Indirect Agency Research Articles

Commanding the Queen

Abstract The gendered lines between direct and indirect agency blur in the book of Esther, in line with its ‘topsy-turvy’ carnivalesque attitude. Queen Esther acts with direct agency (the power to command her fellow Jews, then accusing Haman of treachery), while her cousin Mordecai gains power indirectly (through his relationship with Esther and through the knowledge he gains from listening to eunuchs) and is threatened with death when he attempts to exercise more direct agency. These reversals of expectations can be connected with the Bem Sex Role Inventory (BSRI), an influential twentieth century set of descriptors that link certain psychological traits to masculinity or femininity—with most of the words associated with direct agency in the ‘masculine’ category. One could simply conclude that the Book of Esther is blurring gender lines, but an intersectional perspective reveals more at stake: the Book of Esther demonstrates that the power dynamics that dictate who can have direct agency do not always align with gender. This forces us to re-examine metrics like the BSRI for how they reflect existing power roles rather than inherent tendencies. Is direct agency inherently masculine, or just something that men have had more capacity to exercise? The complicated dynamics of the Book of Esther bring this question into focus, without offering a clear-cut answer.

Bridging the accountability gap of artificial intelligence – what can be learned from Roman law?

AbstractThis paper discusses the accountability gap problem posed by artificial intelligence. After sketching out the accountability gap problem we turn to ancient Roman law and scrutinise how slave-run businesses dealt with the accountability gap through an indirect agency of slaves. Our analysis shows that Roman law developed a heterogeneous framework in which multiple legal remedies coexist to accommodate the various competing interests of owners and contracting third parties. Moreover, Roman law shows that addressing the various emerging interests had been a continuous and gradual process of allocating risks among different stakeholders. The paper concludes that these two findings are key for contemporary discussions on how to regulate artificial intelligence.

Von mandatum zum Bevollmächtigungsvertrag

The contract of authorization in the Austrian civil code (ABGB) is based on the mandatum of Roman law, but differs from it in two crucial points: First, the ancient mandatum was a necessarily gratuitous transaction. Within a contract of authorization, on the other hand, the parties can either agree on a remuneration for the representative or not. Second, the ancient manda‐tum was a form of indirect agency, while the power of attorney contract can lead to direct agency. This article examines how these two differences evolved in the drafting of the Austrian civil code.

Authorizing geographical knowledge: John Arrowsmith, mapmaking and the mid nineteenth-century British Empire

This article examines how the prominent mapmaker, engraver and publisher John Arrowsmith (1790–1873) functioned as a geographical authority in the mid nineteenth-century British Empire. Through previously unexamined archival material I analyse Arrowsmith’s close relationship with the Colonial Office and consider his semi-official position as a mapmaker to the British Empire. I analyse Arrowsmith’s cartographic credibility and the power of maps through a case study focusing on Australind, a private colonization venture targeted at Western Australia in 1840. I analyse the ‘social life’ of a map Arrowsmith supplied for the Western Australian Company largely based on explorer George Grey’s information by examining its contested epistemological status in the Australian colonies. Using literature on trust, authority and the social histories of maps, this article highlights the mutability and spatial contingency of the power of maps and their makers in imperial and colonial knowledge-making. By studying the map’s shifting position in the processes of truth-making in the metropolis and the Australian colonies I contribute to growing literature on the processual nature of maps. Importantly, I demonstrate how maps like Arrowsmith’s not only contributed to the popular imagination of empire at home but were documents of indirect agency as the British invaded and explored different parts of the world.

Deaths and Disappearances in Migration to Europe: Exploring the Uses of a Transnationalized Category

The high number of persons lost, missing, or dead without confirmation of decease in the Euro-Mediterranean in the context of migration and seek of asylum pose a challenge to the technical and conceptual tools available in order to account for their lives. This article explores the reach and possible uses of the category of enforced disappearance. The genealogy of enforced disappearance in Latin America in the 1970s is presented and discussed in terms of its legacies and teachings, like the importance of distinguishing disappearances from deaths. The recent incorporation of “disappearances in context of migration” as a matter of concern in explorative studies of the UN Working Group on Enforced or Involuntary Disappearances is subsequently exposed and analyzed. Indirect, outsourced, or externalized state agency, creation of spaces of abandonment from the states, and emergence of spaces of indeterminacy between life and death are some of the aspects related to migratory routes to Europe tackled by the recommendations of the Working Group. Finally, the text explores the affinity between migrants’ disappearances and other contemporary forms of exclusion or expulsion which may be subsumed under the category of “social disappearances.”

O odpowiedzialności nieletnich w warunkach określonych w art. 10 § 2 Kodeksu karnego za różne postaci współdziałania przestępnego. Część druga

<p>The entire study is devoted to the question of the imputability of criminal responsibility to a minor acting under the conditions set out in Article 10 § 2 of the Criminal Code for acts committed in various phenomenal forms. In the second part of the study, the author justifies his own concept, referring it to the construction of a single entity, in particular using the so-called indirect agency as well as incitement and aiding. The work ends with a concise conclusion combined with a reference to the general rules of interpretation.</p>

Unauthorised Agency in Dutch Law

Under Dutch law, unauthorised agency arises when a person (the ‘agent’) concludes a contract with a third party in the name of someone else (the ‘principal’) without (sufficient) authority. The general effect is that neither the principal nor the third party is bound or entitled under a contract so concluded. This rule is not applied in cases where the third party successfully invokes the doctrine of apparent authority or where the principal subsequently ratifies the unauthorised act. Furthermore, in the case of unauthorised agency the third party may hold the unauthorised agent (the falsus procurator) liable for the damage which he has suffered as a consequence of the agent’s lack of authority. In this chapter, in II, I first examine the distinction between direct and indirect agency. In III I devote some attention to the nature and general effect of unauthorised agency. Afterwards, I then turn to the main exceptions to the general effect of unauthorised agency: apparent authority (IV) and ratification (V). VI follows with some comments on the liability of the falsus procurator and VII with a treatment of the interrelationship between apparent authority, ratification and the liability of the falsus procurator. VIII and IX each elaborate on a special case which can be associated with unauthorised agency, namely acting in the name of a principal yet to be named and acting in the name of a company yet to be incorporated. X ends this chapter with some concluding observations.

The Foucault Effect in Organization Studies

Since the establishment of Organization Studies in 1980, Michel Foucault’s oeuvre has had a remarkable and continuing influence on its field. This article traces the different ways in which organizational scholars have engaged with Foucault’s writings over the past thirty years or so. We identify four overlapping waves of influence. Drawing on Foucault’s Discipline and Punish, the first wave focused on the impact of discipline, and techniques of surveillance and subjugation, on organizational practices and power relations. Part of a much wider ‘linguistic’ turn in the second half of the twentieth century, the second wave led to a focus on discourses as intermediaries that condition ways of viewing and acting. This wave drew mainly on Foucault’s early writings on language and discourse. The third wave was inspired by Foucault’s seminal lectures on governmentality towards the end of the 1970s. Here, an important body of international research investigating governmental technologies operating on subjects as free persons in sites such as education, accounting, medicine and psychiatry emerged. The fourth and last wave arose out of a critical engagement with earlier Foucauldian organizational scholarship and sought to develop a more positive conception of subjectivity. This wave draws in particular on Foucault’s work on asceticism and techniques of the self towards the end of his life. Drawing on Deleuze and Butler, the article conceives the Foucault effect in organization studies as an immanent cause and a performative effect. We argue for the need to move beyond the tired dichotomies between discipline and autonomy, compliance and resistance, power and freedom that, at least to some extent, still hamper organization studies. We seek to overcome such dichotomies by further pursuing newly emerging lines of Foucauldian research that investigate processes of organizing, calculating and economizing characterized by a differential structuring of freedom, performative and indirect agency.

Moral is political Notions of ideal citizenship in Lie Kim Hok’s Hikajat Khonghoetjoe

This paper argues that the Hikajat Khonghoetjoe (The life story of Confucius), written by Lie Kim Hok in 1897, is a medium to propose modern ideas of flexible subjectivity, cosmopolitanism, active citizenship and the concepts of good governance to the Chinese Peranakans who experienced political and racial discrimination under Dutch colonization. Using the figure of Confucius, Lie aimed to cultivate virtuous subjects who apply their faith and morality in political sphere. He intended to raise political awareness and rights among the Chinese as colonial subjects and to valorize their bargaining power with the Dutch colonial government. By introducing Confucianism, Lie proposed that the Chinese reconnect themselves with China as an alternative patronage which could subvert White supremacy. Instead of using sources in Chinese, Lie translated the biography of Confucius from the European texts. In crafting his story, Lie applied conglomerate authorship, a technique commonly practised by Malay authors. It allowed him to select, combine and appropriate the source texts. To justify that Confucius' virtue and his teaching were superb and are applicable to contemporary life, Lie borrowed and emphasized European writers’ high appraisal of Confucianism, instead of using his own arguments and opinions. I call this writing technique “indirect agency”.

The Closeness Problem and the Doctrine of Double Effect: A Way Forward

A major challenge to the Doctrine of Double Effect (DDE) is the concern that an agent’s intention can be identified in such a fine-grained way as to eliminate an intention to harm from a putative example of an intended harm, and yet, the resulting case appears to be a case of impermissibility. This is the so-called “closeness problem.” Many people believe that one can address the closeness problem by adopting Warren Quinn’s version of the DDE, call it DDE*, which distinguishes between harmful direct agency and harmful indirect agency. In this paper, I first argue that Quinn’s DDE* is just as vulnerable to the closeness problem as the DDE is. Second, some might think that what we should therefore do is give up on intentions altogether and move towards some kind of non-state-of-mind, victim-based deontology. I shall argue against this move and explain why intentions are indispensable to an adequate nonconsequentialist theory. Finally, I shall propose a new way of answering the closeness problem.

Distinguishing Between Three Versions of the Doctrine of Double Effect Hypothesis in Moral Psychology

Based on the results of empirical studies of folk moral judgment, several researchers have claimed that something like the famous Doctrine of Double Effect (DDE) may be a fundamental, albeit unconscious, component of human moral psychology. Proponents of this psychological DDE hypothesis have, however, said surprisingly little about how the distinction at the heart of standard formulations of the principle—the distinction between intended and merely foreseen consequences—might be cognised when we make moral judgments about people’s actions. I first highlight the problem of precisely formulating the distinction between intended and foreseen consequences and its implications for interpreting the empirical data on folk moral judgment. I then distinguish between three different approaches to this problem that have been taken by proponents of the DDE in normative ethics: so-called “closeness” accounts, accounts that employ what has come to be known as a “strict” notion of intention, and Warren Quinn’s recasting of the DDE in terms of the distinction between “direct” and “indirect agency”. I show that when taken as claims about moral psychology, these different accounts entail quite different empirical predictions about what people’s moral judgments should be in particular cases. Based on the current empirical data, I argue that a version of Quinn’s formulation of the DDE is the most empirically plausible, and that adopting such a formulation helps to diffuse much (though not all) of the recent empirical criticism of the DDE hypothesis.

Conflicts between Absolute Rights: A Reply to Steven Greer

Can absolute rights conflict? Is it permissible to torture a person to save others from torture? And what can judges learn from trolleys? In this article, presented as a reply to an article by Steven Greer, I investigate the above questions in the context of the case law of the European Court of Human Rights. Drawing on Gafgen v Germany, I construct a hypothetical case of conflicting absolute rights, which cannot be resolved by the existing strands of legal reasoning in the case law of the Court. Instead, I argue, recourse must be had to moral reasoning. In discussing one of moral philosophy’s deepest conundrums—the Trolley Problem—I rely on the distinction between negative and positive obligations and between direct and indirect agency to unravel the dilemma. Translating the moral argument into legal reasoning, I conclude that in cases of conflicts between absolute rights, negative obligations principally trump positive obligations.

Three Cheers for Double Effect

Abstract The doctrine of double effect, together with other moral principles that appeal to the intentions of moral agents, has come under attack from many directions in recent years, as have a variety of rationales that have been given in favor of it. In this paper, our aim is to develop, defend, and provide a new theoretical rationale for a secular version of the doctrine. Following Quinn (1989), we distinguish between Harmful Direct Agency and Harmful Indirect Agency. We propose the following version of the doctrine: that in cases in which harm must come to some in order to achieve a good (and is the least costly of possible harms necessary), the agent foresees the harm, and all other things are equal, a stronger case is needed to justify Harmful Direct Agency than to justify Harmful Indirect Agency. We distinguish between two Kantian rationales that might be given for the doctrine, a “dependent right” rationale, defended by Quinn, and an “independent right” rationale, which we defend. We argue that the doctrine and the “independent right” rationale for it are not vulnerable to counterexamples or counterproposals, and conclude by drawing implications for the larger debate over whether agents' intentions are in any way relevant to permissibility and obligation.

Risks of Corporate Entrepreneurship: Autonomy and Agency Issues

Although research on corporate entrepreneurship (CE) has attracted increasing attention, risks of CE are not well examined. In this paper, we examine direct and indirect agency risks associated with providing middle and operational managers with autonomy in the hopes of encouraging CE. The key ideas behind our discussion involve two dilemmas of CE. (1) To solve the risk-averseness problem of middle and operational managers and unleash their entrepreneurial ideas, top management needs to encourage autonomous behaviors, which can also exacerbate a different type of agency problem: opportunistic behaviors. (2) Although the generation of new ideas to explore new strategic directions and/or opportunities is important, the very newness of the ideas make them difficult to evaluate, and thus the selection process may be perceived as unfair by some managers. We propose that (a) stock options, (b) passive monitoring, and (c) perceived procedural justice would attenuate the negative side effects associated with CE, such as opportunistic behaviors and perceived unfairness. Although research in CE often stresses autonomy of middle and operational managers for new idea generation as important, examining the whole process in terms of idea generation, selection, and implementation with respect to potential risks will extend the CE literature.

Avoiding the risk of responsibility by seeking uncertainty: Responsibility aversion and preference for indirect agency when choosing for others

Uncertainty-seeking behavior is currently understood as the result of loss aversion which motivates a preference for the possibility to avoid or lessen an otherwise sure loss. However, when choosing among negative options on behalf of others, we offer responsibility aversion as another possible motive for uncertainty-seeking behavior. Within our conceptual model, responsibility aversion is defined as the preference to minimize one's causal role in outcome generation. Compared to certain options, uncertain options lessen the decision maker's causal role in outcome generation because the outcomes are partially determined by chance. The presence of chance increases indirect agency on behalf of the decision maker and lessens his or her perceived risk of responsibility. The results of five studies support a responsibility aversion motivation behind uncertainty-seeking behavior.

Unauthorised Agency in the Principles of European Contract Law

This chapter concentrates on the rules with respect to unauthorised agency provided by the Principles of European Contract Law. These principles devote an entire chapter to agency (Chapter 3: Authority of Agents). The PECL are of a non-binding nature and aim to establish rules of general contract law within the European Union. The PECL provide the general rule that where an agent acts without (sufficient) authority, his acts do not bind the principal. This general rule is exempted in cases where the doctrine of apparent authority applies or where the principal subsequently ratifies the unauthorised act. In addition, the PECL provide that the third party may hold an unauthorised agent (the falsus procurator) liable for the damage which the third party has suffered as a consequence of the agent’s lack of authority. In this chapter, in II, I first examine the scope of the PECL. In III I examine the distinction made between direct and indirect agency. In IV I devote some attention to the general effect of unauthorised agency. Afterwards, I then turn to the main exceptions to the general effect of unauthorised agency: apparent authority (V) and ratification (VI). VII follows with some remarks about the liability of the falsus procurator and VIII with a treatment of the interrelationship between apparent authority, ratification and the liability of the falsus procurator. IX elaborates on a special case which can be associated with unauthorised agency, namely acting in the name of a principal yet to be named. X ends this chapter with some concluding observations.

Dirty work, clean hands: The moral psychology of indirect agency

When powerful people cause harm, they often do so indirectly through other people. Are harmful actions carried out through others evaluated less negatively than harmful actions carried out directly? Four experiments examine the moral psychology of indirect agency. Experiments 1A, 1B, and 1C reveal effects of indirect agency under conditions favoring intuitive judgment, but not reflective judgment, using a joint/separate evaluation paradigm. Experiment 2A demonstrates that effects of indirect agency cannot be fully explained by perceived lack of foreknowledge or control on the part of the primary agent. Experiment 2B indicates that reflective moral judgment is sensitive to indirect agency, but only to the extent that indirectness signals reduced foreknowledge and/or control. Experiment 3 indicates that effects of indirect agency result from a failure to automatically consider the potentially dubious motives of agents who cause harm indirectly. Experiment 4 demonstrates an effect of indirect agency on purchase intentions.

Dirty Work, Clean Hands: The Moral Psychology of Indirect Agency

When powerful people cause harm, they often do so indirectly through other people. Are harmful actions carried out through others evaluated less negatively than harmful actions carried out directly? Four experiments examine the moral psychology of indirect agency. Experiments 1A, 1B, and 1C reveal effects of indirect agency under conditions favoring intuitive judgment, but not reflective judgment, using a joint/separate evaluation paradigm. Experiment 2A demonstrates that effects of indirect agency cannot be fully explained by perceived lack of foreknowledge or control on the part of the primary agent. Experiment 2B indicates that reflective moral judgment is sensitive to indirect agency, but only to the extent that indirectness signals reduced foreknowledge and/or control. Experiment 3 indicates that effects of indirect agency result from a failure to automatically consider the potentially dubious motives of agents who cause harm indirectly. Experiment 4 demonstrates an effect of indirect agency on purchase intentions.

Moderating Effects of Control on the Relationship Between Stress and Change

Given the well-documented impact of stress on employees, it is important to understand moderating factors, especially in behavioral health treatment settings, where constant change occurs. Staff members at four mental health (n=663) and four substance abuse (n=256) treatment agencies completed questionnaires inquiring about perceptions of direct and indirect agency changes, stress experienced due to changes, and control and input into the changes. Results revealed that as direct and indirect change increased, stress increased; as level of control and input into changes increased, stress decreased. Control and input served as a moderating variable between stress and direct change, but not for indirect change.

Business Managers in Ancient Rome: A Social and Economic Study of Institores, 200 B.C.-A.D. 250.

Business Managers in Ancient Rome deals with the law of indirect agency in the classical period and explores the technical aspects and historical development of a set of praetorian remedies (actiones adiecticiae qualitatis), their role in the economy and their incidence on the society. The first part (Chapters 1-2) examines the picture of business managers (institores) yielded by literary and juridical sources. The second part (Chapters 3-5) focuses on the role of such managers in various sectors of the economy (agriculture, manufacture, and government-related services, such as tax collection, entertainment, communication, and coinage). By bringing together various kinds of evidence (legal, literary, epigraphical, archaeological, numismatic, comparative, and accessorily, papyrological), this study attempts to sketch the social and economic history of an important chapter of the Roman law of obligations.