Business
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I look forward to hearing your thoughts on the attached paper at the session on Friday. The paper is part of a larger project on how we should regulate conduct that is socially productive, but poses some risk of harm to others. The official technique for risk regulation in the modern administrative state is some form of cost/benefit analysis: we tote up the expected social benefits and expected social costs of alternative courses of conduct, and opt for that course that is expected to generate the largest aggregate benefits (net of costs). There is a vast and growing critical literature on the normative, conceptual, and administrative problems with cost/benefit analysis. I agree with many of those criticisms. But my particular interest in this project is the objection raised to any aggregative procedure, on the familiar deontological ground that it fails to respect the distinct rights and interests of individuals. Accepting the moral impulse behind that objection as understandable, maybe even compelling, the question I want to address is whether nonconsequentialists have offered—or could offer‐‐ any coherent alternative to aggregation in this context.

The short answer is, I don’t think so. I want to underscore that this is not a broadside attack on nonconsequentialist principles or a categorical defense of consequentialism. It is a domain‐specific concern. For reasons I touch on briefly in this chapter, I think that deontological principles by their nature are the wrong tools to solve the fundamental problems raised by accidental (unintended) harms, and that this reality has been obscured by the limited and somewhat peculiar focus of the immense philosophical literature on harm to others.

While these larger concerns are in the background, this chapter mostly focuses on the central deontological objection to aggregative solutions to regulating potentially harmful conduct: that it violates our duty not to act in a fashion that will result in harm to others.

Please do not cite to without permission of the author.

Encina Ground Floor Conference Room

Barbara Fried William E.and Gertrude H. Saunders Professor in Law Speaker Stanford University
Workshops
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Ambassador Kinsman retired from the Canadian Foreign Service in 2006. Over his 40 years of service, he was Chairman of Policy Planning and later Political Director before being named Canada's Ambassador in Moscow in 1992. He was subsequently Ambassador in Rome (1996-2000), High Commissioner in London (2000-2002), and Ambassador to the EU in Brussels (2002-2006). Earlier postings abroad included being Deputy Permanent Representative to the UN in New York and Minister for Political Affairs in Washington. From 1985 to 1989 he was the senior federal official responsible for Cultural Affairs and Broadcasting where he was responsible for preparing the still-current Broadcasting Act, on which he continues to consult.

Today Ambassador Kinsman is a Contributing Writer for Policy Options magazine, a regular commentator for CBC News, and is published widely elsewhere, such as in the International Herald Tribune. He is a frequent speaker and lecturer in Europe and North America, and in 2007-2008 was Diplomat in Residence at the Woodrow Wilson School of Princeton University, Princeton, N.J. In fall, 2009 he will be a Regents' Lecturer at the University of California, Berkeley.

He has been a member of numerous Boards, including the Imperial War Museum, London, the Commonwealth War Graves Commission, and the European Policy Centre, and several non-profit Boards, including the Council for a Community of Democracies, and the Victoria Conservatory of Music. His principal business contribution is to the Dundee Group of companies, and he sits as an independent Director on the Board of Dundee Precious Metals, Toronto.

He attended Princeton University and the Institut d'Etudes Politiques, Paris. He lives on Vancouver Island with his wife Hana.

Encina Ground Floor Conference Room

Jeremy Kinsman Lecturer Speaker UC Berkeley
Seminars
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Professor Horrigan will be discussing recent developments in corporate governance, responsibility and sustainability under Anglo-american law. In particular, he will explain how Australia's embrace of the UK-Canadian institutional dialogue model will affect business, human rights, and corporate social responsibility. He will also be providing an update from the recent UN Secretary-General's Special Representative business and human rights session in Toronto.

Professor Bryan Horrigan is currently the Louis Waller Chair of Law and Associate Dean (Research) at Monash University’s Faculty of Law in Melbourne, Australia.  He is also a long-standing law firm consultant in business and governmental areas of law and practice.

Professor Horrigan completed his undergraduate studies at the University of Queensland and holds a doctorate in law from Oxford University as a Rhodes Scholar. He has held academic and research leadership positions previously at a number of Australian universities, including Director of the National Centre for Corporate Law and Policy Research, Deputy Director of the National Institute for Governance, and Foundation Co-Director of the Centre for Comparative Law, History, and Governance.

His most recent book in the area of corporate responsibility and governance, Corporate Social Responsibility in the 21st Century: Debates, Models, and Practices Across Government, Law, and Business, is to published internationally by UK-based Edward Elgar Publishing in the latter part of 2009.  The book was commenced during his time as a Visiting Scholar at the Wharton Business School.

Encina Ground Floor Conference Room

Bryan Horrigan Louis Waller Chair of Law and Associate Dean (Research) Speaker Monash University’s Faculty of Law in Melbourne, Australia
Seminars
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Tapan Parikh, of UC Berkeley School of Information, spoke about a number of projects that are using mobile phone based technology to give small businesses the information they need to improve productivity. He argued that voice technology has distinct advantages over text, because it overcomes challenges of illiteracy while responding to a strong need people feel to be heard. 

Information is key for economic development and empowerment. But information is worthless unless it is also useable (leads to decisions the business owner can actually take), trusted (comes from a source he respects) and relevant (speaks about the issues he is facing). For information to be really empowering, it must also be two way: there must be ways for individuals to create content themselves.

Tapan described three current projects he is involved in:

Hisaab: Microfinance groups in India often suffer from poor paper based record keeping, making it difficult for the group to track loans and repayments. The Hissab software was designed with an interface suitable for those who may be illiterate and/or new to computing. The use of voice commands and responses in the local language, Tamil, prevented the software from feeling remote and inaccessible and contributed to the success of this initiative. 

Avaaj Otalo: Agricultural extension workers provide advice to farmers on pests, new techniques etc to help improve yields. But often they have limited reach, visiting areas only rarely, or perhaps lacking the expertise to respond to all the problems they encounter. Avaaj Otalo is a system for farmers to access relevant and timely agricultural information over the phone. By dialing a phone number and navigating through simple audio prompts, farmers can record questions, respond to others, or access content published by agricultural experts and institutions. The service has been hugely popular, with farmers willing to spend time listening to large amounts of material to find what they want. The opportunity to be broadcast was a major attraction, reflecting the desire to be heard and to create media rather than be a passive consumer of it.

Digital ICS: Smallholders' compliance with organic, fair-trade and quality requirements is usually measured via paper based internal inspections. The data uncovered by these is vital but often lost. Digital ICS is a mobile phone based application that allows inspectors to fill out the survey digitally, enhance it with visual evidence (e.g. from camera phones) and upload it onto a web application. This is being piloted with coffee farmers in Mexico. A key finding from the work is that farmers want to know who ends up drinking their coffee, what they pay for it and what they think about it. Greater links between producers and consumers may therefore be another area for this project to investigate.  

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