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.

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.

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.

This essay explores the vexed issue of individual corporeal substance in Descartes' natural philosophy. Although Descartes' often referred to individual material objects as separate substances, the constraints on his definitions of matter and substance would seem to favor the opposite view; namely, that there exists only one corporeal substance, the plenum. In contrast to this standard interpretation, however, it will be demonstrated that Descartes' hypotheses make a fairly convincing case for the existence of individual material (...) substances; and the key to this new found individuation is a long neglected set of passages in the Principles of Philosophy. (shrink)

A few months before his death, Leibniz wrote to Des Bosses, My doctrine of composite substance seems to be the very doctrine of the Peripatetic school, except that their doctrine does not recognize monads. But I add them, with no detriment to the doctrine itself. You will hardly find another difference, even if you are bent on doing so.1 It is tempting to take Leibniz’s profession of Aristotelian orthodoxy as circumstantial: the entire correspondence he had with the Jesuit Father (...) Bartholomew Des Bosses is based on a project of reconciliation between his “system” and the dogmas of the Catholic Church, mediated by Aristotelian philosophy.2 But even so, this circumstantial... (shrink)

According to the Monist Interpretation of Descartes, there is really only one corporeal substance—the entire extended plenum. Evidence for this interpretation seems to be provided by Descartes in the Synopsis of the Meditations, where he claims that all substances are incorruptible. Finite bodies, being corruptible, would then fail to be substances. On the other hand, ‘body, taken in the general sense,’ being incorruptible, would be a corporeal substance. In this paper, I defend a Pluralist Interpretation of (...) Descartes, according to which there are many corporeal substances. In particular, I show that none of the claims in the Synopsis about incorruptibility and substance entail either that finite bodies are not substances, or that the only corporeal substance is the entire plenum. (shrink)

This paper explores the development of Leibniz’s metaphysics of the Incarnation in the context of his philosophy. In particular it asks to what extent Leibniz’s repeated endorsement of the traditional analogy between the union in humankind of soul (mind) and body, and the union in Christ of divine and human natures, could be accommodated by his more general metaphysical doctrines. Such an investigation highlights some of the deepest commitments in Leibniz’s theory of substance as well as detect in it (...) some unresolved tensions. The paper comes to the conclusion that puzzling points of Leibniz’s metaphysics of the Incarnation, rather than being problems specific to his theology, uncover tensions in his theory of substance as such – tensions converging on the vexed question of whether there can or cannot be genuine corporeal substances in Leibniz’s mature philosophy. (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)

Leibnizian metaphysics is traditionally held to be idealistic. It means that reality is composed of soul-like substances whereas material bodies are mere phenomena. The traditional interpretation presupposes that Leibniz’s view has not changed during the mature period (from 1683 onward). Some commentators have recently challenged this view. They claim that either Leibniz (despite inconsistency) was both a realist and an idealist (Hartz), or changed his view on the nature of substance (Garber). The aim is to defend the traditional interpretation (...) and to reply to the arguments by realist commentators. (shrink)

This chapter explores the relationship between the views of Leibniz and Berkeley on the fundamental nature of the created universe. It argues that Leibniz concurs with Berkeley on three key points: that in the final analysis there are only perceivers and their contents (subjective idealism), that there are strictly speaking no material or corporeal substances, and that bodies or sensible things reduce to the contents of perceivers (phenomenalism). It then reconstructs his central argument for phenomenalism, which rests on his (...) belief in the infinite division of matter, his doctrine of the ideality of relations, and the traditional principle of the convertibility of being and unity. Finally, it explores Leibniz’s belief that a body having its being in one perceiver can be “founded” on other perceivers, and considers Berkeley’s reasons for opposing such a view. (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)

This chapter offers an interpretation of Gottfried Wilhelm Leibniz’s idealism. Despite Leibniz’s frequent claim that the universe ultimately boils down to monads, he also sometimes appears to say that the world’s fundamental furniture includes extended, corporeal substances. Here, I examine Leibniz’s views about the relationship between monads and the material world, especially in connection with material bodies and corporeal substances.

Robert M. Adams claims that Leibniz’s rehabilitation of the doctrine of incomplete entities is the most sustained effort to integrate a theory of corporeal substances into the theory of simple substances. I discuss alternative interpretations of the theory of incomplete entities suggested by Marleen Rozemond and Pauline Phemister. Against Rozemond, I argue that the scholastic doctrine of incomplete entities is not dependent on a hylomorphic analysis of corporeal substances, and therefore can be adapted by Leibniz. Against Phemister, I (...) claim that Leibniz did not reduce the passivity of corporeal substances to modifications of passive aspects of simple substances. Against Adams, I argue that Leibniz’s theory of the incompleteness of the mind cannot be understood adequately without understanding the reasons for his assertion that matter is incomplete without minds. Composite substances are seen as requisites for the reality of the material world, and therefore cannot be eliminated from Leibniz’s metaphysics. (shrink)

A number of recent studies have called into question the traditional interpretation of Leibniz as an idealist beginning, at the latest, with the composition of the Discourse on Metaphysics (1686). In particular, in a recent book Daniel Garber affirms that between the late 1670s and late 1690s Leibniz maintains a realist doctrine according to which the created world is populated with extended corporeal substances. In trying to prove his thesis, Garber appeals to a document written in 1690 where Leibniz, (...) addressing an objection by Michelangelo Fardella, denies that bodies are composed of souls, declares that souls are substantial forms, and affirms that bodies are composed instead of substances. According to Garber, this shows that Leibniz then believed that bodies were composed, not of simple substances, but of extended substances possessing souls. Here I try to show that, to the contrary, the mentioned document (along with two others closely associated with it) support the traditional interpretation of Leibniz as an idealist in 1690. (shrink)

This anthology is about the signal change in Leibniz’s metaphysics with his explicit adoption of substantial forms in 1678-79. This change can either be seen as a moment of discontinuity with his metaphysics of maturity or as a moment of continuity, such as a passage to the metaphysics from his last years. Between the end of his sejour at Paris and the first part of the Hanover period, Leibniz reformed his dynamics and began to use the theory of corporeal (...) substance. This book explores a very important part of the philosophical work of the young Leibniz. Expertise from around the globe is collated here, including Daniel Garber’s work based on the recent publication of Leibniz's correspondence from the late 1690s, examining how the theory of monads developed during these crucial years. Richard Arthur argues that the introduction of substantial forms, reinterpreted as enduring primitive forces of action in each corporeal substance, allows Leibniz to found the reality of the phenomena of motion in force and thus avoid reducing motion to a mere appearance. Amongst other themes covered in this book, Pauline Phemister’s paper investigates Leibniz’s views on animals and plants, highlighting changes, modifications and elaborations over time of Leibniz’s views and supporting arguments and paying particular attention to his claim that the future is already contained in the seeds of living things. The editor, Adrian Nita, contributes a paper on the continuity or discontinuity of Leibniz’s work on the question of the unity and identity of substance from the perspective of the relation with soul and mind. (shrink)

The main subject of the study is the criticism of Aristotelian categorical system proposed by Plotinus. Treatises VI 1-3 focus on the problem of the possibility of thought within particular system of categories. Plotinus identifies categories with the kinds of being, being based on the tradition of such identification originated in the Plato’s “Sophist”. In some texts Aristotle himself speaks of categories as the kinds of being. The article is divided into two main parts. The first part is about Aristotle’s (...) position. I discuss the following questions: 1) what does the common name “being” mean; 2) why may the categories be the kinds of being and why should the substance be the first among the categories; 3) how are the substance and other categories related? The second part is about Plotinus’ criticism. Plotinus asserts 1) that not the substance, but being is the subject matter of the first philosophy, 2) that ten categories are not equally applicable to the intelligible world and to the world of sense, and 3) that the substance has two different meanings with respect to these worlds, and therefore the substance can’t be one kind, which includes the corporeal and incorporeal substances. (shrink)

The paper presents the notion of “Spirit of Nature” in Henry More and describes its position within More’s philosophical system. Through a thorough analysis, it tries to show in what respects it can be considered a scientific object and in what respects it cannot. In the second part of this paper, More’s “Spirit of Nature” is compared to Newton’s various attempts at presenting a metaphysical cause of the force of gravity, using the similarities between the two to see this notorious (...) problem of Newton scholarship in a new light. One thus sees that if Newton drew from Stoic and Neo-Platonic theories of aether or soul of the world, we need to fully acknowledge the fact that these substances were traditionally of a non-dualistic, half-corporeal, half-spiritual nature. Both More’s “Spirit of Nature” and Newton’s aether can thus be understood as different attempts at incorporating such a pneumatic theory into the framework of modern physics, as it was then being formed. (shrink)

The mind-body problem is a perennial philosophical problem that seeks to uncover the relationship or causal interaction that exists between the corporeal and incorporeal aspects of the human person. It thrives under the assumption that the human person is made up of two distinct entities, that is, mind and body, which explains their assumed causal relation. As attractive as this may seem, not all philosophers agree to this feigned idea of interaction and bifurcation of the human person. One philosopher (...) of note, who sorts to address this problem in the 17th century, is René Descartes. For Descartes, minds and bodies are distinct kinds of substance, where bodies are spatially extended substances (a res extensa) and minds are unexpended substances characterised primarily by thought (a res cogitans). But, if minds and bodies are radically dissimilar, how could they causally interact? This paper therefore attempts to examine the philosophical foundations of Cartesian dualism. It also articulates the major arguments adopted by Descartes through his methodic doubts to address the mind-body problem. The paper concludes by highlighting some fundamental criticisms of Cartesian Interactionism in the light of recent trends in parapsychology and neuro-scientific research. (shrink)

This paper is a study of Brentano’s ontology, and more specifically of his theory of substance and accident as put forward toward the end of his life in the materials collected together as the Kategorienlehre or Theory of Categories. Here Brentano presents an auditious (re-)interpretation of Aristotle’s theory of substance and accidence. We show that on the Brentano initially defends, it is space which serves as the single substance upon which all other entities depend as accidents of (...) space. In an appendix, however, Brentano puts forward an even more radical suggestion, inspired by the physics of Kelvin. According to this final view, space itself is an accident of a deeper substance: the present time. (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)

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)

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)

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)

In this paper, I consider particular attempts by E. J. Lowe and Michael Gorman at providing an independence criterion of substancehood and argue that the stipulative exclusion of non-particulars and proper parts (or constituents) from such accounts raises difficult issues for their proponents. The results of the present discussion seem to indicate that, at least for the case of composite entities, a unity criterion of substancehood might have at least as much, and perhaps more, to offer than an independence criterion (...) and therefore ought to be explored further by neo-Aristotelians in search of a defensible notion of substancehood. I indicated briefly how such a unity criterion might be used by neo-Aristotelians to support the inclusion of hylomorphic compounds in the category of substance, given the traditional role of form as the principle of unity within the compound. (shrink)

According to the theory of intrinsic value and moral standing called the ‘substance view,’ what makes it prima facie seriously wrong to kill adult human beings, human infants, and even human fetuses is the possession of the essential property of the basic capacity for rational moral agency – a capacity for rational moral agency in root form and thereby not remotely exercisable. In this critique, I cover three distinct reductio charges directed at the substance view's conclusion that human (...) fetuses have the same intrinsic value and moral standing as adult human beings. After giving consideration to defenders of the substance view's replies to these charges, I then critique each of them, ultimately concluding that none is successful. Of course, in order to understand all of these things – the reductio charges, defenders of the substance view's replies to them, and my criticisms of their replies – one must have a better understanding of the substance view as well as its defense. Accordingly, I address the substance view's understanding of rational moral agency as well as present its defense. (shrink)

In my articles ‘The Substance View: A Critique’ and ‘The Substance View: A Critique,’ I raise objections to the substance view, a theory of intrinsic value and moral standing defended by a number of contemporary moral philosophers, including Robert P. George, Patrick Lee, Christopher Tollefsen, and Francis Beckwith. In part one of my critique of the substance view, I raise reductio-style objections to the substance view's conclusion that the standard human fetus has the same intrinsic (...) value and moral standing as the standard adult human being, among other human beings. In part two, I raise objections to some of the premises invoked in support of that conclusion. Here, in part three, I raise objections to Henrik Friberg-Fernros's attempt to rebut some of the aforementioned objections. (shrink)

In my initial critique of the substance view, I raised reductio-style objections to the substance view's conclusion that the standard human fetus has the same intrinsic value and moral standing as the standard adult human being, among others. In this follow-up critique, I raise objections to some of the premises invoked in support of this conclusion. I begin by briefly presenting the substance view as well as its defense. (For a more thorough presentation, see the first part (...) of my critique.) I then raise objections to three claims involved in the substance view's defense: the claim that the standard human fetus's intrinsic value and moral standing is a function of its potentiality; the claim that the standard human fetus's intrinsic value and moral standing is a function of its essential properties; and the claim that it is the possession of the basic potential for rational moral agency that best accounts for the wrongness of killing the standard human fetus, among others. (shrink)

According to a certain kind of naïve or folk understanding of physical matter, everyday ‘solid’ objects are composed of a homogeneous, gap-less substance, with sharply defined boundaries, which wholly fills the space they occupy. A further claim is that our perceptual experience of the environment represents or indicates that the objects around us conform to this sort of conception of physical matter. Were this further claim correct, it would mean that the way that the world appears to us in (...) experience conflicts with the deliverances of our best current scientific theories in the following respect: perceptual experience would be intrinsically misleading concerning the structure of physical matter. I argue against this further claim. Experience in itself is not committed to, nor does it provide evidence for, any such conception of the nature of physical matter. The naïve/folk conception of matter in question cannot simply be ‘read-off’ from perceptual appearances. (shrink)

The essay constructs an ontological theory designed to capture the categories instantiated in those portions or levels of reality which are captured in our common sense conceptual scheme. It takes as its starting point an Aristotelian ontology of “substances” and “accidents”, which are treated via the instruments of mereology and topology. The theory recognizes not only individual parts of substances and accidents, including the internal and external boundaries of these, but also universal parts, such as the “humanity” which is an (...) essential part of both Tom and Dick, and also “individual relations”, such as Tom’s promise to Dick, or their current handshake. (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)

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)

Philosophers of mind typically conduct their discussions in terms of mental events, mental processes, mental properties, mental states – but rarely in terms of minds themselves. Sometimes this neglect is explicitly acknowledged. Donald Davidson, for example, writes that ‘there are no such things as minds, but people have mental properties, which is to say that certain psychological predicates are true of them. These properties are constantly changing, and such changes are mental events’.2 Hilary Putnam agrees, though for somewhat different reasons: (...) The view I have long defended is that the mind is not a thing; talk of our minds is talk of world-involving capabilities that we have and activities that we engage in. As Dewey succinctly put it, “Mind is primarily a verb. It denotes all the ways in which we deal consciously and expressly with the situation in which we find ourselves. Unfortunately, an influential manner of thinking has changed modes of action into an underlying substance that performs the activities in question. It has treated mind as an independent entity which attends, purposes, cares and remembers”. But the traditional view, by treating mental states as states of the “underlying substance”, makes them properties of something “inside”, and, if one is a materialist philosopher, that means properties of our brains. So the next problem naturally seems to be: “Which neurological properties of our brains do these mental properties ‘reduce’ to?” For how could our brains have properties that aren’t neurological? And this is how materialist philosophers saw the problem until the advent of such new alternatives in the philosophy of mind and philosophy of language as Functionalism and Semantic Externalism. (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)

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)

‘Substance’ (substantia, zelfstandigheid) is a key term of Spinoza’s philosophy. Like almost all of Spinoza’s philosophical vocabulary, Spinoza did not invent this term, which has a long history that can be traced back at least to Aristotle. Yet, Spinoza radicalized the traditional notion of substance and made a very powerful use of it by demonstrating – or at least attempting to demonstrate -- that there is only one, unique substance -- God (or Nature) -- and that all (...) other things are merely modes or states of God. Some of Spinoza’s readers understood these claims as committing him to the view that only God truly exists, and while this interpretation is not groundless, we will later see that this enticing and bold reading of Spinoza as an ‘acosmist’ comes at the expense of another audacious claim Spinoza advances, i.e., that God/Nature is absolutely and actually infinite. But before we reach this last conclusion, we have a long way to go. So, let me first provide an overview of our plan. In the first section of this paper we will examine Spinoza’s definitions of ‘substance’ and ‘God’ at the opening of his magnum opus, the Ethics. Following a preliminary clarification of these two terms and their relations to the other key terms defined at the beginning of the Ethics, we will briefly address the Aristotelian and Cartesian background of Spinoza’s discussion of substance. In the second section, we will study the properties of the fundamental binary relations pertaining to Spinoza’s substance: inherence, conception, and causation. The third section will be dedicated to a clarification of Spinoza’s claim that God, the unique substance, is absolutely infinite. This essential feature of Spinoza’s substance has been largely neglected in recent Anglo-American scholarship, a neglect which has brought about an unfortunate tendency to domesticate Spinoza’s metaphysics to more contemporary views. The fourth section will study the nature of Spinoza’s monism. It will discuss and criticize the interesting yet controversial views of the eminent Spinoza scholar, Martial Gueroult, about the plurality of substances in the beginning of the Ethics; address Spinoza’s claim in Letter 50 that, strictly speaking, it is improper to describe God as “one”; and, finally, evaluate Spinoza’s kind of monism against the distinction between existence and priority monism recently introduced into the contemporary philosophical literature. The fifth and final section will explain the nature, reality, and manner of existence of modes. We therefore have an ambitious plan; let’s get down to business. (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)

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)

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)

Yitzhak Melamed here offers a new and systematic interpretation of the core of Spinoza's metaphysics. In the first part of the book, he proposes a new reading of the metaphysics of substance in Spinoza: he argues that for Spinoza modes both inhere in and are predicated of God. Using extensive textual evidence, he shows that Spinoza considered modes to be God's propria. He goes on to clarify Spinoza's understanding of infinity, mereological relations, infinite modes, and the flow of finite (...) things from God's essence. In the second part of the book, Melamed relies on this interpretation of the substance-mode relation and the nature of infinite modes and puts forward two interrelated theses about the structure of the attribute of Thought and its overarching role in Spinoza's metaphysics. First, he shows that Spinoza had not one, but two independent doctrines of parallelism. Then, in his final main thesis, Melamed argues that, for Spinoza, ideas have a multifaceted structure that allows one and the same idea to represent the infinitely many modes which are parallel to it in the infinitely many attributes. Thought turns out to be coextensive with the whole of nature. Spinoza cannot embrace an idealist reduction of Extension to Thought because of his commitment to the conceptual separation of the attributes. Yet, within Spinoza's metaphysics, Thought clearly has primacy over the other attributes insofar as it is the only attribute which is as elaborate, as complex, and, in some senses, as powerful as God. (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)

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)

Argues that traditional Catholic understanding of transubstantiation is obscured by modern metaphysics' neglect of the category of substance, and by modern semantic assumptions about how words signify.

While most discussions of corruption focus on administration, institutions, the law and public policy, little attention in the debate about societal reform is paid to the “internalities” of anti-corruption efforts, specifically to character-formation and issues of personal and corporate integrity. While the word “integrity” is frequently mentioned as the goal to be achieved through institutional reforms, even in criminal prosecutions, the specifically philosophical aspects of character-formation and the development of corporate and individual virtues in a rational and systematic way tend (...) to be neglected. This paper focuses on the “internalities” of anti-corruption work with special emphasis on the pre-requisites that need to be ensured on behalf of the social elites in order for proper individual and collective character- formation to take place throughout the society. The author argues that a systematic pursuit of socially recognised virtues, both those pertaining to society as a whole and those specific to particular professions and social groups, is the most comprehensive and strategically justified way of pursuing anti-corruption policy, while institutional and penal policies can only serve an auxiliary role. The pursuit of institutional and criminal justice policies against corruption in a society that is subject to increasing relativism with regard to values and morality is at best ineffective, and at worst socially destructive. Thus the paper suggests a re-examination of the social discourse on the level of what the author calls “value strategy” and the gradual building of a plan to create and solidify specifically designed features of “corporate character” for key sectors of the society. This approach can serve as the main long-term strategy to improve the public profile of integrity and reinforce morality in both the public and civil sectors. (shrink)

Descartes claims that God is a substance, and that mind and body are two different and separable substances. This paper provides some background that renders these claims intelligible. For Descartes, that something is real means it can exist in separation, and something is a substance if it does not depend on other substances for its existence. Further, separable objects are correlates of distinct ideas, for an idea is distinct (in an objective sense) if its object may be easily (...) and clearly separated from everything that is not its object. It follows that if our idea of God is our most distinct idea, as Descartes claims, then God must be a substance in the Cartesian sense of the term. Also, if we can have an idea of a thinking subject which does not in any sense refer to bodily things, and if bodily things are substances, then mind and body must be two different substances. (shrink)

In this paper, we argue for a novel three-dimensionalist solution to the problem of persistence, i.e. cross-temporal identity. We restrict the discussion of persistence to simple substances, which do not have other substances as their parts. The account of simple substances employed in the paper is a trope-nominalist strong nuclear theory, which develops Peter Simons' trope nominalism. Regarding the distinction between three dimensionalism and four dimensionalism, we follow Michael Della Rocca's formulation, in which 3D explains persistence in virtue of same (...) entities and 4D in virtue of distinct entities. SNT is a 3D'ist position because it accounts for the persistence of simple substances in virtue of diachronically identical ‘nuclear’ tropes. The nuclear tropes of a simple substance are necessary for it and mutually rigidly dependent but distinct. SNT explains qualitative change by tropes that are contingent to a simple substance. We show that it avoids the standard problems of 3D: temporal relativization of ontic predication, Bradley's regress and coincidence, fission and fusion cases. The temporal relativization is avoided because of the analysis of temporary parts that SNT gives in terms of temporal sub-location, which is atemporal part–whole relation. (shrink)

This paper seeks to determine the extent of anti-corruption information disclosure in the sustainability reports originating from Gulf countries. Focus primarily on the fight against corruption, this study utilizes a deeply-rooted content analysis technique of corporate sustainability reporting, covering 66 Gulf Cooperation Council (GCC) firms during 2014. Strengthened by the application of institutional theory, insight into the results points to a state of limited maturity regarding the disclosure of anti-corruption procedures in the region. More specifically, the results highlight the compliance (...) in the reporting of conduct code, while reporting information on whistle-blowing was significantly less in comparison. Firms in Qatar and UAE ultimately release better informed reports; inclusive of detailed information on internal anti-corruption practices. (shrink)

ABSTRACTIn this article, we explore the debate on corporate citizenship and the role of business in global governance. In the debate on political corporate social responsibility it is assumed that under globalization business is taking up a greater political role. Apart from economic responsibilities firms assume political responsibilities taking up traditional governmental tasks such as regulation of business and provision of public goods. We contrast this with a subsidiarity-based approach to governance, in which firms are seen as intermediate actors who (...) have political co-responsibilities in society endowed upon them by national governmental institutions. We argue that both approaches face conceptual and empirical problems, and do not make clear the content and scope of political corporate responsibility. Based on Iris Marion Young’s account of political responsibility we argue that corporate actors and governmental actors have a shared responsibility to tackle societal problems. Taking political corporate responsibility not only entails engaging in private action or engaging in public–private partnerships, but it also includes aiding governmental actors to remedy injustice or even create public institutions where they do not yet exist. By adding this perspective we contribute to the debate on responsibility in corporate citizenship and clarify the political role business can play in global governance. (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)

The constitutions of many nations have been explicitly or implicitly founded upon principles of the social contract derived from Thomas Hobbes. The Hobbesian egoism at the base of the contract fairly accurately represents the structure of market enterprise. A contractarian analysis may, then, allow for justified or rationally acceptable universal standards to which businesses should conform. This paper proposes general rational restrictions upon multi-national enterprises, and includes a critique of unjustified restrictions recently proposed by the Organization for Economic Cooperation and (...) Development (OECD). I propose restrictions that may be tighter than the OECD and international law currently demand, because reason requires that the activities of enterprises accord with standards of environmental and governmental sustainability in addition to consortium, national law and international law agreements. I argue that it is justifiable that indictments may be presented by a citizen or a government against the local arm of a multinational enterprise in response to violations committed by an arm within a different country. (shrink)