Results for 'employment contract'

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  1.  17
    The New Employment Contract and the “At Risk” Worker.William S. Brown - 2005 - Journal of Business Ethics 58 (1-3):195-201.
    Employees of large blue chip corporations in the 1950s through the mid-1960s demonstrated great loyalty to their employers. In return, those employers provided cradle to grave job security and benefits for their workers. During the 1980s, however, this social contract between employees and employers seems to have undergone a change. The norms of the organization man of the earlier period passed from use and a new normative framework seems to have developed. The norm of loyalty on the part of (...)
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  2.  29
    Termination of an Employment Contract Upon Unilateral Notice of an Employee in Lithuania.Tomas Bagdanskis & Justinas Usonis - 2010 - Jurisprudencija: Mokslo darbu žurnalas 119 (1):211-226.
    The theoretical aspects and practical application of the termination of an employment contract upon an employee’s notice are analyzed in the paper. An employee can terminate an employment contract by his/her notice either without specifying any reason or due to some serious reasons. The problems of the regulation of the grounds for the exipiry of an employment contract are discussed and analyzed by comparison with the corresponding regulations in other European countries. Rulings of the (...)
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  3. Termination of an Employment Contract Upon Unilateral Notice of an Employee.I. N. Lithuania - 2010 - Jurisprudencija: Mokslo darbu žurnalas 119 (1):211-226.
     
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  4.  12
    Application of Different Types of Employment Contracts in Lithuania – Related Heoretical and Practical Problems.Tomas Bagdanskis & Rasa Macijauskienė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (1):249-267.
    The article discusses theoretical and practical issues one may face when applying various types of employment contracts, refers to specific legal relations governed by Labour Code standards, and raises issues that would help to solve the existing troubles. Last decades as globalization processes were gaining pace, and market economy conditions changed, labour and production organization models were undergoing transformation. The more complex people’s social relationships are, the greater is the need to regulate these relationships, i. e. to adopt legislation (...)
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  5.  58
    The Contract of Employment - Ethical Dimensions.Anders J. Persson - 2006 - Journal of Business Ethics 66 (4):407-415.
    In this paper, the nature of the contract of employment is explored from an ethical point of view. It is argued that certain normative arguments should be taken into account in order to justify such a contract. Furthermore, an argument is developed against the claim that (a) the individual’s freedom of decision and (b) the practice of institutional arrangements are sufficient to justify a contract of employment. The dimensional analysis offered shows that further conditions are (...)
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  6.  1
    Translatio Versus Concessio: Retrieving the Debate About Contracts of Alienation with an Application to Today’s Employment Contract.David Ellerman - 2005 - Politics and Society 33 (3):449-480.
    Liberalism is based on the juxtaposition of consent to coercion. Autocracy and slavery were based on coercion whereas today’s political democracy and economic “employment system” are based on consent to voluntary contracts. This article retrieves an almost forgotten dark side of contractarian thought that based autocracy and slavery on explicit or implicit voluntary contracts. The democratic and antislavery movements forged arguments not simply in favor of consent but arguments that voluntary contracts to alienate aspects of personhood were invalid—which made (...)
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  7.  17
    Why the Doctor Will NOT See You Now: The Ethics of Enforcing Covenants Not to Compete in Physician Employment Contracts.Michelle Bednarz Beauchamp, Sandra S. Benson & Lara Womack Daniel - 2014 - Journal of Business Ethics 119 (3):1-18.
    When a physician employment relationship terminates, the physician–patient relationship may also be terminated by enforcement of a covenant not to compete, which typically forces the physician to leave the geographic area for a period of time. This gives rise to several ethical dilemmas. The public interest is compromised when enforcement of these covenants contributes to the shortage of physicians in the community, and individual patients are harmed when their physicians are no longer available. The authors undertook a unique study (...)
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  8.  25
    A Cross-National Study of Corporate Governance and Employment Contracts.Roberto García-Castro, Miguel A. Ariño, Miguel A. Rodriguez & Silvia Ayuso - 2008 - Business Ethics, the Environment and Responsibility 17 (3):259–284.
    Corporate governance (CG) can be seen to operate through a 'double agency' relationship: one between the shareholders and corporate management, and another between the corporate management and the firm's employees. The CG and labour management of firms are closely related. A particularly productive way to study how CG affects and is affected by the employment relationship has been to compare CG across countries. The contributions of this paper to that literature are threefold. (1) An integration of aspects of the (...)
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  9.  28
    Sell Global, Pay Local—The Ethics of Taller Product Markets, Lower Labor Markets, and Informed Consent in Global Employment Contracts.Judith W. Spain - 2003 - Business and Professional Ethics Journal 22 (4):25-41.
  10.  4
    Multinational Groups of Companies and Individual Employment Contracts in Spanish and European Private International Law.Paul Volken & Petar Sarcevic - 2009 - In Paul Volken & Petar Sarcevic (eds.), Yearbook of Private International Law: Volume Iv. Sellier de Gruyter.
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  11.  6
    A Cross-National Study of Corporate Governance and Employment Contracts.Roberto García-Castro, Miguel A. Ariño, Miguel A. Rodriguez & Silvia Ayuso - 2008 - Business Ethics: A European Review 17 (3):259-284.
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  12.  35
    The Sexual Contract.Carole Pateman - 1988 - Polity Press.
    Pateman challenges the way contemporary society functions by questioning the standard interpretation of an idea that is deeply embedded in American and British political thought: that our rights and freedoms derive from the social contract explicated by Locke, Hobbes, and Rousseau and interpreted in the United States by the Founding Fathers. The author shows how we are told only half the story of the original contract that establishes modern patriarchy. The sexual contract is ignored and thus men's (...)
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  13.  9
    Contract and Restitution in the Employment Relationship: No Work, No Pay.Philip Sales - 1988 - Oxford Journal of Legal Studies 8 (2):301-311.
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  14.  13
    The Contract of Employment [Book Review].Jillian Flinders - 2013 - Ethos: Official Publication of the Law Society of the Australian Capital Territory 229:38.
  15.  7
    Sham Contracting in Employment: Save Your Client, and Yourself.John Wilson - 2013 - Ethos: Official Publication of the Law Society of the Australian Capital Territory 229:18.
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  16.  60
    Evolution of the Social Contract.Brian Skyrms - 1996 - Cambridge University Press.
    In this pithy and highly readable book, Brian Skyrms, a recognised authority on game and decision theory, investigates traditional problems of the social contract in terms of evolutionary dynamics. Game theory is skilfully employed to offer new interpretations of a wide variety of social phenomena, including justice, mutual aid, commitment, convention and meaning. The author eschews any grand, unified theory. Rather, he presents the reader with tools drawn from evolutionary game theory for the purpose of analysing and coming to (...)
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  17.  35
    Work Without Labor Contract and Changing Employment Policy in Bulgaria.Tanya Chavdarova - 1996 - The European Legacy 1 (2):664-673.
    (1996). Work without Labor contract and changing employment policy in Bulgaria. The European Legacy: Vol. 1, Fourth International Conference of the International Society for the study of European Ideas, pp. 664-673.
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  18.  29
    How Prevalent is Contract Cheating and to What Extent Are Students Repeat Offenders?Joseph Clare & Guy Curtis - 2017 - Journal of Academic Ethics 15 (2):115-124.
    Contract cheating, or plagiarism via paid ghostwriting, is a significant academic ethical issue, especially as reliable methods for its prevention and detection in students’ assignments remain elusive. Contract cheating in academic assessment has been the subject of much recent debate and concern. Although some scandals have attracted substantial media attention, little is known about the likely prevalence of contract cheating by students for their university assignments. Although rates of contract cheating tend to be low, criminological theories (...)
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  19. Contraction: On the Decision-Theoretical Origins of Minimal Change and Entrenchment.Horacio Arló-Costa & Isaac Levi - 2006 - Synthese 152 (1):129 - 154.
    We present a decision-theoretically motivated notion of contraction which, we claim, encodes the principles of minimal change and entrenchment. Contraction is seen as an operation whose goal is to minimize loses of informational value. The operation is also compatible with the principle that in contracting A one should preserve the sentences better entrenched than A (when the belief set contains A). Even when the principle of minimal change and the latter motivation for entrenchment figure prominently among the basic intuitions in (...)
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  20.  34
    Divine Contractions: Theism Gives Birth to Idealism.Tyron Goldschmidt & Samuel Lebens - forthcoming - Religious Studies.
    The first part of the paper presents three little arguments from theism to idealism. The second part employs these arguments to make sense of a puzzling doctrine of Jewish mysticism: the doctrine of divine contraction (heb. tzimtzum).
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  21.  83
    Contract Remedies and Inalienable Rights*: RANDY E. BARNETT.Randy E. Barnett - 1986 - Social Philosophy and Policy 4 (1):179-202.
    I. Introduction Two kinds of remedies have traditionally been employed for breach of contract: legal relief and equitable relief. Legal relief normally takes the form of money damages. Equitable relief normally consists either of specific performance or an injunction – that is, the party in breach may be ordered to perform an act or to refrain from performing an act. In this article I will use a “consent theory of contract” to assess the choice between money damages and (...)
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  22.  11
    How Prevalent is Contract Cheating and to What Extent Are Students Repeat Offenders?Joseph Clare & Guy Curtis - 2017 - Journal of Academic Ethics 15 (2):115-124.
    Contract cheating, or plagiarism via paid ghostwriting, is a significant academic ethical issue, especially as reliable methods for its prevention and detection in students’ assignments remain elusive. Contract cheating in academic assessment has been the subject of much recent debate and concern. Although some scandals have attracted substantial media attention, little is known about the likely prevalence of contract cheating by students for their university assignments. Although rates of contract cheating tend to be low, criminological theories (...)
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  23. Authority, Oaths, Contracts, and Uncertainty in War.Seth Lazar - 2015 - Thought: A Journal of Philosophy 4 (1):52-58.
    Soldiers sign contracts to obey lawful orders; they also swear oaths to this end. The enlistment contract for the Armed Forces of the United States combines both elements: -/- '9a. My enlistment is more than an employment agreement. As a member of the Armed Forces of the United States, I will be: (1) Required to obey all lawful orders and perform all assigned duties … (4) Required upon order to serve in combat or other hazardous situations.' -/- We (...)
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  24.  27
    Contracting Intuitionistic Theories.Neil Tennant - 2005 - Studia Logica 80 (2-3):369-391.
    I reformulate the AGM-account of contraction (which would yield an account also of revision). The reformulation involves using introduction and elimination rules for relational notions. Then I investigate the extent to which the two main methods of partial meet contraction and safe contraction can be employed for theories closed under intuitionistic consequence.
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  25.  15
    Contraction in Interrogative Belief Revision.Sebastian Enqvist - 2010 - Erkenntnis 72 (3):315 - 335.
    In the paper "On the role of the research agenda in epistemic change", Olsson and Westlund have suggested that the notion of epistemic state employed in the standard framework of belief revision (Alchourrón et al. 1985; Gärdenfors 1988) should be extended to include a representation of the agent's research agenda (Olsson and Westlund 2006). The resulting framework will here be referred to as interrogative belief revision. In this paper, I attempt to deal with the problem of how research agendas should (...)
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  26. Job Security and Organizational Citizenship Behaviors in Chinese Hybrid Employment Context: Organizational Identification Versus Psychological Contract Breach Perspective Differences Across Employment Status.Wenzhu Lu, Xiaolang Liu, Shanshi Liu & Chuanyan Qin - 2021 - Frontiers in Psychology 12.
    The goal of the present research was to identify the mechanism through which job security exerts its different effects on organizational citizenship behaviors among contract and permanent employees from social identity and social exchange perspectives. Our research suggests two distinct, yet related explanatory mechanisms: organizational identification and psychological contract breach, to extend the job security literature by examining whether psychological contract breach and organization identity complement each other and explaining the mechanism of different behaviors response to job (...)
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  27.  8
    Virtue Beyond Contract: A MacIntyrean Approach to Employee Rights.Caleb Bernacchio - 2020 - Journal of Business Ethics 171 (2):227-240.
    Rights claims are ubiquitous in modernity. Often expressed when relatively weaker agents assert claims against more powerful actors, especially against states and corporations, the prominence of rights claims in organizational contexts creates a challenge for virtue-based approaches to business ethics, especially perspectives employing MacIntyre’s practices–institutions schema since MacIntyre has long been a vocal critic of the notion of human rights. In this article, I argue that employee rights can be understood at a basic level as rights conferred by the rules (...)
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  28. When AI Meets PC: Exploring the Implications of Workplace Social Robots and a Human-Robot Psychological Contract.Sarah Bankins & Paul Formosa - 2019 - European Journal of Work and Organizational Psychology 2019.
    The psychological contract refers to the implicit and subjective beliefs regarding a reciprocal exchange agreement, predominantly examined between employees and employers. While contemporary contract research is investigating a wider range of exchanges employees may hold, such as with team members and clients, it remains silent on a rapidly emerging form of workplace relationship: employees’ increasing engagement with technically, socially, and emotionally sophisticated forms of artificially intelligent (AI) technologies. In this paper we examine social robots (also termed humanoid robots) (...)
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  29.  41
    The Role of Ethical Values in an Expanded Psychological Contract.Wayne O’Donohue & Lindsay Nelson - 2009 - Journal of Business Ethics 90 (2):251-263.
    Social values and beliefs systems are playing an increasingly influential role in shaping the attitudes and behavior of individuals and organizations towards the employment relationship. Many individuals seek a broader meaning in their work that will let them feel that they are contributing to the broader community. For many organizations, a willingness to behave ethically and assume responsibility for social and environmental consequences of their activities has become essential to maintaining their 'license to operate.' The appearance of these trends (...)
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  30.  13
    Anti-Avoidance: A New Implied Term for Contracts of Employment?Prue Bindon - 2013 - Ethos: Official Publication of the Law Society of the Australian Capital Territory 229:10.
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  31.  21
    Children and Parents as Members of the Research Team: Fair Employment Practices Without a Union Contract.Ryan Spellecy, L. Eugene Arnold & Thomas May - 2008 - Ethics and Behavior 18 (2-3):199-214.
    In clinical mental health research with children, both child and parent are essential members of the research team. The 3 R's of parent/child team membership are respect, rapport, and recognition. Respect and recognition include fair reimbursement for time, expense, and inconvenience, but the most important compensation for many families is the appreciation of the other team members for their sacrifice and cooperation. Reimbursement, although honoring the principles of justice and respect for persons, raises difficult issues about appropriate amount, particularly in (...)
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  32.  5
    Changes and Challenges to the Contract of Employment†.Patrick Elias - 2018 - Oxford Journal of Legal Studies 38 (4):869-887.
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  33.  7
    Employer Loyalty: The Need for Reciprocity.Kemi Ogunyemi - 2014 - Philosophy of Management 13 (3):21-32.
    Responsibilities towards employees constitute a recognised general subject area in the field of business ethics. Thus, research has been done regarding respecting employees’ rights to fairness in dismissal procedures, to their privacy, to a fair wage, etc. Employee loyalty has also been shown to be very important both in management literature and in legal debate but much less attention has been given to employer loyalty which could be one of the responsibilities of an employer to his or her employee. Rather, (...)
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  34. Social Contract Theory Should Be Abandoned.Danny Frederick - 2013 - Rationality, Markets and Morals 4:178-89.
    I argue that social-contract theory cannot succeed because reasonable people may always disagree, and that social-contract theory is irrelevant to the problem of the legitimacy of a form of government or of a system of moral rules. I note the weakness of the appeal to implicit agreement, the conflation of legitimacy with stability, the undesirability of “public justification” and the apparent blindness to the evolutionary critical-rationalist approach of Hayek and Popper. I employ that approach to sketch answers to (...)
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  35.  27
    Should We Let Employees Contract Away Their Rights Against Arbitrary Discharge?Michael J. Phillips - 1994 - Journal of Business Ethics 13 (4):233 - 242.
    This article argues that the moral right to be discharged only for good cause and like rights can be contracted away by employees in appropriate circumstances. It maintains that the rights in question are not inalienable, and that there is nothing irrational about an employee''s wishing to deal them away. It also maintains that inequalities in bargaining power between employers and employees are insufficiently pervasive to justify a flat ban on the alienation of these rights. For a waiver of such (...)
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  36.  32
    Ethics of Contract Pricing.Daniel T. Ostas - 1992 - Journal of Business Ethics 11 (2):137 - 145.
    This study explores the legal and ethical issues associated with contract pricing. In particular, it focuses on a set of legal precedents which have addressed the enforceability of allegedly unfair contract prices. Traditionally, the common law has emphasized the consent of the parties. If the parties consented to a given price; it is presumptively fair and enforceable. The cases reviewed in this study, however, seem to draw upon alternative moral conceptions of fairness not normally associated with the common (...)
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  37.  11
    Problems of Qualifying an Employment Relationship and Undeclared Work in Lithuania.Tomas Bagdanskis & Justinas Usonis - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (3):1101-1122.
    The research analyses the grounds for separation of employment relationship and independent contractors in civil relationship as it is established in legal provisions and court practice of the Republic of Lithuania. Firstly, criteria for separation of civil and labour legal relationship are analysed. Secondly, Lithuanian judicial practice is examined. Since employment contracts are closely related to undeclared work, thirdly, practise of recognizing of undeclared work is used as criteria for identification of employment relationship. The criteria of illegal (...)
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  38.  45
    Realizing the Social Contract: The Case of Colonialism and Indigenous Peoples.Robert Lee Nichols - 2005 - Contemporary Political Theory 4 (1):42-62.
    From 1922 to 1924, the Iroquois Confederacy — a federal union of six aboriginal nations — sought resolution of a dispute between themselves and Canada at the League of Nations. In this paper, the historical events of the 1920s League are employed as a case study to explore the development of the international society of states in the early 20th century as it relates to the indigenous peoples of North America. Specifically, it will be argued that the early modern practice (...)
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  39.  15
    Towards a Dynamic Model of the Psychological Contract.René Schalk & Robert E. Roe - 2007 - Journal for the Theory of Social Behaviour 37 (2):167-182.
    This paper presents a dynamic perspective in which the psychological contract is treated as a structured set of beliefs that are held by individual employees about the mutual obligations of the organization as employer and themselves as employees. This set of beliefs is assumed to produce a state of commitment to the organization in which the employee is willing to accept work roles and tasks offered by the organization, and to carry them out in accordance with certain standards. The (...)
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  40. Untangling Employee Loyalty: A Psychological Contract Perspective.David W. Hart & Jeffery A. Thompson - 2007 - Business Ethics Quarterly 17 (2):297-323.
    Although business ethicists have theorized frequently about the virtues and vices of employee loyalty, the concept of loyalty remainsloosely defined. In this article, we argue that viewing loyalty as a cognitive phenomenon—an attitude that resides in the mind of theindividual—helps to clarify definitional inconsistencies, provides a finer-grained analysis of the concept, and sheds additional light on theethical implications of loyalty in organizations. Specifically, we adopt the psychological contract perspective to analyze loyalty’s cognitivedimensions, and treat loyalty as an individual-level construction (...)
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  41.  22
    Contracting Batterman's Asymptotic 'No-Man's Land:' Reduction Rejoins Explanation.William Kallfelz - unknown
    The notion of emergence has received much renewed attention recently. Most of the authors I review (§ II), including most notably Robert Batterman (2002, 2003, 2004) share the common aim of providing accounts for emergence which offer fresh insights from highly articulated and nuanced views reflecting recent developments in applied physics. Moreover, the authors present such accounts to reveal what they consider as misrepresentative and oversimplified abstractions often depicted in standard philosophical accounts. With primary focus on Batterman, however, I show (...)
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  42.  9
    Hobbes’ Frontispiece: Authorship, Subordination and Contract.Janice Richardson - 2016 - Law and Critique 27 (1):63-81.
    In this article I argue that the famous image on Hobbes’ frontispiece of Leviathan provides a more honest picture of authority and of contract than is provided by today’s liberal images of free and equal persons, who are pictured as sitting round a negotiating table making a decision as to the principles on which to base laws. Importantly, in the seventeenth century, at the start of modern political thought, Hobbes saw no contradiction between contractual agreement and subordination. I will (...)
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  43.  60
    Ethical Decision Making and Research Deception in the Behavioral Sciences: An Application of Social Contract Theory.Allan J. Kimmel, N. Craig Smith & Jill Gabrielle Klein - 2011 - Ethics and Behavior 21 (3):222 - 251.
    Despite significant ethical advances in recent years, including professional developments in ethical review and codification, research deception continues to be a pervasive practice and contentious focus of debate in the behavioral sciences. Given the disciplines' generally stated ethical standards regarding the use of deceptive procedures, researchers have little practical guidance as to their ethical acceptability in specific research contexts. We use social contract theory to identify the conditions under which deception may or may not be morally permissible and formulate (...)
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  44.  49
    A Hague Convention on Contract Pregnancy : Avoiding Ethical Inconsistencies with the Convention on Adoption.Carolyn McLeod & Andrew Botterell - 2014 - International Journal of Feminist Approaches to Bioethics 7 (2):219-235.
    The Hague Conference on Private International Law is currently considering the development of a Hague Convention on international contract pregnancy. Recently, the Permanent Bureau of the conference published A Preliminary Report on the Issues Arising from International Surrogacy Arrangements . There, it acknowledges that overlap may exist in the proper regulation of international adoption and international contract pregnancy . The report states that “some of the techniques employed by the 1993 Convention [on Protection of Children and Co-operation in (...)
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  45.  25
    Employer Leadership in the Era of Workplace Rationing.Patricia Illingworth - 2001 - Cambridge Quarterly of Healthcare Ethics 10 (2):172-183.
    Recent figures show that 151.7 million nonelderly Americans who had private insurance received that insurance from their employers (out of 167.5 million with private insurance). Employers who contract with health plans on behalf of their employees influence the health of their employees and, in turn, the nature and quality of the healthcare system in the United States. Despite the magnitude of their influence, they have been relatively free from both government and ethical guidance with respect to the specific substantive (...)
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  46.  99
    A Change in Business Ethics: The Impact on Employer–Employee Relations.Roger Eugene Karnes - 2009 - Journal of Business Ethics 87 (2):189-197.
    This research explores the historical perspective of business ethics from the viewpoint of the employer–employee relationship by outlining the impact of the changing social contract between employer and employee relations from the end of World War II to the current day; provides the basic definition of the key elements of the organizational social contract and outlines the social contract in employment relations. It also provides what the author believes to be the key drivers in employer–employee relations (...)
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  47.  10
    Employment in Public Services: The Case for Special Treatment.Gillian S. Morris - 2000 - Oxford Journal of Legal Studies 20 (2):167-183.
    Traditionally many systems subjected public employees to a separate and more restrictive labour law regime than their private sector counterparts. However, these status-based restrictions were generally modified or abandoned during the 1960s and 1970s. Greater homogeneity of treatment of public and private sector workers was also subsequently reflected in employment practices in Britain and elsewhere as a product of the «marketization» of public services, a strategy which involved replacing centralized regulation by greater local determination in accordance with «business» needs. (...)
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  48.  30
    Raising the Curtain: Exploring Dancers' Perceptions of Obligation Through the Psychological Contract Lens.Alicia R. Stanway, Sarbari Bordia & Erich C. Fein - 2013 - Arts and Humanities in Higher Education 12 (2-3):254-267.
    The current study takes an exploratory approach to investigate which situational factors influence perceptions of psychological contracts, as well as the content that comprises psychological contracts in the dance training industry. Semi-structured interviews were conducted with students enrolled in a higher education institution in Australia. Results indicated that intending dancers take several factors into consideration when contemplating a professional dance career: natural progression of skill, employment opportunities, location, and peer recommendation. In addition, intending dancers have several perceived institutional obligations: (...)
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  49.  78
    A Marxist Dilemma for Social Contract Theory.James P. Sterba - 1982 - American Philosophical Quarterly 19 (1):51 - 59.
    Marxist social contract theory gives rise to an unwelcome dilemma for would-Be contractarians. For either the state of nature choice situation confronting the parties to the social contract will be defined to include or to exclude the knowledge of the general facts of class conflict. But if, On the one hand, The state of nature choice situation is defined to include such knowledge (particularly the knowledge of the fundamental conflict between the proletariat and capitalist classes), Then it could (...)
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  50.  16
    Rethinking the Contract as Promise.Joon Seok Park - 2008 - Proceedings of the Xxii World Congress of Philosophy 40:107-113.
    This paper aims to rethink the reason why nineteenth century common lawyers required a promise to be ‘accepted’. James Gordley expresses his opinion on this matter that they did it just in order to answer the annoying question of why and when a promise was binding. He might be right if he were dealing with the nineteenth century civil lawyers. But he cannot explain why common law of contract still employs the doctrine of consideration and refuses to replace the (...)
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