Despite the enormity of the financial losses flowing from the 2008 financial crisis and the outrageousness of the conduct that led up to it, almost no individual involved has been prosecuted for criminal conduct, much less actually gone to prison. What this chapter argues is that the failure to punish those in management for their role in this misconduct stems from a misunderstanding of the need to prove that they personally knew of this wrongdoing and harbored an intent to defraud. (...) But not only would negligence be a sufficient legal and moral basis for imposing terms of imprisonment in these cases, mere causal responsibility would also be enough, for causal responsibility has embed in it all we need to find those causally responsible morally responsible too, and once some basis for moral responsibility is established, the imposition of terms of imprisonment is both legally permitted and morally just. (shrink)

The paper presents a renewed Habermasian view on transnational multi-stakeholder initiatives and assesses the institutional characteristics of the Equator Principles Association from a deliberative democracy perspective. Habermas’ work has been widely adopted in the academic literature on the political responsibilities of corporations, and also in assessing the democratic qualities of MSIs. Commentators, however, have noted that Habermas’ approach relies very much on ‘nation-state democracy’ and may not be applicable to democracy in MSIs—in which nation-states are virtually absent. We argue that (...) Habermas’ detailed conceptualization of the institutionalization of deliberative democracy can be applied to transnational MSIs if these initiatives can be said to have their own ‘dèmoi’ that can be represented in associational decision-making. Therefore, we develop a definition of the dèmos of an MSI based on the notion of collective agency. Subsequently, we explain how Habermas’ approach to democracy can be applied to MSIs and show that it has more to offer than hitherto has been uncovered. Our illustrative analysis of the EPA confirms the criticisms regarding this MSI which have recently been articulated by researchers and practitioners, but also yields new findings and possible avenues for the further development of the EPA: That is, although our assessment suggests that the EPA in its current state is still far from being a democratic MSI, the possibility of a sensible analysis of its democratic character indicates that transnational MSIs can, in principle, help to fill governance gaps in a democratic way. (shrink)

On the basis of ethnographic and historical material this article makes a comparative analysis of the relationship between public events, ceremonies and academic rituals, institutional identity, and processes of transition and power at two universities, one in Mexico and the other in South Africa. The public events examined here play a major role in imagining and bringing about political shifts within universities as well as between universities and external actors. It shows how decisive local histories and constituencies are in mediating (...) and transfiguring identity projects initiated from above. (shrink)

On the basis of ethnographic and historical material this article makes a comparative analysis of the relationship between public events, ceremonies and academic rituals, institutional identity, and processes of transition and power at two universities, one in Mexico and the other in South Africa. The public events examined here play a major role in imagining and bringing about political shifts within universities as well as between universities and external actors. It shows how decisive local histories and constituencies are in mediating (...) and transfiguring identity projects initiated from above. (shrink)

So cial re search is no lon ger fo cused on the “ob ject” of re al ity, but on and from an af fec tive space relationality in which the “ob jects” form part of the sig nif i cance and sym bol iza tion re la - tions of the sub jects that act inter-sub jec tively. In view of this co-existencial t..

Illative combinatory logic consists of the theory of combinators or lambda calculus extended by extra constants (and corresponding axioms and rules) intended to capture inference. The paper considers 4 systems of illative combinatory logic that are sound for first-order propositional and predicate calculus. The interpretation from ordinary logic into the illative systems can be done in two ways: following the propositions-as-types paradigm, in which derivations become combinators, or in a more direct way, in which derivations are not translated. Both translations (...) are closely related in a canonical way. In a preceding paper, Barendregt, Bunder and Dekkers, 1993, we proved completeness of the two direct translations. In the present paper we prove completeness of the two indirect translations by showing that the corresponding illative systems are conservative over the two systems for the direct translations. In another version, DBB (1997), we shall give a more direct completeness proof. These papers fulfill the program of Church and Curry to base logic on a consistent system of $\lambda$ -terms or combinators. Hitherto this program had failed because systems of ICL were either too weak (to provide a sound interpretation) or too strong (sometimes even inconsistent). (shrink)

Artikelen over intersubjectiviteit in ethiek, spiritualiteit en filosofie.

Recent years have witnessed major developments in philosophical inquiry concerning the nature of law and, with the growth of transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy.

Illative combinatory logic consists of the theory of combinators or lambda calculus extended by extra constants (and corresponding axioms and rules) intended to capture inference. In a preceding paper, [2], we considered 4 systems of illative combinatory logic that are sound for first order intuitionistic propositional and predicate logic. The interpretation from ordinary logic into the illative systems can be done in two ways: following the propositions-as-types paradigm, in which derivations become combinators, or in a more direct way, in which (...) derivations are not translated. Both translations are closely related in a canonical way. In the cited paper we proved completeness of the two direct translations. In the present paper we prove that also the two indirect translations are complete. These proofs are direct whereas in another version, [3], we proved completeness by showing that the two corresponding illative systems are conservative over the two systems for the direct translations. Moreover we shall prove that one of the systems is also complete for predicate calculus with higher type functions. (shrink)

Erst kommt das Leben, dann der Tod, denken viele. Doch schon das Verweilen vor einem Grab eröffnet einen Dialog, der das Band zwischen dem Vergangenen und Gegenwärtigen spürbar werden lässt: Das Band der Kommunikation zwischen den Toten und den Lebenden scheint unzerreißbar. Der Tod? der eigene und der der anderen - ist eine Kategorie des Lebens, die jeden von uns zur Auseinandersetzung zwingt.0Das Buch von Jean-Pierre Wils ist seit langer Zeit der erste, großangelegte Versuch einer Lehre vom Tod, einer Thanatologie, (...) die ein umfassendes Panorama entfaltet: Todesarten, Todesangst, Todeszeitpunkt werden zum Thema ebenso wie die Frage nach der Unsterblichkeit, dem angemessenen Trösten und den Riten der Bestattung. Angesichts des Todes kommt die Philosophie an ihre Grenze? darum holt der Autor der Philosophie eine?Weggefährtin auf der Erkundungsfahrt zum Tod? an die Seite, nämlich die Literatur. So wird das Buch zu einem einmaligen Grenzgang zwischen Philosophie und Literatur, zwischen Reflexion und Narration und beglaubigt den Satz von Saint-Exupéry:?Es wird aussehen, als wäre ich tot, und das wird nicht wahr sein.? (shrink)

Definition of the problem: Stem cell transplantations from umbilical cord blood, especially if from autologous origin, are often treated with distrust. Not only are the therapeutic effects controversial, but the question of ownership is also hard to answer from an ethical point of view. Furthermore, the extraction of umbilical cord blood is already related to information about the factual and potential health condition of the child and its parents. Arguments and conclusion: The three problems will be discussed separately. Despite certain (...) uncertainties, there are no weighty ethical arguments against the extraction of umbilical cord blood for autologous purposes. The owner of the umbilical cord blood should be the mother. The question of information is not at all typical for this problem area and does not carry more weight here than in other relevant medical situations. (shrink)

This book assembles leading legal, political, and moral philosophers to examine the legacy of the work of Ronald Dworkin. They provide the most comprehensive critical treatment of Dworkin's accomplishments focusing on his work in all branches of philosophy, including his theory of value, political philosophy, philosophy of international law, and legal philosophy. The book's organizing principle and theme reflect Dworkin's self-conception as a builder of a unified theory of value, and the broad outlines of his system can be found throughout (...) the book. The first section addresses the most abstract and general aspect of Dworkin's work--the unity of value thesis. The second section explores Dworkin's contributions to political philosophy, and discusses a number of political concepts including authority, civil disobedience, the legitimacy of states and the international legal system, distributive justice, collective responsibility, and Dworkin's master value of dignity and the associated values of equal concern and respect. The third section addresses various aspects of Dworkin's general theory of law. The fourth and final section comprises accounts of the structure and defining values of discrete areas of law. (shrink)

This paper is an exploration of the concept equal value as it applies to pay equity. Following a brief discussion of several standard objections to pay equity legislation, the paper considers a number of different criteria which are employed in determining equal value or worth. Two in particular are isolated for extended discussion: the desert and the contribution criteria. The paper concludes with a major concern about the phrase equal value to the employer. This concern becomes pressing once the desert (...) and contribution criteria are distinguished. (shrink)

The Flemish Movement was born out of the democratic and especially, the national enthusiasm of the Belgian revolution of 1830. lts purpose was the recovery of the people language in public life. Till the defeat of France in the France-German war of 1870-1871 she wanted to protect Belgium from annexation by France. The revolution of 1848 in Europe and the threat of Belgium by «the dictator» Napoleon III, reinforced its democratic character and connected it with the movement for enlargement of (...) the voting-right, for decentralization and anti-militarism. Therefore she was supported also from the Walloon patriots and democrats, especially out of the catholic party.From 1847 onwards its morale and politics which were close to the church opinion, were openly tempted by a group for whom the Flemish Movement had to have a liberal character. In that group, most of them rejected the enlargement of votingright because it would be in the interest of the catholics, and they condamned the cooperation of some liberals with the Flemish minded catholics. The introduction of the universal suffrage in 1893 led to a reinforced Flamingant agitation.She was backed upon the christian-democrat peasant- and labour movement, but did get little response in the socialist party. The interest for political action in the Flemish Movement stayed weak. (shrink)

Pure Type Systems, PTSs, introduced as a generalisation of the type systems of Barendregt's lambda-cube, provide a foundation for actual proof assistants, aiming at the mechanic verification of formal proofs. In this paper we consider simplifications of some of the rules of PTSs. This is of independent interest for PTSs as this produces more flexible PTS-like systems, but it will also help, in a later paper, to bridge the gap between PTSs and systems of Illative Combinatory Logic. First we consider (...) a simplification of the start and weakening rules of PTSs, which allows contexts to be sets of statements, and a generalisation of the conversion rule. The resulting Set-modified PTSs or SPTSs, though essentially equivalent to PTSs, are closer to standard logical systems. A simplification of the abstraction rule results in Abstraction-modified PTSs or APTSs. These turn out to be equivalent to standard PTSs if and only if a condition (*) holds. Finally we consider SAPTSs which have both modifications. (shrink)

Civil society initiatives played a key role in the increasing academic focus on poverty in mid-1960s Europe. The first generation of academic poverty researchers were able to draw on the expertise of civil society actors who, since the 1950s, had been carrying out their own research to counter a lack of scholarly interest. While the ‘rediscovery’ of poverty as a research topic in academic circles has received scholarly attention, the research efforts of their non-academic counterparts have been overlooked. Building on (...) recent work in the history of knowledge, this article focuses on poverty-related research in Belgium by both academic and non-academic knowledge producers. We assess whether and how both types of knowledge co-existed and possibly interacted. We also demonstrate how, due to a lack of academic interest in the 1950s, research on poverty in Belgium became crucial for civil society actors. From the mid-1960s onwards, the renewed academic interest in poverty facilitated interactions between established civil society researchers and academic scholars, but these interactions were complicated by a growing divergence in methods and goals. Through the lens of poverty, this article expands on our understanding of the development of research in the social sciences. (shrink)

Over the last few decades there has been a revival of interest in virtue ethics, with the emphasis on the virtuous caregiver. This paper deals with the ‘virtuous patient’, specifically the patient with End Stage Renal Disease (ESRD). We believe that a virtue approach provides insights not available to current methods of studying coping styles and coping strategies. Data are derived from seven semi-structured in-depth interviews. The transcripts of the interviews were subjected to an Interpretative Phenomenological Analysis (IPA). The focus (...) of the analysis was on ‘living well with chronic illness’. It appears that the moral challenges faced by patients with an ESRD are manifold. When they are invited to tell the story of their illness, they do not explicitly speak of virtues, but they often refer to moral qualities, and to attitudes that can be regarded as virtuous. We identify several such concepts in the narratives of patients with ESRD. We conclude that the Aristotelian model of virtue ethics is particularly descriptively (and possibly also normatively) relevant to the explanation of the life narratives and the moral challenges of patients with an ESRD. (shrink)

This paper explores the ambiguous notion of bodily integrity, focusing on male and female circumcision. In the empirical part of the study we describe and analyse the various meanings that are given to the notion of bodily integrity by people in their daily lives. In the philosophical part we distinguish (1) between a person-oriented and a body-oriented approach and (2) between four levels of interpretation, i.e. bodily integrity conceived of as a biological wholeness, an experiential wholeness, an intact wholeness, and (...) as an inviolable wholeness. We argue that bodily integrity is a prima facie principle in its own right, closely connected with, but still fundamentally different from, the principle of personal autonomy, that is, autonomy over the body. (shrink)

The Jewish religious tradition summons its adherents to save life. For religious Jews preservation of life is the ultimate religious commandment. At the same time Jewish law recognizes that the agony of a moribund person may not be stretched. When the time to die has come this has to be respected. The process of dying should not needlessly be prolonged. We discuss the position of two prominent Orthodox Jewish authorities – the late Rabbi Moshe Feinstein and Rabbi J David Bleich (...) – towards the role of life-sustaining treatment in end-of-life care. From the review, the characteristic halachic and heterogeneous character of Jewish ethical reasoning appears. The specificity of Jewish dealing with ethical dilemmas in health care indicates the importance for contemporary healthcare professionals of providing care which is sensitive to a patient’s culture and worldview. (shrink)

Studies associating interactions of 5-HTTLPR and life adversities with depression have yielded equivocal results. Studying endophenotypes may constitute a more powerful approach. In the current study, it was assessed whether interactions of 5-HTTLPR with childhood emotional abuse (CEA) and recent negative life events (RNLE) affect possible cognitive endophenotypes of depression, namely, attention-allocation bias and the ability to recognise others' mind states in 215 young adults of North-West European descent. The ability to classify others' negative mind states was found to be (...) increased with increasing RNLE in carriers of low-expressing Serotonin Transporter Linked Polymorphic Region (5-HTTLPR) alleles. Carriers of two low-expressing alleles also preferentially oriented attention towards negative information. Gene-environment interactions were not observed for attention allocation bias. No effects involving CEA were observed. These results suggest that low-expressing 5-HTTLPR alleles may confer increased risk for depression through enhanced recognition of negative facial expressions following RNLE. (shrink)