Alternative dispute resolution occurs outside the litigation process. The alternative dispute resolution (ADR) movement in North America has emphasized viable alternatives to the litigation framework, such as arbitration, mediation, med-arb, multi-party facilitation, non-legal negotiation, mini-trials, administrative hearings, private judging (“renta-judge”), fact finding, and moderated settlement conferences. This essay addresses argument in the dominant alternatives: arbitration, mediation, and multi-party facilitation. Prior to comparing argument in these ADR systems, each will be briefly described.

ABSTRACT:U.S. Organizational Sentencing Guidelines provide firms with incentives to develop formal ethics programs to promote ethical organizational cultures and thereby decrease corporate offenses. Yet critics argue such programs are cosmetic. Here we studied bank employees before and after the introduction of formal ethics training—an important component of formal ethics programs—to examine the effects of training on ethical organizational culture. Two years after a single training session, we find sustained, positive effects on indicators of an ethical organizational culture (observed unethical behavior, (...) intentions to behave ethically, perceptions of organizational efficacy in managing ethics, and the firm’s normative structure). While espoused organizational values also rose in importance post-training, the boost dissipated after the second year which suggests perceptions of values are not driving sustained behavioral improvements. This finding conflicts with past theory which asserts that enduring behavioral improvements arise from the inculcation of organizational values. Implications for future research are discussed. (shrink)

Irish philosopher George Bishop Berkeley was one of the greatest philosophers of the early modern period. Along with David Hume and John Locke he is considered one of the fathers of British Empiricism. Berkeley is a clear, concise, and sympathetic introduction to George Berkeley’s philosophy, and a thorough review of his most important texts. Daniel E. Flage explores his works on vision, metaphysics, morality, and economics in an attempt to develop a philosophically plausible interpretation of Berkeley’s oeuvre as whole. (...) Many scholars blur the rejection of material substance with the claim that only minds and things dependent upon minds exist. However Flage shows how, by distinguishing idealism from immaterialism and arguing that Berkeley’s account of what there is is dependent upon what is known, a careful and plausible philosophy emerges. The author sets out the implications of this valuable insight for Berkeley’s moral and economic works, showing how they are a natural outgrowth of his metaphysics, casting new light on the appreciation of these and other lesser-known areas of Berkeley’s thought. Daniel E. Flage’s Berkeley presents the student and general reader with a clear and eminently readable introduction to Berkeley’s works which also challenges standard interpretations of Berkeley’s philosophy. (shrink)

While e-commerce has grown rapidly in recent years, some of the practices associated with certain aspects of marketing on the Internet, such as pop-ups, cookies, and spam, have raised concerns on the part of Internet users. In this paper I examine the nature of these practices and what I take to be the underlying source of this concern. I argue that the ethical issues surrounding these Internet marketing techniques move us beyond the traditional treatment of the ethics of marketing and (...) advertising found in discussions of business ethics previously. Rather, I show that the questions they raise ultimately turn upon questions of technique and the ways in which technologies can transform the fundamental means by which relationships are established and maintained within a social environment. I then argue that the techniques of e-commerce are indeed transforming the means by which businesses relate to consumers, and that this transformation is affecting the applicability of our previous ways of demarcating the imperatives determining the limits of accessibility between consumers and businesses. Properly addressing the ethical status of the techniques of e-marketing as such necessarily moves us to consider the changes that Internet commerce are having upon the norms that govern individuals in their relations with others. (shrink)

Research on the normative aspect of leadership is still a relatively new enterprise within the mainstream of leadership studies. In the past, most academic inquiry into leadership was grounded in a social scientific paradigm that largely ignored the ethical substance of leadership. However, perhaps because of a number of public and infamous cases of failure in business leadership, in recent years there has been renewed interest in the ethical side of leadership in business. This paper argues that ethical issues of (...) leadership actually arise at number of different levels, and that it is important to distinguish between various diverse kinds of ethical issues that arise in the study of leadership. The three levels identified are the level of the individual morality of leaders, the level of the means of their leadership, and the level of the leadership mission itself. We argue that only by fully understanding all of the different levels of ethical analysis pertinent to business leadership, and the distinctive kind of issues that arise at each level, can we fully integrate normative studies of leadership into the field of leadership studies. As such, this paper offers a model that incorporates three different levels of ethical analysis that can be used to study normative issues in leadership studies. Such a model can be used to better understand and integrate ethical issues into research, teaching, and training in leadership. (shrink)

Plagiarism is increasingly evident in business and academia. Though links between demographic, personality, and situational factors have been found, previous research has not used actual plagiarism behavior as a criterion variable. Previous research on academic dishonesty has consistently used self-report measures to establish prevalence of dishonest behavior. In this study we use actual plagiarism behavior to establish its prevalence, as well as relationships between integrity-related personal selection and workplace deviance measures. This research covers new ground in two respects: (a) That (...) the academic dishonesty literature is subject to revision using criterion variables to avoid self bias and social desirability issues and (b) we establish the relationship between actual academic dishonesty and potential workplace deviance/white-collar crime. (shrink)

We present two studies that examine the effects of guanxi on multiple social groups from the perspective of Chinese business people. Study 1 (N = 203) tests the difference in perceived effects of six guanxi contextualizations. Study 2 (N = 195) examines the duality of guanxi as either helpful or harmful to social groups, depending on the contextualization. Findings suggest guanxi may result in positive as well as negative outcomes for focal actors and the aggregate.

Recent corporate social initiatives (CSIs) have garnered criticisms from a wide range of audiences due to perceived inconsistencies. Some critics use the label “woke” when CSIs are perceived as inconsistent with the firm’s purpose. Other critics use the label “woke washing” when CSIs are perceived as inconsistent with the firm’s practices or values. I will argue that this derogatory use of woke is stigmatizing, leads to claims of hypocrisy, and can cause stakeholder backlash. I connect this process to our own (...) field by considering inconsistencies in our organizations and in our teaching that could garner similar criticisms. After describing the stigmatization process, I consider the moral implications of inconsistencies for CSIs and draw parallels to our field. I end by suggesting next steps for our field in response to the stigmatization of CSIs and to guard against the stigmatization of our own work. (shrink)

This essay responds to Hasnas’s recent article “The Normative Theories of Business Ethics: A Guide for the Perplexed” in Business Ethics Quarterly. Hasnas claims that the stockholder theory is more plausible than commonly supposed and that the stakeholder theory is prone to significant difficulties. I argue that Hasnas’s reasons for favoring the stockholder over the stakeholder theory are not asstrong as he suggests. Following Hasnas, I examine both theories in light of two sets of normative considerations: utilitarian anddeontological. First, I (...) show that utilitarian considerations clearly favor the stakeholder theory. I then argue that though Hasnas rightly accents the basic deontological constraint at the core of the stockholder theory, he is wrong to think that acknowledging such a constraint necessarily counts against the stakeholder theory. Here, I develop Ross’s notion of prima facie obligations to show how a viable stakeholder theory might be developed within a deontological framework. (shrink)

Symbolic healing, that is, responding to meaningful experiences in positive ways, can facilitate human healing. This process partly engages consciousness and partly evades consciousness completely (sometimes it partakes of both simultaneously). This paper, presented as the Society for the Anthropology of Consciousness Distinguished Lecture at the 2011 AAA meeting in Montreal, reviews recent research on what is ordinarily (and unfortunately) called the “placebo effect.” The author makes the argument that language use should change, and the relevant portions of what is (...) often called the placebo effect should be referred to as the “meaning response.”. (shrink)

ABSTRACT:U.S. Organizational Sentencing Guidelines provide firms with incentives to develop formal ethics programs to promote ethical organizational cultures and thereby decrease corporate offenses. Yet critics argue such programs are cosmetic. Here we studied bank employees before and after the introduction of formal ethics training—an important component of formal ethics programs—to examine the effects of training on ethical organizational culture. Two years after a single training session, we find sustained, positive effects on indicators of an ethical organizational culture (observed unethical behavior, (...) intentions to behave ethically, perceptions of organizational efficacy in managing ethics, and the firm’s normative structure). While espoused organizational values also rose in importance post-training, the boost dissipated after the second year which suggests perceptions of values are not driving sustained behavioral improvements. This finding conflicts with past theory which asserts that enduring behavioral improvements arise from the inculcation of organizational values. Implications for future research are discussed. (shrink)

It is often assumed that engaging in a one‐on‐one dialogue with a tutor is more effective than listening to a lecture or reading a text. Although earlier experiments have not always supported this hypothesis, this may be due in part to allowing the tutors to cover different content than the noninteractive instruction. In 7 experiments, we tested the interaction hypothesis under the constraint that (a) all students covered the same content during instruction, (b) the task domain was qualitative physics, (c) (...) the instruction was in natural language as opposed to mathematical or other formal languages, and (d) the instruction conformed with a widely observed pattern in human tutoring: Graesser, Person, and Magliano's 5‐step frame. In the experiments, we compared 2 kinds of human tutoring (spoken and computer mediated) with 2 kinds of natural‐language‐based computer tutoring (Why2‐Atlas and Why2‐AutoTutor) and 3 control conditions that involved studying texts. The results depended on whether the students' preparation matched the content of the instruction. When novices (students who had not taken college physics) studied content that was written for intermediates (students who had taken college physics), then tutorial dialogue was reliably more beneficial than less interactive instruction, with large effect sizes. When novices studied material written for novices or intermediates studied material written for intermediates, then tutorial dialogue was not reliably more effective than the text‐based control conditions. (shrink)

In Freedom vs. Intervention, Daniel E. Lee addresses questions around such controversial issues as abortion, legalization of physician-assisted suicide and recreational use of marijuana, and the right to refuse medical treatment, taking an innovative approach by applying traditional just war criteria to questions of intervention.

I apply stigma-management strategies to corporate scandals and expand on past research by (a) describing a particular type ofstigma management strategy that involves accepting responsibility while denying it, (b) delineating types of stigma that occur in scandals (demographic versus character), and (c) considering the moral implications of shifting stigmas that arise from scandals. By emphasizing the distinction between character and demographic stigma, I make progress in evaluating the moral implications of shifting different types of stigma.

I apply stigma-management strategies to corporate scandals and expand on past research by (a) describing a particular type ofstigma management strategy that involves accepting responsibility while denying it, (b) delineating types of stigma that occur in scandals (demographic versus character), and (c) considering the moral implications of shifting stigmas that arise from scandals. By emphasizing the distinction between character and demographic stigma, I make progress in evaluating the moral implications of shifting different types of stigma.

In Section 38 of the Theory of Vision Vindicated, George Berkeley claims that he had used the method of analysis throughout the Theory of Vision. What does that mean? I first show that "analysis" denoted a fairly well-defined method in the early modern period: it was regularly described as a method of discovery. Then I show that the discussion of distance perception in the Theory of Vision exemplifies the method of analysis and may be seen as a modification of a (...) non-geometrical account of distance vision in Rene Descartes' Optics. (shrink)

IT IS ARGUED THAT DESCARTES DREW A METHODOLOGICAL DISTINCTION BETWEEN THE ORDER IN WHICH ONE ENTERTAINS PROPOSITIONS AND THE ORDER OF EPISTEMIC PRIMACY. RECOGNIZING THIS RECONCILES ANY "PRIMA FACIE" INCONSISTENCIES AMONG THE "COGITO" PASSAGES, MOST NOTABLY, THOSE BETWEEN THE "COGITO" PASSAGES IN THE "PRINCIPLES OF PHILOSOPHY" AND THE "SECOND REPLIES".

In this new interpretation of Rousseau's political thought, Daniel E. Cullen demonstrates that the concept of freedom is fundamental to the complex unity of Rousseau's work. He shows that the pervasive tension in Rousseau's thought between freedom and order, legitimacy and reliability can be explained as an effort to attune the political to the natural condition and to reestablish a condition of independence in political and social circumstances. Cullen's argument bears important implications for those who currently seek to bolster (...) the case for participatory democracy by appealing to Rousseauian assumptions and conclusions. Cullen's aim is to clarify some of the issues that divide liberals from communitarians and constitutionalists from participatory democrats in the current debate about freedom, rights, morality, and politics in America. In affirming Rousseau's fundamental philosophical agreement with liberals concerning human nature and with conservatives concerning the character of a good society, Cullen suggests that Rousseau has offered perhaps the only possible theoretical resolution of the tension implicit in democratic freedom. In light of what Rousseau calls for in order to bring about this resolution, however, Cullen wonders whether the time has come to rethink fundamental questions about human nature and citizenship that underlie contemporary problems of political theory. Freedom in Rousseau's Political Philosophy will be of interest to scholars and students of the history of political thought and contemporary democratic theory. (shrink)

Plagiarism is increasingly evident in business and academia. Though links between demographic, personality, and situational factors have been found, previous research has not used actual plagiarism behavior as a criterion variable. Previous research on academic dishonesty has consistently used self-report measures to establish prevalence of dishonest behavior. In this study we use actual plagiarism behavior to establish its prevalence, as well as relationships between integrity-related personal selection and workplace deviance measures. This research covers new ground in two respects: (a) That (...) the academic dishonesty literature is subject to revision using criterion variables to avoid self bias and social desirability issues and (b) we establish the relationship between actual academic dishonesty and potential workplace deviance/white-collar crime. (shrink)

This collaborative publication offers salient instructional models, methods, and modalities centered on the whole person.

ABSTRACT:While tone at the top is widely regarded as an important predictor of ethical behavior in organizations, we argue that recent research overlooks the various conflicting ethical tones present in many multi-organizational work settings. Further, we propose that the resolution processes promulgated in many firms and professional associations to reconcile this conflict reinforce the tone at the bottom or a tone at the top of the employee’s organization, and that both of these approaches can conflict with the tone at the (...) top of other important organizations such as professional and regulatory organizations. Here we adapt Integrative Social Contract Theory’s priority rules to propose a multi-tone reconciliation process which prioritizes conflicting ethical tones based upon features of the organization and the effects on society. Using three contextualizations, we demonstrate the effectiveness of the multi-tone reconciliation process over current processes. We conclude with recommendations for future research and implications for practice. (shrink)

This essay responds to Hasnas’s recent article “The Normative Theories of Business Ethics: A Guide for the Perplexed” in Business Ethics Quarterly. Hasnas claims that the stockholder theory is more plausible than commonly supposed and that the stakeholder theory is prone to significant difficulties. I argue that Hasnas’s reasons for favoring the stockholder over the stakeholder theory are not asstrong as he suggests. Following Hasnas, I examine both theories in light of two sets of normative considerations: utilitarian anddeontological. First, I (...) show that utilitarian considerations clearly favor the stakeholder theory. I then argue that though Hasnas rightly accents the basic deontological constraint at the core of the stockholder theory, he is wrong to think that acknowledging such a constraint necessarily counts against the stakeholder theory. Here, I develop Ross’s notion of prima facie obligations to show how a viable stakeholder theory might be developed within a deontological framework. (shrink)

The exact sectarian affiliation of Shahrastānī has long been a matter of serious debate. Was he possibly an adherent of the Ismaili cause? Considerable recent scholarship purports to establish a connection. The evidence consists of some off-handed remarks by his own contemporaries; what he himself has to say about the Ismailis in his Kitāb al-Milal wa-l-niḥal; and finally, a set of doctrines or analytical categories he uses in his later writings that were later adopted by Nizari Ismailis. However, an impartial (...) look at the evidence does not support the claim that Shahrastānī was himself in any significant way an Ismaili. (shrink)

A crisis of values underlies the economic uncertainty and anxiety about the future of the United States. The author of this book observes the shift of emphasis from productivity to consumption, from contribution to entitlement, and from long-term investment to short-term gain.

We explore an application of homological algebra to set theoretic objects by developing a cohomology theory for Hausdorff gaps. This leads to a natural equivalence notion for gaps about which we answer questions by constructing many simultaneous gaps. The first result is proved in ZFC while new combinatorial hypotheses generalizing ♣ are introduced to prove the second result. The cohomology theory is introduced with enough generality to be applicable to other questions in set theory. Additionally, the notion of an incollapsible (...) gap is introduced and the existence of such a gap is shown to be independent of ZFC. (shrink)

Sketched in somewhat general terms, there are two basic ways of going about teaching ethics: the moral indoctrination approach, which is essentially a rote learning exercise; and the moral engagement approach, which emphasizes listening to others in an open-minded manner and coming to carefully considered conclusions only after thoughtful reflection about differing views concerning matters of controversy. For reasons both practical and philosophical, the second approach, which emphasizes the development of critical thinking skills, is vastly preferable. If the moral engagement (...) approach is to work, however, it is essential that academic freedom for students in the classroom be ensured, for developing critical thinking skills is not possible if there is not freedom to think.The professor has the primary responsibility for maintaining a classroom environment in which students are comfortable giving expression to their views and for assisting students in the development of their critical thinking skills. (shrink)

According to various reports, human rights violations in China include the detention of activists, forced abortions and sterilizations, and the repression of religious and spiritual groups, among others. Yet foreign direct investment in China is growing rapidly, as is outsourcing to Chinese producers. By adapting the Sullivan Principles to China, this essay maps out ethical guidelines for U.S. companies operating in China.

Human Rights and the Ethics of Globalization provides a balanced, thoughtful discussion of the globalization of the economy and the ethical considerations inherent in the many changes it has prompted. The book's introduction maps out the philosophical foundations for constructing an ethic of globalization, taking into account both traditional and contemporary sources. These ideals are applied to four specific test cases: the ethics of investing in China, the case study of the Firestone company's presence in Liberia, free-trade and fair-trade issues (...) pertaining to the coffee trade with Ethiopia and the use of low-wage factories in Mexico to serve the US market. The book concludes with a comprehensive discussion of how to enforce global compliance with basic human rights standards, with particular attention to stopping abuses by multinational corporations through litigation under the Alien Tort Claims Act. (shrink)

Naïve realism is the view according to which perception is a non-representational relation of conscious awareness to mind-independent objects and properties. According to this approach, the phenomenal character of experience is constituted by just the objects, properties, or facts presented to the senses. In this article, I argue that such a conception of the phenomenology of experience faces a clear counter-example, i.e., the experience of seeing aspects. The discussion suggests that, to accommodating such a kind of experience, it must be (...) acknowledged that perception is, at least in part, representational. (shrink)

Rankings of countries by perceived corruption have emerged over the past decade as leading indicators of governance and development. Designed to highlight countries that are known to be corrupt, their objective is to encourage transparency and good governance. High rankings on corruption, it is argued, will serve as a strong incentive for reform. The practice of ranking and labeling countries "corrupt," however, may have a perverse effect. Consistent with Social Labeling Theory, we argue that perceptual indices can encourage the loss (...) of needed investment and, thus, contribute to higher rates of corruption within unfavorably ranked countries. In effect, corruption indices may inhibit foreign direct investment, the effect of which is to encourage the status quo in terms of corruption ranking. Using an experimental study design, we test the effects of country corruption rankings on the assessment of country investment desirability and find ranking exposure causes shifts in country investment desirability for 10 of 12 countries studied. These findings suggest that corruption rankings, which are based on perceptions of corruption, may cause country isolation and a reduction in legitimate means of investment. (shrink)