In _The Analyst’s Experience of the Depressive Position: The Melancholic Errand of Psychoanalysis_, Steven Cooper explores a subject matter previously applied more exclusively to patients, but rarely to psychoanalysts. Cooper probes the analyst’s experience of the depressive position in the analytic situation. These experiences include the pleasures and warmth of helping patients to bear what appears unbearable as well as the poignant experiences of, limitation, incompleteness, repetition and disappointment as a vital part of clinical work. He describes a seam in (...) clinical work in which the analyst is always trying to find and refind a position from which he can help patients to work with these experiences. The Analyst’s Experience of the Depressive Position includes: An exploration of the analyst’s participation and resistance to helping patients hold some of the most unsettling parts of their experience. Cooper draws some analogies between elements of theory about aesthetic experience in terms of how we bear new and old experience. An examination of the patient as an artist of sorts and the analyst as a form of psychic boundary artist: just as the creative act of art involves the capacity to transform pain and ruin into the depressive position, so does the co-creation of how we understand the patient’s mind through the mind of the analyst. Clinical chapters which focus on helping patients move from paranoid to depressive positions, with an emphasis on the analyst’s personal participation in that process. The Analyst’s Experience of the Depressive Position explores a rich, provocative and long overdue topic relevant to psychoanalysts, psychodynamically oriented psychotherapists, as well as students and teachers of both psychoanalysis and psychodynamic psychotherapy. (shrink)

I present two philosophical arguments that Antisocial Personality Disorder (ASPD) and Psychopathy can be expected to be culturally variable. I argue that the ways in which people with ASPD and psychopaths can be expected to act will vary with societal values and culture. In the second part of the chapter, I will briefly review some of the empirical literature on cross-cultural variation in ASPD and psychopathy and argue that it is consistent with my philosophical claims. My conclusion in this chapter (...) is that methods of diagnosis will need to be culturally specific. A diagnostic instrument (such as the PCL-R or DSM) should not be uncritically employed in cultures that are very different from those in which it was initially developed. (shrink)

This paper examines the communicative function of public pronouncements about what is tasty, agreeable or attractive, followed by an equally public endorsement or rejection. The typical and expected reaction to contributions like ‘This is tasty’ or ‘Roller coasters are fun’ in a conversational setting is not ‘how come?’ or ‘How do you know that?’, but a reply that reveals one’s own attitude towards an object or state of affairs. Judgements of taste are explored in the context of a cooperative view (...) of communication developed by Michael Tomasello, which classifies communicative actions in terms of what we want from others when we communicate to them. We also use game theory. The game-theoretical connotation for a public dispute over what to like or to prefer is a co-ordination game like Battle of the Sexes. Speech act theory traditionally allows that speakers can perform different speech acts simultaneously. Combining both views, we argue that the public pronouncements that give rise to seemingly faultless disagreement have informative, requestive and alignment-seeking dimensions, which make different propositional contents salient. In a dispute over whether something is tasty a speaker and her intended audience play two games -- the game of letting others know something, and the alignment of attitudes game, i.e. the game of making moves in the direction of seeking alignment over what to prefer, or what would be preferable, in a given situation. Both games make different propositions salient. I conclude with a brief evaluation of current disputes over what’s tasty between contextualists and assessment relativists in matters of personal taste. (shrink)

From the standpoint of the school settings, sport participation constitutes a key strategy concerning the manifestation of positive behaviors that result from the development of personal and social responsibility. Based on the TPSR model, the goal of this study was to evaluate the effects of an intervention geared toward teaching life skills through sport to youngsters who had been committed. The participants were evaluated before and after the intervention. After the initial evaluation, they were randomly assigned to the experimental (...) and control groups. The experimental group took part in the community football program, while the control group attended physical education classes not based on the TPSR model. The experimental model consisted of 3 weekly sessions over the course of 6 weeks, which totaled 18 sessions. This investigation supplied empirical evidence concerning the potential of community sport programs in the teaching and development of life skills deemed necessary for an adequate reintegration of such at-risk youngsters. The model was shown to be valid both in stimulating changes of attitudes and in promoting the adherence to socially positive behaviors. The effectiveness of the model, as well as its unique approach, make its application attractive to both the youngsters and the professionals. This program facilitates the training of youngsters to act, in the sense of promoting both their autonomy and the acquisition of a system of ethics and moral values within a culture of responsibility for how decisions affect the individual and the community. Finally, this intervention generated empirical support in favor of the argument that sport constitutes a unique opportunity within the educational process to establish values, beliefs, attitudes, and practical habits pertaining relationships and cooperation that generate social responsibility in individuals. (shrink)

The paper studies cooperation as joint action, where joint action can, first, be conceptualized either individualistically in terms of the participants' individual goals and beliefs that the joint action is taken to serve. This is individualistic or ‛I-mode’ cooperation. Special version of it is ‛ pro-group I-mode’ cooperation, where the goals are shared. Second, cooperation can be of the kind where a group of persons act together as a group in terms of the non-aggregative ‛ we’ (...) that they form. The results of the paper support the conjecture that we-mode conceptualization and an account of cooperation is needed to complement the individualistic (pro-group) I-mode account(s) in social science theorizing and experimentation. (shrink)

Recent investigations have uncovered large, consistent deviations from the predictions of the textbook representation of Homo economicus (Roth et al, 1992, Fehr and Gächter, 2000, Camerer 2001). One problem appears to lie in economists’ canonical assumption that individuals are entirely self-interested: in addition to their own material payoffs, many experimental subjects appear to care about fairness and reciprocity, are willing to change the distribution of material outcomes at personal cost, and reward those who act in a cooperative manner while (...) punishing those who do not even when these actions are costly to the individual. These deviations from what we will term the canonical model have important consequences for a wide range of economic phenomena, including the optimal design of institutions and contracts, the allocation of property rights, the conditions for successful collective action, the analysis of incomplete contracts, and the persistence of noncompetitive wage premia. Fundamental questions remain unanswered. Are the deviations from the canonical model evidence of universal patterns of behavior, or do the individual’s economic and social environments shape behavior? If the latter, which economic and social conditions are involved? Is reciprocal behavior better explained statistically by individuals’ attributes such as their sex, age, or relative wealth, or by the attributes of the group to which the individuals belong? Are there cultures that approximate the canonical account of self-regarding behavior? Existing research cannot answer such questions because virtually all subjects have been university students, and while there are cultural differences among student populations throughout the world, these differences are small compared to the range of all social and cultural environments. To address the above questions, we and our collaborators undertook a large cross-cultural study of behavior in ultimatum, public good, and dictator games.. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Rethinking Cooperation with Evil: A Virtue-Based Approach by Ryan ConnorsGary AtkinsonCONNORS, Ryan. Rethinking Cooperation with Evil: A Virtue-Based Approach. Washington, D.C.: The Catholic University of America Press, 2023. xiii + 313 pp. Paper, $34.95The author adheres closely to the recommendation to tell his reader what he intends to do, tell him what he is doing while doing it, and having finished, tell him what he’s done, (...) a recommendation worth following for a work as tightly structured and complex as this one. It is clear, irenic, and shows extensive research: nearly 1,000 footnotes in its 275 pages of text offering many avenues for further exploration including numerous references to “alternative” accounts. It is far more than an analysis of cooperation, for it exposes the reader to a universe of concepts, many of which are seldom introduced in studies on the topic. It is also bracing, an elixir likely to incite (and likely intended to incite) the reader to a deeper commitment to careful moral thought and conscientious moral action. Few readers will close this book with a feeling of time unprofitably spent.The introduction makes clear the book’s two central claims: (i) that an adequate analysis of the topic of cooperation with evil has yet to be provided and (ii) that a virtue-based approach stemming from St. Thomas Aquinas contains the elements for its provision. In support of these claims the book is organized into five chapters, the first three foundational and the last two matters of application.Chapter 1, “The Teaching of St. Thomas Aquinas: Received and Jettisoned,” begins with a presentation of St. Thomas’s treatment of five topics—borrowing money from known usurers, scandal, restitution for [End Page 709] crimes committed by agents working together, exacting oaths from known perjurers, production of objects used for sinful purposes. This first section is followed by an examination of three theologians in the tradition of Thomistic analysis, Jean Capreolus (d. 1444), Giacomo de Vio Cajetan (d. 1534), and John of St. Thomas (d. 1644). Following this section is a third containing an account of the departure from the Thomistic mode of analysis represented by Thomas Sanchez (d. 1610) and St. Alphonsus Liguori (d. 1787). The first chapter provides a nice introduction and solid grounding for what is to come.Chapter 2, “A Broad Sampling of Nineteenth- and Twentieth-Century Casuist Authors,” explores in its first section the manuals of nine figures: Aloysius Sabetti, Thomas Slater, Dominicus Prümmer, Benoit-Henri Merkelbach, Noldin-Schmitt, Jone-Adelman, McHugh-Callan, Henri Davis, and Bernhard Häring. The second and third sections highlight the lack of consensus among the authors and the consequent perplexity encountered by a conscientious moral agent regarding what counts as a “sufficient, proportionate, serious, or grave” reason for cooperation with evil. At several points throughout this book the author acknowledges the good sense of the casuists and the careful articulation of their judgments, but he finds their general approach to be wanting for several reasons, including their tendency to neglect consideration of the moral virtues and the nature of the act of cooperation itself.The extensive historical grounding provided by chapters 1 and 2 prepares the reader for chapter 3, “The Renewal of Theology: A Return to Virtue,” the focal chapter of the book. The first section concerns the thought of Servais Pinckaers, who “initiated a revival of St. Thomas’s moral theory that continues to the present day.” This is followed by a section treating of magisterial documents adopting St. Thomas’s and Pinckaers’s approach: Veritatis splendor, Evangelium vitae, Declaration on Euthanasia (1980), Vademecum for Confessors Concerning Some Aspects of Conjugal Life (1997), Ethical and Religious Directives for Catholic Health Care Services (2009). The third section considers the work of three twenty-first-century moralists who apply Thomistic methods to the topic of cooperation with evil: Steven Long, Archbishop Anthony Fisher, and Andrew McLean Cummings.Chapter 4, “A New Way Forward: the Virtuous Person Faces a Moral Dilemma,” is the first of two chapters showing St. Thomas’s approach at work. The author calls this approach both “object based” and “virtue based,” marking the two features receiving... (shrink)

This collection of John Mackie's papers on personal identity and topics in moral and political philosophy, some of which have not previously been published, deal with such issues as: multiple personality; the transcendental "I"; responsibility and language; aesthetic judgements; Sidgwick's pessimism; act-utiliarianism; right-based moral theories; cooperation, competition, and moral philosophy; universalization; rights, utility, and external costs; norms and dilemmas; Parfit's population paradox; and the combination of partially-ordered preferences.

This paper is mainly about cooperation as a collective action in a group context (acting in a position or participating in the performance of a group task, etc.), although the assumption of the presence of a group context is not made in all parts of the paper. The paper clarifies what acting as a group member involves, and it analytically characterizes the ‘‘we-mode’’ (thinking and acting as a group member) and the ‘‘I-mode’’ (thinking and acting as a private person).

The circumscribed quadrature of professional ethics aims to show the necessary shift from deontology to professional ethics, from deontological codes to ethical codes. While deontology and the deontological codes that materialise from it set their sights on professionals' responsibilities, professional ethics and the ethical codes that should derive from it would set their sights on the professional act, on its successful performance. In this way, the stress comes to be placed not only on the professional's responsibility, although that too, but (...) also on the necessary orchestration of the responsibilities shared at numerous levels by everyone involved in the performance of the professional act. The author identifies and typifies five elements present in the professional act. Four of them involve direct the protagonism of the professional, the recipient of the professional service, the institution that makes the service possible and from which the professionals' service is offered, and finally the human factor, the people who are behind the aforementioned factors and their nature, the professional, the recipient of the services and institutions. And each of these factors paves the way for a series of diversified protagonisms: inter-professional cooperation, receiver of professional services and their human environment around them, macro and micro institutions, diverse human profiles. However, all of this takes place within the framework of the fifth important element in professional ethics: a given, specific society as a circumscription of the four elements cited above, which sets the moral bar, a set of convictions and desired collective ethics which unquestionably also affect the performance of professional acts. With this reflection, we take note of the necessary co-responsibility in the provision of professional services, a co-responsibility which we could express simply in healthcare terms: it is not enough to merely have sound healthcare professionals if we do not have good patients with favourable affective environments, nor sound healthcare institutions, nor serious people who are socially committed to their work and their role, nor a society that believes in and fosters given identifiers of the personal and professional health to which we aim. The reflections in this proposal embark on a pathway of reflection which, we believe, deserves to be further explored. (shrink)

Features of consciousness difficult to understand in terms of conventional neuroscience have evoked application of quantum theory, which describes the fundamental behavior of matter and energy. In this paper we propose that aspects of quantum theory (e.g. quantum coherence) and of a newly proposed physical phenomenon of quantum wave function "self-collapse"(objective reduction: OR -Penrose, 1994) are essential for consciousness, and occur in cytoskeletal microtubules and other structures within each of the brain's neurons. The particular characteristics of microtubules suitable for quantum (...) effects include their crystal-like lattice structure, hollow inner core, organization of cell function and capacity for information processing. We envisage that conformational states of microtubule subunits (tubulins) are coupled to internal quantum events, and cooperatively interact (compute) with other tubulins. We further assume that macroscopic coherent superposition of quantum-coupled tubulin conformational states occurs throughout significant brain volumes and provides the global binding essential to consciousness. We equate the emergence of the microtubule quantum coherence with pre-conscious processing which grows (for up to 500 milliseconds) until the mass-energy difference among the separated states of tubulins reaches a threshold related to quantum gravity. According to the arguments for OR put forth in Penrose (1994), superpositioned states each have their own space-time geometries. When the degree of coherent massenergy difference leads to sufficient separation of space-time geometry, the system must choose and decay (reduce, collapse) to a single universe state. In this way, a transient superposition of slightly differing space-time geometries persists until an abrupt quantum classical reduction occurs. Unlike the random, "subjective reduction"(SR, or R) of standard quantum theory caused by observation or environmental entanglement, the OR we propose in microtubules is a self-collapse and it results in particular patterns of microtubule-tubulin conformational states that regulate neuronal activities including synaptic functions. Possibilities and probabilities for post-reduction tubulin states are influenced by factors including attachments of microtubule-associated proteins (MAPs) acting as "nodes"which tune and "orchestrate"the quantum oscillations.. (shrink)

This collection of John Mackie's papers on personal identity and topics in moral and political philosophy, some of which have not previously been published, deal with such issues as: multiple personality; the transcendental "I"; responsibility and language; aesthetic judgements; Sidgwick's pessimism; act-utiliarianism; right-based moral theories; cooperation, competition, and moral philosophy; universalization; rights, utility, and external costs; norms and dilemmas; Parfit's population paradox; and the combination of partially-ordered preferences.

Moran rightly links performance of speech acts to instituting second‐personal normative relations. He also maintains that an audience's recognition of the speaker's intention in speaking is sufficient for the speaker's success in doing the speech act intended. The claim is true on some ways of understanding speech act verbs, but false on others. This complexity of speech act verbs can be explained by seeing how speech acts need to be understood in the context of shared life and (...) cooperative action. (shrink)

Simonet, Emanuel Nicolas Cortes Victoria's new Powers of Attorney Act 2014 came into operation on 1 September 2015. Following recommendations by the Victorian Parliament Law Reform Committee, changes have been introduced in the new Act to simplify the process of making an enduring power of attorney. Reforms include the addition of a section on capacity, the introduction of a supportive attorney role distinct from the enduring power of attorney role, and the enhancement of safeguards. This article analyses how the new (...) Powers of Attorney Act 2014 empowers persons with impaired decision-making capacity and also strengthens the mechanisms which protect them from abuse. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Full Collection of Personal NarrativesGianna O'Leary, Paul Hostovsky, Yilu Ma, Leo Almazan, Hilda Sanchez-Herrera, Marisa Rueda Will, Elaine Hsieh, Manuel Patiño, Felicity Ratway, Liliana Crane, Laisson DeSouza, Nilsa Ricci, Linda Pollack-Jackson, Kelley Cooper, Mateo Rutherford-Rojas, Rosa C. Moreno, Maja Milkowska-Shibata, Patricia Coronado, and Catalina Meyer• A Day in the Life of a Spanish Interpreter• Deaf Interpreter• "Call me Dr. XXX!"• Translating Care for the Voiceless Patient• Are We (...) There Yet? A Narrative of Firsthand Interpreter Experiences in the Medical Field and Insights to Aid Language Access Compliance• One Interpreter's Journey of Interpreting for Pregnancy Loss• More Than Words: Communicating for the Quality of Care• From Linguistic Bridge Builder to Aspiring Physician• Towards Language Justice: A Call to Identify and Overcome Structural Barriers• Voices in the Shadows: The Hidden Complexities of Being a Medical Interpreter• The Voice of Patients: The Exclusive Work of a Human Who Can Advocate• Don't Mute the Messenger• The Ramp and the Stop Sign• How Policies and Practices in Medical Settings Impact Communication Access with Deaf Patients and Caregivers• And When May I Cry? Juggling Emotions in Healthcare Interpreting• To Engage or Not to Engage: An Interpreter and a Mother's Need for Connection in the Cardiothoracic Unit• Witnessing Trauma: Emotional Challenges in Medical Interpretation• Being an Interpreter—Beyond Linguistics• 1-800-Quit-NowCopyright © 2024 Johns Hopkins University Press... (shrink)

The present paper attempts to look at on the genealogy of both shared intentionality and collective intentionality, comparing Michael Tomasello’s concept with Max Scheler’s threedimensional concept of intentionality: ens amans, ens volens, ens cogitans, as affective, conative, and cognitive intentionality. I focus on various forms of affective collective intentionality — Schelerian forms of sympathy — to show collective subjectivity from the whole spectrum of emotional intentionality, presented by Scheler’s example of parents standing over the corpse of a child. Even though (...) Tomasello’s works seem to empirically corroborate Scheler’s intuitions about the emotional genealogy of collective intentionality, they will differ in the horizons within they locate intentionality. In the case of the evolutionary psychology of Tomasello, we can talk about the horizon of cooperation, in the case of Scheler’s Scheler’s phenomenology of acts about the horizon of responsibility or co-responsibility, which gives intentionality its unique character. The similarities of both concepts concern the following pillars: 1) genealogy of intentionality covering the dimension of affective intentionality, conative intentionality, and the level of cognitive intentionality; 2) Imitation or, as Scheler would say, following someone. Because a person is recognized by the author of Formalism as an act, or a bundle of acts, the way to understanding and communication with another person is the maieutic coperformance of their acts — i.e., imitation. The maieutic co-execution of acts of others triggers the constitution process of a person, both on an individual and community level. We can speak, in the case of Tomasello, about the ontho- and sociogenetic function of co-executing acts or imitating; however, in the case of Scheler, we are dealing with the clearly axiological nature of such a constitution of both the individual and collective subjectivity ; 3) collaborative engagement as a driving force behind collective intentionality in one case in form of co-responsibility, a nature of a collective person ; in the other case in form of collaboration developing intentionality to various units of community life. (shrink)

Many anthropological explanations of magical practices are based on the assumption that the immediate cause of performing an act of magic is the belief that the magic will work as claimed. Such explanations typically attempt to show why people come to believe that magical acts work as claimed when such acts do not identifiably have such effects. We suggest an alternative approach to the explanation of magic that views magic as a form of religious behavior, a form of (...) communication that promotes or protects cooperative social relationships. We suggest that all forms of religious behavior involve persons communicating acceptance of a supernatural claim and that this act communicates a willingness to accept nonskeptically the influence of the person making such a claim. Thus, religious behavior communicates a willingness to cooperate with the claim maker and others who accept his or her influence. We suggest that magic, which can be distinguished by the communicated acceptance of the claim that certain techniques have supernatural effects, also promotes cooperation. Different types of magic, including sorcery, love magic, and curing magic, can be shown to communicate different types of messages, such as a threat to use violence to punish unsocial behavior, sexual desire, or concern for a person's well-being. Ethnographic examples are used to support this hypothesis. This approach requires no assumptions about whether the practitioners of magic do or do not believe that the magical acts work as claimed. It attempts only to account for the identifiable talk and behavior that constitute magical acts by examining the identifiable, and often important, effects of these acts on the behavior of others. (shrink)

I begin my comment on Westphal’s study by exploring briefly his refutation of “the arbitrariness thesis,” and then focusing on the “conditio humanae,” i.e. the conditions of life as freedom realized in common life. As I understand it, coordination and cooperation among persons are required because employing freedom in the presence of others presupposes an act of recognition that acknowledges a priori the necessity of universal respect. The right to use and possess things within the institution of property is (...) an illustrative example of this necessity. Justice requires possession not in the form of some equal distribution but as a normative requirement that “everyone shall have property.” One must have property in order to enter the world of inter-subjectivity and become a person. This has important implications for determining how poverty is related to the validity of laws, which depends on the joint legislative will of all persons. (shrink)

In Aspiration, Agnes Callard examines the phenomenon of aspiration, the process by which one acquires values and becomes a certain kind of person. Aspiring to become a certain type of person involves more than wanting to act in certain ways. We want to come to see the world in a certain way and to develop the dispositions, attributes, and skills that allow us to seamlessly and effectively respond to situations. The skilled athlete or musician, for example, has developed the muscle (...) memory and the perceptual equivalent to naturally see what a situation requires and to respond well, whether playing a Rachmaninoff concerto or returning a tennis volley. -/- I use Merleau-Ponty’s Phenomenology of Perception to flesh out the process of becoming, through which aspired-to values, skills, and characteristics become part of one’s embodied being-in-the-world. Although some rightly focus on Merleau-Ponty’s efforts to avoid over-intellectualizing skillful action, without appreciating his distinction between habitual actions and human (or personal) acts, we overlook an important aspect of robust human agency—the way “a human act becomes dormant and is continued absent-mindedly as a reflex” (90). Merleau-Ponty’s account of habit and its relation to personal acts offers a rich and phenomenologically sensitive picture of aspiration. (shrink)

My aim in this paper is to develop a new model of the obligation to do your part in contributing to the provision of what are frequently described as ‘public goods’. I will situate my account in a broadly Kantian account of the state as a public rightful condition, which enjoys powers that no private person could enjoy, in the service of its distinctively public mandate. The exercise of those powers imposes special duties on the state, which require it to (...) provide distinctively public goods. As an artificial person, the state can only act through natural persons; doing your part enables the state to achieve its distinctively public purposes. (shrink)

ABSTRACT The “symmetry assumption” in public-choice theory—the idea that people act just as selfishly in the political sphere as they do in the economic sphere—is a good theory that runs afoul of much of the evidence. The public-choice theorists in this symposium, Munger and Mueller, have thus retreated from claiming that public choice explains most political behavior, with Munger positing it as an ideal type that, in principle, might explain no behavior at all. For example, Berman suggests that even politicians (...) who say and do “anything” to be elected or re-elected may well do so in order to acquire the power they think they need if they are to enact policies that will serve the public good. The normative project of “constitutional political economy” into which the original, empirical version of public choice seems to have evolved may or may not tell us how to structure institutions to prevent greedy actors from using politics as a means to their personal aggrandizement. But that project cannot, even hypothetically, produce the public-choice “findings” of widespread self-interestedness in politics that my book found were nonexistent. (shrink)

Legal reasoning settles morally pressing matters through a technique that largely bypasses open-ended moral argument. That technique makes central what certain persons validly decided in the past, for example in creating statutes, judicial resolutions, contracts, or wills. Identifying valid decisions is a lawyerly skill and, echoing legal practice, legal philosophy has paid considerable attention to validity criteria. But it has neglected to explore validity's point: whether, and if so exactly how, the special technique of validity contributes to a legal system's (...) ability to realise justice and human rights. Even the most sensible defences of the moral need for positive law have insufficiently probed this key step in the argument. This book lays bare the workings of legal validity, and shows why, and within what general limits, this technique equips legal systems with privileged tools to foster human well-being. In so doing, the book explains how power-conferring norms setting out validity criteria endow agents' intentions with 'performative' effect ('I hereby.') and can secure the requirement of justice that there be widespread convergence on specific patterns of conduct shaped through a cooperative effort. Legal meaning is accordingly systemic, resulting from the valid acts of multiple agents whose decisions can, by virtue of exercising legal power, also exercise moral power (authority). In short, the book articulates why it is morally necessary that validity does not primarily turn on moral considerations. (shrink)

The paper first summarizes the author's decision-theoretical model of moral behavior, in order to compare the moral implications of the act-utilitarian and of the rule-utilitarian versions of utilitarian theory. This model is then applied to three voting examples. It is argued that the moral behavior of act-utilitarian individuals will have the nature of a noncooperative game, played in the extensive mode, and involving action-by-action maximization of social utility by each player. In contrast, the moral behavior of rule-utilitarian individuals will have (...) the nature of a cooperative game, played in the normal mode, and involving a firm commitment by each player to a specific moral strategy (viz. to the strategy selected by the rule-utilitarian choice criterion) — even if some individual actions prescribed by this strategy, when considered in isolation, should fail to maximize social utility. The most important advantage that rule utilitarianism as an ethical theory has over act utilitarianism lies in its ability to give full recognition to the moral and social importance of individual rights and personal obligations. It is easy to verify that action-by-action maximization of social utility, as required by act utilitarianism, would destroy these rights and obligations. In contrast, rule utilitarianism can fully recognize the moral validity of these rights and obligations precisely because of its commitment to an overall moral strategy, independent of action-by-action social-utility maximization. The paper ends with a discussion of the voter's paradox problem. The conventional theory of rational behavior cannot avoid the paradoxical conclusion that, in any large electorate, voting is always an irrational activity because one's own individual vote is extremely unlikely to make any difference to the outcome of any election. But it can be shown that, by using the principles of rule-utilitarian theory, this paradox can easily be resolved and that, in actual fact, voting, even in large electorates, may be perfectly rational action. More generally, the example of rule utilitarianism shows what an important role the concept of a rational commitment can play in the analysis of rational behavior. (shrink)

This collection of John Mackie's papers on personal identity and topics in moral and political philosophy, some of which have not previously been published, deal with such issues as: multiple personality; the transcendental "I"; responsibility and language; aesthetic judgements; Sidgwick's pessimism; act-utiliarianism; right-based moral theories; cooperation, competition, and moral philosophy; universalization; rights, utility, and external costs; norms and dilemmas; Parfit's population paradox; and the combination of partially-ordered preferences.

Simonet, Emanuel Nicolas Cortes Victoria's new Mental Health Act 2014 came into operation on 1st July 2014. Corresponding with international standards, the new Act aims to strengthen the human rights of persons with mental illness. This is supported by the inclusion of a recovery framework which promotes a collaborative treatment approach, procedures that reduce the duration of compulsory treatment, as well as better mental health service oversight and safeguards. This article analyses and highlights these reforms from a human rights perspective.

THE ETHICAL IMPERATIVE challenges business leaders to take an active role in the preservation of today's free market by embracing leadership on wealth inequality, rural economic decay, and climate policy. Leveraging over twenty academic studies spanning more than 50 years, THE ETHICAL IMPERATIVE paints a compelling picture of the rising threat that widespread public apathy towards institutions poses to business as we know it. And with engaging, erudite, authentic and personal language, it outlines the moves that matter to avoid (...) the evident catastrophe. THE ETHICAL IMPERATIVE strikes a blow against archaic, profit-centric corporate culture that has proved detrimental to not only corporations but also to their own consumers, employees, and surrounding communities. Taking lessons from McKinsey & Company, notable executive leaders and corporate examples, personal stories, and more, millennial and Fortune 500 executive Andrew Cooper gives today's business leaders five strategies to position themselves, their teams, and their companies to thrive in the age of both social media dominance and low trust in corporations. THE ETHICAL IMPERATIVE details how the profit-centric philosophy that predominates today's corporate decision-making is actually hurting the very communities needed for businesses to thrive in tomorrow's economy. And, it proffers that a new kind of success is instead based on long-term community wellbeing that results in continual prosperity and transforms business into a more human model. (shrink)

This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. This book characterizes a notion of type that covers both linguistic and non-linguistic action, and lays the foundations for a theory of action based on a Theory of Types with Records (TTR). Robin Cooper argues that a theory of language based (...) on action allows the adoption of a perspective on linguistic content that is centred on interaction in dialogue; this approach is crucially different to the traditional view of natural languages as essentially similar to formal languages such as logics developed by philosophers or mathematicians. At the same time, he claims that the substantial technical advantages made by the formal language view of semantics can be incorporated into the action-based view, and that this can lead to important improvements in both intuitive understanding and empirical coverage. This enterprise uses types rather than possible worlds as commonly employed in studies of the semantics of natural language. Types are more tractable than possible worlds and offer greater potential for understanding the implementation of semantics both on machines and in biological brains. (shrink)

In 1962 a mimeographed sheet of paper fell into my possession. It had been prepared by Ernest Adams of the Philosophy Department at Berkeley as a handout for a colloquim. Headed 'SOME FALLACIES OF FORMAL LOGIC' it simply listed eleven little pieces of reasoning, all in ordinary English, and all absurd. I still have the sheet, and quote a couple of the arguments here to give the idea. • If you throw switch S and switch T, the motor will start. (...) There fore, either if you throw switch S the motor will start, or, if you throw switch T the motor will start. • It is not the case that if John passes history he will graduate. Therefore, John will pass history. The disconcerting thing about these inferences is, of course, that under the customary truth-functional interpretation of and, or, not, and if-then, they are supposed to be valid. What, if anything, is wrong? At first I was not disturbed by the examples. Having at that time consider able personal commitment to rationality in general and formal logic in par ticular, I felt it my duty and found myself easily able (or so I thought) to explain away most of them. But on reflection I had to admit that my expla nations had an ad hoc character, varying suspiciously from example to example. (shrink)

Cooper, Austin Some years ago a priest who was dying told me that he had not had a spiritual director for years: he just kept reading St Teresa. Having a continuing conversation with a holy person by engaging with his or her writings would seem to conform to our beliefs: in the Apostles' Creed we affirm that the Holy Spirit enlivens the church and the communion of saints. And T. S. Eliot articulated the truth in poetic terms when he wrote, (...) 'the communication of the dead is tongued with fire beyond the language of the living'. (shrink)

The concept and definition of personhood is central to current debates over ethics. Should 'personhood', for example, determine the allocation of scarce medical resources, and its perceived absence allow the termination of life? In a wide-ranging discussion notable for its clarity, Stanley Rudman's 1997 book traces the development of modern ideas about personhood. He argues that concepts of person are socially constructed, and that the relational understanding of persons in a number of theological discussions can act as an important corrective (...) to the individualistic notions of person which have been popular in secular philosophy since the Enlightenment. Early Christian views of divine speech, communication and relations between the Trinity can help to define an ethic which understands personhood in relation to other people, to the environment, and to God. (shrink)

This book examines the role of the EU in ensuring privacy and data protection on the internet. It describes and demonstrates the importance of privacy and data protection for our democracies and how the enjoyment of these rights is challenged by, particularly, big data and mass surveillance. The book takes the perspective of the EU mandate under Article 16 TFEU. It analyses the contributions of the specific actors and roles within the EU framework: the judiciary, the EU legislator, the independent (...) supervisory authorities, the cooperation mechanisms of these authorities, as well as the EU as actor in the external domain. Article 16 TFEU enables the Court of the Justice of the EU to play its role as constitutional court and to set high standards for fundamental rights protection. It obliges the European Parliament and the Council to lay down legislation that encompasses all processing of personal data. It confirms control by independent supervisory authorities as an essential element of data protection and it gives the EU a strong mandate to act in the global arena. The analysis shows that EU powers can be successfully used in a legitimate and effective manner and that this subject could be a success story for the EU, in times of widespread euroskepsis. It demonstrates that the Member States remain important players in ensuring privacy and data protection. In order to be a success story, the key stakeholders should be prepared to go the extra mile, so it is argued in the book. The book is based on academic research for which the author received a double doctorate at the University of Amsterdam and the Vrije Universiteit Brussels. It builds on a long inside experience within the European institutions, as well as within the community of data protection and data protection authorities. It is a must read in a time where the setting of EU privacy and data protection is changing dramatically, not only as a result of the rapidly evolving information society, but also because of important legal developments such as the entry into force of the General Data Protection Regulation. This book will appeal to all those who are in some way involved in making this regulation work. It will also appeal to people interested in the institutional framework of the European Union and in the role of the Union of promoting fundamental rights, also in the wider world.. (shrink)

Principle of equality of arms is part of fair trial concept, which encompasses several guarantees linked to the defence opportunities during the criminal procedure. The accused person is entitled to a fair trial. Balance of rights between the parties is bedrock for procedural fairness and the judge has to perform his competence in providing all necessary preconditions as for the trial to be fair. There are differences between interpretation and implementation of equality of arms in the jurisprudence of European court (...) on human rights and international criminal courts. Decisions of ECtHR are much more similar with domestic understanding of equality of arms as reasonable opportunity of the defence to present the case without disadvantages vis-à-vis the prosecutor, due to inherent inequity between the parties. When analyzing proceeding before the ad hoc Tribunals, there is “more liberal interpretation” of this principle, which allowed the Prosecutor to invoke equality of arms, as well. ICTY Trial Chamber in Aleksovski case concluded that application of the concept of a fair trial in favor of both parties is understandable because the Prosecution acts on behalf of and in the interests of the international community, including the interests of the victims of the offence charged and also has held that it is difficult to see how a trial could ever be considered to be fair where the accused is favored at the expense of the Prosecution. This interpretation has been justified with dependence of the international Tribunals on state cooperation and due to the fact that international criminal courts have no autonomous enforcement agencies at their disposal. Fortunately, ICC Statute considered equality of arms as solely afforded to the defence, or to the Prosecutor on the behalf of accused. (shrink)

Many accounts of collective intentionality target rather sophisticated types of cooperative activities, i.e., activities with complex goals that require prior planning and various coordinating and organizing roles. But although joint action is of obvious importance, an investigation of collective intentionality should not merely focus on the question of how we can share agentive intentions. We can act and do things together, but it is not obvious that the awe felt and shared by a group of Egyptologists when they gain entry (...) to a newly discovered pharaonic tomb can or should be analyzed in the same way as, say, a heist that a group of criminals carefully plan and execute together. The aim of the article is to better understand the kind of emotional sharing that can occur between two individuals who are perceptually co-present. Does the sharing involve a kind of phenomenal fusion? Is it a matter of sharing one and the same token experience? It will be argued that both of these recent suggestions must be rejected as misleading in favor of an account that sees emotional sharing as a form of emotional integration that involves constitutively interdependent processes of empathy, second-personal address, and identification. (shrink)

Humans are an exceptionally cooperative species, but there is substantial variation in the extent of cooperation across societies. Understanding the sources of this variability may provide insights about the forces that sustain cooperation. We examined the ontogeny of prosocial behavior by studying 326 children 3–14 y of age and 120 adults from six societies (age distributions varied across societies). These six societies span a wide range of extant human variation in culture, geography, and subsistence strategies, including foragers, herders, (...) horticulturalists, and urban dwellers across the Americas, Oceania, and Africa. When delivering benefits to others was personally costly, rates of prosocial behavior dropped across all six societies as children approached middle childhood and then rates of prosociality diverged as children tracked toward the behavior of adults in their own societies. When prosocial acts did not require personal sacrifice, prosocial responses increased steadily as children matured with little variation in behavior across societies. Our results are consistent with theories emphasizing the importance of acquired cultural norms in shaping costly forms of cooperation and creating cross-cultural diversity. (shrink)

NEITHER in the scholarly nor in the philosophical literature on Aristotle does his account of friendship occupy a very prominent place. I suppose this is partly, though certainly not wholly, to be explained by the fact that the modern ethical theories with which Aristotle’s might demand comparison hardly make room for the discussion of any parallel phenomenon. Whatever else friendship is, it is, at least typically, a personal relationship freely, even spontaneously, entered into, and ethics, as modern theorists tend (...) to conceive it, deals rather with the ways in which people are required to regard, and behave toward, one another, than with the organization of their private affairs. To the extent, then, that one shares this modern outlook one will tend to neglect, or treat merely as an historical curiosity, Aristotle’s efforts to define friendship and to place it within the framework of human eudaimonia, the theory of which is central to moral philosophy as he understands it. Yet in the Nicomachean Ethics the two books on φιλία make up nearly a fifth of the whole, and this seems to me a fair measure of the importance of this subject to the complete understanding both of Aristotle’s overall moral theory and even of many of the more circumscribed topics to which so much scholarly and philosophical attention has been devoted. If, as I suggest, the failure of commentators to appreciate its importance is partly the effect of distortions produced by the moral outlook that has predominated in modern moral philosophy, the careful study of these books may help to free us from constricting prejudices and perhaps even make it possible to discover in Aristotle a plausible and suggestive alternative to the theories constructed on the narrower base characteristic of recent times. (shrink)

If now we turn to the recent translation of the Politics by Carnes Lord we see that the language of "rights" is completely avoided. Lord prefers to speak sometimes in terms of what a person or group of persons is "entitled to" under the laws, or of what is "open" or "permitted" to them; and he usually or always sticks to "justice" or a related term to translate δίκαιον and its derivatives--whether this is justice as established by the laws of (...) a given community or type of community, or the true or correct account of what justice is and demands. It is doubtful, though, whether Lord avoids rights-talk as a matter of interpretative principle. He aims to translate key terms of the Greek with a single English translation throughout, with the result that, since in any event Aristotle uses no single Greek term where we might be tempted to speak of rights, avoiding the language of rights may have seemed to him required simply by his conception of "literal" translation. In his glossary under the heading "Justice," he explicates τὸ δίκαιον in part as "a right or rightful claim" and adds that this sense is generally rendered in his translation by "[claim to] justice." So, if we take this glossary entry as giving his full view, Lord would not object to at least interpreting Aristotle in these passages as speaking of rights or rightful claims. However, Lord is a follower of Leo Strauss and in his avoidance of the noun "right" to render anything Aristotle says, he may also have been falling in with Strauss's own considered view, which was that any attribution of a notion of "rights" to Aristotle or any other ancient thinker is so grossly anachronistic that it must be strictly avoided. In the past forty years or so I think it is fair to say that this view of Strauss's has been shared increasingly by important writers on ancient politics and political thought. Perhaps this tendency is all the more prevalent with the onset of self-described "post-modernist" thought and the historicism in all interpretation of the past that it so often connotes. Is there anything to this objection of vicious anachronism? Were Barker and other older writers making a serious error in rendering and interpreting Aristotle so as to make him hold theories about various ancient constitutions as granting political and other legal rights to people living under them, and also theories of his own about the rights people have under justice as to what their political and legal rights shall be? A major thesis of Fred Miller's recent book, Nature, Justice, and Rights in Aristotle's Politics is that they were not--at least they were not, once certain distinctions are carefully drawn, and one is careful to state what is and what is not implied by the "rights" talk they were so readily finding in Aristotle's texts. In what follows I will limit myself to discussing this thesis of Miller's and his handling of it. (shrink)

I discuss the division of the soul in plato's "republic". i concentrate on the arguments and illustrative examples given in book iv, but i treat the descriptions of different types of person in viii-ix and elsewhere as further constituents of a single, coherent theory. on my interpretation plato distinguishes three basic kinds of motivation which he claims all human beings regularly experience in some degree. reason is itself the immediate source of certain desires. in addition, there are appetitive and also--quite (...) distinct from either of the other two--competitive motivations. (shrink)

Spirituality has been a part of nursing for many centuries and represents an essential value for people, including nurses and patients. Cumulative evidence points to the positive contribution of spiritually on health and wellbeing. However, there is little clarity about what spirituality means. The literature reveals that nurses have ascribed a diversity of interpretations to spirituality. However, no studies have investigated how registered nurses construct their understanding of spirituality using a critical discourse analysis approach. Therefore, the aim of this study (...) was to uncover how registered nurses construct their understanding of spirituality using a critical discourse analysis approach. Twenty registered nurses from a non‐denominational public hospital and a faith‐based private hospital were interviewed about their understanding of spirituality and practice of spiritual care. A critical discourse analysis approach was used in the examination of the interview texts to uncover underlying social and power features. Links were made between the linguistic features the registered nurses used in their interviews and the broader social context of the study. Three discourses emerged from the interview texts. These include constructing spirituality through personal religious beliefs discourse, holistic discourse and empathetic care discourse. The findings of this study have implications for nurse education and policy makers. (shrink)

In what sense can aesthetic experience be considered an opportunity for the development of personal identity, cognitive abilities, and emotions? Theatre proves to be an important field of investigation to approach this question. During a theatrical experience, the connection between fiction and reality can take the form of active cooperation between author, actor, and spectator. A better understanding of this point can be drawn by pointing out three kinds of spectator: we can distinguish a critical spectator, an emotional (...) spectator, and an instinctual spectator, who respectively represent: the imaginative and hermeneutic attitude; empathy and fictional emotions; the unconscious satisfaction of drives. So far, a parallel can be established between literature and theatre. However, these two aesthetic experiences are profoundly different: the type of immersion provided by the theatrical experience differs from reading, because the presence of the characters is physical and actual. The pragmatic theatrical framework is the same as that which underlies childhood games. This means that the public too is to some extent called to play, i.e. to act. To appreciate the implications of this thesis, a preliminary analysis of the performance Reality (Deflorian and Tagliarini 2012) is offered, examining how its experience contributes to the development of the spectating subject. (shrink)

The aim of this article is to present the dynamics of the structure of human action to enable us to link the organizational level of institutions, norms, and culture of the firm. At the organizational level, the existing institutions and culture are the confines of our individual action. However, at the individual level, we focus on the external consequences of our acts. It is our acts that maintain social institutions and culture. The ethics of personal virtues demands (...) an ethics of institutions, the ethics which deals with the institutional means of realizing individual ends. All individuals choose courses of action by deciding what type of life is worth living. In this view, virtue (arete) occupies a central position, defining the paradigm that each society with its institutions and norms sets as the model of life to be lived (eudiamonia). (shrink)

The death of a person is a tragedy while the explosion of a lifeless galaxy is a mere firework. The moral difference is grounded in the nature of humans: humans have intrinsic worth, a worth that makes their fate really matter. This is the worth proposed as the foundation of ethics. Ethics in the usual sense of right and wrong actions, rights and virtues, and how to live a good life, is founded on something more basic that is not itself (...) about actions, namely the worth of persons. Human moral worth arises from certain properties that distinguish humans from the rest of creation (though some animals share a lesser degree of those properties): rationality, consciousness, the ability to act for reasons, emotional structure and love, individuality. This complex package makes humans the "piece of work" of which Hamlet says, “How noble in reason, how infinite in faculty." The Worth of Persons establishes a foundation for ethics in the equal worth of persons, which makes ethics absolutely objective and immune to relativist attacks because it is based on the metaphysical truth about humans. Endless debate about ethical dilemmas, rules, and principles fails to connect with what is really important ethically, that is, what makes humans matter. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Hope for Common Ground: Mediating the Personal and the Political in a Divided Church by Julie Hanlon RubioBrian StiltnerHope for Common Ground: Mediating the Personal and the Political in a Divided Church Julie Hanlon Rubio washington, dc: georgetown university press, 2016. 264 pp. $89.95 / $29.95Julie Hanlon Rubio wrote Hope for Common Ground to address divisions over ethical and political issues within the Catholic Church. Rubio (...) writes in a spirit of hope, affirming that it is possible for Catholics to find common ground by drawing on resources within their tradition and within themselves. She proposes that "the potential for seeing and developing common ground is particularly strong if we focus on what can be done in the 'local' sphere—that is, in the space between" the personal and the political (xvii). Localized focus is recommended by the Catholic principle of subsidiarity, which means working on social problems from the bottom up through the small- and medium-sized [End Page 195] groups that matter greatly for people's well-being, such as families, churches, and neighborhoods.Rubio's project is vital because civic spaces have become so fraught. Although this book was published early in 2016, these words are even more apt in 2017: "In both popular and academic Catholic circles, politics has become a very uncomfortable space. … Catholics are more divided than at any point in their history, and in this they mirror society rather than providing an alternative to it" (xiv–xv). If Catholic Christians, claiming a common life and common Lord, are as divided as society itself, they testify poorly to their values. By contrast, if they redirect some of their energies from the personal and the political to the local, then "instead of fighting each other, Catholics can participate more, agree on more, and, consequently, build up more" (229).Part 1 of the book draws on Church tradition and ethics texts to articulate a vision of what it means to be a faithful citizen. Divisions within the Catholic community are shaped in part by interpretations of Church teaching that discourage Catholics from thinking they should cooperate with others who think differently. In recent years, the American bishops have pushed Catholic citizens to consider some political issues, such as abortion and gay marriage, as more important than others. Rubio aims to right such imbalances by showing that Catholic teaching supports pluralism, appreciates the pragmatic side of politics, and holds a nuanced account of how people can act conscientiously in an imperfect world. She offers "a social ethic for ordinary Christians" (58), equally focused on faithfulness and effectiveness.The payoff in part 2 of the book is excellent. Rubio enters the culture-war debates over the family, poverty, abortion, and end-of-life care; elsewhere she briefly but insightfully examines white privilege, sweatshop clothing, and police violence. In each of these cases, Rubio describes the current divide, provides background analysis that cuts through misconceptions and slanted data, and suggests ways that Catholics can find common ground and build up the common good in church and society. Here is one small example of the kind of applications she makes: "A Catholic Charities center in my city included a conversation on advance directives in the agenda for a weekly meeting of mothers in a poor neighborhood. Though the instruction was quite simple, it gave the women a chance to talk about their faith, experiences, fears, and hopes in relation to death and dying. … These women are now better equipped than many for the tough conversations that are surely ahead" (218).Rubio practices what she preaches, exhibiting a conversational tone and capacious vision throughout. While focused on Catholic sources and issues, Hope for Common Ground is by no means narrow. Not only other Christians but also all [End Page 196] people have to face the social issues discussed here, and it matters to all citizens how religious communities are addressing them. Therefore, this book is a great launching point for honest conversations in college courses, while scholars in the field will do well to engage with Rubio's theory of local action. The book deserves a wide readership within and outside Catholic circles.Brian StiltnerSacred... (shrink)

How does modern writing in French grapple with the present absence and absent presence of lost loved ones? How might it challenge and critique the relegation of certain deaths to the realm of the unmournable? What might this reveal about the role of the literary in the French and francophone world and shifting conceptions of the nation state? Essays from the Revolution to the present day explore these questions from a variety of perspectives, bringing out the ways in which mourning (...) blurs the boundaries between the personal and the historical, the aesthetic and the ethical, the self and the other, and ultimately reasserting its truly critical resonance as a concept. (shrink)

In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss and debate (...) the issues. A one-day public conference was held at the Institute for Government in July. In September 2014, the EAP research team submitted its findings to the Ministry of Justice. (shrink)

While the link between servant leadership and organizational citizenship behavior has been established, the individual-level mechanisms underlying this relationship and its boundary conditions remain poorly understood. In this study, we investigate the salience of the mediating mechanisms of leader–member exchange and psychological empowerment in explaining the process by which servant leaders elicit discretionary OCB among followers. We also examine the role of followers’ proactive personality in moderating the indirect effects of servant leadership on OCB through LMX and psychological empowerment. Analysis (...) of survey data collected from 446 supervisor–subordinate dyads in a large Chinese state-owned enterprise suggests that while servant leadership is positively related to subordinate OCB through LMX, psychological empowerment does not explain any additional variance in OCB above that accounted for by LMX. Moderated mediation tests confirm the moderating effect of proactive personality through LMX. By providing a nuanced understanding of how and when servant leadership leads followers to go above and beyond their job role, our study assists organizations in deciding how to develop and utilize servant leaders in their organizations. (shrink)

Philosophers have recently revived the study of the ancient Greek topics of virtue and the virtues—justice, honesty, temperance, friendship, courage, and so on as qualities of mind and character belonging to individual people. But one issue at the center of Greek moral theory seems to have dropped out of consideration. This is the question of the unity of virtue, the unity of the virtues. Must anyone who has one of these qualities have others of them as well, indeed all of (...) them—all the ones that really do deserve to be counted as virtues? Even further, is there really no set of distinct and separate virtuous qualities at all, but at bottom only a single one—so that the person who has this single condition of “virtue” is entitled also to the further descriptions “honest” and “well-controlled” and “just” and “friendly” and “courageous” and “fostering” and “supportive,” and so on, as distinguishable aspects or immediate effects of his unitary “virtue”? (shrink)

One of the most striking features of Athenian laws regulating commercial activities is the absence of any concept akin to the modern legal notion of the partnership or corporation. Despite the presence in Athenian society of numerous koinoniai, groups of individuals cooperating for some purpose, be it commercial or otherwise, Athenian law concerned itself solely with individual persons and did not recognize the separate legal existence of collective entities. And just as Athenian law did not recognize the legal existence of (...) partnerships or corporations, it also did not possess the notion of corporate liability. This meant that if someone entered into an agreement with a group of individuals and one of those individuals violated the terms of the agreement, the plaintiff proceeded only against the individual who acted contrary to the agreement, not against the group as a whole. If the plaintiff won his suit, he only had a right to receive compensation from the defendant's private property; he did not have a claim on all the funds held in common by the group. (shrink)