Greatly aided by an information age in which protesting laborers in a remote offshore outpost can capture front page headlines around the globe, theSarbanes-Oxley Act of 2002 (SARBOX) has made corporate transparency the linchpin for good corporate governance. Under a SARBOX-enhancedregulatory framework, publicly traded corporations are required to rapidly disclose material changes in their financial conditions or operations—changes such as impairments to goodwill, a trademark, or some other intangible corporate asset. Especially challenging for multinational corporations (MNCs) with far-flung corporate empires (...) is the need to stay abreast of the ebb and flow of goodwill, at a time when transnational human rights groups are aggressively mobilizing world opinion against the sweatshop labor conditions that abound at the offshore production sites favored by MNCs. The author explains why the convergence of a digital age of free-flowing information and the advent of SARBOX, a legislative enactment of paraenetic design, is causing the boards of MNCs to more critically evaluate the long-term costs of their offshore operations. (shrink)

In industrial societies where civil law and state institutions have become well established secular vehicles for governing the populace, it is widely assumed that the state no longer has an interest in fortifying the religious sector as a complementary source of social control. Thus, a distinction is drawn between the Islamic state that is ruled by religious law and the secular state of Western industrial societies in which religion is deemed to have lost its influence in the public sphere. This (...) dissertation argues that civil law is not religiously neutral and thus challenges a central premise of secularization theory. Introducing a new theoretical model that classifies civil law on the basis of its purpose-to protect religious liberty, engage or fortify the religious sector, or to advance universal norms-the author examines the impact of the three different types of legislation upon religious freedom and the individual autonomy of religious minorities in Sweden, an aggressively secularized industrial society. The author concludes that, viewed from the standpoint of a religious nonconformist, there is no discernible difference between living in a society that is overtly ruled by religious law (e.g., an Islamic state) and living in a "secular” society that is ruled by civil law either embedded with religious norms or designed to facilitate state appropriation of the religious sector as a complementary means of social control. In either environment, the author argues, the religious nonconformist will be forced to conform to the religious norms of the predominant religious group. (shrink)

Plato’s partition argument infers that the soul has parts from the fact that the soul experiences mental conflict. We consider an ambiguity in the concept of mental conflict. According to the first sense of conflict, a soul is in conflict when it has desires whose satisfaction is logically incompatible. According to the second sense of conflict, a soul is in conflict when it has desires which are logically incompatible even when they are unsatisfied. This raises a dilemma: if the mental (...) conflict is supposed to be the latter kind of conflict, then the partition argument is valid but is likely unsound; if it’s supposed to be the former kind, then the partition argument has true premises but is invalid. We explain this dilemma in detail and defend a dispositionalist solution to it. (shrink)

When comparing alternative courses of action, modern military decision makers often must consider both the military effectiveness and the ethical consequences of the available alternatives. The basis, design, calibration, and performance of a principles-based computational model of ethical considerations in military decision making are reported in this article. The relative ethical violation (REV) model comparatively evaluates alternative military actions based upon the degree to which they violate contextually relevant ethical principles. It is based on a set of specific ethical principles (...) deemed by philosophers and ethicists to be relevant to military courses of action. A survey of expert and non-expert human decision makers regarding the relative ethical violation of alternative actions for a set of specially designed calibration scenarios was conducted to collect data that was used to calibrate the REV model. Perhaps unsurprisingly, the survey showed that people, even experts, disagreed greatly amongst themselves regarding the scenarios’ ethical considerations. Despite this disagreement, two significant results emerged. First, after calibration the REV model performed very well in terms of replicating the ethical assessments of human experts for the calibration scenarios. The REV model outperformed an earlier model that was based on tangible consequences rather than ethical principles, that earlier model performed comparably to human experts, the experts outperformed human non-experts, and the non-experts outperformed random selection of actions. All of these performance comparisons were measured quantitatively and confirmed with suitable statistical tests. Second, although humans tended to value some principles over others, none of the ethical principles involved—even the principle of not harming civilians—completely overshadowed all of the other principles. (shrink)

This article integrates John Dewey’s _Art as Experience_, Mikel Dufrenne’s _Phenomenology of Aesthetic Experience_, and phenomenological interviews with museum visitors to answer what it means to be ‘moved by art’. The interviews point to intense affective and existential experiences, in which encounters with art can be genuinely transformative. We focus on Dufrenne’s notion of ‘adherent reflection’ and Dewey’s notions of ‘doing and undergoing’ to understand the intentional structure and dynamics of such experiences, concluding that being moved contains two merged forms (...) of intentionality: one overt aspect of perceptual intentionality directed at the work, and a covert affective intentionality directed back at oneself in one’s situated existence. These are operational simultaneously but can work in loops, one leading to an intensification of the other and vice versa. As such, these analyses emphasize the value of phenomenological interviews and advance the integration of phenomenological and pragmatist thinking in the context of aesthetic experience. (shrink)

Music presents itself as a process, a continuation, following through. Musical works and music experience is perceived as development, succession, dialogical reaching out and harmonizing. Not one process but many. Among those various processes that make music the author focuses on a specific process of human development, which occurs during listening as much as during performing music. This is a process of growing and self-realization. In the course of the paper following the processual character of music, author turns to Maurice (...) Merleau-Ponty and Mikel Dufrenne in the phenomenological tradition, to Jerrold Levinson and his understanding of music through a listening moment to moment process and also to Theodor Adorno and his way of explaining music as a process of dialectical development. (shrink)

In this paper I revisit a dispute between Mikel Burley and Robin Le Poidevin about whether or not the B-theory of time can give its adherents any reason to be less afraid of death. In ‘Should a B-theoretic atheist fear death?’, Burley argues that even on Le Poidevin’s understanding of the B-theory, atheists shouldn’t be comforted. His reason is that the prevalent B-theoretic account of our attitudes towards the past and future precludes treating our fear of death as unwarranted. I (...) examine his argument and provide a tentative defense of Le Poidevin. I claim that while Burley rightly spots a tension with a non-revisionary approach to our ordinary emotional life, he doesn’t isolate the source of that tension. The real question is how to understand Le Poidevin’s idea that on the B-theory, we and our lives are ‘eternally real’. I then suggest that there is a view of time that does justice to Le Poidevin’s remarks, albeit a strange one. The view takes temporal relations to be quasi-spatial and temporal entities to exist in a totum simul. (shrink)

This chapter examines Wittgenstein’s battles with the profound anxiety that can arise in response to a sense of the radical contingency of everything one is and everything one cares about. By giving particular attention to entries in Wittgenstein’s ‘Koder Diaries’ from the 1930s, the chapter analyses the nature of ‘the problem of life’ both as it manifested in Wittgenstein’s own life and as a universally relevant problem. It then defends the seriousness of the problem by reconstructing ways in which Wittgenstein (...) might have responded to questions about whether life really is as problematically precarious as his most angst-ridden diary entries seem to presume. (Abstract adapted from Mikel Burley’s ‘Introduction: Wittgenstein, Religion and Ethics: Seeing the Connections’, p. 7). (shrink)

The value of up-hill skiing is double, it is first a sport and artistic expression, second it incorporates functional dependencies related to the natural obstacles which the individual aims to overcome. On the artistic side, M. Dufrenne shows the importance of living movement in dance, and we can compare puppets with dancers in order to grasp the lack of intentional spiritual qualities in the former. The expressivity of dance, as for, Chi Gong, ice skating or ski mountaineering is a particular (...) innocence and lightness which is called grace. It is life without the burden of worries. Grace, in slow progression uphill on snow, is as dance for Dufrenne, it has the most central and specific aesthetical quality of life. Others compared dance to a landscape, a landscape is for the sight, what dance is for life, a symbolical space, different from a usual space, where utility and dependency are present. A mountain can be a space of experience of natural beauty. Aesthetical qualities can be closely related to function related qualities as when a climber needs to adjust his movements to the natural convex inclination of the rocks, and avoid slippery forms of inclination, present on the other side of the mountain. The natural object, the quality of the snow or the rock differ from the aesthetical quality of the style of ascent by the absence of neutralization of the object, in case of a purely instrumental approach. On the contrary, grace in the rhythm of the progression of ski climbers needs a difference of attitude, which is not only proper to the playing, and delimited by the conditions of that play, but as a contingency driven attitude, without signification as radical alterity, without any finality. First ascent of the Matterhorn succeeded from the Swiss side, and not from the Italian side because of the different inclination of the rock on both sides. Grace in dance as in martial art or mountaineering is allowing to perceive an autonomy of the expression, as the truth of the perceived object, it puts away a cognitive and practical orientation and replaces it by a new meaning as movement in the whole set of movements done by the climber. This replacement of the functional expression resembles that operated by the painter who chooses a color in the whole set of colors in a painting, or a shape in the whole set of possible existing shapes. -/- Ref. Dufrenne, Mikel, (1989): The Phenomenology of Aesthetic Experience. Studies in Phenomenology and Existential Philosophy, trans. by Edward S. Casey, 1st publ. in 1953, Evanston: Northwestern University Press. (shrink)

In recognizing the wide range of sensuous perception and at the same time the originary capacity of aesthetic experience, Mikel Dufrenne has shown us the rich capabilities of phenomenology. It is in that spirit that this essay explores musical performance. Music is a multiple art. Its many traditions, forms, genres, and styles, its large variety of instruments and sounds, and its diverse uses and occasions make it difficult to speak of music as a single art form. There are, nonetheless, certain (...) common characteristics that all musics share in the ordering of successive sounds and silences in movement, pattern, and studied length. And, of course, these sounds and silences must be devised and generated, usually by a person but increasingly by other means, especially electronic. Finally, music has its contexts, the particular occasions when it is produced and heard. Perhaps there is indeed a generic musical art, a common ground where all these disparities come together. (shrink)

This essay addresses the question of virtual church, particularly on whether or not liturgy can be done virtually. We will approach our subject from a somewhat unusual perspective by looking to types of aesthetic experiences which we have been doing “virtually” for a long time. By exploring how we experience art in virtual and physical contexts, we gain insight into the corresponding experiences in liturgical practices. Drawing on Mikel Dufrenne, Maurice Merleau-Ponty and Gabriel Marcel, I first examine the importance of (...) the body when we experience “presence” in aesthetic environments. Next, I consider the weight of the body in experiences of presence in liturgical practices, both in person and virtual, guided again by Gabriel Marcel as well as Bruce Ellis Benson, Emmanuel Falque, Christina Gschwandtner and Éric Palazzo. Through these reflections, I argue that what art teaches us about the significance of the physical closeness of the human applies to the practice of liturgy and that, while unexpected benefits will surface in virtual settings, nothing replaces the powerful experiences that arise when the body is physically present. (shrink)