Results for 'Judicial ethics'

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  1.  2
    Arkansas Professional and Judicial Ethics.Howard W. Brill - 1991 - M & M Press.
    Preface to the Seventh Edition Since the first edition of this work in 1986, enormous changes have occurred in professional ethics in Arkansas: the ...
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  2. The Responsible Judge: Readings in Judicial Ethics.John Thomas Noonan & Kenneth I. Winston (eds.) - 1993 - Praeger.
  3. Applied Judicial Ethics.Pierre Noreau - 2008 - Wilson & Lafleur.
  4. Governmental and Judicial Ethics in the Bible and Rabbinic Literature.James Eugene Priest - 1980 - Ktav Pub. House.
     
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  5.  23
    The Past, Present ... And Future(?) of Judicial Ethics Education in Canada.Richard Devlin, C. Adele Kent & Susan Lightstone - 2013 - Legal Ethics 16 (1):1-35.
    In this paper the authors present a description and reflective analysis of an underdeveloped aspect of legal ethics education: judicial ethics. Part I provides an introduction to Canada's National Judicial Institute and its early attempts to design and deliver judicial ethics education programmes. Part II then suggests that in the last few years a second generation of judicial ethics education has emerged, generating a more systemic and contextually sophisticated pedagogical agenda. Finally, in (...)
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  6. Outline of Remedial Law and Legal & Judicial Ethics.Jose N. Nolledo - 1969 - Manila, Rex Book Store.
     
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  7.  8
    China: A Manual to Teach the Art of Declining Bribery Offers-A Local Attempt to Strengthen Judicial Ethics.Richard Wu - 2013 - Legal Ethics 16 (1):230-231.
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  8.  8
    Strengthening Judicial Ethics in ChinaThe New Principles and Regulation: Correspondent's Report From China.Richard Wu - 2011 - Legal Ethics 14 (1):135-137.
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  9.  2
    Local Efforts to Improve Lawyers and Judicial Ethics in China - a Tale of Three Cities: 'Correspondent's Report From' China.Richard Wu - 2010 - Legal Ethics 13 (2):225.
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  10.  3
    Basic Structure of Judicial Ethics, Exemplified From the Netherlands, A.Leny E. De Groot-Van Leeuwen - 2003 - Legal Ethics 6:34.
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  11. Judicial Ethics in England.Stephen Sedley - 2003 - Legal Ethics 6 (1):29-33.
     
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  12.  2
    Imposing Liabilities on Judges for Wrong Decisions-Judicial Ethics with Chinese Characteristics?: Correspondent's Report From China.Richard Wu - 2012 - Legal Ethics 15 (2):395.
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  13.  1
    Judicial Ethics-a Crisis in the Developing Countries of Asia.Austin Ignatius Pulle - 2007 - Australian Journal of Professional and Applied Ethics 9 (2):10.
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  14. Lessons in Legal and Judicial Ethics From Schiavo: The Special Responsibilities of Lawyers and Judges in Cases Involving Persons with Severe Cognitive Disabilities.Robert Destro - 2007 - In Charles A. Erin & Suzanne Ost (eds.), The Criminal Justice System and Health Care. Oxford University Press.
  15. How Many Chief Justices? Judicial Appointments and Ethics in Queensland.Reid Mortensen - 2017 - Legal Ethics 20 (1):64-88.
    Australia has recently experienced what many regard as its greatest judicial crisis. The appointment of Timothy Carmody QC as Chief Justice of Queensland in 2014 emerged from a process that was tainted by the state government’s willingness to break confidences gained in the course of consultation for the appointment. Equally, a strongly negative and heterodox reaction to the appointment by the whole Queensland Supreme Court bench meant that, together, politicians and judges brought on a collapse of the traditional (...) surrounding judicial appointments. Nevertheless, the extreme circumstances of the Carmody affair suggest that, where judges have a legitimate concern that a judicial appointment might put a fundamental constitutional value like judicial independence at risk, a court may be justified in publically expressing concern about the appointment. (shrink)
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  16. The Achilles Heel of the Canadian Judiciary: The Ethics of Judicial Appointments in Canada.Richard Devlin & Adam Dodek - 2017 - Legal Ethics 20 (1):43-63.
    Although the Canadian legal system has many virtues, it has at least one major weakness – its judicial appointments and promotion systems. The paper begins by identifying six key values that need to be considered in order to assess the legitimacy of a judicial appointments process – independence, impartiality, representativeness, transparency, accountability and efficiency. In the following sections, through the use of three case studies of appointments to the Supreme Court of Canada, the superior courts of Nova Scotia (...)
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  17. A Loss of Judgment: The Dismissal of the Judicial Conscience in Recent Christian Ethics.Morgan Jeffrey - 2017 - Journal of Religious Ethics 45 (3):539-561.
    Christian ethicists have neglected conscience, understood as an individual's moral self-awareness before a locus of accountability and judgment, over the last few decades. The aim of this essay is to suggest how this neglect came about. I draw on the work of Paul Lehmann and Oliver O'Donovan to illustrate how ethicists in the twentieth century became suspicious of conscience because of its association with the alleged ahistorical individualism of Immanuel Kant's work. I argue that a social-historicist conception of conscience, such (...)
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  18.  1
    Special Issue: The Ethics of Judicial Appointments.Reid Mortensen & Richard Devlin - 2017 - Legal Ethics 20 (1):1-3.
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  19.  9
    Two Recent Developments in Judicial and Lawyers' Ethics: Correspondent's Report From China.Richard Wu - 2010 - Legal Ethics 13 (1):101-103.
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  20. Ethics in Practice Correspondents' Reports Canada: Sex on the Internet and Fitness for Judicial Office.Adam Dodek - 2010 - Legal Ethics 13 (2):215.
     
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  21.  17
    Limits of Legality: The Ethics of Lawless Judging.Jeffrey Brand-Ballard - 2010 - Oxford University Press.
    Introduction -- Practical reasons and judicial use of force -- Deviating from legal standards -- The legal duties of judges -- The normative classification of legal results -- Reasons to deviate -- Adherence rules -- Obeying adherence rules -- The judicial oath -- Legal duty and political obligation -- Systemic effects -- Agent-relative principles -- Optimal adherence rules -- Guidance rules -- Treating like cases alike -- Implementation -- Theoretical implications -- Conclusion.
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  22.  24
    Modern Legal Theory and Judicial Impartiality.Ofer Raban - 2003 - Glasshouse Press.
    This new book argues that at the core of legal philosophy’s principal debates there is essentially one issue judicial impartiality. Keeping this issue to the forefront,Raban’s approach sheds much light on many difficult and seemingly perplexing jurisprudential debates. Modern Legal Theory and Judicial Impartiality.
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  23. Courts, Litigants and the Digital Age: Law, Ethics and Practice.Karen Eltis - 2012 - Irwin Law.
     
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  24.  88
    Business Ethics – Deontologically Revisited.Edwin R. Micewski & Carmelita Troy - 2007 - Journal of Business Ethics 72 (1):17-25.
    In this paper we look at business ethics from a deontological perspective. We address the theory of ethical decision-making and deontological ethics for business executives and explore the concept of “moral duty” as transcending mere gain and profit maximization. Two real-world cases that focus on accounting fraud as the ethical conception. Through these cases, we show that while accounting fraud – from a consequentialist perspective – may appear to provide a quick solution to a pressing problem, longer term (...)
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  25.  11
    Bhopal and Engineering Ethics in Advance.Christopher Pariso - forthcoming - Business and Professional Ethics Journal 35 (1).
    In this paper, I will provide a picture of the Bhopal disaster from an engineering ethics perspective. I find that the individual engineers involved in Bhopal acted ethically, for the most part, but that these actions failed to prevent the disaster for structural reasons. Nonetheless, there is no single level of analysis at which the problems that caused the Bhopal incident can be solved. Rather, a coordinated attempt must be made to change how individual engineers conceive of their work, (...)
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  26.  59
    The Oxford Handbook of Practical Ethics.Hugh LaFollette (ed.) - 2003 - Oxford University Press.
    The Oxford Handbook of Practical Ethics is a lively and authoritative guide to current thought about ethical issues in all areas of human activity--personal, medical, sexual, social, political, judicial, and international, from the natural world to the world of business. Twenty-eight topics are covered in specially written surveys by leading figures in their fields: each gives an authoritative map of the ethical terrain, explaining how the debate has developed in recent years, engaging critically with the most notable work (...)
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  27. Ethics of the Legal Profession: A New Order.Fred Phillips - 2004 - Cavendish.
    In countries outside the developed world, although writers have written commentaries on specific legal codes, very little attention has been given to legal writing which has focused specifically on the ethics of the legal profession. This book makes a special contribution in that regard providing, as it does, a comparative study of prevailing efforts to enhance ethical standards in a profession potentially in crisis and under much public scrutiny. Countries which have been examined include the UK, the US, Canada, (...)
     
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  28.  15
    Commentary: The Ethics of Dangerous Discovery.Michael J. Selgelid - 2006 - Cambridge Quarterly of Healthcare Ethics 15 (4):444-447.
    The American Medical Association's Council on Ethical and Judicial Affairs' new “Guidelines to Prevent the Malevolent Use of Biomedical Research” are both timely and appropriate. These guidelines are a product of the increasing realization of the “dual use” potential of life science discoveries. Although biomedical research usually aims at the development of new medicines, vaccines, diagnostics, and so on, the very same discoveries that could benefit humankind in these ways also often have implications for the development of biological weapons. (...)
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  29.  15
    Ethics and Management Style.Martha A. Brown - 1984 - Journal of Business Ethics 3 (3):207 - 214.
    If a manager is evangelical, does it color the style he uses in his relationship with his subordinates? The paper sketches briefly the two familiar, historical ethical positions... the Protestant ethic and humanism and relates them to two styles of management. Then it points up the recent healthy growth of the evangelical movement, and the basic beliefs of evangelicals; then relates elements of these beliefs to the manager. A comparison of the three management ethics (Protestant, humanist, and evangelical) suggests (...)
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  30.  3
    Should Local Research Ethics Committees Monitor Research They Have Approved?E. Pickworth - 2000 - Journal of Medical Ethics 26 (5):330-333.
    The function of local research ethics committees is to consider the ethics of research proposals using human participants. After approval has been given, there is no comprehensive system in place to monitor research and ensure that recommendations are carried out. Some suggest that research ethics committees are ideally placed to fulfil this function by carrying out random monitoring of research they have reviewed. The health service guideline creating local research ethics committees is under review.1 This paper (...)
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  31.  18
    Virtudes, argumentación jurídica y ética judicial.Amalia Amaya - 2011 - Dianoia 56 (67):135-142.
    Según Manuel Atienza, la teoría de la argumentación jurídica se tiene que ocupar de responder tres preguntas: cómo analizar una argumentación, cómo evaluarla y cómo argumentar. Esta concepción de la teoría de la argumentación jurídica es, sin embargo, demasiado restrictiva. Además de proporcionar una respuesta adecuada a estas preguntas, una teoría de la argumentación jurídica debe ocuparse también de la cuestión de qué virtudes debe tener un juez para hacer buenas argumentaciones. La teoría de la argumentación jurídica está, por ello, (...)
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  32.  4
    An Ethical and Judicial Framework for Mercy Killing on the Battlefield.Jean-François Caron - 2014 - Journal of Military Ethics 13 (3):228-239.
    As a follow-up to Stephen Deakin's analysis on the ethics of mercy killing on the battlefield in this journal, this article proposes a moral justification for this type of action, as well as a judicial framework that could clarify what qualifies as such morally permissible action. Based upon contemporary cases, it argues that the current military codes of conduct are incoherent when it comes to the punishment of soldiers who commit mercy killings, and that the military codes of (...)
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  33.  6
    Festschrift Edition of the Journal of Medical Ethics in Honour of Raanan Gillon.J. Savulescu - 2003 - Journal of Medical Ethics 29 (5):265-266.
    Promoting respect for the four principles remains of great practical importance in ordinary medicineThis is a special edition of the journal to celebrate the contribution of Raanan Gillon to the field of medical ethics. The papers in this issue are from a festspiel in honour of Raanan held on the 17th of October 2003. The theme of the festspiel was method in medical ethics. Colleagues of Raanan were asked to outline their own approach to medical ethics, and (...)
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  34.  7
    Restrictions on Judicial Election Campaign Speech: Silencing Criticism of Liberal Activism.Lino A. Graglia - 2004 - Social Philosophy and Policy 21 (2):148-176.
    Constitutional law in the United States is, for most practical purposes, the product of ‘judicial review’, the power of judges to disallow policy choices made by other officials or institutions of government, ostensibly because those choices are prohibited by the Constitution. This extraordinary and unprecedented power, America's dubious contribution to the science of government, has made American judges the most powerful in the world, not only legislators but super-legislators, legislators with virtually the last word. Because lawmaking power divorced from (...)
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  35. Ethical Considerations in Judicial Appointments in Nigeria: The Role of Special Judicial Bodies.Guobadia Ameze - 2017 - Legal Ethics 20 (1):21-42.
    The power to appoint judges and the formal procedure for judicial appointments in Nigeria have been examined by writers, particularly in the context of separation of powers. Shortcomings in the conduct of some judicial officers and the poor performance of some courts continue to generate questions about the suitability of the current appointments process in the quest for a sound judiciary founded on integrity and competence. The article argues that what is missing is due regard for ethics (...)
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  36.  30
    Coercive Care: The Ethics of Choice in Health and Medicine.Torbjörn Tännsjö - 1999 - Routledge.
    Coercive Care: The Ethics of Choice in Health and Medicine asks probing and challenging questions regarding the use of coercion in health care and social services. This book combines philosophical analysis with comparative studies of social policy and law in a large number of industrialized countries and proposes an ideal of judicial security on a global scale.
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  37.  22
    The Ethics of Total Confinement: A Critique of Madness, Citizenship, and Social Justice.Bruce A. Arrigo, Heather Y. Bersot & Brian G. Sellers - 2011 - Oxford University Press.
    In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence. The authors present a controversial thesis that demonstrates how the forces of captivity and risk management are sustained by several interdependent "conditions of control." These conditions impose barriers to justice and set limits on citizenship for one and all. Situated at the nexus of political/social theory, mental health law and jurisprudential (...), the book examines and critiques constructs such as offenders and victims; self and society; therapeutic and restorative; health; harm; and community. So, too, are three "total confinement" case law data sets on which this analysis is based. The volume stands alone in its efforts to systematically "diagnose" the moral reasoning lodged within prevailing judicial opinions that sustain captivity and risk management practices impacting: (1) the rights of juveniles found competent to stand criminal trial, the mentally ill placed in long-term disciplinary isolation, and sex offenders subjected to civil detention and community re-entry monitoring; (2) the often unmet needs of victims; and (3) the demands of an ordered society. Carefully balancing sophisticated insights with concrete and cutting-edge applications, the book concludes with a series of provocative, yet practical, recommendations for future research and meaningful reform within institutional practice, programming, and policy. (shrink)
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  38.  25
    The Law and Ethics of the Pharmaceutical Industry.M. N. G. Dukes - 2005 - Elsevier.
    As one of the most massive and successful business sectors, the pharmaceutical industry is a potent force for good in the community, yet its behaviour is frequently questioned: could it serve society at large better than it has done in the recent past? Its own internal ethics, both in business and science, may need a careful reappraisal, as may the extent to which the law - administrative, civil and criminal - succeeds in guiding (and where neccessary contraining) it. The (...)
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  39.  35
    Justice in Robes.Ronald Dworkin - 2006 - Belknap Press.
    In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard ...
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  40.  57
    Judicial Practical Reason: Judges in Morally Imperfect Legal Orders.Anthony Reeves - 2011 - Law and Philosophy 30 (3):319-352.
    I here address the question of how judges should decide questions before a court in morally imperfect legal systems. I characterize how moral considerations ought inform judicial reasoning given that the law may demand what it has no right to. Much of the large body of work on legal interpretation, with its focus on legal semantics and epistemology, does not adequately countenance the limited legitimacy of actual legal institutions to serve as a foundation for an ethics of adjudication. (...)
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  41.  18
    Applying Best Interests to Persistent Vegetative State--A Principled Distortion?A. J. Fenwick - 1998 - Journal of Medical Ethics 24 (2):86-92.
    "Best interests" is widely accepted as the appropriate foundation principle for medico-legal decisions concerning treatment withdrawal from patients in persistent vegetative state (PVS). Its application appears to progress logically from earlier use regarding legally incompetent patients. This author argues, however, that such confidence in the relevance of the principle of best interests to PVS is misplaced, and that current construction in this context is questionable on four specific grounds. Furthermore, it is argued that the resulting legal inconsistency is distorting both (...)
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  42.  2
    A Sociological Speculation About Law and Ethics.Michael Baurmann - 2012 - Analyse & Kritik 34 (2):285-297.
    It is argued that ethics is undergoing a similar development in modern societies as law did in former times. If this development continues, it could be that in the future collective decisions in many areas will be justified by the application of ethical principles just as today judicial decisions are justified by the application of the rules of law. The paper describes some of the remarkable similarities between law and ethics in modern societies and considers possible causes (...)
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  43.  8
    The Ethics of Legal Theory: Towards Pluralist Pragmatism.Maksymilian T. Madelr - manuscript
    This paper argues for the adoption of pluralist pragmatism about concepts of law. The first part of the paper introduces the argument by reference to the debate over conceptual prescriptivism in the contemporary literature on the methodology of legal theory. The second part of the paper offers a method for recognising pluralism in traditions of jurisprudential inquiry: it does so on the basis of the use of modes of objectification that can be said to underwrite the construction of concepts of (...)
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  44.  9
    Argumentation in Ethics, Legal Dogmatics and Legal Practice.Aleksander Peczenik - 1995 - Argumentation 9 (5):747-756.
    The author adopts a coherentist approach to legal argumentation.Ceteris paribus, the degree of coherence of argumentation depends on answers to such questions as: How many statements belonging to the justification are supported by reasons, that is, not arbitrary?, How profound is the justification, that is, how long are the chains of reasons it contains?, How closely interconnected are the reasons, for example in such a way that the same conclusion follows from various independent reasons?, How relevant are the reasons in (...)
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  45.  12
    Review: Robert Justin Lipkin, Constitutional Revolutions: Pragmatism and the Role of Judicial Review in American Constitutionalism. [REVIEW]Stephen Gardbaum - 2002 - Ethics 112 (4):838-841.
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  46.  3
    Strafbare Bestechlichkeit von Vertragsärzten und Ethik.Rainer Erices, Andreas Frewer & Antje Gumz - 2013 - Ethik in der Medizin 25 (2):103-113.
    Fragen der Korruption von Vertragsärzten sind seit längerer Zeit höchst umstritten: Nach dem so genannten „Herzklappenskandal“ sind in den vergangenen Jahren wiederholt Pharma-Konzerne mit dem Vorwurf der Bestechung von Ärzten in die Schlagzeilen geraten. Das Thema wirft nicht nur juristische oder sozialpolitische, sondern auch ethische Fragen auf. Bislang gab es dazu in Deutschland jedoch nur wenig Reflexion. Bewertungen wurden von der Ärzteschaft vor allem Politikern und Juristen überlassen. Dabei bleibt die Frage der strafbaren Bestechlichkeit im Kern ein Problem, das Ärzteschaft (...)
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  47.  4
    The Appeal to Law to Provide Public Answers to Bioethical Questions: It All Depends What Sort of Answers You Want. [REVIEW]Timothy James - 2008 - Health Care Analysis 16 (1):65-76.
    Bioethics as an academic discipline comes into public discourse when real life “hard cases” receive media attention. Since cases of this sort increasingly often become the subject of litigation, the forum for debate can be a court of law, with judges as the final arbiters. Judges (unlike philosophers) are obliged to give final and definitive rulings in a constrained time period. Their training is in a type of discourse very different from moral philosophy, though still concerned with right and wrong. (...)
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  48.  33
    Moral Theory and Legal Reasoning.Scott Brewer (ed.) - 1998 - Garland.
    The articles in this volume consider at what stage of legal reasoning should a judge or lawyer make specifically moral judgments.
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  49.  5
    The Experience of Tragic Judgement.Julen Etxabe - 2012 - Routledge.
    The very idea of such a neutral system is an illusion. Rather, what is needed, Julen Etxabe argues in this book, is a heightened awareness of the difficulty of judgment.
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  50.  42
    How Ethical Behavior of Firms is Influenced by the Legal and Political Environments: A Bayesian Causal Map Analysis Based on Stages of Development. [REVIEW]Ahmet Ekici & Sule Onsel - 2013 - Journal of Business Ethics 115 (2):271-290.
    Even though potential impacts of political and legal environments of business on ethical behavior of firms (EBOF) have been conceptually recognized, not much evidence (i.e., empirical work) has been produced to clarify their role. In this paper, using Bayesian causal maps (BCMs) methodology, relationships between legal and political environments of business and EBOF are investigated. The unique design of our study allows us to analyze these relationships based on the stages of development in 92 countries around the world. The EBOF (...)
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