In 2018, California passed a law prohibiting the in-state sale of any pork that was raised inhumanely. This law was quickly challenged by the pork industry on the grounds that it unduly burdened interstate commerce under the Supreme Court’s Pike balancing test. In a fractured decision that pitted animal welfare concerns against the economic interests of out-of- state pork producers, the Supreme Court upheld California’s animal welfare law. Justice Neil Gorsuch, writing for a plurality of the Court, invoked a (...) common objection to Pike balancing: It requires the impossible—the balancing of incommensurable goods (here, animal welfare and economic benefits). As Justice Scalia once quipped, Pike balancing is like asking whether a particular line is longer than a particular rock is heavy. But I argue that invoking “incommensurability” as a reason to reject Pike says far too much. It implicitly weighs in on a highly contentious debate in moral theory about the incommensurability of different values. And it implies that much state legislation is arbitrary. I argue that there is a better reason to reject Pike’s balancing test. The real problem with Pike is that it undermines a state’s ability to choose among otherwise constitutionally permitted moral frameworks. Nothing about the Commerce Clause can plausibly be construed as imposing that kind of limit. (shrink)

What is a burden on interstate commerce? That’s an important question under the Dormant Commerce Clause’s Pike balancing test. But it’s a question whose answer has proven elusive. This shouldn’t be a surprise. After all, states disagree about what counts as a burden or a benefit, and how much weight each has. And there aren’t any obvious constitutional principles we can point to for resolving those disagreements. Recently, some scholars have tried to ground dormant commerce doctrine (...) in economic cost–benefit analysis. The supposed virtue of that approach is that it is neutral as to competing preferences. Thus, for the Court to subject state laws to a cost–benefit test would preserve a kind of judicial neutrality that a bald evaluative assessment would not. But cost–benefit analysis isn’t nearly as neutral as its proponents assume. Indeed, it involves a controversial, and arguably misguided, evaluative outlook that we should be hesitant to constitutionalize under the Commerce Clause. Still, I claim that there may be a limited role for Pike balancing, or something like it, in a narrow range of cases involving functional kinds with an uncontroversial telos such as trains and trucks. But even there, we should avoid the unhelpful abstraction of a “burden on interstate commerce.” Could Pike be defended as a proxy for other constitutional values? I argue that Pike fails even that test. Thus, it is far past time to retire Pike. (shrink)

This paper considers the three first clauses of the Pistiros Charter. Closely connected with each other, they show the financial privileges accorded to Greek merchants by the Thracian authorities. The third clause prohibited any annulment of debts. The second may be compared to the δίκη αργυρίου in Athens and apparently concerned inheritances, which explains the recourse to the principle of kinship. In the first we have to restore an oath "purgatoire", by which the dynast denies having received funds demanded (...) of him. The three clauses are mentioned in the final oath not to confiscate sums belonging to a living or a deceased person. The second part studies certain coins in special use in transactions between Greeks and Thracians: imitations of Thracian staters and bronze triobols from Maroneia. (shrink)

Sometimes the fact that something is the law can be justified by the law. For example, the Sarbanes-Oxley Act is the law because it was enacted by Congress pursuant to the Commerce Clause. But eventually legal justification of law ends. The ultimate criteria of validity in a legal system cannot themselves be justified by law. According to H.L.A. Hart, justification of these ultimate criteria is still available, by reference to social facts concerning official acceptance - facts about what (...) Hart calls the "rule of recognition" for the system. -/- Drawing upon criticisms of sociological accounts of the law that can be found in the writings of Hans Kelsen, I argue in this essay that Hart's approach cannot account for statements about the law that assert the independence of legal validity from rule of recognition facts. I offer as an alternative a legal quietist approach, which can account for such statements. For the quietist, legal justification exhausts the possible justification for law. If our judgments about the law are fundamental, in the sense that they cannot be justified by other judgments about the law, then they have no justification (which is not to say that they should be abandoned). I argue that legal quietism is exemplified - if somewhat imperfectly - in Kelsen's writings, and I end the essay by exploring some difficulties that the quietist approach must face. (shrink)

Although the individual mandate was upheld and the Commerce Clause may have been cabined, the decision to strike down a significant element of the “Medicaid expansion” may prove to be the most significant aspect of the Supreme Court’s decision in NFIB v. Sebelius. Under the Affordable Care Act (ACA), States were required to extend Medicaid coverage to all individuals under the age of 65 with incomes below 133 percent of the poverty line, a new “essential health benefits” package (...) was required for all new Medicaid recipients, and the increased costs due to the expansion would be entirely covered by the Federal government through 2016, with the Federal payment gradually decreasing to a minimum of 90 percent of the total cost from the expanded coverage. The element found to be unconstitutional was §1396c of the ACA, which permitted the withdrawal of all Federal Medicaid funds from those States that did not comply with the ACA’s requirements for Medicaid expansion. The effect on access to health care may be significant: roughly half of those expected to gain coverage under the ACA were going to gain it through the Medicaid expansion; it is unclear how many States will choose to opt into that expansion in the absence of §1396c.1 Additionally, the argument offered by the Court to strike down that provision might be used to attack other federal programs—concerning transportation, social services, environmental protection, and others—that have a similar structure. This paper will demonstrate that the argument rests on a theoretical mistake concerning the relationships between coercion, compulsion, and political accountability and that, further, this mistake is not one legally forced upon the Court. (shrink)

This chapter examines the right of a terminally ill cancer patient to either seek palliative care to control pain or to seek drugs that can be used to end his or her life. It considers how the U.S. Supreme Court has adjudicated the question of what power states have to enact laws that regulate drugs used to control pain and produce death, with special reference to California's Medical Marijuana Act and Oregon's Death with Dignity Act. More specifically, it asks whether (...) the individual states have the authority to permit the use of marijuana for medical purposes in the face of a federal law outlawing such use, and whether the U.S. Attorney General can prohibit the states from permitting their physicians to write prescriptions for drugs with the intent that their terminally ill patients take them to commit suicide. It also discusses the use of medical marijuana in California within the context of federalism and the Commerce Clause doctrine. Finally, it looks at Oregon's physician-assisted suicide law in relation to the Controlled Substances Act enacted by Congress. (shrink)

Since e-Commerce has become a discipline, e-Contracts are acknowledged as the tools that will assure the safety and robustness of the transactions. A typical e-Contract is a binding agreement between parties that creates relations and obligations. It consists of clauses that address specific tasks of the overall procedure which can be represented as workflows. Similarly to e-Contracts, Intelligent Agents manage a private policy, a set of rules representing requirements, obligations and restrictions, additionally to personal data that meet their user’s (...) interests. In this context, this study aims at proposing a policy-based e-Contract workflow management methodology that can be used by semantic web agents, since agents benefit from Semantic Web technologies for data and policy exchanges, such as RDF and RuleML that maximize interoperability among parties. Furthermore, this study presents the integration of the above methodology into a multi-agent knowledge-based framework in order to deal with issues related to rules exchange where no common syntax is used, since this framework provides reasoning services that assist agents in interpreting the exchanged policies. Finally, a B2C e-Commerce scenario is presented that demonstrates the added value of the approach. (shrink)

This chapter discusses federalism and, more generally, the relationship between the federal and state governments. It begins by laying out the formal, constitutional structure, and then moves on to examine the historical and cultural evolution of the federalist system, including the inexorable consolidation of political power in the federal government. It describes how states compete with each other to provide laws that are attractive to people and businesses, which has produced variations in the laws governing gambling, divorce, and corporations, among (...) many others. Finally, the chapter describes the increasing power of the federal government and recent judicial attempts to promote more state autonomy. (shrink)

Boilerplate, the fine print of standard contracts, is more prevalent than ever in commercial trade and in electronic commerce. But what is in it, beyond legal technicalities? Why is it so hard to read and why is it often so one-sided? Who writes it, who reads it, and what effect does it have? The studies in this volume question whether boilerplate is true contract. Does it resemble a statute? Is it a species of property? Should we think of it (...) as a feature of the product we buy? Does competition improve boilerplate? Looking at the empirical reality in which various boilerplates operate, leading private law experts reveal subtle and previously unrecognized ways in which boilerplate clauses encourage information flow, but also reduce it; how new boilerplate terms are produced, and how innovation in boilerplate is stifled; how negotiation happens in the shadow of boilerplate, and how it is subdued. They offer a new explanation as to why boilerplate is often so one-sided. With emphasis on empiricism and economic thinking, this volume provides a more nuanced understanding of the 'DNA' of market contracts, the boilerplate terms. (shrink)

This book answers the question of how soft factors such as corporate cultures and individual and corporate values can be transparently steered. With its C4 management tool and reflecting the seven driving forces of corporate culture, the Values Cockpit is a powerful solution designed to steer all dimensions and processes of a company, pursuing a lean approach. The book links strategic approaches on how to steer a company towards excellence with insights into the driving forces of human thoughts and actions. (...) It subsequently introduces the Values Cockpit, which allows individual corporate cultures to be developed and controlled on the basis of a rational approach. "This intriguing book breaks new ground in suggesting that values can be managed quite as systematically as any other centrally important asset" Rebecca Henderson, John and Natty McArthur Professor, Harvard University "... a deeply articulate, profoundly relevant explication of the role played by the culture of commerce... rich with actionable tools, insights and clear examples..." Richard J Hill IV, Founder, Gabriel Consulting Group, LLC "One seldom sees practical advice on HOW strong values can be automatically practiced on a daily basis by all concerned. That is what makes this remarkable book so refreshing... his book is taking the seminal findings of Jim Collins on building great companies a step further..." Julian Clarke, Chartered Accountant and Management Consultant, European Business Ethics Network Ireland "... a brilliant yet succinct guide to teach the significance of values-development in sustainable business management..." Professor Dr. Haifeng Huang, Assistant Dean, Peking University HSBC Business School, Shenzhen, China "He admirably rejects the fatalist interpretation of the immoral might of markets and replaces it with a counter-narrative of why and how companies can be part of the solution rather than part of the problem." Professor Dr. Claus Dierksmeier, Director of the Global Ethic Institute, Eberhard Karls University of Tübingen "The values cockpit gives readers a coherent and comprehensive toolkit to help them prepare their companies for lasting success." Dr. Kurt Schmalz, C.E.O and Managing Partner J. Schmalz GmbH, Glatten, Germany. (shrink)

The Euro ties the hands of the losers, roughly the Mediterranean region of the EU. They can no longer adjust to challenges of competitiveness by devaluing their national currency because there is none any more. If they need to adjust, they must do so “internally”, i. e. by depressing wages, pensions, and state (in particular welfare) expenditures, all of which is detrimental to growth, employment, and the prospects of reducing public debt through a fiscal dividend resulting from growth.

The search for a quantum theory of the gravitational field is one of the great open problems in theoretical physics. This book presents a self-contained discussion of the concepts, methods and applications that can be expected in such a theory. The two main approaches to its construction - the direct quantisation of Einstein's general theory of relativity and string theory - are covered. Whereas the first attempts to construct a viable theory for the gravitational field alone, string theory assumes that (...) a quantum theory of gravity will be achieved only through a unification of all the interactions. However, both employ the general method of quantisation of constrained systems, which is described together with illustrative examples relevant for quantum gravity. There is a detailed presentation of the main approaches employed in quantum general relativity: path-integral quantisation, the background-field method and canonical quantum gravity in the metric, connection and loop formulations. The discussion of string theory centres around its quantum-gravitational aspects and the comparison with quantum general relativity. Physical applications discussed at length include the quantisation of black holes, quantum cosmology, the indications of a discrete structure of spacetime, and the origin of irreversibility. This book will be of interest to researchers and students working in relativity and gravitation, cosmology, quantum field theory and related topics. It will also be of interest to mathematicians and philosophers of science. (shrink)

Should the Western democracies, contrary to their prevailing self-image as "planned" and "managed," be seen as highly disorganized systems of social power and political authority? If so, what are the symptoms, consequences of, and possible remedies for these disorganizing tendencies?In these ten essays, Claus Offe seeks to answer such questions. Moving beyond the boundaries of both Marxism and established forms of political sociology, he focuses on the growth of serious divisions within the work force, the importance of the "informal" sector, (...) the severe difficulties faced by trade unions in coping with the present economic crisis, the vulnerability of neocorporatist mechanisms, and the failures of state policymaking based on either majority rule or bureaucratic administration.In examining these and other fundamental problems of advanced capitalist democracies, Offe also contests some widely held assumptions of contemporary social science. He calls into question the neutrality of liberal democratic mechanisms of participation and representation, the centrality of the category of work and the division between labor and capital, and the feasibility and desirability of full employment.Claus Offe is the author of numerous books and essays, including Contradictions of the Welfare State. He is currently Professor of Political Science and Sociology in the Faculty of Sociology, University of Bielefeld, West Germany. John Keane is Senior Lecturer in Political Theory and Sociology at the Polytechnic of Central London. Disorganized Capitalism is included in the series, Studies in Contemporary German Social Thought, edited by Thomas McCarthy. (shrink)

The idea of a higher level phenomenon having a downward causal influence on a lower level process or entity has taken a variety of forms. In order to discuss the relation between emergence and downward causation, the specific variety of the thesis of downward causation (DC) must be identified. Based on some ontological theses about inter-level relations, types of causation and the possibility of reduction, three versions of DC are distinguished. Of these, the `Strong' form of DC is held to (...) be in conflict with contemporary science; the `Medium' version of DC may for instance describe thoughts constraining neurophysiological states, while the `Weak' form of DC is physically acceptable but may not in practice be a feasible description of the mind/brain or the cell/molecule relation. All forms have their specific problems, but the Medium and the Weak version seems to be most promising. (shrink)

What is life? Is it just the biologically familiar--birds, trees, snails, people--or is it an infinitely complex set of patterns that a computer could simulate? What role does intelligence play in separating the organic from the inorganic, the living from the inert? Does life evolve along a predestined path, or does it suddenly emerge from what appeared lifeless and programmatic?In this easily accessible and wide-ranging survey, Claus Emmeche outlines many of the challenges and controversies involved in the dynamic and curious (...) science of artificial life. Emmeche describes the work being done by an international network of biologists, computer scientists, and physicists who are using computers to study life as it could be, or as it might evolve under conditions different from those on earth.Many artificial-life researchers believe that they can create new life in the computer by simulating the processes observed in traditional, biological life-forms. The flight of a flock of birds, for example, can be reproduced faithfully and in all its complexity by a relatively simple computer program that is designed to generate electronic "boids." Are these "boids" then alive? The central problem, Emmeche notes, lies in defining the salient differences between biological life and computer simulations of its processes. And yet, if we can breathe life into a computer, what might this mean for our other assumptions about what it means to be alive?The Garden in the Machine touches on every aspect of this complex and rapidly developing discipline, including its connections to artificial intelligence, chaos theory, computational theory, and studies of emergence. Drawing on the most current work in the field, this book is a major overview of artificial life. Professionals and nonscientists alike will find it an invaluable guide to concepts and technologies that may forever change our definition of life. (shrink)

Contradictions of the Welfare State is the first collection of Offe's essays to appear in a single volume in English, and it contains a selection of his most important recent work on the breakdown of the post-war settlement.

This book presents programmatic texts on biosemiotics, written collectively by world leading scholars in the field (Deacon, Emmeche, Favareau, Hoffmeyer, Kull, Markoš, Pattee, Stjernfelt). In addition, the book includes chapters which focus closely on semiotic case studies (Bruni, Kotov, Maran, Neuman, Turovski). According to the central thesis of biosemiotics, sign processes characterise all living systems and the very nature of life, and their diverse phenomena can be best explained via the dynamics and typology of sign relations. The authors are therefore (...) presenting a deeper view on biological evolution, intentionality of organisms, the role of communication in the living world and the nature of sign systems - all topics which are described in this volume. This has important consequences on the methodology and epistemology of biology and study of life phenomena in general, which the authors aim to help the reader better understand. (shrink)

The vitalism/reductionism debate in the life sciences shows that the idea of emergence as something principally unexplainable will often be falsified by the development of science. Nevertheless, the concept of emergence keeps reappearing in various sciences, and cannot easily be dispensed with in an evolutionary world-view. We argue that what is needed is an ontological nonreductionist theory of levels of reality which includes a concept of emergence, and which can support an evolutionary account of the origin of levels. Classical explication (...) of emergence as “the creation of new properties” is discussed critically, and specific distinctions between various kinds of emergence are introduced for the purpose of developing an ontology of levels, framed in a materialistic and evolutionary perspective. A concept of the relation between levels as being inclusive is suggested, permitting the “local” existence of different ontologies. We identify, as a working hypothesis, four primary levels and explicate their nonhomomorphic interlevel relations. Explainability of emergence in relation to determinism and predictability is considered. Recent research in self-organizing non-linear dynamical systems represents a revival of the scientific study of emergence, and we argue that these recent developments can be seen as a step toward a final “devitalisation” of emergence. (shrink)

It is often claimed that scientists can obtain new knowledge about nature by running computer simulations. How is this possible? I answer this question by arguing that computer simulations are arguments. This view parallels Norton’s argument view about thought experiments. I show that computer simulations can be reconstructed as arguments that fully capture the epistemic power of the simulations. Assuming the extended mind hypothesis, I furthermore argue that running the computer simulation is to execute the reconstructing argument. I discuss some (...) objections and reject the view that computer simulations produce knowledge because they are experiments. I conclude by comparing thought experiments and computer simulations, assuming that both are arguments. (shrink)

The development of form in living organisms continues to challenge biological research. The concept of biological information encoded in the genetic program that controls development forms a major part of the semiotic metaphor in biology. Development is here seen in analogy to an execution of a program, written in a formal language in the computer. Other versions of the semiotic or "nature-as-language" metaphor use other formal or informal aspects of language to comprehend the specific structural relations in nature as explored (...) by molecular and evolutionary biology. This intuitively appealing complex of related ideas, which has a long history in the philosophy of nature and biology, is critically reviewed. The general nature of metaphor in science is considered, and different levels of metaphorical transfer of signification is distinguished. It is argued, that the metaphors may be of considerable value, not only heuristically, but in order to comprehend the irreducible nature of living organisms. In arguing for a semiotic perspective on living nature, it makes a marked difference whether the departure is made from the tradition of F. de Saussure´s structural linguistics or from the tradition of general semiotics of C. S. Peirce. An agenda is made for a Peircean perspective on the semiotics of nature. (shrink)

Probability plays a key role in modern physics: an international team of philosophers illuminate this role by exploring the epistemology and metaphysics of probabilities. They discuss statistical physics, probabilistic modelling, and quantum mechanics and critically assess objectivist and subjectivist views of probabilities in these fields.

If cosmology is to obtain knowledge about the whole universe, it faces an underdetermination problem: Alternative space-time models are compatible with our evidence. The problem can be avoided though, if there are good reasons to adopt the Cosmological Principle (CP), because, assuming the principle, one can confine oneself to the small class of homogeneous and isotropic space-time models. The aim of this paper is to ask whether there are good reasons to adopt the Cosmological Principle in order to avoid underdetermination (...) in cosmology. Various strategies to justify the CP are examined. For instance, arguments to the effect that the truth of the CP follows generically from a large set of initial conditions; an inference to the best explanation; and an inductive strategy are assessed. I conclude that a convincing justification of the CP has not yet been established, but this claim is contingent on a number of results that may have to be revised in the future. (shrink)

In summary, the creation and maintenance of the Wistar Rats as standardized animals can be attributed to the breeding work of Helen Dean King, coupled with the management and husbandry methods of Milton Greenman and Louise Duhring, and with supporting documentation provided by Henry Donaldson. The widespread use of the Wistar Rats, however, is a function of the ingenuity of Milton Greenman who saw in them a way for a small institution to provide service to science. Greenman's rhetoric, as captured (...) in his Director's Reports, prepared annually from 1905 until his death in 1937, shows that he was unusually sensitive to his times and to the economics of science and of society. In the era when biology was being defined, he recognized in the rat the potential to be a living analog to the pure chemicals that legitimated experimental science. From management literature he extracted the ideals of uniformity of product, standards of quality, and efficiency of production, applying them to scientific practice to generate an animal model that thrives as standard equipment in laboratories throughout the world today.I will close with a quote from Frederick W. Taylor that is a cogent statement of the contribution to science and scientific progress made by standardized tools and their creators. Equating the surgeon and the workman, Taylor wrote: [He is given] the finest implements, each one of which has been the subject of special study and development... [and] the very best knowledge of his predecessors; and, provided with standard implements and methods which represent the best knowledge of the world up to date, he is able to use his own originality and ingenuity to make real additions to the world's knowledge, instead of reinventing things which are old.Standardized tools, whether surgeons' implements or laboratory-bred rats, are one of the vehicles for carrying scientific knowledge forward from generation to generation. In this sense, Greenman's Wistar Rats have done their job, in his words, of “providing service to science.”. (shrink)

In business ethics journals, Kant’s ethics is often portrayed as overly formalistic, devoid of substantial content, and without regard for the consequences of actions or questions of character. Hence, virtue ethicists ride happily to the rescue, offering to replace or complement Kant’s theory with their own. Before such efforts are undertaken, however, one should recognize that Kant himself wrote a “virtue theory” (Tugendlehre), wherein he discussed the questions of character as well as the teleological nature of human action. Numerous Kant (...) scholars argue that Kant already erected precisely the kind of integrative moral architecture that some of his modern interpreters (while aiming to supersede him) wish to construct. For business ethics, this divergence of scholarly opinion is of crucial importance. It shows first that the standard portrayals of Kant’s ethics in business ethics textbooks—as rigidly deontological, narrowly individualistic, and hence unsuitable for the specific demands of corporate agency—might have to be revised. Second, discussions in the business ethics literature on stakeholder-engagement and managerial decision-making likewise stand to gain from a more nuanced picture of Kant’s moral philosophy. Third, a reassessment of Kant’s ethics with regard to questions of personal character and moral sentiments might also lead to a more favorable view of the relevance of his ethics for managerial practice. Last, but not least, the many current attempts to reconcile Kant’s freedom-oriented philosophy with virtue theories stand to benefit considerably from a better understanding of how Kant himself conceived of one such synthesis between the formal and substantial aspects of morality. This, ultimately, could lead to an important overlapping consensus in the academic literature as to the role and relevance of virtuous conduct in business. (shrink)

Monte Carlo simulations arrive at their results by introducing randomness, sometimes derived from a physical randomizing device. Nonetheless, we argue, they open no new epistemic channels beyond that already employed by traditional simulations: the inference by ordinary argumentation of conclusions from assumptions built into the simulations. We show that Monte Carlo simulations cannot produce knowledge other than by inference, and that they resemble other computer simulations in the manner in which they derive their conclusions. Simple examples of Monte Carlo simulations (...) are analysed to identify the underlying inferences. (shrink)

It is argued that the notion of Umwelt is relevant for contemporary discussions within theoretical biology, biosemiotics, the study of Artificial Life, Autonomous Systems Research and philosophy of biology. Focus is put on the question of whether an artificial creature can have a phenomenal world in the sense of the Umwelt notion of Jakob von Uexküll, one of the founding figures of biosemiotics. Rather than vitalism, Uexküll's position can be interpreted as a version of qualitative organicism. A historical sketch of (...) Autonomous Systems Research (ASR) is presented to show its theoretical roots and fruitful opposition to traditional AI style robotics. It is argued that these artificial systems are only partly 'situated' because they do not in the full sense of the word experience an Umwelt. A deeper understanding of truly situated autonomous systems as being a kind of complex selforganizing semiotic agents with emergent qualitative properties must be gained, not only from the broad field of theoretical biology, but also from the perspective of biosemiotics in the Uexküll tradition. The paper is thus an investigation of a new notion of autonomy that includes a qualitative aspect of the organism. This indicates that the Umwelt concept is not reducible to purely functional notions. (shrink)

As a philosopher, whose theory about economics and business is systematically connected to a moral and political philosophy, Aristotle provides a rich conceptual framework to reflect upon personal wellbeing, the wealth of households, and the welfare of the state. Even though Aristotle has mainly been portrayed as an enemy of business, interest in his teachings has been on the rise among management scholars. Several articles have examined Aristotle's position with regard to current managerial approaches such as total quality management, knowledge (...) management, crisis management, and networking. Even though Aristotle is a constant reference point for business ethics scholars, only rarely have there been attempts to see what consequences his thinking would have for reorienting business philosophy and organizational strategy. In this study, we wiD outline how Aristotle's theory of household management can be applied to the management of modern corporations. We argue that conceptions of chrematistike and oikonomia provide a basis to discuss the relationship between business and society and to draw important conclusions for business management. (shrink)

It is argued, that theory sf signs, especially in the tradition of the great philosopher Charles Sanders Peirce (1839–1914) can inspire the study of central problems in the philosophy of biology. Three such problems are considered: (1) The nature of biology as a science, where a semiotically informed pluralistic approach to the theory of science is introduced. (2) The peculiarity of the general object of biology, where a realistic interpretation of sign- and information-concepts is required to see sign-processes as immanent (...) in nature. (3) The possibility of an artificial construction of life, hereby discussed as a conceptual problem in the present form of the artificial life project and its implied definition of life. (shrink)

Today’s globalized economy cannot be governed by legal strictures alone. A combination of self-interest and regulation is not enough to avoid the recurrence of its systemic crises. We also need virtues and a sense of corporate responsibility in order to assure the sustained success of the global economy. Yet whose virtues shall prevail in a pluralistic world? The moral theory of Thomas Aquinas meets the present need for a business ethics that transcends the legal realm by linking the ideas of (...) justice and virtue in an ingenious way. While allowing for, and incorporating, the specificities of region and religion, industry and culture, Thomas’s virtue theory coordinates private and public activities through a set of context-invariant, justice-oriented norms with conceptual appeal to contemporary questions of global business ethics.In our article, we first sketch how Aquinas’s theory can be also of relevance to a non-confessional audience through its appeal to the ‘natural light of reason.’ Then we explain how his theory of ‘natural law’ aligns his ideas of virtue and justice. From this vantage point, we address the tension between cultural diversity and moral uniformity in the economic sphere in general and in today’s globalized business world in particular. Throughout the article, we aim to show that by interpreting the virtue-dimension of business in light of the idea of social justice, Aquinas’s conception of virtuous business conduct gains inter-personal and inter-cultural validity that establishes social justice as the global virtue of business. (shrink)

1Center for the Philosophy of Nature and Science Studies, Blegdamsvej 17, DK-2100 Copenhagen, Denmark. Published pp. 117-124 in: Mark Bedeau, Phil Husbands, Tim Hutton, Sanjev Kumar and Hideaki Suzuki : Workshop and Tutorial Proceedings. Ninth International Conference on the Simulation and Synthesis of Living Systems.

This article pursues the question whether and inasmuch theories of corporate responsibility are dependent on conceptions of managerial freedom. I argue that neglect of the idea of freedom in economic theory has led to an inadequate conceptualization of the ethical responsibilities of corporations within management theory. In a critical review of the history of economic ideas, I investigate why and how the idea of freedom was gradually removed from the canon of economics. This reconstruction aims at a deconstruction of certain (...) axioms of neoclassical economics that hamper contemporary efforts in integrating ethics firmly into management education. I intend to show by these deconstructive endeavors that a constructive use of the idea of responsible freedom could correct and complement the current quantitative focus in business theory through qualitative orientations. I argue that with the help of qualitative success criteria, the strategic integration of the tenets of both business ethics and Corporate Social Responsibility into business practice can be advanced by further research. (shrink)

Zu den wenigen unumstößlichen Gewissheiten in der Philosophiegeschichtsschreibung zählt die Lehrmeinung, Descartes sei der Ahnherr des philosophischen Rationalismus, also einer Philosophie, die der sinnlichen Erkenntnis misstraue und einzig aus von der Vernunft intuitiv erkannten ersten Prinzipien alle weiteren Kenntnisse mit mathematischer Sicherheit deduziere. Die Anschauung habe seither als eigenständiges Erkenntnisorgan ausgedient, Bilder wurden in der Philosophie liquidiert. Schaut man jedoch nicht nur in die wenigen Texte, auf denen das klassische Descartes-Bild basiert, stellt man mit Verwunderung fest, dass Descartes weit mehr (...) als jeder andere Philosoph der Frühen Neuzeit Bilder zur Unterstützung seiner Argumentationen eingesetzt hat. Diese Bilder sind weitgehend unbekannt. Ausgehend von Descartes' ästhetischer Frühphilosophie, werden in der vorliegenden Arbeit zunächst die rhetorischen Muster und kognitiven Ansprüche von Descartes' Metaphern und der Traumerzählung analysiert. Vor diesem Hintergrund werden dann die Entwicklungen und Transformationen ästhetischer Konzepte in ihrer jeweiligen Funktion für seine Naturphilosophie aufgezeigt. Descartes legt u. a. seine Schriften als Schule des Sehens an und versucht, die Imagination des Lesers zu kontrollieren und zugleich Naturphänomene bildhaft zu konzeptualisieren. Die Modi der Erfahrung und die Weisen der Erklärung werden durch die Bilder erweitert und neu konzipiert. Dadurch verändert und erweitert sich nicht zuletzt auch Descartes' Verständnis von Deduktion und Methode. In manchen Fällen lässt sich sogar zeigen, dass die Abbildungen die Argumentationen Descartes nicht nur unterstützten, sondern sogar erst ermöglichen. (shrink)

Cultures and moral expectations differ around the globe, and so the management of corporate responsibilities has become increasingly complex. Is there, however, a humanistic consensus that can bridge cultural and ethnic divides and reconcile the diverse and contrary interests of stakeholders world-wide? This book seeks to answer that question.

The nature of attention is one of the oldest and most central problems in psychology. A huge amount of research has been produced on this subject in the last half century, especially on attention in the visual modality, but a general explanation has remained elusive. Many still view attention research as a field that is fundamentally fragmented. This book takes a different perspective and presents a unified theory of visual attention: the TVA model. The TVA model explains the many aspects (...) of visual attention by just two mechanisms for selection of information: filtering and pigeonholing. These mechanisms are described in a set of simple equations, which allow TVA to mathematically model a large number of classical results in the attention literature. The theory explains psychological and neuroscientific findings by the same equations; TVA is a complete theory of visual attention, linking mind and brain. Aimed at advanced students and professional researchers, Principles of Visual Attention contains a detailed review of the most important research done on attention in vision, spanning cognitive psychology, brain imaging, patient studies, and recordings from single cells in the visual cortex. The book explains the TVA model and shows how it accounts for attentional effects observed across all the research areas described. Principles of Visual Attention offers a uniquely integrated view on a central topic in cognitive neuroscience. (shrink)

If we are to constrain our place in the world, two principles are often appealed to in science. According to the Copernican Principle, we do not occupy a privileged position within the Universe. The Cosmological Principle, on the other hand, says that our observations would roughly be the same, if we were located at any other place in the Universe. In our paper we analyze these principles from a logical and philosophical point of view. We show how they are related, (...) how they can be supported and what use is made of them. Our main results are: 1. There is a logical gap between both principles insofar as the Cosmological Principle is significantly stronger than the Copernican Principle. 2. A step that is often taken for establishing the Cosmological Principle on the base of the Copernican Principle and observations is not incontestable as it stands, but can be supplemented with a different argument. 3. The Cosmological Principle might be crucial for cosmology to the extent it is not supported by empirical evidence. (shrink)

Ludwik Fleck is a pioneer of the contemporary social constructionist trend in scientific theory, where his central concept of thinking style has become standard fare. Yet the concept is too often misunderstood and simplified with serious consequences not only for Fleck studies. My essay situates Fleck’s concept of thinking style in the historical context of the 1920s and ‘30s, when the notion of style was first applied to the natural sciences, in order to illustrate the uniqueness of Fleck’s concept among (...) the uses of style by his contemporaries and, finally, to examine the epistemological, methodological, and political consequences of this distinction. (shrink)

Im vierten Band der Ausgewählten Schriften von Claus Offe sind demokratietheoretische Aufsätze aus fünf Dekaden zusammengestellt, die sich mit dem Spannungsverhältnis zwischen den organisierten Konfliktgruppen kapitalistischer Gesellschaften und den Institutionen der liberalen Demokratie befassen. Dabei geht es um die strategischen Akteure und ihre Interessen und Identitäten, die auf der "Eingabeseite" demokratischer Politik deren Tagesordnung wie ihre Verhandlungs- und Entscheidungsergebnisse bestimmen. Ebenso geht es um das politische Beteiligungsverhalten von Bürgern und die Symptome einer prekären Legitimität, die sich trotz des vermeintlichen Universalismus (...) von Gleichheit politischer Rechte und Mehrheitsprinzip unverkennbar abzeichnen. In einem abschließenden Teil des Bandes erörtert der Verfasser verzerrende Formen der Bildung und Messung des "Volkswillens" sowie Möglichkeiten, ihn durch deliberative Verfahren und Institutionen zu rationalisieren. (shrink)

The individual and social formation of a human self, from its emergence in early childhood through adolescence to adult life, has been described within philosophy, psychology and sociology as a product of developmental and social processes mediating a linguistic and social world. Semiotic scaffolding is a multi-level phenomenon. Focusing upon levels of semiosis specific to humans, the formation of the personal self and the role of friendship and similar interpersonal relations in this process is explored through Aristotle’s classical idea of (...) the friend as ‘another self’, and sociologist Margaret Archer’s empirical and theoretical work on the interplay between individual subjectivity, social structure and interpersonal relations in a dynamics of human agency. It is shown that although processes of reflexivity and friendship can indeed be seen as instances of semiotic scaffolding of the emerging self, such processes are heterogeneous and contingent upon different modes of reflexivity. (shrink)

The evolutionary emergence of biological processes in organisms with inner, qualitative aspects has not been explained in any sufficient way by neurobiology, nor by the traditional neo-Darwinian paradigm — natural selection would appear to work just as well on insentient zombies (with the right behavioral input-output relations) as on real sentient animals. In consciousness studies one talks about the ‘hard problem’ of qualia. In this paper I sketch a set of principles about sign action, causality and emergent evolution. On the (...) basis of these principles, I characterize a concept of cause that would allow for a naturalistic explanation of the origin of consciousness. The suggested account of causation also turns the ‘hard problem’ of qualia into the easier problem of relating experimental biology to experiential biology. (shrink)