Boudewijn de Bruin

Climate change threatens humanity more than anything else. If we talk of nationalism, we ought therefore consider its pros and cons in light of the climate emergency. Anatol Lieven believes that civic nationalism along the lines of Chaim Gans, David Miller, and Yuli Tamir helps combat global warming. He thinks that when nationalists recognize that climate change is just as threatening to the survival of their nation-state as wars, they will make the sacrifices necessary to avert the threat. In this view, the military has an important role, and migration will have to be restricted. In this paper, I show that this solution is at best highly risky, and more probably unsound. However difficult it will be to realize, addressing climate change must be based on international cooperation, normatively grounded in human rights. I show how international law rather than civic nationalism gives us examples of how to go forward.

Financial incentives, learning, group consultation, and increased experimental control are among the experimental techniques economists have successfully used to deflect the behavioral challenge posed by research conducted by such scholars as Tversky and Kahneman. These techniques save the economic armchair to the extent that they align laypeople judgments with economic theory by increasing cognitive effort and reflection in experimental subjects. It is natural to hypothesize that a similar strategy might work to address the experimental or restrictionist challenge to armchair philosophy. To test this hypothesis, a randomized controlled experiment was carried out, as well as two lab experiments. Three types of knowledge attribution tasks were used. No support for the hypothesis was found. The paper describes the close similarities between the economist’s response to the behavioral challenge, and the expertise defense against the experimental challenge, and presents the experiments, results, and an array of robustness checks. The upshot is that these results make the experimental challenge all the more forceful.

What makes political freedom valuable to us? Two well-known arguments are that freedom contributes to our desire satisfaction and to our personal responsibility. Here, Boudewijn de Bruin argues that freedom is valuable when it is accompanied by knowledge. He offers an original and systematic account of the relationship between freedom and knowledge and defends two original normative ideals of known freedom and acknowledged freedom. By combining psychological perspectives on choice and philosophical views on the value of knowledge, he shows how known freedom is crucial to satisfy our desires and assume responsibility. Known freedom is compromised when salespeople deploy consumer-obfuscation, or when news outlets use contextual framing techniques to steer the way their audiences process information. Conversely, carefully developed consumer protection and information disclosure regulation can foster known freedom. Acknowledged freedom, from ethical and economic perspectives, offers protection and makes our freedoms more stable. It embodies an ideal of mutual recognition that underlies informed consent and the ethics of communication, and can also contribute to a flourishing corporate culture. This book integrates and extends cutting-edge research from philosophy, economics, psychology, and law to reorient debates on privacy, neuromarketing, sustainable finance, corporate culture, consumer protection, media violence, and freedom of speech. An original account of the relation between freedom and knowledge, integrating cutting-edge research from philosophy, economics, psychology, and law; defends the ideals of known and acknowledged freedom; offers new perspectives on debates surrounding privacy, corporate culture, consumer protection, freedom of speech, and more Introduction: Why Freedom is Not Enough 1:From Choice Overload to Discrimination: Arguments for Freedom 2:From Brainwashing to Neuromarketing: Freedom of Belief 3:From the Value of Knowledge to Skills and Stereotypes: The Individual Ideal of Known Freedom 4:From Common Knowledge to the Ethics of Communication: The Social Ideal of Acknowledged Freedom 5:Sustainable Finance and Responsible Investors 6:Ethics Management and Informed Stakeholders 7:Freedom of Speech and Consumer Autonomy 8:Liberal Privacy and Legal Protection Conclusion: How Freedom Can Be Sufficient

The global financial crisis has led to a surprising interest in professional oaths in business. Examples are the MBA Oath, the Economist’s Oath and the Dutch Banker’s Oath, which senior executives in the financial services industry in the Netherlands have been obliged to swear since 2010. This paper is among the first to consider oaths from the perspective of business ethics. A framework is presented for analysing oaths in terms of their form, their content and the specific contribution they make to business ethics management: oaths may foster professionalism, facilitate moral deliberation and enhance compliance. This framework is used to analyse and evaluate the MBA Oath, the Economist’s Oath and the Banker’s Oath as well as various other similar initiatives.

To commemorate 40 years since the founding of the Journal of Business Ethics, the editors in chief of the journal have invited the editors to provide commentaries on the future of business ethics. This essay comprises a selection of commentaries aimed at creating dialogue around the theme Ethics at the centre of global and local challenges. For much of the history of the Journal of Business Ethics, ethics was seen within the academy as a peripheral aspect of business. However, in recent years, the stakes have risen dramatically, with global and local worlds destabilized by financial crisis, climate change, internet technologies and artificial intelligence, and global health crises. The authors of these commentaries address these grand challenges by placing business ethics at their centre. What if all grand challenges were framed as grand ethical challenges? Tanusree Jain, Arno Kourula and Suhaib Riaz posit that an ethical lens allows for a humble response, in which those with greater capacity take greater responsibility but remain inclusive and cognizant of different voices and experiences. Focussing on business ethics in connection to the grand challenge of environmental emergencies, Steffen Böhm introduces the deceptively simple yet radical position that business is nature, and nature is business. His quick but profound side-step from arguments against human–nature dualism to an ontological undoing of the business–nature dichotomy should have all business ethics scholars rethinking their “business and society” assumptions. Also, singularly concerned with the climate emergency, Boudewijn de Bruin posits a scenario where, 40 years from now, our field will be evaluated by its ability to have helped humanity emerge from this emergency. He contends that Milieudefensie v. Royal Dutch Shell illustrates how human rights take centre stage in climate change litigation, and how business ethics enters the courtroom. From a consumer ethics perspective, Deirdre Shaw, Michal Carrington and Louise Hassan argue that ecologically sustainable and socially just marketplace systems demand cultural change, a reconsideration of future interpretations of “consumer society”, a challenge to the dominant “growth logic” and stimulation of alternative ways to address our consumption needs. Still concerned with global issues, but turning attention to social inequalities, Nelarine Cornelius links the capability approach to global and corporate governance, arguing that CA will continue to lie at the foundation of human development policy, and, increasingly, CSR and corporate governance. Continuing debate on the grand challenges associated with justice and equality, Laurence Romani identifies a significant shift in the centrality of business ethics in debates on managing differences, positing that dialogue between diversity management and international management can ground future debate in business ethics. Finally, the essay concludes with a commentary by Charlotte Karam and Michelle Greenwood on the possibilities of feminist-inspired theories, methods, and positionality for many spheres of business ethics, not least stakeholder theory, to broaden and deepen its capacity for nuance, responsiveness, and transformation. In the words of our commentators, grand challenges must be addressed urgently, and the Journal of Business Ethics should be at the forefront of tackling them.

The ethical practices of credit rating agencies, particularly following the 2008 financial crisis, have been subject to extensive analysis by economists, ethicists, and policymakers. We raise a novel issue facing CRAs that has to do with a problem concerning the transmission of epistemic status of ratings from CRAs to the beneficiaries of the ratings, and use it to provide a new challenge for regulators. Building on recent work in philosophy, we argue that since CRAs have different stakes than the beneficiaries of the ratings in the ratings being accurate, what counts as knowledge concerning credit risk for a CRA may not count as knowledge for the beneficiary. Further, as it stands, many institutional investors are bound by law to make some of their investment decisions dependent on the ratings of officially recognized CRAs. We argue that the observation that the epistemic status of ratings does not transmit from CRAs to beneficiaries makes salient a new challenge for those who think current regulation regarding the CRAs is prudentially justified, namely, to show that the harm caused by acting on a rating that does not have epistemic status for beneficiaries is compensated by the benefit from them acting on a CRA rating that does have epistemic status for the CRA. Unlike most other commentators, therefore, we offer a defeasible reason to drop references to CRAs in prudential regulation of the financial industry.

There is evidence to the effect that exposing children to alcohol consumption in the media increases the chances that they will consume alcohol as minors or as adults, and since alcohol consumption is associated with numerous public health issues, calls for stricter regulation can be heard from many quarters. This article argues that with the available research we cannot conclude that exposure to portrayals of alcohol consumption plays a genuine causal role in bringing about the things with which it is associated, that the strength of the correlation is too weak to justify regulation and that the sorts of things with which it is associated only rarely count as genuine harms from a liberal point of view. This article also argues that even if genuine harms were caused, no justification for regulation would directly follow because alcohol in the media could still be protected by freedom of speech and expression. Yet, the article argues that regulation is defensible if it can be shown that the harmful consequences arise in ways that bypass autonomy, or if it can be shown that the harmful consequences are unacceptable from the point of view of so-called ‘proleptic’ autonomy

Situationists maintain that psychological evidence (e.g., the well-known Good Samaritan experiment) challenges a key assumption of virtue ethics, namely that virtuous people display cross-situational consistency of behavior. This situationist critique is frequently thought to pose a serious threat to virtue ethics. Virtue ethicists have so far mainly put forward conceptual rather than empirical arguments against situationism. In this paper, we examine the extent to which a plausible empirical argument can be developed against situationism, and in favor of virtue ethics. We note that such an argument will naturally entail empirical simplification, and consequently concessions from both sides of the debate will be required. We argue, however, that with such concessions in place, the debate between situationists and virtue ethicists can be captured by a claim about the way that virtuous behavior may change when situations change. We report the results of an experiment (conducted twice, for replication) showing how social science methods can be introduced to the situationism debate to test such a claim empirically. Our results offer tentative support for eudaemonist and agent-based varieties (but not for target-centered) versions of virtue ethics.

In this topical book, Boudewijn de Bruin examines the ethical 'blind spots' that lay at the heart of the global financial crisis. He argues that the most important moral problem in finance is not the 'greed is good' culture, but rather the epistemic shortcomings of bankers, clients, rating agencies and regulators. Drawing on insights from economics, psychology and philosophy, de Bruin develops a novel theory of epistemic virtue and applies it to racist and sexist lending practices, subprime mortgages, CEO hubris, the Madoff scandal, professionalism in accountancy and regulatory outsourcing of epistemic responsibility. With its multidisciplinary reach, Ethics and the Global Financial Crisis will appeal to scholars working in philosophy, business ethics, economics, psychology and the sociology of finance. The many concrete examples and case studies mean that this book will also prove useful to policy-makers and regulators.

This article provides an outsider perspective on the scientificity of legal studies. First, I argue that the presence of controversies does not mean that legal studies lack the status of a genuine science. Astronomy, mathematics, and economics have their controversies, too. Second, I show that non-empirical, non-normative research is no less scientific than empirical research. This is illustrated by work in mathematical logic. Third, I demonstrate the same claim for non-empirical, normative research.Here the example is research on social contract theories by means of gametheoretic models

This paper presents new evidence on the impact of socioeconomic status and education on knowledge attribution. I examine a variety of cases, including vignettes where agents have been Gettiered, have false beliefs, and possess knowledge. Early work investigated whether SES might be associated with knowledge attribution :429–460, 2001; Seyedsayamdost in Episteme 12:95–116, 2014). But these studies used college education as a dummy variable for SES. I use the recently developed Great British Class Survey :219–250, 2013) to measure SES. The paper reports evidence against an association between SES and patterns of knowledge ascription, and reports mixed evidence about education effects.

This paper presents an argument for the value of privacy that is based on a purely negative concept of freedom only. I show that privacy invasions may decrease a person’s negative freedom as well as a person’s knowledge about the negative freedom she possesses. I argue that not only invasions that lead to actual interference, but also invasions that lead to potential interference (many cases of identity theft) constitute actual harm to the invadee’s liberty interests, and I critically examine the courts’ reliance on a principle of ‘no harm, no foul’ in recent data breach cases. Using a number of insights from the psychology of human belief, I also show that the liberal claim for protection of privacy is strengthened by the observation that often the privacy invader cannot be held responsible for the influence on the invadee’s negative freedom.

Susan Hurley has argued against a well known argument for freedom of speech, the argument from autonomy, on the basis of two hypotheses about violence in the media and aggressive behaviour. The first hypothesis says that exposure to media violence causes aggressive behaviour; the second, that humans have an innate tendency to copy behaviour in ways that bypass conscious deliberation. I argue, first, that Hurley is not successful in setting aside the argument from autonomy. Second, I show that the empirical data are irrelevant to statutory regulation of media violence. They do not yield a sufficiently strong correlation between exposure to media violence and non-autonomously copied criminal violence, and they do not yield a way ex ante to individuate the viewers who will be affected by media violence.

The global financial crisis has led to a surprising interest in professional oaths in business. Examples are the MBA Oath, the Economist’s Oath and the Dutch Banker’s Oath, which senior executives in the financial services industry in the Netherlands have been obliged to swear since 2010. This paper is among the first to consider oaths from the perspective of business ethics. A framework is presented for analysing oaths in terms of their form, their content and the specific contribution they make to business ethics management: oaths may foster professionalism, facilitate moral deliberation and enhance compliance. This framework is used to analyse and evaluate the MBA Oath, the Economist’s Oath and the Banker’s Oath as well as various other similar initiatives.

This paper presents a meta-ranking of philosophy journals based on existing rankings, and a new ranking of philosophy journals developed through a survey involving a thousand authors (351 respondents, data collection May 2022) of articles from the most recent issues of 40 general philosophy journals. In addition to assessing journal quality, data were gathered on various variables such as gender, age, years in academia, number of refereed publications, area of specialization, and journal affiliation (as an author or editor). Findings indicate that only area of specialization and affiliation have some influence on respondents’ assessments. Authors affiliated with particular journals rate them higher than non-affiliated authors. The paper discusses criticisms of both citation-based and survey-based journal rankings, and offers words of caution regarding the practical use of rankings.

This article sketches ways in which business ethics should contribute to addressing the climate emergency. I consider some ways in which normative contributions to the debate on climate change and global warming have been defended, and how international thinking about environmental issues has moved from consequentialist to justice- and rights-based thinking. A recent case that came before the Hague District Court between a Dutch branch of Friends of the Earth, Milieudefensie, and Royal Dutch Shell (Milieudefensie v. Royal Dutch Shell), serves as an illustration of how human rights have taken centre stage in climate change litigation – and how business ethics has entered the courtroom. I use this case also to show where the contributions of our field lie: to think about consequences and principles, to include various stakeholders in our evaluations, and to conceptualize the responsibilities of business and politics.

This Chapter studies legislative initiatives around sustainable finance deriving from the Action Plan: Financing Sustainable Growth (also called ‘Sustainable Finance Action Plan’, ‘Action Plan’ henceforth), published by the European Commission (‘Commission’) in 2018 (Communication 2018/97). I evaluate various instruments proposed in the Action Plan, using a reflexive law approach coupled with insights from business ethics and epistemology (De Bruin, 2013, 2015). I point to the challenges such an approach encounters, and offer suggestions how to address them. Reflexive law approaches to legislation (Farber 1994, Hess 1999, Orts 1994, Farmer & Teubner 1994) acknowledge the limits of law as an instrument to realize social or political goals, and stress the need to encourage self-reflection and transparency among stakeholders through procedural rather than ‘command-and-control’ legislation. Typical reflexive law instruments involve disclosure, reporting, and labelling. Examining the Action Plan, I show that the main legislative instruments it puts forward are reflexive. I use empirical and theoretical work that challenges the effectiveness of some of these instruments. Drawing on recent work from behavioural economics I suggest that these problems may be overcome once we integrate more fully in reflexive law what it means for people ‘reflectively’ to recruit evidence and gather knowledge, and once we appreciate the value knowledge has over and above mere belief. My argument here is not so much to the effect that more interventionist regulatory tools are needed (they are dearly needed, but that is not the point here). Rather I argue that once a regulator opts for a reflexive law approach, a richer notion of information should be deployed. I call this ‘epistemic’ instead of ‘reflexive’ law. The Chapter gives some background information about the Action Plan, introduces the core ideas of reflexive law, shows how the Action Plan is reflexive law par excellence, considers the challenges, and offers a few modest suggestions.