ABSTRACTMany academic authors, policy makers, NGOs, and corporations have focused on top-down human rights global norm-making, such as the United Nations Guiding Principles for Business and Human Rights. What is often missing are contextual and substantive analyses that interrogate rights mobilization and linkages between voluntary transnational rules and domestic governance. Deploying a socio-legal approach and using a combination of longitudinal field and archival data, this article investigates how a local, indigenous community in Northern Chile mobilized their rights over (...) a period of almost two decades. We found that rights mobilization was largely shaped by tensions between the different logics of legality and the business organization. In our case, the UNGP implementation process has been ineffective in giving rightsholders access to genuine remedy. On the contrary, it has led to weakened rights mobilization, dividing the local community. We conclude that greater attention to rights mobilization and domestic governance dynamics should be given in the business and human rights debate. (shrink)

ABSTRACTBusiness actors often act in ways that may harm other parties. While the law aims to restrict harmful behavior and to provide remedies, legal systems do not anticipate all contingencies and legal regulations are not always well-enforced. This article argues that the logic of double effect, which has been developed and deployed in other areas of practical ethics, can be useful in helping business actors decide whether or not to pursue potentially harmful activities in commonplace business (...) activity. The article illustrates how LDE helps to explain the exploitative nature of payday lending, the distinction between permissible and impermissible forms of market competition, and the potential wrong of imposing risk of harm on others. The article also addresses foundational debates about LDE itself. We offer the article as an illustration of the sort of “midlevel” theorizing that can address directly the needs of practitioners. (shrink)

Artificial intelligence is a general-purpose technology (GPT), term given to technologies that shape an entire era and reorient innovations by reconfiguring the economy’s logic and functioning and bringing in new business models. AI offers unprecedented opportunities and risks. The benefits of AI are extraordinary, as are its potential harms. Potential damage does not have the same degree of problematization, since the intensity and extent of the damage varies according to the domain and the object of application. To address the (...) scale of this challenge, regulation is necessary but not sufficient. Standards, unwritten codes of compliance and arbitration procedures, supervision and auditability, AI governance, international agreements, compliance with current local and global standards and laws. All of this needs to be integrated. Society seems to have no alternative to facing the challenges of at least mitigating the damage already identified and trying to predict future damage in advance. The purpose of this article is to encourage reflection regarding the main initiatives that are available to society to protect its citizens and organizations from the potential harm caused by AI models, vis-à-vis the technology’s own limits to act in ethical and legal compliance. (shrink)

In this paper, the author intends to present an approach against lengthy contracts, judgements, and pleadings. He describes the advantages of brevity, conciseness, and plain English, focusing on research in Israel and abroad. An extreme example of how a whole page may be condensed into one sentence is provided by the author, as well as the opinion of a Supreme Court Chief Justice regarding methods to be used in writing good judgments, and a lawyer’s proposal to summarize pleadings. In the (...) second part of this paper, the author briefly illustrates the differences between three disciplines: Law, Business Administration, and Social Sciences. He proposes that the Law should examine and adopt several elements from other disciplines that can have a positive impact on legal language. (shrink)

Environmental governance has emerged as a recent perspective to explain the link between corporate governance mechanisms and environmental performance such as pollution reduction. We extend current models by incorporating the crucial role of the underlying institutional logics in terms of an a priori focus on either shareholder rights or stakeholder inclusion, which, in turn, can be traced back to the legal origin of a specific country. Using data on a sample of common and civil law countries, we find (...) support for our predictions that a shareholder-focused common law legal origin is associated with significantly higher emissions of CO2, and also that international environmental agreements like the Kyoto protocol seem to have a more pronounced effect in shareholder-centric economies than thus far assumed. (shrink)

Food charity in the United States has grown into a critical appendage of agro-food supply chains. In 2016, 4.5 billion pounds of food waste was diverted through a network of 200 regional food banks, a fivefold increase in just 20 years. Recent global trade disruptions and the COVID-19 pandemic have further reinforced this trend. Economic geographers studying charitable food networks argue that its infrastructure and moral substructure serve to revalue food waste and surplus labor in the capitalist food system. The (...) political–legal framework undergirding this revaluation process however is still poorly understood. Drawing on a 6-year institutional ethnography of the food banking economy in West Virginia, this paper takes a supply-side approach to examine the material and moral values driving the expansion of food waste recovery as hunger relief. Empirically, it focuses on the laws, contracts and fiscal incentives regulating charitable food procurement at the U.S. Department of Agriculture and Feeding America. The assemblage of government agencies, private businesses and non-profit organizations enrolled into this gift economy at different scales I argue, serves to enclose food waste into a public–private governance structure that regulates food surpluses and ensures these will not disrupt the scarcity logics driving profitability along primary food circuits. (shrink)

The concept of legal gap is tackled from a number of logical perspectives and semantic methods. After presenting our own goal (Section 1), a first introduction into legal logic refers to Bobbio’s works and his formalization of legal statements (Sections 2 and 3). Then Woleński’s contribution to the area is taken into account through his reference to the distinction between two juridical systems (viz. Common Law vs Civil Law) and the notion of conditional norms (Section 4). The (...) notion of reason is also highlighted in the case of Raz’s legal logic, thereby leading to a future connection with von Wright’s logic of truth and an analogy made with an anti-realist reading of truth-values and norms (Section 5). Our personal contribution is introduced through a reflection on how logic should deal with the logical form of norms (Section 6), before entering a number of crucial definitions and distinctions for the concepts of norm, legal statement, and promulgation (Section 7). The final point is a proposed semantics for legal statements, which is both many-valued and gap-friendly (Section 8). A distinction between a number of requirements for permission and forbiddance leads to a set of non-classical juridical systems in which non-permission and forbiddance are not equivalent with each other any more; this does justice to Woleński’s former distinction between Common Law and Civil Law, also leading ultimately to a non-classical square of legal oppositions in which several legal operators may collapse into other ones (Section 9). (shrink)

Prior research on sustainability in business often assumes that decisions on social and environmental investments are made for instrumental reasons, which points to causal relationships between corporate financial performance and corporate social and environmental commitment. In other words, social or environmental commitment should predict higher financial performance. The theoretical premise of sustainability, however, is based on a systems perspective, which implies a tighter integration between corporate financial performance and corporate commitment to social and environmental issues. In this paper, we (...) describe the important theoretical differences between an instrumental and integrative logic in managing business sustainability. We test the presence of each logic using data from 738 firms over 13 years and find evidence of integrative logic applied in business. (shrink)

Ethics and Business: An integrated approach for business and personal success equips students with business ethics concepts and pragmatic knowledge they need to identify and solve ethical dilemmas, understand their own and others' ethical behavior, promote ethical behavior in their organization, and begin the process of living a life rich in meaning and happiness. Ethics and Business: An integrated approach for business and personal success provides a systematic and logical framework for understanding ethical challenges and (...) thinking about how to respond. The chapters build on each other. Part 1 (chapters 2-4) lay a foundation for a holistic view of individual ethics. Part 2 (chapters 5-7) provide important knowledge and language about organizational realities and how they deal with issues of ethics and compliance. Part 3 (chapters 8-12) offer students the opportunity to apply what they've learned around four common ethical challenges in business: Conflict of Interest, Bribery, Honesty/ Integrity, the Use and Abuse of Power, and Corporate Social Responsibility. Part 4 takes up some larger issues of ethics: the role of ethics in a market-based or planned economy and the ethical challenges that come with technological innovation. (shrink)

This book documents the growth of unproductive activity in the United States economy since World War II and its relation to the economic surplus, capital accumulation, and economic growth. Unproductive activities broadly consist of those involved in the circulation process, including wholesaling and retailing, banking and financial services, advertising, legal services, business services and many government activities. The results indicate that the level of unproductive activity in the postwar economy has been a significant factor in the slowdown in (...) the rate of capital accumulation, productivity growth and the overall growth rate. Here, the villain is shown to be the gradual but persistent shift of resources to unproductive activities. The consequence has been a reduction in new capital formation and productivity growth and an erosion in the rate of growth in per capita living standards. Moreover, the rise in unproductive activity is itself seen to be rooted in the logic of advanced capitalism. The forces of competition, which in the early stages of capitalism lead to rapid technical change and productivity growth, promote non-productive and even counterproductive activities in its more advanced stages. (shrink)

In the wake of corporate governance scandals, questions arise about the effectiveness and intent of corporate ethical codes: Are they genuine governance mechanisms to enhance corporate responsibility, or are they mere shields against legal risks? This study delves into the linguistic choices within ethical codes, positing that these choices serve as communication devices that articulate a firm’s institutional logic. We use stakeholder theory to differentiate between code language that is governed by instrumental (legal-oriented) or normative (behavior-oriented) logic. Upon (...) analyzing the lexicon of Fortune 500 corporate codes, our findings reveal that behavior-oriented codes are associated with a decrease in the number of environmental, social, and governance (ESG) issues. Yet, they correspond to an increase in class action lawsuits. By contrast, legal-oriented codes are linked to an increase in ESG issues but to reduced legal litigation. Notably, firms that blend approaches from both logics experience lower litigation rates. These findings enrich the discourse on stakeholder theory and provide practical guidance for organizations aiming to refine their ethical codes. This refinement seeks to enhance ethical behavior and mitigate corporate risks. (shrink)

One of the consequences of improper management of European businesses, set solely on profit, is the global financial crisis, felt even today by many societies. Previous negative experience has led to a growing interest in the world at present, in the model in which employees are guaranteed involvement in the management of transnational entities. A new, universal legal framework for the functioning of this model has been created by the European Union. Instead of creating a single transnational legal (...) system, it was decided to create a model for employee involvement in management by coordinating national systems. The aim of this study is to analyse the terminology related to the issue of workers’ involvement in the management of European business entities. This analysis will aim to determine whether the legal language used in the EU regulations and directives relating to workers’ involvement in management and implementing acts allows coordination between legal systems of the Member States. In this context, it is particularly important to determine whether the terminology used in EU acts is consistent with the terminology used in Polish implementing laws and how EU terminology fits into current understanding in the Polish legal tradition of institutions of employee involvement in the management of the workplace. (shrink)

Growing research suggests social ventures (SVs) variably combine social and profit orientations in core organizational features, and this variation in hybridity leads to divergent organizational dynamics and outcomes. However, no comprehensive and precise measurement scale has emerged to capture the varying degrees of hybridity across SVs. To advance theory and empirical research, this study presents an instrument for assessing how organizational actors perceive the degree to which social and market logics are (a) compatible and (b) central to organizational functioning. (...) An inductive-confirmatory two-study approach ( Nstudy1 = 293, Nstudy2 = 315) validates a hybridity scale—composed of 6-item compatibility and 4-item centrality factors—for U.S. nonprofit organizations, benefit corporations, and social enterprises. Moreover, results reveal perceived compatibility is associated with SVs’ revenue structure, whereas centrality is related to their legal status. The development of this scale will facilitate large-scale quantitative research that systematically examines the varied nature, drivers, and implications of organizational hybridity. (shrink)

The debate on whether and how to teach business ethics in graduate business programs continues. The authors of this article suggest specific content and processes for a course aimed at giving MBA candidates the awareness, tools, and mental processes necessary to recognize and address ethical issues in decision making. The inclusion of labor law, discrimination issues, consumer protection legislation, securities laws, and an overview of the U.S. Constitution and the Bill of Rights coupled with the development of utilitarian, (...) deontological, and egalitarian analysis of ethical issues provides the tools and processes necessary for ethical decision making. These tools and processes are applied in several class experiences using cases, moral audits, and the development of a code of ethics to help students acquire the knowledge, skills, and values needed in ethical decision making. (shrink)

This paper describes a model of legal reasoning and a logic for reasoning with rules, principles and goals that is especially suited to this model of legal reasoning. The paper consists of three parts. The first part describes a model of legal reasoning based on a two-layered view of the law. The first layer consists of principles and goals that express fundamental ideas of a legal system. The second layer contains legal rules which in a (...) sense summarise the outcome of the interaction of the principles and goals for a number of case types. Both principles, goals and rules can be used in legal arguments, but their logical roles are different. One characteristic of the model of legal reasoning described in the first part of the paper is that it takes these logical differences into account. Another characteristic is that it pays serious attention to the phenomena of reasoning about the validity and acceptance of rules, respectively principles and goals, and about the application of legal rules, and the implications of these arguments for the use of rules, principles and goals in deriving legal conclusions for concrete cases.The second part of the paper first describes a logic (Reason-Based Logic) that is especially suited to deal with legal arguments as described in terms of the previously discussed model. The facilities of the logic are illustrated by means of examples that correspond to the several aspects of the model. (shrink)

Recently within the critical accounting literature Funnell (1998) has argued that accounting was implicated in the Holocaust. This charge is primarily related to the technical, mathematical nature of accounting and its ability to dehumanise individuals. Broadbent (1998, see also DeMoss and McCann, 1997) has also contended that "accounting logic" excludes emotion. She suggests that a more emancipatory form of accounting could be possible if emotion were given a voice and allowed to be heard within accounting discourse (see also Kjonstad and (...) Wilmott, 1995). This paper contends that emotion should be introduced into accounting education and in particular emotional commitment to other individuals should be encouraged. It is suggested that one way to do this may be through business ethics education. It is also suggested that increasing ethical commitment to other individuals may go some way towards combating the tendency for accountancy to dehumanise other people. While there have been specific studies of ethics and accounting education there has, as yet, been little open debate about what the objectives of accounting ethics education should be or the specific techniques that could be used to meet the desired aims. This paper contends that accountancy has become dangerously dehumanised and that one of the most important objectives for any business ethics education must be to develop an empathy with "the other". The paper studies the developments within the medical, legal and engineering profession in order to suggest some specific methods which could be employed in order to re-humanise accountancy and develop a sense of moral commitment towards other individuals. (shrink)

This chapter focuses on one of the common fallacies in Western philosophy, 'guilt by association' (GBA). GBA is the erroneous logic that just because someone/something A is associated with someone/something B, that someone/something A has or accepts all of the qualities of someone/something B. This fallacy permeates society, from social groups, to political campaigns, to business relationships, and to the court system. When politics, social issues, and business collide, GBA enters new realms. It is also used when it (...) is found that perpetrators of horrific events belonged to a certain group. GBA is often a knee‐jerk reaction that has deep roots in people's implicit biases and has even been supported consistently by legal precedent. To disrupt the desire to make these immediate and fallacious assumptions, individuals must recognize the consequences of doing so and instead build their arguments on facts and realities. GBA can have dire consequences. (shrink)

For forty years, successive editions of Ethical Theory and Business have helped to define the field of business ethics. The 10th edition reflects the current, multidisciplinary nature of the field by explicitly embracing a variety of perspectives on business ethics, including philosophy, management, and legal studies. Chapters integrate theoretical readings, case studies, and summaries of key legal cases to guide students to a rich understanding of business ethics, corporate responsibility, and sustainability. The 10th edition (...) has been entirely updated, ensuring that students are exposed to key ethical questions in the current business environment. New chapters cover the ethics of IT, ethical markets, and ethical management and leadership. Coverage includes climate change, sustainability, international business ethics, sexual harassment, diversity, and LGBTQ discrimination. New case studies draw students directly into recent business ethics controversies, such as sexual harassment at Fox News, consumer fraud at Wells Fargo, and business practices at Uber. (shrink)

It is common for philosophers and legal theorists to bemoan the proliferation of the language of rights in popular discourse.1 In a wide range of contemporary public political and ethical debates, disputants are quick to appeal to the existence of rights that support their position – the ‘human rights’ of innocent victims of war, animals’ noninterference rights, individuals’ and businesses’ rights to economic freedom. It is often maintained, with some plausibility, that these public disputes involve hasty and undefended reliance (...) on assumptions that certain specific rights exist, and that such profligacy with the language of rights does little to clarify and enhance public debate. By contrast, the two prominent theoretical analyses of the concept ‘a right’ – the Will Theory and the Interest Theory – are both revisionary theories which, if widely adopted, would require people to revise their usage of the term ‘a right’. The Will Theory is an explicitly revisionary theory, according to which rights can be held only by beings capable of waiving their rights (and hence rights cannot be held by animals or young children).2 I shall argue that traditional versions of the Interest Theory would also require revisions of popular usage of the term ‘a right’ (by implying that certain property rights and promissory rights cannot genuinely qualify as rights). Such revisionary analyses of the concept ‘a right’ might be applauded for aiming to enhance the conceptual clarity of public debate. However, my stance in this paper is avowedly non-revisionary. My aims are to seek an analysis of the concept ‘a right’ that accords with the multifarious ways in which this term is used in everyday ethical and political debates, and to argue that philosophers and legal theorists would benefit from adopting such a non-revisionary approach. (shrink)

As the expansion of the Internet and the digital formatting of all kinds of creative works move us further into the information age, intellectual property issues have become paramount. Computer programs costing thousands of research dollars are now copied in an instant. People who would recoil at the thought of stealing cars, computers, or VCRs regularly steal software or copy their favorite music from a friend's CD. Since the Web has no national boundaries, these issues are international concerns. The contributors-philosophers, (...) legal theorists, and business scholars, among others-address questions such as: Can abstract ideas be owned? How does the violation of intellectual property rights compare to the violation of physical property rights? Can computer software and other digital information be protected? And how should legal systems accommodate the ownership of intellectual property in an information age? Intellectual Property is a lively examination of these and other issues, and an invaluable resource for librarians, lawyers, businesspeople, and scholars. (shrink)

Animals in Brazil: Economic, Legal and Ethical Perspectives presents a broad overview of the complicated role of animals in Brazilian society. Its four substantive chapters survey the landscape of animal agriculture, animal protection laws, recent animal jurisprudence, and the underlying cultural factors that have shaped the Brazilian people's relationship with and treatment of animals. Despite the book's title, there is no chapter addressing economics. However, it represents the first book in English addressing the plight of animals in Brazil and (...) makes a marked contribution to animal ethics in Latin America. At its best, it is very good, and overall, the volume is a worthwhile addition to the bookshelf of anyone interested in Brazilian animal law.The introduction by the book's editor, Carlos Naconecy, does exactly what an introduction should do: it succinctly describes the content of the chapters to follow. My quibble is that while Naconecy has excellent English and expresses himself well, the essay badly needed the editorial scrutiny of a native English speaker. The succeeding chapters each begin with an abstract, a simple but useful aid to any scholar who might not be interested in all of the issues the book covers.Chapter 1, “Food Animals in Brazil: Five Decades of Transformation,” ably describes Brazil's progression from a primarily subsistence-based agrarian culture to its full-scale embrace of industrial agriculture with all of its incumbent horrors. In just 50 years, Brazil has gone from a net importer to the world's second-largest exporter.The story of the country's transition to confinement, meat-based agriculture is all too familiar. It wrought havoc on community and family ties and overwrote traditional dietary practices, leading to widespread obesity, disease, and nutrient deficiencies. It also made indifference toward agricultural animals a new national norm. The level of cruelty that is both legal and common in Brazilian industrial agriculture would strain credulity if it weren't so similar to those of so many other countries. Indeed, the authors’ discussion of the systemic animal mistreatment, devastating environmental consequences, and accompanying cultural erosion in Brazil could easily have been cut and pasted into a chapter surveying the last 50 years in the United States.The second chapter is the strongest in the collection. “The Legal Protection of Animals in Brazil: An Overview” summarizes the country's animal-legal framework and situates it within the context of Brazil's constitutional prohibition against animal cruelty. The authors explain why the constitution offers little practical protection. Under the prevailing view, only those acts undertaken for the purpose of causing needless suffering constitute cruelty. Since much animal cruelty is ostensibly done for other reasons (food, science, etc.), the cruelty prohibition does not reach the majority of offenses.The authors next construct a syllogistic argument that the current legal classification of animals as “things” rather than beings who are the subjects of rights is logically and ethically flawed. Since cruelty involves suffering, and objects cannot suffer, and since animals suffer (otherwise animal cruelty laws would be pointless), then animals must be subjects of the law. Phrased differently, animals must be rights-holders. This leads into a compelling argument that the constitution not only supports but requires such an interpretation.“Cases and Debates in the Brazilian Animal Rights Arena” does exactly what its title suggests. It looks at recent animal-related judicial developments and situates them within a broader cultural and legal context. For example, the Supreme Court recently held that the Vaquejada, a rodeo-like event involving chasing and tackling terrified cows, was unconstitutional.Immediately following the decision, the legislature amended the constitution to classify the Vaquejada as an important cultural activity and thus protected under a different constitutional provision. The courts are currently considering whether that constitutional amendment is itself unconstitutional. We are further told about movements against foie gras and vivisection and about recent developments regarding custody disputes over domestic animal companions.The final chapter, “Factors That Influence the Brazilian Ethos Regarding Animals” is a broad discussion of the ways Brazilian history and culture have impacted attitudes toward animals. It is argued that because Brazil was the last Western country to eliminate slavery, Brazilians are more prone to treat animals like property and that the Brazilian temperament makes them more likely to be passionate than pragmatic. We also learn that a cultural reluctance to protest against social wrongs enables Brazilians to remain silent in the face of animal injustice and that the country's Catholic tradition instilled the idea that only people were made in the image of God and that animals therefore matter less. These observations strike me as overbroad and problematic. For example, millions of Brazilians have spent much of the past decade protesting government corruption, and the country has an impassioned animal advocacy movement. Furthermore, it is not clear that Brazilians necessarily treat animals differently than people from other countries with very different histories.Overall, Animals in Brazil begins the work of new scholarship in English on animals in the Brazilian context. The fact that some chapters are more informative and useful than others is an inevitable by-product of an edited volume and should not deter those interested in Brazilian animal law from reading it. The excellence of the first two chapters alone makes the book worthwhile. (shrink)

The aim of this article is to compare two models of reality construction and their applicability to explain the various effects of the digitalization process. The evolution of the constructivist ideas about reality is reconstructed in the context of the dispute among realists and constructivists, which was one of the most significant events in the epistemology and philosophy of science of the 20th century. The author points out the differences between the intellectual and the social construction of reality, and carries (...) out a comparative analysis of the philosophical theories and concepts describing the aforementioned alternatives. The intellectual construction of reality, which often takes place in theoretical physics at different stages of its development, is also analyzed. Particular consideration is given to the philosophic-scientific contexts generated by the sociology of knowledge, the theory of speech acts, and the actor-network theory. The article also shows a distinction between the construction and the constitution of reality. The constitution of reality within various types of non-theoretical thinking, fixed using the means and methods of phenomenological philosophy of science, allows identifying and describing the main contexts through which the word reality acquires significance and is endowed with meaning in the present-day intellectual and social practices. Special attention is paid to the concepts of virtual reality and digital reality. The features of the intellectual construction of virtual reality are described. The difference between the intellectual and the social construction of digital reality is substantiated as between two alternative practices, which determine the meaning, and the prospects of digitalization. This distinction may be of particular interest to those who design digital platforms and implement digitalization in various areas of human life and society, especially in as education, legal procedure, management, economics, and business. Today, when partly spontaneous, partly controlled digitalization is taking place in these spheres, the results of this study make it possible not only to understand the logic of the changes taking place but also to apply forecasting and planning methods actively, i.e., constructing the digital reality. (shrink)

This study examines the significance of gender-inclusive corporate boards for improving business performance in Pakistan and addresses the social paradox of gender quotas for reducing gender disparities in boardrooms. The conceptual review of all-inclusive literature focuses on assembling descriptive outlines of the evidence explored; analyzing and evaluating it; sieving out inapt studies; and furnishing an aperçu of the authentic evidence. Pakistan’s case for boardroom’s gender diversity merits consideration in the context of kinship, competence, business ethics, and meritocracy. With (...) the legal and regulatory push in the form of the Companies Act, 2017 and SECP’s regulation, companies in Pakistan are liable to induct at least one woman director on corporate boards. The literature portrays the legislative measures as controversial and presented polarized opinions on gender quotas, either in favor or in against the legislations. The research evinces that the overall women representation in the listed companies at KSE-100 index was 7.55% in August 2019 which rose to 11% till March 2020. The paper contributes towards exposing the social paradox of gender-inclusive boardrooms in Pakistan. The findings indicate an urgent need for the implementation of gender parity social reforms to empower competent women with their legal rights to enjoy the stature they deserve. (shrink)

In this article, we expand on the models available for defining various different business logics relevant to video game development, especially those concerning free-to-play games. We use the models to analyse those business logics from an Aristotelian virtue ethics perspective. We argue that if an individual wishes to follow the Aristotelian virtue ethics code in order to develop the virtues inherent in his or her own character, how he or she chooses to try and generate revenue (...) from the fruits of his or her labour is not irrelevant. Moreover, we argue that some of these methods are in fact vices, which are damaging to the character of the developer, and should therefore be avoided. (shrink)

Business sustainability aims to combine market logic with social welfare logic. In literature, it is commonly assumed that sustainability and the social welfare logic associated with it are characterized by a long-term orientation. However, this assumption is problematic because this principle may not apply in certain contexts. This qualitative study challenges this assumption and focuses on the mechanisms by which time affects the adoption of sustainability practices in the context of socially responsible investing (SRI) practices in Swiss banks and (...) insurance companies. The article provides insights into the mechanisms associated with different time horizons and investigates their effects on the adoption of SRI in financial intermediaries. It also shows how the dimension of time shapes interactions between the two institutional logics underlying SRI in business organizations through specific mechanisms. (shrink)

English for specific purposes has been conceptualized by its leading scholars, like Hutchinson and Waters or Dudley-Evans and St. John, as a multi-stage process, where the ESP practitioner fulfils a variety of roles, including that of learner needs researcher, course designer, language instructor, learning assessor, and course evaluator. The performance of these roles requires considerable knowledge of a linguistic, socio-cultural and pedagogical nature, necessary to inform the teacher’s cognitive processes, par- ticularly those involved in course decision making. The necessary professional (...) knowledge of the ESP teacher, which is gained through professional school- ing, teacher training, and teaching experience, comprises both relevant theo- retical concepts and performance skills. It di- rectly impacts on all stages of the ESP process, namely the planning, design, teaching, assessment and evaluation of a course, largely determining its quality. The present paper focuses on ESP teacher cognition, especially those cognitions that are involved in course design, informing the teacher’s choices of course parameters and instructional practices. Elaborating on the concepts developed by language cognition scholars, like Shulman, Andrews, and Borg, the author tries to outline the in- ternal structure of ESP teacher cognition and describe the function of each subordinate knowledge base. The paper also presents the preliminary results of a small-scale exploratory study into the professional cognition of 13 teachers of Legal and Business English employed at the University of Warsaw. (shrink)

The use of facial recognition systems in concerts provides a perfect pretext to semiotically discuss the role of the face in contemporary culture, identifying different strategies and axiologies (systems of values). In his visionary essay Bruits (“noises”) from 1977, the French thinker Jacques Attali establishes a close connection between music and power and locates it in the site of the collective unfolding of music: the concert hall. Following this hint, the article reconstructs the current debate on facial recognition systems in (...) the music business, with a particular focus on concerts and festivals. The different positions (of musicians, authorities, and professionals) are outlined (some are openly in favor, others openly against), key moments are identified (Beyoncé’s concert in Cardiff, 2017; Jacky Cheung’s in Nanchang, 2018; Taylor Swift’s at the Rose Bowl in Pasadena, 2018; the “banfacialrecognition.com” campaign launched in 2019; the case of Barbara Hart at Brandi Carlile’s show at the Madison Square Garden, 2022) and, finally, the issue is framed within the broader debate about the face as an indexical marker of presence, identity, and humanity (the contrast between Italian philosopher Giorgio Agamben and American sociologist and design theorist Benjamin Bratton is addressed). (shrink)

The article devoted to legal and political institutions comprehension from analytical philosophical tradition standpoint. The author of the article made an attempt to define political institutions through the concepts introduced in the considered legal tradition. This vision of problem solution is justified by the fact that analytical philosophy is guided by the logical analysis of the essence of the subject, indicating interconnection and interdependence of legal and political institutions that cannot be perceived today in isolation from each (...) other. Through an appeal to the classics of tradition, it is determined that in analytical philosophy, the problematic field of the essence of legal and political reality is concluded in application of legal acts. It is revealed that by means of an analytical method, it is possible to single out the real content of right and policy. As a result, the author comes to the conclusion that it is necessary to analyze language that has contextual relevance to reality because cognition through an instrumental relationship to linguistic reality makes it possible to gain its expanded understanding and overcome contradictions. (shrink)

This paper is the result of a contribution between ethics and law, which will be used as thought-process tools, to address the complex issue of legal and ethical statuses of GM fish. To find answers, we propose to consider this issue from a wider angle, looking at the relations between the human, animal, and living worlds. We show that it is possible to construct other forms of intellectual logic that, without setting these worlds in opposition, do not lapse into (...) relativism where boundaries are blurred. In this sense, we submit the hypothesis that ordered pluralism should help us to move past a mere Man–Animal relationship to reveal the entire complexity of relationships within mankind and between mankind and other (non-human) worlds alongside it and to which it belongs: the animal and living worlds. With this new logic, “animal ethics” and “animal law” are re-embedded into a set of relationships. This logic emerges from a new consideration: the nature of the contemporary objects we are dealing with. We shall call objects like genetically modified fish “relational objects” in the sense that in order to be apprehended, they utilize a set of relationships of which there are just as many as the dimensions forming them, not as predicates but as primary constituents. Experimentally, in the case of GM fish, we translate this by proposing to typologize legal and ethical considerations induced by multiple relations connected to this object. According to the type of relationship in question, the GM fish will not have the same status; it is a changing object that must be suitably apprehended. (shrink)

The paper aims at describing the findings and conclusions formulated in the analysis of the authorship factor in legal discourse. It is hypothesised that verbal structures show systemically varied distribution across legal discourse and the relevant distinctions run through the authorship categories. When it comes to the aim of the research it draws on the tradition of sociolinguistic methodology targeting issues related to language variation which follows the basic assumptions of functional grammar. From the point of view of (...) the material covered by the analysis it contributes to the research on legal discourse and specifically on its specialised domain referred to as corporate, company or business discourse. It provides additional empirical data pointing to the non-homogeneity of the legal style and formal distinctions originating from rich contextual background. The study is conducted on the material of a custom-designed corpus of English legal texts, classified as secondary genres. Methodologically, the study makes use of the tenets of supervised search of digitalised corpora and automatic data extraction based on discrete units, subsequent identification of recurring longer contiguous and/or non-contiguous sequences, if any, built around the axis of specific verbal structures and finally qualitative comparative analysis of the material. The discussion presents sample data and focuses on the most salient categories, both quantitatively and qualitatively. The inductive approach confirms the formal divergencies in the communicative situation covered by the analysis. The findings encapsulate patterns and tendencies in the quantitative distribution of verbal structures depending on the authorship category. It may be concluded that authorship is a factor delineating distinctions as regards the repertoire of grammatical instruments exploited, which contributes to the specific stylistic profile of given authors. This shows that the thesis posed is verified positively and the study shows further, more detailed distinctions running through groups of subcategories distinguished within the authorship categories specified upon the start of the research. (shrink)

This paper examines ethical, legal and economic dimensions of the decision facing employers regarding whether it is appropriate to monitor the electronic mail (e-mail) communications of its employees. We review the question of whether such monitoring is lawful. Recent e-mail monitoring cases are viewed as a progression from cases involving more established technologies (i.e., phone calls, internal memoranda, faxes and voice mail).The central focus of the paper is on the extent to which employer monitoring of employee e-mail presents a (...) structure of costs and benefits to the employer which are unlikely to make such a practice profitable or practical to the employer. The practice of employer monitoring to detect illicit employee behavior (e.g., fraud, harassment of fellow employees, industrial espionage) is considered. (shrink)

A considerable number of books and papers have analyzed normative concepts using new techniques developed by logicians; however, few have bridged the gap between the English legal culture and the Continental tradition in legal philosophy. This book addresses this issue by offering an introductory study on the many possibilities that logical analysis offers the study of legal systems. The volume is divided into two sections: the first covers the basic aspects of classical and deontic logic and its (...) connections, advancing an explanation of the most important topics of the discipline by comparing different systems of deontic logic and exploring some of the most important paradoxes in its domain. The second section deals with the role of logic in the analysis of legal systems by discussing in what sense deontic logic and the logic of norm-propositions are useful tools for a proper understanding of the systematic structure of law. (shrink)

Company directors and executives seek legal advice outside the company on a regular basis. This advice is meant to be given within the context of the lawyers’ professional obligations and ethical practise. What clients may not appreciate is there is often a conflict of interest between the lawyers’ professional and ethical concerns and the legal advice business. If lawyers follow their business interests, their advice may be incomplete especially in relation to the ethical consequences of that (...) advice. This could lead to a compromise of the clients’ commercial interests and even raise doubts in relation to the legality of the clients’ proposed course of action. (shrink)

This dissertation develops, justifies, and examines the jurisprudential implications of a non-monotonic theory of common law legal reasoning. Legal rules seem to have exceptions but identifying all of them is difficult. This hinders attempts to formalize legal rules using classical logics. Non-monotonic logics allow defeasible inference, permitting rules that hold generally but can be defeated in the presence of exceptions. This ameliorates the problem of characterizing all exceptions to a rule, because exceptions can be added (...) piecemeal while the rule remains. The first portion of the dissertation rebuts a prominent criticism leveled at a large class of theories of legal reasoning that includes my theory. The charge is that no coherent theory can recognize both the difference between distinguishing and overruling, and the constraint of precedent. The critics argue that is more important than and that can only be explained by monotonic legal rules. Drawing on cognitive psychology as well as legal theory, I show that coherent theories, such as my own, can accommodate both and. The second chapter provides motivation for understanding precedential constraint in terms of non-monotonic default rules and introduces my positive theory, which elaborates on John Horty's work in treating legal rules as prioritized defaults involving reasons. I motivate and implement a relaxation of Horty's restrictions on the form of rules to allow a more fine-grained characterization of precedent. Finally, I explore the relationship between these relaxations and the concept of precedent. The final section explains how my theory fits into the traditional jurisprudential ecosystem. I demonstrate that, contrary to assertions in the legal theory literature, this non-monotonic approach is entirely compatible with positivism's commitment to extracting rules from authoritative legal sources, namely court opinions. I also suggest how it might be attractive to law and economics theorists, pragmatists, and followers of Dworkin. (shrink)

The Watson-Glaser Critical Thinking Appraisal Test is one of the oldest, most frequently used, multiple-choice critical-thinking tests on the market in business, government, and legal settings for purposes of hiring and promotion. I demonstrate, however, that the test has serious construct-validity issues, stemming primarily from its ambiguous, unclear, misleading, and sometimes mysterious instructions, which have remained unaltered for decades. Erroneously scored items further diminish the test’s validity. As a result, having enhanced knowledge of formal and informal logic could (...) well result in test subjects receiving lower scores on the test. That’s not how things should work for a CT assessment test. (shrink)

In this paper, the future of bullfighting in France not long to break the moral value and aesthetic experience in disputes arising from conduct analysis to facilitate thinking about aesthetic experience and the relationship between animal existence. This paper is seeking to explore, and not in the evaluation of an article or opinion on a work conflict, but conflict involved to judge the value of multiple values. Guardian of moral values ​​and oppose bullfighting events, the main slogan is to respect (...) life, refused pain; and aesthetic value of the defenders, usually held in the name of safeguarding cultural heritage and maintain the aesthetic quality of performance. Evaluation criteria of the dispute and defend the value caused by the conflict is not the same evaluation criteria dispute is business volume, but as long as both parties agree, you can also stop the dispute; but to defend the value caused by the conflict is poured out not In order, because the two sides都that the other side The defense held the right of speech is not. This will work for contemporary art in the use of animals in vivo action conducted research to explore the contemporary art of the new research topics implied by the reach of the arts domain and the domain of U.S. academic issues. Contemporary art in the works use living animals move, going beyond In order to both logic system recognized by the precinct, including the U.S. academic field naturalist館exhibition science precinct, ethics and moral of the bounded domain, the legal precinct, and so on. The definition of contemporary art across borders is an important factor in the definition. This paper will examine the Huang Yong Ping's "World Theatre" Case, this was originally a huge cultural center complete degree 1994's "beyond boundaries" arranged by one of the works on display, but In several animal protection requirements under the Joint Association was eventually canceled. Case in other article, is the author of contemporary art in the study of the U.S. boycott of the case made ​​by the observation results. These different Case studies - is currently on-going research work - at least lead to two problems: artists at work using live or dead animals, whether in what form cross In order moral bounded domain and / or the U.S. academic Domain? Also, from one precinct to another precinct of the transition, the leap of variables that? Description of the future, after all, this issue of intense controversy, is originated from the West, so that this issue regardless of whether the problem is the West competition, but more is not Chinese or Asian issues of concern? Based on various conflicts of evaluation , this study of the relationship between aesthetic experience and animality evidences the existence of value registers, above the very values ​​such as beauty or sensitiveness. Aesthetic register is used by the supporters of a work in the name of cultural traditions or artistic quality, while ethical register is used by its opponents in the name of respect for living beings or of refusal to inflict sufferings. Whereas value conflicts allow discussions that may end up with an agreement, value registers conflicts can generate but endless fights, since the arguments of one party are without any relevance for the other party. Out of various case studies, mostly in France and in the USA, two questions arise. First, what kinds of moral and / or aesthetic boundaries are transgressed by the use of animals "living or even dead" in artistic proposals? Second, how do these transgressions change according to different cultures? Do they raise more difficulties in western culture than in Chinese or Asian culture, since the latter provides the propositions which have been most violently attacked in the Western world? (shrink)

This commentary proceeds as follows. First, it is argued from both ethical and legal perspectives through an analysis of Court precedents that Etzioni’s has improperly developed a too narrow First Amendment interpretation and conclusion that Apple should comply with the FBI’s demand to provide the FBI with a key to open iPhones. That is, broad First Amendment considerations and not solely narrow First Amendment “compelled speech” or only Fourth Amendment privacy issues are offered and analyzed from both ethical and (...) legal perspectives. A key point here is that broad First Amendment considerations protect, with exceptions, political and ethical discretion space for “Press” organizations to exercise, or not, ethical responsibilities, including rights to publish or not publish information and opinions, rather than compliance with government orders to publish or not publish. Further, Court cases are discussed from both legal and ethical perspectives where the Courts have established that social media organizations such as Facebook and Twitter do and should have broad First Amendment protection of free expression and peaceful assembly as traditional media such as newspapers have. It is suggested that Apple can and should be considered a social media organization. In addition, special First Amendment protection and limitations concerning national security are analyzed. Second, it is suggested that Etzioni’s point that Apple protected its clients soley for “business profitability” reasons is also a too narrow interpretation since there are more complex, mixed, and combined ethical and political-economic reasons for protecting clients and First Amendment protections. Third, the philosopher Paul Ricoeur’s ethics process responsibility framework concerning relationships between ethics and law and the need for an ethics responsibility rather than a compliance approach, which is similar to Brandeis’ legal ethics approach, is compared with and offered as an alternative to Etzioni’s compliance based “Liberal communitarian” approach. It is suggested that the difference between the Rocoeur and Etzioni approaches is similar to the difference between compliance and ethics responsibility process programs in organizations. (shrink)

An important subject of bioethical and legal considerations is the relations and manifestations of what happens in current biomedical practice regarding the practice of activities and the provision of health care services. This is particularly important when it comes to disagreements, collisions, and conflicting rules, the ethical and legal origins of different norms, and medical decision making. An appropriate analytical and methodological approach through interpretation and comparison is needed to uncover shortcomings that often remain on the surface, invisible, (...) due to the lack of dialogue. This paper aims to shed light on the fundamentals of bioethical principles on the one hand and the legal-logical system of norms in biomedicine on the other. The conclusion emphasises the elimination of the contradictory elements of the relationship and the affirmation of helpful and complementary aspects with the opening of parallel perspectives and intersections in the service of promoting the legality of the work, the development of good medical practice and respect for human rights in the field of health. (shrink)

The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition. By Behnam Sadeghi. Cambridge Studies in Islamic Civilization. Cambridge: Cambridge University Press, 2013. Pp. xxi + 215. $99.99, £64.99.

The Marcusean concept of one-dimensionality is used to explore contradictions of organized labor. Since the original 1964 publication of One-Dimensional Man, the labor movement has suffered significant losses in membership and power. This essay examines the current relevance of Marcuse’s description of the increasing integration and collusion of organized labor with business, the loss of the union’s role as radical/revolutionary subject, and the containment of organized labor as an oppositional force. The specific mechanisms found in the structure, culture, logic, (...) and legal constraints that characterize the deradicalization of organized labor are critically reviewed. (shrink)

ABSTRACT:Legal scholars and business ethicists are interested in many of the same core issues regarding human and firm behavior. The vast amount of legal research being generated by nearly 10,000 law school and business law scholars will inevitably influence business ethics research. This paper describes some of the recent trends in legal scholarship and explores its implications for three significant aspects of business ethics research—methodology, theory, and policy.

This article focuses on the problem of criminal liability for unlawful engagement in economic activities, analyses the emergence and development of this norm in criminal law and the ways of its optimal explanation. Special attention is paid to the problem of identification of illegality of activities, based on specific tax and economic regulation. The study concludes that criminal liability must be limited to a violation of fundamental requirements for the legality of business, and does not include particular abuses occurring (...) in legal business. The author also deals with the criteria of delimitation of criminal and administrative liability for unlawful engagement in economic activities. Under Article 202(1) of the Criminal Code of the Republic of Lithuania, application of criminal liability is limited by two alternative conditions: either a person illegally undertakes activity in entrepreneurial way or on a large scale. According to the paper, the above-mentioned regulation lacks clarity and leads to the risk of unfounded prosecutions. The author gives practical examples, where on the basis of inexplicable criterion of an entrepreneurial way, criminal charges are filed in respect of petty economic activities. Such practice is incompatible with the purposes and principles of criminal law. The paper proposes to delete the criterion of an entrepreneurial way from the definition, leaving the possibility of criminal liability only in case of large scale illegal economic activity. The article also substantiates the conclusion that prohibited business activities provided for in Article 202(2) of the Criminal Code actually defies logical explanation and should be removed from the regulation. At the end of the article, the author offers a sample of optimal legal wording of unlawful engagement in economic activities in criminal law. (shrink)

This chapter contains sections titled: Introduction On Law and Morality Legal Rights and Legal Principles Law and Legal Systems Deontic Logic and Legal Philosophy Philosophical Doctrines in Latin America Conclusion References.

The main aim of this paper is to study the notion of conditional right by means of constructive type theory (CTT) which provides the means to develop a system of contentual inferences rather than of syntactic derivations. Moreover, in line with Armgardt, we will first study the general notion of dependence as triggered by hypotheticals and then the logical structure of dependence specific to conditional right. I will develop this idea in a dialogical framework where the distinction between play-object and (...) strategy-object leads to the further distinction between two basic kinds of pieces of evidence and where meanings is constituted by the interaction of obligations and entitlements. The present paper is based on Rahman (2015). However, though the underlying CTT-analysis is the same, the dialogical reconstruction makes use of a new way of linking dialogical logic and CTT. Introduction. (shrink)

This paper investigates the basis arguments of so-called legal logic and their relation to logic in its standard meaning. There is no doubt that legal arguments belong to logic in the wide sense (sensu largo), but their reduction to schemes of formal logic (logica sensu stricto) is a controversial issue. It can be demonstrated that only some legal arguments fall under explicit rules of formal logic, that is, having a deductive character. Most such reasoning is fallible, and (...) its correctness depends on appealing to extra-logical principles taken from legal norms. For instance, if we say, “If it is permitted more, then it is permitted less” (argumentum a maiori ad minus), we assume that the concepts expressed by the words “more” and “less” are already defined. (shrink)

As the expansion of the Internet and the digital formatting of all kinds of creative works move us further into the information age, intellectual property issues have become paramount. Computer programs costing thousands of research dollars are now copied in an instant. People who would recoil at the thought of stealing cars, computers, or VCRs regularly steal software or copy their favorite music from a friend's CD. Since the Web has no national boundaries, these issues are international concerns. The contributors-philosophers, (...) legal theorists, and business scholars, among others-address questions such as: Can abstract ideas be owned? How does the violation of intellectual property rights compare to the violation of physical property rights? Can computer software and other digital information be protected? And how should legal systems accommodate the ownership of intellectual property in an information age? Intellectual Property is a lively examination of these and other issues, and an invaluable resource for librarians, lawyers, businesspeople, and scholars. (shrink)

For centuries in the UK and elsewhere, charities have been widely regarded as admirable and virtuous organisations. Business corporations, by contrast, have been characterised in the popular imagination as entities that lack a capacity for moral judgement. Drawing on the philosophical literature on the moral agency of organisations, we examine how the law shapes the ability of charities and business corporations headquartered in England to exercise moral agency. Paradoxically, we find that charities are legally constrained in exercising moral (...) agency in ways in which business corporations are not. Implications for charities and business corporations are then explored. (shrink)