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The aim of this Web-based survey of 15 German companies with an international profile was to identify which higher-level values serve as a basis for a company culture that promotes integrity and can thereby also be used to promote crime prevention. Results on about 2000 managers in German parent companies and almost 600 managers in Central and North European branch offices show that a major preventive role can be assigned to a company culture that promotes integrity. This requires a ‘tone (...) |
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Social epidemiology has made a powerful case that health determined not just by individual-level factors such as our genetic make-up, access to medical services, or lifestyle choices, but also by social conditions, including the economy, law, and culture. Indeed, at the level of populations, evidence suggests that these “structural” factors are thepredominantinfluences on health. Legal scholars in public health, including those in the health and human rights movement, have contended that human rights, laws, and legal practices are powerfully linked to (...) |
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This paper examines the procedural fairness dimensions of approaches to multicultural conflicts. The paper explains the findings of procedural fairness research in social psychology and explores its relevance for the field of (human rights) law, and for the setting of multicultural conflicts. It argues that there are strong reasons in favour of seeking to optimize procedural fairness —with its criteria of participation, trustworthiness, neutrality and respect— across all types of procedures that address multicultural conflicts. The paper illustrates these criteria through (...) No categories |
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Introducing a sociological perspective on judicial emotions, we argue that previous studies underemphasize structural and interactional dimensions. Through key concepts in the sociology of emotions we relate professional court actors’ emotion management to the emotional regime of the judiciary. Examples from the Swedish judiciary illustrate three main arguments: The idea of rational justice as nonemotional must be investigated as a joint accomplishment including collective emotion management; Judicial objectivity requires situated emotion management and empathy, orientated by emotions of pride/shame; The structural (...) |
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In this open access book, Timothy Aylsworth and Clinton Castro draw on the deep well of Kantian ethics to argue that we have moral duties, both to ourselves and to others, to protect our autonomy from the threat posed by the problematic use of technology. The problematic use of technologies like smartphones threatens our autonomy in a variety of ways, and critics have only begun to appreciate the vast scope of this problem. In the last decade, we have seen a (...) |
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In this article, we review the psychology of hero development and hero worship. We propose that heroes and hero narratives fulfill important cognitive and emotional needs, including the need for wisdom, meaning, hope, inspiration, and growth. We propose a framework called the heroic leadership dynamic to explain how need-based heroism shifts over time, from our initial attraction to heroes to later retention or repudiation of heroes. Central to the HLD is idea that hero narratives fulfill both epistemic and energizing functions. (...) No categories |
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This study explores the ways in which trust deficit undermines anti-corruption initiatives in a context with systemic corruption. Anti-corruption measures as panacea to systemic corruption are not new, but their effectiveness is debatable. Whilst understanding the causal relationship between corruption and trust remains germane to fighting corruption, a growing number of recent studies advocate better context sensitivity in developing anti-corruption initiatives. Consistent with this, we unpack the perceptions of a significant section of the population in which corruption is rampant to (...) |
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Many assume that whenever government is entitled to make a law, it is entitled to enforce that law coercively. I argue that the justification of legal authority and the justification of governmental coercion come apart. Both in ideal theory and in actual human societies, governments are sometimes entitled to make laws that they are not entitled to enforce coercively. |
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Discourse between pupils represents a core element of citizenship education in England. However, as it is currently presented within the curriculum, discourse adopts the form of the rather broad terms of 'discussion' and 'debate'. These terms are diffuse, and in themselves offer little pedagogical guidance for teachers implementing the curriculum in schools. Moreover, there has been little academic reflection in England as to how theoretical ideas on civic dialogue may usefully inform approaches to pupil discourse. For this reason, how pupils (...) |
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In this chapter, we turn our attention to the effects of the attention economy on our ability to act autonomously as a group. We begin by clarifying which sorts of groups we are concerned with, which are structured groups (groups sufficiently organized that it makes sense to attribute agency to the group itself). Drawing on recent work by Purves and Davis (2022), we describe the essential roles of trust (i.e., depending on groups to fulfill their commitments) and trustworthiness (i.e., the (...) |
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The purpose of this study was to extend the knowledge about why procedural justice (PJ) has behavioral implications within organizations. Since prior studies show that PJ leads to legitimacy, the author suggests that, when formal regulations are unfairly implemented, they lose their validity or efficacy (becoming deactivated even if they are formally still in force). This "rule deactivation," in turn, leads to two proposed destructive work behaviors, namely, workplace deviance and decreased citizenship behaviors (OCBs). The results support this mediating role (...) |
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The purpose of this study was to extend the knowledge about why procedural justice has behavioral implications within organizations. Since prior studies show that PJ leads to legitimacy, the author suggests that, when formal regulations are unfairly implemented, they lose their validity or efficacy. This “rule deactivation,” in turn, leads to two proposed destructive work behaviors, namely, workplace deviance and decreased citizenship behaviors. The results support this mediating role of RD, thus suggesting that it forms part of the generative mechanism (...) |
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Business Ethics: A European Review, EarlyView. No categories |
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The present study aimed to examine whether the applied practice of cameras in courtrooms plays a positive role in public confidence in legal authorities and how such impact may occur from the perspectives of the Group Value Model and the surrogacy effect. A convenience sample of 170 college students participated in this experiment. The control group read the written judgment of a civil case published online while the experimental group read the same judgment and watched the court trial video of (...) |
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Studying compliance, in terms of the business responses to legal rules, is notoriously difficult. This paper focuses on the difficulty of capturing the behavioral response itself, rather than on difficulties in explaining compliance and isolating particular factors of influence on it. The paper argues that existing approaches to capture such compliance, using surveys and governmental data, run the risk of failing to capture compliance as it occurs in the reality of day-to-day business responses to the law. It does so by (...) |
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Recent proposals for computer-assisted argumentation have drawn on dialectical models of argumentation. When used to assist public policy planning, such systems also raise questions of political legitimacy. Drawing on deliberative democratic theory, we elaborate normative criteria for deliberative legitimacy and illustrate their use for assessing two argumentation systems. Full assessment of such systems requires experiments in which system designers draw on expertise from the social sciences and enter into the policy deliberation itself at the level of participants. |
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In this paper, we explore the role of reciprocity in the employment of restrictive measures in contexts of contagion. Reciprocity should be understood as a substantive value that governs the use, level and extent of restrictive measures. We also argue that independent of the role reciprocity plays in the legitimisation the use of restrictive measures, reciprocity can also motivate support and compliance with legitimate restrictive measures. The importance of reciprocity has implications for how restrictive measures should be undertaken when preparing (...) |
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Institutional economics and discourse theory stand unconnected next to each other, in spite of the fact that they both ask for the legitimacy of institutions (normative) and the functioning and effectiveness of institutions (positive). Both use as theoretical constructions rational individuals and the concept of consensus for legitimacy. Whereas discourse theory emphasizes the conditions of a legitimate consensus and could thus enable institutional economics to escape the infinite regress of judging a consensus legitimate, institutional economics has a tested social science (...) |
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Research suggests that to restore equity, third parties prefer compensation of a victim over the punishment of a perpetrator. It remains unclear, however, whether this preference for compensation is stable or specific to certain situations. In six experimental studies, we find that adjustments in the characteristics of the situation or in the available behavioral options hardly modify the preference of compensation over punishment. This preference for compensation was found even in cases where punishment might refrain a perpetrator from acting unfairly (...) No categories |
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The coronavirus COVID-19 pandemic is an unprecedented health crisis. Many governments around the world have responded by implementing lockdown measures of various degrees of intensity. To be effective, these measures must rely on citizens’ cooperation. In the present study, we drew samples from the United States (N= 597), Italy (N= 606), and South Korea (N= 693) and examined predictors of compliance with social distancing and intentions to report the infection to both authorities and acquaintances. Data were collected between April 6th (...) |
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(1994). Moral authority in law and criminal justice: Some reflections on Wilson's The Moral Sense. Criminal Justice Ethics: Vol. 13, No. 2, pp. 44-53. |
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A major part of police work consists in providing services and information to the general public. A stated goal of such police work is to be service-minded and contribute to a positive encounter. This article analyses service requests in calls to the duty desk of a large police station and focuses on how officers deal with requests that have to be rejected. It reveals a general pattern in which officers produce the rejection in a dispreferred format and include displays of (...) No categories |
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Güss, Tuason, and Devine (2020) recently provide an opinion concerning problems with police reports as data source from a researchers' perspective. Based on their research project using police reports, they report their experiences with research using this data type.According to the authors, the first problem concerns the limited access to police reports and second problem arises from poor the quality of police reports. Their experiences stem from the United States of America, and it seems that police reports as a data (...) |
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In the absence of comprehensive immigration reform at the federal level, many American states and localities are undertaking their own legal reforms. The new state and local laws have been challenged by immigrant-rights organizations and individuals on the grounds that the federal government has already pre-empted the field. The lawsuits bring a new narrative voice—that of judges—into the boiling U.S. immigration debate. Judges engage the controversy over local enforcement of immigration enforcement, as they have other contentious disputes, both as pragmatic (...) |
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This article addresses major arguments in the controversy about the “rationality” of moral behavior: can moral behavior be explained by rational choice theory (RCT)? The two positions discussed are the incentives thesis (norms are incentives as any other costs and benefits) and the autonomy thesis claiming that moral behavior has nothing to do with utility. The article analyses arguments for the autonomy thesis by J. Elster, A. Etzioni, and J. G. March and J. P. Olsen. Finally, the general claim is (...) |
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Although naming-and-shaming (shaming) is a commonly used tax enforcement mechanism, little is known about the efficacy of shaming tax evaders. Through two experiments, this study examines the effects of shaming tax evaders on third-party observers’ perceptions of retributive justice and tax compliance intentions, and whether the salience of persuasion of observers moderates these relationships. Based on insights from defiance theory, the message learning model, and persuasive communications, this study predicts and finds that shaming evaders increases observers’ tax compliance intentions. Furthermore, (...) |
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This study investigates the relationship between moral schemas and corruption in public procurement. It adopts a moral schema framework to examine procurement-induced corruption from Uganda. Experiences, attitudes, and values of respondents are used to construct future behavior of public procurement staff. The schema framework was built around the premise that procurement-related corruption is a function of the social framework and human nature paradox, constructing logical justification for the acts of corruption. The study uses data from 474 public procurement staff to (...) |
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Reference to human rights, not as abstract consensus but as shared object, issue for action and principle of innovation, is ignored in Huntington’s theory of the clash of civilizations. The psychosocial processes of relegation to alterity are a form of exclusion which, beyond discrimination and contempt, deny the possibility of a common world. They prevent actors from experiencing their diversity of positioning as a rational diversity and prevent societies from democratically inhabiting the divisions that run through them. The author argues, (...) |
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A well-known maxim instructs that justice should be seen to be done. When “seen” is understood in the sense of “observed”, the maxim is easily defended: open court proceedings protect against arbitrary and partial decisions. However, when “seen” is understood in the sense of “seem,” the maxim is more puzzling, since it is not obvious why courts should concern themselves with people's perceptions that justice has been done. This article addresses this issue, with a particular focus on the social and (...) |
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This study examines the role of both religion and culture [as measured by the cultural clusters of countries in the GLOBE study of House et al. (Culture, Leadership, and Organizations: The GLOBE Study of 62 Societies, 2004)] on the levels of perceived corruption. Covering the period from 2000 to 2010, the study uses three different measures of perceived corruption: (1) the World Bank’s Control of Corruption measure, (2) Transparency International’s Corruption Perceptions Index, and (3) Heritage Foundation’s Freedom from Corruption Index. (...) |
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Thinkers committed to an ideal of public reason are suspicious of religiously informed political activity as it undermines democratic political legitimacy. This paper considers Jürgen Habermas’s recent shifts on this question in light of the history of Europe’s religious parties in the late 19th and early 20th centuries. These parties made a real and lasting contribution to Europe’s democratization and their history suggests ways in which Habermas and other defenders of public reason misunderstand the nature of democratic political legitimacy. |
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The algorithmic accountability literature to date has primarily focused on procedural tools to govern automated decision-making systems. That prescriptive literature elides a fundamentally empirical question: whether and under what circumstances, if any, is the use of algorithmic systems to make public policy decisions perceived as legitimate? The present study begins to answer this question. Using factorial vignette survey methodology, we explore the relative importance of the type of decision, the procedural governance, the input data used, and outcome errors on perceptions (...) No categories |
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Firms use algorithms to make important business decisions. To date, the algorithmic accountability literature has elided a fundamentally empirical question important to business ethics and management: Under what circumstances, if any, are algorithmic decision-making systems considered legitimate? The present study begins to answer this question. Using factorial vignette survey methodology, we explore the impact of decision importance, governance, outcomes, and data inputs on perceptions of the legitimacy of algorithmic decisions made by firms. We find that many of the procedural governance (...) |
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Two college-age samples, one from the United States and one from Spain, were studied with mixed methods, phenomenological and traditional experimental - regarding the alleged foundational topic of `unfairness'. Participants gave their instantiations of `It's not fair!', which were deconstructed and qualitatively analyzed to find and compare the essential types of unfairness. Using traditional experimental methods, unfairness vignettes were rated by severity and quantitatively analyzed, to see whether the two cultural groups make similar or different distinctions among the concepts of (...) No categories |
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In this paper, we provide a state-of-the-art overview of the ethical challenges that arise in the context of antimicrobial resistance, which includes an introduction to the contributions to the symposium in this issue. We begin by discussing why AMR is a distinct ethical issue, and should not be viewed purely as a technical or medical problem. In the second section, we expand on some of these arguments and argue that AMR presents us with a broad range of ethical problems that (...) |
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This paper seeks to understand the transmission and reception of legal rules as a component of the regulatory compliance process. It adopts a frontline approach to regulatory compliance that traces the grassroot functioning of compliance processes from regulator, to compliance managers to individual employees. Through a multilevel and multi-sited ethnography of worker safety protection in Chinese construction industry, this paper shows that in the cases studied there is a fundamental disconnect in the transmission and reception of law from regulator to (...) |
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It is commonly supposed that at least some states possess a moral right against external intervention in their domestic affairs and all human rights violations give members of the international community reasons to undertake preventive or remedial action against offending states. No state, however, currently protects or could reasonably be expected to protect its subjects’ human rights to a perfect degree. In view of this reality, many have found it difficult to explain how any existing or readily foreseeable state could (...) |
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Criminal law is one of the regulatory tools being used in the United States to influence risk behavior by people who have HIV/AIDS. Several different types of laws have been or could be used in this way These include:HIV-specific exposure and transmission laws — i.e., laws that explicitly mention and exclusively apply to conduct by people with HIV;public health statutes prohibiting conduct that would expose others to communicable diseases and/or sexually transmitted diseases ; andgeneral criminal laws governing attempted murder and (...) |
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Criminal law is one of the regulatory tools being used in the United States to influence risk behavior by people who have HIV/AIDS. Several different types of laws have been or could be used in this way These include:HIV-specific exposure and transmission laws — i.e., laws that explicitly mention and exclusively apply to conduct by people with HIV;public health statutes prohibiting conduct that would expose others to communicable diseases and/or sexually transmitted diseases ; andgeneral criminal laws governing attempted murder and (...) |
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In the foundational piece in this issue of the journal, “Integrating Law and Social Epidemiology,” Burris, Kawachi, and Sarat present a model for understanding the relationship between law and health. This article uses the case of a specific health condition, the human immunodeficiency virus infection, as an opportunity to flesh out this schema and to test how the model “fits” the world of the HIV pandemic. In applying the model to this communicable disease, we hope to illustrate the multitude of (...) |
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In the foundational piece in this issue of the journal, “Integrating Law and Social Epidemiology,” Burris, Kawachi, and Sarat present a model for understanding the relationship between law and health. This article uses the case of a specific health condition, the human immunodeficiency virus infection, as an opportunity to flesh out this schema and to test how the model “fits” the world of the HIV pandemic. In applying the model to this communicable disease, we hope to illustrate the multitude of (...) |
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BackgroundNational guidelines require programmes use subjective assessments of social support when determining transplant suitability, despite limited evidence linking it to outcomes. We examined how transplant providers weigh the importance of social support for kidney transplantation compared with other factors, and variation by clinical role and personal beliefs.MethodsThe National survey of the American Society of Transplant Surgeons and the Society of Transplant Social Work in 2016. Using a discrete choice approach, respondents compared two hypothetical patient profiles and selected one for transplantation. (...) |
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To understand how compliance develops both in everyday and corporate environments, it is crucial to understand how different mechanisms work together to shape individuals’ (non)compliant behavior. Existing compliance studies typically focus on a subset of theories (i.e., rational choice theories, social theories, legitimacy theories, capacity theories, and opportunity theories) to understand how key variables from one or several of these theories shape individual compliance. The present study provides a first integrated understanding of compliance, rooted in complexity science, in which key (...) |
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A coherent practice of mens rea (‘guilty mind’) ascription in criminal law presupposes a concept of mens rea which is insensitive to the moral valence of an action’s outcome. For instance, an assessment of whether an agent harmed another person intentionally should be unaffected by the severity of harm done. Ascriptions of intentionality made by laypeople, however, are subject to a strong outcome bias. As demonstrated by the Knobe effect, a knowingly incurred negative side effect is standardly judged intentional, whereas (...) |
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