Presidential power has provoked increasingly vigorous debate since the turn of this century. In recent years, scholars and lawyers have been grappling with how Congress’s dictates may limit the president’s Commander-in-Chief power to detain enemy combatants at Guantanamo Bay, to fight wars abroad, and to conduct intelligence activities at home. But policymakers have not yet explored the many possibilities for invoking the president’s “Take Care” power to change health care policy.This article explores the scope and limits of President Barack Obama’s (...) ability to invoke his executive authority to reform health care. Specifically, it identifies ways the Obama Administration can use directives to: expand Medicaid and State Children’s Health Insurance Program coverage through section 1115 waivers; test quality initiatives through Medicare demonstration authority; expand health information technology; allow drug reimportation and experiment with contracting power under Medicare; enhance patient protections and private coverage requirements; lift coverage restrictions on Medicaid and SCHIP; and build on the health insurance program for federal employees. Consistent with the mission of the Legal Solutions in Health Reform project, this article does not endorse a particular policy. Instead of recommending “what,” it explains “how.”. (shrink)

This volume explores moral and legal issues relating to sovereignty by addressing foundational questions about its nature, examining state sovereignty between states, and dealing with post 9/11 developments in the U.S., potentially destabilizing received views of democratic sovereignty. With essays addressing foundational, state and international sovereignty, the book focuses on Post 9/11 developments including the profusion of secret national security programs, including those pertaining to the interrogation, rendition, and detention of terror suspects; signal intercepts and meta-data analysis; and targeted killing (...) of irregular militants; prompting questions regarding the legitimacy of executive power in this arena. (shrink)

The suite of secretive national security programs initiated in the US since 9/11 has created debate not only about the merits of targeted killing, torture, secret detention, cyberwar, global signals intercepts, and data-mining, but about the very secrecy in which these programs were conceived, debated by government officials, and implemented. Law must be revealed to those who are expected to comply with its demands. Law is a mere pretext for coercion if the laws permitting the government to coerce people for (...) non-compliance are concealed. The purpose of this essay is to determine whether inhabitants of a liberal state—a type of state tracing the legitimacy of its coercive actions to the consent of the governed—also need to know the internal protocols and legal findings of the government agencies ostensibly serving them. To put this question another way, what, if anything, may government agencies in liberal states keep secret? (shrink)

In a modern capitalist society, the senior executives of large profit-seeking corporations play an important role in shaping the collective life of the society as a whole. In this sense, they exercise social authority. This his book argues that if such authority is to be accepted as legitimate, it must be understood as a form of political authority that is exercised in concert with the authority of governments.

Executive power in the European Union consists of various bits and pieces that have been cobbled together across a spectrum of institutions, sub‐actors, and policy areas. No fewer than three institutions of the European Union and its predecessors can claim to exercise executive authority within the Union, albeit to varying degrees and with varying emphasis: the Commission, the Council, and the European Council. This chapter provides a brief overview of the three core executive institutions, followed by a (...) discussion on recent executive constructions outside the EU legal framework. It highlights the pressing need for accountability mechanisms on all levels of Union governance. The European Council has gradually reinforced its own role, becoming in effect the most important agenda setter of the larger developments of the European Union, in spite of the Commission's monopoly of legislative initiative. (shrink)

This study examines events at the conclusion of the 2006 stock option backdating scandal: the departures of C-level executives from firms implicated in backdating. The authors ask whether removing executives brings closure to the scandal, or if executive turnover creates greater uncertainty. Using a sample of 236 executive departures, the authors find that although overall market reaction to executive departures is negative, those departures involving a firm’s CEO or CFO ameliorate the market reaction. The authors also find (...) that market reaction worsens when the CEO “resigns,” versus being terminated, and when the firm involved has been previously identified as socially responsible. Results suggest that firms, by shaping who and how executives depart, may amplify or dampen the damage of existing scandalizing events. (shrink)

This is a review of Christopher McMahon's book, Public Capitalism.

The article analyzes the system of legal regulation of the higher education in Lithuania with the purpose to determine the boundaries of exercising the discretionary powers of the executive institutions in the field of higher education. The article is made of two parts. Discretionary powers of the executive institutions in legislative field are discussed in the first part. The power of legislative discretion is described as a right to set the legal regulation by way of a subject who (...) is granted such discretionary power. Problems may arise in cases when the law granting such discretionary powers is too abstract or declarative. The main criteria in determining the boundaries of exercise of discretionary powers are the provisions of Constitution and laws, and constitutional law principles. The system of delegation of legislative powers in the field of regulation of the higher education in Lithuania is analyzed in the second part of the article. The permanent changes in administrative legal regulation of higher education and studies determined by a vast amount of subjects issuing post-legislative legal acts in this field, as well as rather tedious legal regulation which, in turn, calls for frequent changes in legal acts, raises doubts regarding a possibility to implement main principles of the studies, such as freedom of creation and scientific research or academic freedom and autonomy. (shrink)

In this preliminary study, the authors extend Swanson's concept of normative myopia (the propensity of executives to downplay or ignore the values at stake in their decision making) by using it as a point of reference for studying executives' preference for high pay dispersion. Specifically, the authors designed a survey to examine hypothesized relationships among myopia, personality, and executives' preference for highly stratified organizational pay structures. Data from 133 executive respondents suggest that myopic executives tend to prefer top-heavy compensation (...) systems. In addition, the findings point to an inverse relationship between the personality factor Agreeableness and normative myopia, with the former offsetting the latter. The authors reject the alternative hypothesis that gender influences both agreeableness and myopia and conclude with some implications for business and society, including Swanson's proposition that normative myopia at the top contributes to a neglectful form of corporate social performance. (shrink)

BackgroundAdults with ADHD exhibit a neuropsychological profile that may present deficits in many cognitive domains, particularly attention and executive functions. However, some authors do not consider executive disfunction as an important part of the clinical profile of the syndrome; this could be related to the use of inappropriate neuropsychological tests, probably not adapted and not sufficiently ecological. Moreover, new data are required on specific correlation of attentive-executive symptoms with socio-demographic factors. Therefore, the aim of this study is (...) to analyze the neuropsychological performance of a group of adults with ADHD, also evaluating the influence of gender, age and education level.MethodsWe retrospectively collected health-related personal data of 40 adult ADHD patients, clinically diagnosed and evaluated via a battery of 4 neuropsychological tests and 1 self-administered questionnaire. Gender, age and years of education differences were assessed.ResultsAttention and EFs deficits have been highlighted mainly on the d2-R and 5-point neuropsychological tests, which therefore seem to be more sensitive in measuring the attention-executive dysfunction in an adult ADHD population, than TAP Go/No-go and ROCFT. ADHD patients also manifested subjective behavioral impulsivity disorders on BIS-11. There were no statistically significant gender differences in cognitive performance. On the contrary, younger patients performed worse on subscales TAP Go/No-go errors and 5-points number of drawings, while participants with a higher education level performed better on subscales d2-R speed of execution and d2-R errors. This supports a reduction in the number of errors and the execution time as a function of older age and a higher level of education. Finally, patients with higher education also self-reported greater impulsivity in planning.ConclusionOur preliminary findings suggest that adult ADHD is not a lifelong stable disorder, but it may change over time. Moreover, attention-executive deficits may be influenced and partially counterbalanced by experience and a higher level of education. This could underlie the development of specific psycho-behavioral and cognitive compensatory strategies. The use of self-administered questionnaires is therefore recommended to highlight attentional and executive difficulties that may not result in neuropsychological tests. (shrink)

Elkhonon Goldberg's groundbreaking The Executive Brain was a classic of scientific writing, revealing how the frontal lobes command the most human parts of the mind. Now he offers a completely new book, providing fresh, iconoclastic ideas about the relationship between the brain and the mind. In The New Executive Brain, Goldberg paints a sweeping panorama of cutting-edge thinking in cognitive neuroscience and neuropsychology, one that ranges far beyond the frontal lobes. Drawing on the latest discoveries, and developing complex (...) scientific ideas and relating them to real life through many fascinating case studies and anecdotes, the author explores how the brain engages in complex decision-making; how it deals with novelty and ambiguity; and how it addresses moral choices. At every step, Goldberg challenges entrenched assumptions. For example, we know that the left hemisphere of the brain is the seat of language--but Goldberg argues that language may not be the central adaptation of the left hemisphere. Apes lack language, yet many also show evidence of asymmetric hemispheric development. Goldberg also finds that a complex interaction between the frontal lobes and the amygdale--between a recently evolved and a much older part of the brain--controls emotion, as conscious thoughts meet automatic impulses. The author illustrates this observation with a personal example: the difficulty he experienced when trying to pick up a baby alligator he knew to be harmless, as his amygdala battled his effort to extend his hand. In the years since the original Executive Brain, Goldberg has remained at the front of his field, constantly challenging orthodoxy. In this revised and expanded edition, he affirms his place as one of our most creative and insightful scientists, offering lucid writing and bold, paradigm-shifting ideas. (shrink)

Each year individuals are required to execute millions of authorizations for the release of their health records as a condition of employment, applying for various types of insurance, and submitting claims for benefits. Generally, there are no restrictions on the scope of information released pursuant to these compelled authorizations, and the development of a nationwide system of interoperable electronic health records will increase the amount of health information released. After quantifying the extent of these disclosures, this article discusses why it (...) is important to limit disclosures of health information for nonmedical purposes as well as how it may be possible to do so. (shrink)

The executive branch is often conceptualised as a hierarchy in which one official has ultimate authority to carry out the law. In American public law, this is referred to as the ‘unitary’ theory of...

What, if anything, is wrong with high executive compensation? Is the common “lay reaction” of indignation and moral outrage justified? In this paper, my main goal is to articulate in a more systematic and philosophical manner the egalitarian responses to these questions. In order to do so, I suggest that we take some insights from recent debates on two versions of egalitarianism: a distributive one, according to which no one should be worse off than others because of unfair distributions (...) of goods and resources, especially ones based on matters of luck or arbitrary factors, and a relational one, which maintains that egalitarian justice requires members of a society to relate to one another as equals. Drawing on recent attempts to highlight the tricky nature of managerial authority, I argue that high inequalities in pay are not simply a distributional matter but should also be analyzed through a relational lens. I also attempt to show that relational egalitarians are well-equipped to question the now dominant “incentives” view of CEO compensation. (shrink)

While there exist extensive literatures on both distributive justice and senior executive pay, and a number of authors (notably the French economist Thomas Piketty) have addressed the implications of high pay for distributive justice, the existing literature fails to address what senior executives themselves think about distributive justice and whether they consider high income inequalities to be morally acceptable. We address this gap by analysing a unique dataset comprising the views of over 1000 senior executives from across the world, (...) which was constructed using a survey instrument designed by the authors based on a thought experiment resembling John Rawls’s original position. We report four main findings. First, executives conceptualise distributive justice in a pluralistic manner, endorsing different and sometimes apparently conflicting philosophical principles: to explain how this plurality can be accounted for we propose a novel field-theory framework for conceptualising beliefs about distributive justice. Second, executives support similar philosophical approaches at both society and company levels of analysis, thus countering the idea that companies should leave matters of distributive justice exclusively for governments to deal with via the tax system. Third, executives believe that they live in societies and work for companies that fall short of desirable distributive justice outcomes. Fourth, the distributive justice views of the executives in our sample fall into four distinct clusters that are correlated with certain socio-demographic markers. Finally, we note the distinction between distributive justice beliefs and behaviours, from which we derive a number of managerial and public policy implications. (shrink)

The well-established pattern of Executive expansionism and limited oversight of Executive action in times of terrorism is problematic from the civil libertarian point of view. How to limit such action has been the subject of much scholarship, a large amount of which focuses on perceptions of institutional competence rather than effectiveness. For the authors, the effective control of security-focused state action is to be judged by the extent to which it consists only of action that is necessary and (...) proportionate and thereby strikes an appropriate balance between security exigencies and individual rights. This article, written and structured in dialectic form, presents competing perspectives on effective oversight mechanisms: on the one hand, an extra-constitutionalism perspective, proposing a limited role for the Judiciary and emphasizing the need for legislative and democratic controls; and on the other, an argument for judicial muscularity. (shrink)

The idea that states and the international community have a responsibility to protect populations at risk has framed internationalist debates about conflict prevention, humanitarian aid, peacekeeping and territorial administration since 2001. This book situates the responsibility to protect concept in a broad historical and jurisprudential context, demonstrating that the appeal to protection as the basis for de facto authority has emerged at times of civil war or revolution - the Protestant revolutions of early modern Europe, the bourgeois and communist revolutions (...) of the following centuries and the revolution that is decolonisation. This analysis, from Hobbes to the UN, of the resulting attempts to ground authority on the capacity to guarantee security and protection is essential reading for all those seeking to understand, engage with, limit or critique the expansive practices of international executive action authorised by the responsibility to protect concept. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:From the Executive EditorDonald R. KelleyTwenty years ago the Journal of the History of Ideas moved from Temple University to the University of Rochester (through the efforts especially of J. Paul Hunter, then dean of the college of arts and sciences, and Lewis White Beck, professor of philosophy), and I replaced Philip Wiener, who had been editor for forty-five years, the first issue under my supervision being that (...) of July 1985. A year later Robin Ladrach joined me as assistant and then as associate editor, and in 1991 we both moved along with the JHI to Rutgers University (through the efforts especially of Richard McCormick, then dean of the faculty of arts and sciences and now president of the university). Now the Journal has moved to the University of Pennsylvania, and I pass on the editorship to a committee composed of Warren Breckman, Martin J. Burke, Anthony Grafton, and Ann E. Moyer, with Robin Ladrach continuing as managing editor.We changed our face in 1990, but otherwise we have maintained a remarkably steady course since the days of Arthur O. Lovejoy, original founder of the JHI in 1940, with articles submitted and articles published continuing in mostly the same quantity and intellectual range and following the interdisciplinary and cross-cultural vision established by Lovejoy in the 1930s (history of philosophy, science, political thought, historiography, religion, literature, art, and music) but also modified by intervening intellectual and cultural changes (and so enhanced by studies in the human sciences, gender, women's history, globalism, animals, etc.). Such change has for the most part not been from conscious editorial policy, except indirectly, but rather "from below," and the role of the editor has been that not of cultural critic but of observer, whose reflections have appeared in "Horizons of Intellectual History," JHI, 48 (1987), 143–69; "What is Happening to the History of Ideas?" JHI, 51 (1990), 3–25; "JHI 2000," JHI, 61 (2000), 153–56; and The History of Ideas: Canon and Variations (Rochester, N.Y., 1990), which contains also the reflections of Lovejoy and other earlier authors. The new regime may well introduce new departures, but I [End Page 475] believe that it will continue to rely and perhaps draw on the old Lovejovian tradition which has made this journal a successful and enduring international enterprise.Donald R. KelleyExecutive Editor Emeritus Rutgers UniversityCopyright © 2005 The Journal of the History of Ideas, Inc.... (shrink)

Prior research has demonstrated that trust in robots and performance of robots are two important factors that influence human–autonomy teaming. However, other factors may influence users’ perceptions and use of autonomous systems, such as perceived intent of robots and decision authority of the robots. The current study experimentally examined participants’ trust in an autonomous security robot (ASR), perceived trustworthiness of the ASR, and desire to use an ASR that varied in levels of decision authority and benevolence. Participants (N = 340) (...) were recruited from Amazon Mechanical Turk. Results revealed the participants had increased trust in the ASR when the robot was described as having benevolent intent compared to self-protective intent. There were several interactions between decision authority and intent when predicting the trust process, showing that intent may matter the most when the robot has discretion on executing that intent. Participants stated a desire to use the ASR in a military context compared to a public context. Implications for this research demonstrate that as robots become more prevalent in jobs paired with humans, factors such as transparency provided for the robot's intent and its decision authority will influence users’ trust and trustworthiness. (shrink)

Rodger et al 1 argue that ‘ethically defensible xenotransplantation should entail the use of genetic disenhancement if it is demonstrated that’ the pain and suffering of donor pigs ‘cannot be eliminated by other means’. The phrase ‘genetic disenhancement’ refers to genetic manipulation that would produce an animal that is either less able or entirely unable to experience pain and suffering. (The phrase is euphemistic because, on one possible reading, it suggests the removal of an existing enhancement, rather than what it (...) actually is, namely a diminishment relative to the species norm.) The authors acknowledge that genetic ‘disenhancement’ is not a ‘morally ideal ‘solution’, but argue that ‘it is morally better to prevent unavoidable pain until a viable non-animal alternative becomes available’ (p. 1). In advancing this argument, they explicitly state that they make no assumption that xenotransplantation is, in principle, morally permissible. They take no stand on that issue, which is beyond the scope of their paper. They assume only that ‘ (1) xenotransplantation research will inevitably continue and (2) causing pain and suffering requires sufficient justification’ (p. 1). However, in the absence of an assumption that xenotransplantation is, in principle, morally permissible, the authors have not established their …. (shrink)

This article reports the results of a study of attitudes of future business executives towards issues of social responsibility and business ethics. The 455 respondents, who were MBA students during 1985 at one dozen schools from various regions in the United States, were asked to respond to a series of open-ended and closed-ended questions. From the responses to the questions the authors were able to conclude that future executives display considerable sensitivity, though to varying degrees, towards ethical issues in business. (...) Women, in particular, tend to evince strong feelings regarding such issues. (shrink)

In Responsible Brains, Hirstein, Sifferd and Fagan apply the language of cognitive neuroscience to dominant understandings of criminal responsibility in criminal law theory. The Authors make a compelling case that, under such dominant understandings, criminal responsibility eventually ‘translates’ into a minimal working set of executive functions that are primarily mediated by the frontal lobes of the brain. In so arguing, the Authors seem to unquestioningly accept the law’s view of the “responsible person” as a mixture of cognitive capacities and (...) mechanisms—thereby leaving aside other fundamental aspects of individuals’ human agency. This commentary article offers a critique of the Authors’ rationalist and individualist approach. The critique can be summarized through the following claim: We humans, as responsible beings, are more than our executive functions. This claim articulates through four main points of discussion: role of emotions in moral judgments and behavior; executive functions and normative criteria for legal insanity; impact of adverse situational factors on executive functions; Authors’ account of punishment and, especially, rehabilitation. (shrink)

While post-World War II business fiction writers viewed the modern corporation as a threat to individualism, the author makes the point that modern fiction writers do not share that concern. However, modern fiction does describe the business world as being heavily populated by amoral or immoral valueless people, especially among those businessmen engrossed in financial manipulations. The author also observes that the world of business fiction remains an essentially white male dominated one.

The umbrella-term ‘executive functions’ includes various domain-general, goal-directed cognitive abilities responsible for behavioral self-regulation. The influential unity and diversity model of EF posits the existence of three correlated yet separable executive domains: inhibition, shifting and updating. These domains may be influenced by factors such as socioeconomic status and culture, possibly due to the way EF tasks are devised and to biased choice of stimuli, focusing on first-world testees. Here, we propose a FREE test battery that includes two open-access (...) tasks for each of the three abovementioned executive domains to allow latent variables to be obtained. The tasks were selected from those that have been shown to be representative of each domain, that are not copyrighted and do not require special hardware/software to be administered. These tasks were adapted for use in populations with varying SES/schooling levels by simplifying tasks/instructions and using easily recognized stimuli such as pictures. Items are answered verbally and tasks are self-paced to minimize interference from individual differences in psychomotor and perceptual speed, to better isolate executive from other cognitive abilities. We tested these tasks on 146 early adolescents of both sexes and varying SES, because this is the age group in which the executive domains of interest become distinguishable and in order to confirm that SES effects were minimized. Performance was determined by Rate Correct Scores, which consider speed-accuracy trade-offs. Scores were sensitive to the expected improvement in performance with age and rarely/inconsistently affected by sex and SES, as expected, with no floor or ceiling effects, or skewed distribution, thus suggesting their adequacy for diverse populations in these respects. Using structural equation modeling, evidence based on internal structure was obtained by replicating the three correlated-factor solution proposed by the authors of the model. We conclude that the FREE test battery, which is open access and described in detail, holds promise as a tool for research that can be adapted for a wide range of populations, as well as altered and/or complemented in coming studies. (shrink)

The authors of this commentary concur with the viewpoint presented by Mareschal et al. (2007a; 2007b) concerning the relevance of neurological data when theorizing about cognitive development. However, we argue here that Mareschal et al. fail to consider adequately the relevance of reorganizational brain events occurring through adolescence and early adulthood, especially regarding the prefrontal cortex and the ontogeny of executive functioning. In addition, evidence from the lifespan neurodevelopmental literature indicates that increased activity of neural networks may signify less (...) efficient processing. This observation is of potential relevance when considering the neurological changes associated with cognitive development during childhood and adolescence. (shrink)

Thomas Kretschmar and Andreas Hamburger provide an important overview of psychodynamic work in companies, presenting different viewpoints and explaining key psychoanalytic terms and techniques for coaching and supervision. Written in the form of a dialog between Kretschmar, an entrepreneur, and Hamburger, a psychoanalyst, the book provides unique insight into psychodynamic coaching and supervision. Psychodynamic Coaching and Supervision for Executives begins with an overview of coaching, psychodynamic approaches, the unconscious and relevant psychoanalytic theory. Kretschmar and Hamburger then consider Operationalized Psychodynamic Diagnosis (...) (OPD) in business, assess current research into coaching and supervision and present a selection of key case studies. At the end of each chapter, the authors compare their positions, giving important contextual information, exploring objections, complications and improvements, and providing a precise summary of the topic. This book will be an illuminating guide for therapists and professionals who wish to learn how psychoanalytic theory and practice can be used for coaching, counseling, and supervision in an organizational context. (shrink)

In The Ethics of Authorship, Daniel Berthold depicts G. W. F. Hegel and Søren Kierkegaard as endorsing two postmodern principles. The first is an ethical ideal. Authors should abdicate their traditional privileged position as arbiters of their texts’ meaning. They should allow readers to determine this meaning for themselves. Only by doing so will they help readers attain genuine selfhood. The second principle is a claim about language. To wit, language cannot express an author’s thoughts. I argue that if the (...) claim about language holds, the ethical ideal becomes superfluous. In addition, if Berthold has identified Hegel and Kierkegaard’s views regarding the issues in question by reading their works, then either they failed to execute their ethical project or their views about language are false. (shrink)

Although the model proposed by Thelen and co-authors provides a detailed explanation for the processes underlying reaching, many aspects of it are highly speculative. One of the reasons for this is our lack of knowledge about transformation of a hand movement plan into joint movements. The leading joint hypothesis (LJH) allows us to partially fill in this gap. The LJH offers a possible explanation for the formation of movement and how it may be represented in memory. Our explanation converges with (...) the dynamic model described in the target article. (shrink)

This article develops an account of the nature and limits of the state’s legislative authority that closely attends to the challenge of harmonizing Kant’s ethical and juridical theories. It clarifies some key Kantian concepts and terms, then explains the way in which the state’s three interlocking authorities – legislative, executive, and judicial – are metaphysically distinct and mutually dependent. It describes the emergence of the Kantian state and identifies the preconditions of its authority. Then it offers a metaphysical (...) model of the Kantian state and uses it to argue that the activity of juridical lawgiving is an act of the omnilateral will itself. Legislative authority is limited in the sense that it does not include the capacity to create juridical laws that are conceptually incompatible with the idea of universal external freedom. I argue that my proposed account of the legislative authority is wholly consistent with that authority’s exclusive lawgiving capacity and does not threaten the possibility of ‘distributive justice’ – the legal finality that is the sine qua non of a civil condition. (shrink)

The target article's evolutionary approach provides an excellent framework for understanding when and why people retaliate or forgive. We argue that recent findings on the basic processes in forgiveness can further refine the authors' proposed model. Specifically, the lack of executive control may restrict the explanatory power of relationship value and exploitation risk.

In addressing the main points made by the five discussants, this response acknowledges possible failures of execution in the writing of Absent Minds. But it reaffirms the value of examining British traditions of debate about "the question of intellectuals" in analytical and comparative terms; it emphasizes that the figures and episodes discussed in some detail were not selected to be representative of political affiliations or of gender of any other identity apart from that of having made a significant or revealing (...) contribution to the traditions being examined; and it maintains that a broadly literary-critical approach, partly deploying the terms of everyday discrimination and assessment, is a legitimate and central aspect of the work of the intellectual historian. (shrink)

Correcting the relationship between tonic and burst firing modes in dopamine neurons may help normalise stimulus-reinforcement gradients and contingent behaviour in attention-deficit/hyperactivity disorder (ADHD) children. But appropriate evaluations of stimuli for developing adaptive plans and controlling impulsivity will not occur without moderating the gain-like functions of serotonin. The “dynamic theory” correctly highlights the need to account for variability in ADHD. The dysmaturation of pre-executive information processing is proposed as an explanation. At the core of the article by Sagvolden and (...) colleagues there is a set of data that throws light on an aspect of the ADHD phenomenon. But one asks if the authors are a measure too brave to generalise so broadly from the unusually steep reinforcement gradients reported for the human condition and an animal model to the syndrome as a whole. (shrink)

This article examines non-statutory executive powers, which are commonly employed in the modern state but rarely studied as a distinct concept. The article assesses three treatments of these powers available in current English public law—prerogative, common law powers which rely on analogies between the state and legal persons, and judicial review—and argues that they fail to provide a proper balance between legality and need. Royal prerogative connotes a shrinking reservoir of ancient powers, while non-statutory powers respond to unexpected futures (...) and statute’s intrinsic eventual failings. Analogies to legal persons fail to address the particularities of executive powers. Judicial review provides only a partial solution, since absence of parliamentary approval is not, in itself, ground for special treatment of executive action. The author joins calls for theoretization of public law and advances a model of executive powers that draws on a composite theory of the executive branch and its functions.This article examines non-statutory executive powers, which are commonly employed in the modern state but rarely studied as a distinct concept. The article assesses three treatments of these powers available in current English public law—prerogative, common law powers which rely on analogies between the state and legal persons, and judicial review—and argues that they fail to provide a proper balance between legality and need. Royal prerogative connotes a shrinking reservoir of ancient powers, while non-statutory powers respond to unexpected futures and statute’s intrinsic eventual failings. Analogies to legal persons fail to address the particularities of executive powers. Judicial review provides only a partial solution, since absence of parliamentary approval is not, in itself, ground for special treatment of executive action. The author joins calls for theoretization of public law and advances a model of executive powers that draws on a composite theory of the executive branch and its functions. (shrink)

While much has been written about the functional profile of intentions, and about their normative or rational status, comparatively little has been said about the subjective authority of intention. What is it about intending that explains the ‘hold’ that an intention has on an agent—a hold that is palpable from her first-person perspective? I argue that several prima facie appealing explanations are not promising. Instead, I maintain that the subjective authority of intention can be explained in terms of the inner (...) structure of intention. In adopting an intention the agent comes to see herself as criticizable depending on whether she executes the intention. This allows us to explain in first-personal terms why the agent becomes disposed to act and deliberate in ways that are characteristic of intention. As intention-formation involves profound changes to reflexive evaluative attitudes, this is the ‘Self-Evaluation’ view of the subjective authority of intention. (shrink)

The author of the article studies the activities of the Executive Committee of the Leningrad City Council on the development of the city and its infrastructure in the first half of the 50s of the 20th century. Particular attention is paid to prevention of attempts made by various departments to violate the existing layout of the city and cause damage to monuments of historical and cultural heritage. By the beginning of the 1950s, the tasks of restoring the municipal economy (...) in Leningrad and liquidating the damage caused by the war and the enemy blockade of the city were basically solved. In these years, the most acute task for Leningrad was to ensure a steady increase in the volume of housing construction and to reconstruct ‘under-repaired‘ residential buildings. In addition, it was necessary to build and start up the first stage of the subway, i.e. to fulfill the task set in the Fourth Five-Year Plan. To ensure the solution of these problems, the General Plan for the Development of Leningrad in 1951-1960 was developed. The most important part of the plan was the implementation of new housing construction along with the restoration and renovation of existing houses and buildings. Particular attention was paid to the development of social infrastructure. The plan provided for the construction of schools, hospitals, and other public facilities. The Executive Committee of the Leningrad City Council constantly kept under control the problems that arose with land allocation for organizations and enterprises located in the city. Sometimes the solution of these issues acquired the all-Union character, and the city’s leadership protected the interests of the residents and preserved the architectural and historical integrity of the city territories. Thanks to the principled and uncompromising position of the Leningrad City Council, it was possible to save many monuments of culture and architecture of the city, to ensure its development in strict accordance with the General Plan. (shrink)

This last part of the study of materials and techniques used in Minoan wall-painting discusses the execution of the actual decoration itself. After a brief reminder of our knowledge of the status of the artist and his principal tools, the main stages of the process of execution are described. It thus appears that the number and connection of these différent phases, as well as the painting techniques themselves, depend on the nature of medium used: chalk or cernent. For the identification (...) of the latter, the author proposes a new method, combining macro- and microscopic observations, and using physico-chemical characterisation analyses. (shrink)

This article uses interview data to examine changes over time in the cultural constructions of executive women's family responsibilities. The author delineates two gendered cultural structures: the family devotion schema and the work devotion schema. Respondents are caught in the conflict between each schema's competing vision of a worthwhile life. Older respondents are more likely to accept the devotion schema's definition of an irreconcilable conflict between work and family, prompting many to avoid marriage or childbearing. In contrast, many members (...) of the youngest cohort, who came of age after the early 1970s women's movement, are refashioning the family devotion schema by subcontracting out domestic responsibilities while maintaining demanding careers. Yet, the family devotion schema continues to haunt all cohorts, enduring in its cognitive, normative, and emotional power. Gender, as expressed in cultural models of family, remains a powerful constraint on the hearts and minds of even professionally successful women. (shrink)

The present article analyses the qualitative and quantitative parameters of the execution of foreign policy in the Constitution of the Republic of Lithuania. It should be noted that the matters of foreign policy were on the brink of constitutional regulation for a long time. The powers of institutions of the state in the field of foreign relations were established laconically by the Constitutions of first and second “waves” of establishment of constitutionalism. It was argued that the choices of decisions and (...) the execution of foreign policy were determined by political reasons and the law could only fix the results of that policy. That is why these constitutions should be seen as establishing quantitative characteristics of action of the state institutions in the field of foreign policy. As a result of the changes in the concept of the Constitution and the general recognition of the relevance of constitutional regulation from the middle of the twentieth century the constitutional acts began to define not only the powers of certain state institutions in the field of the foreign policy but also the objectives and principles of this policy. These objectives and principles are qualitative parameters of the action of state institutions, which are mandatory constitutional requirements to all subjects engaged in foreign policy. From a qualitative standpoint, the powers of the state institutions can be exercised only by taking the constitutional objectives into account and by respecting the Constitution. The Constitution establishing both qualitative and quantitative characteristics of the execution of foreign policy becomes an actual basis of this policy. It is unlawful to execute foreign policy without complying with its objectives and constitutional principles. The institutions of constitutional review have the powers to determine the constitutionality of legal acts related to the execution of foreign policy. Constitutional regulations previous to the Constitution of the Republic of Lithuania of 1992 only defined the powers of state institutions, i.e. the quantitative parameters of their action. The Lithuanian Constitution of 1992 also established the constitutional objectives and principles of foreign policy. This area of constitutional regulation has been enhanced by the participation of the Republic of Lithuania in the European Union. The author suggests analysing this matter as an autonomous constitutional principle and not only as a case of participation in international organisations or an integral element of the principle of geopolitical orientation. Constitutional objectives and principles of foreign policy, as well as the other provisions of the Constitution regarding the exercise of foreign policy, are interpreted in constitutional jurisprudence. In cases concerning the constitutionality of international treaties, laws and other legislative acts directly related to the exercise of foreign policy, the Constitutional Court reveals the content and meaning of the qualitative and quantitative constitutional parameters of foreign policy. Despite the fragmented nature of the case law one can see the precise contours of the foreign policy system. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:17~ BOOK REVIEWS sician, hiding the most important elements of his thought in obscure passages, burying the central concepts of his theory of language, and offering a sly double entendre (l\foDonough's reading of T 7) without giving the reader the slightest clue. But McDonough's account does not persuade; so we are not obligated to make this reassessment. JOHN CHURCHILL Hendrix College Conway, Arkansas The Nature and Limits of Authority. (...) By RIOHARD T. DEGEORGE. Lawrence, Kansas: University Press of Kansas, 1985. Pp. 305 with index. Richard DeGeorge has produced a very thorough analysis of the nature and limits of authority in general as well as of authority in such specific domains as the family, political society, the labor place, religious bodies, the domain of knowledge in general (epistemic: authority in general), and the university. DeGeorge draws some very useful distinctions among different kinds of authority. His working model is: "someone or something (X) is an authority if he (she, it) stands in relation to someone else (Y) as superior stands to inferior with respect to some realm, field or domain (R) " (14). On his analysis authority is sometimes a power and sometimes a right. He divides authority most basically into executive authority and nonexecutive authority. Executive authority is the right or power of someone to do something in some domain. Nonexecutive authority, on the other hand, concerns knowledge or example. Nonexecutive authority can be epistemic or exemplary (i.e., the authority of one who sets an example to follow, as in art or morality). DeGeorge discusses all of these with patience and clarity. DeGeorge's justification for epistemic authority is that: 1) people are not equal in knowledge (or competence), and 2) the reliance on epistemic authority allows many more people to benefit from some people's knowledge than just those who directly know (38). There are criteria by which rational acceptance of epistemic authority can be distinguished from irrational acceptance. For example, Y must have good reason for believing that X has knowledge in the relevant domain. DeGeorge takes seriously the challenge of anarchism, discussing in some detail arguments by Bakunin, Marx, and Robert Paul Wolff as examples. DeGeorge defines various types of freedom and concludes that, pace the anarchists, the exercises of various kinds of authority, and, in particular, BOOK REVIEWS 173 of political authority, can enhance, rather than limit, free choice and "teleological freedom" (i.e., the ability of persons to conceive of and to attain their goals). Thus he justifies political authority, not on the basis of consent, but on the basis of its necessity in order to preserve and increase effective teleological freedom. Consent is not the foundation for political authority's legitimacy, but, if I understand DeGeorge correctly, a necessary condition of its legitimacy. DeGeorge argues that there is no such thing as executive moral authority. That is, there is no one who makes something morally right simply by commanding it. In another chapter he distinguishes among various kind of religious authority: delegated divine authority (e.g., to preserve revealed truths handed down), operative authority within the church organization (i.e., authority to represent or act for the church body, and religious epistemic authority. In a very enlightening chapter on university and authority, DeGeorge defends the value, both intrinsic and instrumental to all of society, of what he calls the objective-knowledge university. " The objective-knowledge university has as its primary end the traditional trio of discovering, preserving, and transmitting objective, systematic, and unified knowledge " (251). DeGeorge often takes a very non-dialectical approach, which sometimes inadvertently hides how controversial some of the issues are and how significant the positions are which he calmly sets out. The book is extremely thorough; it brings analytic clarity to issues on which there has been surprisingly little philosophical work done. It should be consulted by anyone doing philosophical or theological work on any of the several topics that demand clear thinking about the nature of authority. Center for Thomistic Studies University of St. Thomas Houston, Texas PATRICK LEE... (shrink)

This study develops an internal–external institutional framework that explains why firms act in socially responsible ways in the emerging country context of China. Utilizing a mixed method of in-depth interviews and a survey study of 225 Chinese firms, the author found that internal institutional factors, including ethical corporate culture and top management commitment, and external institutional factors, including globalization pressure, political embeddedness, and normative social pressure, will affect the likelihood of firms to act in socially responsible ways. In particular, implicit (...) ethical corporate culture plays a key role in predicting different aspects of corporate social responsibility, while external institutional mechanisms mainly predict market-oriented CSR initiatives. This study contributes to the research on CSR antecedents by showing that in the emerging economy of China, CSR toward nonmarket stakeholders is more closely intertwined with corporate tradition and values, while legitimacy-seeking CSR activities are still limitedly rewarded. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Causality of Prayer and the Execution of Predestination in Thomas AquinasStephen L. BrockIntroduction: The Question of the Reasonableness of Petitionary PrayerIn a lucid and witty essay published in 1945, C. S. Lewis addressed a common objection to the practice of petitionary prayer.1 This practice is not confined to Christianity, of course, but at least in relation to the Christian conception of the deity, it can seem to make (...) little sense. The problem is simple. If God is all-wise and all-good, what is the point of asking him for things? He is already perfectly aware of our true needs, and he already wants to provide for them. Many of our requests are ignorant and misguided, and the others, it seems, will be at best superfluous. Nevertheless, as Lewis observes, petitionary prayer is part of the whole Christian tradition. Jesus himself practiced it, urged his followers to do so, and taught them how. Lewis wanted to explain that the real purpose of the practice is not to inform God of our needs or to twist his arm. Rather, petitionary prayer functions as a kind of cause, a way of bringing things about. It does so by divine institution and as a kind of share in God's own causality. And so understood, it makes perfect sense. I think Lewis is right about this.Another matter, however, is Lewis's particular way of conceiving the causality of petitionary prayer, especially as to its relation to God's own causality and care for the world. I grant that his conception is quite [End Page 15] straightforward and clear, and that it even has a strong initial plausibility. Indeed, I suspect that it gives voice to the way in which many thoughtful people who pray for things conceive of what they are doing. This is why, even though it is not the main focus of the present essay, I think that it serves as a good way of entering to the topic. But I do hope to show that it contains some serious problems.In what follows, I shall first set out Lewis's answer to the question of the reasonableness of petitionary prayer. Then I shall raise one of the problems that I think it faces. This has to do with another attribute that has traditionally been ascribed to the Christian God; namely, omniscience, the knowledge of all things, including all temporal events, past, present, and future. In the essay on prayer, Lewis does not address this problem. But from things that he says elsewhere about temporal events and how God knows them, I think we can gather how he would have solved it.Rather than evaluating this solution myself, I shall turn next to another twentieth-century British thinker, the philosopher Peter Geach. Although Geach agrees with Lewis in ascribing a causal function to petitionary prayer, Geach's way of understanding temporal events and God's knowledge of them contrasts sharply with Lewis's. In fact, Geach argues—I think persuasively—that a position like Lewis's actually ends up making petitionary prayer unable to function as a cause, and therefore renders it pointless. At the same time, however, Geach's own account of how petitionary prayer fits into God's overall plan has something very important in common with Lewis's. And in my opinion, what they have in common is very problematic.This will bring me to my main theme, which is Thomas Aquinas's view of the matter. Like Lewis and Geach, Thomas does regard petitionary prayer as a divinely instituted way of causing things. On their temporal status, his position is similar to Geach's. But on how prayer and its effects fall under God's providential plan, Thomas differs greatly from both authors. I find his account far more satisfactory. Unfortunately, it is also considerably more complicated and philosophically challenging, and my presentation of it will have to be correspondingly longer.The distinctive features of Thomas's view mostly pertain to the metaphysics of divine transcendence. My main task will be to show how, in his account, the full determinacy of God's eternal plan, including that part of it called... (shrink)

The legitimacy of political authority may be philosophically defended in a number of ways. It may be argued that the lineage, biological or otherwise, of a society's rulers confers upon them an entitlement to be obeyed. Or it may be contended that the body of law to which a polity's citizens are subject is just and, therefore, whatever group of governmental officials executes it does so legitimately. Alternatively, it may be maintained that the consensual genesis of a society's political institutions (...) can serve as its warrant. And finally, no one of the above justifications may provide, by itself, a sufficient ground for the exercise of political authority. Rather, some combination of them may be required to affirm the legitimacy of governmental institutions. (shrink)

In this paper, I provide an interpretation of Plato’s repeated claims in Republic V that women are “weaker” (asthenestera) than men. Specifically, I argue that Plato thinks women have a psychological propensity to get easily dispirited, which makes them less effective in implementing and executing their rational decisions. This interpretation achieves several things. It qualifies Plato’s position regarding women and their position in the polis. It provides the background against which we can interpret Aristotle’s claim in Politics I that women (...) possess a deliberative capacity that is not authoritative (akuron). It expands our understanding of the nature and role of spirit (thumos) in these authors. And, finally, it gives us insight into a kind of moral-psychological success that Plato and Aristotle consider central to both personal and political agency. (shrink)

The article explores the problems of the legal status of the regulatory authorities in the energy sector of Ukraine in the context of the administrative reform currently taking place in the Ukraine and the fulfillment of the EU requirements in this sphere. Based on the analysis of the EU legislation, in particular Directive 2009/72/EC of the European Parliament and the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC and Directive (...) 2009/73/EC of the European Parliament and the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC, and the experience of Ukraine in the field of energy regulation, the author of this article supports granting the special legal status to the national regulatory authorities in the energy sector of Ukraine and their separation from the system of state executive bodies, however, recommends to stipulate in the Constitution of Ukraine the provisions, regarding the organizational legal form and the establishment procedure of such bodies, the appointment and dismissal procedure for their management and members, the peculiarities of the relations of these bodies with the President of Ukraine, the Parliament of Ukraine and the Government of Ukraine. (shrink)

In a series of influential articles, Rae Langton has argued that Austinian speech-act theory can illuminate the way in which pornography contributes to the subordination of women. I will argue that Langton’s application of Austin is incorrect. In earlier work, I have argued against Langton’s view on the grounds that being subordinated is not the sort of condition that can be brought about through an illocutionary act. In this paper, however, I will set aside that objection and focus instead on (...) Langton’s claims about the type of illocutionary act pornography might be. I will argue, first, that Langton cannot say what she wants to say about the content of pornography and still have it that pornography is a verdictive or exercitive speech act, in Austin’s sense. Verdictive and exercitive speech acts do not, and cannot describe the states of affairs they bring about. Second, I will argue that pornography does not in any case satisfy the conditions necessary for a speech act to be verdictive or exercitive. Specifically, there do not exist accepted background conventions that would give the pornographer authority to render verdicts or to take executive action. This objection to Langton’s view has been made before; I’ll show that her response to the objection betrays a confusion of authority with power. (shrink)

More than a decade has passed since the tragic events that took place in America in the dramatic day of September 9th 2001. For the first time since the end of the second World War, the United States were being attacked on their own territory, without prior notice, by a non-state military force which was globally organised, for religious and ideological reasons. The terrorist attacks planned and executed by the terrorist organisation Al-Qaeda on American military and civilian targets have reconfigured (...) the international security environment. The author remarks that the security of the European continent is inextricably linked to what happens outside its external borders. Transnational organized crime, illegal human trafficking, illegal migration, traffic of drug, weapons, ammunition and portable vectors, the proliferation of illegal trade of radioactive and other "sensible" technologies, the expansion of terrorist networks – they all represent threats to the Eastern border of Romania and concern the security of the EU Eastern neighbourhood. (shrink)