Many of the reasons offered for outsourcing security involve costs and benefits – a consequentialist way of reasoning. Thus, I will explore a consequentialist argument against the use of private security contractors (PSCs) in counterinsurgencies. Discussing the benefits and costs of employing PSCs in these kinds of operations will demonstrate that the hiring of PSCs in many cases (perhaps in most) is consequentially unsound. More precisely, the overall negative consequences of hiring PSCs during counterinsurgencies should preclude their (...) use unless in extreme emergencies. Defenders of the use of PSCs readily point to their financial benefits and expected increase in efficiency as the starting point for their argumentation. On my account, if the benefits really do outweigh the foreseeable and expected costs, then hiring PSCs may, in that case, be a morally viable option. However, I contend that, unless we institute broad contractual control and oversight reform, unless we truly understand the costs and benefits, we should have a standing, prima facie prohibition against employing PSCs in counterinsurgencies. (shrink)

The private provision of security services has attracted a great deal of recent attention, both professional and popular. Much of that attention suggests the questioned moral legitimacy of the private vs. public provision of security. Linking the literature on moral legitimacy and responsibility from new institutional and stakeholder theories, we examine the relationship between moral legitimacy and responsible behavior by both private security companies (PSCs) and their stakeholders. We ask what the moral-legitimacy-enhancing responsibilities (...) of both might be, and contribute to both literatures and their managerial implications by detailing the content of those responsibilities, emphasizing the reciprocal nature of moral obligations. We suggest that the moral legitimacy of the industry depends upon responsible behavior by both PSCsandtheir stakeholders. (shrink)

Over the past twenty years, Private Military and Security Companies (PMSCs) have become significant elements of national security arrangements, assuming many of the functions that have traditionally been undertaken by state armies. Given the centrality of control over the use of coercive force to the functioning and identity of the modern state, and to international order, these developments clearly are of great practical and conceptual interest. This edited volume provides an interdisciplinary overview of PMSCs: what they (...) are, why they have emerged in their current form, how they operate, their current and likely future military, political, social and economic impact, and the moral and legal constraints that do and should apply to their operation. The book focuses firstly upon normative issues raised by the development of PMSCs, and then upon state regulation and policy towards PMSCs, examining finally the impact of PMSCs on civil-military relations. It takes an innovative approach, bringing theory and empirical research into mutually illuminating contact. Includes contributions from experts in IR, political theory, international and corporate law, and economics, and also breaks important new ground by including philosophical discussions of PMSCs. (shrink)

Abstract The institution of war is the broad framework of rules, norms, and organizations dedicated to the prevention, prosecution, and resolution of violent conflict between political entities. Important parts of that institution consist of the accountability arrangements that hold between armed forces, the political leaders who oversee and direct the use of those forces, and the people in whose name the leaders act and from whose ranks the members of the armed forces are drawn. Like other parts of the institution, (...) these arrangements are responsive to changes in military technology and needs, to geopolitical facts, and to moral and political norms. In particular, they are sensitive to the forms that military organization takes. Since the emergence of modern states in Europe some 500 years ago, there have been three main such forms: private providers?in the form of mercenaries, in early modern Europe?then professional standing armies, which in turn developed into citizen armies. Although elements of the three organizations have coexisted in many armies, the citizen army model has dominated until recently. That model brought with it a particular conception of the accountability relations between the army, the state, and the people. The state had authority over and directed the army, which was accountable to it. In turn the state was accountable for its use of the army to the people, on whose behalf it acted. The dominance of state authority over the military is now under strain, with the professional and private elements?in the form of private military and security companies (PMSCs)?having increasing importance. As those elements increase in power and presence, so it becomes more difficult to make the state accountable to the people for its use of the military, and more difficult for the people to act as a restraining force on the way in which the military used. In this essay, I outline and assess these developments?with particular emphasis on the emergence of PMSCs?in the light of a liberal view of (political) violence. The essay focuses on the situation in the United States, which possesses by far the most important military force in the world today, and in which the use of PMSCs is most developed. The paper has three main sections and a brief conclusion: the first section sketches the liberal view of violence and its implications for organizations dedicated to its use; the second outlines the salient characteristics of the three historically dominant forms of armies; and the third looks at the current situation in which the three forms coexist uneasily. (shrink)

The use of private military force by states has been a long-standing phenomena in the history of warfare. Armies of mercenaries, privateering and recruitment of foreign nationals into armed forces have been common during the Middle Ages and later on. However, with the invention of effective firearms and artillery, standing regular armies, conscription and other developments that resulted in the essential rise of costs of war, the role of private military entrepreneurs diminished. By the end of XIXth century (...) the state became almost the only subject that was able to wage a full-scale war. Nevertheless, already in the middle of the XXth century mercenarism has been reborn in Africa’s colonial and post-colonial wars. The end of the XXth century and the beginning of the XXI century witnesses an enormous rise of private security and military companies (PSMC) that are hired to perform different functions related to use of force not only by states, but also by other clients such as international organisations, transnational corporations, etc. A PSMC may be defined as a profit-seeking private enterprise, which is established according to the national law of the state and which is providing, on the basis of a contract, services directly or indirectly connected with the use of military force or its institutions whether in time of armed conflict or peace, notwithstanding how such company describes itself. International humanitarian law has no specific regulation of PSMC. Nevertheless, it would be erroneous to state that the activity of PSMC is not regulated, because international humanitarian law in any case, in one or another way, is applicable to the personnel of PSMC if it is engaged in armed conflict of either international or non-international character. (shrink)

Peace is more likely where there is trade and commerce between nation-states. However, many nations are "failed states" or "failing states," in large part because of civil wars. Yet, "business" may have a role to play here, too; as private military security companies (PMSCs) proliferate, governments and international organizations seem increasingly disposed to contract for their services, in some cases for combat roles as well as non-combat support roles in various conflict zones. This has raised questions about (...) the ethics of using private companies for public purposes, especially where (as now) private companies have operated outside of legal accountability. This article suggests ways in which such accountability can be put in place, such that PMSCs can actually serve the cause of securing local and regional stability as a first step toward establishing a much safer environment for people and for business. (shrink)

The possibility of using private military and security companies to bolster the capacity to undertake intervention for human rights purposes has been increasingly debated. The focus of such discussions has, however, largely been on practical issues and the contingent problems posed by private force. By contrast, this article considers the principled case for privatising humanitarian intervention. It focuses on two central issues. First, does outsourcing humanitarian intervention to private military and security companies pose (...) some fundamental, deeper problems in this context, such as an abdication of a state's duties? Second, on the other hand, is there a case for preferring these firms to other, state-based agents of humanitarian intervention? For instance, given a state's duties to their own military personnel, should the use of private military and security contractors be preferred to regular soldiers for humanitarian intervention? (shrink)

Abstract This essay addresses the role of private military and security companies (PMSCs) in security governance. In this context, it offers a historical overview of some of the main developments in the evolution of private warfare and critically discusses some of the key challenges confronting the quest for holding PMSCs accountable in accordance with international human rights and humanitarian norms.

The private military industry has been growing rapidly since the end of the Cold War. The Morality of Private War uses normative political theory to assess the leading moral arguments for and against the use of private military and security companies.

The legitimacy of the military is frequently overlooked in standard accounts of jus ad bellum. Accordingly, this paper considers how the military should be organized. It proposes a normative conception of legitimacy – the ‘Moderate Instrumentalist Approach’ – that outlines the qualities that a military should possess. It then assesses the three leading ways of organizing the military according to this approach: the use of private military and security companies (PMSCs), a conscripted force and the all-volunteer force (...) (AVF). The paper argues that the AVF, despite some notable problems, is the most legitimate way of organizing the military. (shrink)

Abstract This article examines the common claim that there are gaps in international law that undermine accountability of private military and security companies. A multi-actor analysis examines this question in relation to the commission of international crimes, violations of fundamental human rights, and ordinary crimes. Without this critical first step of identifying specific deficiencies in international law, the debate about how to enhance accountability within this sector is likely to be misguided at best.

Abstract The current accountability system for private military and security contractors (PMSCs) is woefully inadequate, and mere enhancements in oversight cannot hope to remedy that failing. I contend that once we recognize the kind of accountability required of PMSCs, we will realize that radical changes in the foundational relationship between PMSCs and the state are required. More specifically, in order to be appropriately accountable, members of PMSCs must become a part of or, at the very least, directly responsible (...) to the legitimate authoritative military or police structures, and there must be a clear and precise delineation of responsibility among public officials for holding individual members of PMSCs criminally liable. (shrink)

This article explores how the segments of the state police and security organs were transformed into a large private security industry in Russia after 1992. As market reforms were launched, the numbers of private property owners grew dramatically, but the state institutions for the protection of property and dispute settlement were either absent or defunct. This gap was consequently filled with various private institutions, private protection companies and private security services being (...) the major ones. The article studies the context of their emergence, their functions and practices as well as their relations with the state and the criminal sector. (shrink)

Conventional economic theory portrays privatization as a transformative event for a company, even when it is partial and the state maintains control. According to this view, private investors have stronger incentives than voters to monitor management performance and constrain side-payments to political allies of the government. But how exactly can private investors discipline managers they cannot fire? Proponents of privatization place their hopes on disclosure obligations under securities laws, triggered by privatized companies’ stock exchange listings. They argue (...) that, because company disclosures can reveal side-payments to government allies and cause private investors to abandon the stock, management should avoid political favoritism after a stock exchange listing. The Article explores whether investors responded to indications of political favoritism as the above theory would predict. Case study evidence comes from major privatizations in Greece during the last two decades in telecommunications, energy, and gaming. The Article examines the public disclosures of partially privatized companies in two key areas where the risk of political side-deals and corruption remains high: contracts with suppliers and relationships with labor. Greek companies’ disclosure documents included clear indications that payouts to suppliers and labor continued to increase during the period of partial privatization. However, these companies’ stocks remained attractive to investors. (shrink)

Diet directly affects children’s physical and mental development. Nonetheless, how food insecurity and household food consumption impact the cognitive performance of children at risk of social exclusion remains poorly understood. In this regard, children in Guatemala face various hazards, mainly related to the socioeconomic difficulties that thousands of families have in the country. The main objective of this study was to analyze the differences in cognitive performance considering food insecurity and household food consumption in a sample of rural and urban (...) Guatemalan children and adolescents at risk of social exclusion. Child cognitive performance was assessed in 134 children and adolescents from rural and urban settings. Language, attention, and executive functions were assessed using neuropsychological tasks. Differences in cognitive performance in each level of food insecurity and household diet consumption were compared using the Mann–Whitney U test. A stepwise multivariate regression analysis was conducted to determine which factors may influence cognitive scores. The results showed that rural and urban groups did not differ in terms of food insecurity. However, considering just rural areas, differences were found between groups with food security and insecurity in attention and executive function tasks. Moreover, differences were found in food consumption for certain groups of food. Regarding regressions, protein food consumption, which is related to having a more balanced diet, was a relevant factor in executive performance. Contrary to what we expected, performance in attentional tasks was not related to the consumption of any food group. These findings could help politicians and decision-makers to select actions focused on improving diet balance and food security in families at risk of social exclusion. It is necessary to carry out more specific studies on the factors related to diet that affect the cognitive development of minors at risk of social exclusion. In addition, it is necessary to study the implementation of alternative interventions that include low-cost nutrients, thus ensuring that minors have access to a more balanced diet. (shrink)

The Philosophy of Rhetoric is widely regarded as the most important work of a theory of rhetoric produced in the 18th century. Campbell's work engages such themes in an attempt to formulate a universal theory of human communication. Campbell attempts to develop his theory by discovering deep principles in human nature that account for all instances and kinds of human communication. He seeks to derive all communication principles and processes empirically. In addition, all statements in discourse that have to do (...) with matters of fact and human affairs are likewise to be empirically derived. Thus, his theory of rhetoric is vastly wider than, and different from, such classical theories as those proposed by Aristotle, Cicero, and Quintilian, whose theories focused on discourse related to civic affairs. By attempting to elaborate a general theory of rhetoric through empirical procedures, Campbell's project reveals the limitations of his method. He cannot ground all statements empirically and it is at this point that his theological position comes into play. Inspection of his religious views shows that God's design of human nature, and God's revelations to humankind, make moral and spiritual truths known and quite secure to human beings, although not empirically. (shrink)

This book offers a comprehensive moral theory of privatization in war. It examines the kind of wars that private actors might wage separate from the state and the kind of wars that private actors might wage as functionaries of the state. The first type of war serves to probe the _ad bellum_ question of whether private actors can justifiably authorize war, while the second type of war serves to probe the _in bello_ question of whether private (...) actors can justifiably participate in war. The cases that drive the analysis are drawn from the rich and complicated history of private military action, stretching back centuries to the Italian city-states whose mercenaries were reviled by Machiavelli. The book also takes up the hypothetical examples conjured by philosophers—the private protective agencies of Robert Nozick’s _Anarchy, State, and Utopia_, for example, and the private armies of Thomas More’s _Utopia_. The aim of this book is to propose a theory of privatization that retains currency not only in assessing current military engagements, but past and future ones as well. In doing so, it also raises a set of important questions about the very enterprise of war. This book will be of much interest to students of ethics, political philosophy, military studies, international relations, war and conflict studies, and security studies. (shrink)

Very little of the expanding debate over private policing has employed the language of human rights. This is notable not just because private policing is a distinctly global phenomenon, and human rights have become, as Michael Ignatieff puts it, “the lingua franca of global moral thought.” It is notable as well because a parallel development that seems in many ways related to the spread of private policing—the escalating importance of private military companies—has been debated as (...) a matter of human rights. This Article asks whether discussions of private policing have been impoverished by their failure to employ the language of human rights. It begins by discussing the dramatic rise, over the past several decades, in the size and significance of private policing. It then summarizes the academic and public policy debates about that development and considers what, if anything, the language of human rights could add to those debates, and whether the addition would be welcome. One strand of the Article compares the debate over private policing with the debate over private military companies. Another strand compares private policing with private prisons, in light of the recent ruling by the Supreme Court of Israel declaring private prisons unconstitutional. The Article concludes that the benefits of introducing the language of human rights into debates about private policing are far from clear—with one exception. Human rights, particularly as codified in international treaties, do seem a promising way to get traction on a particular aspect of police privatization that has received less attention than it deserves: the way in which widespread reliance on private security firms may weaken public commitment to providing everyone with a minimally acceptable degree of protection against private violence. (shrink)

The use of private security companies by national governments is met with widespread skepticism. Less understood is the role these companies can play in international humanitarian interventions in the service of international organizations. I argue here that despite valid concerns about the use of such private entities, we should nonetheless see them as legitimate participants in efforts to secure human rights protection around the globe. In order to assess their legitimacy, we need to ensure, among (...) other things, that they can adhere to ethical standards when serving in humanitarian missions, that they can be held accountable when they fail to uphold the standard of justice enshrined in international law, and that their for-profit status does not have implications detrimental to humanitarian concerns. (shrink)

There has been a huge growth in the size and number of Private Military and Security Companies (PMSCs) in the last decade or so. In this context, the question of when, if ever, states should hire PMSCs to carry out military operations has gained particular urgency. In this paper, I defend the answer that states should do so whenever PMSCs will be the most effective agents available against a number of recent objections. All of these objections claim (...) that considerations aside from the relative effectiveness of PMSCs should bear on the question. Some argue that there is something inherently morally problematic with hiring PMSCs, and thus infer that they should sometimes not be hired even when they are the most effective agents available. Others point to undesirable side-effects that hiring PMSCs is thought to cause, and claim that these should be taken into account when deciding whether to hire them. I argue, however, that all of these further considerations are either irrelevant to the decision or reducible to effectiveness. (shrink)

For most of the first two decades after the enactment of the Employee Retirement Income Security Act of 1974, health policymakers did not seem to recognize the full impact that ERISA would have on regulation of health insurance and health care coverage. Perhaps the early court decisions in which the courts clarified that states could regulate insurance companies and the products they sold to ERISA plan sponsors gave them false comfort that because Congress appeared to recognize the role (...) of the states in regulating insurance, ERISA might have only a tangential impact on health care reform efforts. (shrink)

The American Institute of Certified Public Accountants monitors the misconduct of its members using the AICPA Code of Professional Conduct. To accomplish this task, the AICPA relies on various stakeholders to report known violations of its CPC. We examine the full population of sanctions imposed by the AICPA on its members under its CPC from 2008–2013 to identify recent trends in the misconduct of accounting professionals. While we find that multiple stakeholders identify and report violations, we also find that the (...) most common types of violations remain consistent with those reported in the 1990s. Further, we develop a taxonomy based on prior accounting literature to determine whether the AICPA CPC is being enforced to defend the public interest and/or the private interests of the accounting profession. In contrast to prior studies, our results suggest that as the accounting profession emerges from a recession and period of intense public scrutiny, the AICPA CPC is largely being enforced to defend the public interest. This public interest focus was most pronounced during the recessionary years of 2008–2010, as evident from misconduct reported by parties such as the Internal Revenue Service, Securities and Exchange Commission, Public Company Accounting Oversight Board, and state boards of accountancy. Although key stakeholders have recently focused on reporting misconduct that threatens the public interest, we believe there are still areas in need of improvement, especially around the level of detail provided in the AICPA’s sanction records. We propose some possible solutions to improve public transparency. (shrink)

This Article discusses the impact of the international financial crisis on Brazilian capital markets. While the banking industry was not severely affected, leading nonfinancial corporations experienced severe financial turmoil. Two Brazilian corporations cross-listed in the United States - Sadia S.A. and Aracruz Celulose S.A. - suffered billion-dollar losses when the Brazilian real unexpectedly plummeted in relation to the dollar. Despite earlier disclosure that these companies had engaged only in pure hedging activity, these great losses were found to be the (...) result of their highly speculative trading in currencyderivatives. Consequently, several private lawsuits were filed both in the United States and in Brazil. This Article takes a novel approach to the transnational securities litigation debate by examining the particular consequences of private litigation in a developed and in an emerging country. It compares the types of lawsuits filed and their final outcomes. Despite substantially similar alleged wrongdoing, the outcomes for securities holders in each jurisdiction contrast strikingly. Only U.S. investors of both companies were able to obtain substantial financial recoveries; Brazilian investors obtained none. This Article examines the reasons behind these discrepant results and the consequent economic distributional effects on global securities markets after the U.S. Supreme Court decision in Morrison. The Article argues that Morrison aggravates such shareholder cross-border non pro rata compensation and transfers of company value from foreign to U.S. investors. It identifies a set of costs borne by foreign investors, and so far neglected by scholars, as a consequence of the current status of U.S. and international securities law regimes. These costs are the result not only of the typical “circularity problem” in securities litigation, but also of a “double circularity problem” as they fall on foreign shareholders who also suffered equivalent damages to those experienced by the U.S. class being compensated. The Article then discusses potential policy reforms for fixing transnational securities litigation. (shrink)

The post 9/11 environment has been characterized by domestic policy actors being incorporated into a globalizing defense industrial sector through the concept of civil-military integration. From administration to administration, the push for increased civil-military integration has spread beyond its original boundaries and has reached the frontlines of the American military. This begs the question, can the market-driven logic of the commercial sector be integrated into the objectives and values of the noncivilian, military sector? More precisely, is civil-military integration the appropriate (...) solution to the post 9/11 strategic shift? The purpose of this study is not to address the detailed merits or limitations of the increased reliance on private contractors. Rather, this study’s primary focus is to examine the policies that set into motion and continue to promote the cornerstone of civil-military integration: strategic outsourcing. This study argues that in today’s threat environment, the extent of civil-military integration poses unique challenges for U.S. strategic policy. With contactors on the battlefield, basic doctrinal issues emerge. The most basic of these is the notion that in a war zone military members are asked to risk their lives for their country. But, while people are willing to risk their lives for their country, they may not be willing to risk their lives for their company. (shrink)

The possible Stoic origins of the natural rights and natural law theories of the Dutch jurist Hugo Grotius (1583–1645) has been a subject of scholarly debate in recent years. Yet discussions about Grotian sociability tend to focus exclusively on the meaning of appetitus societatis in De Jure Praedae (written in 1604–1608) and De Jure Belli ac Pacis (1625), with little reference to the historical context. Insufficient consideration has been given to the intended audience(s) of these works, Grotius’ purpose in writing (...) them, and the possible correlation between his overarching argument and his working methods. This article examines Grotius’ use and abuse of Seneca's philosophical works in De Jure Praedae, commissioned by the directors of the Dutch East India Company (or VOC) in autumn 1604. The brutal murder of Sebald de Weert on the island of Ceylon (modern-day Sri Lanka) in June 1603 is analyzed from a Stoic perspective in Chapter 15 of De Jure Praedae. Following his refusal to hand over Portuguese prisoners, De Weert and his crew were butchered on the beach of Batticaloa by Wilama Dharma Suriya, the ruler of the island's interior. Grotius blamed the victim. VOC commanders in monsoon Asia should suppress any residual loyalty which they might feel towards Christendom. It was imperative to conclude alliances with native rulers against the Iberian colonial powers, regardless of the rulers’ (lack of) faith or their horrific treatment of prisoners. As Grotius noted in Chapter 8 of De Jure Praedae, Seneca distinguished between “two kinds of commonwealth, the world state and the city state.” Spanish and Portuguese violations of the natural law – freedom of trade and navigation in particular – deserved condign punishment for the sake of both the fellowship of mankind and, naturally, the VOC and Dutch Republic. In assessing the uses of Stoicism in De Jure Praedae, much can be learned from the physical characteristics of Ms. BPL 917 in Leiden University Library, its sole surviving manuscript copy. Seneca's philosophical works are not cited at all in the original text of Ms. BPL 917, which Grotius copied out in 1604–1605. Instead, quotations from De Ira, De Clementia and De Beneficiis appear in the top and bottom margins of folio-pages or on inserted sheets of paper, which can be dated to 1607–1608. These quotations serve to flesh out an existing argument about the VOC's just war(s) in the East Indies. A case in point is the heavily rewritten Chapter 2. Grotius added quotations from De Clementia at the same time as he reformulated two natural laws on f. 8–9, a folio sheet inserted in or after January 1607. This was no coincidence. Revenging the past misdeeds of the Portuguese, which Grotius had described in great detail in Chapter 11, could no longer be considered the main or only priority of the VOC. Instead, Grotius contended on f. 8–9 that “evil deeds must be corrected” so as to achieve, in Seneca's words, “universal security.” Acting as a kind of global police force, the VOC should punish transgressors of the natural law on account of “that world community” envisioned by the Stoics. The practical consequences were felt during the Twelve Years Truce (1609–1621). Despite a cessation of arms in Europe, the VOC continued to engage in hostilities in the East Indies. The author of De Jure Praedae supported the Company on this. Like Cicero before him, he had successfully harnessed the Stoa to the cause of empire. (shrink)

The possible Stoic origins of the natural rights and natural law theories of the Dutch jurist Hugo Grotius has been a subject of scholarly debate in recent years. Yet discussions about Grotian sociability tend to focus exclusively on the meaning of appetitus societatis in De Jure Praedae and De Jure Belli ac Pacis , with little reference to the historical context. Insufficient consideration has been given to the intended audience of these works, Grotius’ purpose in writing them, and the possible (...) correlation between his overarching argument and his working methods. This article examines Grotius’ use and abuse of Seneca's philosophical works in De Jure Praedae, commissioned by the directors of the Dutch East India Company in autumn 1604.The brutal murder of Sebald de Weert on the island of Ceylon in June 1603 is analyzed from a Stoic perspective in Chapter 15 of De Jure Praedae. Following his refusal to hand over Portuguese prisoners, De Weert and his crew were butchered on the beach of Batticaloa by Wilama Dharma Suriya, the ruler of the island's interior. Grotius blamed the victim. VOC commanders in monsoon Asia should suppress any residual loyalty which they might feel towards Christendom. It was imperative to conclude alliances with native rulers against the Iberian colonial powers, regardless of the rulers’ faith or their horrific treatment of prisoners. As Grotius noted in Chapter 8 of De Jure Praedae, Seneca distinguished between “two kinds of commonwealth, the world state and the city state.” Spanish and Portuguese violations of the natural law – freedom of trade and navigation in particular – deserved condign punishment for the sake of both the fellowship of mankind and, naturally, the VOC and Dutch Republic.In assessing the uses of Stoicism in De Jure Praedae, much can be learned from the physical characteristics of Ms. BPL 917 in Leiden University Library, its sole surviving manuscript copy. Seneca's philosophical works are not cited at all in the original text of Ms. BPL 917, which Grotius copied out in 1604–1605. Instead, quotations from De Ira, De Clementia and De Beneficiis appear in the top and bottom margins of folio-pages or on inserted sheets of paper, which can be dated to 1607–1608. These quotations serve to flesh out an existing argument about the VOC's just war in the East Indies. A case in point is the heavily rewritten Chapter 2. Grotius added quotations from De Clementia at the same time as he reformulated two natural laws on f. 8–9, a folio sheet inserted in or after January 1607. This was no coincidence. Revenging the past misdeeds of the Portuguese, which Grotius had described in great detail in Chapter 11, could no longer be considered the main or only priority of the VOC. Instead, Grotius contended on f. 8–9 that “evil deeds must be corrected” so as to achieve, in Seneca's words, “universal security.” Acting as a kind of global police force, the VOC should punish transgressors of the natural law on account of “that world community” envisioned by the Stoics. The practical consequences were felt during the Twelve Years Truce . Despite a cessation of arms in Europe, the VOC continued to engage in hostilities in the East Indies. The author of De Jure Praedae supported the Company on this. Like Cicero before him, he had successfully harnessed the Stoa to the cause of empire. (shrink)

The possible Stoic origins of the natural rights and natural law theories of the Dutch jurist Hugo Grotius (1583–1645) has been a subject of scholarly debate in recent years. Yet discussions about Grotian sociability tend to focus exclusively on the meaning of appetitus societatis in De Jure Praedae (written in 1604–1608) and De Jure Belli ac Pacis (1625), with little reference to the historical context. Insufficient consideration has been given to the intended audience(s) of these works, Grotius’ purpose in writing (...) them, and the possible correlation between his overarching argument and his working methods. This article examines Grotius’ use and abuse of Seneca's philosophical works in De Jure Praedae, commissioned by the directors of the Dutch East India Company (or VOC) in autumn 1604. The brutal murder of Sebald de Weert on the island of Ceylon (modern-day Sri Lanka) in June 1603 is analyzed from a Stoic perspective in Chapter 15 of De Jure Praedae. Following his refusal to hand over Portuguese prisoners, De Weert and his crew were butchered on the beach of Batticaloa by Wilama Dharma Suriya, the ruler of the island's interior. Grotius blamed the victim. VOC commanders in monsoon Asia should suppress any residual loyalty which they might feel towards Christendom. It was imperative to conclude alliances with native rulers against the Iberian colonial powers, regardless of the rulers’ (lack of) faith or their horrific treatment of prisoners. As Grotius noted in Chapter 8 of De Jure Praedae, Seneca distinguished between “two kinds of commonwealth, the world state and the city state.” Spanish and Portuguese violations of the natural law – freedom of trade and navigation in particular – deserved condign punishment for the sake of both the fellowship of mankind and, naturally, the VOC and Dutch Republic. In assessing the uses of Stoicism in De Jure Praedae, much can be learned from the physical characteristics of Ms. BPL 917 in Leiden University Library, its sole surviving manuscript copy. Seneca's philosophical works are not cited at all in the original text of Ms. BPL 917, which Grotius copied out in 1604–1605. Instead, quotations from De Ira, De Clementia and De Beneficiis appear in the top and bottom margins of folio-pages or on inserted sheets of paper, which can be dated to 1607–1608. These quotations serve to flesh out an existing argument about the VOC's just war(s) in the East Indies. A case in point is the heavily rewritten Chapter 2. Grotius added quotations from De Clementia at the same time as he reformulated two natural laws on f. 8–9, a folio sheet inserted in or after January 1607. This was no coincidence. Revenging the past misdeeds of the Portuguese, which Grotius had described in great detail in Chapter 11, could no longer be considered the main or only priority of the VOC. Instead, Grotius contended on f. 8–9 that “evil deeds must be corrected” so as to achieve, in Seneca's words, “universal security.” Acting as a kind of global police force, the VOC should punish transgressors of the natural law on account of “that world community” envisioned by the Stoics. The practical consequences were felt during the Twelve Years Truce (1609–1621). Despite a cessation of arms in Europe, the VOC continued to engage in hostilities in the East Indies. The author of De Jure Praedae supported the Company on this. Like Cicero before him, he had successfully harnessed the Stoa to the cause of empire. (shrink)

Many U.S. corporations and the goods they produce negatively impact our society without breaking any laws. We are all too familiar with the tobacco industry's effect on public health and health care costs for smokers and nonsmokers, as well as the role of profit in the pharmaceutical industry's research priorities. It's Legal but It Ain't Right tackles these issues, plus the ethical ambiguities of legalized gambling, the firearms trade, the fast food industry, the pesticide industry, private security (...) class='Hi'>companies, and more. Aiming to identify industries and goods that undermine our societal values and to hold them accountable for their actions, this collection makes a valuable contribution to the ongoing discussion of ethics in our time. This accessible exploration of corporate legitimacy and crime will be important reading for advocates, journalists, students, and anyone interested in the dichotomy between law and legitimacy. Nikos Passas is Professor in the College of Criminal Justice at Northeastern University. Neva Goodwin is Co-director of the Global Development and Environment Institute at Tufts University. (shrink)

ABSTRACTThe private provision of security services has attracted a great deal of recent attention, both professional and popular. Much of that attention suggests the questioned moral legitimacy of the private vs. public provision of security. Linking the literature on moral legitimacy and responsibility from new institutional and stakeholder theories, we examine the relationship between moral legitimacy and responsible behavior by both private security companies and their stakeholders. We ask what the moral-legitimacy-enhancing responsibilities of (...) both might be, and contribute to both literatures and their managerial implications by detailing the content of those responsibilities, emphasizing the reciprocal nature of moral obligations. We suggest that the moral legitimacy of the industry depends upon responsible behavior by both PSCsandtheir stakeholders. (shrink)

This book explores the ethical implications of war in the contemporary world. The author, a leading theorist of warfare, explains why it is of crucial importance that Western countries should continue to apply traditional ethical rules and practices in war, even when engaging with international terrorist groups. The book uses the work of the late American philosopher Richard Rorty to explain the need to make ethical rules central to the conduct of military operations. Arguing that the question of ethics was (...) re-opened by the 'War on Terror', the book then examines America's post-9/11 redefinition of its own prevailing discourse of war. It ends with a discussion of other key challenges to the ethics of war, such as the rise of private security companies and the use of robots in war. In exploring these issues, this book seeks to place ethics at the centre of debates about the conduct of future warfare. This book will be of great interest to all students of military ethics, war studies, military history and strategic studies in general, and to military colleges in particular. (shrink)

This article describes interactional features of an interrogation method that is used by law enforcement and private security companies in the US known as the ‘soft accusation’ method. We demonstrate how the method, in contrast to the more common ‘story solicitation’ method, makes use of a ‘telling about oneself ’ activity to actually suppress a subject’s talk by setting up and maintaining an exceptionally long turn by the interrogator. This turn not only constrains subjects’ speaking contributions to (...) the issuing of continuers and acknowledgments, and, as such, their opportunities to challenge or resist, but, based as it is on ‘telling about oneself ’, re-organizes the knowledge differential to one in which it is the interrogator rather than the subject who has primary epistemic rights of disclosure. We provide an overview of interactional problems associated with the story solicitation method and then consider how the soft accusation method is designed to counter them, particularly via practices of informing and describing that are associated with the activity of ‘telling about oneself ’. As we show, these practices make use of techniques of elaboration that provide a resource for turn expansion, as well as for seamless topical movement that works to positively align the subject to the interrogator’s talk and, thus, to smooth the interactional pathway to the subject’s admission of guilt. (shrink)

Based on the daily data from January 2, 2019, to September 30, 2020, this paper uses the extended CoVaR model to measure the spillover effect of systemic risk among top 10 securities companies by market value in China, All Share Brokerage Index, All Share Financials Index, All Share Insurance Index, and CSI Banks Index. The conclusions are as follows: there are risk spillover effects among 10 securities companies, which are asymmetric and bidirectional and highly volatile in a short (...) period of time; the spillover effect of systematic risk of securities companies is not necessarily related to the market value of securities companies but has a strong relationship with the stock market; there are risk spillover effects between the sample securities companies and the four major indexes, but there are significant differences in the size of the spillover effects; the securities industry has a great risk spillover effect on the financial industry, but the risk spillover effect of other financial sectors on the securities industry is very small. Finally, we put forward countermeasures and suggestions. (shrink)

Sustainability reporting guidelines developed by Global Reporting Initiative provide a systematic approach for the companies to report their performance on social, environmental, and economic dimensions of sustainability. This study compared the sustainability reports of leading Indian public and private sector companies. Reports were analyzed based on GRI guidelines toward their reporting on sustainability. A numerical score from 0 to 3 was assigned for each of the 84 performance indicators of the GRI 2011 guidelines based on inclusiveness of (...) sustainability report. The analysis showed that reporting on economic dimension was comparatively better as compared to social and environmental dimensions. Sampled companies did not show much difference in their reporting practices on economic performances. However, considerable difference was observed in their reporting practices on environmental and social dimensions. Reporting practices of Tata Steel were better in all dimensions of sustainability and emerged as a responsible company on sustainability reporting. (shrink)

In A Treatise on Virtues and Rewards, Dragonetti advances a theory of action based on rewards for virtues. The idea of rewards, especially of awards, relies on the hypothesis that intrinsic motivations drive the actions of good or virtuous citizens. We apply this theory to virtuous entrepreneurs who voluntarily adopt ethical principles as promoted by a recent Italian law. These firms receive an ethical rating by the Italian Competition Authority and can access a set of economic and non-economic benefits. We (...) survey a sample of 152 private companies with an ER and examine their views on the economic and social motivations and benefits as well as the perceived usefulness of the ER for improving ethical behaviour. An exploratory factor analysis detects four categories of motivation and two categories of benefits, which we use in regression models to test Dragonetti’s theory. Overall, respondents see the ER as an effective tool, except in terms of improving economic performance. We also find that entrepreneurs with lower economic and higher responsiveness motivations attain higher ERs. However, in the respondents’ opinions, the ER is not producing any concrete benefits since we find no relationship between the ER and economic or competitive rewards. These findings have implications for the ICA as well as for private companies. (shrink)

“Daily Mail”, “Centros”, “Überseering” and “Inspire Art”: The ECJ has triggered by applying the principle of freedom of establishment step by step the competition between EU corporate legal systems. Entrepreneurs and investors within the EU now can choose between the various corporate legal forms of the various member states when deciding where and how to carry out their business. “Corporate Business Forms in Europe” is the first compendium including a review and description of the most important types of corporate business (...) forms in the newly enlarged Europe. In particular with respect to the proposed directive concerning the transfer of the registered office of a company from one member state to another under perpetuation of its legal capacity this compendium becomes an indispensable reference book for investors/businessmen, lawyers and students providing practical information starting with the formation and ending with the winding up of the various types of corporate entities presented. The team of authors comprises lawyers and professionals from the various countries concerned with a profound background in corporate law. (shrink)

Bringing together contributors from philosophy, international relations, security studies, and strategic studies, New Wars and New Soldiers offers a truly interdisciplinary analysis reflective of the nature of modern warfare. This comprehensive approach allows the reader to see the broad scope of modern military ethics, and to understand the numerous questions about modern conflict that require critical scrutiny. Aimed at both military and academic audiences, this paperback will be of significant interest to researchers and students in philosophy, sociology, military and (...) strategic studies, international relations, politics, and security studies, acting as an ideal course text or as supplementary reading. (shrink)

Widespread concerns about the long-term fiscal gap in Social Security have prompted various proposals for structural reform, with individual accounts as the centerpiece. Carving out individual accounts from the existing system would shift significant risks and responsibilities to individual workers. A parallel development has already occurred in the area of private pensions. Experience with 401 plans indicates that many workers will have difficulty making prudent decisions concerning investment and withdrawal of funds. Moreover, in implementing any system of voluntary (...) individual accounts, it will be important to design default settings that provide appropriate guidance for workers with heterogeneous levels of financial sophistication and risk tolerance. The central goal of Social Security reform should be to close the fiscal gap in a way that preserves rather than undermines the existing system of mandatory defined benefits for all workers. (shrink)

Background In the UK, the solidaristic character of the NHS makes it one of the most trusted public institutions. In recent years, the introduction of data-driven technologies in healthcare has opened up the space for collaborations with private digital companies seeking access to patient data. However, these collaborations appear to challenge the public’s trust in the. Main text In this paper we explore how the opening of the healthcare sector to private digital companies challenges the existing (...) social contract and the NHS’s solidaristic character, and impacts on public trust. We start by critically discussing different examples of partnerships between the NHS and private companies that collect and use data. We then analyse the relationship between trust and solidarity, and investigate how this relationship changes in the context of digital companies entering the healthcare system. Finally, we show ways for the NHS to maintain public trust by putting in place a solidarity grounded partnership model with companies seeking to access patient data. Such a model would need to serve collective interests through, for example, securing preferential access to goods and services, providing health benefits, and monitoring data access. Conclusion A solidarity grounded partnership model will help establish a social contract or licence that responds to the public’s expectations and to principles of a solidaristic healthcare system. (shrink)

The purpose of this article is to analyse the main provisions of the European private company not limited by the provisions as presented by the European Commission in its Proposal for a Council Regulation on the statute for European private company, but also including amendments introduced by the European Parliament and taking into account the negotiations in the Council of the European Union. This article analyses the development of the European private company and explains why such legal (...) form of a company is needed. It provides the analysis of the main provisions of the proposal for the Regulation, the assessment of advantages and drawbacks of the alternatives introduced by the European Parliament and considered in the Council of the European Union, evaluation of the response of these provisions to the specific needs of small and medium-sized enterprises. The article also presents conclusions and suggestions for the improvement of the legal provisions. (shrink)

PurposeThis paper aims to present results of a study that focused on the question of how computer and data experts think about Internet and social media surveillance after Edward Snowden’s revelations about the existence of mass-surveillance systems of the Internet such as Prism, XKeyscore and Tempora. Computer and data experts’ views are of particular relevance because they are confronted day by day with questions about the processing of personal data, privacy and data protection.Design/methodology/approachThe authors conducted two focus groups with a (...) total of ten experts based in London. As London is considered by some as the surveillance capital of the world, and has a thriving Internet industry, it provided a well-suited context.FindingsThe focus group discussions featured three topics that are of crucial importance for understanding Internet and social media surveillance: the political economy surveillance in general; surveillance in the context of the Snowden revelations; and the question what the best political reactions are to the existence of a surveillance-industrial complex that results in political and economic control of the Internet and social media. The focus groups provided indications that computer and data experts are pre-eminently informed on how Internet surveillance works, are capable of critically assessing its implications for society and have ideas about on what should be done politically.Originality/valueStudies of privacy and surveillance after Edward Snowden’s revelations have taken on a new dimension: Large-scale covert surveillance is conducted in a collaborative endeavour of secret services, private communications corporations and security companies. It has become evident that a surveillance-industrial Internet surveillance complex exists, in which capitalist communications and security corporations and state institutions collaborate. (shrink)

This article recalls the fact that until the mid-19th century neither company legislation, nor jurists, nor economists, envisioned companies to be private or small. Nevertheless, once freedom of incorporation and general limited liability were enacted, a new practice was set in motion in Britain. Smaller companies were formed in growing numbers, replacing partnerships, family firms and even sole proprietorships. They operated in sectors in which corporations had not been found before. These companies did not seek access (...) to the stock markets. The article tracks the take-up pattern and changing characteristics of the corporate form in Britain between the enactment of free incorporation and general limited liability (1844–62) and the formal legal recognition of the private company (1907). It shows the dramatic increase in annual incorporation and the parallel decrease in the average capital and average number of shareholders in newly formed companies. The article then analyses the reasons for the decision of businesspersons to incorporate their small firms. The main motivations were the possibility to create asset partitioning between personal and business assets and the ability to use the floating charge. Finally, the article examines the legal reaction to the bottom up emergence of the private company. It examines the reactions of the courts (in the famous Salomon v Salomon case) and of the legislature to this unpredicted practice. It argues that incorporators and their lawyers used the available contractual flexibility to privately design Articles of Association and to adjust them to the specific needs of private and small companies, often by introducing partnership internal governance rules into company Articles. The present study relies on newly gathered data on the take-up of the company form and a newly produced sample of company files collected at Companies House and the National Archives. (shrink)

The possible privatization of Social Security has long been a matter of theoretical interest to those who ideologically favor free markets and maximum personal autonomy. But in the spirit of an age when the Berlin Wall fell and the totalitarian Soviet empire collapsed through a peaceful revolution from within, the politics of Social Security has been remade in recent years in a similarly dramatic fashion.

Abstract In the last 20 years the ruthless competition for natural resources, political instability, armed conflicts, and the terrorist attacks of 9/11 have paved the way for private military and security companies (PMSCs) to operate in areas which were until recently the preserve of the state. PMSCs, less regulated than the toy industry, commit grave human rights violations with impunity. The United Nations has elaborated an international binding instrument to regulate their activities but the opposition of the (...) U.S., U.K., and other Western governments?and from PMSCs, which prefer self-regulation?have prevented any advancement. (shrink)