While it is generally agreed that companies need to manage their relationships with their stakeholders, the way in which they choose to do so varies considerably. In this paper, it is argued that when companies want to communicate with stakeholders about their CSR initiatives, they need to involve those stakeholders in a two-way communication process, defined as an ongoing iterative sense-giving and sense-making process. The paper also argues that companies need to communicate through carefully crafted and increasingly sophisticated processes. Three (...) CSR communication strategies are developed. Based on empirical illustrations and prior research, the authors argue that managers need to move from ‘informing’ and ‘responding’ to ‘involving’ stakeholders in CSR communication itself. They conclude that managers need to expand the role of stakeholders in corporate CSR communication processes if they want to improve their efforts to build legitimacy, a positive reputation and lasting stakeholder relationships. (shrink)

This article considers whether psychopaths should be held criminally responsible. After describing the positive law of criminal responsibility in general and as it applies to psychopaths, it suggests that psychopaths lack moral rationality and that severe psychopaths should be excused from crimes that violate the moral rights of others. Alternative forms of social control for dangerous psychopaths, such as involuntary civil commitment, are considered, and the potential legal implications of future scientific understanding of psychopathy are addressed.

Kierkegaard i fortid, nutid og fremtid -- Livssyn -- Livsidealer -- Livsrammer -- Livsrum -- Livsudfordringer.

_Explanation and Power _ was first published in 1988. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions. The meaning of any utterance or any sign is the response to that utterance or sign: this is the fundamental proposition behind Morse Peckham's _Explanation and Power. Published_ in 1979 and now available in paperback for the first time, _Explanation and Power _grew out of Peckham's (...) efforts, as a scholar of Victorian literature, to understand the nature of Romanticism. His search ultimately led back to—and built upon—the tradition of signs developed by the American Pragmatists. Since, in Peckham's view, meaning is not inherent in word or sign, only in response, human behavior itself must depend upon interaction, which in turn relies upon the stability of verbal and nonverbal signs. In the end, meaning can be stabilized only by explanation, and when explanation fails, by force. Peckham's semiotic account of human behavior, radical in its time, contends with the same issues that animate today's debates in critical theory — how culture is produced, how meaning is arrived at, the relation of knowledge to power and of society to its institutions. Readers across a wide range of disciplines, in the humanities and social sciences, will welcome its reappearance. (shrink)

In this article a case is made for the importance of a previously overlooked phenomenon, physical empathy orcompathy,defined as the physical manifestation of caregiver distress that occurs in the presence of a patient in physical pain or distress. According to the similarity of a caregiver's response to the original symptoms, there can be four types of compathetic response: identical, initiated, transferred, and converted. Controlling for the compathetic response may involve narrowing one's focus and/or changing caregiver attitudes. Finally, we argue that (...) while the compathetic response may be beneficial to the caregiving relationship, enabling the provision of appropriate and adequate humane treatment and care, the caregiver must at times shield against the compathetic response in order to provide care. (shrink)

Recent advances in machine learning methods have created opportunities to eliminate unfairness from algorithmic decision making. Multiple computational techniques (i.e., algorithmic fairness criteria) have arisen out of this work. Yet, urgent questions remain about the perceived fairness of these criteria and in which situations organizations should use them. In this paper, we seek to gain insight into these questions by exploring fairness perceptions of five algorithmic criteria. We focus on two key dimensions of fairness evaluations: distributive fairness and procedural fairness. (...) We shed light on variation in the potential for different algorithmic criteria to facilitate distributive fairness. Subsequently, we discuss procedural fairness and provide a framework for understanding how algorithmic criteria relate to essential aspects of this construct, which helps to identify when a specific criterion is suitable. From a practical standpoint, we encourage organizations to recognize that managing fairness in machine learning systems is complex, and that adopting a blind or one-size-fits-all mentality toward algorithmic criteria will surely damage people’s attitudes and trust in automated technology. Instead, firms should carefully consider the subtle yet significant differences between these technical solutions. (shrink)

This Essay examines the elegantly simple idea that consent to medical treatment or participation in human research must be “informed” to be valid. It does so by using as a case study the controversial clinical research trial known as the Surfactant, Positive Pressure, and Oxygenation Randomized Trial. The Essay begins by charting, through case law and the adoption of the common rule, the evolution of duties to secure fully informed consent in both research and treatment. The Essay then utilizes the (...) SUPPORT study, which sought to pinpoint the level of saturated oxygen that should be provided to extremely low birth weight infants to demonstrate modern complexities and shortcomings of the duty to secure informed consent. This Essay shows how the duty is measured by foreseeability of risks and benefits in human research and why federal regulators believed the tradeoffs in risk and benefits from differing oxygen levels administered in the support study were foreseeable. It then explores the contours of the duty to secure informed consent when applied to researchers who also serve as treating physicians, highlighting how common law duties differ in jurisdictions that apply the professional standard and those that apply the patient-centered material risk standard. This Essay provides new insight into what the law must do to make real the notion that [e]very human being of adult years and sound mind has a right to determine what shall be done with his body.”. (shrink)

Cross-sector partnerships are currently praised as capitalism’s key governance instrument to address development challenges. Although some concern has been raised about the effectiveness of such partnerships, little is known about their actual impact. Often it is assumed that partnership outputs transform straightforwardly into societal impact such as poverty alleviation. This article problematizes this assumption. Employing a critical micro-level study, which draws on a qualitative case study of a nongovernmental organization (NGO)–business partnership in Ghana, we examine how outputs provided by a (...) partnership are put to use and perceived as beneficial from the point of view of its beneficiaries. The findings show that the partnership results in what we term “competences without agency” since it provides new resources and knowledge to the beneficiaries but fails to generate the conditions for these to be transformed into significant changes in their lives. Drawing on the concept of empowerment, we propose a new framework, which conceptualizes “impact as empowerment” and highlights currently unrecognized dynamics, which contribute to shaping the ability of a partnership to serve as a development agent. (shrink)

This article demonstrates that there is no free will problem in forensic psychiatry by showing that free will or its lack is not a criterion for any legal doctrine and it is not an underlying general foundation for legal responsibility doctrines and practices. There is a genuine metaphysical free will problem, but the article explains why it is not relevant to forensic practice. Forensic practitioners are urged to avoid all usage of free will in their forensic thinking and work product (...) because it is irrelevant and spawns confusion. (shrink)

Professor Gideon Yaffe’s recent, intricately argued book, The Age of Culpability: Children and the Nature of Criminal Responsibility, argues against the nearly uniform position in both law and scholarship that the criminal justice system should give juveniles a break because on average they have different capacities relevant to responsibility than adults. Professor Yaffe instead argues that kid should be given a break because juveniles have little say about the criminal law, primarily because they do not have a vote. For Professor (...) Yaffe, age has political rather than behavioral significance. The book has many excellent general analyses about responsibility, but all are in aid of the central thesis about juveniles, which is the central focus of this essay review. After addressing a few preliminary issues, the essay discusses Professor Yaffe’s negative argument against the validity of the behavioral difference rationale for giving juveniles a break. If the negative case fails, which the essay argues it does, then the only issue is whether the book’s alternative is desirable. Again, the essay argues that it is not, and concludes by offering three positive arguments for the traditional rationale: coherence and simplicity; a benignly definitional argument that survives the negative argument and supports giving juveniles a break in the exceedingly unlikely event that the empirical assumptions of the traditional rationale are proven incorrect; and a proposal for individualization of the culpability assessments of juveniles so that the criminal justice system blames and punishes them proportionately to their culpability. (shrink)

It is idle of [J. Hillis] Miller and [Wayne C.] Booth, and [M. H.] Abrams too, to talk about the methodology of interpreting complex literary texts before they have determined what interpretational behavior is in ordinary, mundane, routine, verbal interaction. The explanation for this statement lies in the logical and historical subsumption of literary written texts by all written texts. In the subsumption of written texts by spoken verbal behavior, in the subsumption of spoken verbal behavior by semiotic behavior, and (...) in the subsumption of semiotic behavior by whatever it is we are responding to when we use the word "meaning." If Professor Booth goes into his usual coffee shop to get his morning coffee, and says to the waiter, "I'd like a cup of coffee, please," and the waiter brings it to him, what has happened? What is the methodology of the waiter? It is not absurd to ask why the waiter does not bring the America Cup filled to the brim with unroasted coffee beans, nor why Professor Booth does not say, "I asked you for a cup of coffee, but you have brought me a cup of mostly hot water." Moreover, if Professor Booth searches the literature of linguistics and of psychology in order to locate those studies and experiments which will tell him about the methodology of the waiter, he will find very little. The original program of linguistics set forth a hierarchy of investigation, beginning with phonemics, and going on through morphemics, syntactics, semantics, to pragmatics. But as yet very little has been accomplished above syntactics. Psychologists, at least of the typical academic breed, seem to be unaware of the problem. Morse Peckham, Distinguished Professor of English and Comparative Literature at the University of South Carolina, is the author of Beyond the Tragic Vision, Man's Rage for Chaos, Victorian Revolutionaries, Art and Pornography, Explanation and Power: An Inquiry into the Control of Human Behavior, and two volumes of collected essays, The Triumph of Romanticism and Romanticism and Behavior. (shrink)

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This Advanced Introduction to Substantive Criminal Law explores the doctrines, issues and controversies in the substantive field of criminal law. Chapters cover important theoretical and doctrinal topics, including the justifications for state blame (...) and punishment, the foundations for criminalization, the prima facie case, affirmative defences of justification and excuse, and sentencing. Stephen J. Morse uses copious concrete examples drawn from cases, statutes and extended case studies, including the intricate grading of homicide, to enliven the discussion. Key Features: - Concise and accessible format - Theoretical explication of doctrinal intricacies - Informative coverage and real world examples of criminal law - Discussion of the challenges and responsibilities surrounding legal concepts of the person. Providing a compact and succinct introduction to the rich scholarship of the field, this Advanced Introduction will be an ideal read for lawyers and law students interested in criminal law and justice. It will also be a valuable resource for law enforcement personnel and anyone looking to understand the role of criminal law as a means to achieve justice and social safety. (shrink)

How to respond justly to the dangers persistent violent offenders present is a vexing moral and legal issue. On the one hand, we wish to reduce predation; on the other, we want to treat predators fairly. The central theme of this paper is that it is difficult to achieve both goals without compromising one of them, and that both are being seriously undermined. I begin by explaining the legal theory, doctrine and practice governing dangerous offenders and demonstrate that the law (...) leaves a gap in the ability to confine them. Next I explore the means by which the law has overtly or covertly sought to fill the gap. Many of these measures, especially the new form of civil commitment for sexual predators, dangerously conflate moral and medical categories. I conclude that pure preventive detention is more common than we usually assume, but that this practice violates fundamental assumptions concerning liberty under the American constitutional regime. (shrink)

This chapter addresses the potential contributions of neuroscience to legal policy in general and criminal justice in particular. The central question is whether neuroscience is relevant to legal policy. The chapter begins with speculation about the source of claims for the positive influence of neuroscience. It then turns to the scientific status of behavioral neuroscience. The next section considers the two radical challenges to current policies that neuroscience allegedly poses: determinism and the death of agency. The penultimate section addresses the (...) question of the specific relevance of neuroscience to legal doctrine, practice, and institutions. The final section points to some areas warranting modest optimism. The general conclusion, however, is that neuroscience is scarcely useful at present but may become more relevant as the science progresses. (shrink)

In the eighteenth century 'virtue' was a word to conjure with. It called to mind heroic predecessors from the Roman Republic such as Cato and Brutus and invoked qualities of personal integrity, selflessness and a concern for the common good, which, though urgently needed, seemed desperately lacking, both in the ruthless party struggles of the age of Anne and subsequently in the all-pervading political corruption of the Walpole administration. When the longed-for political saviour failed to materialize it was increasingly felt (...) that if virtue existed at all then it would have to be sought for among the lower orders of society or else in provincial areas, where simpler and nobler values might still prevail. But with the coming of the French Revolution and Romanticism virtue began to lose its powerful resonances - it now seemed naive and simplistic, all too ready to deny both the complexities of human nature and the possibility of determination by external cultural forces. (shrink)

An attempt to understand the nineteenth-century's need to derive order from the individual rather than the objective world.

This paper explores the historic philosophical contributions ofMill and Marx toward a comprehensive conception of intellectual freedomas a basic educational entitlement. In a perhaps surprising confluence,Marx's theory of a material base for freedom of thought is then extendedin a discussion of contemporary freedoms including, importantly,academic freedom and its implication for teaching, the profession andits training.

Within the burgeoning corporate social responsibility (CSR) communication literature, the question of the relationship between CSR practices and CSR communication (or between “walk” and “talk”) has been a central concern. Recently, we observe a growing interest in formative views on the relation between CSR communication and practices, that is, works which ascribe to communication a constitutive role in creating, maintaining, and transforming CSR practices. This article provides an overview of the heterogeneous landscape of formative views on CSR communication scholarship. More (...) specifically, we distinguish between three variants of such formative views: walking-to-talk, talking-to-walk, and t(w)alking. These three orientations differ primarily regarding the temporal dynamics that they ascribe to the relation between CSR communication and practices and regarding the object that is formed through communication. This new typology helps systematize the emerging field of research on CSR communication, and we use it as a compass to provide directions for future research in this area. (shrink)

This is the corner into which I beheld a capitalist driven. I say capitalist. But the man was only a day-laborer, and had found it difficult to keep a small family in ordinary comfort. “Nobody is to blame but myself that I am not rich,” he said, “I have neglected to pursue the proper course. But that course was open to me, as it is to everybody in this country. The way is before every man’s eyes; it needs but the (...) will and—the brains!” So, I said, he was a capitalist. If he lay in the gutter and drank swill, he would still be a capitalist. For “out of the abundance of the heart the mouth speaketh,” even with more oracular power than out of the abundance of gold. (shrink)

This chapter addresses the many topics concerning the mind that Michael Moore has written about for many decades, including the metaphysics of mind and action, the act requirement in criminal law, the basis for the excuse of legal insanity, a volitional or control excuse, and the relation of the new neuroscience to law. Rather than primarily responding to Moore’s influential work, the chapter largely considers issues that are complementary to Moore’s work. The chapter does question whether metaphysical issues must be (...) resolved to engage in constructive legal analysis, but concludes generally that Moore is right about most topics he covers. There is room for constructive disagreement, however, and the chapter notes the areas in which this is fruitful. (shrink)

Although most scholars have ignored it, William James’s critique of Hegel, as developed in his book A Pluralistic Universe, poses a significant challenge to Hegelian thought. While not every argument James levels against Hegel is valid, and some are bogus, at least two of his arguments are highly persuasive—the charge of “vicious intellectualism” and the charge of “false unity.” As a result of leveling these charges, James escapes Hegel’s logic and is able to establish pragmatism as an original position in (...) the history of ideas. He also offers an entirely new and serious critique that modern day defenders of Hegel must contend with—a critique that, unless it is addressed, makes pragmatism seem to be a more reasonable philosophy to adopt than Hegel’s. (shrink)

This paper develops a media theoretical extension of the communicative view on corporate social responsibility by elaborating on the characteristics of network societies, arguing that new media increase the speed and connectivity, and lead to higher plurality and the potential polarization of reality constructions. We discuss the implications for corporate social responsibility of becoming more polyphonic and sketch the contours of “communicative legitimacy.” Finally, we present this special issue and develop some questions for future research.

This article examines the legitimacy attached to different types of multi-stakeholder data partnerships occurring in the context of sustainable development. We develop a framework to assess the democratic legitimacy of two types of data partnerships: open data partnerships and closed data partnerships. Our framework specifies criteria for assessing the legitimacy of relevant partnerships with regard to their input legitimacy as well as their output legitimacy. We demonstrate which particular characteristics of open and closed partnerships can be expected to influence an (...) analysis of their input and output legitimacy. (shrink)

The autobiography of one of the most versatile of American scientists of his generation, the first to be trained largely in his own country. A scientific generalist, Morse has made significant contributions to atomic physics, quantum mechanics, plasma physics, astrophysics, acoustics, machine computation, and operations research. Philip Morse has surely been one of the most versatile of American scientists of his generation, the first to be trained largely in his own country. A scientific generalist, he has made significant (...) contributions to atomic physics, quantum mechanics, plasma physics, astrophysics, acoustics, machine computation, and operations research. His life-long commitment to teaching, through his authorship of a series if standard-setting textbooks and through his personal guidance of unnumbered individual students, has extended this scope to include thermodynamics, statistical mechanics, and the methods of theoretical physics as well. Moreover, as this autobiography relates at a fast-moving pace, Morse has also been involved in the high-pressure concerns of war research, scientific administration and consultation, policy formation, the education of key groups and wider publics beyond the classroom, and the real-world utilization of scientific techniques and discoveries. For all these accomplishments, Morse writes that his experience as a scientist and as a participant in the affairs of his time "has been at the second, rather than at the top, level." It may be that this circumstance of being neat, rather than at, the top makes this autobiography more, rather than less, relevant to other and younger scientists, to those considering a life in science, and to general readers curious as to what such a life is really like. Only a miniscule few reach, say. Einsteinian levels, and their lives and work tend to be unique unto themselves; what Morse reports is truer to the experience of the great majority of the members of the scientific community. While his actual accomplishments, his range, and his eminence certainly far exceed those of a "typical" scientist, they do so more in degree than in kind. Morse's style is straightforward and nontechnical, direct, and personal. Some of the lighter moments and revealingly human incidents of his experience are recorded along with the problems and breakthroughs in the near-private world of pure science and the public worlds of policy, high-level consultation, and practical applications. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in (...) the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Morse has produced a work that emphasizes the extreme significance and vital discipline of legal philosophy in representing the integration of legal principles and moral precepts. The Thinkers discusses, delineates, and analyzes the integral legal philosophies of Hobbes, Wilson, Aquinas, Augustine, Descartes, Hegel, Leibnitz, Kant, Carlyle,Thoreau, and Hohfeld.