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

This work aims to uphold that a subject‘s body schema can be extended beyond their physical body, that is, that external artifacts, such as tools, can be a part of the said body schema. To support this thesis a new definition of ―body schema‖ is proposed, one that starts by pointing out that body schema as a sub-personal sensorimotor is a necessary condition, albeit not a sufficient one, besides pursuing to include environmental interactions as a sufficient (...) condition. Together, these elements favor the generation and modification of body schema and, consequently, its extension. (shrink)

This paper brings Merleau-Ponty’s phenomenological approach to Sasha Waltz’s dance film S, which focuses on the relation between sexuality and language. Maintaining that movement in cinema takes place in the viewers and not the film, the paper considers how the visual can be deepened to include the ways we move and are moved. Saussure’s insights into language are brought to the sensible, which is here understood in terms of divergences from norms. Though film would seem to privilege vision, viewing this (...) film helps to elucidate Merleau-Ponty’s claim that a film succeeds when it engages the viewer’s embodied understanding, and shifts the norms of the corporeal schema. (shrink)

Frantz Fanon offers a lucid account of his entrance into the white world where the weightiness of the ‘white gaze’ nearly crushed him. In chapter five of Black Skins, White Masks, he develops his historico-racial and epidermal racial schemata as correctives to Merleau-Ponty’s overly inclusive corporeal schema. Experientially aware of the reality of socially constructed (racialized) subjectivities, Fanon uses his schemata to explain the creation, maintenance, and eventual rigidification of white-scripted ‘blackness’. Through a re-telling of his own experiences (...) of racism, Fanon is able to show how a black person in a racialized context eventually internalizes the ‘white gaze’. In this essay I bring Fanon’s insights into conversation with Foucault’s discussion of panoptic surveillance. Although the internalization of the white narrative creates a situation in which external constraints are no longer needed, Fanon highlights both the historical contingency of ‘blackness’ and the ways in which the oppressed can re-narrate their subjectivities. Lastly, I discuss Fanon’s historically attuned ‘new humanism’, once again engaging Fanon and Foucault as dialogue partners. (shrink)

Jenny Saville is a leading contemporary painter of female nudes. This paper explores her work in light of theories of gender and embodied agency. Recent work on the phenomenology of embodiment draws a distinction between the body image and the body schema. The body image is your representation of your own body, including your visual image of it and your emotional attitudes towards it. The body schema is comprised of your proprioceptive knowledge, your corporeally encoded memories, and your (...) corporeal proficiency with respect to various environments and activities. Saville is concerned with body image issues, and I discuss how she reconfigures representational practices with respect to feminine body images. However, the most exciting potential for feminist analysis of the state of the female nude derives from the concept of the body schema, for this concept endows the human body with subjectivity and agency. My key question, then, is by what pictorial means and to what extent Saville succeeds in representing agentic womanhood. I argue that interpreting Saville’s paintings from the standpoint of the body schema demonstrates the radicality of her remaking of the female nude and the rapport between her imagery and feminist values. (shrink)

In his initial lecture course at the Collège de France, Merleau-Ponty attempted to develop a new analysis of rational thought in order to clarify its link with corporeal-perceptive life. The formulation of thought in language as the most elaborate human activity of expression explicitly takes over what we already observe in perception as the implicit and mutual reference between the perceiving subject and that which is perceived.The article reconstructs Merleau-Ponty’s argumentation, based on his preparatory notes for the lectures, and (...) provides an interpretation of the key concepts of “expression” and “body schema”. [In Czech Language]. (shrink)

The following paper attempts to look at virtual reality technologies—and the (dis)embodiment affected by them—through a phenomenological lens. Specifically, augmenting traditional discussions of virtual reality as a purely technical problem, this paper seeks to bring Maurice Merleau-Ponty’s embodied phenomenology into the discussion to try to make sense of both what body we leave behind and what body we gain as we enter virtual worlds. To do this, I look both at historical examples of virtual reality technologies and their methods of (...) (dis)integrating the body and speculative future examples of virtual reality where the corporeal body is fully sidelined through the lens of Merleau-Ponty’s account of the body schema, noting that habituation is an ever present factor that must be considered in virtual environments. Ultimately, I conclude that even in a scenario of one-to-one mind-computer transference, the virtual world will, like the physical world we currently inhabit, solicit a ‘phantom body’ thus forcing us to act and live in accordance with a mutual interplay between self and virtual world. (shrink)

Despite the proliferation of studies on corporate social responsibility (CSR), there is a lack of consensus and a cardinal methodological base for research on the quality of CSR communication. Over the decades, studies in this space have remained conflicting, unintegrated, and sometimes overlapping. Drawing on semiotics—a linguistic-based theoretical and analytical tool, our article explores an alternative perspective to evaluating the quality and reliability of sustainability reports. Our article advances CSR communication research by introducing a theoretical-cum-methodological perspective which provides unique insights (...) into how to evaluate the quality of CSR communication. Particularly, we illustrate the application of our proposed methodology on selected U.K. FTSE 100 companies. Our two-phased analysis employed the Greimas Canonical Narrative Schema and the Semiotic Square of Veridiction in drawing meanings from selected sustainability/csr reports. In addition, we present a distinctive CSR report quality model capable of guiding policy makers and firms in designing sustainability/csr reporting standards. (shrink)

How comes that two organisms can interact with each other or that we can comprehend what the other experiences? The theories of embodiment, intersubjectivity or empathy have repeatedly taken as their starting point an individualistic assumption (the comprehension of the other comes after the self-comprehension) or a cognitivist one (the affective dimension follows the cognitive process). The thesis of this book is that there are no two isolated entities at the origin which successively interact with each other. There is, rather, (...) an impersonal stratum – the original affectivity (Gefühlsdrang) – which lets the living organisms be constitutively attuned with the expressive dimension of the life from the very beginning. The book aims to rethink the issue of corporality on the basis of a biosemiotics of the interaction between lived body (Leib) and environment (Umwelt). The human emotions reveals themselves as devices that experiment further attunement levels and expose the human being – because of her ex-centricity – to the alienation in various forms of the psychopathological existence. This is an unprecedented perspective that turns to psychopathology to reread against the light the watermark weaving the structure of personal singularity. What emerges is an intermediate territory confining both with philosophy and psychiatry: the psychopathology of ordo amoris. The author advances the project of a new psychopathology of ordo amoris, not only tackling with the 19th-century tradition of psychiatry and phenomenological psychopathology, but also with the contemporary disputes on intersubjectivity in phenomenology and with those on schizophrenia as disruption of aida or as disembodiment process in psychiatry. What results from his project is the first systematic study on the international level showing the relevance of Schelerian concepts of body schema (Leibschema) and order of feeling (ordo amoris) to understand the disruptions of emotional regulation on the psychopathological dimension as well as on the formation process of the singularity. (shrink)

This chapter presents an account of Merleau-Ponty’s interpretation of the body schema as an operative intentionality that is not only opposed to, but also complexly intermingled with, the representation-like grasp of the world and one’s own body, or the body image. The chapter reconstructs Merleau-Ponty’s position primarily based on his preparatory notes for his 1953 lecture ‘The Sensible World and the World of Expression’. Here, Merleau-Ponty elaborates his earlier efforts to show that the body schema is a perceptual (...) ground against which the perceived world stands out as a complex of perceptual figures. The chapter clarifies how Merleau-Ponty’s renewed interpretation of the figure-ground structure makes it possible for him to describe the relationship between body schema and perceptual (body) image as a strictly systematic phenomenon. Subsequently, the chapter shows how Merleau-Ponty understands apraxia, sleep, and perceptual orientation as examples of dedifferentiation and subtler differentiation of the body-schematic system. The last section clarifies how such body-schematic differentiating processes give rise to relatively independent superstructures of vision and symbolic cognition which constitute our body image. It, moreover, explains how, according to Merleau-Ponty, the cognitive superstructures always need to be supported by praxic operative intentionality to maintain their full sense, even though, in some cases, they have the power to compensate for praxic deficiencies. (shrink)

Most research on image schema examined the meaning configuration of words connotation. However, previous studies of adjectives are meaningful in cognitive linguistics because they provide insight into how those adjectives are involved with psychological movement. In this sense, from the perspective of cognitive linguistics, one’s conceptualization and cognition are closely associated with their bodily experience and surroundings; adjectives are no exception. The varieties of transformations of image schemas lay the foundation for the conception and perception. Accordingly, this study is (...) an investigation into the perception of adjectives and psychological activities associated with image schema. Data in this study come from adjectives in the novel The Great Gatsby, which were tagged and calculated with the help of software Python and the NLTK package. The results demonstrate that a significant amount of adjectives were used in the novel. Moreover, Nick’s psychological activities changed significantly from the SOURCE to the DESTINATION schematic stage, which is uncovered by his expression of adjectives. Finally, the results further suggest that transformations of image schema as BALANCE, CONTAINER, and PATH work together to motivate one’s linguistic expression of adjectives. The present findings have several implications for research on lexicons and literacy interpretation from cognitive linguistics. (shrink)

A body schema is an agent's model of its own body that enables it to act on affordances in the environment. This paper presents a body schema system for the Learning Intelligent Decision Agent (LIDA) cognitive architecture. LIDA is a conceptual and computational implementation of Global Workspace Theory, also integrating other theories from neuroscience and psychology. This paper contends that the ‘body schema' should be split into three separate functions based on the functional role of consciousness in (...) Global Workspace Theory. There is (1) an online model of the agent's effectors and effector variables (Current Body Schema), (2) a long-term, recognitional storage of embodied capacities for action and affordances (Habitual Body Schema), and (3) "dorsal" stream information feeding directly from early perception to sensorimotor processes (Online Body Schema). This paper then discusses how the LIDA model of the body schema explains several experiments in psychology and ethology. (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)

Thirty years ago, I elaborated on a position that could be seen as a compromise between an "extreme," symbol-based AI, and a "neurochemical reductionism" in AI. The present article recalls aspects of the espoused framework of schema theory that, it suggested, could provide a better bridge from human psychology to brain theory than that offered by the symbol systems of A. Newell and H. A. Simon.

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)

Proponents of the predictive processing (PP) framework often claim that one of the framework’s significant virtues is its unificatory power. What is supposedly unified are predictive processes in the mind, and these are explained in virtue of a common prediction error-minimisation (PEM) schema. In this paper, I argue against the claim that PP currently converges towards a unified explanation of cognitive processes. Although the notion of PEM systematically relates a set of posits such as ‘efficiency’ and ‘hierarchical coding’ into (...) a unified conceptual schema, neither the frameworks’ algorithmic specifications nor its hypotheses about their implementations in the brain are clearly unified. I propose a novel way to understand the fruitfulness of the research program in light of a set of research heuristics that are partly shared with those common to Bayesian reverse engineering. An interesting consequence of this proposal is that pluralism is at least as important as unification to promote the positive development of the predictive mind. (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)

The syllogistic figures and moods can be taken to be argument schemata as can the rules of the Stoic propositional logic. Sentence schemata have been used in axiomatizations of logic only since the landmark 1927 von Neumann paper [31]. Modern philosophers know the role of schemata in explications of the semantic conception of truth through Tarski’s 1933 Convention T [42]. Mathematical logicians recognize the role of schemata in first-order number theory where Peano’s second-order Induction Axiom is approximated by Herbrand’s Induction-Axiom (...) Schema [23]. Similarly, in first-order set theory, Zermelo’s second-order Separation Axiom is approximated by Fraenkel’s first-order Separation Schema [17]. In some of several closely related senses, a schema is a complex system having multiple components one of which is a template-text or scheme-template, a syntactic string composed of one or more “blanks” and also possibly significant words and/or symbols. In accordance with a side condition the template-text of a schema is used as a “template” to specify a multitude, often infinite, of linguistic expressions such as phrases, sentences, or argument-texts, called instances of the schema. The side condition is a second component. The collection of instances may but need not be regarded as a third component. The instances are almost always considered to come from a previously identified language (whether formal or natural), which is often considered to be another component. This article reviews the often-conflicting uses of the expressions ‘schema’ and ‘scheme’ in the literature of logic. It discusses the different definitions presupposed by those uses. And it examines the ontological and epistemic presuppositions circumvented or mooted by the use of schemata, as well as the ontological and epistemic presuppositions engendered by their use. In short, this paper is an introduction to the history and philosophy of schemata. (shrink)

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)

In his 1953 lectures at the College de France, Merleau-Ponty dedicated much effort to further developing his idea of embodied subject and interpreted fresh sources that he did not use in Phenomenology of Perception. Notably, he studied more in depth the neurological notion of "body schema". According to Merleau-Ponty, the body schema is a practical diagram of our relationships to the world, an action-based norm with reference to which things make sense. Merleau-Ponty more precisely tried to describe the (...) fundamentally dynamic unity of the body, i.e. the fact there are various possibilities how the practical "diagram" of body schema could be de-differentiated (in pathology) or further refined (via cognitive and cultural superstructures, symbolic systems). This chapter summarises Merleau-Ponty's interpretation of the notion, while contrasting it to the more traditional understanding of the body in phenomenology and recent philosophical texts dealing with body schema. (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)

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)

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

Bilateral proof systems, which provide rules for both affirming and denying sentences, have been prominent in the development of proof-theoretic semantics for classical logic in recent years. However, such systems provide a substantial amount of freedom in the formulation of the rules, and, as a result, a number of different sets of rules have been put forward as definitive of the meanings of the classical connectives. In this paper, I argue that a single general schema for bilateral proof rules (...) has a reasonable claim to inferentially articulating the core meaning of all of the classical connectives. I propose this schema in the context of a bilateral sequent calculus in which each connective is given exactly two rules: a rule for affirmation and a rule for denial. Positive and negative rules for all of the classical connectives are given by a single rule schema, harmony between these positive and negative rules is established at the schematic level by a pair of elimination theorems, and the truth-conditions for all of the classical connectives are read off at once from the schema itself. (shrink)

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

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)

To what extent should we focus on implicit bias in order to eradicate persistent social injustice? Structural prioritizers argue that we should focus less on individual minds than on unjust social structures, while equal prioritizers think that both are equally important. This article introduces the framework of transactive memory into the debate to defend the equal priority view. The transactive memory framework helps us see how structure can emerge from individual interactions as an irreducibly social product. If this is right, (...) then debiasing interventions are structural interventions. One upshot is that the utility of the individual versus structural distinction is not apparent for the purposes of intervention. (shrink)

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

Approfondendo lo schema dell’immaginazione, introdotto da Kant nella Critica della Ragione Pura per risolvere l’applicazione tra concetti e intuizioni, diversi commentatori hanno individuato alcuni legami con l’impostazione di Wittgenstein, soprattutto con le nozioni di immagine del Tractatus logico-philosophicus e di regola delle Ricerche filosofiche. Partendo da una prospettiva filosofico-linguistica, in particolare dalla questione della denominazione, questo saggio prova a ripercorrere alcuni punti critici che emergono dal tale confronto (§ 1),affrontando sia le difficoltà epistemiche interne alla riflessione kantiana sia gli (...) aspetti che caratterizzano il suo paradigma procedurale (§ 2e § 3), per individuare un accostamento plausibile all’impresa filosofica di Wittgenstein (§ 4 e § 5). (shrink)

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

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

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

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

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

The moral issues that occur for profit corporations are a unique function of many internal and external factors, including corporate policies and purpose, business regulations, and business governance's economic and political system. Several possible theoretical frameworks prescribe behavioral norms and standards of conduct to companies, such as utilitarianism, deontological ethics, or virtue ethics. In this paper, we argue although there are signs cant similarities between Kantian Ethics and ideal corporate cultures, Kantian ethics cannot fully be integrated into contemporary corporate practices. (...) Kant's theory of morality fundamentally fails to consistently accommodate the infamous given purpose of corporations, namely the profit-maximizer. We also provide empirical insights from a case study in developing a semi-Kantian corporate code of conduct in a large technology-based company. (shrink)

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

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

In recent years, the notion of the body schema has been widely discussed, in particular in fields connecting philosophy, cognitive science, and dance studies, as it seems to have bearing across disciplines in a fruitful way. A main source in this literature is Shaun Gallagher’s distinction between the body schema – the “pre-noetic” conditions of bodily performance – and the body image – the body as intentional object –, another is Merleau-Ponty’s writings on the living body, that Gallagher (...) often draws upon. In this paper, I will first discuss Gallagher’s presumed clarification of body schema–body image, and discuss a recent critique by Saint Aubert (2013), who evaluates it against the backdrop of Merleau-Ponty’s thoughts on this issue. While I believe that Saint Aubert’s criticism overshoots the mark, it is useful for a clarification of Gallagher’s analysis and points to a problematic feature, namely the alleged inscrutability of the body schema to phenomenological reflection. This is particularly interesting in relation to contemporary dance and performance practice, where working with – and against – habitual structures is a core element. Certain contemporary training techniques are explicitly aimed at raising awareness of those bodily aspects that condition movement and expression – that Gallagher sees as pertaining to the body schema – and that in ordinary activities often remain hidden. In order to clarify the role that reflection on our own body and its habitual patterns plays in contemporary dance practice, I will examine the movement language and improvisation practice “Gaga”, where this aspect is arguably fundamental. (shrink)

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

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

We propose a multi-step evaluation schema designed to help procurement agencies and others to examine the ethical dimensions of autonomous systems to be applied in the security sector, including autonomous weapons systems.

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

I attend to the temporal schema of open/closed by examining its elaboration in Bergson's philosophy and critically parsing the possibilities for its destabilization. Though Bergson wrote in a colonial context, this context barely receives acknowledgement in his work. This obscures the uncomfortable resonances between Bergson's late work, The Two Sources of Morality and Religion, and the temporal narratives that justify French colonialism. Given Bergson's uptake by philosophers, such as Gilles Deleuze, and by contemporary feminist and political theorists (especially “new (...) materialists”), a critical re-examination is called for. The Two Sources not only introduces a new dichotomy into Bergsonian philosophy—that of open/closed—it puts an end to the movement of duration by defining its possibilities as goals already given in advance. By turning the tools of Bergsonian critique onto The Two Sources, I propose an alternative to the open/closed—that of the “half-open”—creating in this way the conditions for decolonizing duration. (shrink)

Ever since Freud pioneered the “talking cure,” psychologists of various stripes have explored how autobiographical narrative bears on self-understanding and psychic wellbeing. Recently, there has been a wave of philosophical speculation as to whether autobiographical narrative plays an essential or important role in the constitution of agentic selves. However, embodiment has received little attention from philosophers who defend some version of the narrative self. Catriona Mackenzie is an important exception to this pattern of neglect, and this paper explores Mackenzie’s work (...) on embodiment and self-narrative with the aim of better understanding the adequacy of autobiographical narrative as an account of the agentic self. I argue that Mackenzie’s narrative account of embodied subjectivity and agency is incomplete, for it over-estimates the reach of narrative and underestimates the cognitive and agentic powers of the lived body. (shrink)