Julian Friedland

This paper provides a critique of the contemporary notion of intellectual property based on the consequences of Wittgenstein's “private language argument”. The reticence commonly felt toward recent applications of patent law, e.g., sports moves, is held to expose erroneous metaphysical assumptions inherent in the spirit of current IP legislation. It is argued that the modern conception of intellectual property as a kind of natural right, stems from the mistaken internalist or Augustinian picture of language that Wittgenstein attempted to diffuse. This view becomes persuasive once it is shown that a complete understanding of the argument against private language must include Wittgenstein's investigation of the role of the will in the creative process. It is argued that original thought is not born by decree of the will, but engendered by a public context of meaning and value. What marks a person as a genius is, therefore, according to Wittgenstein, not some sovereign capacity of conceptual world-making, but merely a propitious dose of intellectual courage.

Notre etude se concentre principalement sur la "seconde philosophie" de Wittgenstein pour developper d'avantage le theme deja central depuis sa "premiere philosophie", selon lequel l'ethique et l'esthetique sont transcendentales. Nous etudions ainsi les relations entre l'esthetique, la signification et la valeur en reempruntant la methode de l'analyse linguistique par experiences de pensee, dont wittgenstein se servait pour devoiler les erreurs fatales du projet positiviste. Nous montrons que cette critique est particulierement propice aujourd'hui ou la majorite des philosophes analytiques importants partagent de nouveau une metaphysique materialiste d'un esprit tout a fait positiviste. Les theses fondatrices de cette nouvelle vision se reunissent generalement autour de la question de l'origine du langage (traitee en premiere partie) et entrainent certaines consequences (traitees en deuxieme partie) notamment, concernant l'intelligence artificielle, la propriete intellectuelle, et la valeur ethique.

This paper develops Wittgenstein’s view of how experiences of ethical value contribute to our understanding of the world. Such experiences occur when we perceive certain intrinsic attributes of a particular being, object, or location as valuable irrespective of any concern for personal gain. It is shown that experiences of ethical value essentially involve a characteristic ‘listening’ to the ongoing transformations and actualizations of a given form of life—literally or metaphorically speaking. Such immediate impressions of spontaneous sympathy and agreement reveal ethics and aesthetics as transcendental. Ultimately, I will attempt to show that from this point of view, forms of life are transcendental determinants of meaning and, as such, the principal objects of ethical value. Descriptive(not explanatory) ontological grounding is thereby provided for the ethical value of species, languages, and cultures.

There is growing concern that a global economic system fueled predominately by financial incentives may not maximize human flourishing and social welfare externalities. If so, this presents a challenge of how to get economic actors to adopt a more virtuous motivational mindset. Relying on historical, psychological, and philosophical research, we show how such a mindset can be instilled. First, we demonstrate that historically, financial self-interest has never in fact been the only guiding motive behind free markets, but that markets themselves are representations of our individual and collective moral identities. Building on this understanding, we review the research on how economic incentives crowd out virtue-oriented concerns. We then introduce the concept of moral self-awareness (MSA), an evolving mindset informed by reflection on moral identity, namely what one’s actions say about oneself given the impacts on others or society that one’s action may effect. MSA comprises three fundamental aspects of virtue-oriented reasoning: pride, shame, and guilt. Finally, we offer a four-stage model anchored in systems theory, yielding ever more refined motivating strategies for maximizing human flourishing and social welfare externalities.

This paper describes Wittgenstein's pre-theoretical transcendentalist conception of ethics and the challenge it presents for the kind of global cosmopolitan perspective required of any multinational social responsibility strategy. It is argued that this challenge can be overcome through establishing a sense of solidarity with all stakeholders via a corporate social compact rooted in what Wittgenstein refers to as spontaneous agreement and sympathy. Contemporary examples of successful strategies are provided.

Like any social science, management and organization sits astride two literary and epistemic disciplines; the empirical and the conceptual. I argue that emphasizing the former to the detriment of the latter, as is often the case in management and organization research, creates a conceptual blindness that compromises progress in the field. I show how adopting a more philosophically attuned methodology buttresses the conceptual tools of management and organization research via deduction, induction, normative grounding, and overcoming the illusion of unanimity.

Several European and North American states encourage or even require, via good Samaritan and duty to rescue laws, that persons assist others in distress. This paper offers a utilitarian and contractualist defense of this view as applied to corporations. It is argued that just as we should sometimes frown on bad Samaritans who fail to aid persons in distress, we should also frown on bad corporate Samaritans who neglect to use their considerable multinational power to undertake disaster relief or to confront widespread social ills such as those currently befalling public health (obesity) and the environment (climate change). As such, the corporate duty to assist approach provides a novel justification for sustainable business practices in such cases. The paper concludes by arguing that traditional stakeholder approaches have not articulated this duty of assistance obligation, though a new utilitarian stakeholder theory by Thomas Jones and Will Felps may be coextensive.

Ethical business creates social value. That’s the theme of this bold new volume, heralding and defending this rapidly-growing new conception of capitalism making its way into the mainstream. It provides clear and succinct guidelines for how to evaluate what counts as an ethical business as well as how and why ethical businesses tend to succeed better over the long term. The book is jargon-free and targeted primarily at thought leaders and academics in business and philosophy who will want to use it in their business ethics classes. Each chapter has been selected for its ability to engage a wide audience without oversimplifying the content. All twelve chapters are original and authored by leading business ethicists including William Shaw, Tony Simons, Duane Windsor, and Mark Schwartz. Each piece makes use of recent empirical evidence or ethical theory (or both) in order to present a detailed yet overarching picture of what ethical business looks like—and how to achieve it—in today’s global environment.

Most prominent arguments favoring the widespread discretionary business practice of sending jobs overseas, known as ‘offshoring,’ attempt to justify the trend by appeal to utilitarian principles. It is argued that when business can be performed more cost-effectively offshore, doing so tends, over the longterm, to achieve the greatest good for the greatest number. This claim is supported by evidence that exporting jobs actively promotes economic development overseas while simultaneously increasing the revenue of the exporting country. After showing that offshoring might indeed be justified on utilitarian grounds, I argue that according to Rawlsian social-contract theory, the practice is nevertheless irrational and unjust. For it unfairly expects the people of a given society to accept job-gain benefits to peoples of other societies as outweighing job-loss hardships it imposes on itself. Finally, I conclude that contrary to socialism, which relies much more on government control, capitalism constitutes a social contract that places a particularly strong moral obligation on corporations themselves to refrain from offshoring

Research into the proper mission of business falls within the context of theoretical and applied ethics. And ethics is fast becoming a part of required business school curricula. However, while business ethics research occasionally appears in high‐profile venues, it does not yet enjoy a regular place within any top management journal. I offer a partial explanation of this paradox and suggestions for resolving it. I begin by discussing the standard conception of human nature given by neoclassical economics as disseminated in business schools; showing it is a significant obstacle to an accurate conception of ethics and how this limits consideration of sustainability and corporate social responsibility. I then examine the scope of the top management journals, showing how their empirical and descriptive focus leaves little room for ethics, which is an essentially conceptual and prescriptive discipline. Finally, I suggest avenues for research into the ethical mission of business, generally—and sustainability and CSR, in particular—by appeal to the precepts of Harvard Business School’s Master’s in Business Administration ethics oath modeled on the medical and legal professions.

Prominent non-speciesist attempts to determine the amount of moral standing properly attributable to conscious beings argue that certain non-human animals should be granted the highest consideration as self-conscious persons. Most of these theories also include a lesser moral standing for the sentient, or merely conscious, non-person. Thus, the standard approach has been to advocate a two-tiered theory—'sentience' or 'consciousness' and 'self-consciousness' or 'personhood'. While the first level seems to present little interpretative difficulty, the second has recently been criticized as a rather obscurantist label. For it would seem, both on empirical and conceptual grounds, that self-consciousness/personhood comes in degrees. If these observations are at all revealing, they indicate that the two-tiered model is inadequate. This is the view I will support here, replacing the standard dichotomy with a more accurate seven-tiered account of cognitive moral standing adaptable to all three major perspectives of moral reasoning, namely, utilitarianism, deontology and virtue ethics.

Ask most any cognitive scientist working today if a digital computational system could develop aesthetic sensibility and you will likely receive the optimistic reply that this remains an open empirical question. However, I attempt to show, while drawing upon the later Wittgenstein, that the correct answer is in fact available. And it is a negative a priori. It would seem, for example, that recent computational successes in generative AI and textual attribution, most notably those of Donald Foster (famed finder of Ted Kazinski a.k.a. “the Unibomber”) speak favorably of the connectionist model's capacity to overcome the “aspect blindness” handicap in this domain. I argue however that such results are only achievable when rigid input‐to‐output parameters are given, and that this element is precisely what is absent in standard examples of aesthetic judgment. I thus conclude that while the connectionist model anticipated by Turing may provide the best approach for the AI project, its capacity for meeting its own sufficiency requirements is necessarily crippled by its inability to share in what can be generally referred to as the collective engagements of human solidarity.