Pulling from theories of social exchange, deonance, and fairness heuristics, this study focuses on the relationship between overall justice climate and both the prosocial and deviant behaviors of groups. Specifically, it considers two contextual boundary conditions on this effect—corporate social responsibility and group moral identity. Results from a laboratory experiment are presented, which show a significant effect for overall justice climate and a two-way interaction between overall justice climate and CSR on group-level prosocial and deviant behaviors, and a marginally significant (...) interaction of group moral identity with overall justice climate on group deviance. The implications of contextual influences on workplace ethics and justice are discussed. (shrink)

Bastiat is widely acknowledged as the most effective advocate of free markets, but his status as an economist is widely denied even by prominent Austrian economists who share his literary style and support for liberty. In particular, his theories of value and exchange have been attacked as a labor theory of value. Bastiat is exonerated here from these charges and is shown to fully oppose objective theories of value and to fully endorse the gains from free exchange. In addition, Bastiat (...) viewed economics as a science based on deductive reasoning and he vehemently opposed the use of mathematics. He thus was an important precursor of the Austrian school of economics.Bastiat est très reconnu comme étant le défenseur le plus éloquent du libre marché. Cependant, son statut en tant qu’économiste est amplement nié, et ce, même par les économistes Autrichiens éminents qui sont en accord avec son style littéraire et sa défense de la liberté. En particulier, ses théories de la valeur et de l’échange, considérées comme participant de la théorie de la valeur-travail, ont fait l’objet de critiques. Cet article exonère Bastiat de ces critiques et démontre que ses théories s’opposent radicalement aux théories objectives de la valeur : Bastiat avait une compréhension parfaite des gains découlant des échanges libres. De plus, Bastiat envisageait l’économie comme une science reposant sur un raisonnement déductif et s’opposait résolument à l’emploi des mathématiques. En ce sens, il était un précurseur important de l’école Autrichienne d’économie. (shrink)

This volume examines the concept of free will -- the capacity of rational agents to choose a course of action from among various alternatives. The author intends this work to be a general guide to the variety of philosophical opinions and dimensions that deal with the concept of free will. He defines the concept, provides a historical overview, and then he goes on the present the various philosophical views and opinions that surround this topic.

Although women comprise almost 50 per cent of the practising legal profession in Australia and elsewhere, numerosity is insufficient to overcome the 'otherness' of the feminine in corporate law firms. Despite measures to recognise the ethic of a balanced life for those with caring responsibilities, these initiatives are undermined by the contemporary imperative in favour of competition. This article argues that there is a hypermasculinist sub-text invoked by the media reporting of a flurry of mergers between super-élite London-based global law (...) firms and Australian firms with an eye to expansion in the Asia-Pacific. It is suggested that the incommensurability of the discourses of flexible work and hypercompetition symbolically revives and sustains the masculinity of super-élite law firms as the gender tipping point draws nigh. To illustrate the thesis, the representation of the two discourses in the print media between 2011 and 2012 are considered, drawing primarily on The Times and The Australian. (shrink)

The etymologizing which forms the torso of the Cratylus gives way, in the final pages, to an interesting, but brief, discussion of Heraclitean Flux. The transition is made on pages 437–8. Knowledge of reality through names has proved elusive because the names yield contradictory theses. This being so, it is argued that the truth is only to be obtained by a direct acquaintance with reality.

This retrospective, covering half a century, is a personal history of modern libertarianism. It provides some historical perspective on the growth of libertarianism and its impact on society, especially for those who were born into an existing libertarian movement, including political and academic paths. As outsiders, Austrians and libertarians can expect more than their share of difficult times and roadblocks, although that situation has improved over time. It also shows the limitations of the political path to liberty and the importance (...) of the Austrian view that society changes via emphasis on sound economic science, its practicality, and its subsequent impact on ideology. Finally, it conveys the importance of solving practical problems and puzzles via the thin, radical version of libertarianism. (shrink)

into complex society and experienced tremendous economic development and high cultural achievement through the use of money. It has foundered or even been destroyed when money has been undermined. Ignorance of the nature of money should therefore be the central economic issue for society. Frédéric Bastiat was a French businessman who lived during the first half of the nineteenth century (1801–1850). In the last few years of his life he was elected to the national assembly and began a prolific career (...) as a writer on topics of economics, public policy, and political issues of the day. His highly effective writing style includes the use of humor, ridicule, dialogue, irony, exaggeration and, most important, logical deduction and the process of elimination. He is like a mystery sleuth in search of economic truth and this style has made him the undisputed champion in economic polemics. He continues to earn high praise from journalists, economists, and most important, from educated readers more than 150 years after his death.1 In contrast to the universal respect and admiration for his literary skills, Bastiat has not been admired as an economic theorist. His efforts at economic theory have been roundly criticized and characterized as the efforts of an amateur or even a crank. We can list the eminent economist Joseph Schumpeter and Nobel Laureate F.A. Hayek, two outstanding economists, among the critics of Bastiat as an economic theorist. I have re-examined Bastiat’s contributions to economic theory and have found the charges against him to be unsubstantiated. In terms of economic theory, Bastiat is widely knowledgeable, keenly discerning, highly competent, and very creative. Furthermore, I have concluded that the central criticisms of.. (shrink)

Like COVID-19, new infectious disease outbreaks emerge almost annually, and studies predict that this trend will continue due to a variety of factors, including an aging population, ease of travel, and globalization of the economy. In response to episodic public health crises, governments and organizations develop, implement, and enforce policies, procedures, protocols, and programs. The epidemiological triad is both a model of disease causation and fundamentally used to design and deploy such control measures. Here we adapt this model to the (...) workplace setting and use the epidemiological triad to characterize the related ethical challenges in implementing the control measures employers face as a guide for a workplace intervention framework. Through this approach, our aim is to show how an integrated ethical framework, grounded in epidemiological principles, has important implications for how we categorize, understand, and resolve the difficult decisions that emerge in the workplace under pandemic conditions. (shrink)

Against the background of the political swing from social liberalism to neo-liberalism in Australia, this paper considers the discomfiting relationship between feminism and the legal academy over the last three decades. It briefly traces the trajectory of the liaison, the course of the brief affair, the parting of the ways and the cold shoulder. In considering the reasons for the retreat from feminism, it is suggested that it has been engineered by neo-liberalism through the market's deployment of third-wave feminism, particularly (...) the popular manifestation of girlpower. The focus on promotion of the self, consumerism, free choice and sexuality has deflected attention away from collective harms. Girlpower has also facilitated a revival of gendered binarisms on the social script, which does not bode well for the future of women in the legal profession. The proposition is illustrated by reference to the representation of women's breasts on the cover of a law students’ magazine containing articles on sexed crime. (shrink)

‘Actus non facit reum nisi mens sit rea.’ But when is a mens rea? In the last twenty years discussions of this question have been stimulated by controversial decisions in the English House of Lords in the cases of Smith, Morgan and Majewski.The case of Smith decided that a man might be guilty of murder if a reasonable person, knowing the circumstances, would have foreseen that death would result even if the agent himself did not so foresee. This appeal to (...) the ‘reasonable person’ imports what is known as the ‘objective test’ as opposed to the ‘subjective test’ of the agent's actual foresight or knowledge. The case of Morgan inclined per contra to the subjective test. (shrink)

‘Actus non facit reum nisi mens sit rea.’ But when is a mens rea? In the last twenty years discussions of this question have been stimulated by controversial decisions in the English House of Lords in the cases of Smith, Morgan and Majewski.The case of Smith decided that a man might be guilty of murder if a reasonable person, knowing the circumstances, would have foreseen that death would result even if the agent himself did not so foresee. This appeal to (...) the ‘reasonable person’ imports what is known as the ‘objective test’ as opposed to the ‘subjective test’ of the agent's actual foresight or knowledge. The case of Morgan inclined per contra to the subjective test. (shrink)

The authors of Crime and Culpability hold a subjectivist theory of criminal culpability according to which the core concept in culpability is subjective recklessness, negligence is not culpable, and it is irrelevant to culpability whether or not a criminal act results in harm. I argue against these three theses and criticize the authors' views on the structure of criminal law, criminal defences, criminal attempts, and codification.

This volume contains eleven previously published essays on criminal law together with a new "Reply to Critics" by the Professor of Jurisprudence at Oxford, John Gardner. The principal themes of the essays, covering offences, defences, and punishment, are summarized in this review, which also highlights areas of controversy and various lines of criticism.

Professor John Gardner says on the jacket, “these essays – without exception insightful and penetrating – set a high standard for the rest of us to aspire to.” This collection of 15 essays by 16 Canadian authors originated in a conference at Osgoode Hall Law School, York University. The majority of contributors are based in southern Ontario . Two are from western Canada , two from the UK and one from the US . The essays are arranged in three parts, (...) the first being subdivided according to subject matter. It is a good thing for criminal law theorists to interest themselves in all facets of the subject. On the other hand, some will be deterred by the presence of essays on topics outside their specialty. It must be said that it is a well-produced book, even containing a subject index. I hope this book has wide circulation. (shrink)

This encyclopedia provides a comprehensive survey of philosophy of law. The articles cover every period of Western philosophy and every part of the globe. Every school and methodology of legal philosophy is detailed. There are ninety articles on individual thinkers in both the Anglo-American and European traditions. Every facet of law as a social institution, of criminal law, and of private law, is covered. Relevant political, moral, and epistemological issues are discussed. The general standard, though uneven, is high. To guide (...) readers a subject list by topic and four indexes are included. The editor deserves congratulations for a remarkable achievement. (shrink)