Normative thinking about addiction has traditionally been divided between, on the one hand, a medical model which sees addiction as a disease characterized by compulsive and relapsing drug use over which the addict has little or no control and, on the other, a moral model which sees addiction as a choice characterized by voluntary behaviour under the control of the addict. Proponents of the former appeal to evidence showing that regular consumption of drugs causes persistent changes in the brain structures (...) and functions known to be involved in the motivation of behavior. On this evidence, it is often concluded that becoming addicted involves a transition from voluntary, chosen drug use to non-voluntary compulsive drug use. Against this view, proponents of the moral model provide ample evidence that addictive drug use involves voluntary chosen behaviour. In this paper we argue that although they are right about something, both views are mistaken. We present a third model that neither rules out the view of addictive drug use as compulsive, nor that it involves voluntary chosen behavior. -/- . (shrink)

There have been different interpretations of satisficing rationality. A common view is that it is sometimes rationally permitted to choose an option one judges is good enough even when one does not know that it is the best option. But there is available a more radical view of satisficing. On this view, it is rationally permitted to choose an option one judges is good enough even when a better option is known to be available. In this paper I distinguish between (...) two possible interpretations of ‘genuine’ satisficing, a de re and a de dicto interpretation. I then argue that while de re genuine satisficing is always irrational, de dicto genuine satisficing might be rationally permissible. In fact, de dicto genuine satisficing does not appear to be covered by existing accounts of satisficing behaviour. (shrink)

Deliberation incompatibilism is the view that an agent being rational and deliberating about which of (mutually excluding) actions to perform, is incompatible with her believing that there exist prior conditions that render impossible the performance of either one of these actions. However, the main argument for this view, associated most prominently with Peter van Inwagen, appears to have been widely rejected by contemporary authors on free will. In this paper I argue first that a closer examination of van Inwagen's argument (...) shows that the standard objections are based on a misunderstanding of the notion of ‘deliberation’ presupposed in this argument. Second, I attempt to strengthen the case for deliberation incompatibilism by offering a different argument in its support. (shrink)

Does addiction to heroin undermine the voluntariness of heroin addicts' consent to take part in research which involves giving them free and legal heroin? This question has been raised in connection with research into the effectiveness of heroin prescription as a way of treating dependent heroin users. Participants in such research are required to give their informed consent to take part. Louis C. Charland has argued that we should not presume that heroin addicts are competent to do this since heroin (...) addiction by nature involves a loss of ability to resist the desire for heroin. In this article, I argue that Charland is right that we should not presume that heroin addicts are competent to consent, but not for the reason he thinks. In fact, as Charland's critics correctly point out, there is plenty of evidence showing that heroin addicts can resist their desire for heroin. These critics are wrong, however, to conclude from this that we should presume that heroin addicts are competent to give their voluntary consent. There are, I shall argue, other conditions associated with heroin addiction that might constrain heroin addicts' choice in ways likely to undermine the voluntariness of their consent. In order to see this, we need to move beyond the focus on the addicts' desires for heroin and instead consider the wider social and psychological circumstances of heroin addiction, as well as the effects these circumstances may have on the addicts' beliefs about the nature of their options. (shrink)

In his target article and recent interesting book about addiction and the brain, Marc Lewis claims that the prevalent medical view of addiction as a brain disease or a disorder, is mistaken. In this commentary we critically examine his arguments for this claim. We find these arguments to rest on some problematical and largely undefended assumptions about notions of disease, disorder and the demarcation between them and good health. Even if addiction does seem to differ from some typical brain diseases, (...) we believe contrary to Lewis, that there are still good reasons to maintain its classification as a mental or behavioral disorder. (shrink)

An important philosophical issue in the study of addiction is what difference the fact that a person is addicted makes to attributions of autonomy (and responsibility) to their drug-oriented behavior. In spite of accumulating evidence suggesting the role of emotional dysregulation in understanding addiction, it has received surprisingly little attention in the debate about this issue. I claim that, as a result, an important aspect of the autonomy impairment of many addicted individuals has been largely overlooked. A widely shared assumption (...) in the philosophical literature is that for addiction to impair a person’s autonomy it has to make them (in some sense) take drugs against their will. So-called “willing addicts” are therefore usually seen as exempted from the autonomy impairment believed to characterize “unwilling addicts”, the latter being those who ‘truly want’ to stop using drugs but find their attempts repeatedly derailed by failures of self-control. In this article, I argue that the association between addiction and emotional dysregulation shows why this assumption is false. Emotional dysregulation is not only consistent with the possibility that many addicts take drugs ‘willingly’, it supports the hypothesis that they use drugs because they truly want to. The article proposes an explanation for why emotional dysregulation should nevertheless be seen as an aspect of their loss of control and an important reason why they have impaired autonomy. I end by exploring some implications of this account for addict’s decision-making capacity when they are prescribed the drugs to which they are addicted. -/- . (shrink)

How should addictive behavior be explained? In terms of neurobiological illness and compulsion, or as a choice made freely, even rationally, in the face of harmful social or psychological circumstances? Some of the disagreement between proponents of the prevailing medical models and choice models in the science of addiction centres on the notion of “loss of control” as a normative characterization of addiction. In this article I examine two of the standard interpretations of loss of control in addiction, one according (...) to which addicts have lost free will, the other according to which their will is weak. I argue that both interpretations are mistaken and propose therefore an alternative based on a dual-process approach. This alternative neither rules out a capacity in addicts to rationally choose to engage in drug-oriented behavior, nor the possibility that addictive behavior can be compulsive and depend upon harmful changes in their brains caused by the regular use of drugs. (shrink)

It is common to think of addiction as involving behavior which in some sense is ?out of control.? But does this mean addictive actions occur because of compulsion or because of ordinary weakness of will? Many philosophers argue that addictive actions occur because of weakness of will, since there is plenty of evidence suggesting that they are not caused by irresistible desires. In fact, addicts seem, in general, to perform these actions freely in the sense of having the ability to (...) refrain from doing so. In this paper I argue, first, that it is not the addiction-as-compulsion view that is mistaken, but rather the view that irresistible desires are a defining feature of compulsion. Second, drawing on some results in addiction neuroscience, I construct and defend a new analysis of compulsivity that distinguishes addictive from weak-willed actions in a way that is consistent with the view that addictive actions are performed freely. (shrink)

In an earlier article in this journal I argued that the question of whether heroin addicts can give voluntary consent to take part in research which involves giving them a choice of free heroin does not – in contrast with a common assumption in the bioethics literature – depend exclusively on whether or not they possess the capacity to resist their desire for heroin. In some cases, circumstances and beliefs might undermine the voluntariness of the choices a person makes even (...) if they do possess a capacity for self-control. Based on what I took to be a plausible definition of voluntariness, I argued that the circumstances and beliefs typical of many vulnerable heroin addicts are such that we have good reasons to suspect they cannot give voluntary consent to take part in such research, even assuming their desire for heroin is not irresistible. In a recent article in this journal, Uusitalo and Broers object to this on the grounds that I misdescribe heroin addicts' options set, that the definition of voluntariness on which I rely is unrealistic and too demanding, and, more generally, that my view of heroin addiction is flawed. I think their arguments derive from a misunderstanding of the view I expressed in my article. In what follows I hope therefore to clarify my position. (shrink)

What is self-control and how does the concept of self-control relate to the notion of will-power? A widespread philosophical opinion has been that the notion of will-power does not add anything beyond what can be said using other motivational notions, such as strength of desire and intention. One exception is Richard Holton who, inspired by recent research in social psychology, has argued that will-power is a separate faculty needed for persisting in one's resolutions, what he calls 'strength of will'. However, (...) he distinguishes strength of will from self-control. In this paper I argue that will-power is essential also to a certain form of self-control. I support this claim by arguments showing that the traditional philosophical accounts of self-control run into difficulties because they pay insufficient attention to will-power as an independent source of motivation. (shrink)

Some authors have argued that, in order to give an account of weakness of the will, we must assume that the mind is divisible into parts. This claim is often referred to as the partitioning claim. There appear to be two main arguments for this claim. While the first is conceptual and claims that the notion of divisibility is entailed by the notion of non-rational mental causation (which is held to be a necessary condition of weakness of the will), the (...) second is explanatory and claims that the notion of divisibility is required for the causal explanation of weak-willed action. In this paper I want to argue that the partitioning claim remains unsupported, no matter how it is interpreted, and that weakness of the will can be made perfectly good sense of without the idea that the mind is divisible into parts. In fact, there are available various explanatory models each of which characterizes different psychological mechanisms that may be involved in weakness of will, none of which depends on any claims about mental division. I describe three familiar mechanisms and argue that weakness of will may occur as the result of any one of them. (shrink)

Impairment of self-control is often said to be a defining feature of addiction. Yet many addicts display what appears to be a considerable amount of control over their drug-oriented actions. Not only are their actions clearly intentional and frequently carried out in a conscious and deliberate manner, there is evidence that many addicts are responsive to a wide range of ordinary incentives and counter-incentives. Moreover, addicts have a wide variety of reasons for using drugs, reasons which often seem to go (...) a long way towards explaining their drug-oriented behavior. Many use drugs, for example, to cope with stressful or traumatic experiences. In this article I argue that some standard philosophical explanations of addicts’ impairment of self-control are inadequate, and propose an alternative. (shrink)

Suppose an agent has made a judgement of the form, 'all things considered, it would be better for me to do a rather than b (or any range of alternatives to doing a)' where a and b stand for particular actions. If she does not act upon her judgement in these circumstances would that be a failure of rationality on her part? In this paper I consider two different interpretations of all things considered judgements which give different answers to this (...) question, one suggested by Donald Davidson, the other by Paul Grice and Judith Baker. I argue that neither interpretation is adequate. However, a third interpretation that combines features of the Grice/Baker view with the Davidsonian view is possible. In the final section of the paper I defend this interpretation against two objections. (shrink)

The problem of weakness of the will is often thought to arise because of an assumption that freely, deliberately and intentionally doing something must correspond to the agent's positive evaluation of doing that thing. In contemporary philosophy, a very common response to the problem of weakness has been to adopt the view that free, deliberate action does not need to correspond to any positive evaluation at all. Much of the support for this view has come from the difficulties the denial (...) of it has been thought to give rise to, both with respect to giving an account of weakness, as well as explaining the future-directed nature of intentions. In this paper I argue that most of these difficulties only arise for one particular version of the view that free, deliberate action must correspond to a positive evaluation, a version associated with Donald Davidson's account of weakness. However, another version of this view is possible, and I argue that it escapes the standard objections to the Davidsonian account. (shrink)

Providing heroin to heroin addicts taking part in medical trials to assess the effectiveness of the drug as a treatment alternative, breaches ethical research standards, some ethicists maintain. Heroin addicts, they say, are unable to consent voluntarily to take part in these trials. Other ethicists disagree. In our view, both sides of the debate have an inadequate understanding of voluntariness. In this article we therefore offer a fuller conception, one which allows for a more flexible, case-to-case approach in which some (...) heroin addicts are considered capable of consenting voluntarily, others not. An advantage of this approach, it is argued, is that it provides a safety net to minimize the risk of inflicting harm on trial participants. (shrink)

A familiar objection to restrictive consequentialism is that a restrictive consequentialist is incapable of having true friendships. In this paper I distinguish between an instrumentalist and a non-instrumentalist version of this objection and argue that while the restrictive consequentialist can answer the non-instrumentalist version, restrictive consequentialism may still seem vulnerable to the instrumentalist version. I then suggest a consequentialist reply that I argue also works against this version of the objection. Central to this reply is the claim that a restrictive (...) consequentialist is capable of true friendship if the value she aims for is not merely seen as a function of her self-regarding desires, but includes as a central constituent a form of objective value often referred to as 'flourishing' or 'self-realization'. (shrink)

Edmund Husserl is the founder of phenomenology and the Logical Investigations is his most famous work. It had a decisive impact on twentieth century philosophy and is one of few works to have influenced both continental and analytic philosophy. This is the first time both volumes have been available in paperback. They include a new introduction by Dermot Moran, placing the Investigations in historical context and bringing out their contemporary philosophical importance. These editions include a new preface by Sir (...) Michael Dummett. (shrink)

It is an orthodoxy of modern political thought that violence is morally incompatible with politics, with the important exception of the permissible violence carried out by the state. The “commonsense argument” for permissible political violence denies this by extending the principles of defensive ethics to the context of state-subject interaction. This article has two aims: First, I critically investigate the commonsense argument and its limits. I argue that the scope of permissions it licenses is significantly more limited than its proponents (...) allow. Second, I develop an alternative (and supplementary) framework for thinking about permissible political violence. I argue that under certain circumstances, subjects may violently protest their treatment, where protest is understood as an expression of rejection of those circumstances. On my view, protest, including violent protest, is permissible when it is the fitting response to those circumstances. This alternative framework accounts for an important class of cases of intuitively permissible political violence, including cases in which such violence does not serve strategic political ends or is even counterproductive towards those ends. (shrink)

Not the publicly asserted reasons (humanitarianism and self-defense) but cooptation of oil reserves was the objective behind the US invasion of Iraq in 2003. This underlying motive utterly fails to satisfy just war jus ad bellum conditions. This prioritization of petroleum is well documented and is consistent with decades old US policy towards the Middle East, especially as codified by Anthony Cordesman in 1998 and US DoD's Strategic Assessment 1999 and then adopted by Bush II. This fraudulent use of military (...) force raises a question as to how motives for war can be accurately identified prior to falsely justified belligerence. Some positive signs are noted herein as to political philosophers' better use of Rawls's reflective equilibrium. (shrink)

In this paper I will argue that our own society's philosophy of death and dying has a largely negative effect on public policies towards the elderly, and that these policies will be changed for the better when and if we come to appreciate our elderly as the principal sources of our collective wisdom. Towards these ends, I shall consider in turn some basic types of theories about death, some basic attitudes towards dying and the duration of dying, some models of (...) aging as they affect and/or embody attitudes towards old age, and finally the place of creative expansion in one's advanced years. (shrink)

-/- This article was first published in Technology and Contemporary Life, Philosophy and Technoloy vol. IV, ed. Paul T. Durbin, Dordrecht/Boston: D. Reidel, 1988, pp. 63-85.

A critique of the prediction that technology will end humans' direct involvement in work. Contentions: a workless world is not without qualification desirable; it is not attainable by technology alone; the end sought does not in and by itself justify present job ending applications. Underlying these contentions: a claim that utopian visions with regard to work function as ideologies. Evidence for this claim derived from revisiting past non-industrial and industrial fantasies regarding a work-free utopia.

Law and technology , though not equivalent, are intertwined at every phase of a technology's "career." Any technology is directly or indirectly social, and as such becomes a target of regulation intrinsically or in relation to other technologies which it supports or opposes. Competing interests influence major decisions as to which technologies are encouraged or discouraged, heavily regulated or not, banned or not. Examples considered range from bounties to fuel, communication, and transportation preferences.

Business ethicists should examine not only business practices but whether a particular type of business is even prima facie ethical. To illustrate how this might be done I here examine the contemporary U.S. defense industry. In the past the U.S. military has engaged in missions that arguably satisfied the just war self-defense rationale, thereby implying that its suppliers of equipment and services were ethical as well. Some recent U.S. military missions, however, arguably fail the self-defense rationale. At issue, then, is (...) whether a business supporting these latter missions may not be circumstantially unethical. No it is not, say defense industry advocates, for two principal reasons. For one, this business benefits society at large in numerous ways. And, for another, the organizer of these military missions is a superpower which by its very nature is not subject to the ethical constraints of the self-defense rationale. I dispute both reasons, argue against the second, and conclude that the U.S. military-industrial complex (MIC) is circumstantially unethical. (shrink)

Corporate social responsibility (CSR) has become a focal point for research aimed at extending business ethics to extra-corporate issues; and as a result many companies now seek to at least appear dedicated to one or another version of CSR. This has not affected the arms industry, however. For, this industry has not been discussed in CSR literature, perhaps because few CSR scholars have questioned this industry's privileged status as an instrument of national sovereignty. But major changes in the organization of (...) political communities call traditional views of sovereignty into question. With these considerations in mind I assess the U.S. arms industry on the basis of CSR requirements regarding the environment, social equity, profitability, and use of political power. I find that this industry fails to meet any of these four CSR requirements. Countering a claim that these failings should not be held against arms manufacturers because their products are crucial to national defense, I contend that many of these companies function not as dutiful agents of a nation-state but as politically powerful entities in their own right. So, I conclude, they should be held responsible for the foreseeable consequences that flow from use of their products. This responsibility should include civil liability and, in cases involving war crimes and violations of human rights, responsibility under international human rights standards. (shrink)

What sort of connection is there between business ethics and philosophy? The answer given here: a weak one, but it may be getting stronger. Comparatively few business ethics articles are structurally dependent on mainstream academic philosophy or on such sub-specialities thereof as normative ethics, moral theory, and social and political philosophy. Examining articles recently published in the Journal of Business Ethics that declare some dependence, the author finds that such declarations often constitute only a pro forma gesture which could be (...) omitted without detriment to the paper's content and conclusions. He also finds, however, that some authors do draw on solid philosophical work in ways that are establishing ever more meaningful interconnections between business ethics and academic philosophy. These cross-disciplinary studies, he concludes, are ground-breaking and invite creative imitation. (shrink)

Obituary of an American philosopher born in Latvia. Family fled Russians, migrated to Milwaukee. John became first non-identical twin to receive a kidney transplant, wrote about new technology.

[ES] En este breve trabajo, se presenta una edición bilingüe de Is Justified True Belief Knowledge?, de Edmund L. Gettier, donde se presentan contraejemplos a la definición de «conocimiento» como «creencia verdadera justificada». [ES] In this brief text, a bilingual edition of Is Justified True Belief Knowledge?, by Edmund L. Gettier, some counterexamples are presented to the definition of «knowledge» as «justified true belief».

Business ethics should include illicit businesses as targets of investigation. For, though such businesses violate human rights they have been largely ignored by business ethicists. It is time to surmount this indifference in view of recent international efforts to define illicit businesses for regulatory purposes. Standing in the way, however, is a meta-ethical question as to whether any business can be declared unqualifiedly immoral. In support of an affirmative answer I address a number of counter-indications by comparing approaches to organized (...) crime and to corporate crime, comparing the ethical critique of businesses studied in business ethics and those socially banned, and comparing the business ethics assumption as to businesses’ ethicality to societal ethical neutrality regarding war-related businesses. My conclusion: to help advance respect for human rights, business ethicists should apply their expertise to the task of defining illicit businesses. (shrink)

A complimentary assessment of Blum's award-winning book about racism and its affects. Well written as it is, it needs to be supplemented with a definition of racial injustice, and also to analyze racism not only on the level of individual morality but from a human rights perspective that discredits political and economic motives for racism (e.g., by drawing on Hannah Arendt's Origins of Totalitarianism).

As a way of identifying factors that come into play in determining responsibility for displaced workers, author reviews a number of well known arguments for or against responsibility on the part of diverse actors in society. Key figures in this search for responsibility are corporations, unions, and government. No definitive responsibility is asserted.

Theorists and activists favor empowering government agencies to regulate technology; but an examination of such regulation by the US government exposes the inadequacy of any such regimen. Vested interests routinely interfere, e.g., keeping administration of polio vaccine in the hands of physicians, political infighting with regard to cancer research funding, advantages gained from noncompliance with military technology-constraining treaties. Public/private salary differences limit availability of the best talents for government positions, nor are truly appropriate regulatory policies easily arrived at in the (...) absence of meaningful funding. Solutions such as a Science Court are unreliable given the influences that would undermine neutrality as well as competence. (shrink)

[Collection title in Polish: Prace Naukoznawcze i Prognostvczne].

Author argues that an emerging interest group, especially one that seeks to reverse past discrimination against its predecessors in the public arena, is entitled to enhanced consideration as a means of achieving long denied but merited rights. First this thesis is defended by identifying both practical need and theoretical support for emerging interest groups. Then these findings are applied specifically to the rights of women as an emerging interest group. (Publisher left off last word of title: 'Groups'.).

Businesses cause social harm, meaning harm to society at large and not just to those with whom a business is contractually linked. Evidence introduced: normative claims that businesses should be "socially responsible"; positive claims that they contribute to social well-being; and negative claims that they are sometimes military-like, causing extensive harm for which no one is held personally responsible. The latter point to corporate survivalism, which acknowledges no mandatory civil responsibilities. Neither law nor social pressure has yet counteracted this mind (...) set. Business ethics might, but not if its practitioners examine only narrowly contractual relationships. (shrink)

-/- [Posted here is article as originally published (same title) in ALSA Forum VI (1982) pp. 1-17 plus rebuttal by Thomas D. Barton, pp. 18-22].

An adequate philosophy of technology will not stop with knowledge-claim considerations, like traditional philosophy of science, but will address public policy issues, as is done regarding science via science policy studies. Technology is not merely "applied science" but generates attention to normative issues engendered by technologies. Philosophers of technology can find support for such normative concerns in studies of the value impact of applying science, e.g., those of Radnitzky, Ravetz and Mumford, and such organizations as the Club of Rome.

Emergent technologies are undermining both decisional privacy (intimacy) and informational privacy. Regarding the former consider, e.g., technical intrusions on burglar alarms and telephone calls. Regarding the latter consider how routinely technologies enable intrusion into electronic data processing (EDP) in spite of government efforts to maintain control. These efforts are uneven among nations thus inviting selective choice of a data storage country. Deregulation of telecommunications and assigning operators First Amendment rights invites multiple efforts to profit from preferential treatment of multiple competitors.

Dewey's instrumentalist approach to problem-solving stressed social organization; and under this umbrella he included unionization. First part of this article: his active involvement in and support for the union movement summarized. Second part: his theoretical defense of unions is addressed, especially as to "democratic liberalism" and its implementation in the fabric of society. Third part: a brief account of the current status of unions in universities.

Instead of the question, ‘do we have an obligation to obey the law?,’ we should first ask the more modest question, ‘do we have reasons to obey the law?’ This paper offers a new account of the notion of the content-independence of legal reasons in terms of the grounding relation. That account is then used to mount a defense of the claim that we do indeed have content-independent moral reasons to obey the law (because it is the law), and that (...) these reasons, very plausibly, often amount to an obligation to so act. (shrink)

In anticipation of an imminent "robot revolution," data-based answers are given to these questions: what is a robot; what impact will robots have on the work force; and what can we do about displaced workers?

Many scholars and activists favor banning illicit businesses, especially given that such businesses constitute a large part of the global economy. But these businesses are commonly operated as if they are subject only to the ethical norms their management chooses to recognize, and as a result they sometimes harm innocent people. This can happen in part because there are no effective legal constraints on illicit businesses, and in part because it seems theoretically impossible to dispose definitively of arguments that support (...) moral relativism. Progress is being made, however, towards a “second best” arrangement consisting of widespread institutional agreements regarding ethical norms. This development might eventually enable us to transcend moral relativism in some respects. Indeed, although some business ethicists who examine illicit business practices accept moral relativism, others attempt to surmount it. The latters’ endeavor, I show, is cross-cultural in nature in that it involves businesses that are deemed illicit in at least one but not every culture. I then recall some traditional solutions and their limits: ideological teachings are culture-specific, hence both temporally and spatially limited; legal constraints, though potentially helpful, are too diverse hence often narrow in reach. Especially problematic are defense industry businesses, which are inherently transcultural and, though uniquely harmful, are not effectively banned in any culture. Harm to quality of life (QoL) can, however, be measured. So I recommend institutional support for international human rights tied to QoL data as a workable way to counter moral relativism regarding illicit businesses. (shrink)

After the 9/11 attacks the U.S. administration went beyond emergency response towards imperialism, but cloaked its agenda in the rhetoric of fighting ‘terrorists’ and ‘terrorism.’ After distinguishing between emergency thinking and emergency planning, I question the administration’s “war on terrorism” rhetoric in three stages. First, upon examining the post-9/11 antiterrorism discourse I find that it splits into two agendas: domestic, protect our infrastructure; and foreign, select military targets. Second, I review approaches to emergency planning already in place. Third, after reviewing (...) what philosophers have said about emergencies, I recommend they turn their attention to the biases inherent in and misleading uses of antiterrorist terminology. (shrink)

Some 120,000 priests have left the Catholic Church in the past 60 years, a third of these in the United States. This book is a personal account of the life of a man who left the priesthood and transitioned into a successful career as an academic. His case illustrates the reasons for leaving that are fairly typical. But above and beyond these it details some deeper systemic problems that he encountered first in the religious realm and then in the secular (...) world into which he moved. Most of these emanate from disparate views about appropriate exercise of authority. Enhancing the story are some poems and a few career pertinent writings by the author. (shrink)

Business ethicists should examine ethical issues that impinge on the perimeters of their specialized studies (Byrne 2011 ). This article addresses one peripheral issue that cries out for such consideration: the international resource privilege (IRP). After explaining briefly what the IRP involves I argue that it is unethical and should not be supported in international law. My argument is based on others’ findings as to the consequences of current IRP transactions and of their ethically indefensible historical precedents. In particular I (...) examine arguments from political philosophy for more equitable distribution of resources and appeals to property rights as a means of achieving this; business ethicists’ critiques of contemporary resource appropriations; and legal historians’ accounts of despoliation of aboriginal peoples, especially in what is now the United States, involving acquisition via conquest, asserted jurisdiction, and religious and racial preeminence. I also consider relevant human rights’ standards; supportive views of some theorists, especially early modern realists and current supporters of group rights and multidimensional rectification; some de facto incidences of substantive restitution; and proposals for effecting further rectification. (shrink)

Some progress has been made in recent decades to articulate corporate social responsibility (CSR) and, more recently, to associate CSR with international enforcement of human rights. This progress continues to be hampered, however, by the ability of a multinational corporation (MNC) that violates human rights not only to shift liability from itself to a nation-state but even to win compensation from that nation-state for loss of profits due to restrictions on its business activities. In the process, the nation-state’s sovereignty is (...) diminishing; and, in effect, though still attributed to nation-states, it is being transferred to the MNC. The main aim of this article is (1) to draw on normative considerations to claim that this MNC proto-sovereignty should be modified and (2) to contend that this can eventually be accomplished by adding to corporate adoption of CSR guidelines a regimen of global human rights enforcement. I base this contention on expectations about the internationalization of corporate criminal law and the globalization of civil society in general and of NGOs in particular. I consider various jurisdictions but I focus on US jurisprudence. (shrink)