In his latest monograph, The Realm of Criminal Law, Antony Duff gives us a further, magisterial statement of the vision of criminal law, its procedural framework, and its sanctioning system, which he has been developing over the past 35 years. This is Duff’s own book-length contribution to the tremendously fruitful collaborative Criminalization project. That project has already generated four edited volumes and two fine monographs by Farmer and Tadros. It will shape the field for decades to come; and it has (...) decisively laid to rest a longstanding puzzle about why, within criminal law theory, the principles underlying criminalisation had received relatively little attention as compared with those underlying, most obviously, criminal responsibility. (shrink)

Questions concerning the epistemological status of computer science are, in this paper, answered from the point of view of the formal verification framework. State space reduction techniques adopted to simplify computational models in model checking are analysed in terms of Aristotelian abstractions and Galilean idealizations characterizing the inquiry of empirical systems. Methodological considerations drawn here are employed to argue in favour of the scientific understanding of computer science as a discipline. Specifically, reduced models gained by Dataion are acknowledged as Aristotelian (...) abstractions that include only data which are sufficient to examine the interested executions. The present study highlights how the need to maximize incompatible properties is at the basis of both Abstraction Refinement, the process of generating a cascade of computational models to achieve a balance between simplicity and informativeness, and the Multiple Model Idealization approach in biology. Finally, fairness constraints, imposed to computational models to allow fair behaviours only, are defined as ceteris paribus conditions under which temporal formulas, formalizing software requirements, acquire the status of law-like statements about the software systems executions. (shrink)

This symposium contributes to the broader discussion about humanism in management and organizational well-being. Dignity plays a crucial role as both a fundamental value and as an end state in the process of humanizing organizational cultures, workplaces and relationships. However, despite its significance, it has yet to be addressed properly in the growing discourse on humanistic capitalism and management, and indeed in business ethics as a whole. This symposium seeks to inform and inspire emerging research and approaches towards human dignity (...) through the lens of artistic expression and explores how arts may promote human dignity in organizational life. (shrink)

Intellectual property has traditionally been a matter for the legal professions, but with the shift to evidence-based policy, the global economic upheaval, and the advent of the digital age, intellectual property is increasingly informed by economic perspectives. This book provides a clear and practical guide to economic approaches to intellectual property, written for a legal audience. It introduces basic concepts in economics and finance that inform the law of intellectual property. Topics discussed offer additional perspectives include the economics of innovation, (...) development, crime, law, industrial organisation and welfare. Next, it considers the economics of specific intellectual property rights, including copyright, patents, trademarks, trade secrets, geographical indicator and design rights, as well as a section on competition. Finally, a section on applied approaches to the valuation of IP will help readers to understand the use of these topics in practice.This practical text offers readers a better understanding of economic debates in intellectual property, as well as tools to enhance their ability to critique evidence-based policy. (shrink)

In management theory and business practice, the dealing with diversity, especially a diverse workforce, has played a prominent role in recent years. In a globalizing economy companies recognized potential benefits of a multicultural workforce and tried to create more inclusive work environments. However, many organizations have been disappointed with the results they have achieved in their efforts to meet the diversity challenge [Cox: 2001, Creating the Multicultural Organization (Jossey-Bass, San Francisco)]. We see the reason for this in the fact that (...) while much attention has been paid to the strategic dimension of diversity policies, systems, and processes, much less thought has been given to the normative dimension, the norms and values involved. Given the fact that diversity is essentially about cultural norms and values, appropriate reflection work becomes a fundamental task to create a truly inclusive work environment where people from diverse backgrounds feel respected and recognized. Therefore, we focus in this article on the challenge of building an inclusive diversity culture showing that such a culture of inclusion has to be built on solid moral grounds. We present a conceptual framework of inclusion based on a moral theory of recognition and introduce the founding principles of reciprocal understanding, standpoint plurality and mutual enabling, trust and integrity. After revealing barriers that hinder a culture of inclusion from emerging we shed light on the process of developing such a culture which involves four essential transformational stages: The first phase focuses on raising awareness, building understanding and encouraging reflection. The second phase deals with the development of a vision of inclusion as an important step to define the change direction. In a third phase key management concepts and principles should be re-thought. This leads to the fourth, action-oriented phase, that focuses on an integrated Human Relations Management (HRM)1 system that helps implement change by doing both, translating the founding principles via competencies into observable and measurable behavior and fostering the development, reinforcement and recognition of inclusive behavior. (shrink)

In light of grand societal challenges, most recently the global Covid-19 pandemic, there is a call for research on responsible leadership. While significant advances have been made in recent years towards a better understanding of the concept, a gap exists in the understanding of responsible leadership in emerging countries, specifically how leaders resolve prevalent moral dilemmas. Following Werhane, we use moral imagination as an analytical approach to analyze a dilemmatic stakeholder conflict through the lense of different responsible leadership mindsets and (...) in light of different ethical principles and moral background theories. Based on this analysis, we arrive at a tentative moral judgement, concluding that the instrumental approach is morally inferior and recommending the integrative approach as the morally superior choice. In the subsequent discussion—focussed on what “could” be done, we apply the integrative script and use moral imagination as a pathway for generating morally justifiable solutions. Through this analysis, we provide novel insights on how to apply an integrative responsible leadership approach to a stakeholder conflict situation, using the single case study to expand the responsible leadership discussion to emerging markets. (shrink)

A critical and notoriously elusive issue in Corporate Social Responsibility (CSR) research is the impact of Corporate Social Performance (CSP) on the bottom line. Instead of looking for direct correlations between social and financial performance, we hypothesize that the first result of CSR activities is the creation of trust among the stakeholders. A survey conducted on consumers of organic products provided support for our hypothesis, showing that CSP influences consumer trust and that that trust in turn influences consumers' subsequent actions. (...) The findings further suggest that intermediate variables between CSP and Corporate Financial Performance (CFP) may best support a business case for CSR. (shrink)

This paper aims to show a possible path to address the introduction of intimate digital technologies through a phenomenological and postphenomenological perspective in relation to Japanese and Chinese contexts. Digital technologies are becoming intimate, and, in Japan and China, there are already many advanced digital technologies that provide digital companions for love relationships. Phenomenology has extensive research on how love relationships and intimacy shape the subjects. At the same time, postphenomenology provides a sound framework on how technologies shape the values (...) and meanings we have. Thus, this paper introduces two digital technologies in Japan and China (_Love Plus_ and _XiaoIce_ chatbot), and it analyses according to the elements proposed by phenomenology and postphenomenology. In conclusion, this paper shows how digital companions like _Love Plus_ and _XiaoIce_ chatbot change who we are and the values and meanings we have according to the phenomenological and postphenomenological framework. These entities might not be human, but they shape who we are as human beings and the meanings and value we give to love. (shrink)

The relationship between the fields of aesthetics and human nature runs through the entire history of aesthetics. The classical line sees the aesthetic dimensio.

The concept of wild food does not play a significant role in contemporary nutritional science and it is seldom regarded as a salient feature within standard dietary guidelines. The knowledge systems of wild edible taxa are indeed at risk of disappearing. However, recent scholarship in ethnobotany, field biology, and philosophy demonstrated the crucial role of wild foods for food biodiversity and food security. The knowledge of how to use and consume wild foods is not only a means to deliver high-end (...) culinary offerings, but also a way to foster alternative models of consumption. Our aim in this paper is to provide a conceptual framework for wild foods, which can account for diversified wild food ontologies. In the first section of the paper, we survey the main conception of wild foods provided in the literature, what we call the Nature View. We argue that this view falls short of capturing characteristics that are core to a sound account of wilderness in a culinary sense. In the second part of the paper, we provide the foundation for an improved model of wild food, which can countenance multiple dimensions and degrees connoting wilderness in the culinary world. In the third part of the paper we argue that thanks to a more nuanced ontological analysis, the gradient framework can serve ethnobiologists, philosophers, scientists, and policymakers to represent and negotiate theoretical conflicts on the nature of wild food. (shrink)

Substance addiction has been historically conceived and widely researched as a brain disease. There have been ample criticisms of brain-centred approaches to addiction, and this paper aims to align with one such criticism by applying insights from phenomenology of psychiatry. More precisely, this work will apply Merleau-Ponty’s insightful distinction between the biological and lived body. In this light, the disease model emerges as an incomplete account of substance addiction because it captures only its biological aspects. When considering addiction as a (...) brain disorder, it will be shown that research fails to account for the contextual, functional, and emotional aspects inherent to subjective health. It is concluded that, while the disease model is fundamental to our understanding of what happens in the brain, its brain-centred approach is cure-oriented. Instead, we suggest a care-orientated approach, which understands and treats the psychological feel as bodily experience situated in an environment, allowing for a more encompassing therapeutic perspective. (shrink)

In recent years much research has been undertaken regarding the feasibility of the human uterine transplant as a treatment for absolute uterine factor infertility. Should it reach clinical application this procedure would allow such individuals what is often a much-desired opportunity to become not only social mothers, or genetic and social mothers but mothers in a social, genetic and gestational sense. Like many experimental transplantation procedures such as face, hand, corneal and larynx transplants, UTx as a therapeutic option falls firmly (...) into the camp of the quality of life transplant, undertaken with the aim, not to save a life, but to enrich one. However, unlike most of these novel procedures – where one would be unlikely to find a willing living donor or an ethics committee that would sanction such a donation – the organs to be transplanted in UTx are potentially available from both living and deceased donors. In this article, in the light of the recent nine-case research trial in Sweden which used uteri obtained from living donors, and the assertions on the part of a number of other research teams currently preparing trials that they will only be using deceased donors, I explore the question of whether, in the case of UTx, there exist compelling moral reasons to prefer the use of deceased donors despite the benefits that may be associated with the use of organs obtained from the living. (shrink)

La théorie de Darwin est considérée par de nombreux historiens comme une véritable révolution scientifique, raison pour laquelle l’objectif de cet article est précisément de rendre compte des caractères révolutionnaires de cette théorie, dans le cadre d’une conception des révolutions scientifiques empruntée à l’œuvre de Thomas Kuhn. Cela implique, notamment, la définition d’un « paradigme darwinien », à la fois comme matrice disciplinaire et comme solution exemplaire à un problème donné. Dans un tel but, nous définirons la structure et le (...) contenu de la théorie de Darwin, afin de mettre au jour la problématique qui pourrait être à la base d’un « paradigme darwinien », c’est-à-dire le problème de la complexité adaptative du vivant. Nous identifierons ensuite ce qui distinguerait ce paradigme des autres, si bien que le problème de la complexité ne saurait être posé et résolu que dans son cadre. Pour ce faire, nous nous concentrerons sur deux dichotomies : d’une part, celle entre fonctionnalisme et formalisme, d’autre part, celle entre naturalisme et idéalisme. En conclusion, nous mettrons au jour les limites de l’épistémologie kuhnienne pour l’analyse de la théorie de l’évolution, ce qui nous amènera à equisser les contours d’une approche alternative, que nous appellerons « ontologie historique ». (shrink)

What makes someone responsible for a crime and therefore liable to punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, (...) meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution. Building upon the analysis of criminal responsibility in her previous book, Women, Crime, and Character, Lacey investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century. Through a combined philosophical, historical, and socio-legal approach, this volume evidences how the theory behind criminal responsibility has shifted over time. The character and outcome responsibility which dominated criminal law in the 18th Century diminished in ideological importance in the following two centuries, when the idea of responsibility as founded in capacity was gradually established as the core of criminal law. Lacey traces the historical trajectory of responsibility into the 21st Century, arguing that ideas of character responsibility and the discourse of responsibility as founded in risk are enjoying a renaissance in the modern criminal law. These ideas of criminal responsibility are explored through an examination of the institutions through which they are produced, interpreted and executed; the interests which have shaped both doctrines and institutions; and the substantive social functions which criminal law and punishment have been expected to perform at different points in history. (shrink)

Some philosophers believe that entities have essences. What are we to make of the view that essences are themselves entities? E.J. Lowe has put forward an infinite regress argument against it. In this paper I challenge that argument. First, drawing on work by J.W. Wieland, I give a general condition for the obtaining of a vicious infinite regress. I then argue that in Lowe’s case the condition is not met. In making my case, I mainly (but not exclusively) consider definitionalist (...) accounts of essence. I make a re￾quirement to which definitionalists such as Lowe are committed and which, I venture, should also be palatable to non-naïve modalists. I call it the Relevance Principle. The defence trades on it, as well as on the distinction, due to K. Fine, between mediate and immediate essence. (shrink)

Achievement flow involves total absorption in an activity, high concentration without effort and merging of thought and action. The authors propose that achievement flow is facilitated by dynamic alternatives between low positive affect (“seeing difficulty”) and high positive affect (“mastering difficulty”). Consistent with this hypothesis, three studies showed that traits associated with reduced positive affect (avoidant adult attachment, schizoid-like personality style, introversion) and traits supportive of restoring positive affect (mastery orientation) predicted achievement flow, as assessed with a new operant motive (...) test (OMT). Achievement flow motives were further found to be associated with flow experiences in achievement tasks (Study 1), intrinsic motivation in an academic context (Study 2), and volitional facilitation as assessed by removal of Stroop interference after experimentally induced difficulty and positive affect (Study 3). These findings offer converging evidence that flow experiences arise from dynamic changes in positive affect. (shrink)

This article examines the development of a women's movement in Iraq since the invasion in 2003. It describes the types of activities and the strategies of different women activists, as well as highlighting the main divisions among them. The article also discusses the various ways in which the ongoing occupation and escalating violence in Iraq has shaped women's activism and the object of their struggles. Communal and sectarian tensions had been fostered by the previous regime as well as by the (...) political opposition in exile prior to 2003, but the systematic destruction of national institutions, such as the army and the police, by the occupation forces, has led to a flare-up of the sectarian conflict. The article concludes by evaluating women's activism in terms of its contributions to conflict on the one hand and national reconciliation on the other. (shrink)

Background: Compassion fatigue is recognized as impacting the health and effectiveness of healthcare providers, and consequently, patient care. Compassion fatigue is distinct from “burnout.” Reliable measurement tools, such as the Professional Quality of Life scale, have been developed to measure the prevalence, and predict risk of compassion fatigue. This study reviews the prevalence of compassion fatigue among healthcare practitioners, and relationships to demographic variables. Methods: A systematic review was conducted using key words in MEDLINE, PubMed, and Ovid databases. Data were (...) extracted from a total of 71 articles meeting inclusion criteria, from studies measuring compassion fatigue in healthcare providers using a validated instrument. Quantitative and qualitative data were extracted and compiled by three independent reviewers into an evidence table that included basic study characteristics, study strength and quality determination, measurements of compassion fatigue, and general findings. Meta-analysis, where data allowed, was stratified by Professional Quality of Life version, heterogeneity was quantified, and pooled means were reported with 95% confidence interval. A table of major study characteristics and results was created. Ethical consideration: This paper contains no primary data obtained directly from research participants. Data obtained from previously published resources have been acknowledged within references. Psychological distress, particularly compassion fatigue, can be insidious, no health profession is immune, and may significantly impact the ability to provide care. Results: A total of 71 studies were included. Compassion fatigue was reported across all practitioner groups studied. Relationships to most demographic variables such as years of experience and specialty were either not statistically significant or unclear. Variability in reporting of Professional Quality of Life results was found. Interpretation: Compassion fatigue exists across diverse practitioner groups. Prevalence is highly variable, and its relationship with demographic, personal, and/or professional variables is inconsistent. Questions are raised about how to mitigate compassion fatigue. (shrink)

A new approach to sentencing Not Just Deserts inaugurates a radical shift in the research agenda of criminology. The authors attack currently fashionable retributivist theories of punishment, arguing that the criminal justice system is so integrated that sentencing policy has to be considered in the system-wide context. They offer a comprehensive theory of criminal justice which draws on a philosophical view of the good and the right, and which points the way to practical intervention in the real world of incremental (...) reform. They put the case for a criminal justice system which maximizes freedom in the old republican sense of the term, and which they call `dominion'. (shrink)

A survey of the similarities and differences between BFO and DOLCE, and of the mutual interactions between Nicola Guarino and Barry Smith.