Randomized controlled trials test new drugs using various debiasing devices to prevent participants from manipulating the trials. But participants often dislike controls, arguing that they impose a paternalist constraint on their legitimate preferences. The 21st Century Cures Act, passed by US Congress in 2016, encourages the Food and Drug Administration to use alternative testing methods, incorporating participants’ preferences, for regulatory purposes. We discuss, from a historical perspective, the trade-off between trial impartiality and participants’ freedom. We argue that the only (...) way out is considering which methods improve upon the performance of conventional trials in keeping dangerous or inefficacious compounds out of pharmaceutical markets. (shrink)

C’est un texte singulier et original de la grande historienne italienne Angela Groppi (1947-2020) que nous choisissons ici de publier. Tapuscrit d’une communication qu’elle avait présentée lors de la journée d’étude Femmes, droits, travail à l’époque moderne (Normandie/Europe) organisée par Anna Bellavitis le 13 mars 2015 à Rouen, il est un témoignage de tout un pan d’une recherche au long cours à la croisée de l’histoire sociale des femmes et du genre, de l’histoire des métiers et des corporations ainsi que (...) de l’histoire du droit à la propriété et de la gestion des biens. (shrink)

Prior research suggests brokers do not always act in the best interests of clients, although morally obligated to do so. We empirically investigated this issue focusing on trades executed at best execution price, before and after the introduction of electronic limit-order trading, on the London Stock Exchange. As a result of limit-order trading, the proportion of trades executed at the best execution price for the customer significantly increased. We attribute this to a sustained increase in the liquidity of stocks as (...) a result of limit-order trading, regardless of market capitalisation. We discuss the ethical implications of our findings and conclude that market structures that enhance market competitiveness may help reconcile broker and client interests. (shrink)

Evo-Devo exhibits a plurality of scientific “cultures” of practice and theory. When are the cultures acting—individually or collectively—in ways that actually move research forward, empirically, theoretically, and ethically? When do they become imperialistic, in the sense of excluding and subordinating other cultures? This chapter identifies six cultures – three /styles/ (mathematical modeling, mechanism, and history) and three /paradigms/ (adaptationism, structuralism, and cladism). The key assumptions standing behind, under, or within each of these cultures are explored. Characterizing the internal structure of (...) the cultures is necessary for understanding how they collaborate or compete, and how they are fragmented or integrated, in the rich interdisciplinary /trading zone/ (Galison 1997) of Evo-Devo. Evo-Devo is an important example of how science can progress through a radical plurality of perspectives and cultures. (shrink)

A by-product of the Watergate investigations into illegal political contributions and money-laundering was the revelation that American corporations had been making questionable payments to foreign officials to gain business advantages. That discovery was the driving force behind passage of the FCPA in 1977. Many since have complained that the law put American firms at a disadvantage in international trade. This paper assesses the credibility of that claim, as well as exploring the socioeconomic implications of corruption in a world of (...) intensifying international competition. Based on the literature review, examination of international trade data and intensive interviews with foreign firms doing business in Nigeria, the paper reaches the following conclusions:1. Enforcement of FCPA has waxed and waned, but there is no evidence that its enforcement has impeded the growth of U.S. trade. In fact, trade with countries previously considered "bribe prone" has out-paced the growth of trade with non-bribe-prone countries, despite FCPA. (shrink)

A virtue centred approach to ethics has been criticized for being vague owing to the nature of its central concept, the paradigm person. From the perspective of the practitioner the most damaging charge is that virtue ethics fails to be action guiding and, in addition to this, it does not offer any means of act appraisal. These criticisms leave virtue ethics in a weak position vis-à-vis traditional approaches to ethics. The criticism is, however, challenged by Hursthouse in her analysis of (...) the accounts of right action offered by deontology, utilitarianism and virtue ethics. It is possible to defend the action guiding nature of virtue ethics: there are virtue rules and exemplars to guide action. Insights from Aristotle’s practical approach to ethics are considered alongside Hursthouse’s analysis and it is suggested that virtue ethics is also capable of facilitating action appraisal. It is at the same time acknowledged that approaches to virtue ethics vary widely and that the challenges offered here would be rejected by those who embrace a radical replacement virtue approach. (shrink)

This article considers the challenges faced by social workers struggling to act ethically in what we characterise as the ‘unethical climate’ of neoliberalism. We offer a brief account of the current context, including the increasing managerialism and marketisation of welfare services, exacerbated by cuts in welfare provision following the 2008 financial crisis. We discuss the concepts of ‘ethical resistance’ and ‘ethics work’. We illustrate this with three case examples drawn from accounts given by social workers in Canada and England in (...) the context of two research studies. These accounts feature social workers struggling to be ethically good and to do what they consider to be the right actions in difficult circumstances. We interpret their accounts of their actions largely in terms of everyday ethical resistance to organisational pressures of regulation of practice and rationing of resources. We conclude that everyday ethical resistance is not enough to ‘make good’ the unethical climate, but is an important precursor to social and political resistance. (shrink)

Two sets of self-transcendence values -universalism and benevolence - act as a source of motivation for the promotion of the welfare of the other rather than the self This article sought to determine the exact nature of the interaction between these sets of values and the consumption of fair trade products. In an earlier study, universalism values were found to have a significant influence on fair trade consumption whereas benevolence values did not, despite their shared goal and values (...) theory. Additionally, there was supporting evidence in the extant literature that benevolence values should influence fair trade consumption behavior. This study took a closer look at the individual values that make up the value categories universalism and benevolence to better understand and describe this universalism-benevolence distinction in fair trade consumption. It was established that perhaps group membership has an influence on the decision to buy fair trade products. Specifically, it seems that an overriding sense of responsibility to one's own group — the in-group — prevents some consumers from identifying with, empathizing with, and subsequently sharing resources with fair trade producers; members of out-groups in farflung corners of the globe. It appears that the universalism-benevolence distinction in fair trade consumption might also be described as an in-group-out-group distinction. (shrink)

While health care professionals advise those who have undergone weight loss surgery to increase their levels of physical activity, research suggests that often this is not achieved. This paper explores the experiences of ten Norwegian women as they engaged in physical activity several years after weight loss surgery. In contrast to the existing literature, which explores physical activity post-WLS largely in terms of quantitative data and measurable outcomes, the present study sought to explore women’s lived experiences of physical activity, including (...) the meanings they ascribed to different forms of activity and how such meanings changed over time. The research participants, all of whom had undergone WLS more than five years earlier, described the meanings they attached to becoming physically active, as well as the different activities and movement practices they engaged in, from interval training to mountain hiking and yoga. For all the women, maintaining and increasing their level of physical activity was challenging. On the one hand, engaging in exercise after weight loss improved their sense of joy and well-being and expanded their opportunities to move and act. On the other hand, during physical activity they needed to be constantly alert to symptoms of post-surgical side-effects, including variable energy levels, digestive problems and acute illness episodes. As the women explored their new capacities, it seemed to be important for them to explore various forms of physical activity in order to find the form of exercise which best suited them or which they most enjoyed. In some cases, they constructed new meanings around activities which, prior to surgery, had seemed onerous and bereft of pleasure. We argue that such insights will benefit health professionals who provide advice on physical activity at different post-surgical stages, sometimes to persons seriously concerned about regaining weight. (shrink)

The article discusses the relation between the concepts of unfair trade, exploitation, and below-subsistence wages with regard to individual economic transactions. Starting from the common notion that exploitation involves some kind of unfair advantage taking, it asks how “unfair” is to be understood, and what it is that is taken advantage of in exploitative exchanges. On this basis it then explores a line of argument for grounding the claim that below-subsistence wages are exploitative, focusing on the condition of morally (...) transformative voluntary consent to transactions. By analyzing the structure of coercion with regard to threats, offers, and circumstances it comes to the conclusion that consent to an offer is morally non-transformative with regard to legitimizing the outcome of a transaction if the person giving the “consent” has only unacceptable options in absolute terms to choose from, since this reduces “consent” to a mere act of rationality devoid of any normative content. Accordingly, it argues that insofar as below-subsistence wages are unacceptable options in absolute terms, they are to be considered exploitative and an instance of unfair trade. (shrink)

Cyberspace, the internet and vituality are widely understood in terms of poststructuralist or antiessentialist expectations that when identity is separated from physical bodies it is experienced as self-evidently performative: we might therefore expect that new kinds of identities will be enacted on-line, and that participants will frame these identities as performances rather than judging them in terms of their truth or authenticity. This article uses a long-term ethnographic engagement with one internet social setting - the `sexpics' trade on Internet (...) Relay Chat (IRC) - to argue that neither of these expectations is met there. First, the sexual act and identities performed tend to be conventional in relation to off-line heterosexual norms and (pornographic) representations. Second, authenticity is a fundamental criterion by which participants understand and manage their on-line experiences: they veer between complete cynicism (their inability to authenticate the other meant according the relationship and the other no weight or commitment) and a desire for involvement that depended on pursuing startegies for authenticating the other, for being able to treat the other's performances as real rather than merely realistic. Significantly, these strategies of authentication were attempts to fix the other in a body or body-like presence, one which persists over time and is locatable in space, and which is therefore ethically accountable and trustworthy. (shrink)

Phenomenology as practised by Adolf Reinach ( 1883-191 7) in his all too brief philosophical career exemplifies all the virtues of Husserl's Logical Investigations. It is sober, concerned to be clear and deals with specific problems. It is therefore understandable that, in a philosophical climate in which Husserl's masterpiece has come to be regarded as a mere stepping stone on the way to his later Phenomeno logy, or even to the writings of a Heidegger, Reinach's contributions to exact philo sophy (...) have been all but totally forgotten. The topics on which Reinach wrote most illuminatingly, speech acts (which he called 'social acts') and states of affairs (Sachverhalte ), as well as his realism about the external world, have come to be regarded as the preserve of other traditions of exact philosophy. Like my fellow contributors, I hope that the present volume will go some way towards correcting this unfortunate historical accident. Reinach's account of judgements and states of affairs, an account that precedes those of Russell and Wittgenstein, his 1913 treatment of speech acts, his reinter pretation of Hume and aspects of his legal philosophy are the main philosophical topics dealt with in what follows. But his analysis of deliberation as well as his work on movement and Zeno's paradoxes get only a passing mention. (shrink)

The Western tradition has been in part defined by a characteristic bargain in which pain is "traded" for knowledge. An ascetic resistance to temptation, or renunciation of desire, is the condition for achieving the truth. This paper examines how the exchange is negotiated in three texts, including The Life of Antony by St. Athanasius , The Future of Science by Ernest Renan , and That the World May Know by James Dawes . In each, an act of voluntary renunciation produces (...) an increase in knowledge and in moral stature. (shrink)

In his main work, The Science of Legislation , the Neapolitan Gaetano Filangieri proposed a set of extensive political and cultural reforms. These reforms were necessary to free eighteenth-century societies from the remnants of feudal institutions that obstructed international peace and economic growth. Filangieri's ideas were shaped by the international political climate between the seven Years’ War and the eve of the French Revolution. Reinterpreting Montesquieu and Genovesi through the influences of French radical and Enlightenment thought , as well as (...) the economics of Hume, Verri and the Physiocrats, he concluded that European modernity was inherently contradictory.From this perspective Filangieri set out to force a clean break between the technical horizons of mercantilism and enlightened absolutism and a society based on civil rights, a fair distribution of wealth and resources, and free trade. Proper ‘scientific’ knowledge of the rules and principles of legislation would allow governments to balance out the natural and cultural factors that characterise individual states, and to identify the appropriate model for social and economic development. If all states acted on their proper interest, international free trade and peaceful competition between states would emerge and the potential for general economic growth be materialised. Thus, the natural equilibrium and ‘universal consensus’ among nations could be restored. (shrink)

Currently there is an unattached link between the study of social influence in experimental psychology and bad faith in the existential philosophy of Jean-Paul Sartre. The methods of psychology and philosophy differ significantly and can be integrated into a unified whole to provide enhanced insight into a topic of investigation compared to what can be achieved separately in each of these disciplines. The goal of this paper is to review the social influence literature with the aim of expositing, integrating and (...) synthesising the findings with Sartre’s analysis of bad faith and authenticity. As a result, this paper aims to uncover the scientific findings that provide clarification to the findings of bad faith in Sartre’s existential philosophy. Precisely, this paper will provide concrete and descriptive empirical examples of the experimental causes and conditions that appear to be identified by participants as a reason to act in bad faith. Specifically, this paper provides evidence that bad faith appears to arise when an individual believes she should be accurate or affiliated with the group. An analysis of the concepts that are necessary to understand bad faith will also be reviewed to uncover the arguments that provide clarification to understanding conformity found in the social influence literature. This paper will benefit both psychologists and philosophers by bridging these two fields of investigation. Further work with the integration of these findings into existential psychotherapy is encouraged and described throughout. (shrink)

This paper asks whether (human) rights enforcement is permissible given that it may entail infringing on the rights of innocent bystanders. I consider two strategies that adopt a rights-sensitive consequentialist framework and offer a positive answer to this question, namely Amartya Sen’s and Hillel Steiner’s. Against Sen, I argue that trade-offs between rights are problematic since they contradict the purpose of rights, which is to provide a pluralist solution to disagreement about values, i.e. to allow agents to act in (...) accordance with their values. I further argue that Steiner’s compensation strategy does not succeed in avoiding trade-offs so it falls prey to the same criticism. I propose a non-trade-off solution that is implicit in the accounts discussed and is more consistent with the meta-ethical framework advocated by Sen. This solution relies on an enforceable duty to share in the costs of rights enforcement hence it entails a degree of redistribution for enforcement purposes. (shrink)

Experiments are actions, performed in order to gain information. Like other acts, there are virtues of performing them well. I discuss one virtue of experimentation, that of knowing how to trade its information-gaining potential against other goods.

During the French Revolution, the comparative geographer Jean-Denis Barbié du Bocage lost his patron, his job, and his access to source materials. Working for ministry map depots, however, he was able to forge new alliances and, by acting as a broker between different actors and interests, mobilize new networks of accumulation inside France and across central and eastern Europe. In these new centers of accumulation, Barbié translated the meanings and the significance of the objects he collected to fit the interests (...) of the different constituencies in his network: including French politicians, diplomats and consuls, Greek merchants and Enlightenment scholars. The strength of the ‘mobiles’ he collected was their mutability, the ease with which they could be repurposed. Such translations shifted Barbié’s own assumptions about the ways in which old and new information could be combined both in his work for the government and in his private antiquarian scholarship. (shrink)

Recent history reveals a series of rogue traders, jeopardizing their employers’ assets and reputation. There have been instances of unauthorized acting in concert between traders, their supervisors and/or firms’ decision makers and executives, resulting in collusive rogue trading. We explore organizational misbehaviour theory and explain three major collusive rogue trading events at National Australia Bank, JPMorgan with its London Whale and the interest reference rate manipulation/LIBOR scandal through a descriptive model of organizational/structural, individual and group forces. Our model draws conclusions (...) on how banks can set up behavioural risk management and internal control frameworks to mitigate potential collusive rogue trading. (shrink)

Is there a major international crime that the general public has never heard of or even thought about? The answer to this question might be surprising—it is the illicit art trade. The purpose of this article is to analyse the criminal aspect of the global art trade with a special focus on the region of South East Asia. In the first part of the paper, which acts as a backdrop for the rest of the article, the author explains (...) the history and general issues regarding the trade of cultural artefacts, briefly explaining the stages in the illicit antiquities trade, with a special focus on the question of international law regulations, of which he provides a critical overview. The second and third parts of the paper are devoted to a more profound analysis of the antiquities journey from illicit to licit. In the second part of the paper the author provides a case study of the first part of the voyage of Cambodian, Vietnamese and Indian antiquities, i.e. from the source country to the port of first shipment, examining the places and the middlemen they pass on their way. The third part of the paper is devoted to the analysis of legal provisions regulating the art trade in Hong Kong—a global art hub—notably the ‘market overt exception’, which allows buyers in good faith to keep the illicitly obtained cultural objects in spite of any claims made by the previous owners. In the fourth part of the paper the author shows why restitution of looted antiquities is so difficult, analysing a number of successful and unsuccessful attempts. The concluding part of the paper is devoted to the author’s critical overview of the various attempts and suggestions on the curtailing of the illicit international art trade. In the coda the author provides a case study of the journey undertaken by Cambodian antiquities. (shrink)

Research on the nutrition transition often treats dietary changes as an outcome of increased trade and urban living. The Northern Food Crisis presents a puzzle since it involves hunger and changing diets, but coincides with a European ban on trade in seal products. I look to insights from economic sociology and decolonizing scholarship to make sense of the ban on seal products and its impacts. I examine how trade arrangements enact power imbalances in ways that are not (...) always obvious. I explain how the ban’s exemption for Inuit-produced seal goods explicitly aims to protect Inuit from the harshness of capitalism and preserve their traditions. In this respect, the Northern Food Crisis is an embodiment of European visions of who Inuit are expected to be and how they are supposed to act in the global economy. (shrink)

Thomas Carson offers the most comprehensive and up-to-date investigation of moral and conceptual questions about lying and deception. Part I addresses conceptual questions and offers definitions of lying, deception, and related concepts such as withholding information, "keeping someone in the dark," and "half truths." Part II deals with questions in ethical theory. Carson argues that standard debates about lying and deception between act-utilitarians and their critics are inconclusive because they rest on appeals to disputed moral intuitions. He defends a version (...) of the golden rule and a theory of moral reasoning. His theory implies that there is a moral presumption against lying and deception that causes harm — a presumption at least as strong as that endorsed by act-utilitarianism. He uses this theory to justify his claims about the issues he addresses in Part III: deception and withholding information in sales, deception in advertising, bluffing in negotiations, the duties of professionals to inform clients, lying and deception by leaders as a pretext for fighting wars, and lying and deception about history, and cases of distorting the historical record by telling half-truths. The book concludes with a qualified defence of the view that honesty is a virtue.Readership: Scholars and advanced students of philosophy, as well as historians and students of history. (shrink)

Research on environmental-decision making is usually based on utilitarian models, which imply that people's decisions are only influenced by the outcomes. This research provides evidence for values and moral positions that reflect nonconsequentialist rather than consequentialist views. In doing this, this article refers to “sacred values,” which are values that are seen as not-substitutable and nontradable. Two studies were designed to examine evidence for sacred values and their role on act versus omission choices within the environmental domain. The studies revealed (...) that sacred values were closely associated with preferences for actions, trade-off reluctance, deontological focus, and position of moral universalism. The results suggest that it is important to account for sacred values and nonconsequentialist views in environmental decision-making research. (shrink)

Law journals permit submission of scholarly manuscripts to multiple journals concurrently, but biomedical journals strictly forbid submission of manuscripts to more than one journal at a time. Law journals may then compete for the publication of manuscripts. This article examines whether the single-submission requirement of biomedical journals may constitute restraint of trade in violation of Section 1 of the Sherman Antitrust Act.

The Fair Trade movement seeks to alter conventional trade relations through a system of social and environmental standards, certification, and labels designed to help shorten the social distance between consumers in the North and producers in the South. The strategy is based on working both ‘in and against’ the same global capitalist market that it hopes to alter, raising questions about if and how Fair Trade initiatives exhibit counter-hegemonic potential to transform the conventional agro-food system. This paper (...) considers the multiple levels at which Fair Trade alternatives operate to identify the different forms of social action that the movement engages with, and to clarify where the movement’s counter-hegemonic potentials are being realized. I suggest the Fair Trade movement is most successful in encouraging consumers and producers to commit acts of resistance and in supporting redistributive action that shifts resources from North to South. Up to now, however, Fair Trade alternatives appear to hold only a theoretical potential to provoke transformative change in the agro-food system. A reconceptualization of the Fair Trade model and how it is implemented could allow it to manifest more of its implicit, oppositional promise. (shrink)

What is the relation between acting intentionally and acting for a reason? While this question has generated a considerable amount of debate in the philosophy of action, on one point there has been a virtual consensus: actions performed for a reason are necessarily intentional. Recently, this consensus has been challenged by Joshua Knobe and Sean Kelly, who argue against it on the basis of empirical evidence concerning the ways in which ordinary speakers of the English language describe and explain certain (...) side-effect actions. Knobe and Kelly's argument is of interest not only because it challenges a widely accepted philosophical thesis on the basis of experimental evidence, but also because it indirectly raises an important and largely neglected question, the question of whether or in what sense an agent can perform a side-effect action for a reason. In this article, I address this question and provide a positive answer to it. Specifically, I argue that agents act for a reason whenever they perform side-effect actions as trade-offs. Thus, I claim that there are three distinct types of rational action: actions performed as ends in themselves, actions performed as means to further ends, and side-effect actions performed as trade-offs. Given this multiplicity of types of rational action, the question of whether or not actions performed for a reason are necessarily intentional is in need of refinement. The more specific question that lies at the heart of this article is whether or not side-effect actions performed as trade-offs are necessarily intentional. I conclude that, contrary to what Knobe and Kelly suggest, the question remains open. (shrink)

Transcription is a fundamental cellular process and the first step in gene regulation. Although RNA polymerase (RNAP) is highly processive, in growing cells the progression of transcription can be hindered by obstacles on the DNA template, such as damaged DNA. The authors recent findings highlight a trade‐off between transcription fidelity and DNA break repair. While a lot of work has focused on the interaction between transcription and nucleotide excision repair, less is known about how transcription influences the repair of (...) DNA breaks. The authors suggest that when the cell experiences stress from DNA breaks, the control of RNAP processivity affects the balance between preserving transcription integrity and DNA repair. Here, how the conflict between transcription and DNA double‐strand break (DSB) repair threatens the integrity of both RNA and DNA are discussed. In reviewing this field, the authors speculate on cellular paradigms where this equilibrium is well sustained, and instances where the maintenance of transcription fidelity is favored over genome stability. (shrink)

Under the present judicial interpretation of federal securities law, an individual is prohibited from trading on non-public information that has been misappropriated in contravention of a fiduciary duty. Trades made using non-pubIic information that has not been misappropriated are not prohibited by Rule 10b-5, promulgated under the Securities and Exchange Act of 1934. The current requirement of misappropriation to trigger Rule 10b-5 liability creates a gap that permits transactions that are both ethically and economically undesirable. Judicial or legislative reforms are (...) recommended to close the gap and help ensure the fairness and efficiency of securities markets. (shrink)

In response to the obesity epidemic, much discussion in the public health and child advocacy communities has centered on restricting food and beverage marketing practices directed at children. A common retort to appeals for government regulation is that such advertising and marketing constitutes protected commercial speech under the First Amendment. This perception has allowed the industry to function largely unregulated since the Federal Trade Commission 's foray into the topic, termed KidVid, was terminated by an act of Congress in (...) 1981. The FTC has since focused on self-regulation as a potential solution to such concerns. However, this method of control has proven ineffective to protect children, and has led to growing recognition that federal regulation may be necessary.Since KidVid, the evidence has only mounted that children are uniquely vulnerable to the effects of advertising. Over the same time period, the exposition of commercial speech jurisprudence has plateaued, as the Supreme Court has not decided a pure commercial speech case since 2002. (shrink)

The ethical considerations of insider trading have been widely debated in the academic literature :171–182, 1990). In 2013, the STOCK Act, which was initially passed to mitigate insider trading by government officials, was quickly and unexpectedly amended to allow certain government employees to withhold their financial information. To identify and quantify the potential costs placed on investors by non-corporate insider traders, we use the unusual circumstances surrounding this amendment. For a sample of stocks most held by members of Congress, we (...) find that, relative to control stocks, liquidity significantly worsens and volatility increases during the post-amendment period. Our results highlight the costs that are incurred by investors in the presence of non-corporate insider trading. These findings call for a stronger development of an ethical framework that justifies the restriction of all types of insider trading. (shrink)

Political insider trading has brought substantial attention to ethical considerations in the academic literature. While the Stop Trading on Congressional Knowledge (STOCK) Act prohibits members of Congress and their staff from leveraging non-public information to make investment decisions, political insider trading still prevails. We discuss political ethics and social contract theory to re-engage the debate on whether political insider trading is _unethical_ and raises the issues of conflict of interest and social distrust. Empirically, using a novel measure of information risk, (...) we find that senator trades are associated with substantially high levels of information asymmetry. Moreover, based on inside political information, senators earn significant market-adjusted returns (4.9% over 3 months). Thus, our results do not support the prediction made by social contract theory and thereby provide a potential resolution to the ongoing debate on banning stock trading for members of Congress. (shrink)

In this paper I argue that the real and only victims of insider trading are those being wrongfully prosecuted under the current broad interpretation of Rule 10(b)-5 of the Securities Exchange Act. The term ‘insider trading’ has no clear legal definition and thus lends itself to prosecutorial overreach. I argue that such overreach characterizes the numerous insider trading investigations and prosecutions currently being pursued by the Securities and Exchange Commission (SEC). Rather than any valid application of securities law, these prosecutions (...) reflect political opportunism and the influence of powerful special interests within the securities industry. I conclude by advocating that Rule 10(b)-5 be applied as originally intended, namely to deter active securities fraud and price manipulation only. (shrink)

Certification schemes and labels such as the Forest Stewardship Council, Fairtrade, and Rainforest Alliance are market-based mechanisms designed to harness consumer power in economically developed countries to influence companies to improve the economic, social and environmental welfare of producers, workers and communities in economically developing countries. However, consumers are largely not convinced that certification schemes are acting in the interests of developing countries, because consumers have different understandings of the ethics of global trade. Drawing on the results of six (...) semi-structured focus groups comprising 58 consumers and an online panel-based survey of 1014 respondents, this study tests the central assumption underlying these schemes that consumers are motivated to hold companies responsible for unethical behaviour. Most consumers hold sceptical, and at times, conflicting views in terms of how they perceive the root causes of the problems, possible solutions and ethical trade beneficiaries. This study contributes to the nascent literature on political consumerism, by highlighting an under-theorised and contradictory challenge for certification schemes. Political consumers are required to recognise the complexities of ethical trade while believing that the simple act of purchasing their labelled products is effective. Consumers also envisage a role for government regulation. (shrink)

The article examines two digital phenomena linked to money and finance, which are the bitcoin and high-frequency trading, through the lens of Vilém Flusser’s concept of technical image. Flusser’s theory highlights three aspects of technical images: they are engendered by the act of organizing particles, are produced by people who operate devices through keys, and are mediated by code, which is linear and pertains to the era of written text, which Flusser conflates with the notion of history. In this article, (...) the argument focuses on the aspects of high-frequency trading and the blockchain that relate to the idea of images. The sections investigate how money has historically operated in the logic of Flusser’s description of symbol manipulation in relation to consciousness and temporality: from the circular time of magical consciousness to the linear time of historical consciousness, and more recently, to the non-dimensional time of post-historical consciousness. The article argues that there are two levels, or layers, in the images involved in cryptocurrencies or algorithmic trading, but only one of them is visible to the human operator or viewer, in the form of a price. The other, which indeed represents the operations in the system, is only accessible to the machines themselves. The questions raised concern the role of these recent digital financial and monetary forms in the development of a reality dominated by apparatuses and technical images. (shrink)

Research on the phenomenology of agency for joint action has so far focused on the sense of agency and control in joint action, leaving aside questions on how it feels to act together. This paper tries to fill this gap in a way consistent with the existing theories of joint action and shared emotion. We first reconstruct Pacherie’s account on the phenomenology of agency for joint action, pointing out its two problems, namely the necessary trade-off between the sense of (...) self- and we-agency; and the lack of affective phenomenology of joint action in general. After elaborating on these criticisms based on our theory of shared emotion, we substantiate the second criticism by discussing different mechanisms of shared affect—feelings and emotions—that are present in typical joint actions. We show that our account improves on Pacherie’s, first by introducing our agentive model of we-agency to overcome her unnecessary dichotomy between a sense of self- and we-agency, and then by suggesting that the mechanisms of shared affect enhance not only the predictability of other agents’ actions as Pacherie highlights, but also an agentive sense of we-agency that emerges from shared emotions experienced in the course and consequence of joint action. (shrink)

This essay examines three potential arguments against high-frequency trading and offers a qualified critique of the practice. In concrete terms, it examines a variant of high-frequency trading that is all about speed—low-latency trading—in light of moral issues surrounding arbitrage, information asymmetries, and systemic risk. The essay focuses on low-latency trading and the role of speed because it also aims to show that the commonly made assumption that speed in financial markets is morally neutral is wrong. For instance, speed is a (...) necessary condition for low-latency trading’s potential to cause harm in “flash crashes.” On the other hand, it also plays a crucial role in a Lockean defense against low-latency trading being wasteful developed in this essay. Finally, this essay discusses the implications of these findings for related high-frequency trading techniques like futures arbitrage or latency arbitrage—as well as for an argument as to why quote stuffing is wrong. Overall, the qualifications offered in this essay act as a counterbalance to overblown claims about trading at high speeds being wrong. (shrink)

In this issue we include contributions from the individuals presiding at the panel All in a Jurnal's Work: A BABEL Wayzgoose, convened at the second Biennial Meeting of the BABEL Working Group. Sadly, the contributions of Daniel Remein, chief rogue at the Organism for Poetic Research as well as editor at Whiskey & Fox , were not able to appear in this version of the proceedings. From the program : 2ND BIENNUAL MEETING OF THE BABEL WORKING GROUP CONFERENCE “CRUISING IN (...) THE RUINS: THE QUESTION OF DISCIPLINARITY IN THE POST/MEDIEVAL UNIVERSITY” SEPTEMBER 21ST, 2012: SESSION 13 MCLEOD C.322, CURRY STUDENT CENTER NORTHEASTERN UNIVERSITY, BOSTON, MA. Traditionally, a wayzgoose was a celebration at the end of a printer’s year, a night off in the late fall before the work began of printing by candlelight. According to the OED, the Master Printer would make for the journeymen “a good Feast, and not only entertains them at his own House, but besides, gives them Money to spend at the Ale-house or Tavern at Night.” Following in this line, continent. proposes in its publication(s) a night out and a good Feast, away from the noxious fumes of the Academy and into a night of revelry which begins, but does not end, at the alehouse or Tavern. continent. proposes that the thinking of the Academy be freed to be thought elsewhere, in the alleys and doorways of the village and cities, encountered not in the strictly defined spaces of the classroom and blackboard (now white) but anticipated and found where thinking occurs. Historically, academic journals have served a different purpose than the Academy itself. Journals (from the Anglo-Fr. jurnal , "a day," from O.Fr. jornel , "day, time; day's work," hence the journalist as writer of the news of the day ) have served as privileged sites for the articulation and concretization of specific modes of knowledge and control (insemination of those ideas has been formalized in the classroom, in seminar). In contrast, the academic journal is post-partum and has been an old-boys club, an insider trading network in which truths are (re)circulated against themselves, forming a Maginot Line against whatever is new, or the distinctly challenging. All in a Jurnal’s Work will discuss (in part) the ramifications of cheap start-up publications that are challenging the traditional ensconced-in-ivory academic journals and their supporting infrastructures. The panel will be seeking a questioning (as a challenging) towards the discipline of knowledge production/fabrication (of truth[s]) and the event of the Academy (and its publications) as it has evolved and continues to (d)evolve. Issues to be discussed will revolve around the power of academic publishing and its origins, hierarchical versus horizontal academic modules (is there a place for the General Assembly in academia?) and the evolving idea of the Multiversity as a site(s) of a (BABELing) multivocality in the wake of the University of Disaster. A CONTINUOUS ACT Nico Jenkins In Pierre Hadot’s extraordinary book, Philosophy as a Way of Life , the practices of philosophy—that is the exercise of what we can term pre-institionalized love of wisdom, what Philo of Alexandria described as a training towards wisdom—are described as, following the Stoics, “a continuous act, permanent and identical with life itself, which had to be renewed at each instant.” This renewal of thinking, this coming to be of being itself —meeting itself on its own ground, concerns the way philosophy is practiced, and more often, taught, or rather not taught. Hadot continues his thinking with a description of what happens to the structure of thought in the medieval ages as it becomes adopted—co-opted— by the university, and by extension, by the institution of the church. Philosophy becomes no longer a way of living, no longer a praxis as such but becomes a condition that is locked in a theoretical construct, one which was literally removed from life (and in life we read then love, wisdom, being etc, also the home, the market, the field, the street) and secured behind the high walls of the monastery (which were shortly replaced by the high walls of the Academy) where thinking unfortunately rests for the most part today. Hadot writes further that this dangerous movement of removal reduces thinking to a theoretical practice akin to the mythical Ouroborous; “education was thus no longer directed toward people who were to be educated with a view to becoming fully developed human beings, but to specialists, in order that they might learn how to train other specialists.” Thought then is trapped behind the walls of the academy, and with the exception of such thinkers as Spinoza, Descartes, and Liebnitz as well as others who think from an outside in, thought remains, in the form of Kant, Fichte, Hegel, a practice reduced or removed from life and restricted to what Schopenhauer will call “mere fencing in front of the mirror.” This is of course the tendency today and philosophy remains, for the most part, a discourse produced and thought inside the academy and disseminated, in seminated through university presses and of course the academic journal. It seems necessary to me that we have to have a place, a return, to a thinking which is closer to the Stoics, closer to the pre-Socratics, to a thinking which is a practice of becoming, a training to think, to live, to die. this is not south romantic than imperative . This thinking is one of a deep ir responsibility because it is not known, it is not figured out. It requires a risk and what Heidegger calls a leap (for there is no bridge to it). I call it irresponsible because for too long sanctioned thought has had as its premise the idea that thinking has a goal, a direction, a telos ; that it is not an activity but a process which gives a product; that the responsibility of thinking in turn demand an answer. In my mind, only freed from that goal can thinking, in contrast, bask in its own thinking, bask in a state in which the unknown can remain unknown, that mystery can rest as mystery. This is not to say that the world needs no answers, or to promote a Whitmanesque “leaning and loafing” as the only valid practice. It is only to say that for too long, thinking has been validated by the academy, by the answerable, by the already decided. To me, this requires—as an answer— the ir responsibility of thought, what Nancy calls, “a world for which all is not already done (played out, finished, enshrined in a destiny), nor entirely still to do (in the future for always future tomorrows).” This is a thinking not sanctified by the academy, made sacred by the church or the palace but rather it takes place on the périphérie , beyond the ring road, in alleyways behind the marketplace, in cafes stained with the syphilitic patina of irresponsible talk, of loose talk, the kind of talk made loose not only by the tankard and the goblet by the practice and training of attuned thinking. continent. was formed as a collective of thinkers coming out of the European Graduate School (also known as the University of Disaster) three years ago, in an effort to combat, or challenge, the dominant paradigm which isolates thinking from the street, from life, from where perhaps wisdom tends to emerge. We feel that not only is the university herself no longer the privileged site of where true thinking takes place—and where only official thought can take place—but that the very artificiality of the academy denies thinking—at times—authentic, thought. Our goal at continent. is to create a media agnostic publication which is rigorous in its intellectual underpinnings but which will remain permanently beyond and out of reach of the academy. Though many of us butter our bread with academic paychecks (maid!) we attempt to keep continent. as a refuge—and a refugee—from the University in ruins, from the University as a site of preformed and institutionalized pre-set dialogues. In concert with other publications-both cyber and print—as well as various blogs we are attempting to re-dialogize the dialogue of thinking. We are attempting both to speak to— as well as with and against —the university as a site of accreted knowledge. We have not been utterly successful and continue to attempt to define what that role of being perpetually beyond is (while still trying to maintain rigorous intellectual standards) but it is just that, a goal, which is perpetually opening, perpetually unanswered, perhaps even by design, perpetually unanswerable. (shrink)

Critics of commodification object to sales but not gifts of some goods, such as human blood or human organs, on grounds that such trade wrongly coerces, morally corrupts, and crowds out altruism. This essay takes issues with each of these claims. It disputes Micheal Sandel’s claim that voluntary exchange coerces, arguing that he confuses what is unfair with what is unfree. It argues, where trade does create moral costs, that these costs should be weighed against the moral costs (...) of trade bans, such as the loss of human life, and the harms endemic to illegal markets. The essay also quarrels with Richard Titmuss’s The Gift Relationship, arguing that compensation for blood need not crowd out blood donation, that compensation does not preclude a charitable impulse, and that some important gift relationship posses elements of altruism and exchange.Ceux qui critiquent la marchandisation sont contre la vente mais pas contre le don de certains biens comme le sang ou les organes humains parce qu’un tel commerce exercerait une contrainte, corromprait morallement, et ne laisserait pas de place à l’altruisme. Ce papier traite de chacune de ces affirmations. Il consteste l’affirmation de Micheal Sandel selon laquelle l’échange volontaire exerce une contrainte, en suggérant qu’il confond ce qui injuste avec ce qui n’est pas libre. Si le commerce entraîne des coûts moraux, cet essai suggère que ces coûts devraient être comparés avec les coûts moraux associés aux interdictions de commerce tels que la perte de la vie humaine et ceux associés aux maux endémiques des marchés illégaux. Il critique aussi l’ouvrage de Richard Titmuss, “The Gift Relationship” en suggérant que les compensations monétaires en échange d’un don de sang n’évincent pas nécessairement le don de sang, qu’elles n’empêchent pas les impulsions charitables, et que d’importants actes de don comportent des éléments d’altruisme et d’échange. (shrink)

In this paper, we explore the particular issue of a biomedical research team engaging itself in different “trading zones” (Galison 1997). We do so by following the specific process of setting up a new microscope. We start by briefly introducing our general understanding of the concept of “trading zone.” Then we focus on the empirical material we collected, starting from the microscope as the researchers we followed were setting it up. Our analysis is twofold: we first describe the acts we (...) have been witnessing, then contrast them with the surrounding discourses and provide them with a rationale. We argue that the team created a sense of unity among its individual members and how this unity, though precarious, was needed and desired in order to further engage in a trading zone. (shrink)

This article introduces the neologism ‘odegeology’ to encompass theological discussion concerning divine guidance, a significant issue for spiritual formation and discipleship in the church. Jesus’ promise of power and his commission to be witnesses in Acts 1:8 establish the theme for the book called Praxeis in the Greek text. Acts is replete with examples of guidance for completing that mission, particularly in the ministries of Peter and Paul. Can Paul’s experiences with guidance, whether natural or supernatural, be considered a matter (...) of praxis for Christians today? In answering that question, this study will use Paul’s missionary journeys in Acts as a heuristic model for decision-making. The article will discuss the place of divine guidance in publications by Pentecostal/charismatic publishers and whether it is a subject addressed in the faculties of practical theology in their theological schools. The article closes with a discussion whether odegeology as practised in Acts should be normative for Christians today. (shrink)

This article argues that much of the uproar about insider trading has focused its concerns on the wrong parties. Most of the attention has focused on the adverse effects of insider trading on traders, i.e., individuals who sold while insiders were buying or bought when insiders were selling. The parties that were more likely to be hurt by insider trading are the owners of the companies, i.e., the insiders' employers which for corporations will be the ongoing shareholders, as well as (...) society in general. Since the undesirable acts of employees can occur without transactions involving securities, any reforms may want to view the process of misusing proprietary information as embezzlement or theft. The holding of insiders to a high ethical standard will result in a more efficient operation of the capital markets. (shrink)

This paper disputes the notion, endorsed by much of narrative theory, that the reading of literary narrative is functionally analogous to an act of communication, where communication stands for the transfer of thought and conceptual information. The paper offers a basic typology of the sensorimotor effects of reading, which fall outside such a narrowly communication-based model of literary narrative. A main typological distinction is drawn between those sensorimotor effects pertaining to the narrative qua verbal utterance (verbal presence) and those sensorimotor (...) effects pertaining to the imaginary physical world(s) of the story (direct presence). While verbal presence refers to the reader's vicarious perception of the voices of narrators and characters, direct presence refers to the emulated sensorimotor experience of the imaginary worlds that the narrators' and characters' utterances refer to. The paper further elaborates on how, by which kinds of narrative content and structure, direct presence may be prompted. The final section addresses some of the observational and historical caveats that must be attached to any theoretical inquiry made into the sensorimotor effects of reading. As a preliminary for further research, a few ideas about the model's potential for empirical validation are put forward. A brief, tentative history of the sensorimotor benefits of literary narrative reading is then outlined. (shrink)

Allocation tradeoffs with the immune system can enforce honesty on sexual signals that act as indicators of individual quality. Such tradeoffs can be brought about by (1) the dual action of testosterone, which stimulates sexual signals but also suppresses immune functions, and/or (2) competition for carotenoids, which can be deposited as ornamental pigments or used as antioxidants in support of immune functions. Recent studies1-3 integrate these two mechanisms by showing that testosterone treatment in male birds upregulates circulating lipoproteins, plasma carriers (...) for carotenoids, and increases bio-availability of carotenoids, which enhances carotenoid-based sexual coloration and immune responsiveness. BioEssays 29:427–430, 2007. © 2007 Wiley Periodicals, Inc. (shrink)

Civil liberty and privacy advocates have criticized the USA PATRIOT Act (Act) on numerous grounds since it was passed in the wake of the World Trade Center attacks in 2001. Two of the primary targets of those criticisms are the Act’s sneak-and-peek search provision, which allows law enforcement agents to conduct searches without informing the search’s subjects, and the business records provision, which allows agents to secretly subpoena a variety of information – most notoriously, library borrowing records. Without attending (...) to all of the ways that critics claim the Act burdens privacy, I examine whether those two controversial parts of the Act, the section 213 sneak-and-peak search and the section 215 business records gag-rule provisions, burden privacy as critics charge. I begin by describing the two provisions. Next, I explain why those provisions don’t burden privacy on standard philosophical accounts. Moreover, I argue that they need not conflict with the justifications for people’s claims to privacy, nor do they undermine the value of privacy on the standard accounts. However, rather than simply concluding that the sections don’t burden privacy, I argue that those provisions are problematic on the grounds that they undermine the value of whatever rights to privacy people have. Specifically, I argue that it is important to distinguish rights themselves from the value that those rights have to the rights-holders, and that an essential element of privacy rights having value is that privacy right-holders be able to tell the extent to which they actually have privacy. This element, which is justified by the right-holders’ autonomy interests, is harmed by the two provisions. (shrink)

Human oversight has become a key mechanism for the governance of artificial intelligence (“AI”). Human overseers are supposed to increase the accuracy and safety of AI systems, uphold human values, and build trust in the technology. Empirical research suggests, however, that humans are not reliable in fulfilling their oversight tasks. They may be lacking in competence or be harmfully incentivised. This creates a challenge for human oversight to be effective. In addressing this challenge, this article aims to make three contributions. (...) First, it surveys the emerging laws of oversight, most importantly the European Union’s Artificial Intelligence Act (“AIA”). It will be shown that while the AIA is concerned with the competence of human overseers, it does not provide much guidance on how to achieve effective oversight and leaves oversight obligations for AI developers underdefined. Second, this article presents a novel taxonomy of human oversight roles, differentiated along whether human intervention is constitutive to, or corrective of a decision made or supported by an AI. The taxonomy allows to propose suggestions for improving effectiveness tailored to the type of oversight in question. Third, drawing on scholarship within democratic theory, this article formulates six normative principles which institutionalise distrust in human oversight of AI. The institutionalisation of distrust has historically been practised in democratic governance. Applied for the first time to AI governance, the principles anticipate the fallibility of human overseers and seek to mitigate them at the level of institutional design. They aim to directly increase the trustworthiness of human oversight and to indirectly inspire well-placed trust in AI governance. (shrink)

Many strategies have been proposed to address the supply of bespoke essays and other assignments by companies often described as ‘Essay Mills’ with the act of supply and use being invariably described as ‘contract cheating’. These proposals increasingly refer to the law as a solution in common with other action. In this article, the lead author revisits work undertaken in 2016 as a result of recent legal and extra-legal developments to assess whether the UK Fraud Act (2006) might now be (...) used to tackle some of the activities of the companies involved, by comparing their common practises, and their Terms and Conditions, with the Act. It was previously found that all sites have disclaimers regarding the use of their products but there were some obvious contradictions in the activities of the sites which undermined those disclaimers, for example plagiarism-free guarantees for the work. In this article, we ask and consider the question whether this is still the case having regard to the impact of a change in the law by the UK supreme court and recent action of the UK Advertising Standards Authority. We also consider whether a call for a new offence to be created which specifically targets the undesirable behaviours of these companies is still justified. (shrink)

The United States Government does not mandate that US based firms follow US social and environmental law in foreign markets. However, because many developing countries do not have strong human rights, labor, and environmental laws, many multinationals have adopted voluntary corporate responsibility initiatives to self-regulate their overseas social and environmental practices. This article argues that voluntary actions, while important, are insufficient to address the magnitude of problems companies confront as they operate in developing countries where governance is often inadequate. The (...) United States can do more to ensure that its multinationals act responsibly everywhere they operate. First, policymakers should define the social and environmental responsibilities of global companies. They must consistently make their expectations for global business clear – and underscore that this objective can often be accomplished without mandates. Second, the US should closely examine the policies that undermine global Corporate Social Responsibility (CSR) and address the many conflicting signals sent by policymakers. Third, the President should make the US government a CSR model by examining how to use its purchasing power to promote human rights. Finally, the US government should require pension funds to report on the social and environmental consequences of their investments. In these ways, Americans can mind our business – and thus make sure that US based firms do not undermine social and environmental progress when they operate in the developing world. (shrink)