Attributing mental states to business entities requires law to embrace a double fiction. We must first deem these entities to “exist” even though they lack corporeal substance and are only described in documents. Then, we must somehow attribute mental states to these fictional entities – —not because we believe them to have minds but because we need to do it for the law to work. Unsurprisingly, courts struggle to attribute mental states to business entities and mostly default to respondeatrespondeat superior superior and attribute some human’s mental state to the entity. For entities with many diverse shareholders, members, officers, employees, subsidiaries, and affiliates, attributing some mental state to the entity poses a particular challenge. This chapter probes how we attribute mental states to business entities by focusing on how we attribute scienter or fraudulent intent to business entities in securities cases.

This chapter argues that Jewish philosophers throughout the ages have tended toward an epistemology that might be described as “communitarian.” To that end, it explores three key notions at the heart of Jewish epistemology: knowledge by testimony, corporate knowledge, and epistemic rootedness. These notions are mined from the Hebrew Bible in conversation with Rabbinic commentaries and two great medieval philosophers, Rabbi Yehuda Halevy and Maimonides. In contemporary times, a number of philosophers have described themselves as communitarian epistemologists. This chapter argues that they might more aptly be described as communist epistemologists, and that Jewish thought is a better guide to how a communitarian epistemology might look.

Chapter 3 addresses open online knowledge sharing. Open sharing is becoming more important in all major sectors in society, including science, politics, education and innovation, knowledge products (videos, textbooks and databases). This sharing includes both the domain of expert-produced scientific knowledge and massive amounts of citizen-produced practical knowledge. Because of lower publishing costs, Open Access has become the new dominant trend that makes research accessible to everyone. Increased production of open textbooks gives a more readable access to scientific knowledge and reaches a much wider audience. In addition, scientific knowledge construction processes are becoming transparent. This includes the establishment of many more open digital databases that allow anyone both to make their own contributions and get free access to all the data (e.g. citizen science project like eBird). There is also experimentation with making knowledge construction processes more open, both within scientific discourse (e.g. Polymath project) and the development of encyclopedic knowledge (e.g. Wikipedia). In addition, the recent decade has seen an enormous increase in amateur-produced practical knowledge, not only texts, but an abundance of images and videos. Enthusiasts share their skills and passions concerning any activity that might be of interest to other like-minded persons. It also includes the sharing of political opinions, for example with new digital technologies like argument mapping. Even some companies in the business sector have begun sharing more of its corporate knowledge.