The facts to be proven in a lawsuit can be more or less probable. But the recognition of the relevant facts may require discretion or evaluative operations; moreover, a just and equitable interpretation of a contract may depend on what the contracting parties knew about the intentions of each other. Can, e.g., negligence be more or less probable? Can Ought be proven? There is, however, a structural similarity between legal interpretation and the evalution of evidence and not only an intertwinement (...) between the so-called questions of fact and the questions of law. A number of situations is briefly analysed: the interpretation of contracts, the interest of the child, the basic concepts of the law of torts and the criminal intent. (shrink)
This article argues that previous research on the outcomes of corporate responsibility should be refined in two ways. First, although there is abundant research that addresses the link between corporate responsibility (CR) and financial performance, hardly any studies scrutinize whether the type of corporate responsibility makes a difference to this link. Second, while the majority of CR research conducted within business studies concentrates on the financial outcomes for the firm, the societal outcomes of CR are left largely unexplored. To tackle (...) these two deficiencies, this article extends the different conceptualizations of corporate responsibility and elaborates both the financial and the societal outcomes of different types of CR. (shrink)
The debate about the differing philosophies of human-nature relationship is ongoing. Several studies discuss the need to develop and adopt a new environmental paradigm to replace the neoclassical economic paradigm predominant in Western societies. This issue has been discussed mainly at a societal level. Society or societies are, however, entities that consist of smaller particles. If a phenomenon is supposed to exist in an entity, signs of the phenomenon should also be found in its particles, business enterprises among others. This (...) paper examines a shift of a managerial paradigm in a business organization, since not only the actions of individuals and governments but also those of business enterprises account for the preservation of the natural environment. It studies empirically how a managerial paradigm can shift from “traditional managerial thinking” to ”environment-related management.” Two frameworks will be developed for this purpose. (shrink)
