The Law Society recently published a practice note titled 'Prosecutions of victims of trafficking'. This practice note comes many years after many lawyers had highlighted the problem and after the government machinery had chuntered into action and passed the UK Modern Slavery Act 2015 with explanatory notes and non-statutory guidelines for corporations. Since 2012 there had been issued warnings about the way defence lawyers, the Crown Prosecution Service and the UK police were dealing with trafficking and the (...) Criminal Cases Review Commission as far back as 2012 had note the severe failings by defence solicitors, prosecution and police, leading to many appeals and potential miscarriages of justice. Even in 2012 there were 946 known human trafficking victims, including 234 children. There was an attempt at a Human Trafficking Bill in 2010 which came to a halt and several reports including one by the Prison Reform Trust and Cambridge University Press, notwithstanding many books by notable academics for many years before today. This article examines the inadequacies of the Law Society practice note on defending victims and the jumble of high-ideals but short-sighted and impractical parts of the UK Modern Slavery Act 2015. (shrink)

Much of the literature on impairment to self-governance focuses on cases in which a person either lacks the ability to protect herself from errant urges or cases in which a person lacks the capacity to initiate self-reflective agential processes. This has led to frameworks for thinking about self-governance designed with only the possibility of these sorts of impairments in mind. I challenge this orthodoxy using the case of melancholic depression to show that there is a third way that self-governance can (...) be undermined: an agent may fail to form the desire she most wants to act on. (shrink)

Australia is a leading AI nation with strong allies and partnerships. Australia has prioritised the development of robotics, AI, and autonomous systems to develop sovereign capability for the military. Australia commits to Article 36 reviews of all new means and method of warfare to ensure weapons and weapons systems are operated within acceptable systems of control. Additionally, Australia has undergone significant reviews of the risks of AI to human rights and within intelligence organisations and has committed to producing ethics (...) class='Hi'>guidelines and frameworks in Security and Defence. Australia is committed to OECD’s values-based principles for the responsible stewardship of trustworthy AI as well as adopting a set of National AI ethics principles. While Australia has not adopted an AI governance framework specifically for Defence; Defence Science has published ‘A Method for Ethical AI in Defence’ (MEAID) technical report which includes a framework and pragmatic tools for managing ethical and legal risks for military applications of AI. (shrink)

Scientists have the ability to influence policy in important ways through how they present their results. Surprisingly, existing codes of scientific ethics have little to say about such choices. I propose that we can arrive at a set of ethical guidelines to govern scientists’ presentation of information to policymakers by looking to bioethics: roughly, just as a clinician should aim to promote informed decision-making by patients, a scientist should aim to promote informed decision-making by policymakers. Though this may sound (...) like a natural proposal, I show it offers guidance that conflicts with standard scientific practices. I conclude by considering one cost of the proposal: that it would prevent scientists from acting as advocates in a way that is currently common in certain fields. I accept that the proposal would restrict scientists’ political advocacy rights, but argue that the benefits of adopting it — promoting democratic governance — justify the restriction. (shrink)

My research is a result of accumulated provocation of obsolete and paralyzing education that has been frozen since the middle ages. We have to admit that before the pandemic, education was already in crisis. Governments have been ignoring to adopt any comprehensive plan to reform the educational systems till it has been unprecedently disrupted by COVID-19. I try through this paper to make a global call for governments to immediately start cooperating together for setting international qualifications framework that best suit (...) future competencies. This call should be prioritized on the world agenda. It would be more plausible for governments, UNESCO and other education stakeholders to seize the opportunity of the 2020 disruption of life cycle for the maximum benefit of humanity. For this to happen we need exceptional leaders with extraordinary vision to transform education instead of ensuring children can keep learning and that every single child returns to school after the pandemic. Another challenge to be expected is the reduction in education budgets being under pressure as governments shift spending towards the health and economic response to the pandemic. The impact of schools closing on a generation of children will be immense on the long term. We must act now to save the education and life chances of generations of youth. At this time of unprecedented crisis, the world must come together to protect education and put it at the very heart of the global recovery effort. Recovery, not as before but as convenient and sustainable with the perspective requirements. It is time to expose youth to real life experiences; we need our children to learn about finance from characters like Jef Bezos or Bill Gates or Mukesh Ambani; to learn about psychology from John Anderson, Eliot Aronson and Ahmed Ukasha; to know approaches of math and physics as Elon Musk and Steve Wozniak. We shouldn't settle for less when it comes to building minds and souls of our children. With all due respect to teachers and university professors, they are not the only best option for qualifying and training our youth for tomorrow's challenges. However, those entrepreneurs are not teachers or willing to be, education specialists and strategists are required to set the vision and the procedures required to pave the way for highly practical competencies framework. Analgesics are no longer feasible. (shrink)

Rollback arguments focus on long sequences of actions with identical initial conditions in order to explicate the luck problem that indeterminism poses for libertarian free will theories (i.e. the problem that indeterministic actions appear arbitrary in a free-will undermining way). In this paper, I propose a rollback argument for probability incompatibilism, i.e. for the thesis that free will is incompatible with all world-states being governed by objective probabilities. Other than the most prominently discussed rollback arguments, this argument explicitly focusses on (...) the ability to act otherwise. It argues that the negligible probability of the relative frequencies in overall rollback patterns being relevantly different indicates that even the ability to act otherwise with regard to individual actions is not free-will enabling. My proposed argument provides probability incompatibilists with a tool to argue against a classical event-causal response to the luck problem, while it can still motivate an agent-causal response to it. (shrink)

I provide a new account of what it is for the laws of nature to govern the evolution of events. I locate the source of governance in the content of law propositions. As such, I do not appeal to primitive notions of ground, essence, or production to characterize governance. After introducing the account, I use it to outline previously unrecognized varieties of governance. I also specify that laws must govern to have two theoretical virtues: explanatory power as well as (...) a theoretical virtue I call expansiveness. A theory is expansive, roughly, when it can do more with less. (shrink)

Artificial intelligence has arrived. In the online world it is already a part of everyday life, sitting invisibly behind a wide range of search engines and online commerce sites. It offers huge potential to enable more efficient and effective business and government but the use of artificial intelligence brings with it important questions about governance, accountability and ethics. Realising the full potential of artificial intelligence and avoiding possible adverse consequences requires societies to find satisfactory answers to these questions. This (...) report sets out some possible approaches, and describes some of the ways government is already engaging with these issues. (shrink)

Scepticism about ought simpliciter is the view that there is no such thing as what one ought simpliciter to do. Instead, practical deliberation is governed by a plurality of normative standpoints, each authoritative from their own perspective but none authoritative simpliciter. This paper aims to resist such scepticism. After setting out the challenge in general terms, I argue that scepticism can be resisted by rejecting a key assumption in the sceptic’s argument. This is the assumption that standpoint-relative ought judgments bring (...) with them a commitment to act in accordance with those judgments. Instead, I propose an alternative account of our normative concepts according to which only ought simpliciter judgments commit one to acting in accordance with those judgments. In addition to answering the sceptical challenge, the proposal offers an independently motivated account of what makes a concept normatively authoritative. (shrink)

The COVID-19 pandemic has been overwhelming public health-care systems around the world. With demand exceeding the availability of medical resources in several regions, hospitals have been forced to invoke triage. To ensure that this difficult task proceeds in a fair and organised manner, governments scrambled experts to draft triage guidelines under enormous time pressure. Although there are similarities between the documents, they vary considerably in how much weight their respective authors place on the different criteria that they propose. Since (...) most of the recommendations do not come with ethical justifications, analysing them requires that one traces back these criteria to their underlying theories of distributive justice. In the literature, COVID-19 triage has been portrayed as a value conflict solely between utilitarian and egalitarian elements. While these two accounts are indeed the main antipodes, I shall show that in fact all four classic theories of distributive justice are involved: utilitarianism, egalitarianism, libertarianism, and communitarianism. Detecting these in the documents and classifying the suggested criteria accordingly enables one to understand the balancing between the different approaches to distributive justice—which is crucial for both managing the current pandemic and in preparation for the next global health crisis. (shrink)

Technologies to rapidly alert people when they have been in contact with someone carrying the coronavirus SARS-CoV-2 are part of a strategy to bring the pandemic under control. Currently, at least 47 contact-tracing apps are available globally. They are already in use in Australia, South Korea and Singapore, for instance. And many other governments are testing or considering them. Here we set out 16 questions to assess whether — and to what extent — a contact-tracing app is ethically justifiable.

Alongwith the major organ of the doctrinal operations, the Permanent Resolution Act, this research presented a situation review article on the Doctrine of the Chittagong Peace Process in Bangladesh with few global strikeable issues. Unarmed surviving Parbatya Chittagong nation of Buddhists population in Bangladesh has not yet been able to form their government since 1997 to 2023, so it has been assumed that Prime Minister Sheikh Hasina & Awami League Government of Bangladesh (ALGOB) cheated to weaponless freedom fighters (...) Buddhists people by taking their weapons through the Chittagong Hill Tracts Peace Accord 1997 that was signed between Bangladesh and Chittagong HillTracts in order to a Commonwealth of Independence of Autonomy Government, Formation of Legislative Assembly House and Parliament Building Construction, which is also the last official initiative of the Parbatya Peace Process in the Chinese Belt and Road. Following the theater of war between the US-led NATO—Ukraine alliance and the Russian Federation, the 3rd World War situations intended to expand between Bangladesh and Myanmar. This doctrinal paper has been presented through codification of situations of the post-seizure war-fighting battles surviving cold and silent conflicts in Parbatya, Chittagong Hill Tracts, in order to deliver the seized nation onto a free pathway. (shrink)

This paper develops and motivates a unification theory of metaphysical explanation, or as I will call it, Metaphysical Unificationism. The theory’s main inspiration is the unification account of scientific explanation, according to which explanatoriness is a holistic feature of theories that derive a large number of explananda from a meager set of explanantia, using a small number of argument patterns. In developing Metaphysical Unificationism, I will point out that it has a number of interesting consequences. The view offers a novel (...) conception of metaphysical explanation that doesn’t rely on the notion of a “determinative” or “explanatory” relation; it allows us to draw a principled distinction between metaphysical and scientific explanations; it implies that naturalness and fundamentality are distinct but intimately related notions; and perhaps most importantly, it re-establishes the unduly neglected link between explanation and understanding in the metaphysical realm. A number of objections can be raised against the view, but I will argue that none of these is conclusive. The upshot is that Metaphysical Unificationism provides a powerful and hitherto overlooked alternative to extant theories of metaphysical explanation. (shrink)

This paper offers a normative account of the speech act of explanation with understanding as its norm. The previous accounts of the speech act of explanation rely on the factive notion of understanding and maintain that proper explanations require knowledge. I argue, however, that such accounts are too demanding and do not reflect the everyday practice of explanation and the attribution of understanding. Instead, I argue that the non-factive, objectual attitude of understanding is sufficient for a proper explanation. On the (...) normative level, explanations are governed by an audience-centred norm, i.e., they are sensitive to the epistemic position of the audience. According to the proposed account, an explanation is a communicative act in which one puts the audience in a position to understand the explained phenomenon. This proposal fits into the recent wave of applications of the normative account and makes space for the pluralism of illocutionary acts. (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)

Jus post Bellum is, like Jus ad Bellum and Jus in Bello, a part of just war theory. Jus post Bellum is distinguished from the other parts of just war theory by being primarily concerned with the principles necessary for securing a just and lasting peace after the end of a war. Traditionally, jus post bellum has focused primarily on three goals: [1] compensating those who have been the victims of unjust aggression, while respecting the rights of the aggressors, [2] (...) punishing and rehabilitating those guilty of war crimes and other violations of the principles of Jus ad Bellum and Jus in Bello and [3] developing measures that will prevent future war and violence (Orend 2000 and May 2012). In this chapter, I outline an account of political forgiveness and explain the role that political forgiveness can have in promoting the goals of jus post bellum. My conception of political forgiveness requires some unpacking. Let me begin with individual forgiveness, which I understand along familiar Butlerian lines as the renunciation of resentment (Butler, Sermon IX in McNaughton 2017: 75-83), though with a bit of a twist. More exactly, ● An individual, I, forgives J for doing F if and only if I renounces all her own warrant for resenting J for doing F. Resentment is a judgment-sensitive attitude, and, therefore, it tends to track judgments concerning its warrant (Scanlon 1998: 20 and Smith 2015). In cases of perfect forgiveness, I’s renunciation causes her to cease feeling resentment toward J for doing F, though, of course, less perfect cases are possible. I reject the idea that there is a sharp discontinuity between individual and political forgiveness, a position argued for by, e.g., Peter Digeser (1998 and 2001). By contrast, I understand political forgiveness as the renunciation of resentment by the relevant political body in question. With greater precision, ● A sovereign political body, P, forgives J for doing F if and only if P renounces all warrant that its citizens have for resenting, as part of their public lives, J for doing F. A little more explanation is in order. Sovereign political bodies, such as national governments, claim degrees of control over the lives of their citizens, in both their public and their private aspects, though the claims with respect to the former tend to be considerably more expansive than the claims with respect to the latter. I assume here that, at least in the case of legitimate governments, these claims of control are often valid. Such governments may reasonably renounce certain grounds for motivating action in the public sphere. For example, governments may renounce all warrant that its citizens have, as part of their public lives, for hating members of marginalized groups. In practice, this means that, while citizens might continue to act in their private lives out of hatred for members of these groups, their appeal to this hatred is seen by the state as irrelevant to matters of law and public policy as well as being wholly out-of-place in public discourse. Political forgiveness toward J for doing F, as I understand it, involves an analogous rejection of resentment, on the part of citizens in their public lives, toward J for doing F. I turn now to the matter of how political forgiveness supports securing a just and lasting peace between former belligerents. With respect to the first goal of jus post bellum, political forgiveness helps to balance compensation for victims and respect for the rights of defeated aggressors by countering the all-too-human tendency to overvalue harms done to oneself and to members of one’s group. As regards the second goal, political forgiveness plays a similar role but also provides a model for rehabilitation by exemplifying among the victorious the behavior to be emulated by the vanquished. Finally, political forgiveness promotes the third goal of jus post bellum by providing a space for nations to meet as moral equals rather than allowing one nation to have the moral high ground over the other. None of this, of course, means that political forgiveness should be unearned or that it should be confused with condonation (Kolnai 1973 and Pettigrove 2004). However, the question of what is required to put oneself in a position to be forgiven as part of jus post bellum is a matter that goes beyond the scope of this chapter. (shrink)

Some theorists of normative explanation argue that we can make sense of debates between first-order moral theories such as consequentialism and its rivals only if we understand their explanations of why the right acts are right and the wrong acts are wrong as generative (e.g. grounding) explanations. Others argue that the standard form of normative explanation is, instead, some kind of unification. Neither sort of explanatory monism can account for all the explanations of particular moral facts that moral theorists (...) seek to state and defend. This paper argues that we can do better if we accept normative explanatory pluralism, the view that at least some particular explananda in normative inquiry have more than one type of correct complete explanation. Such pluralism is supported by what goes on in actual moral inquiry, parallels an independently plausible form of pluralism about scientific explanation, and can offer principled responses to central objections. (shrink)

The UK has been slack in fulfilling its international obligations regarding human trafficking. The UK Modern Slavery Act 2015 has apparently nothing to say about the demand for women trafficked into prostitution, although it addresses the demand for other forms of trfficking though the supply chain provisins in the Act. The UK has disappointed many in condoning prostitution, as Lady Butler-Sloss describes as 'one of the longest standing industries'. However it is one of the longest-standing forms of exploitation. The Act (...) instead, has given much importance to modern -day slavery. An effective way of tackling demand for prostitution and the attendant exploitation would be to make it an offence to purchase someone for sex. Yet perhaps the point is that to curb modern-day slavery is to curb prostitution and pornography, through curbing the supply side. However the UK hasragged its feet over many years, especially when one considers that Internet pornography brings in over £4 billion annually to the UK Gross Domestic Product. (shrink)

According to hedonistic act utilitarianism, an act is morally right if and only if, and because, it produces at least as much pleasure minus pain as any alternative act available to the agent. This dissertation gives a partial defense of utilitarianism against two types of objections: action guidance objections and intuitive objections. In Chapter 1, the main themes of the dissertation are introduced. The chapter also examines questions of how to understand utilitarianism, including (a) how to best formulate the moral (...) explanatory claim of the theory, (b) how to best interpret the phrase "pleasure minus pain," and (c) how the theory is related to act consequentialism. The first part (Chapters 2 and 3) deals with action guidance objections to utilitarianism. Chapter 2 defines two kinds of action guidance: doxastic and evidential guidance. It is argued that utilitarianism is evidentially but not doxastically guiding for us. Chapter 3 evaluates various action guidance objections to utilitarianism. These are the objections that utilitarianism, because it is not doxastically guiding, is a bad moral theory, fails to be a moral theory, is an uninteresting and unimportant moral theory, and is a false moral theory. The second part (Chapters 4, 5 and 6) deals with intuitive objections to utilitarianism. Chapter 4 presents three intuitive objections: Experience Machine, Transplant, and Utility Monster. Three defenses of utilitarianism are subsequently evaluated. Chapter 5 and 6 introduces two alternative defenses of utilitarianism against intuitive objections, both of which concern the role that imagination plays in thought experimentation. In Chapter 5, it is argued that we sometimes unknowingly carry out the wrong thought experiment when we direct intuitive objections against utilitarianism. In many such cases, we elicit moral intuitions that we believe give us reason to reject utilitarianism, but that in fact do not. In Chapter 6, it is argued that using the right kind of sensory imagination when we perform thought experiments will positively affect the epistemic trustworthiness of our moral intuitions. Moreover, it is suggested that doing so renders utilitarianism more plausible. In Chapter 7, the contents of the dissertation are summarized. (shrink)

The theory of document acts is an extension of the more traditional theory of speech acts advanced by Austin and Searle. It is designed to do justice to the ways in which documents can be used to bring about a variety of effects in virtue of the fact that, where speech is evanescent, documents are continuant entities. This means that documents can be preserved in such a way that they can be inspected and modified at successive points in time and (...) grouped together into enduring document complexes. We outline some components of a theory of document acts, and show how it can throw light on certain problems in Searle’s ontology of social reality. (shrink)

What makes it the case that an utterance constitutes an illocutionary act of a given kind? This is the central question of speech-act theory. Answers to it—i.e., theories of speech acts—have proliferated. Our main goal in this chapter is to clarify the logical space into which these different theories fit. -/- We begin, in Section 1, by dividing theories of speech acts into five families, each distinguished from the others by its account of the key ingredients in illocutionary acts. Are (...) speech acts fundamentally a matter of convention or intention? Or should we instead think of them in terms of the psychological states they express, in terms of the effects that it is their function to produce, or in terms of the norms that govern them? In Section 2, we take up the highly influential idea that speech acts can be understood in terms of their effects on a conversation’s context or “score”. Part of why this idea has been so useful is that it allows speech-act theorists from the five families to engage at a level of abstraction that elides their foundational disagreements. In Section 3, we investigate some of the motivations for the traditional distinction between propositional content and illocutionary force, and some of the ways in which this distinction has been undermined by recent work. In Section 4, we survey some of the ways in which speech-act theory has been applied to issues outside semantics and pragmatics, narrowly construed. (shrink)

This article examines public administration from 1890 to 2023 to see how it evolved and influenced practice and if good governance is a crucial component in this transformation. This paper presents an in-depth review of several different pieces of secondary literature sources. This paper produced several key findings. The most important finding of this literature study is that, between 1890 and 1980, the Public Administration transitioned from "Traditional Public Administration" to "New Public Management" due to the growing need for good (...) governance. The year 2000 saw the birth of a novel idea in public administration known as "New Public Governance," which has persisted in practice ever since. This paper will be useful to Public Administration practitioners worldwide. There has been little empirical research into how the evolution of Public Administration encourages governments to act more like private corporations. Consequently, more research on this subject is encouraged. (shrink)

In her paper, “The Non-Governing Conception of Laws,” Helen Beebee argues that it is not a conceptual truth that laws of nature govern, and thus that one need not insist on a metaphysical account of laws that makes sense of their governing role. I agree with the first point but not the second. Although it is not a conceptual truth, the fact that laws govern follows straightforwardly from an important (though under-appreciated) principle of scientific theory choice combined with a highly (...) plausible claim about the connection between scientific theory choice and theory choice in metaphysics. I present and defend this argument and then show how the resulting understanding of governance gives rise to an especially strong version of recent explanatory circularity arguments against Humeanism about laws of nature. Finally, I present three options for a further understanding of the governance relation that are compatible with my argument. (shrink)

This paper discusses two approaches to climate ethics for practicalreflection and decision-making in concrete local climate changegovernance. After a brief review of the main conceptual frameworksin climate ethics research, we show that none of these leadingapproaches is sufficiently context specific and pluralistic to provideguidance appropriate for concrete local climate governance. Asalternatives, we present principlism as a methodology of midlevelprinciples and environmental pragmatism as an ethicalapproach. We argue that the two methodologies of principlismand pragmatism offer a new pluralistic framework that allows (...) realworldconditions and contexts to be properly integrated into ethicalanalysis and decision-making in climate governance. (shrink)

Manfred Eigen employs the terms language and communication to explain key recombination processes of DNA as well as to explain the self-organization of human language and communication: Life processes as well as language and communication processes are governed by the logic of a molecular syntax, which is the exact depiction of a principally formalizable reality. The author of the present contribution demonstrates that this view of Manfred Eigen’s cannot be sufficiently substantiated and that it must be supplemented by an approach (...) based on linguistic pragmatics. (shrink)

Throughout the biological and biomedical sciences there is a growing need for, prescriptive ‘minimum information’ (MI) checklists specifying the key information to include when reporting experimental results are beginning to find favor with experimentalists, analysts, publishers and funders alike. Such checklists aim to ensure that methods, data, analyses and results are described to a level sufficient to support the unambiguous interpretation, sophisticated search, reanalysis and experimental corroboration and reuse of data sets, facilitating the extraction of maximum value from data sets (...) them. However, such ‘minimum information’ MI checklists are usually developed independently by groups working within representatives of particular biologically- or technologically-delineated domains. Consequently, an overview of the full range of checklists can be difficult to establish without intensive searching, and even tracking thetheir individual evolution of single checklists may be a non-trivial exercise. Checklists are also inevitably partially redundant when measured one against another, and where they overlap is far from straightforward. Furthermore, conflicts in scope and arbitrary decisions on wording and sub-structuring make integration difficult. This presents inhibit their use in combination. Overall, these issues present significant difficulties for the users of checklists, especially those in areas such as systems biology, who routinely combine information from multiple biological domains and technology platforms. To address all of the above, we present MIBBI (Minimum Information for Biological and Biomedical Investigations); a web-based communal resource for such checklists, designed to act as a ‘one-stop shop’ for those exploring the range of extant checklist projects, and to foster collaborative, integrative development and ultimately promote gradual integration of checklists. (shrink)

This study investigates the adequacy of the current corporate governance frameworks by evaluating their efficiency relative to the context of crises. The Covid-19 pandemic is identified as the ideal case study on the merit that it has significant implications for corporate governance theory and practice. The study work from the premise that the current crisis situation necessitates a thorough evaluation of the readiness of the existing corporate governance regimes. While cognizant to the fact that the pandemic is still unfolding, this (...) thesis concedes that the current corporate governance frameworks are not necessarily inadequate to address the crisis situation, rather, they are still evolving to meet the challenge of the day. The thesis therefore suggests that certain areas of governance (including corporate purpose, the integration of digital technologies and cyber security systems, and heightened attention to environmental and social issues) should receive more attention in the future. The principal conclusion of this study is that there is a need to review corporate governance practices and policies in light of new emerging challenges. The study concludes with guidelines for corporate governance practices during times of crisis. (shrink)

Despite its pertinence to every field of study, no systematic theory exists for the exploration of the unknown world of new knowledge. In order to construct such a theory, this paper draws on the unique and highly refined principles of military strategy, in the process demonstrating the universal applicability of such principles and developing an effective analogy for the process of research. Such principles include diverging advance, converging attack, and selecting the superior and eliminating the inferior. In seeking further discoveries, (...) one should search for more possibilities, attack more aims, and confound the front line. The theory presented in this paper is also a means to further the unification of science. For no matter what the individuals look like, (soldiers, particles, cells, consumers, producers, stockholders, or concepts), what they pursue, (victory, negative action, viability, pleasure, profit, investment return, or knowledge), or what relationship exists between opponents, (hostile, mysterious, adaptive, reciprocal, cooperative, or explanatory), the result is always an unknown world in which individuals are exploring. It is reasonable to suppose that the exploration of the unknown world is a common property among individuals. (shrink)

This study investigates the adequacy of the current corporate governance frameworks by evaluating their efficiency relative to the context of crises. The Covid-19 pandemic is identified as the ideal case study on the merit that it has significant implications for corporate governance theory and practice. The study work from the premise that the current crisis situation necessitates a thorough evaluation of the readiness of the existing corporate governance regimes. While cognizant to the fact that the pandemic is still unfolding, this (...) thesis concedes that the current corporate governance frameworks are not necessarily inadequate to address the crisis situation, rather, they are still evolving to meet the challenge of the day. The thesis therefore suggests that certain areas of governance (including corporate purpose, the integration of digital technologies and cyber security systems, and heightened attention to environmental and social issues) should receive more attention in the future. The principal conclusion of this study is that there is a need to review corporate governance practices and policies in light of new emerging challenges. The study concludes with guidelines for corporate governance practices during times of crisis. (shrink)

Unusual among Western philosophers, Schopenhauer explicitly drew on Hindu and especially Buddhist traditions inhis moral philosophy. He saw plurality, especially the plurality of human persons, as a kind of illusion; in reality all is one, and compassionate acts express an implicit recognition of this oneness. Max Scheler retains the transcendence of self aspect of compassion but emphasizes that the subject must have a clear, lived sense of herself as a distinct individual in order for that transcendence to take place properly. (...) This feature is absent in the Buddhist tradition. Feminist philosophers of the early second wave built on this insight (only occasionally drawing it from Scheler) to recognize ways women are often not socialized to develop this distinctive sense of self, therefore harming their ability to engage in compassion and other forms of care for others. Iris Murdoch adds a Freudian-inspired (though Freud influenced Scheler also) pessimism about the ability of humans to keep their identities sufficiently distinct from the other to allow a clear view of the other, and thus real care and help to the other to take place. But in her later work, Murdoch explicitly recognizes and draws on the Buddhist tradition of oneness and transcendence of the self. Group solidarities can partake of aspects of Buddhist oneness and self-transcendence, for example the sense of fellowship in a social justice movement in which Blacks draw on a shared identity to experience connection, compassion, empathy, and solidarity with one another. But social justice movements also allow for a solidarity across racial lines, grounded in the shared commitment to justice, including justice for one of the groups in the solidarity community. (All these issues are powerfully portrayed in the 2014 film, Selma.) None of these solidarities, however, express the universalistic dimension of Buddhist oneness. (shrink)

The creation of guidelines has long been a popular means of conveying normative requirements in scientific and medical research. The recent case of He Jiankui, whose research flouted both widely accepted ethical standards and a set of field-specific guidelines he co-authored, raises the question of whether guidelines are an effective means of preventing misconduct. This paper advances the theory that guidelines can facilitate moral rationalization, a form of motivated reasoning. Moral rationalization in research occurs when individuals (...) justify their actions with plausible reasons that cohere with their moral standards. This allows them to act as they want while believing in their own goodness. If guidelines facilitate moral rationalization, this has implications for research ethics training and for the work of applied ethicists. Research ethics training ought to incorporate reflection on conative features of reasoning, including incentives to commit misconduct, and applied ethicists ought to be circumspect about their use of ethics guidelines. Otherwise, they are feeding the fire of rationalization with the cognitive material practitioners need to accomplish their desired ends. (shrink)

I demonstrate that a "speech act" theory of meaning for imperatives is—contra a dominant position in philosophy and linguistics—theoretically desirable. A speech act-theoretic account of the meaning of an imperative !φ is characterized, broadly, by the following claims. -/- LINGUISTIC MEANING AS USE !φ’s meaning is a matter of the speech act an utterance of it conventionally functions to express—what a speaker conventionally uses it to do (its conventional discourse function, CDF). -/- IMPERATIVE USE AS PRACTICAL !φ's CDF is to (...) express a practical (non-representational) state of mind—one concerning an agent's preferences and plans, rather than her beliefs. -/- Opposed to speech act accounts is a preponderance of views which deny that a sentence's linguistic meaning is a matter of what speech act it is used to perform, or its CDF. On such accounts, meaning is, instead, a matter of "static" properties of the sentence—e.g., how it depicts the world as being (or, more neutrally, the properties of a model-theoretic object with which the semantic value of the sentence co-varies). On one version of a static account, an imperative 'shut the window!' might, for instance, depict the world as being such that the window must be shut. -/- Static accounts are traditionally motivated against speech act-theoretic accounts by appeal to supposedly irremediable explanatory deficiencies in the latter. Whatever a static account loses in saying (prima facie counterintuitively) that an imperative conventionally represents, or expresses a picture of the world, is said to be offset by its ability to explain a variety of phenomena for which speech act-theoretic accounts are said to lack good explanations (even, in many cases, the bare ability to offer something that might meet basic criteria on what a good explanation should be like). -/- I aim to turn the tables on static accounts. I do this by showing that speech act accounts are capable of giving explanations of phenomena which fans of static accounts have alleged them unable to give. Indeed, for a variety of absolutely fundamental phenomena having to do with the conventional meaning of imperatives (and other types of practical language), speech act accounts provide natural and theoretically satisfying explanations, where a representational account provides none. (shrink)

Abstract: For the last two decades, land and land-related problems are more complicated ever before. Especially the proliferation of large-scale rural land investments and the vulnerability of the local communities in land abundant developing countries instigated researchers, human right activists, and international and regional organizations to proposed governance guidelines, principles, and codes of conduct for large-scale land investments. To identify policy flaws on the protection of local community rights under the governance process of large-scale rural land investment in Amhara (...) National Regional State Ethiopia the commonalities of those international and regional accepted governance guiding lines and principles are taken as a point of reference to examine the land governance policies of the region through the approach of document analysis. The result shows all legislation with regard to the governance of large-scale rural land investment is flawed throughout the land policy reform processes and identified five ways in which the de jure land-related rights of the local communities are compromised and exacerbated the vulnerability of their livelihoods. (shrink)

Democratic theorists are usually dismissive about the idea that citizens act “through” their representatives and often hold persons to exercise true political agency only at intervals in elections. Yet, if we want to understand representative government as a proper form of democracy and not just a periodical selection of elites, continuous popular agency must be a feature of representation. This article explores the Kantian attempt to justify that people can act “through” representatives. I call this the “exercise view” of (...) representation and defend its superiority to the “opportunity view,” which I attribute to Locke. It is superior because it has a robust conception of rationality and collective action, allowing us to understand how representation can mediate public reason. (shrink)

Canada’s Tri-Council Policy Statement: Ethical conduct for research involving humans, first published in 1998, has recently been updated.1 The US Department of Health and Human Services has just issued an Advance Notice of Proposed Rulemaking that would substantially change the 20-year-old Common Rule governing most federally funded research involving human participants.2 A comparison of the two countries’ systems for protecting human research participants is therefore timely. This analysis situates the Canadian system in an international context, with particular attention to its (...) similarities and differences to the US system and their shared challenges going forward with their changes. (shrink)

WINNER BEST SOCIAL PHILOSOPHY BOOK IN 2021 / NASSP BOOK AWARD 2022 -/- Together we can often achieve things that are impossible to do on our own. We can prevent something bad from happening or we can produce something good, even if none of us could do it by herself. But when are we morally required to do something of moral importance together with others? This book develops an original theory of collective moral obligations. These are obligations that individual moral (...) agents hold jointly, but not as unified collective agents. To think of some of our obligations as joint or collective is the best way of making sense of our intuitions regarding collective moral action problems. Where we have reason to believe that our efforts are most efficient as part of a collective endeavor we may incur collective obligations together with others who are similarly placed as long as we are able to establish compossible individual contributory strategies towards that goal. The book concludes with a discussion of “massively shared obligations” to large-scale moral problems such as global poverty. (shrink)

Good governance, first appeared in the nineties within the United Nations, the World Bank and International Monetary Fund refers to describe how public organizations best conduct public affairs and deliver public goods and services. Today, about three decades later good governance seems to be still popular since there are still many challenges ahead for many governments especially in less-developed and developing countries. Hence the notion of good governance was emerged as a normative commencement of the principles, values and ethics to (...) realise the acts of governance. Some thoughts on good governance and related topics advocated by three great ancient philosophers, who appear to be relevant at the present time are considered herein. One of the said philosophers is Kautilya (also known as Chanakya and Vishnugupta), who lived in India around 150AD. The others are the two great Greek philosophers Plato (427- 347BC) and Aristotle (384-322 BC), who stand with Socrates as the shapers of the whole intellectual tradition of the West. The thoughts are extracted from that detailed manual of state-craft and the science of living known as the Arthashastra written by one of classical India’s greatest minds Kautilya, Plato’s great work known as ‘The Republic’ and Aristotle’s treatise titled ‘The Politics”. The objective of this paper is to study the thoughts of ancient Greek philosophers who lived many centuries ago and their ideas are still relevant today. (shrink)

In this paper, I argue that the ‘social meanings’ associated with sociolinguistic variation put pressure on the standard philosophical conception of language, according to which the foremost thing we do with words is exchange information. Drawing on parallels with the explanatory challenge posed by slurs and pejoratives, I argue that the best way to understand social meanings is to think of them in speech act theoretic terms. I develop a distinctive form of pluralism about the performances realized by means (...) of sociolinguistic variants, and I claim that engagement with such performances is an utterly pervasive feature of our linguistic activity. (shrink)

The need to act in networks and to function in a society where we relate in complex fashions has fostered the use of data in accordance with distributed models. In a big data context, the individual is often overcome with the sentiment that one’s life does not matter, nor does it make a difference. What are sought are trends, and since there is no detached observer, those change things as much as they measure them. Where can we find a vantage (...) point, a ‘topsight’ necessary before the conception of any program? One could seek it in the direction of a collective figure, somewhat like the Leviathan of Hobbes, made up in its gigantism of smaller figures. Those that have been schooled in the classical tradition, or philosophia perennis, might think that we are abandoning solid realism, which seeks a conformation of statements, propositions, and language to what there is. They might criticize the reign of opinion. But what we entered into is not, upon closer inspection, some overarching paradigm of truth as success. It is rather a rationality of the likely, and it requires assessing the truths that can seem distributed between alternating or competing positions. But then, to seek decisions despite this, is to erase from our world this ‘esprit de finesse’ which Pascal deemed necessary to balance the illusions of a procedural mathematical rationality claiming that its end-products are simply in correspondence with reality. When we gather information, we frame it within an ontology for classification purposes, but this does not import with itself the immanence of this information as endogenous power to harmonise and give form. Feeling, as Whitehead construed it, seeks to take within it a receptivity to the world in order to turn it into an internalised representation. For this, it needs to be possible for a part of the world to reflect in itself the whole. Yet, this reflection is not a totalisation in an immaterial data range, it is rather a grounding in the mystery of the flesh, which is found here as a signpost on the way, if we are to heal dreams of complete mastery. (shrink)

We are agents: we can deliberate about what to do, and then act on the basis of that deliberation. We are also capable of normative self-governance: we can identify and respond to reasons as reasons. Many theorists believe that these two capacities are intimately connected. On the basis of this connection they conclude that practical reasoning must be carried out under the guise of a justification. This paper explores two strategies for avoiding that conclusion. The first, which just denies the (...) connection between agency and normative self-governance, is rejected as too costly, since it leaves the normative significance of agency unexplained. The second, which suggests that we can respond to a consideration as a reason without representing it as a reason, seems more promising, but it requires a reductive account of reasons for action. The upshot is that metaethics and action theory are entwined in ways that few have recognized. (shrink)

The modern form of government resort their legitimacy to democracy and Republican concept. In any viable way, the political power no longer entertains the dynasty or any divinity from the religion. Then who are responsible to make us fateful if we are any kind of citizen in a polity. Often it is true that the government has to be an amalgam of power elites, and divided for a limited government. The modern democratic constitutionalism considered this aspect any (...) most in primacy to defend or promote their privileges or vision. This root context of civil interaction around 17th and 18th centuries has underlain the modern form of democratic state. Within the concern of these two points, the paper has explored the main feature of limited government in the liberal constitutionalism, which deals with the separation of powers principle, distribution of governmental powers and some of controversies involving the social legislation and role of public officers. I hope that it could be a lesson for the public officer of both camps, one as realistically and the other in the context of analogical insights. Hopefully, I may expect that the following research may be bred in socialist tension of states about how the public officers are structured to act and could liberate themselves to progress. (shrink)

In this paper I argue that, according to Plato’s Statesman, true statesmen directly control, administer, or govern none of the affairs of the city. Rather, administration and governance belong entirely to the citizens. Instead of governing the city, the task of the statesman is to facilitate the citizens’ successful self-governance or self-rule. And true statesmen do this through legislation, by means of which they inculcate in the citizens true opinions about the just, the good, the fine, and the opposites of (...) these. (shrink)

Biobanks act as the custodians for the access to and responsible use of human biological samples and related data that have been generously donated by individuals to serve the public interest and scientific advances in the health research realm. Risk assessment has become a daily practice for biobanks and has been discussed from different perspectives. This paper aims to provide a literature review on risk assessment in order to put together a comprehensive typology of diverse risks biobanks could potentially face. (...) Methodologically set as a typology, the conceptual approach used in this paper is based on the interdisciplinary analysis of scientific literature, the relevant ethical and legal instruments and practices in biobanking to identify how risks are assessed, considered and mitigated. Through an interdisciplinary mapping exercise, we have produced a typology of potential risks in biobanking, taking into consideration the perspectives of different stakeholders, such as institutional actors and publics, including participants and representative organizations. With this approach, we have identified the following risk types: economic, infrastructural, institutional, research community risks and participant’s risks. The paper concludes by highlighting the necessity of an adaptive risk governance as an integral part of good governance in biobanking. In this regard, it contributes to sustainability in biobanking by assisting in the design of relevant risk management practices, where they are not already in place or require an update. The typology is intended to be useful from the early stages of establishing such a complex and multileveled biomedical infrastructure as well as to provide a catalogue of risks for improving the risk management practices already in place. (shrink)

Mentalities like scientism and relativism idealise or belittle science respectively, and thus hurt science education and our literacy. However, it seems very hard to avoid the former mentality without sliding to the latter, and vise versa. I will suggest that part of what makes balancing between the two so difficult, is a representational account of meaning that science educators, like most of us really, usually endorse. Scientism then, arises from the assumption that ​there is such a thing called science​. Relativism, (...) on the other hand, assumes that ​there is no such thing called science,t​hereisnorealmeaningattachedtotheterm​.Wittgenstein'sremarksonrule-following then, could help us escape this twofold danger. Addressing scientism, Wittgensteinian writings remind us that, in order to understand the sciences, we do not need to point to some mental referendum of what science is. We rather need to grasp a matrix of overlapping, often implicit, always evolving rules that govern scientific practices. Addressing relativism, Wittgenstein's comments help us realise that there are always certain criteria about what kinds of things we call by a name; there are rules governing scientific practices, rules that even though they may be context dependent or evolving, are always in play. (shrink)

Recently, Piccinini and Craver have stated three theses concerning the relations between functional analysis and mechanistic explanation in cognitive sciences: No Distinctness: functional analysis and mechanistic explanation are explanations of the same kind; Integration: functional analysis is a kind of mechanistic explanation; and Subordination: functional analyses are unsatisfactory sketches of mechanisms. In this paper, I argue, first, that functional analysis and mechanistic explanations are sub-kinds of explanation by scientific (idealized) models. From that point of view, we must take into account (...) the tradeoff between the representational/explanatory goals of generality and precision that govern the practice of model-building. In some modeling scenarios, it is rational to maximize explanatory generality at the expense of mechanistic precision. This tradeoff allows me to put forward a problem for the mechanist position. If mechanistic modeling endorses generality as a valuable goal, then Subordination should be rejected. If mechanists reject generality as a goal, then Integration is false. I suggest that mechanists should accept that functional analysis can offer acceptable explanations of cognitive phenomena. (shrink)

The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...) sound analysis of the substantive basis for the defence and its relationship to the principles of criminal responsibility; and (2) uses precise legal criteria to govern practical application of section 265(4) to the evidence in specific cases. The guidelines proposed in Part I are based on analyses of the substantive defence and culpable awareness and were developed to ensure that appropriate criteria are properly used when section 265(4) is applied. When a trial judge rules that the defence is available in law, the trier of fact must determine whether the defence is available on the facts as found, based on the evidence in the case. The model jury instructions proposed in Part II are designed to ensure that deliberations by the trier of fact are also guided and shaped by appropriate legal criteria. At both stages, the objective is to ground the deliberation process on fact, not fiction, and to regulate the exculpatory effect of the defence by using legal norms to exclude excuses based on extra-legal considerations such as sexual/racial fantasy, stereotype and myth, or community attitudes and custom. (shrink)

By using the general investigation framework offered by the cognitive science of religion (CSR), I analyse religion as a necessary condition for the evolutionary path of knowledge. The main argument is the "paradox of the birth of knowledge": in order to get to the meaning of the part, a sense context is needed; but a sense of the whole presupposes the sense (meaning) of the parts. Religion proposes solutions to escape this paradox, based on the imagination of sense (meaning) contexts, (...) respectively closures of these contexts through meta-senses. What is important is the practical effectiveness of solutions proposed by religion, taking into account the costs of faith and the costs of the absence of religious belief. The hypothesis has the following consequences: religion is a necessary condition for the initial evolution of knowledge and the emergence of religion is determined by the evolution of knowledge. The continuation of the solving of paradox is a Bayesian one, using explorations: a sense of the whole allows cognitive arrangements of the parties, which in turn open the possibility of a rearrangement of the whole. The contribution of religion to the emergence of sense (meaning) could be governed by the rule: any map of the world is more useful than no map; any meaning (of life) is better than no meaning. The human mind fills the perceptual and cognitive gaps, some (religious) filling solutions being true vault keys of the entire cognitive construction called the world. Knowledge is conditioned by the existence of an organized context, as the cosmos created by religion by means of explanatory meta-theories supports knowledge by closing the cognitive context and using meaning networks. The proposed analysis is consistent with a redefinition of rationality from the perspective of evolution: the importance and relevance of knowledge is determined by its practical outcome - survival. In the context of useful fictions, it does not matter what God actually does, but what we have done by believing in God. Existence has provided a pragmatic verification of the cognitive solutions that underlie the survival strategies promoted by religions. (shrink)

Utilitarians are supposed to have difficulty accounting for our obligation to keep promises. But utilitarians also face difficulties concerning our obligation to make promises. Consider any situation in which the options available to me are acts A, B, C… n, and A is utility maximizing. Call A+ the course of action consisting of A plus my promising to perform A. Since there appear to be a wide range of instances in which A+ has greater net utility then A, utilitarianism obligates (...) us to make far more promises than even the most expansive views concerning our obligations to make promises would acknowledge. (shrink)

As governments around the world imposed lockdowns or stay-at-home measures, people began to feel the stress as time dragged on. There were already reports on some individuals committing suicide. How do governments respond to such a phenomenon? Our main focus is the Philippine government and how it responded to the COVID-19 pandemic. In this paper, we argue that the problem with COVID-19 went forth just dealing with physical health. First, people suffer not just from being infected but the psychological (...) stress of possibly getting the virus and the toll of the government lockdown or quarantine. Second, the Philippine Bayanihan ‘We Heal As One Act’ lacks focus on mental health issues while the government's response seemed to focus on security issues. Third, there are countries around the world that have acted effectively in protecting people’s mental health. Lastly, we propose appropriate measures to help address the people's mental health while still in the pandemic and for a future one. (shrink)

First, we explain the conception of trustworthiness that we employ. We model trustworthiness as a relation among a trustor, a trustee, and a field of trust defined and delimited by its scope. In addition, both potential trustors and potential trustees are modeled as being more or less reliable in signaling either their willingness to trust or their willingness to prove trustworthy in various fields in relation to various other agents. Second, following Alfano (forthcoming) we argue that the social scale of (...) a potential trust relationship partly determines both explanatory and normative aspects of the relation. Most of the philosophical literature focuses on dyadic trust between a pair of agents (Baier 1986, Jones 1996, Jones 2012, McGeer 2008, Pettit 1995), but there are also small communities of trust (Alfano forthcoming) and trust in large institutions (Potter 2002, Govier 1997, Townley & Garfield 2013, Hardin 2002). The mechanisms that induce people to extend their trust vary depending on the size of the community in question, and the ways in which trustworthiness can be established and trusting warranted vary with these mechanisms. Mechanisms that work in dyads and small communities are often unavailable in the context of trusting an institution or branch of government. Establishing trust on this larger social scale therefore requires new or modified mechanisms. In the third section of the paper, we recommend three policies that – we argue – tend to make institutions more trustworthy and to reliably signal that trustworthiness to the public. First, they should ensure that their decision-making processes are as open and transparent as possible. Second, they should make efforts to engage stakeholders in dialogue with decision-makers such as managers, members of the C-Suite, and highly-placed policy-makers. Third, they should foster diversity – gender, ethnicity, age, socioeconomic background, disability, etc. – in their workforce at all levels, but especially in management and positions of power. We conclude by discussing the warrant for distrust in institutions that do not adopt these policies, which we contend is especially pertinent for people who belong to groups that have historically faced (and in many cases still do face) oppression. (shrink)