"Golf day 2005 @ federal golf club, red hill." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (196), pp. 7.

"End-Of-Law week drinkS @ ACT Magistrates Court: Friday 20 May 2005." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (198), pp. 24.

With the expansion of clientele’s demographics and international transactions, many law firms began to open doors to non-mainstreamers—minority lawyers to join the legal workforce. Decades have passed and the inequality in compensation between minority and non-minority attorneys is still one of the most controversial issues in the legal profession. Based on human capital and labor discrimination theory, we examine the productivity and compensation differences between minority attorneys and non-minority counterparts. The sample consists of 554 firm-year observations of the (...) 200 largest U.S law firms from 2013 to 2016. We use OLS with clustered standard errors by year. We find minority partners are more likely to provide relatively routine and template-based services, which do not command fee premium, which results in low productivity of minority partners. We find that minority partners are compensated less than their non-minority counterparts after controlling for productivity. This paper aids in the understanding of diversity in the workplace and the effect of diversity on a firms’ productivity and the type of services to provide. Also, this paper has implications on the compensation gap between minorities and their non-minority counterparts. (shrink)

With the expansion of clientele’s demographics and international transactions, many law firms began to open doors to non-mainstreamers—minority lawyers to join the legal workforce. Decades have passed and the inequality in compensation between minority and non-minority attorneys is still one of the most controversial issues in the legal profession. Based on human capital and labor discrimination theory, we examine the productivity and compensation differences between minority attorneys and non-minority counterparts. The sample consists of 554 firm-year observations of the (...) 200 largest U.S law firms from 2013 to 2016. We use OLS with clustered standard errors by year. We find minority partners are more likely to provide relatively routine and template-based services, which do not command fee premium, which results in low productivity of minority partners. We find that minority partners are compensated less than their non-minority counterparts after controlling for productivity. This paper aids in the understanding of diversity in the workplace and the effect of diversity on a firms’ productivity and the type of services to provide. Also, this paper has implications on the compensation gap between minorities and their non-minority counterparts. (shrink)

Dr Boyle is right in drawing attention to the apparent inconsistency between laws that allow a fetus in utero to be aborted at the mother’s will but give the law’s full protection to a newborn infant, perhaps of the same gestation as the aborted fetus. It makes no difference how disabled the infant is, or how poor the prognosis. The reason for the inconsistency is that the two stages of the infant’s development—before birth and after birth—are governed by different legal (...) principles.While a fetus is in utero, the applicable laws are the criminal law of abortion and the civil law of battery, which here focuses on the mother’s direction alone. As Dr Boyle says, the law on abortion in the UK—and also in Australia—enables an abortion to be lawfully performed if continuing the pregnancy would present a real risk to the mother’s life, or her physical and mental health; and, additionally, in some jurisdictions like the UK, for serious fetal abnormality: see Abortion Act 1967 ,1 which includes risks to “existing children” as well as to the mother.2 Recent changes to the criminal law in the Australian Capital Territory and Western Australia have gone further and abortion is now lawful in those jurisdictions, simply on the informed request of the mother.3In jurisdictions that do not have a specific provision allowing abortion on the grounds of fetal abnormality, doctors have inferred that having a child with a serious abnormality would constitute a threat to the mother’s life or health, again focussing on the mother. The concept of harm to the mother’s health has been interpreted by the courts to include harm during pregnancy and delivery and also after the birth.4 This might take account of difficulties in raising …. (shrink)

In today’s globalised economy, characterised by high capital mobility but largely domestic tax policy, individuals and corporations can pick and choose between different tax regimes. In Catching Capital: The Ethics of Tax Competition, Peter Dietsch offers a commanding analysis covering the moral assessment and an institutional solution to the problem of tax competition. This book will prove useful to political philosophers and legal theorists seeking a thorough approach to global justice that proceeds from real-world practice. And, more importantly, (...) it will also assist policymakers, lawyers and economists from fiscal policy sectors looking for a proposal that binds together the interdisciplinary theory and practice of tax competition. (shrink)

In its roughly 25 years of existence, the trial consulting profession has grown dramatically in membership, recognition, and breadth of practice. What began as a small activist group of social scientists volunteering their expertise to assist in the defense of Vietnam War protestors has evolved into a diverse set of professionals from a range of educational and professional backgrounds. In spite of such enormous growth, the work of trial consultants has gone largely unexamined. Trial Consulting takes an in-depth look at (...) the primary activities of trial consultants, including witness preparation, focus groups and mock trials, jury selection, change of venue surveys, and attorney presentation style. It also examines the profession's struggle to define itself, resisting certification and licensure requirements and settling instead for a set of practice standards. The authors draw upon empirical and other scholarly work in the social sciences, recommended "best practices" from trial lawyers, and the written and spoken recommendations and reflections of the trial consultants themselves. Addressing a broad spectrum of topics ranging from handwriting analysis to medical malpractice cases, they also suggest reforms for improving the profession and the efficacy of the trial consultant in the courtroom. The result is a critical analysis of what trial consulting truly adds to, and detracts from, the administration of justice. This book is an indispensable guide for practicing and aspiring trial consultants as well as the judges, attorneys, and psychologists who work with them. Trial Consulting provides a thought-provoking statement on the state of the profession, and students and professionals alike will benefit from the challenges it offers. (shrink)

Europe's position in the world is analyzed in relation to a specification of globalization into five global processes, whereby Europe stands out as the central node of global flows of trade and capital and as the region of uniquely high transnational entanglements, as an area of transnational normativity. The historical background and inter-relation of foreign trade and trans-polity law within Europe, both in early modern social theory and in post-Second World War institution-building, are highlighted, as well as the spread (...) of European law to other continents. The concepts of position, role, and identity should be distinguished. This historical and current position of Europe in the world is little expressed in the roles that contemporary European leaders want to play and in contemporary formulations of European heritage and identity. This is due partly to a nostalgic misjudgment by former great power politicians, but largely because of the delimited position of conventional trade and law in Europe, and of the actual but untheorized transformation of trading traditions into socially embedded trade and of the legal tradition into democratic international normativity. It is finally argued that these European practices of trade and law in fact correspond to many current critical views on global trade and global governance. (shrink)

State policy in the field of law enforcement during the Khrushchev's period wasn't a stabile. The first wave of changes was associated with the abolition of some legislative acts of the Stalinist period, a significant softening of punitive line, narrowing of the scope of capital punishment, empowerment convicted people etc. On the one hand, these steps are partially rehabilitating the Soviet law enforcement. On the other hand, government actions were unreasoned and populist, designed for quick political effect. The next (...) wave of change was due to the spread of the idea of the gradual withering away of the state in terms of building a communist society. As a consequence of this ideology was the reduction of employees in the field of law enforcement and attracting a variety of civic organizations, labor groups and citizens to fulfill a variety of law enforcement functions (voluntary civil police, civil judges, civil assistant investigator, civilian prosecutors, civil lawyers, etc.). And finally, the soviet leadership made steps in the field of law enforcement toward stricter penalties for serious crimes, as well as expanding the scope of the death penalty. The country's leadership was actively intervened in the work of law enforcement. Communist Party took control the law enforcement agencies due to the appointment to senior positions along party lines and managing work of party members through the party cell. One of the major controversies of the time was mixing the steps to improve of law enforcement sphere (increased attention to the frames, structural changes, strengthening analytical work in the study of crime statistics), with a desire to demonstrate the advantages of the socialist way of life (which was manifested in the silencing of certain criminal manifestations, artificially lowering their significance by reducing the liability on them, outright ignoring problems and their causes, etc.). Contradictions were observed in the conduct of state punitive line too. On the one hand, it was a significant step up from the Stalinist penal system by expanding the rights of prisoners, procedural rules, which led to a softening of the repressive pressure on the population. On the other hand, the state retained its attitude to dissent; applying the new forms social exclusion of dissidents, for example, applying to them the impact of psychiatric measures. These moments hampered consolidation of the new format of normative behavior in the minds of ordinary citizens, and gave rise to "double standards", the imbalance between what is declared and what actually happened. (shrink)

It has been claimed that to fully understand the law, one must know the language of normative texts and the relevant rules governing its use. It usually means that normative texts do not seem to be comprehensible enough to persons without formal legal training. In an on-going research project, we are focusing on the process of writing texts of legal regulations, conducting semi-structured interviews with those involved in drafting normative texts. In this paper, we focus on lawyers as a (...) speech community of legal language speakers and we discuss why and to what extent this speech community may be considered an elite in a society. We show that competent usage of special – legal – language in regulating the whole society may help create a special group of persons wielding an important segment of cultural capital: the knowledge of legal language, and, in consequence, competent knowledge of law. Given the fact that this language is used to exercise (legal) power in a society, lawyers appear to be in the advantageous position of an elite. We argue that those who draft new legal texts reproduce writing rules and customs, constantly re-creating legal language as a language mostly incomprehensible to a non-competent speaker, and, in consequence, creating lawyers as an elite speech community. (shrink)

The extent to which Latin was familiar to the inhabitants of late sixth- and early seventh-century Constantinople is a topic of current discussion and interest. While there is little evidence to suggest a significant knowledge of Latin even among the educated in the seventh century, it is clear that in the late sixth century the language was still familiar to a section of the upper classes. Among native easterners, the degree of this familiarity would certainly have varied considerably, from those (...) who could recognise a few words of Latin, through the lawyers, administrators and military men who had a specialised, professional knowledge, to the small proportion who could detect the Virgilian echoes in Corippus' panegyric of Justin II. Whether Paul the Silentiary, epigrammatist and panegyrist of the Emperor Justinian's church of S. Sophia, should be included in the small category who were acquainted with Latin literature is indeed a more far-reaching issue than that of the survival of Latin in the eastern capital, since it is an element in the larger problem of the extent to which late Greek poets knew and imitated the work of their Latin predecessors. The broad generalisations of the past no longer satisfy modern scholarship, which rightly demands rigorous scrutiny of the evidence for each individual author. (shrink)

Herbert Lionel Adolphus Hart was born in Yorkshire in 1907 to second generation Jewish immigrants. Having won a scholarship to Oxford University, he went on to become the most famous legal philosopher of the twentieth century. From 1932-40 H.L.A Hart practised as a barrister in London. He was pronounced physically unfit for military service in 1940, and was recruited by MI5, where he worked until 1945. During his time at the Bar he had continued to study philosophy and at M15 (...) his interest was further stimulated by his philosopher colleagues in M16, Stuart Hampshire and Gilbert Ryle. After the war, Hart returned to Oxford to take up a philosophy fellowship, later to become Professor of Jurisprudence. H.L.A Hart single-handedly reinvented the philosophy of law and influenced the nation's thinking in the 1960s on abortion, the legalization of homosexuality, and on capital punishment. Hart's approach to legal philosophy was at once disarmingly simple and breathtakingly ambitious, combining as it did the insights of Austin and Bentham and the new linguistic philosophy of J.L. Austin and Ludwig Wittgenstein. He sought to elucidate a concept of law which would be of relevance to all forms of law, wherever or whenever they arose: his bestselling book, The Concept of Law, has sold tens of thousands of copies worldwide. In 1941, he married Jenifer Williams (a high-ranking civil servant, later an Oxford academic) with whom he had four children. Their relationship was an enduring if unconventional one. In the early 1950s, Jenifer was rumoured to be having a long-standing affair with Isaiah Berlin, one of Hart's closest friends. She was also, falsely, accused by the Sunday Times of having been a Russian spy, an allegation which was all the more scandalous given Hart's position at MI5 during the War. Nicola Lacey draws on Hart's previously unpublished diaries and letters to reveal a complex inner life. Outwardly successful, Hart was in fact tormented by doubts about his intellectual abilities, his sexual identity and his capacity to form close relationships. Her biography also sheds fascinating light on the origins of his ideas, and assesses his overall contribution. Above all, it chronicles of a life which had a depth ands impact far greater than many of Hart's readers have realized. (shrink)

America the Philosophical is a wake-up call to the institutional practice of Philosophy in the United States. Romano's claim is twofold; an incisive critique of the narrow way in which academic Philosophy—Philosophy with a capital "P"—is currently practiced; and a celebration of the vast amount of philosophical (with a small "p") energy displayed in American culture. Romano, a philosopher, lawyer, journalist, literary critic, and Professor of Philosophy, is able to marshal a unique set of skills, experiences, and insights to (...) support his claim.America the Philosophical stands in a long line of compelling appeals to American Philosophy. Emerson's Divinity School Address represents a "first wave" of appeals for the .. (shrink)

The business community of Canada manifests questionable moral and ethical standards in its criticism of government spending, since it itself bears considerable responsibility for the increase in government spending and budget deficits. The contradiction arises from the failure of the business community to recognize the liberalization of society at large and the associated social responsibility for the well-being of its citizens; a well-being manifested in income maintenance programmes, in access to education and training, in health care, and others. The failure (...) to recognize such expectations is manifested in its failure to provide adequately for the retirement of its employees, for the health care of its employees, for laid-off and seperated employees, thereby shifting the burden to government. Further, it has failed to assume responsibility for the training and retraining of the workers it employs, including high-level workers trained specifically to its purposes in business schools. While expecting government to bear full financial responsibility for income maintenance, health, education and training, the business community makes every effort to deny government the revenues it needs to meet its obligations. The avoidance of tax payments stands high amongst business objectives, manifested in the employment of highly paid accountants and tax lawyers specifically for the purpose. Finally, in their criticism of government spending, business spokesmen deliberately fail to distinguish between consumption spending and capital investment spending, notwithstanding the significant contribution to the production infrastructure of the economy of government investment expenditures. If the capital expenditures were to be taken out of the government's budget, the deficit will decrease substantially. (shrink)

À partir de l’analyse des réseaux sociaux qui sous-tendent les réseaux industriels de la Silicon Valley, cette recherche montre que la nature des biens échangés et le degré d’interdépendance des acteurs économiques font de l’échange par le don le principe dominant d’échange dans les réseaux. Dans la Silicon Valley, les échanges d’information entre les capital-risqueurs, les juristes, les entrepreneurs, les dirigeants d’entreprises, les journalistes, les professeurs d’université... se font pour l’essentiel au sein de réseaux d’acteurs interdépendants et complémentaires qui (...) respectent implicitement les principes du don dans leurs échanges.From the analysis of the social networks underlying the industrial networks of Silicon Valley, this search points out that because of the nature of the exchanged goods and the degree of interdependence between the economic actors, the exchange by the gift is the principle rule of exchange in networks. In Silicon Valley, the exchanges of information between venture capitalists, lawyers, entrepreneurs, managers of large companies, journalists, professors... are done essentially within networks of interdependent and complementary actors who implicitly respect the rules of the gift exchange theory. (shrink)

This textbook looks at the main ethical questions that confront the criminal justice system - legislature, law enforcement, courts, and corrections - and those who work within that system, especially police officers, prosecutors, defence lawyers, judges, juries, and prison officers. John Kleinig sets the issues in the context of a liberal democratic society and its ethical and legislative underpinnings, and illustrates them with a wide and international range of real-life case studies. Topics covered include discretion, capital punishment, terrorism, (...) restorative justice, and re-entry. Kleinig's discussion is both philosophically acute and grounded in institutional realities, and will enable students to engage productively with the ethical questions which they encounter both now and in the future - whether as criminal justice professionals or as reflective citizens. (shrink)

MORALITY, JUSTICE AND THE LAW is a co-edited volume pulling together selections on theories of the moral underpinnings of law, morality and lawyering (including the religious lawyering movement), civil disobedience, capital punishment and immigration. The book was published by Prometheus Books in 2007.

Philosophers have never shied away from interrogating the nature of our obligations beyond borders. From Hobbes to the international lawyers Grotius, Pufendorf, Vattel, and of course Kant, modern philosophy has always attempted to define the nature and shape of a just international order, and the types of mutual obligations members of different political communities might share. In today's hyper-connected world, these issues are more important than ever and have been an impetus to a political theory with global scope and (...) aspirations. Global Political Theory offers a comprehensive and cutting-edge introduction to the moral aspects of global politics today. It addresses foundational aspects of global political theory such as the nature of human rights, the types of distributive obligations that we have toward distant others, the relationship between just war theory and global distributive justice, and the legitimacy of international law and global governance institutions. In addition, it features analyses of key applied moral debates in global politics, including the ethical aspects of climate change, the moral issues raised by the mobility of financial capital, the justness of different international trade regimes, and the implications of natural resource ownership for human welfare and democratic political rule. With contributions from leading scholars in the field, this accessible and lively book will be essential reading for students and teachers of political theory, philosophy and international relations. (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)

By promoting greater alignment between law and capital, litigation financing has the potential to further escalate the substantial restructuring that is occurring throughout the legal profession. This article examines regulation of the relationship between litigation funders and lawyers in three common law jurisdictions: the United Kingdom; the United States; and Australia, against the backdrop of a sea change in the way in which legal services are being delivered. It argues that a broad prescriptive approach rather than proscriptive prohibitions (...) are the best way to regulate the emerging relationship between law and capital. (shrink)

In the January 6, 1991, issue of theWashington Post Magazine, reporter Walt Harrington wrote a profile of Bryan Stevenson. Mr. Stevenson is a 31-year-old working-class African-American from Delaware who graduated from Harvard Law School and the Kennedy School of Government. Like the typical graduate of Harvard Law School, Mr. Stevenson had the opportunity to join the worlds of six-figure corporate law or high-visibility politics. Rather than follow his colleagues, however, Mr. Stevenson works seven-day, eighty-hour weeks as director of the Alabama (...) Capital Representation Center. He appeals death sentences, handling twenty-four death-row cases himself, supervises five other lawyers who cover about thirty cases, and raises federal government and foundation funding. He does this living a Spartan existence on a salary of $24,000, refusing even the $50,000 directorship salary offered to him. (shrink)

Marx was born in 1818, Engels in 1820, both in Germany. Marx's father was a lawyer, and he went to Bonn and Berlin universities, at first to study law, then philosophy (a flourishing subject in German universities at the time). Engels was not a university man. He went into business. From 1850 to 1870 he managed his family's firm's cotton mill in Manchester. Engels had first-hand knowledge of the English capitalists: he was one. After retiring from the cotton industry he (...) lived on in England. From 1849 Marx lived in England, supported by Engels. His political activities had got him into trouble in Germany and in other parts of Europe, and in the 19th century England received many political refugees. Marx worked in the British Museum studying the English economists and writing Capital. He corresponded constantly with Engels, and after Marx's death Engels edited volumes 2 and 3 of.. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:TWILIGHT OF THE VAMPIRES: HISTORY AND THE MYTH OF THE UNDEAD Matthew Kratter University ofCalifornia Berkeley "Whoever fights monsters should see to it that in the process he does not become a monster." (Nietzsche, Beyond Good andEvil, IV, 146) One ofthe most satisfying parts ofan extended engagement with the mimetic theory is the bird's-eye view of history that it affords one—that magnificently coherent panorama which stretches from proto-hominids through (...) the Passion to post-culture and the Apocalypse. The sheer scope of Girard's historical vision is also, admittedly, one ofthe more controversial aspects of his theory. As early as Violence and the Sacred (French, 1972; English trans., 1977), in a conscious revolt against the anti-Hegelian and anti-systematic temper of the times, Girard implied a historical telos for human culture that consists ofthe gradual replacement of sacrificial by non-sacrificial paradigms and praxes. With the publication of Things Hidden Since the Foundation ofthe World (1978; 1987) and The Scapegoat (1982; 1986), however, Girard appeared to step beyond the pale of polite (read, secularist) academic discourse by explicitly identifying the Christian Paraclete as the divine dynamo behind the historical process: "The Spirit is working in history to reveal what Jesus has already revealed, the mechanism ofthe scapegoat, the genesis of all mythology, the nonexistence of all gods of violence" (Scapegoat 207). More recently, in an essay on Satan (literally, "the accuser"), the contrasting role of the Paraclete (literally, "the lawyer for the defense") as a defender ofvictims is again emphasized: Matthew Kratter31 It is possible to read the history, first of the Christianized West, then ofthe Westernized planet, our modern history, as... a process of vindication and rehabilitation of more and more persecuted victims. New hidden victims of society are continuously being brought to light; the consensus against them always dissolves after a while. First it was slaves, then the lower classes, then people ofdifferent ethnic and religious backgrounds. Today the victimization of ethnic groups, of women, ofhandicapped people, ofthe very young and the very old, is coming to light. (GirardReader 208) Mostrecently, Girard's view ofhistory has become, ifanything, more unified, as (following Raymund Schwager) he has begun to emphasize the continuity between the sacrificial and the non-sacrificial (without, of course, trying to elide their differences). At a recent AAR/SBL conference in San Francisco (22 November 1997), Girard discussed the Eucharist as a recapitulation ofthe religious history of mankind, in which all previous forms of sacrifice are present (from cannibalism and "other-sacrifice" to the other end of the spectrum and "self-sacrifice"). Or phrased somewhat differently, the redemptive effects ofthe Passion radiate backwards and forwards in time— what Giuseppe Fornari implies when he refers to Christianity's "capacity to redeem the whole history ofman, summing up and surpassing all its sacrificial forms" (187). It may well prove that "Sacrifice" (with a capital "S") is the single most important and comprehensive word that we possess to describe our history. The central contention ofthis essay is that the phenomenon ofthe vampire offers itself as a privileged site for exploring this work of the Paraclete in history. The very processes of "bringing to light" and "exhuming victims," described by Girard above, are certainly metaphors appropriate to the twilit world ofthe vampire, in which the undead are always being dug up or exposed to die light. IfI maintain that, this late in the twentieth century, we are living in the "twilight ofthe vampires," the allusion to Wagner's Götterdämmerung and Nietzsche's Götzen-dämmerung is not accidental. The ambiguity ofthe German verb dämmern (which can mean "to grow dark" or "to grow light") captures all the paradoxes that surround the mythologizing, demythologizing, and remythologizing of the traditional figure ofthe vampire. I will explore these paradoxes in five successive moments (in the most archaic and traditional form taken by the vampire, then in a medieval persecution text, a late-Victorian novel, a German Expressionist film, and finally a series of 32Twilight ofthe Vampires contemporary popular novels) in order to demonstrate the various metamorphoses undergone by the vampire throughout a history which may be viewed as overseen by the Paraclete—and by a... (shrink)

Currently, most legal professions are not representative of the communities which they serve. They do not proportionally include diverse members of the community, nor ensure there are diverse practitioners represented in all areas of practice and at senior levels. This impacts on access to justice, a key premise of the law and legal system. One step to make the legal profession more diverse is for law schools to ensure that diverse law students are both admitted and enabled to succeed in (...) their law degrees. While transition to university by diverse students has been analysed over the last 20 years, there remains a disjunct, with students’ cultural capital not being recognised, and students being expected to assimilate into the university, rather than their law studies moulding around them. Using a theoretical model of ‘transition as becoming’, this article analyses first-year law students at Western Sydney University Australia and their responses to a reflection survey. The study identified three key factors which enhance diverse law students’ success: recognising the family, work and caring responsibilities of students; enhancing peer support; and making study expectations explicit. In this way, the curriculum can become a vehicle for ensuring successful transition to law study by diverse students. (shrink)

Prior studies in business ethics highlight the role of philanthropy in shaping stakeholders’ perceptions of a firm’s underlying moral tendencies and values. Scholars argue that philanthropy-based character inferences influence whether and how stakeholders engage with firms. We extend this line of reasoning to examine the impact of philanthropy on firms’ contracting costs in the capital market. We posit that philanthropy-based character inferences reduce investors’ agency concerns, thereby reducing firms’ cost of capital. We also posit that the strength of (...) the philanthropy–cost of capital relationship is contingent on uncertainty regarding a firm’s character, visibility of a firm, and prevailing philanthropic norms. We test and find support for our arguments in a longitudinal study of philanthropy and the cost of capital. Our findings have implications for business ethics research on corporate philanthropy and corporate social performance and for organizational research on social judgment. (shrink)

With the gradual deepening of environmental problems and the increase in consumer awareness of environmental protection, many enterprises have already begun to pay attention to green supply chain management. However, the price of green products is higher than that of nongreen products, which is an enormous challenge for many small- or medium-sized enterprises. To study the pricing and coordination of green supply chains under capital constraints, a model consisting of a manufacturer and a capital-constrained retailer is established; the (...) manufacturer invests in green products and provides a deferred payment contract. Setting the situation without capital constraints as a benchmark, this study explores the impact of the retailer’s capital constraints on the manufacturer’s product greenness design; an interesting result shows that deferred payment can help encourage the retailer to order more products and improve the profit of the manufacturer and the efficiency of the entire supply chain as well as the product’s greenness level simultaneously. However, the profit of the retailer will be hurt by the deferred payment contract. Therefore, to guarantee the profit of the entire channel and to make the two agents obtain a win-win outcome, a new two-way revenue-sharing contract is designed to coordinate the green supply chain. (shrink)

I argue in this article that responsible leadership (Maak and Pless, 2006) contributes to building social capital and ultimately to both a sustainable business and the common good. I show, first, that responsible leadership in a global stakeholder society is a relational and inherently moral phenomenon that cannot be captured in traditional dyadic leader–follower relationships (e.g., to subordinates) or by simply focusing on questions of leadership effectiveness. Business leaders have to deal with moral complexity resulting from a multitude of (...) stakeholder claims and have to build enduring and mutually beneficial relationships with all relevant stakeholders. I contend, second, that in doing so leaders bundle the energy of␣different constituencies and enable social capital building. Social capital can be understood as actual or potential resources inherent to more or less institutionalized relationships of mutual recognition (Bourdieu 1980). By drawing on network analysis I suggest, third, that responsible leaders weave durable relational structures and ultimately networks of relationships which are rich in ties to otherwise unconnected individuals or groups. Against this background I argue, fourth, that responsible leadership may result in the creation of value networks (Lord and Brown, 2001) of multiple stakeholders, which enhance social capital and thereby contribute to both a sustainable business and the common good. (shrink)

The concept of corporate social responsibility (CSR) has been widely investigated, but a generally accepted theoretical framework does not yet exist. This paper argues that the idiosyncrasies of large firms and SMEs explains the different approaches to CSR, and that the notion of social capital is a more useful way of understanding the CSR approach of SMEs, whereas stakeholder theory more closely addresses the CSR approach of large firms. Based on the extant literature, we present a comparison of large (...) firm and SME idiosyncrasies suggesting that both consolidated and emerging strategic orientations toward responsible behaviours exist. Idiosyncrasies of large firms and SMEs are also discussed to provide an assessment of the firm’s strategic CSR orientation, suggesting the key drivers upon which CSR strategies must be based. A twofold consideration emerges. First, the CSR–SME relationship could be better explained if the notion of social capital is taken into account, but this should also be accompanied by a stakeholder view of the SME; second, social capital and stakeholder theory should be taken as alternative ways of explaining CSR in both large firms and SMEs. (shrink)

The “new natural lawyers” (NNLs) are a prolific group of philosophers, theologians, and political theorists that includes John Finnis, Robert George, Patrick Lee, Gerard Bradley, and Germain Grisez, among others. These thinkers have devoted themselves to developing and defending a traditional sexual ethic according to which homosexual sexual acts are immoral per se and marriage ought to remain an exclusively heterosexual institution. The sterility objection holds that the NNLs are guilty of making an arbitrary and irrational distinction between same-sex (...) couples and sterile heterosexual couples. The NNLs believe that it is a necessary condition for two people’s being morally and legally entitled to get married that they be able to perform sexual acts that are “suited to procreating.” But sterile heterosexual couples are incapable of performing such acts. Therefore, it should follow from the NNLs’ own premises that sterile heterosexual couples are not entitled to marry. But the NNLs do not draw this conclusion. Instead, they maintain that sterile heterosexuals can marry while denying that the same is true of same-sex couples. The sterility objection claims the NNLs are being inconsistent in treating the two kinds of couples differently. Although the sterility objection has been endorsed by recent critics, I don’t think it has yet been adequately defended. The NNLs have responded by arguing that there is a sense in which the sex acts of sterile heterosexual couples are as suited to reproduction as those of fertile heterosexuals. Thus they maintain that the distinction they draw between the two kinds of couple has a rational basis. A successful defense of the sterility objection must show that this response on the part of the NNLs fails. Such is the task I undertake in this paper. I argue that the NNLs’ response fails because acts of penile-vaginal intercourse between sterile heterosexuals lack the actual causal power to produce conception that sexual acts need to be considered truly reproductive, and because their assumption that penile-vaginal intercourse always functions reproductively is bad biology. (shrink)

In this article, we contribute to sociological literatures on morality, professional and institutional contexts, and morally stigmatized ‘dirty work’ by emphasizing and exploring how they mutually inform one another in lawyers’ work activities. Drawing on interview data with 58 practitioners in the commercial legal industry in Singapore, we analyze how they experience professional and institutional constraints on the expressions of morality in their work. Our findings illustrate how a dominant managerial and economic focus maintains and reproduces a constrained form (...) of morality, limited to instrumental, utilitarian and commercial ends, and subordinated to lucrative client and firm interests. We discuss our findings in terms of the need to research and reform professions in ways that support more rounded and unconstrained moral reflexivity and autonomy in how work is undertaken and valued. This in turn has implications for how organizations and professions might achieve alternative moral institutional orders, and for legal work to avoid the moral and social taints of dirty work. (shrink)

Past research showed that the ability to focus on one’s internal states positively correlates with the self-regulation of behavior in situations that are accompanied by somatic and/or physiological changes, such as emotions, physical workload, and decision-making. The analysis of moral oriented decision-making can be the first step for better understanding the legal reasoning carried on by the main players in the field, as lawyers are. For this reason, this study investigated the influence of the decision context and interoceptive manipulation (...) on the moral decision-making process in the legal field gathering the responses of two groups of lawyers. A total of 20 lawyers were randomly divided into an experimental group, which was explicitly required to focus the attention on its interoceptive correlates, and a control group, which only received the general instruction to perform the task. Both groups underwent a modified version of the Ultimatum Game, where are presented three different moral conditions and three different offers. Results highlighted a significant increase of Acceptance Rate in those offers that should be considered more equal than fair or unfair ones, associated with a general increase of Reaction Times in the equal offers. Furthermore, the interoceptive manipulation oriented the Lawyers toward a more self-centered decision. This study shows how individual, situational, contextual, and interoceptive factors may influence the moral decision-making of lawyers. Future research in the so-called Neurolaw field is needed to replicate and expand current findings. (shrink)

How to make use of the leaders’ psychological capital to improve the innovation behavior of employees is an important issue for the talent management of enterprises today, and it is also the goal that enterprises must pursue if they want to stand out in the fierce competition. Therefore, in this study, 154 enterprises in high-tech area were selected for questionnaire survey. The correlation between lead-member exchange (LMX) relationship (emotion, loyalty, contribution, professional respect), leaders' psychological capital (confidence, hope, optimism, (...) tenacity), and employees' innovation behaviors were analyzed by multivariate regression. Hierarchical regression method was used to examine the mediating effect of the LEX. It was found that confidence, toughness, and contribution were significantly positively correlated with employee innovation behavior (P<0.000). The positive correlation between hope, optimism, emotion, and loyalty with employees' innovation behavior was significant (P<0.05). Emotion, loyalty, and contribution had mediating effects on the leaders’ psychological capital and the innovation behavior of employees. In conclusion, the leaders’ psychological capital can have a significant positive effect on the innovation behavior of employees directly, and it can also have an indirect positive effect on the innovation behavior of employees by maintaining high quality LMX. (shrink)

Ecological economics is an interdisciplinary science that is primarily concerned with developing interventions to achieve sustainable ecological and economic systems. While ecological economists have, over the last few decades, made various empirical, theoretical, and conceptual advancements, there is one concept in particular that remains subject to confusion: critical natural capital. While critical natural capital denotes parts of the environment that are essential for the continued existence of our species, the meaning of terms commonly associated with this concept, such (...) as ‘non-substitutable’ and ‘impossible to substitute,’ require a clearer formulation then they tend to receive. With the help of equations and graphs, this article develops new definite account of critical natural capital that makes explicit what it means for objective environmental conditions to be essential for continued existence. The second main part of this article turns to the question of formally modeling the priority of conserving critical natural capital. While some ecological economists have maintained that, beyond a certain threshold, critical natural capital possesses absolute infinite value, absolute infinite utility models encounter significant problems. This article shows that a relative infinite utility model provides a better way to model the priority of conserving critical natural capital. (shrink)

The 21st century is characterized by an unpredictable and challenging work environment, and the Intrapreneurial Self-Capital (ISC) career and life construct can be seen as a core of individual intrapreneurial resources that enables people to cope with ongoing challenges, changes, and transitions founding innovative solutions when confronted with the constraints imposed by such an environment. The ISC is a challenging construct since it can enhance behavior and attitudes through specific training, unlike personality traits, which are considered substantially stable in (...) the literature. Against this background, the present study examined the relationship between ISC and well-being (hedonic well-being and eudaimonic well-being) controlling for the effects of personality traits. The Big Five Questionnaire (BFQ), the Intrapreneurial Self-Capital Scale (ISCS), the Satisfaction With Life Scale (SWLS), and the Flourishing Scale (FS) were administered to 258 Italian workers. Hierarchical regression analyses showed that ISC explained a percentage of incremental variance beyond that explained by personality traits in relation to both life satisfaction and flourishing. These results indicate that ISC is a key resource for hedonic well-being and eudaimonic well-being and that it offers new research and intervention opportunities. (shrink)