In this paper I argue that we can no longer afford to ignore technology’s so-called ‘soft’ impacts, as this type of impact is becoming increasingly prominent in affluent societies where people have sufficient resources to pursue self-realization and where technologies are becoming more and more ‘intimate’ as they pervade our life world. These soft impacts come with their own type of normative challenges. The first challenge is to acknowledge the mutual shaping of technology and morality that causes (...) class='Hi'>soft impacts to be fundamentally morally ambiguous. The second challenge is to anticipate soft impacts, which requires a rich and thick description of our morally laden current practices in the light of plausible technomoral change provoked by emerging technologies. The third and last challenge is to avoid both relativism and foundationalism, by opting for an open and learning attitude vis à vis the ways new and emerging technologies put our current morals into question. (shrink)

We argue that work on norms provides a way to move beyond debates between proponents of individualist and structuralist approaches to bias, oppression, and injustice. We briefly map out the geography of that debate before presenting Charlotte Witt’s view, showing how her position, and the normative ascriptivism at its heart, seamlessly connects individuals to the social reality they inhabit. We then describe recent empirical work on the psychology of norms and locate the notions of informal institutions and soft structures (...) with respect to it. Finally, we argue that the empirical resources enrich Witt’s ascriptivism, and that the resulting picture shows theorists need not, indeed should not, choose between either the individualist or structuralist camp. (shrink)

We are all familiar with the old adage that hard cases make for bad law. This symposium riffs off that idea to inquire whether soft law can make for ethical lawyering? To interrogate this q...

Recent critiques of normative universalism have helped entrench a dichotomy between formalist universal egalitarian claims (typical of the liberal tradition) and particularist attention to cultural difference (in contemporary communitarianism, and in more or less postmodernist approaches). Focusing on the work of Richard Rorty and Iris Marion Young, this article explores whether, and how, we might find space for a universalism which avoids problems encountered by the formalist model. I argue that, while both Rorty and Young reject ‘Enlightenment’ universalism, the approaches (...) of both contain covert universalist assumptions. They thus represent different forms of ‘soft’ universalism: approaches which are fallibilist about current moral knowledge but which hold out the possibility of genuinely inclusive pan‐human normative frameworks. The trouble with both is that neither, in the end, provides a persuasive basis for their own position – one which avoids an ultimate arbitrariness about the winning out of one normative conception (be it humanitarian or not) over another. I suggest that recourse to ontology, and the kinds of metaphysical claim deemed outmoded in the mainstream of social and moral philosophy, provide such a basis. I argue too that a conception of human being as relational, and of the flourishing of the individual as requiring relations with others, is the best‐placed candidate to do the work required. (shrink)

The cultural rise of “big data” in the recent years has pressured a number of occupations to make an epistemological shift toward data-driven science. Though expressed as a professional move, this article argues that the push incorporates gendered assumptions that disadvantage women. Using the human resource occupation as an example, I demonstrate how normative perceptions of feminine “soft skills” are seen as irreconcilable with the masculine “hard numbers” of a data-driven epistemology. The history of human resources reflects how assumptions (...) of a biological fit with an occupation limit what women can convincingly describe as her skillsets. However, challenging this cannot stay within the confines of the occupation itself. To undo sexist thinking, it is necessary to understand the broader networks of patriarchal power that dictate how value is defined in corporate environments, especially within other high status professions in business. (shrink)

The institutionalization of ethics and the direct influence of politics on how ethics bodies frame their opinions have been widely recognized and explored in the last few years. Less attention has been paid to what kind of normative instrument ethics as an institutional phenomenon has become in the State under the rule of law, and which institutional powers it has depended on. This paper analyzes the rise of ethics in the European Union context, where ethics, constructed as an isolated set (...) of values, has been exploited for its symbolic capacity to evoke citizenship, has become quite formalized as to certain features, and has acquired the potential to redefine the traditional divisions of powers in the State under the rule of law. (shrink)

The fundamental issue dividing normative naturalists and non-naturalists concerns the nature of normativity. Non-naturalists hold that the normativity of moral properties and facts sets them apart from natural properties and facts in an important and deep way. As Derek Parfit explains matters, the normative naturalist distinguishes between normative concepts and the natural properties to which these concepts refer and also between normative propositions and the natural facts in virtue of which such propositions are true when they are true. (...) This chapter explains Parfit's Soft Naturalist's Dilemma. Parfit thinks that normative naturalism is "close to nihilism". According to normative naturalism, normative claims are intended to state facts. Naturalism denies that there are such facts, and yet Soft Naturalism claims that there nevertheless is reason to continue to have normative concepts and to use normative sentences. There is the 'eliminativist' strategy of arguing that in fact no property is normative since all normative properties are natural and no natural property is normative. (shrink)

We discuss significant challenges to assumptions of exclusivity and highlight methodological and conceptual pitfalls in inferring deliberative processes from reasoning responses. Causes of normative–deliberative gaps are considered (e.g., disputed or misunderstood normative standards, strategy preferences, task interpretations, cognitive ability, mindware and thinking dispositions) and a soft normativist approach is recommended for developing the dual-process 2.0 architecture.

Legal restrictions of the right to self-determination increasingly pretend to be compatible with the liberal concept of autonomy: they act upon a ‘soft’ or autonomy-orientated paternalistic rationale. Conventional liberal critique of paternalism turns out to be insensitive to the intricate normative problems following from ‘soft’ or ‘libertarian’ paternalism. In fact, these autonomy-oriented forms of paternalism could actually be even more problematic and may infringe liberty rights even more intensely than hard paternalistic regulation. This paper contributes to the systematic (...) differentiation of soft and hard paternalism by discussing the (legal) concept of autonomy and elaborates the moral and legal limits of autonomy-orientated paternalism. (shrink)

This book features essays that investigate the nature of legal validity from the point of view of different traditions and disciplines. Validity is a fascinating and elusive characteristic of law that in itself deserves to be explored, but further investigation is made more acute and necessary by the production, nowadays, of soft law products of regulation, such as declarations, self-regulatory codes, and standardization norms. These types of rules may not exhibit the characteristics of formal law, and may lack full (...) formal validity but yet may have a very real impact on people's lives. The essays focus on the structural properties of hard and soft legal phenomena and the basis of their validity. Some propose to redefine validity: to allow for multiple concepts instead of one and/or to allow for a gradual concept of validity. Others seek to analyze the new situation by linking it to familiar historical debates and well-established theories of law. In addition, coverage looks at the functions of validity itself. The discussion considers both international law as well as domestic law arrangements. What does it mean to say that something is valid? Should we discard validity as the determining aspect of law? If so, what does this mean for our concept of law? Should we differentiate between kinds of validity? Or, can we say that rules can be "more" or "less" valid? After reading this book, practitioners, scholars and students will have a nuanced understanding of these questions and more. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com. (shrink)

This discussion offers a theoretical framework towards the discovery and amalgamation of conceptions within hard labor law and soft law initiatives which may spring from deliberately designed public-private initiatives as well as spontaneous market-driven responses. A case in defense of soft law is made for Malaysia on the basis of political realism. Agents of soft law initiatives are evaluated with a focus on public and private codes. I argue that for Malaysia, the stage is being set for (...) divergent regulatory approaches to labor, with differing consequences and outcomes. Some of these outcomes, as will be illustrated, may not be consciously designed but are likely to occur spontaneously. The focus of the discussion will be on the changing nature of labor norms in individual employment law, the advent of human rights reasoning and the interdependence of the organic forces in a particular jurisdiction that drive the labor agenda. The discussion concludes with an argument in praise of soft law as a viable agent for driving change in hard labor law, whilst maintaining its soft law character, thus contributing to the varieties of hybrid labor regulation. (shrink)

The article examines the record of compliance with the UN Committee against Torture’s decisions in individual complaints cases. Theoretically, I expect that compliance will be the outcome of a combination of normative and rationalist factors: States committed to human rights protection will comply even in the absence of enforcement but only as long as compliance costs remain relatively low. Using a data set covering all adverse decisions issued until 2018 and information on their compliance status, I employ fuzzy-set qualitative comparative (...) analysis to identify necessary and sufficient conditions for the outcomes of compliance and noncompliance. The analysis reveals that the conditions tested—liberal democracy, nonuse of political terror, violation type, and strong civil society—are in part individually (near-)necessary and jointly sufficient for compliance, while the presence of their complements is consistent with noncompliance. The Committee against Torture thus appears to be able to elicit (some) state compliance with its decisions, if mostly only with respect to certain kinds of states and select types of violations. (shrink)

The European Union is making increased efforts to find simpler and more effective ways to function adequately in the eyes of its citizens by using ‘soft law’ instruments such as recommendations. Although they have no legally binding force, recommendations have practical and legal effects occurring partly due to their normative content in which a course of action is prescribed and further supported by arguments intended to persuade the addressees of a political position. Although recommendations function as persuasive instruments due (...) to their argumentation, the characteristics of argumentation and how it is employed to convince the addressee to comply with certain measures have not been investigated at all. The main goal of the paper is to explain how arguments are used by the European Commission when recommending Member States to follow a new course of action. First, we will unravel the justificatory reasons employed by the Commission in order to make Member States comply with new measures and we will show how these reasons are combined into an argumentative pattern : 1–23, 2016; J Argum Context 6: 3–26, 2017). This pattern basically prescribes a course of action to Member States, which is further supported by arguments in which the necessity and advantages of following the proposed course of action are justified. Second, we will explain how and why the way in which the arguments are combined in this complex pattern could be potentially persuasive for the Member States despite the legally non-binding character of recommendations. We will show that the European Commission tries to persuade the Member States to take new measures by evading the burden of proof imposed by the legislative framework. At a more specific level of analysis, we will delve into the implicit premises in the argumentation, which enable us to identify cases of evasion of the burden of proof due to the Commission’s use of implicit starting points which might not be accepted by the Member States. (shrink)

Do hard law international organizations use jurisprudence differently than soft law ones? Precedent can be asset or an encumbrance to international organizations and their members, depending on their aims and on the policy area. Linking current decisions to previously-agreed ones helps to increase cohesion, facilitate consensus among members, and borrow authority – benefits that might be more necessary for some organizations than for others. To compare whether the features of norm-producing organizations correlate with their preference for jurisprudence, we compare (...) two organs from the United Nations system: the Security Council, which produces binding decisions, and the General Assembly, which delivers soft law resolutions. We explore the citation networks formed by the approximately 20,400 resolutions adopted by each organ between 1946 and 2019 to test their differences with regards to the dynamics of citation formation, concentration of citations, and timing. Descriptive results reveal the main periods of jurisprudential activity by the Security Council and the General Assembly, but find no sizeable difference in their overall rate of precedent usage. We apply the Citation Exponential Random Graph Model (cERGM) to test for network determinants of citations and find additional similarities on transitivity and homophily, but also variations regarding preferential attachment. (shrink)

The power exercised by technology companies is attracting the attention of policymakers, regulatory bodies and the general public. This power can be categorized in several ways, ranging from the “soft power” of technology companies to influence public policy agendas to the “market power” they may wield to exclude equally efficient competitors from the marketplace. This Article is concerned with the “data power” exercised by technology companies occupying strategic positions in the digital ecosystem. This data power is a multifaceted power (...) that may overlap with economic (market) power but primarily entails the power to profile and the power to influence opinion formation. While the current legal framework for data protection and privacy in the EU imposes constraints on personal data processing by technology companies, it ostensibly does so without regard to whether or not they have “data power.” This Article probes this assumption. It argues that although this legal framework does not explicitly impose additional legal responsibilities on entities with “data power,” it provides a clear normative indication to do so. The volume and variety of data and the reach of data-processing operations seem to be relevant when assessing both the extent of obligations on technology companies and the impact of data processing on individual rights. The Article suggests that this finding provides the normative foundation for the imposition of a “special responsibility” on such firms, analogous to the “special responsibility” imposed by competition law on dominant companies with market power. What such a “special responsibility” might entail in practice will be briefly outlined and relevant questions for future research will be identified. (shrink)

Soft regulatory measures are often promoted as an alternative for existing regulatory regimes for nanotechnologies. The call for new regulatory approaches stems from several challenges that traditional approaches have difficulties dealing with. These challenges relate to general problems of governability, tensions between public interests, but also (and maybe particularly) to almost complete lack of certainty about the implications of nanotechnologies. At the same time, the field of nanotechnology can be characterized by a high level of diversity. In this paper, (...) we discuss and compare two models for framing public policy in relation to technology regulation: the first is a deliberative model based on foresight knowledge and the second the wide reflective equilibrium model, developed by political philosopher John Rawls. In both models, the aim is to find consensus on (a framework for) policy measures and regulation. On the basis of a critical discussion of the strengths and weaknesses of both models, some tentative conclusions are drawn for effective policy making and implementation based on soft law. (shrink)

Since the 1990’s, the debate concerning the ethical, legal and societal aspects of ‘neuro-enhancement’ has evolved into a massive discourse, both in the public realm and in the academic arena. This ethical debate, however, tends to repeat the same sets of arguments over and over again. Normative disagreements between transhumanists and bioconservatives on invasive or radical brain stimulators, and uncertainties regarding the use and effectivity of nootropic pharmaceuticals dominate the field. Building on the results of an extensive European project on (...) responsible research and innovation in neuro-enhancement, we observe and encourage that the debate is now entering a new and, as we will argue, more realistic and societally relevant stage. This new stage concerns those technologies that enter the market as ostensibly harmless contrivances that consumers may use for self-care or entertainment. We use the examples and arguments of participants in NERRI debates to describe three case studies of such purportedly innocent ‘toys’. Based upon this empirical material, we argue that these ‘soft’ enhancement gadgets are situated somewhere in the boundary zone between the internal and the external, between the intimate and the intrusive, between the familiar and the unfamiliar, between the friendly and the scary and, in Foucauldian terms, between technologies of the self and technologies of control. Therefore, we describe their physiognomy with the help of a term borrowed from Jacques Lacan, namely as “extimate” technologies. (shrink)

The precautionary principle in public decision making concerns situations where following an assessment of the available scientific information, there are reasonable grounds for concern for the possibility of adverse effects on the environment or human health, but scientific uncertainty persists. In such cases provisional risk management measures may be adopted, without having to wait until the reality and seriousness of those adverse effects become fully apparent. This is the definition of the precautionary principle as operationalized under EU law. The precautionary (...) principle is a deliberative principle. Its application involves deliberation on a range of normative dimensions which need to be taken into account while making the principle operational in the public policy context. Under EU law, any risk management measures to be adopted while implementing the precautionary principle, have to be proportionate to ensure the chosen high level of protection in the European Community. This articlewill illustrate the established practice concerning the release of genetically modified organisms into the environment and how the principle is implemented under hard law. The article also provides an outlook on what this may imply for the relative new case of nanotechnology and the use of precautionary principle within the context of soft law (use of codes of conduct). (shrink)

If language and thought are to be taken as objective, they must respond to how the world is. I propose to explain this responsiveness in terms of conditions of correction, more precisely, by taking thoughts and linguistic utterances to be assessible as true or false. Furthermore, the paper is committed to a form of quietism according to which the very same thing that can be (truly) thought or expressed is the case: ‘soft facts’ as opposed to hard, free-standing facts, (...) independent of any possible rational activity of grasping them. (shrink)

Labour and employment law no longer has a monopoly on regulating labour relations and is facing a crisis as its effectiveness is questioned. Codes of conduct adopted by companies to recognise their social responsibility for the global supply chain are instruments that can usefully complement labour and employment law. The aim of this paper is to analyse in depth the legal nature of codes of conduct and their impact on labour and employment law. Will the use of codes of conduct (...) reinforce the crisis of labour and employment law in the era of globalisation or will these codes be part of a solution to this crisis? Do we have to consider codes of conduct as competitors to labour and employment law or as an opportunity for rethinking the way that labour and employment law norms should be produced and applied? (shrink)

By the year 2000, the management of education in England had lost much of its capacity to ensure the commitment of headteachers and teachers. As market forces engendered competition among schools, the bureaucratic monitoring of schools by agencies of government increased on the grounds that objective and comparable data about schools should be made public so that parents could express a rational choice of school. Levels of stress increased; workloads intensified. Thereafter, a series of ‘softer’ approaches emerged in order to (...) deal with this. They have coalesced around the concept of ‘leadership’, particularly distributed leadership and, more recently, emotional leadership and spiritual leadership. Distributed leadership draws on socio-cultural activity theory; emotional leadership is informed by positive psychology; spiritual leadership by eastern mysticism. Each has its advocates and its critics. At issue, however, is not so much their relative effectiveness but rather it is to relate them to the economic, cultural and political trends which have allowed them to emerge. These ‘soft’ normative leadership approaches have not supplanted a digitally-informed rational bureaucratic form in education; they are supplementing it. The theoretical stance taken falls within the field of critical theory. (shrink)

The paper examines the realignment of the legal sources in an information society, by considering first of all the differences with the previous system of sources, dubbed as the “Westphalian model”. The current system is tripartite, rather than bipartite, for the sources of transnational law should be added to the traditional dichotomy between national and international law. In addition, the system is dualistic, rather than monistic, because the tools of legal constructivism, such as codes or statutes, have to be complemented (...) with the rules of customary law and contracts. In light of the canonical version of the law as a set of commands enforced through the threat of physical sanctions, however, two further novelties must be stressed, namely the soft law-tools of governance as a source of the system and the aim to embed normative constraints into technology, in order to enforce the law through the use of filtering systems, self-enforcing technologies, etc. This latter approach impacts on functions and requirements of the system, by transferring the normative side of the law from the traditional “ought to” of legal commands to what actually is on the basis of automatic techniques, thus affecting the very notion of source. The overall aim of the paper is to show that rearrangements of the legal sources are intertwined with redistributions of power and hence, a normative standpoint is needed, so as to determine whether scholars can obtain the solution that best justifies the integrity of the law before its hard cases, or the answer is a reasonable compromise between many conflicting interests. (shrink)

Global soft law, multistakeholder norms, the business practices and policies of leading companies, the expectations of...

A compelling requirement on normative theories is that they should be satisfiable, that is, in every possible choice situation with a finite number of alternatives, there should be at least one performable act such that, if one were to perform that act, one would comply with the theory. In this paper, I argue that, given some standard assumptions about free will and counterfactuals, Objective Act Consequentialism violates this requirement.

In this chapter, the author uses the film Minority Report as a means of reflecting on the age‐old topic of free will. Traditionally, having free will is thought to require two things: alternate possibilities and self‐control. Soft determinism is the view that determinism is true, and yet we have free will anyway. It is not rational to embrace hard determinism, since hard determinism, in conjunction with norms implicit in reasoning, leads to a conclusion that rationally undermines hard determinism itself. (...) A determinist (hard or soft) would instead interpret minority reports as evidence of the pre‐cogs’ fallibility ‐ perhaps the future is predetermined, but sometimes one of the pre‐cogs makes a mistake about what is going to happen. One might take this as grounds for abandoning the Precrime system ‐ until one remembers that any criminal justice system is fallible. (shrink)

Organisations increasingly use automated decision-making systems (ADMS) to inform decisions that affect humans and their environment. While the use of ADMS can improve the accuracy and efficiency of decision-making processes, it is also coupled with ethical challenges. Unfortunately, the governance mechanisms currently used to oversee human decision-making often fail when applied to ADMS. In previous work, we proposed that ethics-based auditing (EBA)—that is, a structured process by which ADMS are assessed for consistency with relevant principles or norms—can (a) help organisations (...) verify claims about their ADMS and (b) provide decision-subjects with justifications for the outputs produced by ADMS. In this article, we outline the conditions under which EBA procedures can be feasible and effective in practice. First, we argue that EBA is best understood as a ‘soft’ yet ‘formal’ governance mechanism. This implies that the main responsibility of auditors should be to spark ethical deliberation at key intervention points throughout the software development process and ensure that there is sufficient documentation to respond to potential inquiries. Second, we frame AMDS as parts of larger sociotechnical systems to demonstrate that to be feasible and effective, EBA procedures must link to intervention points that span all levels of organisational governance and all phases of the software lifecycle. The main function of EBA should, therefore, be to inform, formalise, assess, and interlink existing governance structures. Finally, we discuss the policy implications of our findings. To support the emergence of feasible and effective EBA procedures, policymakers and regulators could provide standardised reporting formats, facilitate knowledge exchange, provide guidance on how to resolve normative tensions, and create an independent body to oversee EBA of ADMS. (shrink)

Must you respect basic logical laws (BLL) – such as the law of non-contradiction – in order to think? Frege wrote that one must “acknowledge” BLL in order not to “abandon judgement altogether”. Some have argued that Frege therefore thought of logic as somehow ‘constitutive’ of thinking. However, some interpreters contend, due to his strong commitment to logic’s normative status, that Frege held the opposite view, namely the non-constitutivist view that (systematic) ‘illogical’ thinking is possible and that one need not (...) accept or follow BLL in order to think as such, although one must do so in order to think correctly. The aim of this paper is to investigate the interpretative landscape regarding Frege’s view on logic’s constitutive role for thinking and suggest, against the non-constitutivist readings, that he indeed was committed to some version of the constitutivity thesis, but that this commitment is not, as some constitutivist interpretations suggest, inconsistent with the idea that logic is normative for thinking. I will, instead, propose to read his view in a soft and agent-relative sense, according to which it is a necessary condition for the possibility of thinking that the agent in question is sensitive to and acknowledges BLL. (shrink)

Public pressure is essential for providing multinational enterprises (MNEs) with motivation to follow the standards of human rights conduct set in soft-law instruments, such as the United Nations Guiding Principles on Business and Human Rights. But how does the public judge MNE involvement in human rights violations? We empirically answer this question drawing on an original survey of American adults. We asked respondents to judge over 12,000 randomly generated scenarios in which MNEs may be considered to have been involved (...) in human rights violations. Our findings reveal substantial gaps between public judgments and the standards set in soft law and the normative literature. We identify the attributes of episodes of human rights violations involving MNEs that influence public judgments, including the relationship between the MNE and the perpetrator, the practice of due diligence, and the type of abuse. These results provide insights as to when we might expect public pressure to drive MNE compliance with soft-law instruments, and they direct attention to specific standards that will likely require stronger, ‘hard’ law approaches or broader efforts to shift the public’s view. (shrink)

This article proposes a new definition of information security, the ‘Appropriate Access’ definition. Apart from providing the basic criteria for a definition—correct demarcation and meaning concerning the state of security—it also aims at being a definition suitable for any information security perspective. As such, it bridges the conceptual divide between so-called ‘soft issues’ of information security and more technical issues. Because of this it is also suitable for various analytical purposes, such as analysing possible security breaches, or for studying (...) conflicting attitudes on security in an organization. The need for a new definition is demonstrated by pointing to a number of problems for the standard definition type of information security—the so-called CIA definition. Besides being too broad as well as too narrow, it cannot properly handle the soft issues of information security, nor recognize the contextual and normative nature of security. (shrink)

During the last decades several tools have been developed to anticipate the future impact of new and emerging technologies. Many of these focus on ‘hard,’ quantifiable impacts, investigating how novel technologies may affect health, environment and safety. Much less attention is paid to what might be called ‘soft’ impacts: the way technology influences, for example, the distribution of social roles and responsibilities, moral norms and values, or identities. Several types of technology assessment and of scenario studies can be used (...) to anticipate such soft impacts. We argue, however, that these methods do not recognize the dynamic character of morality and its interaction with technology. As a result, they miss an important opportunity to broaden the scope of social and political deliberation on new and emerging technologies.In this paper we outline a framework for building scenarios that enhance the techno-moral imagination by anticipating how technology, morality and their interaction might evolve. To show what kind of product might result from this framework, a scenario is presented as an exemplar. This scenario focuses on developments in biomedical nanotechnology and the moral regime of experimenting with human beings. Finally, the merits and limitations of our framework and the resulting type of scenarios are discussed. (shrink)

Few empirical studies in the UK have examined the complex social patterns and values behind quantitative estimates of the prevalence of pharmacological cognitive enhancement. We conducted a qualitative investigation of the social dynamics and moral attitudes that shape PCE practices among university students in two major metropolitan areas in the UK. Our thematic analysis of eight focus groups suggests a moral ecology that operates within the social infrastructure of the university. We find that PCE resilience among UK university students is (...) mediated by normative and cultural judgments disfavoring competitiveness and prescription drug taking. PCE risk can be augmented by social factors such as soft peer pressure and normalization of enhancement within social and institutional networks. We suggest that moral ecological dynamics should be viewed as key mechanisms of PCE risk and resilience in universities. Effective PCE governance within universities should therefore attend to developing further understanding of the moral ecologies of PCE. (shrink)

BackgroundHuman genome editing technologies offer much potential benefit. However, central to any conversation relating to the application of such technologies are certain ethical, legal, and social difficulties around their application. The recent misuse, or inappropriate use, by certain Chinese actors of the application of genome editing technologies has been, of late, well noted and described. Consequently, caution is expressed by various policy experts, scientists, bioethicists, and members of the public with regard to the appropriate use of human germline genome editing (...) and its possible future effect on future generations.Main textAs concerns about the applications of heritable genome editing have grown, so too have the questions around what is to be done to curtail ‘rogue actors’. This paper explores various ways in which to regulate genomic editing that are socially beneficial, while being cognisant of legal and ethical principles and rights values. This is done by evolving regulatory frameworks across jurisdictions in an attempt to raise issues, address common principles, and set responsible standards for stewardship of the novel technology.ConclusionsIt is suggested that robust and concrete regulatory measures be introduced that are culturally and contextually sensitive, inclusive, appropriate, and trustworthy – and are based on public empowerment and human rights objectives. Doing so will ensure that we are perfectly positioned to harness and promote the benefits that novel technologies have to offer, while safeguarding public health and curtailing the ambitions of rogue actors. This it is acknowledged is no easy task, so, as a point of departure, this paper sets out a path forward by means of certain, practical recommendations – by constructing genome editing regulation in a manner that both fulfils the desire to better progress human health and that can withstand legal and ethical scrutiny.The following observations and recommendations are made: Firstly, that a solution of effective, legitimate governance should consist of a combination of national and supranational legislative regulation or ‘hard’ law, in combination with ‘soft’ ethics, firmly anchored in and underpinned by human rights values. Second, that efforts to support legal and ethical solutions should be rigorous, practical, and robust, contribute to a reaffirmation of human rights in a contextually sensitive manner, and be transnational in reach. Lastly, that greater harmonisation across jurisdictions and increased public engagement be sought. This it is proposed will address the question of how to implement a normative framework which in turn can prevent future rogue actors. (shrink)

BackgroundOur human societies and certainly also (bio) medicine are more and more permeated with technology. There seems to be an increasing awareness among bioethicists that an effective and comprehensive approach to ethically guide these emerging biomedical innovations into society is needed. Such an approach has not been spelled out yet for bioethics, while there are frequent calls for ethical guidance of biomedical innovation, also by biomedical researchers themselves. New and emerging biotechnologies require anticipation of possible effects and implications, meaning the (...) scope is not evaluative after a technology has been fully developed or about hypothetical technologies, but real-time for a real biotechnology.Main textIn this paper we aim to substantiate and discuss six ingredients that we increasingly see adopted by ethicists and that together constitute “ethics parallel research”. This approach allows to fulfil two aims: guiding the development process of technologies in biomedicine and providing input for the normative evaluation of such technologies. The six ingredients of ethics parallel research are: (1) disentangling wicked problems, (2) upstream or midstream ethical analysis, (3) ethics from within, (4) inclusion of empirical research, (5) public participation and (6) mapping societal impacts, including hard and soft impacts. We will draw on gene editing, organoid technology and artificial intelligence as examples to illustrate these six ingredients.ConclusionEthics parallel research brings together these ingredients to ethically analyse and proactively or parallel guide technological development. It widens the roles and judgements from the ethicist to a more anticipatory and constructively guiding role. Ethics parallel research is characterised by a constructive, rather than a purely critical perspective, it focusses on developing best-practices rather than outlining worst practice, and draws on insights from social sciences and philosophy of technology. (shrink)

Conflicts of interest in the university context are receiving growing attention, but the focus has been largely on problematic financial COI arising from university-industry relations, which clearly need to be avoided. The result, unfortunately, is a pejorative perception of COI as being equivalent to fraud and thus an issue of academic misconduct. In this paper, the aim is to show that while some financial and non-financial COI are particularly problematic and so should be avoided, many are pervasive and actually the (...) norm in academia even if they are still largely ignored and misunderstood. Through a reflection on my own experiences as a university professor, I describe a diversity of common financial, non-financial and institutional COI of varying degrees of risk, that arise in the day-to-day activities of a professor, in order to then consider how these COI can and should be managed in practice. It is essential to attend to the full range of COI and to think about appropriate policies, procedures, or guidelines to prohibit some COI and mitigate the risks of others; but these “hard” mechanisms are only part of the solution. This paper will focus on elucidating the various “soft” mechanisms – such as education, self-awareness, humility, and dialogue – that can empower professors to manage those COI that cannot be prevented or avoided. (shrink)

The paper discusses the potential value of a deontic approach to database specification. More specifically, some different types of integrity constraints are considered and a distinction is drawn between necessary (hard) and deontic (soft) constraints.Databases are compared with other normative systems. A deontic logic for database specification is proposed and the problems of how to react to, and of how to correct, or repair, a situation which arises through norm violation are discussed in the context of this logic. The (...) limitations of the proposed logic and possible modifications and extensions of it are analysed. (shrink)

The Absolute, philosophized most saliently about by Georg Hegel, encompasses the entirety of reality. The absolute is composed of five dimensions – height, length, width, time, and justice. The five dimensions operate dialectically, and the normative values of reality inhere within the fifth dimension – hard, soft, moral, ethical, yellow, etc. ad infinitum. The normative values from the fifth dimension, in combination with the brain, comprise the human mind. With the issues of climate change, world-wide biosphere destruction, nuclear weapons, (...) international trade regimes, humanity has created the phenomenon of global politics – thereby changing the fifth dimension. The argument in this volume is that the broadcast iterations of Star Trek allow us to comprehend significant aspects of justice and the politics of globalism – created through the advent of science, technology, engineering, etc. The creators of Star Trek hold that nationalism is a psychological pathology and internationalism is rationality. (shrink)

Informed consent bears significant relevance as a legal basis for the processing of personal data and health data in the current privacy, data protection and confidentiality legislations. The consent requirements find their basis in an ideal of personal autonomy. Yet, with the recent advent of the global pandemic and the increased use of eHealth applications in its wake, a more differentiated perspective with regards to this normative approach might soon gain momentum. This paper discusses the compatibility of a moral duty (...) to share data for the sake of the improvement of healthcare, research, and public health with autonomy in the field of data protection, privacy and medical confidentiality. It explores several ethical-theoretical justifications for a duty of data sharing, and then reflects on how existing privacy, data protection, and confidentiality legislations could obstruct such a duty. Consent, as currently defined in the General Data Protection Regulation – a key legislative framework providing rules on the processing of personal data and data concerning health – and in the recommendation of the Council of Europe on the protection of health-related data – explored here as soft-law – turns out not to be indispensable from various ethical perspectives, while the requirement of consent in the General Data Protection Regulation and the recommendation nonetheless curtails the full potential of a duty to share medical data. Also other legal grounds as possible alternatives for consent seem to constitute an impediment. (shrink)

This research aims to explore the relationship between corporate governance and CSR: What are the major factors that play a direct role in the establishment of this relationship? How does context and institutional background impact upon the relationship between CSR and Governance? Using in-depth semi-structured interviews from two types of governance systems in three countries over three years, this study has demonstrated that in practice, within different settings, CSR is being used both as a strategy as well as a reaction (...) to different drivers. We call this adaptive governance where governance can be defined as a flexible system of action incorporating strategic and monitoring activities that determines the way a company enacts its responsibilities to its shareholders and stakeholders and which is determined at any given time by the interrelationship of institutional drivers and behavioural norms. Governance systems and their interrelationships with CSR are demonstrated as fluid according to the national and institutional context, economic situation and industry impact. In the eyes of practitioners corporate governance includes both structural and behavioural factors as well as responsibilities and actions towards shareholders and stakeholders. Contextual factors that this research highlights to be important to the incorporation of CSR into governance include the economic environment, national governance system, regulation and soft law, shareholders, national culture, behavioural norms and industry impacts. Hypotheses on the impact of institutional contexts, industry impacts and economic situations on different types of CSR actions are proposed for further research. (shrink)

The book questions two key dichotomies: that of the apparent and real, and that of the internal and external. This leads to revised notions of the structure of experience and the object of knowledge. Our world is experienced as possibilities of action, and to know is to know what to do. A further consequence is that the mind is best considered as a property of organisms' interactions with their environment. The unit of analysis is the loop of action and perception, (...) and the central concept is the notion of habit of action, which provides the embodied basis of cognition as the anticipation of action. This holds for non-linguistic tacit meanings as well as for linguistic meanings. Habit of action is a teleological notion and thus opens a possibility for defining intentionality and normativity in terms of the soft naturalism adopted in the book. The mind is embodied, and this embodiment determines our physical perspective on the world. Our sensory organs and other instruments give us instrumental access to the world, and this access is epistemic in character. The distinction between the physical and conceptual viewpoint allows us to define truth as the correspondence with operational fit. This embodied epistemic truth is however not a sign of antirealism, as the instrumentally accessed theoretical objects are precisely those objects that experimental science deals with.. (shrink)

The cultural nature of religion is closely linked with the characteristics of religion. The interaction between religious culture and secular culture is shown as the alternation and coexistence of benign and malignant. In fact, the development of religious culture has a very close relationship with human beings in ancient times. Some activities of human worship, summarized and promoted from generation to generation, have gradually spread and developed widely among various nationalities and regions, and finally formed a series of spiritual theories (...) and behavior norms, which are more systematic. In terms of the external communication of religious culture, we should also pay attention to it. Although the help of mass media has appeared in this regard, it has had little effect. It enables the believers to change from passive to active, and understand and accept the religious culture more deeply. This paper analyzes the relationship between traditional religious culture and Chinese calligraphy art, and discusses how to better inherit Chinese calligraphy art. In religious and cultural communication, the eastward communication of calligraphy has existed in ancient times and has become mature, while the westward communication has become a focus of attention in recent years under the influence of comprehensive factors such as the national cultural development strategy and cultural soft power competition. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Menkiti's Moral Man by Oritsegbubemi Anthony OyowePolycarp IkuenobeOYOWE, Oritsegbubemi Anthony. Menkiti's Moral Man. Lanham, Md.: Lexington Books, 2022. xii + 221 pp. Cloth, $100.00Oyowe critically examines the various threads in, issues raised by, and implications of Menkiti's maximal conception of personhood, against the backdrop of various criticisms, including his own. He indicates that, as "a repentant critic," he does "not deny the merits of these criticisms," but he (...) is "convinced that there are resources in Menkiti's general account for tackling them."In chapter 1, Oyowe examines how Menkiti uses the idea of community to foreground his normative view of personhood, in order to illuminate the African idea that one is a person because of, and through relationships with, other persons in a community. This indicates that one's existence or [End Page 356] identity has necessary external elements of cultural belonging, in addition to internal intrinsic elements. These cultural elements require ontological progression that involves a process of social-moral incorporation into communal practices and norms. Oyowe argues that while this conception is plausible, it raises questions regarding oppressive cultures and their effects on individuals. He indicates that the kind of person that emerges from this conception is a "soft" social entity.Chapter 2 examines the issue of the nature of the relationship between persons (as soft social entities) and community, and the implications for individual autonomy, practical reasoning, and moral agency. Oyowe argues that the pertinent issue is not whether the individual should have moral or ontological priority over the community or vice versa, but the aspect of individuality that is conducive to what we cherish about the community. This is because Menkiti presupposes that in order to be a maximal person, one must have intrinsic capacities for moral agency to take on communal functions and duties. But the community creates the conditions for individuals to express individuality and autonomy, engage in practical reasoning, and make the choice to conform with communal norms in order to be recognized as persons.So, the maximal conception of personhood raises issues about the nature of entities that deserve a moral status. Chapter 3 examines the moral status of infants, people with cognitive impairment, the senile, nonhuman animals, and the moral duties that people have toward these entities. If we understand personhood as failing to extend moral status to these entities, such a view might be charged with speciesism and anthropocentrism. Oyowe argues that a plausible interpretation of personhood, in the context of the communal priority of duties, suggests that people have certain responsibilities toward human and nonhuman nonpersons. This interpretation is grounded in Menkiti's distinction between "deserving justice"—which is not based on having certain intrinsic properties, moral capacities, or cognitive abilities—and "being a person." Because Menkiti insists that persons ought to be able to use their capacities to perform requisite communal duties, personhood must involve an obligation to consider the interests of nonpersons and a community of respect for those who deserve justice.Chapter 4 examines the dilemma created by the social architecture of a community's cultural traditions, institutions, expectations, norms, and practices that are necessary for personhood and social identity. While such architecture is capable of supporting the achievement of personhood, it could also be restrictive. He uses Chinua Achebe's novel, Things Fall Apart, to illuminate how the structures for recognizing persons that are oppressive of and biased against women could be disguised. Although Menkiti does not address this issue, his conception of personhood highlights the problem of social justice for women because relevant social architecture may exclude women from equal and full communal recognition and participation. An appreciation of this problem [End Page 357] introduces an alternative way of understanding social justice in terms of communal recognition or lack thereof.In chapter 5, Oyowe uses the intuitions underlying Locke's distinction between "person" and "human being" to illuminate Menkiti's account of personhood. Person and human being are not identical because they have different persistent conditions. Persons persist by virtue of mental capacities and practical relevance that are developed after one is identified as a human organism. This raises the issues of (a) whether being a... (shrink)

The aim of this article is to critically reflect on the Polish transformation taking place in the interpretation of business law in the form of legal clarifications that can be qualified as a soft law guidance. The article attempts to address the following questions: does the new Polish legal framework offer really novel approaches to the interpretation of business law and/or its tools? What are the peculiarities that characterize the new instrument for the interpretation of business law in the (...) form of legal clarifications? What are the pros and cons of legal clarifications? What is the potential practical importance of the introduced interpretation tool, in particular in the context of certain previously existing tools for the interpretation of legal texts? To this end, first, the article sheds light into types of the interpretation of legal texts as well as soft law guidance. Second, it analyses the distinctive features of legal clarifications. Third, it contains the concise comparison of legal clarifications to certain previously existing instruments. In the last part before the conclusion, the topic required an attempt at an assessment. The point of the analysis in this article was both descriptive and normative. (shrink)

Terrorism, as a form of politically motivated violence, is as ancient as organized warfare itself, emerging as soon as one society, pitted against another in the quest for land, resources, or domination, was moved by a desire for vengeance or found advantages in military operations against noncombatants or other ‘soft’ targets. It is sanctioned and glorified in holy scriptures and has been part of the genesis of states and the expansion of empires from the inception of recorded history. The (...) United States itself emerged through the systematic ethnic cleansing of native Americans, a nearly 300-year campaign that featured the destruction of homes and crops, the theft of land, forced expulsions, massacres, and tears.1 While terrorist violence has been employed by both sides in the conflict over Palestine for over 80 years, the prevalence of the rhetoric of ‘terror’ to describe Arab violence against Israeli and Western targets is a more recent phenomenon. For more than three decades, this rhetoric has fostered the popular perception that Arab terrorism is the central problem in the Middle East crisis, and that once solved, progress can be made on other issues. Nothing could be more illusory. The Western obsession with Arab terrorism not only overlooks the fact that terrorist activity between Arabs and Jews has been reciprocal, but, more generally, that attempts to remove an effect without touching its causes are utterly futile. Terrorism between Palestinian Arabs and Israeli Jews is the product of deep divisions, entrenched strategies, and fundamental grievances and will not disappear so long as both sides cling to their present political ambitions and convictions. No informed discussion of its normative status can ignore its historical and political context. At.. (shrink)

Based on a critical reading of Jürgen Habermas’s journalistic writings on the European Union, the article argues that Europe’s current crisis is also a crisis of its narratives, and hence a crisis of meaning. The German philosopher has revised his political vision of a united Europe but has done so without abandoning his neo-Kantian ‘soft revolutionism’. The EU of the future is not only envisaged as an alternative to the allegedly defunct European nation-state, but also as the antithesis to (...) US-style federalism and to what is called ‘post-democratic executive federalism’. What is more, Habermas no longer fully trusts in the power of the better argument, as championed in his critical social theory. Instead, his hope of normative progress towards a socially and politically more integrated Europe is founded on a belief in the power of the crisis itself – aided by a convincing pro-European narrative – to drive us in the same direction as that indicated by reason. The conclusion contrasts Habermas’s utopian Europeanism, which has failed to find favour with the wider European public, with a less utopian alternative inspired by the highly specific, non-universal situation of the Old Continent. (shrink)

Addressing the study of human action from Mises’s perspective of the praxeological method is in itself highly controversial. Particularly, if it attempts to identify the ultimate basis of human development, it will face unmanageable problems in analytical and normative terms. The incapability to withdraw from the socalled self-evident judgments comes together with the refusal of the elements that address its operability. Dependent of a soft well-being concept, it is unable to establish interpersonal comparisons, and this in turn frustrates any (...) kind of attempt to design a convincing social justice theory. A Hegelian perspective brings order to and improves both the moral and the operability dimension of the praxeological interpretation of economics. (shrink)

In the first ever book-length treatment of David Hume’s philosophy of action, Constantine Sandis brings together seemingly disparate aspects of Hume’s work to present an understanding of human action that is much richer than previously assumed. Sandis showcases Hume’s interconnected views on action and its causes by situating them within a wider vision of our human understanding of personal identity, causation, freedom, historical explanation, and morality. In so doing, he also relates key aspects of the emerging picture to contemporary concerns (...) within the philosophy of action and moral psychology, including debates between Humeans and anti-Humeans about both 'motivating' and 'normative' reasons. Character and Causation takes the form of a series of essays which collectively argue that Hume’s overall project proceeds by way of a soft conceptual revisionism that emerges from his Copy Principle. This involves re-calibrating our _philosophical_ ideas of all that agency involves to fit scheme that more readily matches the range of impressions that human beings actually have. On such a reading, once we rid ourselves of a _certain_ kind of metaphysical ambition we are left with perfectly adequate account of how it is that people can act in character, freely, and for good reasons. The resulting picture is one that both unifies Hume's practical and theoretical philosophy and radically transforms contemporary philosophy of action for the better. (shrink)

Confucius aimed to overcome the Spring and Autumn period and achieve order by restoring the humanist tradition and putting it right. At the same time, Confucius distanced himself from discovering the order of natural things, which caused him to be regarded as a representative humanist philosopher. This interpretation could be misleading in that it overlooks the natural aspect of Confucian philosophy. To that aspect, this article asserts that a moral practice in Confucianism has a natural character. The point emphasizing the (...) natural character of Confucian philosophy must be argued in a way in that it does not disregard the humanist character of Confucian thought. This is possible by recognizing the dual aspect of Zhi (直), and I argue further that Confucius can be interpreted through the concept of moral naturalism. Definitions of Zhi in the Analects indicates that morality bases itself on forms of human life developed in a natural way. Confucius’s references surrounding Zhi underlie the concept that our moral beliefs and actions are not solely justified by reason alone but in a sense also depend on facts in the natural world, providing grounds to interpret his moral philosophy as a naturalism. On the other hand, that Confucius thinks Zhi alone cannot make one Ren differentiates his position from strong naturalism, which reduces the normative realm of morality to causal laws of nature. From his emphasis on the cultivation of the given dispositions to personality, one can infer that Confucius did not agree with the reduction of moral norms to natural facts. The duality of Zhi showing the aspect of morality being forced by nature while not negating the proper character of morality can be properly and coherently understood from the view of soft naturalism. (shrink)

China’s export-led manufacturing model has been built on extensive exploitation of its migrant workforce under a despotic labor regime, but the methods of control have shifted considerably during the past decade and a half. This article examines new modes of domination over Chinese factory workers, based on fieldwork conducted while the author was living with workers at a foreign-invested garment factory in southern China. The article shows how mechanisms to control the workers are embedded today not only in directly coercive (...) practices but also in a new shop floor culture with affective personal ties and implicit bargaining in wage systems. Against the scholarly literature of management controls that emphasizes rupture and discontinuity between labor regimes, this article argues that China’s emerging labor regime, here referred to as “conciliatory despotism,” inherits despotic features of the labor regime exercised in the 1990s but adds new normative measures of soft control that seek to conciliate worker resentments. This hybrid form of management control represents a stage in China’s evolving labor-management relations in which workers possess more implicit power and can push management into greater concessions than previously. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Four Philosophical Models of the Relation Between Theory and PracticeEstelle R. JorgensenSince music education straddles theory and practice, my purpose is to sketch the strengths and weaknesses of four philosophical models of the relationship between theory and practice. I demonstrate that none of them suffices when taken alone; each has something to offer and its own detractions. And I conclude with four suggested ways in which the analysis can (...) be helpful to music teachers and those interested in their work.Clarifying what is meant by theory and practice raises a nest of conceptual problems. Concerning theory, it may be tempting to equate the terms "theory" and "philosophy." Among their shared properties, these terms deal with conceptual and abstract entities that, from the Enlightenment at least, have been held to be distinct from the phenomenal world. They also clarify ideas and distinguish one concept from another. Among their different purposes, the object of philosophy is the asking of questions in a search for wisdom or truth whereas theory is formulated for explanatory purposes, especially within the frame of scientific propositions that can be refuted through empirical observations. The tests of philosophy are, therefore, those of symbolic logic evidenced in principles such as [End Page 21] internal consistency, correspondence with evidence (deductive, inductive, or analogical), and coherence within a unity or whole. Although logical criteria may also be important in formulating and testing theory,1 it is tested and refuted primarily through means of qualitative descriptions and quantitative assessments of observable phenomena.Regarding practice, one is also confronted with an ambiguous construct that may be interpreted descriptively (what is done in the phenomenal world or taken to be the general state of affairs) or normatively (what is desirable or ideal). There is also the distinction between the practice of a seasoned performer and practice in the sense of striving towards the mastery of a competent and expert practice. In this regard, Vernon Howard distinguishes between "practice" (or the skills exemplified by proficient or expert performers) and "practise (or acquiring the level of mastery of proficient or expert performance)."2 For him, the ambiguous and paradoxical nature of artistic practice highlights the complexity of degrees of attaining mastery of skills or exemplary practice and the diverse array of skills ranging from habit to critical thinking involved in the practice of any art. Although each practice is distinguished by its own belief systems, rituals, expectations, and commonsense, boundaries between differing practices are sometimes "soft" or fuzzy, as one seeps into another.3 Consequently, it is often difficult to distinguish one from another at the margins where one practice becomes another.DichotomyThe notion of theory and practice as independent or a dichotomous relationship between the phenomenal world on the one hand and the mind and spirit on the other has its roots in the ancient world. For Plato, the world of "appearances," referring to the phenomenal world understood by imagination (eikasia) and belief (pistis), should be distinguished from the higher, abstract "intelligible world" grasped through thinking (dianoia), knowledge (episteme), and intelligence (noesis).4 René Descartes' later bifurcation of the inner and outer worlds and inversion of Platonic values and understandings resulted in the ascendancy of careful and deliberate observation of the phenomenal world over philosophical reflection.5 His ideas helped to set the stage for the Enlightenment and the Industrial, Scientific, and Information Revolutions. Empiricism, science, and technology gradually displaced philosophy as primary ways of knowing the phenomenal world and understanding the nature of mind, human cognition, feeling, and being. Making hard-boundaried distinctions between within and without one's self, the phenomenal world and the world of spiritual things, and theory and practice were important insights. These distinctions provided for limits on the sorts of ways in which truth could be known. Reasoned deliberation [End Page 22] and imaginative thought have particular usefulness in the world of theory while sensory perception and careful observation are especially useful in the phenomenal world of practice. So while the scholar might speculate about phenomena, observational tools are also useful in coming to know and understand them. Reason and observation each have particular strengths, and it ought not be assumed that philosophy or scientific observation... (shrink)

On Kant's view, we are rational beings who are morally responsible for our actions. The main goal of this paper is to show that this Kantian view of ourselves is not undermined by the Manipulation Argument, which is currently the biggest challenge to compatibilism. To this end, I argue that a Kantian account of freedom offers a new soft-line reply to this argument. On this Kantian account, moral responsibility requires not only positive freedom but also negative freedom. An agent (...) is free in the positive sense just in case the agent has the rational capacity to act in compliance with moral norms. And an agent lacks negative freedom regarding their actions when these actions are determined by internal or external factors beyond their rational control. Based on this Kantian account, I provide a principled explanation of why there is a significant difference between manipulated actions and merely causally determined actions regarding moral responsibility. In addition, I bring out the distinctive characteristics of my Kantian account further by comparing it with two competing conceptions of freedom: leeway freedom and sourcehood freedom. (shrink)