This paper brings new work to bear on the perennial question about Hobbes's atheism to show that as a debate about scepticism it is falsely framed. Hobbes, like fellow members of the Mersenne circle, Descartes and Gassendi, was no sceptic, but rather concerned to rescue physics and metaphysics from radical scepticism by exploring corporealism. In his early letter of November 1640, Hobbes had issued a provocative challenge to Descartes to abandon metaphysical dualism and subscribe to a ?corporeal God?; a (...) provocation to which the Frenchman angrily responded, but was perhaps importantly influenced. Hobbes's minimal realism was consonant with atheism, to which Descartes felt he was being forced. Moreover, Hobbes was unrelenting in his battle against Cartesian dualism, for which he saw Robert Boyle's experimental science as a surrogate. (shrink)

The Stoics are famously committed to the thesis that only bodies are, and for this reason they are rightly called “corporealists.” They are also famously compared to Plato’s earthborn Giants in the Sophist, and rightly so given their steadfast commitment to body as being. But the Stoics also notoriously turn the tables on Plato and coopt his “dunamis proposal” that being is whatever can act or be acted upon to underwrite their commitment to body rather than shrink from it as (...) the Giants do. The substance of Stoic corporealism, however, has not been fully appreciated. This paper argues that Stoic corporealism goes beyond the dunamis proposal, which is simply an ontological criterion for being, to the metaphysics of body. This involves, first, an account of body as metaphysically simple and hence fundamental; second, an account of body as malleable and continuous, hence fit for blending (krasis di’ holou) and composition. In addition, the metaphysics of body involves a distinction between this composition relation seen in the cosmology, and the constitution relation by which the four-fold schema called the Stoic Categories proceeds, e.g. the relation between a statue and its clay, or a fist and its underlying hand. It has not been appreciated that the cosmology and the Categories are distinct — and complementary — explanatory enterprises, the one accounting for generation and unity, the other taking those individuals once generated, and giving a mereological analysis of their identity and persistence conditions, kinds, and qualities. The result is an elegant division of Plato’s labor from the Battle of Gods and Giants. On the one hand, the Stoics rehabilitate the crude cosmology of the Presocratics to deliver generation and unity in completely corporeal terms, and that work is found in their Physics. On the other hand, they reform the Giants and “dare to corporealize,” delivering all manner of predication (from identity to the virtues), and that work is found in Stoic Logic. Recognizing the distinctness of these explanatory enterprises helps dissolve scholarly puzzles, and harmonizes the Stoics with themselves. (shrink)

I argue that Social Trinitarians can and should conceive of God as a group person. They can by drawing on recent theories of group agency realism that show how groups can be not just agents but persons distinct from their members – albeit, I argue, persons of a different kind. They should because the resultant novel view of the Trinity – that God is three ‘intrinsicist’ persons in one ‘functional’ person – is theologically sound, effectively counters the most trenchant criticisms (...) of Social Trinitarianism, and enjoys independent theological support from the biblical notion of ‘corporate personality’. (shrink)

The aim of this paper is to relate the critical core of Jesus Conill’s last book, Bodily Intimacy and the Human Person. From Nietzsche to Ortega and Zubiri, with the problem of nihilism, as a structure that survives in our contemporary societies, especially in the context of neurosciences, technology and our way of relating to both. After outlining the key insights of the book, especially its innovative conception of bodily intimacy, I will retrieve some contributions from Nietzsche’s notes regarding nihilism, (...) to show that after the “death of God”, other instances take his place, the logics of nihilism remain intact and underly the majority approach of neurosciences. I will conclude that the elements presented by Conill for a strong intimacy and subjectivity will be necessary for the task, still pending, of overcoming nihilism. (shrink)

Dynamic Theodicy (DT) is a broad concept we bring up to designate some modern Philosophical Theology attempts to reconcile the necessary and perfect existence of God with the contingent characteristics of human life. In this paper we analyze such approaches and discuss how they have become incomprehensible because the metaphysical assumptions implicit in these explanations have lost their intrinsic relation to the natural human desire for salvation. In the first part we show Charles Hartshorne's DT-model, arising from the modal logic (...) of perfection, and the modern rational problems of this position in making infinite-necessary Being (God) and finite-contingent being (human) compatible. We note that at the heart of the contradictions in this DT account is a dialectical mode of thinking that makes it difficult to find a correct solution to this dichotomy, and to assume a human desire that could be considered related to lifelong goals. In the second part, supported by the proposal of Hans Urs von Balthasar's DT, we develop the concepts of bodily vulnerability, corporeal intentionality, and natural desire for salvation, which come from an Aristotelian-Thomistic thought. This theory is established in order to build an argument, following Alasdair MacIntyre’s ethical framework, on how to make possible the recovery of a metaphysical and anthropological desire that transcends natural aging and goes beyond death. We conclude that both human dependence and the virtues that arise naturally when human beings decide to seek the good of their transcendent condition, make it possible to recover the natural desire for salvation through divine and human love. (shrink)

This article argues that Clauberg defends the theory of concurrentism concerning the relationship between divine and secondary causality. It does so by examining Clauberg's theory of corporeal causation in light of his doctrines of cause in general and of corporeal substance. Clauberg's work represents one of the first attempts to reconcile Cartesian physics with the traditional doctrine in theology, according to which both God and created substances are true and immediate causes of all natural effects, in opposition to (...) the occasionalist trend which would soon develop in the Cartesian school as well as to the conservationist alternative of Durand de Saint-Pourçain. -/- Cet article soutient que Clauberg défend la théorie du concurrentisme sur la relation entre la causalité divine et la causalité seconde. Il le fait en examinant la théorie de la causalité corporelle de Clauberg à la lumière de ses doctrines de la cause en général et de la substance corporelle. L'œuvre de Clauberg représente l’une des premières tentatives de réconcilier la physique cartésienne avec la doctrine théologique traditionelle, selon laquelle Dieu et les substances créées sont des causes vrais et immédiates de tout effet naturel, en opposition au courant occasionnaliste qui se développera bientôt dans l'école cartésienne ainsi qu'à l'alternative conservationniste de Durand de Saint-Pourçain. (shrink)

Memory is everywhere in Blade Runner 2049. From the dead tree that serves as a memorial and a site of remembrance (“Who keeps a dead tree?”), to the ‘flashbulb’ memories individuals hold about the moment of the ‘blackout’, when all the electronic stores of data were irretrievably erased (“everyone remembers where they were at the blackout”). Indeed, the data wiped out in the blackout itself involves a loss of memory (“all our memory bearings from the time, they were all damaged (...) in the blackout”). Memory, and lack of it, permeates place, where from the post-blackout Las Vegas Deckard remembers it as somewhere you could “forget your troubles.” Memory is a commodity, called upon and consumed by the Wallace Corporation, purchased from the memory-maker, Dr Ana Stelline, who constructs and implants “the best memories” in replicants so as to instil in them real human responses. Memory is ubiquitous in Blade Runner 2049, involving humans, replicants, objects, and machines. Even “God,” we are told, “remembered Rachael.” Nowhere, though, is the depiction of memory more important than in the attempt to solve a question of identity. Officer K has a memory of his past. Even though he knows it is an implant, it is a memory he is emotionally attached to, frequently narrating it to Joi, his digital girlfriend. But it is a memory that starts to puzzle and trouble him. When K discovers the remains of a dead replicant, a female NEXUS-7, he uncovers a secret—this replicant was pregnant and died during childbirth, a discovery that could “break the world.” K is charged with hunting down the child and making the problem disappear. Yet as K starts seeking answers to the question of the child’s identity he gets inextricably caught up in the mystery. Is he merely Officer K, or is he Joe, the miracle child of Rachael and Deckard? The answer to this question hinges on K’s memory. But is the memory genuine? Is the memory his? Blade Runner 2049 encourages us to think deeply about the nature of memory, identity, and the relation between them. Indeed, the film does not just serve as a starting point for thinking about philosophical issues related to memory and identity. Rather, as we show in this chapter, the film seems to offer a view on these philosophical issues. Blade Runner 2049 offers us a view of memory as spread out over people, objects, and the environment, and it shows us that memory’s role in questions of identity goes beyond merely accurately recalling one’s past. Identity depends not on memory per se, but partly on what we use memory for. (shrink)

In this article, I show the semantic connection between one pictorial detail of the traditional Annunciation iconography in Christianity and an apocryphal detail of the Virgin Mary biography, dating back to the antique metaphor of the body as clothing or cloth. In the Annunciation scene, the archangel Gabriel and the Mother of God are present, while the Virgin is often depicted with a spindle and a purple yarn in her hands. This detail sends the viewer to the metaphor of birth (...) as the creation of flesh and blood, as the spinning of the body in the womb of the mother, and also symbolically means the entry of God into the corporeal world through the Virgin and the blood sacrifice offered for the salvation of the world. The described “apocryphal” detail of the Annunciation scene can be understood as a visualization of the metaphor, known in antiquity, of the body creation as spinning or weaving. (shrink)

Demonstrates the sophistication of Seneca’s Stoicism by setting his contributions within the context of his school. Seneca’s contributions to physics, metaphysics, logic, determinism, theodicy and eschatology are set within a systematic reconstructions of Stoic positions. Ample documentation of sources and scholarship as well as the thematic, handbook-like structure allow for this book to be used as a look-up tool and introduction to the Stoic cosmos and the place of humans within it. -/- There are a number of new readings and (...) interpretations, e.g. concerning the corporeality of the principles; mixture (krasis di’ holôn); the elements and pneuma; identity; the relation of God and humans; Seneca’s attitude to logic; Seneca’s philosophy of time; the role of lekta in defining reality and action; Stoic and Senecan theodicy; Seneca’s contribution to the determinism debate. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 43.1 (2005) 55-81 [Access article in PDF] Self-Knowledge in Descartes and Malebranche Lawrence Nolan John Whipple 1. Introduction Descartes's notorious claim that mind is better known than body has been the target of repeated criticisms, but none appears more challenging than that of his intellectual heir Nicolas Malebranche.1 Whereas other critics—especially twentieth-century philosophers eager to use Descartes as their whipping boy—have often been (...) uncharitable, Malebranche accepts many of the fundamental Cartesian doctrines, including mind-body dualism. But he argues that Descartes's position on knowledge of the mind is internally inconsistent. Malebranche agrees with Descartes that the existence of the mind is better known than that of body, but he vehemently denies that the nature of the mind is better known. This denial is based on his view that we lack a clear idea of the mind.2 [End Page 55]Malebranche's polemic has attracted much attention in recent scholarship.3 The growing consensus among commentators is that Malebranche develops a devastating internal critique of Descartes's theory of the mind. For example, Nicholas Jolley writes: "In his case for his negative thesis [concerning knowledge of the mind] Malebranche mounted a powerful, even annihilating, critique of Descartes. This critique embodies the remarkable insight that there is a serious muddle at the heart of Descartes's whole theory of knowledge."4 In a book-length defense of Malebranche's critique, Tad Schmaltz also emphasizes its internal character: "the interpretation here of Malebranche's theory presents it as fundamentally Cartesian, and thereby serves to reinforce his own view that he has provided an authoritative interpretation of the account of mind in the writings of Descartes and other Cartesians."5 Schmaltz also asserts: "Malebranche took his negative thesis concerning our knowledge of the soul to involve not so much a rejection of Cartesianism as an internal correction of it."6We think such remarks misstate the case. Indeed, we argue in this paper that Malebranche's polemic fails as an internal critique of Descartes's theory of the mind. Although we do not here aspire to defend Descartes's strong thesis—that mind is better known than body—we do think he can consistently maintain that we have a clear and distinct idea of the mind, and thus that our knowledge of the mind's nature is at least on a par with our knowledge of corporeal nature.7 While Malebranche's rhetoric would encourage us to think that the debate between him and his predecessor is being fought on common or neutral ground, the fact is that Malebranche often appeals to assumptions and aspects of his own theory of "Vision in God" that Descartes would reject. Once more, he interprets Descartes's theory of knowledge in ways that are misguided and sometimes even uncharitable. If Malebranche's critique succeeds at all, it succeeds only against a straw man—Malebranche's Descartes and not the historical figure.Ours is not the first effort to defend Descartes against this particular attack. When Malebranche first published his critique in Book Three of his first great work, The Search After Truth (1674),8 Descartes had been dead for over two decades, [End Page 56] but he was ably defended by the famous Cartesian Antoine Arnauld in On True and False Ideas (1683). In the ensuing debate Arnauld was clearly the superior dialectician, but while winning several tactical points, he appears not to fully appreciate the crux of Malebranche's argument, or at least that is the view of Jolley and Schmaltz.9 We have a somewhat higher opinion of Arnauld's side of the debate. Granted, some of his defenses are facile and can be easily dismissed; others however are quite compelling when properly developed. In at least one instance, we attempt to provide that development. At the same time we think it is a mistake to treat Arnauld as Descartes's surrogate or as if he had issued the final salvo from the camp of the orthodox Cartesians. Arnauld was a... (shrink)

This paper aims to discuss how the themes of individuality, freedom and education are articulated in Stirner's thought. It begins with a brief history of Stirner's reception. Next, the paper analyzes the subversion of Hegelian dialectics and the critique of Feuerbach's and Marx's atheistic humanism, which remain linked to Christian theology by deifying an abstract human essence. Then, the focus shifts to Stirnerian nominalism and its criticism of God, State, humanity and society as ideological constructs that dominate the concrete individual. (...) Finally, the paper analyzes the proposal of a new ethics and a new education, based on the singularity of the mortal and corporeal self. (shrink)

Ex nihilo nihil fit. Philosophy, especially great philosophy, does not appear out of the blue. In the current volume, a team of top scholars-both up-and-coming and established-attempts to trace the philosophical development of one of the greatest philosophers of all time. Featuring twenty new essays and an introduction, it is the first attempt of its kind in English and its appearance coincides with the recent surge of interest in Spinoza in Anglo-American philosophy.Spinoza's fame-or notoriety-is due primarily to his posthumously published (...) magnum opus, the Ethics, and, to a lesser extent, to the 1670 Theological-Political Treatise. Few readers take the time to study his early works carefully. If they do, they are likely to encounter some surprising claims, which often diverge from, or even utterly contradict, the doctrines of the Ethics. Consider just a few of these assertions: that God acts from absolute freedom of will, that God is a whole, that there are no modes in God, that extension is divisible and hence cannot be an attribute of God, and that the intellectual and corporeal substances are modes in relation to God. Yet, though these claims reveal some tension between the early works and the Ethics, there is also a clear continuity between them.Spinoza wrote the Ethics over a long period of time, which spanned most of his philosophical career. The dates of the early drafts of the Ethics seem to overlap with the assumed dates of the composition of the Treatise on the Emendation of the Intellect and the Short Treatise on God, Man, and His Well Being and precede the publication of Spinoza's 1663 book on Descartes' Principles of Philosophy. For this reason, a study of Spinoza's early works can illuminate the nature of the problems Spinoza addresses in the Ethics, insofar as the views expressed in the early works help us reconstruct the development and genealogy of the Ethics. Indeed, if we keep in mind the common dictum. (shrink)

Quakers express their faith by refraining from war, often actively opposing it. In modern Quakerism, this is known as the ‘Peace Testimony’. This commonly has a negative and positive construal: it is seen as a testimony against war, and as a testimony to the possibility and goodness of peaceful lives. This paper offers an account of how these aspects of the Peace Testimony are unified in and grounded on a corporate experience of being led by God into a way of (...) life that renders war unthinkable. My goal is to make sense of Friends’ activism in light of their religious experience and to introduce some ideas from Quaker practical theology to philosophers and theologians more generally. I begin by considering the role of what Rachel Muers calls ‘negative testimony’ in Quaker peace work, arguing that we risk misunderstanding this work if we do not see the unity of the Peace Testimony’s negativity and Friends’ positive peace-making endeavors. I then turn to the Testimony’s ground, which I claim can be nothing other than an experience of direct revelation. I conclude by arguing that prominent objections to pacifism, such as Elizabeth Anscombe’s, hold little weight against the Peace Testimony. (shrink)

Resumen: Es un hecho que Dios ha impreso de un modo necesario e indefectible la dirección hacia su fin a las creaturas materiales y a las creaturas espirituales incluido el caso concreto del hombre. Pero también es un hecho que en el mundo corpóreo, la persona humana cuenta con la libertad de los medios para alcanzar dicho fin. En esto se distingue el hombre de los animales irracionales, en que la naturaleza espiritual y libre ha de ser encauzada en su (...) actividad por una ley específicamente distinta a la del mundo irracional, que a la vez de conducirla eficazmente hacia su fin, sea compatible con la libertad. Dada la relevancia de este tema para la comprensión del problema moral del hombre, el objeto de este trabajo es profundizar en la naturaleza del acto libre y por ende en los principios que fundamentan la libertad en el pensamiento de Santo Tomás de Aquino quien sin lugar a duda ha logrado una gran profundidad en el análisis del acto humano. Palabras clave: acto - bien - felicidad - fin - libertad -/- Abstract: God has impressed upon both material and spiritual creatures, including the concrete case of man, a necessary and indefectible direction towards their end. But at the same time, in the corporeal world, the human person possesses a special freedom with regard to the means whereby to reach that end. This is precisely what distinguishes man from irrational animals: that our free and spiritual nature must be directed in its activity by a law specifically distinct from that of the irrational world, such that, while it drives us towards our end, it remains compatible with free will. Given the relevance of this theme for the understanding of the moral problem of the human person, the goal of this work is to delve more deeply into the nature of free human acts and therefore into the foundational principles of free will in the thought of St. Thomas Aquinas, who undoubtedly has offered a profound analysis of human acts. Keywords: act - good - happiness - end - freedom . (shrink)

In his 1968 poetry collection „Fadensonnen“, Paul Celan offers a hermetic blend of existentialism and mysticism, which is unusual in two respects. Firstly, the European philosophy of existence, especially with its proponents Jean-Paul Sartre, Albert Camus and Martin Heidegger, had gone to great lengths to criticize and delegitimize the Abrahametic religions, for the concept of god seemed to be an obstacle to humanity in pursuit of its own humanization. Secondly, in the aftermath of the holocaust, the idea of man wanting (...) to merge with a god that had not prevented this cruelty from happening had lost much of its plausibility. Despite these two objections, Celan's poems address the struggle of togetherness in a world that negates the mere possibility of otherness, trying to salvage the unique identity and dignity of the other. With this in mind, the modus operandi of his poems is that of a butcher: Whatever has previously been alive – before the Shoah – now has to be stripped bare of its layers of individual and collective history, has to become less than body and flesh. In this way, the poems' inherent pain and misery transform the reader into a nobody, for only a nobody has got the prerequisites to encounter other people unbiasedly in their unique wholeness. Within this space of encounter, only the reminiscence of body and sexuality exists, commemorating the other, so that radical corporeality seems to be the prerequisite for togetherness. In this ahistorical sphere there is no room for a god that permitted the holocaust, redefining mysticism as the connection between men instead of one between man and god. Celan's poems act as a catalyst, for they exclude god from the spheres of man, making poetry a memorial site to the dead and the ones living in pain. This way, the poems are trying to save Eros (in the sense of creaturely love) from being mutilated by the crimes of European history while at the same time aiming at rehabilitating mankind in a post-holocaust world. (shrink)

The Stoics have often been compared to the earthborn Giants in the Battle of Gods and Giants in Plato’s Sophist, but with diverging opinions about the lessons they drew in reaction to Plato. At issue are questions about what in the Sophist the Stoics were reacting to, how the Stoics are like and unlike the Giants, the status of being for the Stoics, and the extent to which they were Platonizing with their incorporeals. With these open questions in mind, I (...) reexamine the Sophist from the Stoic perspective, finding eight distinct challenges that are likely to have been salient to the Stoics, and offer a new account of the Stoics as responding to these challenges with an innovative ontology that prises apart something from being to make room for what is not, and a sophisticated one-world metaphysics that grounds everything there is in two fundamental bodies. (shrink)

Commas can splice our sentences, and shift their connotations. Our mixed modes for hyphens compound our words as well as confuse them—even dash them to pieces. In written language, how can we know we are asking a question unless we use the proper punctuation? Punctuation is vital to how we communicate. Whether in speech or prose, we punctuate our thoughts. In this sense, we may classify punctuation among what John Wesley calls “God’s many providences” in the sermon “The One Thing (...) Needful” (1733): “designed either to wean us from what is not, or to unite us to what is worthy of our affection. Are they pleasing? Then they are designed to lift up our hearts to the Parent of all good. Are they painful?” Wesley again answers rhetorically, “Then they are means of rooting out those passions that forcibly withhold us from [God]” (§II.4). Indeed, punctuation espouses varied ‘pleasing’ and/or ‘pleasant’ responses. Rather than merely forcing the point that our punctuation carries meaning—either in addition to or against that which we otherwise intend—I want to suggest that the poetry, prose, and other linguistic media/mediums within our liturgies innately possess meaning(s) which we have the opportunity to punctuate (i.e., ‘consecrate’ or ‘sanctify’) as faith communities or else surrender to the individualisms of our so-called (post)modern preferential interpretations: our proverbial run-on sentence protracting philosophical discussions amid this (in)definite period of change we acutely sense but struggle to describe. We are not God’s grammar police. For our part, however, faith communities and their leaders can and must more dutifully approach the task of shaping the nature, meaning, and purpose of our liturgies as truly corporate worship, not as mere collections of thoughts, words, and actions expressed by individuals more or less simultaneously. (shrink)

Edmund Burke grounds politics and the state over the pre-political network of moral relations, starting from the family, evolving, through the village, the parish and the town, up to the class and corporation, finally arriving to the nation. These subordinate affections can be geometrically imagined as expanding circles of belonging and, though strictly linked to the state, they are not reducible to it, nor can the state replace them. In Burke’s vision, the state of civil society is humankind’s state of (...) nature, for the reason that man is always, and since ever, a member of a community: we are from somewhere, Burke seems to suggest. Thus, politics is grounded in morality, and morality, in turn, is based on God’s will, which within history takes the form of natural law. The French Revolution, on the contrary, has broken the spontaneity of interactions between individuals and intermediate groups, eventually establishing the Terror. (shrink)

The doctrine of the imago dei is foundational for Christian anthropology. It informs the nature of humanity as individuals and as a corporate entity. It is the basis of the Christian valuation of human life. And it defines the purpose of humans both now and in the world to come. This article will attempt to define the imago dei in a purely functional manner and examine the implications of such a definition in the light of the doctrines of the fall (...) and the incarnation. (shrink)

Proponents of corporate moral responsibility take certain corporations to be capable of being responsible in ways that do not reduce to the responsibility of their members. If correct, one follow-up question concerns what leads corporations to fail to meet their obligations. We often fail morally when we know what we should do and yet fail to do it, perhaps out of incontinence, akrasia, or weakness of will. However, this kind of failure is much less discussed in the corporate case. And, (...) where it is discussed, the view is that corporations are less prone to weakness. Here, I argue that proponents of corporate responsibility should say that corporations can and often do instantiate weakness of the will, and that this is important to recognize. Weakness of the will requires certain capacities that these proponents typically take corporations to have. And once this is appreciated, we can assess how corporate weakness might proceed differently than how it does for individuals. We can also begin a conversation about how best to meet the distinctive challenges for recognizing and correcting corporate weakness, using a number of resources from management scholarship. (shrink)

Corporate social responsibility (CSR) is one of the most prominent concepts in the literature and, in short, indicates the positive impacts of businesses on their stakeholders. Despite the growing body of literature on this concept, the measurement of CSR is still problematic. Although the literature provides several methods for measuring corporate social activities, almost all of them have some limitations. The purpose of this study is to provide an original, valid, and reliable measure of CSR reflecting the responsibilities of a (...) business to various stakeholders. Based on a proposed conceptual framework of CSR, a scale was developed through a systematic scale development process. In the study, exploratory factor analysis was conducted to determine the underlying factorial structure of the scale. Data was collected from 269 business professionals working in Turkey. The results of the analysis provided a four-dimensional structure of CSR, including CSR to social and nonsocial stakeholders, employees, customers, and government. (shrink)

The corporate meltdowns of this and the previous decade in the US - WorldCom, Enron, Tyco, and in Australia - FAI, HIH and AWB being among the many examples - have resulted in the governments of those two countries introducing legislation and policy guidelines aimed at minimising future corporate misbehaviour. -/- The US has introduced the Sarbanes Oxley Act, with requirements on corporate accountants and auditors, as well as its whistleblowing provisions. It has revised the Federal Sentencing Guidelines for Organizations. (...) New rules for the NYSE and NASDAQ have also been introduced. In addition, the U.S. Securities and Exchange Commission and U.S. Department of Justice have further strengthened the Foreign Corrupt Practices Act 1977, last revised in 1997. -/- Australia has revised the Corporations Act to include whistleblower protection clauses as well as adopted the ASX Corporate Governance guidelines. Standards Australia has issued its handbook on corporate governance. Although not a business issue, the Australian government has also announced that it will introduce whistleblower protection legislation for the public sector by the end of its first term in office. This legislation will likely influence whatever the private sector does in this respect. The inclusion of whistleblower protection in both Sarbanes–Oxley and the Corporations Act reflects a growing body of research that finds that people internal to an organisation are the most effective way to identify corporate wrongs. The Commonwealth Treasury has recently issued an options paper, stating that the Corporations Act has been ineffectual. It has sought submissions on revisions to the legislation that the Australian Government could take. This paper examines the policies advocated by over 20 organisations and academics concerned with whistleblowing issues. It draws the conclusion that on current indications, even after further reform, Australian legislation and policies are still likely to be less effectual than overseas practices. -/- --------------------------------- . (shrink)

While researchers in business ethics, moral philosophy, and jurisprudence have advanced the study of corporate agency, there have been very few attempts to bring together insights from these and other disciplines in the pages of the Journal of Business Ethics. By introducing to an audience of business ethics scholars the work of outstanding authors working outside the field, this interdisciplinary special issue addresses this lacuna. Its aim is to encourage the formulation of innovative arguments that reinvigorate the study of corporate (...) agency and stimulate further cross-fertilization of ideas between business ethics, law, philosophy, and other disciplines. (shrink)

Corporations have often been taken to be the paradigm of an organization whose agency is autonomous from that of the successive waves of people who occupy the pattern of roles that define its structure, which licenses saying that the corporation has attitudes, interests, goals, and beliefs which are not those of the role occupants. In this essay, I sketch a deflationary account of agency-discourse about corporations. I identify institutional roles with a special type of status function, a status role, in (...) which the collectively accepted function is expressed in part through its occupier’s intentional expression of her agency in that role. I identify institutions as systems of status roles and show how this is compatible with seeing the agency of institutions generally, even over time periods in which there is complete change in role occupiers, as a matter of the contributions only of individual agents. I explain how the reduction of the institution to its members is compatible with its potentially having had a completely different membership. I show in the case of the corporation in particular that, once we see its origins and function, the surface features of legal discourse about corporate agency are misleading and are compatible with a deflationary account of corporate agency. I show in connection with this that the corporation is to be identified with its shareholders, and that where a corporation separates ownership and control, its managers and employees are proxy agents of the shareholders doing business under the corporate form. Finally, I canvass the legitimate ways of construing ordinary talk about corporate intention, belief, and so on, in light of this, none of which support the attribution of genuine agency or intentionality to any group per se associated with the corporation. (shrink)

How can we know whether we are punishing the same corporation that committed some past crime? Though central to corporate criminal justice, legal theorists and philosophers have yet to address the basic question of how corporate identity persists through time. Simple cases, where crime and punishment are close in time and the corporation has changed little, can mislead us into thinking an answer is always easy to come by. The issue becomes more complicated when corporate criminals undergo any number of (...) transformations—rebranding, spinning-off a division, merging, changing ownership, changing management, swapping lines of business, etc. These changes are common among all corporations, including those trying to conceal or limit liability for past crimes. This article takes a first step toward developing a workable and philosophically satisfying theory of corporate personal identity and discusses its prospects for fulfilling the retributive, rehabilitative, and deterrent purposes of criminal law. (shrink)

Recently, a number of people have argued that certain entities embodied by groups of agents themselves qualify as agents, with their own beliefs, desires, and intentions; even, some claim, as moral agents. However, others have independently argued that fully-fledged moral agency involves a capacity for reactive attitudes such as guilt and indignation, and these capacities might seem beyond the ken of “collective” or “ corporate ” agents. Individuals embodying such agents can of course be ashamed, proud, or indignant about what (...) the agent has done. But just as an entity needs to have its own beliefs, desires, and intentions to qualify as a bona fide agent, the required capacity for reactive attitudes is a capacity to have one’s own reactive attitudes. If fully-fledged moral agency requires reactive attitudes, the corporate agent must itself be capable of guilt and indignation. In this paper, we argue that at least certain corporate agents are. Or, more precisely, we argue that if there are bona fide corporate agents, these agents can have the capacities that are both associated with guilt and indignation and plausibly required for moral agency; in particular certain epistemic and motivational capacities. (shrink)

Authors critical of corporate power focus almost exclusively on one solution: bringing it under democratic control. However important this is, there are at least two other options, which are rarely discussed: reducing powerful firms’ size and influence, or accepting corporate power as a necessary evil. This article provides a comparative perspective for evaluating all three options. It argues that the trade-offs we face in responding to corporate power have a trilemmatic structure. The pure strategies of accepting powerful firms, breaking them (...) up, or rendering them more accountable are each incompatible with one of three important values: power balance, economies of scale, and minimizing agency costs, respectively. While the latter two concepts are purely economic and efficiency-based, the value of power balance can be grounded in a variety of reasons. Different normative interpretations of power balance are discussed, along with their implications for policy choices within the trilemma. (shrink)

Can a group be morally responsible instead of, or in addition to, its members? An influential defense of corporate responsibility is based on results in social choice theory suggesting that a group can form and act on attitudes held by few, or even none, of its members. The members therefore cannot be (fully) responsible for the group’s behavior; the group itself, as a corporate agent, must be responsible. In this paper, I reject this view of corporate responsibility by showing how (...) it pays insufficient attention to individual agency. By accounting for group members’ strategic behavior, we shall see how they control collective attitude formation and are therefore responsible for their group’s behavior. (shrink)

Most business ethicists maintain that corporate actors are subject to a variety of moral obligations. However, there is a persistent and underappreciated concern that the competitive pressures of the market somehow provide corporate actors with a far-reaching excuse from meeting these obligations. Here, we assess this concern. Blending resources from the history of philosophy and strategic management, we demonstrate the assumptions required for and limits of this excuse. Applying the idea of ‘the state of nature’ from Thomas Hobbes, we suggest (...) that corporate actors would be excused from duties if complying with them threatened their vital interests. We show how this excuse is not available for most individuals within firms; instead, it is an excuse perhaps available to firms themselves, but only given substantive assumptions about corporate personhood. For those willing to make these assumptions, we apply the competitive advantage construct to delimit the scope of this excuse. We suggest that firms are excused from fulfilling an obligation when complying leads to a competitive disadvantage, as this imperils the firm’s vital interests. After revealing why this excuse does not generalize, we conclude by considering when we should reform the market to avoid the legitimacy of this excuse. (shrink)

God speaks. Hearing God. Two phrases of two words each are perhaps the most critical, misunderstood and even abused words in the existence of the Church and in particular for evangelicals. ‘I think God said’ and ‘I think God is saying’ are the most sagacious, precise, truthful and appropriate manner of responding to the conviction that God speaks and for shared engaging enriched discourse on what God says to ensure He is heard. The Bible must never be seen and interpreted (...) only as a handbook, instruction or rules book of propositional information, doctrine and description. Rather it is an astonishing and amazing book full of God’s wisdom for all people in all their situatedness. Peter Enns pointed out that the Bible must be seen as a source of godly wisdom to be explored, pondered, deliberated, and put into action. It is not a book about a God ‘mainly interested in whether we’ve read and understood the fine print; if not, God has no recourse but to punish us. Rather, I would beseech all Christians of all epochs to see it as a book full of wisdom relevant for each situatedness and ‘allows us to see God as a good parent, full of grace, love, and patience - the very character traits we value in earthly parents and that the people of God are to exemplify. Wisdom heals us to see God as God is.’ If there is any merit in this essay and conclusion of mine, then perhaps God can strike a straight blow with a very crooked stick. (shrink)

Whitehead’s position regarding God’s power is rather unique in the philosophical and theological landscape. Whitehead rejects divine omnipotence (unlike Aquinas), yet he claims (unlike Hans Jonas) that God’s persuasive power is required for everything to exist and occur. This intriguing position is the subject of this article. The article starts with an exploration of Aquinas’s reasoning toward God’s omnipotence. This will be followed by a close examination of Whitehead's own position, starting with an introduction to his philosophy of organism and (...) its two-sided concept of God. Thereupon, an analysis of Whitehead’s idiosyncratic view on God’s agency will show that, according to this conception, God and the world depend upon each other, and that God’s agency is a noncoercive but persuasive power. The difference between coercion and persuasion will be explained as well as the reason why God, according to Whitehead’s conception, cannot possibly coerce. Finally, a discussion of the issue of divine almightiness will allow for a reinterpretation of divine almightiness from a Whiteheadian perspective, which will show how, despite Whitehead’s rejection of God’s omnipotence, his concept retains essential elements of God as pantokrator (and thus markedly differs from Hans Jonas's concept). (shrink)

Corporate bond appeared in 1992-1994 in Vietnamese capital markets. However, it is still not popular to both business sectors and academic circles. This paper explores different dimensions of Vietnamese corporate bond market using a unique and perhaps, most complete data set. State not only intervenes in the bond markets with its powerful budget and policies but also competes directly with enterprises. The dominance of state-owned enterprises and large corporations also prevents small and medium enterprises from this debt financing vehicle. Whenever (...) a convertible term is available, bondholders are more willing to accept lower fixed income payoff. But they would not likely stick to it. On the one hand, prospective bondholders could value the holdings of equity when realized favourably ex ante. On the other hand, the applicable coupon rate for such bonds could turn out negative inflation-adjusted payoff when tight monetary policy is exercised and the corresponding equity holding turns out valueless, ex post. Given the weak primary market and virtually non-existent secondary market, the corporate bond market in Vietnam reflects our perception of the relationship-based and rent-seeking behaviour in the financial markets. For the corporate bonds to really work, they critically need a higher level of liquidity to become truly tradeable financial assets. Updated entries in 2010 affirm the findings and conclusions. (shrink)

In a world characterised by intense global poverty, do active corporate efforts to help the global poor constitute discretionary acts of charity, to be praised but not to be thought of as mandatory? Or, conversely, are such efforts a matter of binding moral duty? The traditional position among business ethicists – and still, perhaps, the dominant one – is that there is no such duty, except perhaps in exceptional circumstances such as rescue cases. In recent years, however, several authors have (...) made the case that corporations have quite wide-ranging positive duties to the global poor. This entry outlines the contours of the various arguments given in favour of the latter position, before highlighting two theoretical challenges which arise if we are to embrace this position – first, the issue of determining what sorts of actions count as adequately fulfilling positive duties to the global poor, and, second, the question of what limits there are, if any, to the demandingness of corporations’ positive duties. (shrink)

Over four decades, research and policy have created layers of understandings in the quest for "good" corporate governance. The corporate excesses of the 1970s sparked a search for market mechanisms and disclosure to empower shareholders. The UK-focused problems of the 1990s prompted board-centric, structural approaches, while the fall of Enron and many other companies in the early 2000s heightened emphasis on director independence and professionalism. With the financial crisis of 2007–09, however, came a turn in some policy approaches and in (...) academic literature seeking a different way forward. This paper explores those four phases and the discourse each develops and then links each to assumptions about accountability and cognition. After the financial crisis came pointers in policy and practice away from narrow, rationalist prescriptions and toward what the philosopher Stephen Toulmin calls "reasonableness". Acknowledging that heightens awareness of complexity and interdependence in corporate governance practice. The paper then articulates a research agenda concerning what "reasonably" good corporate governance might entail. (shrink)

In our globalized world, competition for capital is intense and only jurisdictions with superior corporate governance will attract the FDI crucial for economic growth and development. The goal of this chapter is to assess the legal regime of external auditors – as opposed to internal auditors - per Company Legislation of 1997 and provide suggestions for improvement in the current legal regime.34 Part II discusses global trends in corporate governance with respect to the role of the external auditor. Part III (...) of the chapter provides an overview of the development of the auditing profession in Jordan. In Part IV, the chapter analyzes in detail the specific provisions related to auditors in the Company Legislation of 1997. The part also points out various shortcomings and inconsistencies between rights and duties of auditors and makes suggested proposals for amending the current law. (shrink)

Since the global financial crisis in 2008, corporations have faced a crisis of trust, with growing sentiment against ‘elites and ‘big business’ and a feeling that ‘something ought to be done’ to re-establish public regard for corporations. Trust and trustworthiness are deeply moral significant. They provide the ‘glue or lubricant’ that begets reciprocity, decreases risk, secures dignity and respect, and safeguards against the subordination of the powerless to the powerful. However, in deciding how to restore trust, it is difficult to (...) determine precisely what should be done, by whom, and who will bear the cost, especially if any action involves a risk to overall market efficiency and corporate profitability. The paper explores whether corporations have a moral duty to be trustworthy, to bear the cost of being so and thus contribute to resolving the current crisis of trust. It also considers where the state and other social actors have strong reason to protect and enforce such moral rights, while acknowledging that other actors have similar obligations to be trustworthy. It outlines five ‘salient factors’ that trigger specific rights to trustworthiness and a concomitant duty on corporations to be trustworthy: market power, subordination (threat and intimidation), the absence of choice, the need to preserve systemic trust, and corporate political power which might undermine a state’s legitimacy. Absent these factors and corporations do not have a general duty to be trustworthy, since a responsible actor in fair market conditions should be able to choose between the costs and benefits of dealing with generally trustworthy corporations. (shrink)

In this paper, I introduce a problem to the philosophy of religion – the problem of divine moral standing – and explain how this problem is distinct from (albeit related to) the more familiar problem of evil (with which it is often conflated). In short, the problem is this: in virtue of how God would be (or, on some given conception, is) “involved in” our actions, how is it that God has the moral standing to blame us for performing those (...) very actions? In light of the recent literature on “moral standing”, I consider God’s moral standing to blame on two models of “divine providence”: open theism, and theological determinism. I contend that God may have standing on open theism, and – perhaps surprisingly – may also have standing, even on theological determinism, given the truth of compatibilism. Thus, if you think that God could not justly both determine and blame, then you will have to abandon compatibilism. The topic of this paper thus sheds considerable light on the traditional philosophical debate about the conditions of moral responsibility. (shrink)

Recent epistemology offers an account of what it is to know other persons. Such views hold promise for illuminating several issues in philosophy of religion, and for advancing a distinctive approach to religious epistemology. This paper develops an account of interpersonal knowledge, and clarifies its relation to propositional and qualitative knowledge. I then turn to our knowledge of God and God's knowledge of us, and compare my account of interpersonal knowledge with important work by Eleonore Stump on "Franciscan" knowledge. I (...) examine how interpersonal knowledge may figure in liturgical practice, in diffusing the problem of divine hiddenness, and in motivating a novel understanding of divine love. I also explore the possibility of epistemic injustice arising from dismissal or neglect of our religious testimony to one another, or of divine testimony to humanity, focusing specifically on the import of interpersonal knowledge. (shrink)

In the beginning God created the elementary particles. Bosons, electrons, protons, quarks and the rest he created them. And they were without form and void, so God created the fundamental laws of physics - the laws of mechanics, electromagnetism, thermodynamics and the rest - and assigned values to the fundamental physical constants: the gravitational constant, the speed of light, Planck's constant and the rest. God then set the Universe in motion. And God looked at what he had done, and saw (...) that it was physicalistically acceptable. (shrink)

Many corporations are large, powerful, and wealthy. There are massive shortfalls of global justice, with hundreds of millions of people in the world living below the threshold of extreme poverty, and billions more living not far above that threshold. Where injustice and needs shortfalls must be remediated, we often look towards agents’ capabilities to determine who ought to bear the costs of rectifying the situation. The combination of these three claims grounds what I call a ‘linkage-based’ account of why corporations (...) have demanding positive duties to the global poor. In this paper, I put forward a distinctive linkage-based account of corporations’ positive duties centred on the idea of dependence and the importance of meeting agents’ core needs. In addition to outlining and defending this account, I will show that we can utilise its basic conceptual components to make headway on questions that have received insufficient attention in the business ethics literature; specifically, we can say something substantive about the weighting of needy agents’ competing claims to assistance, and about the limits to the demands that can be lodged against corporations on the basis of others' unmet needs. Having integrated considerations of duties' grounding, their comparative weight, and the limits of their demandingness into a single account of corporate positive duty, I conclude by discussing a challenge to attributing to corporations duties owed to the worst-off amongst the global poor. (shrink)

The Call for Papers for this conference suggests the topic, “international codes of business conduct.” This paper is intended to present a shift from a discussion of codes, or constraints to be placed upon business, to an entirely different topic: to responsibility, which yields duty, and the reciprocal concept, right. Beyond the framework of external regulation and codes of conduct, voluntary or otherwise, lies another possible accounting system: one of real corporate responsibility, which arises out of the evident capability of (...) businesses to engage in rationally self-regulated activity. If such responsibility can be shown to be comprehensible, then it could bind the activities of corporations ethically, and in rationally compelling legitimate law, just as your activities and mine are bound. Perhaps we can bind the officers of corporations as responsible persons, but I would like to introduce an undiminished conception of responsibility that will back legitimate law for the corporations themselves, as artificial persons. That is the purpose of Part 1 of this paper. In Part 2 I will turn to the case of multinational corporations in particular. I will draw conclusions regarding their general duties and rights, and will dip explicitly into ethical formulations, as well as the ground of legitimate law. I will also indicate a particular rational requirement, or duty, for politically and environmentally sustainable business practices of multinationals. In Part 3 I will discuss jurisdiction for instituting legal sanctions in multinational cases. I will argue that the national laws and civil suits that may be pursued within a court in one nation can actually stand as legitimate checks against abuses carried out by the arms of multinational corporations that reside in other nations. (shrink)

Because corporate social responsibility can be beneficial to both companies and its stakeholders, interest in factors that support CSR performance has grown in recent years. A thorough integration of CSR in core business processes is particularly important for achieving effective long-term CSR practices. Here, we explored the individual CSR-related competencies that support CSR implementation in a corporate context. First, a systematic literature review was performed in which relevant scientific articles were identified and analyzed. Next, 28 CSR directors and managers were (...) interviewed. The literature review complemented with interview data resulted in the following eight distinct CSR-related competencies: Anticipating CSR challenges; Understanding CSR-relevant systems and subsystems; Understanding CSR-relevant standards; CSR management competencies, including Leading CSR programs, Managing CSR programs, and Identifying and realizing CSR-related business opportunities; Realizing CSR-supportive interpersonal processes; Employing CSR-supportive personal characteristics and attitudes; Personal value-driven competencies, including Ethical normative competencies, Balancing personal ethical values and business objectives, and Realizing self-regulated CSR-related behaviors and active involvement; and Reflecting on personal CSR views and experiences. Based on these results, implications for further research on this topic, as well as implications for practitioners, are discussed. (shrink)

There are two main questions that any account of corporate lawyers’ moral obligations needs to answer: (1) Do corporate lawyers have moral obligations to third parties? and (2) In cases of conflict between obligations to the corporation and obligations to third parties, which should prevail? This Article offers answers to these questions in the context of lawyers working in medical corporations. I argue that lawyers do have moral obligations to third parties, and that in cases where patients’ rights are being (...) violated by a medical company, patients’ rights should prevail. Consequently, attorney–client confidentiality rules should be relaxed to allow for attorney disclosures in egregious cases of potential harm to third parties. (shrink)

In the correspondence with Arnauld, Leibniz contends that each corporeal substance has a substantial form. In support he argues that to be real a corporeal substance must be one and indivisible, a true unity. I will show how this argument precludes a tempting interpretation of corporeal substances as composite unities. Rather it mandates the interpretation that each corporeal substance is a single monad.

God, Soul and the Meaning of Life (CUP 2019) translated into Persian by Ashkan Roshan and posted in a repository of Persian texts on the philosophy of religion.

In its January 20th, 2010 decision in Citizens United vs. Federal Election Commission, the United States Supreme Court ruled that certain restrictions on independent expenditures by corporations for political advocacy violate the First Amendment of the Constitution, which provides that “Congress shall make no law […] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Justice Kennedy, writing for the 5-4 majority, (...) held that “[b]y suppressing the speech of manifold corporations, both for-profit and non-profit, the Government prevents their voices and view-points from reaching the public and advising voters on which person or entities are hostile to their interests” (Citizens United vs. Federal Election Commission 558 U.S. 38-9 (2010); emphasis added). Much of the language of the opinion, and some of its reasoning, as this passage illustrates, presupposes that corporations are agents capable of speech, and that it is (at least in part) in the light of this that limitations on political advocacy by corporations are prohibited by the Constitution. -/- While there are other strands in the argument, they are interwoven with the conception of the corporation as agent and speaker, with its voice and its viewpoints. The dissenters on the court objected on precisely this point (among others). Justice Stevens wrote sarcastically in his dissent, joined by Justices Ginsburg, Breyer, and Sotomayor, that “[u]nder the majority’s view, I suppose it may be a First Amendment problem that corporations are not permitted to vote, given that voting is, among other things, a form of speech” (558 U.S. 33 (2010)). Justice Sotomayor suggested in oral argument that the Court’s century-old practice of treating corporations as persons rests on a conceptual mistake. -/- My concern in this essay is not with the question whether the restrictions violate the Constitution. There are many issues that bear on this which will be outside the scope of my discussion. My concern is with the proper conceptual framework for understanding the agency of corporations and corporate speech, and the role that conceptions of these play in the background of the majority’s reasoning. The issue is legal, but it also has philosophical, conceptual and semantic aspects. It will be the latter aspects, and their potential to shed light on legal reasoning, that are my main focus. An adequate framework requires saying what properly speaking the corporation is, how agency is expressed through the corporation, whose agency it is, centrally whether the corporation is an agent or person in its own right, and in what sense it can be said to be capable of speech. I draw on recent work in collective action theory, particularly with respect to the semantics of collective action sentences (Ludwig 2007) and the analysis of the proxy agency in collective action (Ludwig 2014), to show (i) that corporations are neither genuine agents nor (therefore) capable of engaging in genuine speech, (ii) that consequently the First Amendment does not apply to corporations per se, and (iii) that a better understanding of the mechanisms of corporate agency casts doubt on more indirect arguments for extending the First Amendment to “corporate speech” as well. (shrink)

The fear that business corporations have claimed unwarranted constitutional protections which have entrenched corporate power has produced a broad social movement demanding that constitutional rights be restricted to human beings and corporate personhood be abolished. We develop a critique of these proposals organized around the three salient rationales we identify in the accompanying narrative, which we argue reflect a narrow focus on large business corporations, a misunderstanding of the legal concept of personhood, and a failure to distinguish different kinds of (...) constitutional rights and the reasons for assigning them. Corporate personhood and corporate constitutional rights are not problematic per se once these notions are decoupled from biological, metaphysical, or moral considerations. The real challenge is that we need a principled way of thinking about the priority of human over corporate persons which does not reduce the efficacy of corporate institutions or harm liberal democracies. (shrink)

Any effort to specify identity conditions for corporations faces significant challenges. Corporations are amorphous. Nature draws no hard lines defining where they start or stop, whether in space or time. Corporations are also frustratingly dynamic. They often change the most basic aspects of their composition by exchanging parts, splitting and merging, changing ownership, and reworking fundamental internal operations. -/- Even so, we apply corporate identity conditions all the time. Both law and common intuition recognize that corporations do things—like pollute environments (...) or mislabel addictive medications—that call for judgment. Imposing judgment on corporations presupposes some implicit view of corporate identity that allows us to say, “This corporation that we now judge is the same one that misbehaved.” -/- This chapter draws on evidence from court decisions and experimental philosophy to unpack the fundamentally different visions of corporate identity implicitly encoded in law and in common intuition. The discrepancies suggest important lessons for lawmakers and corporate managers. (shrink)