethical standards need to be translated into language which business persons can speak comfortably. Economical explanations must also be available to explain why ethical standards are appropriate in business. Eight such standards and their validating arguments are proposed with examples showing their use. Internal dialogues regarding the ethics of lobbying objectives and tactics (...) will plausibly occur only in businesses which recognize social responsibility mandates. Public interest stakeholders could hasten this recognition by making use of information made available by the Lobbying Disclosure Act of 1995 to institute external dialogues regarding lobbying by specific businesses and industry groups. Given practical ethical standards and the information on business lobbying provided by the law, the press, corporate activists, consumers, pension fund managers and the public can apply pressure for ethical lobbying practices. (shrink)

"A class of men who are exceedingly tiresome are those who, having traveled, talk of nothing but their adventures, the countries which they have seen or traversed, the dangers, whether real or fictitious, which they have encountered, repeating the same things an hundred times over.

Is protection for sale? In this research, we examine the effect of corporate lobbying on the disbursement of proceeds of the recent antidumping petitions under the Continued Dumping and Subsidy Offset Act, the so-called Byrd amendment. With the use of novel U. S. Customs Service data on the disbursements of the antidumping duties to the injured firms, we find that the petitioning firms that spend more on lobbying gain larger proceeds. We conclude that firms that lobby are the ones (...) that get protection, not necessarily the healthy ones. (shrink)

While there may be several practical concerns regarding the practice of corporate lobbying of government officials, there is the more basic question of a corporation’s moral right to do so. I argue that group agents such as corporations have no moral rights, and thereby cannot have the right to lobby. There may be a basis for some legal rights for corporations, but I argue that lobbying cannot be one of the legal rights, even by reference to the rights of (...) the individuals that make up the corporation. I end the paper by a discussion of how this argument applies to all private organizations, including public interest organizations. (shrink)

The phenomenon of lobbying is considered as a mechanism for representing group interests, a system and practice of realizing the social interests of various groups, unions and associations of citizens, as well as business groups and corporations, which act through purposeful influence on the legislative power and state administrative structures. The informational and communicative essence of lobbying is revealed, and informational lobbying is singled out as a specific type of lobbying activity in the conditions of a post-industrial society. Information lobbying (...) is defined as a method of information support for the activities of certain interest groups, structures operating in the sphere of decision-making by state authorities and local governments, and a special way of forming and supporting communications, which has specific features, principles and norms of information exchange and reproduction of political contacts, communication channels and other components. It is proven that the communicative nature of information lobbying allows its subjects to organize political discourse. In general, it is appropriate to define information lobbying as a form of marketing communications, which is a specific result of the development of political markets in the conditions of developed representative democracy, when the owners of large public resources begin to play a special political role. Like any type of marketing communications, information lobbying is focused on establishing two-way relations and forming feedback between the communicator and the recipient. A special direction of information lobbying is international lobbying activity, which is interpreted as the interaction of legal entities or individuals with state power structures and management institutions that are formed at the global level, in order to influence the development and decision-making by them in their own interests or in the interests of specific clients. (shrink)

AbstractMultinationals’ aggressive tax lobbying that involves free-riding behaviour and results in disproportional benefits to the disadvantage of other taxpayers, is problematic for several reasons. Such lobbying undermines the legitimacy of tax legislation and has a negative impact on trust in the tax system. Based on Immanuel Kant’s ethical theory, this article first suggests a new normative basis for a moral duty that requires multinationals and their leaders to be transparent about their political activities and tax lobbying. Next, it introduces a (...) new concept of transparency in respect of tax lobbying. ‘Deliberative transparency’ requires multinationals and their leaders not only to be open about their reasons for tax lobbying, but also to deliberate with stakeholders and, maybe even more importantly, to provide evidence supporting their lobbying positions. Finally, based on these new understandings, additional government interventions against aggressive tax lobbying are suggested, for example mandatory stakeholder consultation, reporting on stakeholder attitudes and perception, and evidence-based lobbying requirements. (shrink)

This study evaluates the ethical criteria lobbyists consider in their professional activities using Ruth Edgett's model for ethically desirable public relations advocacy. Data were collected from self-administered surveys of 222 registered lobbyists in Oregon. A factor analysis reduced 18 ethical criteria to seven underlying factors describing lobbyists' ethical approaches to their work. Results indicate that lobbyists consider the following factors in their day-to-day professional activities: situation, strategy, argument, procedure, nature of lobbying, priority, and accuracy. This framework, derived from Edgett's 10 (...) criteria, illustrates the importance of context while incorporating ideas from recognized ethical theories. (shrink)