The problem of the judge: judicial freedom of decision, its necessity and method, by F. Gény.--Judicial freedom of decision, its principles and objects, by E. Ehrlich.--Dialecticism and technicality; the need of sociological method, by J. G. Gmelin.--Equity and law, by G. Kiss.--The perils of emotionalism, by F. Berolzheimer.--Judicial interpretation of enacted law, by J. Kohler.--Courts and legislation, by R. Pound.--The operation of the judicial function in English law, by H. B. Gerland.--Codified law and case-law, by É. Lambert.--Methods of juridical thinking, (...) by K. G. Wurzel.--The problem of the legislator: methods for scientific codification, by A. Alvarez.--The legislative technic of modern civil codes, by F. Gény.--Scientific method in legislative drafting, by E. Freund. (shrink)

Sustainability challenges typically occur across sectoral boundaries, calling the state, market, and civil society to action. Although consensus exists on the merits of cross-sector collaboration, our understanding of whether and how it can create value for various, collaborating stakeholders is still limited. This special issue focuses on how new combined knowledge on cross-sector collaboration and business models for sustainability can inform the academic and practitioner debates about sustainability challenges and solutions. We discuss how cross-sector collaboration can play an important role (...) for the transition to new and potentially sustainability-driven business models given that value creation, delivery, and capture of organizations are intimately related to the collaborative ties with their stakeholders. Sustainable alternatives to conventional business models tend to adopt a more holistic perspective of business by broadening the spectrum of solutions and stakeholders and, when aligned with cross-sector collaboration, can contribute new ways of addressing the wicked sustainability problems humanity faces. (shrink)

Through case studies that highlight the type of information that is seldom reported in the news, Faces of Environmental Racism exposes the type and magnitude of environmental racism, both domestic and international. The essays explore the justice of current environmental practices, asking such questions as whether cost-benefit analysis is an appropriate analytic technique and whether there are alternate routes to sustainable development in the South.

Through case studies that highlight the type of information that is seldom reported in the news, Faces of Environmental Racism exposes the type and magnitude of environmental racism, both domestic and international. The essays explore the justice of current environmental practices, asking such questions as whether cost-benefit analysis is an appropriate analytic technique and whether there are alternate routes to sustainable development in the South.

The challenge that confronts corporate decision-makers in connection with global labor conditions is often in identifying the standardsby which they should govern themselves. In an effort to provide greater direction in the face of possible global cultural conflicts, ethicistsThomas Donaldson and Thomas Dunfee draw on social contract theory to develop a method for identifying basic human rights: Integrated Social Contract Theory (ISCT). In this paper, we apply ISCT to the challenge of global labor standards, attempting to identify labor rights that (...) could serve as guides for corporations producing or outsourcing outside of their home country. In addition to identifying areas of universal agreement, we also examine whether ISCT is, in fact, a sufficient basis for determining worker rights; we seek to define the parameters of the “sweatshop” problem; we include the application and results of our ISCT analysis as applied to labor standards: the global labor rights hypernorms; and conclude that ISCT is sufficient only for rights that are universal. We also discuss whether market-driven decisions can identify the boundaries of labor rights, or at least assure that market outcomes are compatible with maintaining labor rights, in order to respond to the shortcomings of ISCT. We conclude with some comments on directions of analysis for labor rights determination. (shrink)

Business models are developed and managed to create value. While most business model frameworks envision value creation as a uni-directional flow between the focal business and its customers, this article presents a broader view based on a stringent application of stakeholder theory. It provides a stakeholder value creation framework derived from key characteristics of stakeholder theory. This article highlights mutual stakeholder relationships in which stakeholders are both recipients and creators of value in joint value creation processes. Key findings include that (...) the concept and analysis of value creation through business models need to be expanded with regard to different types of value created with and for different stakeholders and the resulting value portfolio, i.e., the different kinds of value exchanged between the company and its stakeholders. This paper details the application of the stakeholder value creation framework and its theoretical propositions for the case of business models for sustainability. The framework aims to support theoretical and empirical analyses of value creation as well as the management and transformation of business models in line with corporate sustainability ambitions and stakeholder expectations. Overall, this paper proposes a shift in perspective from business models as devices of sheer value creation to business models as devices that organize and facilitate stakeholder relationships and corresponding value exchanges. (shrink)

We examine the occurrence of ethicsrelated terms in 10-K annual reports over 1994-2006 and offer empirical observations on the conceptual framework of Erhard et al. 2007). We use a pre-Sarbanes-Oxley sample subset to compare the occurrence of ethics-related terms in our 10-K data with samples from other studies that consider virtue-related phenomena. We find that firms using ethics-related terms are more likely to be "sin" stocks, are more likely to be the object of class action lawsuits, and are more likely (...) to score poorly on measures of corporate governance. The consistency of our results across these alternative measures of ethical behavior suggests that managers who portray their firm as "ethical" in 10-K reports are more likely to be systematically misleading the public. These results are consistent with the integrity-performance paradox. (shrink)

Over the past decade, corporate scandals have proliferated. These scandals, along with the emergence of the #MeToo movement and Environmental, Social, and Corporate Governance (ESG) mandates, have increased the scrutiny of corporations’ ethics culture. How have companies responded in terms of the language appearing in their public ethics documents? We compare the Code of Ethics in 2008 versus 2019 for a sample of S&P 500 firms. For the vast majority of firms, their Code of Ethics lengthened, with the average 2019 (...) code having 29% more words (about 1760 words) than the 2008 average. The language of the codes has also changed. Words such as _bribery, corruption, sustainability, speak up, bullying, slavery,_ and _human rights_ all saw significantly higher usage in the later period. We review possible reasons for the dramatic changes and suggest what questions remain about the motivations behind them. Whether the changes we observe are primarily intrinsically motivated or simply market responses to public pressures is yet to be determined. What is clear from our findings is that society seems to be entering a new age of increasingly moral—or, at least, moralized—corporate governance. (shrink)

This article investigates the experience of individual learners who have been allocated learning support in the further education system in England. The particular focus is on interviewees' constructions of their emotional and psychic experiences. Through the adoption of a psycho-social perspective, learners' tendency to 'idealise' their learning support workers is understood as a strategy for coping with the anxiety generated by a range of previous experiences. The implications for policy-makers are discussed.

Prior to any research data collection a proposal outlining methods and protocols is required to undergo ethical scrutiny. The issues surrounding a research ethics review process within sport and exercise science departments are not dissimilar to other subject areas. In particular, the ethical review process may be unclear to the researcher and can either present a difficult and time-consuming challenge or be merely perceived as a tick-box exercise. The aim of this study was to explore and compare research ethics processes (...) and decisions within sport and exercise science departments and institutions across the UK. Participants were asked to provide decisions and justification of those decisions on ten typical sports and exercise science proposals. Results found that all respondents cited evidence of informed consent and subject information sheets, detailed methodology and data protection procedures as highly important across all scenarios. Additionally it was found that similar processes occur regarding research ethical scrutiny and similar decisions are made at the departmental level. However, confidence fluctuates for individuals when reviewing in non-specialist subject areas and qualitative data collected calls for more research ethics training. (shrink)

The metaphysics of ordinary objects is an increasingly vibrant field of study for philosophers. This volume gathers insights from a number of leading authors, who together tackle the central issues in contemporary debates about the subject. Their essays engage with topics including composition, persistence, perception, categories, images, artifacts, truthmakers, metaontology, and the relationship between the manifest and scientific images. Exploring the nature of everyday things, the contributors situate their arguments and the latest research against the background of the field's development. (...) Moreover, many essays propose new ideas and approaches, looking ahead to the future of the metaphysical study of ordinary objects. Featuring numerous clearly explained examples and with thoughtful links drawn to other, related disciplines such as pragmatism, this wide-ranging volume fills a major gap in the literature and will be important for scholars working in metaphysics. (shrink)

Review of J. Fisher Solomon's "Discourse and Reference in the Nuclear Age"; Diane P. Michefelder's "Dialogue and Deconstruction: The Gadamer-Derrida Encounter"; Rodolphe Gasche's "The Tain of the Mirror: Derrida and the Philosophy of Reflection"; Michael H. McCarthy's "The Crisis in Philosophy"; Amy Gutman and Dennis Thompson's "Ethics and Politics: Cases and Comments".

Processing the motivational relevance of a visual scene and reacting accordingly is crucial for survival. Previous work suggests the emotional content of naturalistic scenes affects response speed, such that unpleasant content slows responses whereas pleasant content accelerates responses. It is unclear whether these effects reflect motor-cognitive processes, such as attentional orienting, or vary with the function/outcome of the motor response itself. Four experiments manipulated participants’ ability to terminate the picture and, thereby, the response’s function and motivational value. Attentive orienting was (...) manipulated via picture repetition, which diminishes orienting. A total of N = 81 participants completed versions of a go/no-go task, discriminating between distorted versus intact pictures drawn from six content categories varying in positive, negative, or neutral valence. While all participants responded faster with repetition, only participants without offset control exhibited slower responses to unpleasant and accelerated responses to pleasant content. Emotional engagement, measured by the late positive potential, was not modulated by attentional orienting, suggesting that the interaction between repetition and offset control is not due to altered emotional engagement. Together, results suggest that response time changes as a function of emotional content and sensitivity to attention orienting depends on the motivational function of the motor response. (shrink)

ABSTRACT: This article investigates the experience of individual learners who have been allocated learning support in the further education system in England. The particular focus is on interviewees’ constructions of their emotional and psychic experiences. Through the adoption of a psycho-social perspective, learners’ tendency to ‘idealise’ their learning support workers is understood as a strategy for coping with the anxiety generated by a range of previous experiences. The implications for policy-makers are discussed.

Introduction Future HIV vaccine efficacy trials with adolescents will need to ensure that participants comprehend study concepts in order to confer true informed assent. A Hepatitis B vaccine trial with adolescents offers valuable opportunity to test youth understanding of vaccine trial requirements in general. Methods Youth reviewed a simplified assent form with study investigators and then completed a comprehension questionnaire. Once enrolled, all youth were tested for HIV and confirmed to be HIV-negative. Results 123 youth completed the questionnaire (mean age=15 (...) years; 63% male; 70% Hispanic). Overall, only 69 (56%) youth answered all six questions correctly. Conclusions Youth enrolled in a Hepatitis B vaccine trial demonstrated variable comprehension of the study design and various methodological concepts, such as treatment group masking. (shrink)

The authors study the impact of institutional corporate social responsibility —defined as CSR targeted at a borrowing firm’s secondary stakeholders—on bank loans. Findings suggest that higher levels of institutional CSR are associated with lower levels of interest rates and loan spreads. In addition, institutional CSR also tempers the positive impact of loan maturity and firm leverage on interest rates and loan spread. These effects were strongest among firms that demonstrated sustained performance, rather than among firms that showed mixed performance in (...) terms of their secondary stakeholder-related activities. This study indicates institutional CSR is valued by stakeholders for its risk mitigating and transaction cost reducing effects independent of technical CSR, defined as CSR targeted at primary stakeholders. (shrink)

Spatial Representation presents original, specially written essays by leading psychologists and philosophers on a fascinating set of topics at the intersection of these two disciplines. They address such questions as these: Do the extraordinary navigational abilities of birds mean that these birds have the same kind of grip on the idea of a spatial world as we do? Is there a difference between the way sighted and blind subjects represent the world 'out there'? Does the study of brain-injured subjects, such (...) as 'blind seers', tell us anything about the working of normal spatial consciousness? -/- The essays are arranged into five sections, each of which reflects a central area of research into spatial cognition, and opens with a short introduction by the editors, designed to facilitate cross-disciplinary reading. The volume as a whole offers a rich and compelling expression of the view that to advance our understanding of the way we represent the external world it is necessary to draw on both philosophical and psychological approaches. (shrink)

These essays survey the histories, the theories and the fault lines that compose the field of memory research. Drawing on the advances in the sciences and in the humanities, they address the question of how memory works, highlighting transactions between the interiority of subjective memory and the larger fields of public or collective memory.

Doping poses a threat to sport worldwide. Studies have revealed that, in addition to elite athletes, amateur and recreational sportsmen and sportswomen are making increasing use of performance-enhancing drugs. Worryingly this trend has been documented among young people. Anti-doping efforts seeking to deter elite athletes from doping through detection of the use of prohibited substances are costly and have not been completely effective either at the top-level or the amateur/recreational level. A thoughtful education program, inspired by honesty and respect, might (...) be more effective in shaping attitudes towards doping in young people and protecting their health. For these reasons, the Italian “Lotta al Doping” (Fight Against Doping) project sought to cause a cultural shift in young people by taking anti-doping seminars to high schools. In the 2017-2018 school year we reached more than 20,800 students from 157 high schools through 202 seminars. Before and after the seminars, we administrated anonymous, voluntarily completed surveys with a set of questions (items = 15), taken from the WADA-Play-True-Quiz. Upon completion of the 2-hour seminar, the majority of the answers given by the students resulted correct (13 out of 15 items, p<0.000001, McNemar) confirming the value of the initiative. This project stands out as promising in the doping prevention process at the youth and amateur levels. (shrink)

Advance directives enable individuals to project their healthcare preferences into a period of anticipated incapacity. With advance directives, individuals can designate whom they would like to have make healthcare decisions for them, or give their healthcare provider advice on what to do, or both. Canada has an unusually wide variety of legislative approaches to advance directives. In what follows we describe and evaluate these, with the aim of pointing the way toward the ideally best legislation and policies on such directives.

People with learning disability sometimes display challenging behaviour. This can be managed by use of antipsychotic medication or behavioural therapy or both. There is no solid evidence, however, that these therapies are safe and effective. A randomised controlled trial of antipsychotic medication has been proposed to deliver such evidence. However, this presents difficult issues in the ethics of research with learning disabled people. In particular, is a trial the most efficient and fairest way to evaluate practice in this area? This (...) paper reviews the clinical situation, gives the rationale for the trial, and analyses the ethical arguments for and against such a trial. (shrink)

This paper examines the relationship between organizational ethical culture in two large international CPA firms, auditors'' personal values and the ethical orientation that those values dictate, and judgments in ethical dilemmas typical of those that accountants face. Using an experimental task consisting of multiple judgments designed to vary in "moral intensity" (Jones, 1991), and unique as well as tried-and-true approaches to variable measurements, this study examined the judgments of more than three hundred participants in our study. ANCOVA and path analysis (...) results indicate that: (1) Ethical judgments in situations of high moral intensity are affected by personal values and by environmental variables, such as the professional code of conduct (direct and indirect effects) and previous ethics instruction (direct effect only). (2) Corporate ethical culture, and a relatively strong firm rules-orientation, affect auditors'' idealism but not relativism, and therefore indirectly affect ethical judgments. Jones'' (1991) moral intensity argument is supported: differences in the characteristics of specific judgment tasks apparently result in different decision processes. (shrink)

This article examines the legal, economic, and ethical arguments supporting and opposing comparable worth. The co- authors advance opposing views on the wisdom of adopting comparable worth as a public policy, and those views are not reconciled within the limits of this essay.

"Annual General Meeting Members Lunch." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (202), pp. 17.

Using the writings of slaves and former slaves, as well as commentaries on slavery, Between Slavery and Freedom explores the American slave experience to gain a better understanding of six moral and political concepts—oppression, paternalism, resistance, political obligation, citizenship, and forgiveness. The authors use analytical philosophy as well as other disciplines to gain insight into the thinking of a group of people prevented from participating in the social/political discourse of their times. Between Slavery and Freedom rejects the notion that philosophers (...) need not consider individual experience because philosophy is "impartial" and "universal." A philosopher should also take account of matters that are essentially perspectival, such as the slave experience. McGary and Lawson demonstrate the contribution of all human experience, including slave experiences, to the quest for human knowledge and understanding. (shrink)

Untangling the Surrogacy WebSurrogacy agreements represent unique legal questions that must be answered with great care. In Australia we had the recent “Baby Gammy” scandal that involved an international surrogacy agreement and claims of abandonment of a child with Down’s syndrome. This story served to reinforce concerns that surrogacy turns children into a commodity that can be put to one side if expectations are not met. Of course, surrogacy agreements do not always end in this manner and often the outcome (...) is positive. There are, however, underlying legal questions regarding the status of the child, with some children, born as the result of international surrogacy agreements, being practically stateless when the nation of the commissioning parents refuses to issue passports to allow the children to return “home” with their “parents.” Where the relationship is local, however, and there is clear legislation, the issues can be less problematic but can become complex where a party wishes .. (shrink)

À la suite des récentes décisions légales reconnaissant plus de deux parents à certains enfants canadiens, nous nous demandons s’il existe des raisons morales pour limiter à deux le nombre de parents qu’un enfant peut avoir. Nous examinons quelques arguments traditionnels soutenant cette position et nous trouvons qu’ils ne suffisent pas pour la justifier. Nous présentons aussi un argument inspiré par le travail de Brighouse et Swift au sujet des bienfaits d’être parent, et nous montrons qu’il n’est pas assez fort (...) pour soutenir la nécessité de limiter à deux le nombre de parents. En terminant, nous suggérons quelques autres façons de séparer de façon positive l’idée de «parent» des notions traditionnelles. (shrink)