The moral justification of intellectual property is often called into question when placed in the context of pharmaceutical patents and global health concerns. The theoretical accounts of both John Rawls and Robert Nozick provide an excellent ethical framework from which such questions can be clarified. While Nozick upholds an individuals right to intellectual property, based upon its conformation with Lockean notions of property and Nozicks ideas of just acquisition and transfer, Rawls emphasizes the importance of basic liberties, (...) such as an individuals right to health, superceding such secondary rights as intellectual property rights. From a policy perspective, patent protection for pharmaceutical products necessarily entails the balancing of corporate intellectual property interests and public interests in healthcare. The moral dilemma that occurs when these two interests clash is not easily resolved. Aside from corporate and public interests, the state maintains an interest in creating and preserving policies that regulate the moral dilemma itself. This paper analyzes the economic and ethical factors surrounding the production and distribution of the anti-HIV medication, AZT. Potential policy implications and recommendations are also discussed. (shrink)

I argue against group agent realism, or the view that groups have irreducible mental states. If group agents have irreducible mental states, as realists assume, then the best group agent realist explanation of corporate agents features only basic mental states with at most one motivational function each. But the best group agent realist explanation of corporate agents does not feature only basic mental states with at most one motivational function each. So corporate agents lack irreducible mental states. (...) How so? I defend the conditional with an argument from disagreement. On cognitivist approaches to desire, desires function to both motivate and represent the world. Yet such desires are subject to a significant amount of disagreement. Reflection on the folk-psychological properties of desire and belief suggest that this disagreement is better explained by a non-cognitivist approach to desire where they do not have both functions. I then defend the claim that realists are committed to at least some cognitivist motivational states. Using the example of fire brigades, I argue that the best realist explanation of group agents involves mental states with both representational and motivational functions. By modus tollens, corporations then lack irreducible mental states, period. (shrink)

The Article analyzes the notion of legal “thinghood” in the context of the person–thing bifurcation. In legal scholarship, there are numerous assumptions pertaining to this definition that are often not spelled out. In addition, one’s chosen definition of “thing” is often simply taken to be the correct one. The Article scrutinizes these assumptions and definitions. First, a brief history of the bifurcation is offered. Second, three possible definitions of “legal thing” are examined: Things as nonpersons, things as rights and duties, (...) and things as property. The first two definitions are rejected as not being very interesting or serving any heuristic function. Conversely, understanding legal things as property is meaningful, useful, and helps to understand what it means to say that animals are legally things. Defining things as property has certain rather important implications, which are analyzed at the end of the Article. For instance, not everything needs to be either a person or a thing: The historical institution of outlawry involved treating individuals neither as legal persons nor as legal things. One must conclude that the person–thing bifurcation is less fundamental than is often assumed. (shrink)

Public discussions of ethical issues related to the biotechnology industry tend to treat "biotechnology" as a single, undifferentiated technology. Similarly, the pros and cons associated with this entire sector tend to get lumped together, such that individuals and groups often situate themselves as either "pro-" or "anti-" biotechnology as a whole. But different biotechnologies and their particular application context pose very different challenges for ethical corporate decision-making. Even within a single product category, different specialty products can pose strikingly different (...) ethical challenges. In this paper, we focus on the single over-arching category of "genetic testing" and compare tests for disease susceptibility and drug response. We highlight the diversity of ethical challenges - grouped under the broad categories of "truth in advertising" and "protecting intellectual property" - raised by the commercialization and marketing of these technologies. By examining social and technical differences between genetic tests, and the associated corporate ethics challenges posed by their commercialization, our intent is to contribute to the nascent business ethics literature examining issues raised by the development and marketing of genetic tests. (shrink)

A citizens’ movement in Berlin advocates for the expropriation of housing corporations and has won a significant majority in a popular referendum in September 2021. Building on this proposal, this paper develops a general account of expropriation as a measure for corporate reform and thereby contributes to the ongoing debate on the democratic accountability of business corporations. It argues that expropriation is a valuable tool for intervention in a dire situation in some economic sector to enable a re-structuring of (...) the governance of the assets in question. Compared with other tools available, expropriation is a more forward-looking, genuinely political measure that does not depend on the legal assignment of guilt but rather proceeds in a pragmatic and problem-oriented manner. It also allows us to reconsider in how far the market mechanism should be employed in the administration of assets. Objections from private property rights against expropriation fail as corporations generally are privileged, quasi-public institutions that can justifiably be subject to democratic interventions. Expropriation is thus an important addition to the arsenal of corporate reform proposals, especially for those concerned with a broad democratization of the corporation. (shrink)

Two property regimes for software development may be distinguished. Within corporations, on the one hand, a Private Regime obtains which excludes all outsiders from access to a firm's software assets. It is shown how the protective instruments of secrecy and both copyright and patent have been strengthened considerably during the last two decades. On the other, a Public Regime among hackers may be distinguished, initiated by individuals, organizations or firms, in which source code is freely exchanged. It is argued (...) that copyright is put to novel use here: claiming their rights, authors write `open source licenses' that allow public usage of the code, while at the same time regulating the inclusion of users. A `regulated commons' is created. The analysis focuses successively on the most important open source licenses to emerge, the problem of possible incompatibility between them (especially as far as the dominant General Public License is concerned), and the fragmentation into several user communities that may result. (shrink)

American business's fascination with both laborsaving devices and low wage environments is causing not only structural unemployment and dissipation of the nation's industrial base but also the deterioration of abandoned host communities. According to individualist understandings of the right of private property, this deterioration is beyond sanction except insofar as it affects the property rights of others. But corporate stockholders and managers should not be considered the only owners of property the value of which is due (...) in part to the investments of employees and of the host community. The contributions of the latter should therefore be adequately recognized in law. Short-term job protection and long-term planning for leisure are helpful. But still more important is a recognition in public policy of the interests of the community in property owned by corporations. There is ample precedent in our legal traditions for public preemption of private property; but in contrast to much taking in the past, this must be exercized in a manner that is truly for the public benefit. (shrink)

For the past three years, Coronavirus-19 (Covid-19) has become one of the major global health problems. Unlike any previous virus in the past decades, Covid-19 has shown its unprecedented spreading speed, infection rate, fatality rate, etc. Under this urgent disease outbursting event, scientists around the globe, through the myriad of research and experiments, successfully developed effective vaccines. However, like many other medical innovations, Covid-19 vaccines are categorized as intellectual properties and a scarce resource. As a consequence, the citizens of developed (...) and developing countries face an imbalanced distribution of affordable vaccines. The formation of this issue is not only due to manufacturing, transportation, and other infrastructures, but also strongly correlated with aspects in the legal field, such as intellectual property rights (IPRs). With a humane common sense of vaccination many people, through comparative research method, this article aims to discuss the conflicts between the global crisis of Force Majeure and the interests of certain countries or corporations, possible solutions to resolve this conflict, and future coping strategies that ought to be published. (shrink)

The journalistic device of applying military imagery to describe business strategies is appropriate insofar as businesses implicitly base their strategies on a military model whose origins lie in Social Darwinism. What this involves is an unexamined understanding that any means may be adopted to achieve corporate objectives. Recent workforce reductions are manifestations of this understanding; but so are practices associated with mergers and acquisitions and with government-effectuated takings. Regulation, rather than being overbroad, cannot contain these corporate excesses; and (...) social pressure is an underdeveloped counterforce. Business ethics will remain futile, unfortunately, so long as its practitioners assume a peacetime state of affairs and businesses assume a state of war. (shrink)

ABSTRACT. This essay addresses the interpretation of Descartes’ understanding of the mind-body relationship as a substantial union in light of a statement he makes in the Passions de l’âme regarding the role of the blood and vital heat. Here, it seems Descartes cites these corporeal properties as the essential dispositions responsible for accommodating the soul into the human fetus. I argue that this statement should be read in the context of certain medical texts with which Descartes was familiar, namely those (...) of Jean Fernel and William Harvey. Reviewing Fernel’s comments on substantial union, one finds that the soul joins the body on the basis of a celestial spirit that not only bears the vital heat, it also directs the generation of the body. Similar to Harvey, Descartes locates these properties in the blood itself, although, in contrast to Harvey, Descartes reduces these processes to matter and motion. Finally, I highlight the role this heat plays in Descartes’ embryological writing, contrasting it with that of Fernel. I conclude that although Descartes makes various comments supporting a reading of the mind-body relation as a substantial union, his physiological writings on generation and his idea of ‘life’ contradict this interpretation. -/- . (shrink)

The text offers a comprehensive introduction to business law and the Jordanian legal system. The textbook provides for key concepts and terms, contract basics, corporate structures, legal aspects of buying and selling, common pitfalls, international business issues and more. The text is comprehensive, in that there are chapters that cover what one would expect a business law text to cover, including intellectual property, real property, insurance, and bankruptcy.

This paper argues that private property and rights assignment, especially as applied to communication infrastructure and information, should be informed by advances in both technology and our understanding of psychology. Current law in this area in the United States and many other jurisdictions is founded on assumptions about human behavior that have been shown not to hold empirically. A joint recognition of this fact, together with an understanding of what new technologies make possible, leads one to question basic assumptions (...) about how law is made and what laws we should have in a given area, if any. I begin by analyzing different aspects of U.S. law, from a high-level critique of law making to a critique of rights assignment for what I call 'simple nonrival goods.' I describe my understanding, as a non-lawyer with a background in psychology and computing, of the current conventions in U.S. law, consider the foundational assumptions that justify current conventions, describe advances in psychology and technology that call these conventions into question, and briefly note how the law might normatively change in this light. I then apply this general analysis to the question of domain name assignment by the Internet Corporation for Assigned Names and Numbers (ICANN). (shrink)

'An alarming and illuminating book. The story of how we have allowed private corporations to patent genes, to stockpile human tissue, and in short to make profits out of what many people feel ought to be common goods is a shocking one. No one with any interest at all in medicine and society and how they interact should miss this book, and it should be required reading for every medical student,'--Philip Pullman.

In his article ‘The Metaverse: Surveillant Physics, Virtual Realist Governance, and the Missing Commons,’ Andrew McStay addresses an entwinement of ethical, political, and metaphysical concerns surrounding the Metaverse, arguing that the Metaverse is not being designed to further the public good but is instead being created to serve the plutocratic ends of technology corporations. He advances the notion of ‘surveillant physics’ to capture this insight and introduces the concept of ‘virtual realist governance’ as a theoretical framework that ought to guide (...) Metaverse design and regulation. This commentary article primarily serves as a supplementary piece rather than a direct critique of McStay’s work. First, I flag certain understated or overlooked nuances in McStay’s discussion. Then, I extend McStay’s discussion by juxtaposing a Lockean inspired argument supporting the property rights of Metaverse creators with an opposing argument advocating for a Metaverse user's ‘right to virtual abundance,’ informed by the potential of virtual reality technology to eliminate scarcity in virtual worlds. Contrasting these arguments highlights the tension between corporate rights and social justice in the governance of virtual worlds and bears directly on McStay’s assertion that there is a problem of the missing commons in the early design of the Metaverse. (shrink)

This article argues that shareholder primacy cannot be defended on the grounds that there is something special about the position of shareholders that grounds a right to preferential treatment on part of management. The notions of property and contract, traditionally thought to ground such a right, are now widely recognized as incapable of playing that role. This leaves shareholder theorists with two options. They can either abandon the project of arguing for their view on broadly deontological grounds and try (...) to advance consequentialist arguments instead, or they can search for other morally relevant properties that could ground shareholder rights. The most sustained argument in the latter vein is Marcoux’s attempt to show that the vulnerability of shareholders mandates that managers are their fiduciaries. I show that this argument leads to the unacceptable conclusion that it would be unethical for corporations to make incomplete contracts with nonshareholding stakeholders. (shrink)

The claim is frequently made that structured collections of individuals who are themselves subjects of mental and cognitive states – such collections as courts, countries, and corporations – can be, and often are, subjects of mental or cognitive states. And, to be clear, advocates for this so-called group-minds hypothesis intend their view to be interpreted literally, not metaphorically. The existing critical literature casts substantial doubt on this view, at least on the assumption that groups are claimed to instantiate the same (...) species of mental and cognitive properties as individual humans. In this essay, I evaluate a defensive move made by some proponents of the group-oriented view: to concede that group states and individual states aren’t of the same specific natural kinds, while holding that groups instantiate different species of mental or cognitive states – perhaps a different species of cognition itself – from those instantiated by humans. In order to evaluate this defense of group cognition, I develop a view of natural kinds – or at least of the sort of evidence that supports inferences to the sameness of natural kind – a view I have previous dubbed the ‘tweak-and-extend’ theory. Guided by the tweak-and-extend approach, I arrive at a tentative conclusion: that what is common to models of individual cognitive processing and models of group processing does not suffice to establish sameness of cognitive (or mental) kinds, properties, or state-types, not even at a generic or overarching level. (shrink)

The research has three objectives: 1) to study the concept of Heisenberg’s uncertainty principle, 2) to study the concept of reality and knowledge in Buddhist philosophy, and 3) to analyze the concept of Heisenberg’s uncertainty principle in Buddhist philosophical perspective. This is documentary research. In this research, it was found that Heisenberg's uncertainty principle refers to the experiment of thought while studying physical reality on smaller particles than atoms where at the present no theory of Physics can clearly explain such (...) properties. In this respect, the mentioned principle is utilized to predict the pairs of a certain attribute of physics, position, and momentum, for instance. The accuracy of position, however, cannot be precisely yielded in advance by such a principle. In other words, it is impossible to measure the position and momentum of a quantum particle at the same time. In the study of the ultimate reality on the matter in the Buddhist philosophy, it showed that corporeality in nature is conditioned by cause and effect and thereby falling under the three common characteristics: 1) impermanence, 2) state of suffering, and 3) state of non-substantiality. In the study of Heisenberg’s uncertainty principle in the Buddhist philosophical perspective, this research was found that the processes in acquiring certain knowledge of Heisenberg and Buddhist philosophy are by one another in the sense that such knowledge is methodologically acquired through experience, rationality, and intuition because both see the Reality in the same manners, that is, the physical reality is viewed by Heisenberg as the thing that goes under changing state of wave-particle all the times, and the matter is seen by Buddhist philosophy as the impermanence and change depending upon its factors involved and thereby is not-self. However, in the different aspect, on the one hand, Buddhist philosophy utilizes the knowledge on the matter to develop the morality and ethics by which the cessation of suffering could be respectively made, but on the other hand, Heisenberg somehow applies the certain knowledge on physical objects into quantum technology to accommodate the physical comfortability in living life. Suggestions in the application of knowledge gained from this research into benefit were that while Buddhist philosophy can make use of Heisenberg’s uncertainty principle to provide certain help at the time of explanation of three common characteristics being done through the scientific method, science also can utilize knowledge gained from Buddhist philosophy to expand the framework of scientific knowledge which is aimed at studying only the physical objects to be able to study the mental objects through the integration of three epistemological methods as well. (shrink)

All parties involved in researching, developing, manufacturing, and distributing COVID-19 vaccines need guidance on their ethical obligations. We focus on pharmaceutical companies' obligations because their capacities to research, develop, manufacture, and distribute vaccines make them uniquely placed for stemming the pandemic. We argue that an ethical approach to COVID-19 vaccine production and distribution should satisfy four uncontroversial principles: optimising vaccine production, including development, testing, and manufacturing; fair distribution; sustainability; and accountability. All parties' obligations should be coordinated and mutually consistent. For (...) instance, companies should not be obligated to provide host countries with additional booster shots at the expense of fulfilling bilateral contracts with countries in which there are surges. Finally, any satisfactory approach should include mechanisms for assurance that all parties are honouring their obligations. This assurance enables countries, pharmaceutical companies, global organisations, and others to verify compliance with the chosen approach and protect ethically compliant stakeholders from being unfairly exploited by unethical behaviour of others. (shrink)

This article aims to interpret Leibniz’s dynamics project through a theory of the causation of corporeal motion. It presents an interpretation of the dynamics that characterizes physical causation as the structural organization of phenomena. The measure of living force by mv2 must then be understood as an organizational property of motion conceptually distinct from the geometrical or otherwise quantitative magnitudes exchanged in mechanical phenomena. To defend this view, we examine one of the most important theoretical discrepancies of Leibniz’s dynamics (...) with classical mechanics, the measure of vis viva as mv2 rather than ½ mv2. This “error”, resulting from the limits of Leibniz’s methodology, reveals the systematic role of this quantity mv2 in the dynamics. In examining the evolution of the quantity mv2 in the refinement of the force concept from potentia to actio, I argue that Leibniz’s systematic limitations help clarify dynamical causality as neither strictly metaphysical nor mechanical but a distinct level of reality to which Leibniz dedicates the “dynamica” as “nova scientia”. (shrink)

This volume brings together a range of influential essays by distinguished philosophers and political theorists on the issue of global justice. Global justice concerns the search for ethical norms that should govern interactions between people, states, corporations and other agents acting in the global arena, as well as the design of social institutions that link them together. The volume includes articles that engage with major theoretical questions such as the applicability of the ideals of social and economic equality to the (...) global sphere, the degree of justified partiality to compatriots, and the nature and extent of the responsibilities of the affluent to address global poverty and other hardships abroad. It also features articles that bring the theoretical insights of global justice thinkers to bear on matters of practical concern to contemporary societies, such policies associated with immigration, international trade, and climate change. -/- Contents: Introduction; Part I Standards of Global Justice: (i) Assistance-Based Responsibilities to the Global Poor: Famine, affluence and mortality, Peter Singer; We don't owe them a thing! A tough-minded but soft-hearted view of aid to the faraway needy, Jan Narveson; Does distance matter morally to the duty to rescue? Frances Myrna Kamm. (ii) Contribution-Based Responsibilities to the Global Poor: 'Assisting' the global poor, Thomas Pogge; Should we stop thinking about poverty in terms of helping the poor?, Alan Patten; Poverty and the moral significance of contribution, Gerhard Øverland. (iii)Cosmopolitans, Global Egalitarians, and its Critics: The one and the many faces of cosmopolitanism, Catherine Lu; Cosmopolitan justice and equalizing opportunities, Simon Caney; The problem of global justice, Thomas Nagel; Against global egalitarianism, David Miller; Egalitarian challenges to global egalitarianism: a critique, Christian Barry and Laura Valentini. Part II Pressing Global Socioeconomic Issues: (i) Governing the Flow of People: Immigration and freedom of association, Christopher Wellman; Democratic theory and border coercion: no right to unilaterally control your own borders, Arash Abizadeh; Justice in migration: a closed borders utopia?, Lea Ypi. (ii) Climate Change: Global environment and international inequality, Henry Shue; Valuing policies in response to climate change: some ethical issues, John Broome; Saved by disaster? Abrupt climate change, political inertia, and the possibility of an intergenerational arms race, Stephen M. Gardiner; Polycentric systems for coping with collective action and global environmental change, Elinor Ostrom. (iii) International Trade: Responsibility and global labor justice, Iris Marion Young; Property rights and the resource curse, Leif Wenar; Fairness in trade I: obligations arising from trading and the pauper-labor argument, Mathias Risse; Name index. -/- See: www.ashgate.com/default.aspx?page=637&calctitle=1&pageSubject=483&sort=pubdate&forthcoming=1&title_i d=9958&edition_id=13385. (shrink)

In the western context, law has two functions. It upholds normative expectations and it transforms social phenomena. The latter is expressed through the form-giving function of law as law designates particular social phenomena as, for example, economic, political or religious. Inside such overarching categories, further subcategories can moreover be observed. In relation to economic processes, the legal institutions of competition, contract, corporation and property are, for example, classical examples of the form-giving function of law. The dual function of law (...) is briefly illustrated through a genealogy of imaginaries of law distinguishing between four historically dominant types of law: ‘Law as purpose’; ‘law as a tool’; ‘law as an obstacle’; and ‘law as reflexivity-initiation’. On this background, ten core dimensions of what might become a new episteme of transformative law are fleshed out with the aim of answering the question to what extent it can act as an alternative to the previous four types of law. (shrink)

Is political equality viable given the unequal private property holdings characteristic of a capitalist economy? This book places the wealth-politics nexus at the centre of scholarly analysis. Traditional theories of democracy and property have often ignored the ways in which the rich attempt to convert their wealth into political power, operating on the implicit assumption that politics is isolated from economic forces. This book brings the moral and political links between wealth and power into clear focus. The chapters (...) are divided into three thematic sections. Part I analyses wealth and politics from the perspective of various political traditions, such as liberalism, republicanism, anarchism, and Marxism. Part II addresses the economic sphere, and looks at the political influence of corporations, philanthropists and commons-based organizations. Finally, Part III turns to the political sphere and looks at the role of political parties and constitutions, and phenomena such as corruption and lobbying. Wealth and Power: Philosophical Perspectives will be of interest to scholars and advanced students working in political philosophy, political science, economics, and law. (shrink)

Hacker communities of the 1970s and 1980s developed a quite characteristic work ethos. Its norms are explored and shown to be quite similar to those which Robert Merton suggested govern academic life: communism, universalism, disinterestedness, and organized scepticism. In the 1990s the Internet multiplied the scale of these communities, allowing them to create successful software programs like Linux and Apache. After renaming themselves the `open source software' movement, with an emphasis on software quality, they succeeded in gaining corporate interest. (...) As one of the main results, their `open' practices have entered industrial software production. The resulting clash of cultures, between the more academic CUDOS norms and their corporate counterparts, is discussed and assessed. In all, the article shows that software practices are a fascinating seedbed for the genesis of work ethics of various kinds, depending on their societal context. (shrink)

The authors of the book have come to the conclusion that it is necessary to effectively use modern management mechanisms and development strategies of economic entities in order to increase the efficiency of their activities. Basic research focuses on diagnostics threat of bankruptcy, assessment of bioenergy potential, intellectual property, efficiency of corporate governance, use of information support, ensuring competitiveness of banking institutions, functioning of the tax system and its decentralization, assessment of the investment climate and investment risks, functioning (...) of a small business. The research results have been implemented in the different models of cluster structures, mechanisms for monitoring the quality of health care, predicting the convergence of economic development, innovative development models, and development strategies of economic entities in various sectors of the economy in the context of euro integration. The results of the study can be used in decisionmaking at the level of international business, ministries and departments that regulate the processes development of economic systems, ensuring stability and efficiency. The results can also be used by students and young scientists in modern concepts of the development of economic entities in the context of institutional transformations of the global environment. (shrink)

This essay investigates the tensions between traditional music and its modern codification as intellectual property. It will begin by considering the myths concerning the divine source of music. In traditional music and in folk music, music is closely connected to religious ritual. In these rituals the source of the music is recognized and attributed to certain deities. For instance, in Thai traditional music, the Wai Khru ceremony venerates the Duriyathep or devatas drawn from Indian mythology: Phra Visawakarm, Phra Panjasinghkorn, (...) and Phra Parakhonthap (Narot). Much of modern and contemporary music has long been disengaged from ritual and its traditional forms of transmission. Especially since the nineteenth century with the growth of popularity of music printing, it has been subject to copyright law. With these restrictions in transmission, the more fluid routes of transmission have become broken and the ritualistic and religious identifications have been transferred to the cult of performers, to legal codification, to the control of corporations, and the construction of new mythologies through marketing. This essay will use Walter Benjamin’s reflections on the loss of “aura” in the reproduced work of art to try to understand the consequences of this transition in the function of music. And it will consider the situation in Thailand where traditional music and mythology stands side by side with marketed music, and traditional performance stands side by side with commercial performance. It will demonstrate that these conflicts cannot be resolved. But it is precisely in the appreciation and preservation of these conflicts, that traditional culture can itself be recognized and preserved. (shrink)

In response to commentators, we argue that whether waiving patent rights will meaningfully improve access to COVID-19 vaccines for low income and middle-income countries (LMICs), particularly in the short term, is an empirical matter. We also reject preferentially allocating vaccines to countries that hosted trials because doing so unethically favours those with research infrastructure, rather than those facing the worst burdens from COVID-19.

The research has three objectives: 1) to study the concept of Heisenberg’s uncertainty principle, 2) to study the concept of reality and knowledge in Buddhist philosophy, and 3) to analyze the concept of Heisenberg’s uncertainty principle in Buddhist philosophical perspective. This is documentary research. In this research, it was found that Heisenberg's uncertainty principle refers to the experiment of thought while studying physical reality on smaller particles than atoms where at the present no theory of Physics can clearly explain such (...) properties. In this respect, the mentioned principle is utilized to predict the pairs of a certain attribute of physics, position, and momentum, for instance. The accuracy of position, however, cannot be precisely yielded in advance by such a principle. In other words, it is impossible to measure the position and momentum of a quantum particle at the same time. In the study of the ultimate reality on the matter in the Buddhist philosophy, it showed that corporeality in nature is conditioned by cause and effect and thereby falling under the three common characteristics: 1) impermanence, 2) state of suffering, and 3) state of non-substantiality. In the study of Heisenberg’s uncertainty principle in the Buddhist philosophical perspective, this research was found that the processes in acquiring certain knowledge of Heisenberg and Buddhist philosophy are by one another in the sense that such knowledge is methodologically acquired through experience, rationality, and intuition because both see the Reality in the same manners, that is, the physical reality is viewed by Heisenberg as the thing that goes under changing state of wave-particle all the times, and the matter is seen by Buddhist philosophy as the impermanence and change depending upon its factors involved and thereby is not-self. However, in the different aspect, on the one hand, Buddhist philosophy utilizes the knowledge on the matter to develop the morality and ethics by which the cessation of suffering could be respectively made, but on the other hand, Heisenberg somehow applies the certain knowledge on physical objects into quantum technology to accommodate the physical comfortability in living life. Suggestions in the application of knowledge gained from this research into benefit were that while Buddhist philosophy can make use of Heisenberg’s uncertainty principle to provide certain help at the time of explanation of three common characteristics being done through the scientific method, science also can utilize knowledge gained from Buddhist philosophy to expand the framework of scientific knowledge which is aimed at studying only the physical objects to be able to study the mental objects through the integration of three epistemological methods as well. (shrink)

In this article I analyse one of the most important claims of the neoliberal policy prescriptions for Central and East European states in the early 1990s, that 'communist' property should be privatised. My claim is that this neoliberal policy prescription was based on a number of false assumptions about what it was 'communist' property, and a number of false assumptions about communist law. As a result of these assumptions, the post-communist process of privatisation was plagued by a host (...) of unintended and negative consequences. Nevertheless, based on these false assumptions, the neoliberal ideology was capable to portray the privatisation as 'rights based' and essentially a democratic process. I debunk these pretenses by showing that the reality of 'communist property' was totally different than that assumed by neoliberal policies. The distinctiveness of communist arrangements of property resided not in absence of private property, which was tolerated under communism, but in the organisation of property as an administrative matter, based on unwritten operational rules. Moreover, the communist corporate law was more or less the similar with the 'western corporate' law, so a simple change of formal law would not lead to the transformation of communist property into private property. If a transformation was desired, what needed to be changed was the operational rules accordingly to which the communist property operated. However, this was a level of 'reform' totally ignored by the neoliberal policies, with the result that post privatisation these operational rules continued to apply. The result was the great enrichment of the former communist managers who were able to benefit 'privatisation' at the expense of the public, in a process which was not 'right based' or 'democratic.'. (shrink)

¿Cuál es la diferencia entre los sentidos de la vista y el tacto si las propiedades espaciales que perciben estos sentidos son, al parecer, las mismas? ¿Cuál es la diferencia entre ver y tocar formas? Este es el tema del artículo “Sight and touch” (1992) de Michael Martin. En este breve texto, es mi propósito concentrarme en algunos desarrollos de Martin sobre el sentido del tacto y poner esos desarrollos en relación con dos experiencias táctiles particulares. La idea principal en (...) la que quiero concentrarme es la del contraste interno-externo como la característica de la conciencia corporal que “proporciona lo que necesitamos para un sentido del tacto” (Martin 1992 203). Las experiencias táctiles particulares con las que quiero relacionar esta idea son la de la ingesta de alimentos y el estar anestesiado. Pretendo ver si estas experiencias pueden constituir algún tipo de objeción a dicho contraste interno-externo. // What is the difference between the senses of sight and touch, if the spatial properties perceived by these senses are apparently the same ones? What is the difference between seeing and touching shapes? This is the subject matter of Michael Martin’s article “Sight and touch” (1992). In this short text, my purpose is to focus on some of Martin’s developments on the sense of touch, and to put those developments in relation with two tactile experiences. The main idea I want to focus on is that of the inner-outer contrast as the characteristic of body consciousness that “provides what we need for a sense of touch” (Martin 1992 203). The tactile experiences with which I want to relate this idea are those of food intake and being anesthetized. I try to see if these experiences can constitute some objection to this inner-outer contrast. (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)

Tim Bayne and Susanna Siegel have recently offered interesting arguments in favor of the view that we can experience high-level properties like being a pine tree or being a stethoscope (Bayne 2009, Siegel 2006, 2011). We argue first that Bayne’s simpler argument fails. However, our main aim in this paper is to show that Siegel’s more sophisticated argument for her version of the high-level view can also be resisted if one adopts a view that distinguishes between perceptual experiences and seemings.

This paper gives a perspectival overview of the semantics of potential property-referring terms and presents new and surprising generalizations about explicit property-referring terms like 'the property of being wise', which raise fundamental issues regarding ontology and learnability and a core-periphery distinction in natural language ontology.

Worsening energy crises and the growing effects of climate change have spurred, among other things, concerted efforts to tackle global problems through what the United Nations calls Sustainable Development Goals (SDGs). These are in turn argued to be best achieved via the adoption of environmental, social, and corporate governance (ESG) as the vehicle for guiding our efforts. However, though these things are often presented as the solution to global issues, they are increasingly being used as a means to centralize (...) power and exacerbate growing authoritarian trends. This article aims to demonstrate how the narratives surrounding ESG mask this reality, taking as a solution one of the foundational causes of global wealth and power disparity. (shrink)

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

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

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)

Drawing on empirical evidence from history and anthropology, we aim to demonstrate that there is room for genealogical ideology critique within normative political theory. The test case is some libertarians’ use of folk notions of private property rights in defence of the legitimacy of capitalist states. Our genealogy of the notion of private property shows that asking whether a capitalist state can emerge without violations of self-ownership cannot help settling the question of its legitimacy, because the notion of (...) private property presupposed by that question is a product of the entity it is supposed to help legitimise: the state. We anchor our genealogical critique in recent work on ideology in epistemology and philosophy of language, and in current debates on the methodology of political theory. But, unlike more traditional approaches that aim to debunk whole concepts or even belief systems, we propose a more targeted, argument-specific form of ideology critique. (shrink)

Powers are popularly assumed to be distinct from, and dependent upon, inert qualities, mainly because it is believed that qualities have their nature independently of other properties while powers have their nature in virtue of a relation to distinct manifestation property. George Molnar and Alexander Bird, on the other hand, characterize powers as intrinsic and relational. The difficulties of reconciling the characteristics of being intrinsic and at the same time essentially related are illustrated in this paper and it is (...) argued that the reasons for thinking of powers as essentially relational are based on misguided epistemological consideration. Finally, I present a way of thinking of fundamental properties as primitive natures that we can only understand in virtue of what they do but which we should not think of as being ontologically constituted by these doings. According to this view, properties are both qualities and powers. (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)

Two grams mass, three coulombs charge, five inches long – these are examples of quantitative properties. Quantitative properties have certain structural features that other sorts of properties lack. What are the metaphysical underpinnings of quantitative structure? This paper considers several accounts of quantity and assesses the merits of each.

Since the publication of David Lewis's ''New Work for a Theory of Universals,'' the distinction between properties that are fundamental – or perfectly natural – and those that are not has become a staple of mainstream metaphysics. Plausible candidates for perfect naturalness include the quantitative properties posited by fundamental physics. This paper argues for two claims: (1) the most satisfying account of quantitative properties employs higher-order relations, and (2) these relations must be perfectly natural, for otherwise the perfectly natural properties (...) cannot play the roles in metaphysical theorizing as envisaged by Lewis. (shrink)

Our prominent definitions of cognition are too vague and lack empirical grounding. They have not kept up with recent developments, and cannot bear the weight placed on them across many different debates. I here articulate and defend a more adequate theory. On this theory, behaviors under the control of cognition tend to display a cluster of characteristic properties, a cluster which tends to be absent from behaviors produced by non-cognitive processes. This cluster is reverse-engineered from the empirical tests that comparative (...) psychologists use to determine whether a behavior was generated by a cognitive or a non-cognitive process. Cognition should be understood as the natural kind of psychological process that non-accidentally exhibits the properties assessed by these tests (as well as others we have not yet discovered). Finally, I review two plausible neural accounts of cognition's underlying mechanisms?one based in localization of function to particular brain regions and another based in the more recent distributed networks approach to neuroscience?which would explain why these properties non-accidentally cluster. While this notion of cognition may be useful for a number of debates, I here focus on its application to a recent crisis over the distinction between cognition and association in comparative psychology. (shrink)

The homeostatic property cluster theory is widely influential for its ability to account for many natural-kind terms in the life sciences. However, the notion of homeostatic mechanism has never been fully explicated. In 2009, Carl Craver interpreted the notion in the sense articulated in discussions on mechanistic explanation and pointed out that the HPC account equipped with such notion invites interest-relativity. In this paper, we analyze two recent refinements on HPC: one that avoids any reference to the causes of (...) the clustering of properties and one that replaces homeostatic mechanisms with causal networks represented by causal graphs. We argue that the former is too slender to account for some inductive inference in science and the latter, thicker account invites interest-relativity, as the original HPC does. This suggests that human interest will be an un-eliminative part of a satisfactory account of natural kindness. We conclude by discussing the implication of interest-relativity to the naturalness, reality, or objectivity of kinds and indicating an overlooked aspect of natural kinds that requires further studies. (shrink)