Extant literature has documented mixed findings concerning the relationship between abusive supervision and employee performance. While most studies show a negative relationship, others reveal that abusive supervision can be motivating and performance-enhancing, and still others find no effect. To advance our understanding of this relationship, the present study examines employees’ objective and quantifiable key performance indicators (KPIs) as an outcome, while investigating employment contract type as a critical boundary condition. This study also explores an alternative outcome of abusive (...) supervision by examining whether its effects extend to employees’ behavior towards customers, specifically in the form of customer-directed sabotage. A two-wave multi-source field study was conducted with 1,331 customer service representatives from 139 call-center teams. Findings suggest an alarming phenomenon: for probationary employees, an inverted U-shaped relationship exists between abusive supervision and employees’ KPIs, such that low to moderate levels of abusive supervision increase, but moderate to high levels of abusive supervision decrease, their job performance. For permanent employees, KPIs are less affected by abusive supervision. However, abusive supervision is positively related to employees’ customer-directed sabotage behavior, and this effect is stronger for permanent (vs. probationary) employees. The theoretical and practical implications of the findings for leadership and business ethics are discussed. (shrink)

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 that would create pre-conditions for addressing social interest conflicts. Thus a need has arisen for a new legal regulation because new activity models do not fit into traditional relationships governed by labour law. Along standard employment relationship, non-standard relationships occur in the market. In 2003 the Ministry of Social Security and Labour of the Republic of Lithuania issued recommendations for employers on flexible work organisation forms and indicated reasons for the organisation of flexible work forms: the nature of work and employee’s demographic and social characteristics; fulfilment of family duties; health condition; unfavourable work environment; employee’s age; studying and studies. (shrink)

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 (...) the works of, among others, Quine and Ullian (1978), Levi (1980, 1991), Harman (1988) and Gärdenfors (1988), formal accounts of belief change (AGM, KM – see Gärdenfors (1988); Katsuno and Mendelzon (1991)) have abandoned both principles (see Rott (2000)). We argue for the principles and we show how to construct a contraction operation, which obeys both. An axiom system is proposed. We also prove that the decision-theoretic notion of contraction can be completely characterized in terms of the given axioms. Proving this type of completeness result is a well-known open problem in the field, whose solution requires employing both decision-theoretical techniques and logical methods recently used in belief change. (shrink)

Following the studies of Araujo et al. (AI Soc 35:611–623, 2020) and Lee (Big Data Soc 5:1–16, 2018), this empirical study uses two scenario-based online experiments. The sample consists of 221 subjects from Germany, differing in both age and gender. The original studies are not replicated one-to-one. New scenarios are constructed as realistically as possible and focused on everyday work situations. They are based on the AI acceptance model of Scheuer (Grundlagen intelligenter KI-Assistenten und deren vertrauensvolle Nutzung. Springer, Wiesbaden, 2020) (...) and are extended by individual descriptive elements of AI systems in comparison to the original studies. The first online experiment examines decisions made by artificial intelligence with varying degrees of impact. In the high-impact scenario, applicants are automatically selected for a job and immediately received an employment contract. In the low-impact scenario, three applicants are automatically invited for another interview. In addition, the relationship between age and risk perception is investigated. The second online experiment tests subjects’ perceived trust in decisions made by artificial intelligence, either semi-automatically through the assistance of human experts or fully automatically in comparison. Two task types are distinguished. The task type that requires “human skills”—represented as a performance evaluation situation—and the task type that requires “mechanical skills”—represented as a work distribution situation. In addition, the extent of negative emotions in automated decisions is investigated. The results are related to the findings of Araujo et al. (AI Soc 35:611–623, 2020) and Lee (Big Data Soc 5:1–16, 2018). Implications for further research activities and practical relevance are discussed. (shrink)

ABSTRACT:Although business ethicists have theorized frequently about the virtues and vices of employee loyalty, the concept of loyalty remains loosely defined. In this article, we argue that viewing loyalty as a cognitive phenomenon—an attitude that resides in the mind of the individual—helps to clarify definitional inconsistencies, provides a finer-grained analysis of the concept, and sheds additional light on the ethical implications of loyalty in organizations. Specifically, we adopt the psychological contract perspective to analyze loyalty's cognitive dimensions, and treat loyalty (...) as an individual-level construction of perceived reciprocal obligations. Based upon this perspective, we present a three-tiered framework of loyalty that provides a psychologically informed definition of the concept, specifies the variety of obligation types that loyalty can imply, and anticipates the potential for asymmetrical loyalty configurations between employers and employees. We use the framework to articulate moral issues associated with both symmetrical and asymmetrical loyalty configurations and discuss the implications of the framework for theory and practice. (shrink)

ABSTRACT:Although business ethicists have theorized frequently about the virtues and vices of employee loyalty, the concept of loyalty remains loosely defined. In this article, we argue that viewing loyalty as a cognitive phenomenon—an attitude that resides in the mind of the individual—helps to clarify definitional inconsistencies, provides a finer-grained analysis of the concept, and sheds additional light on the ethical implications of loyalty in organizations. Specifically, we adopt the psychological contract perspective to analyze loyalty's cognitive dimensions, and treat loyalty (...) as an individual-level construction of perceived reciprocal obligations. Based upon this perspective, we present a three-tiered framework of loyalty that provides a psychologically informed definition of the concept, specifies the variety of obligation types that loyalty can imply, and anticipates the potential for asymmetrical loyalty configurations between employers and employees. We use the framework to articulate moral issues associated with both symmetrical and asymmetrical loyalty configurations and discuss the implications of the framework for theory and practice. (shrink)

This article exposes criterial bases of the development of social quality in the USSR and Russia. The causes of the increased volatility of the state-monopoly capitalism emerging in Russia from the 1990s and in the first decade of the twenty-first century are analyzed. Characteristics of social quality such as a high proportion of low-paid employees, a low standard of living and a high economic inequality are considered. The impact of the precarity of employment on these processes is demonstrated. Risk (...) factors of precarity of employment such as type of labor contract, form of employment, working conditions and wages (in particular, volatility and discreteness of payments) are analyzed. The evaluation of scale of the precarity of employment in the formal sector in Russia is made; the distribution of workers in precarity of employment by kinds of economic activity and the deviation of their average wages are introduced. Overcoming the instability of development is linked to the transition to a society of people-humanistic socialism. (shrink)

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 (...) Supreme Court of the Republic of Lithuania are discussed to reveal the problems existing in practice. Conclusions and suggestions for the improvement of laws providing conditions for homogeneous interpretation of legal provisions are presented. (shrink)

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 (...) both parties seems to have passed from practice. Employers would now terminate employees if it was in their short term interest to do so, while employees began to move from company to company, no longer making a career with one employer. Many writers have attributed this new employment relationship to the dynamics of the times, as we move from modern to late modern/early post-modern times. This paper reports the findings of a pilot qualitative study done with graduating seniors from an AACSB accredited business school. The subjects were asked to write self-reflective essays on the following themes: Given the nature of the new employment contract, are careers a vestige of the past? How do you feel about such concepts as career self reliance and career resiliency? Do you feel "at risk" in the new world of work? If so why, if not why not? If so, how do you plan to deal with it? The paper reports the critical response patterns of these graduating seniors and draws insights and conclusions from the literature illuminating the student reflections. (shrink)

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 (...) to explore physician perspectives concerning the ethics of banning a physician from practice and the impact of the ban on both the physician and the physician’s patients. The results identified harmful effects that have not been raised in prior scholarly articles or reported court opinions. After reviewing the legal background of covenants not to compete, this paper presents the results of that study and concludes that resorting to the legal system for enforcement of covenants not to compete is not always the ethical course of action. (shrink)

The theoretical availability of an infinite number of contract types suggests that there may be an optimal quantity from which contractual parties could make a selection. In this Article, we emphasize the difficulty of identifying that optimal number, given information costs and other transaction costs related to the production of a contract type. We argue that standard market failures might cause markets to produce a suboptimal number of contract types. We then consider whether government should (...) intervene to remedy any market failure. We conclude that government would generally lack the access to information necessary to identify the optimal number of contract types. Moreover, we argue that issues of political economy would impede the ability of government to achieve the optimal number of contract types, even if it were able to identify that number. Government, that is, may tend to either oversupply or undersupply contract types. Perhaps the best that government can do is to provide “soft” interventions that reflect appropriate defaults or safe harbors. (shrink)

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 (...) the underlying rights inalienable. Once understood, those arguments apply as well to today’s self-rental contract, the employer-employee contract. (shrink)

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 (...) labour management literature in the CG debate. (2) Based on a sample of about 1000 firms from 31 countries, we find evidence of complementarities between the CG and the labour management of firms. Extreme cases, in general, outperform mixed cases. (3) Firm differences within countries are more important than scholars have assumed so far. We present the results of the study and implications for future research and for practice. (shrink)

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 (...) labour management literature in the CG debate. (2) Based on a sample of about 1000 firms from 31 countries, we find evidence of complementarities between the CG and the labour management of firms. Extreme cases, in general, outperform mixed cases. (3) Firm differences within countries are more important than scholars have assumed so far. We present the results of the study and implications for future research and for practice. (shrink)

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 (...) needed: (a) must be elaborated and interpreted to the extent that this condition is not sufficient – rather sub-criteria regarding the agent’s state of knowledge must be met; and (b) should be supplemented by a demand for fairness. A tentative analysis of existing work contracts is the starting point for the ethical analysis. The aim is to show what a legitimate, or reasonable, contract of employment will require. Finally, some important normative implications and consequences regarding the contract’s normative status are discussed. (shrink)

We develop a vector space semantics for verb phrase ellipsis with anaphora using type-driven compositional distributional semantics based on the Lambek calculus with limited contraction of Jäger. Distributional semantics has a lot to say about the statistical collocation based meanings of content words, but provides little guidance on how to treat function words. Formal semantics on the other hand, has powerful mechanisms for dealing with relative pronouns, coordinators, and the like. Type-driven compositional distributional semantics brings these two models together. We (...) review previous compositional distributional models of relative pronouns, coordination and a restricted account of ellipsis in the DisCoCat framework of Coecke et al. :1079–1100, 2013). We show how DisCoCat cannot deal with general forms of ellipsis, which rely on copying of information, and develop a novel way of connecting typelogical grammar to distributional semantics by assigning vector interpretable lambda terms to derivations of LCC in the style of Muskens and Sadrzadeh Logical aspects of computational linguistics, Springer, Berlin, 2016). What follows is an account of ellipsis in which word meanings can be copied: the meaning of a sentence is now a program with non-linear access to individual word embeddings. We present the theoretical setting, work out examples, and demonstrate our results with a state of the art distributional model on an extended verb disambiguation dataset. (shrink)

New technologies and practices, such as drug testing, genetic testing, and electronic surveillance infringe upon the privacy of workers on workplaces. We argue that employees have a prima facie right to privacy, but this right can be overridden by competing moral principles that follow, explicitly or implicitly, from the contract of employment. We propose a set of criteria for when intrusions into an employee''s privacy are justified. Three types of justification are specified, namely those that refer to (...) the employer''s interests, to the interests of the employee her- or himself, and to the interests of third parties such as customers and fellow workers. For each of these three types, sub-criteria are proposed that can be used to determine whether a particular infringement into an employee''s privacy is morally justified or not. (shrink)

Employers of all types, including group practices, health maintenance organizations, and university and other hospital practices, commonly include noncompetition clauses in physician employment contracts. The clauses only apply in the event physicians leave their employers, and typically only limit activities in relatively narrow geographic areas. Consequently, physicians often agree to the clauses without much thought or analysis. This is a mistake, as the clauses may have broad adverse ramifications for both physicians and patients.This article identifies the standard components (...) of noncompetition clauses, addresses the ethical and practical concerns they raise, and reviews recent court decisions on point. The article concludes that despite public policy concerns, courts can and often do enforce the clauses. The purpose of the article, therefore, is to increase physicians’ awareness of the potential impact of these clauses, and to encourage physicians to carefully consider whether to accept contracts that contain them, or at the very least to negotiate for the least restrictive terms possible. (shrink)

Employers of all types, including group practices, health maintenance organizations, and university and other hospital practices, commonly include noncompetition clauses in physician employment contracts. The clauses only apply in the event physicians leave their employers, and typically only limit activities in relatively narrow geographic areas. Consequently, physicians often agree to the clauses without much thought or analysis. This is a mistake, as the clauses may have broad adverse ramifications for both physicians and patients.This article identifies the standard components (...) of noncompetition clauses, addresses the ethical and practical concerns they raise, and reviews recent court decisions on point. The article concludes that despite public policy concerns, courts can and often do enforce the clauses. The purpose of the article, therefore, is to increase physicians’ awareness of the potential impact of these clauses, and to encourage physicians to carefully consider whether to accept contracts that contain them, or at the very least to negotiate for the least restrictive terms possible. (shrink)

Modern contract law is characterized by a certain kind of unity and multiplicity. On the one hand, it establishes fundamental principles that apply to all contracts in general. But at the same time, it specifies further principles and rules for particular kinds of contracts or transaction-types that mark out their distinctive features, incidents and effects. Clearly, a viable theory of contract law should be able to provide a suitable account of both aspects. The central critical contention of (...) The Choice Theory of Contracts is that all prior approaches, in particular rights-based theories, have failed to do so. Indeed, Dagan and Heller argue that only a theory that explains the settled rules of contract law as teleologically oriented toward facilitating individuals’ pursuit of their different substantive goods, and thus as primarily power-conferring in this particularly robust sense, can provide the needed account. Such a theory, they believe, would be not only interpretatively accurate with respect to the actual law but also fully acceptable as a liberal view of contract. This Article challenges the core contentions of choice theory, suggesting why it may be unable to meet its own goal of explaining how contract law coherently specifies and integrates the general and specific dimensions of enforceable agreements. The Article looks into basic contract doctrines in order to specify a general conception of the contractual relation that can meet this desideratum and it sketches how, beginning with that conception, contract law unfolds a rich multiplicity of transaction-types. The resulting view is liberal but rights-based rather than teleological, and it proposes an alternative understanding of how the rules of contract law are power-conferring as well as duty-imposing. (shrink)

Autism spectrum disorder is an inherited long-living and neurological disorder that starts in the early age of childhood with complicated causes. Autism spectrum disorder can lead to mental disorders such as anxiety, miscommunication, and limited repetitive interest. If the autism spectrum disorder is detected in the early childhood, it will be very beneficial for children to enhance their mental health level. In this study, different machine and deep learning algorithms were applied to classify the severity of autism spectrum disorder. Moreover, (...) different optimization techniques were employed to enhance the performance. The deep neural network performed better when compared with other approaches. (shrink)

(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.

David Ellerman has proposed an argument for the democratic firm based on a principle of ordinary jurisprudence, the principle of responsibility. The responsibility principle says that people are to be held legally responsible for the results of their intentional deliberate actions. Ellerman contends that laborers ought to constitute the firm and appropriate its whole product, because production is the intentional deliberate action of laborers. The employment contract is thus invalid, and every firm ought to be reconstructed as a (...) partnership of all those who work in the enterprise. This article argues that there are two flaws in his argument. The first flaw is Ellerman's focus on a distinction between people and things, rather than on the varying forms of participation in an action, including participating by contributing tools. An analogy with the concept of criminal accomplices shows that those who contribute capital to an enterprise could share responsibility for production along with laborers. The second flaw is that while responsibility is inalienable, when responsibility produces a property right, that property right is alienable. The employment contract could be reconceived as a type of futures contract, selling a claim on the eventual whole product in return for something like a fixed wage. (shrink)

Employees perception of the existence of a covenantal relationship between themselves and their employer indicates that they believe there is a mutual commitment to shared values and the welfare of the other party in the relationship. Research suggests that these types of employment relationships have positive benefits for both employees and employers. There has been little research, however, on the factors that determine whether such relationships will develop and thrive.In this paper, we suggest that the organizations ethical work (...) climate may be an important factor affecting employees perceptions about the nature of the relational contract between themselves and their employer. Specifically, we argue that work climates emphasizing benevolence and principle will be associated with covenantal relationships. Conversely, we believe that work climates emphasizing egoism will make it less likely that covenantal relationships will develop between an employer and employee. (shrink)

This paper involves extended b − metric versions of a fractional differential equation, a system of fractional differential equations and two-dimensional linear Fredholm integral equations. By various given hypotheses, exciting results are established in the setting of an extended b − metric space. Thereafter, by making consequent use of the fixed point technique, short and simple proofs are obtained for solutions of a fractional differential equation, a system of fractional differential equations and a two-dimensional linear Fredholm integral equation.

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 (...) patriarchal right over women is also glossed over. No attention is paid to the problems that arise when women are excluded from the original contract but incorporated into the new contractual order. One of the main targets of the book is those who try to turn contractarian theory to progressive use, and a major thesis of the book is that this is not possible. Thus those feminists who have looked to a more "proper" contract- one between genuinely equal partners, or one entered into without any coercion- are misleading themselves. In the author's words, "In contract theory universal freedom is always a hypothesis, a story, a political fiction. Contract always generates political right in the forms of domination and subordination." Thus the book is also aimed at mainstream political theorists, and socialist and other critics of contract theory. The author offers a sweeping challenge to conventional understandings- of both left and right- of actual contracts in everyday life: the marriage contract, the employment contract, the prostitution contract, and the new surrogate mother contract. By bringing a feminist perspective to bear on the contradictions and paradoxes surrounding women and contract, and the relation between the sexes, she is able to shed new light on fundamental political problems of freedom and subordination. (shrink)

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 (...) security across employment status. Data were collected from 211 Chinese employees and 61 supervisory ratings of OCBs. Our results showed that relative to psychological contract breach, organizational identification plays a stronger mediating role in the association between job security and OCBs. Evidence from multi-group analyses also suggested employment status moderated the mediation mechanism of organizational identification between job security and OCB. Implications for job security and hybrid employment management are discussed. (shrink)

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 (...) and undeclared work revealed in court practice are discussed. The changing nature of employment, atypical workers and independent contractors create many problems for separation of these relations. (shrink)

Isaac Levi's new book develops further his pioneering work in formal epistemology, focusing on the problem of belief contraction, or how rationally to relinquish old beliefs. Levi offers the most penetrating analysis to date of this key question in epistemology, offering a completely new solution and explaining its relation to his earlier proposals. He mounts an argument in favor of the thesis that contracting a state of belief by giving up specific beliefs is to be evaluated in terms of the (...) value of the information lost by doing so. The rationale aims to be thoroughly decision theoretic. Levi spells out his goals and shows that certain types of recommendations are obtained if one seeks to promote these goals. He compares his approach to his earlier account of inductive expansion. The recommendations are for "mild contractions." These are formally the same as the "severe withdrawals" considered by Pagnucco and Rott. The rationale, however, is different. A critical part of the book concerns the elaboration of these differences. The results are relevant to accounts of the conditions under which it is legitimate to cease believing and to accounts of conditionals. Mild Contraction will be of great interest to all specialists in belief revision theory and to many students of formal epistemology, philosophy of science, and pragmatism. (shrink)

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 (...) understand the social contract. The book is not technical and requires no special background knowledge. As such, it could be enjoyed by students and professionals in a wide range of disciplines: political science, philosophy, decision theory, economics and biology. (shrink)

A powerful work of moral and political philosophy.The idea which I shall present here came to me more or less out of the blue. I was on a train some five years ago, on my way to spend a day at Headingley and I was reading a book about the death camp at Sobibor... The particular, not very appropriate, conjunction involved for me in this train journey... had the effect of fixing my thoughts on one of the more dreadful features (...) of human coexistence, when in the shape of a simple five-word phrase the idea occurred to me. In The Contract of Mutual Indifference, Norman Geras discusses a central aspect of the experience of the Holocaust with a view to exploring its most important contemporary implications. In a bold and powerful synthesis of memorial, literary record, historical reflection and political theory, he focuses on the figure of the bystander -- the bystander to the destruction of the Jews of Europe and the bystander to more recent atrocities -- to consider the moral consequences of looking on without active response at persecution and great suffering. Geras argues that the tragedy of European Jewry, so widely pondered by historians, social scientists, psychologists, theologians and others, has not yet found its proper reflection within political philosophy. Attempting to fill the gap, he adapts an old idea from within that tradition of enquiry, the idea of the social contract, to the task of thinking about the triangular relation between perpetrators, victims and bystanders, and draws a somber conclusion from it. Geras goes on to ask how far this conclusion may be offset by the hypothesis of a universal duty to bring aid. The Contract of Mutual Indifference is an original and challenging work, aimed at the complacent abstraction of much contemporary theory. It is supplemented by three shorter essays on the implications of the Jewish catastrophe for conceptions of human nature and progress and for certain types of Marxist explanation. (shrink)

This Article challenges Hanoch Dagan and Michael Heller’s choice theory of contract, according to which contract law is autonomy-enhancing. I make three points: first, the choice theory of contract cannot clarify the critical normative distinction between enforceable formal contracts and unenforceable informal promises. Second, I develop the roads/contract-types analogy: instead of promoting individuals’ autonomy and enhancing their choice among different projects, most contract types are justified by the preexisting preferences of citizens. Finally, I (...) outline a teleological justification of contract law that is different from that propounded by Dagan and Heller. On this view, contract law should remain neutral as to which conception of the good is commendable and provide individuals with the means of shaping and pursuing a conception of a good life. (shrink)

In ‘The Choice Theory of Contracts’, we advance a claim about the centrality of autonomy to contract. Since publishing Choice Theory, we have engaged dozens of reviews and responses; here, we reply to Robert Stevens, Arthur Ripstein, and Brian Bix. All this rigorous debate confirms for us one core point: contract’s ultimate value must be autonomy, properly understood and refined. Autonomy is the telos of contract and its grounding principle. In Choice Theory, we stressed the proactive facilitation (...) component of autonomy, in particular, the state’s obligation regarding contract types. Here, we highlight two additional, necessary implications of autonomy for contract: regard for future selves and relational justice. These three aspects of autonomy shape the range, limit, and floor, respectively, for the legitimate use of contract. They provide a principled and constrained path for law reform. (shrink)

The U.S. government embraces the concepts of privatization and market competition, but the realm of contracting shows that it has not always been able to put its principles into practice. Although the contracting system is supposed to be open and competitive, in recent years the government has often awarded contracts with little or no competitive bidding, has chosen to award mostly cost-plus type contracts that force the government to assume more of the risk, and lacked efficiency in monitoring and overseeing (...) private contractors. While the number and value of contracts have increased, the workforce to oversee these contracts has been reduced, preventing the government from adequately enforcing compliance with the contractors, and the government has not made use of past performance evaluations in its contracting system. Private contractors that do business with the U.S. government are for the most part well-established firms with ample resources and inside contacts; many contracts are still being awarded on preferential treatment and to the larger and well-established contractors. (shrink)

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 (...) suggest that people who employ ghostwriters for their assignments are likely to re-offend, and little is known about re-offence rates in this form of academic misconduct. We combined previously-collected datasets and conducted additional, and previously-unreported, analyses on self-report measures of contract cheating prevalence. We found that few students, on aggregate, ever engaged in contract cheating but this varied substantially among samples. Of those who ever engaged in contract cheating, 62.5% did so more than once. The data also suggested that engagement in contract cheating is influenced by opportunity. These figures may help policy makers, and researchers who are creating contract cheating detection methods, to estimate base rates of contract cheating and the likelihood of re-offence. (shrink)

This article explores the ways in which employers’ organizational networks, as shaped by the emergence of the “contract state” and related changes in the legal environment, affect employment practices. The classic analysis of the ways in which the legal environment benefits elites has successfully been applied to large organizations. Here, from a microsociological perspective, the authors researched how within an ambivalent legal context small and medium size cleaning companies interact with members of their organizational network. Semistructured interviews with (...) cleaning subcontractors illustrate a specific type of standardization process by which the Finance Ministry’s administrative guidelines encourage cleaning companies to ignore workers’ rights and develop illegal employment practices which are then transferred from contracts with state agencies to contracts with private firms purchasing services. The possibility to interpret this process as a form of state power is discussed. (shrink)

One way to construct a contraction operator for a theory (belief set) is to assign to it a base (belief base) and an operator of partial meet contraction for that base. Axiomatic characterizations are given of the theory contractions that are generated in this way by (various types of) partial meet base contractions.

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).

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 (...) research involving children. The 3 R's are supported by the investigator 5 A's: attitude, adaptability, availability, attachment, and appreciation. Although the principles seem clear in the abstract, implementation encounters many practical problems. Perhaps the most difficult of these is determining the appropriate amount of compensation that avoids undue inducement but not at the expense of the 3 R's and 5 A's. (shrink)

The study employs a sequential explanatory mixed-method design and aims to understand contract cheating behavior by conducting a survey of 1,081 undergraduate students in Indonesia and following up with five respondents to explore those results in more depth. In the first quantitative phase, we collected a variety of information from questionnaires about students’ practice with contract cheating. However, the interviews provided considerable depth of the students’ experiences, motivations, and attitudes toward contract cheating. Of the 1,081 participants, 73 (...) students (6.75%) reported engaging in contract cheating. The survey responses revealed preliminary insight into students’ experiences with contract cheating and the prevalence of this phenomenon in Indonesia. In the semi-structured interviews with a subsample of survey participants (n = 5), we applied the theory of planned behavior (TPB) to elicit attitudes, subjective norms, and perceived behavioral controls toward contract cheating. Our study revealed that students will have a higher chance of pursuing contract cheating when: (a) they believe that contract cheating provides various benefits (positive attitude toward contract cheating), (b) many of their friends are doing the same thing and expect them to do the same (subjective norms), and (c) they can control their contract cheating behavior to avoid being caught (perceived behavioral control). (shrink)

Contract and employment law have grown apart. Long ago, each side gave up on the other. In this Article, we reunite them to the betterment of both. In brief, we demonstrate the emancipatory potential of contract for the law of work. Today, the dominant contract theories assume a widget transaction between substantively equal parties. If this were an accurate description of what contract is, then contract law would be right to expel workers. Worker protections (...) would indeed be better regulated by—and relegated to—employment and labor law. But contract law is not what contract theorists claim. Neither is contract law what the dominant employment theorists fear—a domain that necessarily misses the constitutive place of work in people’s life-plans and overlooks the systemic vulnerability of workers to their employers. Contract, we contend, is not work law’s canonical “other.” Rightly understood, contract is an autonomy-enhancing device, one founded on the fundamental liberal commitment of reciprocal respect for self-determination. From this “choice theory” perspective, the presumed opposition between employment and contract law dissolves. We show that many employment law doctrines are not external to contract, but are instead entailed in liberal contract itself. Grounding worker protections in contract theory has two salutary effects. First, it offers workers more secure protection than that afforded by their reliance on momentary public-law compromises. Second, it reveals contract’s emancipatory potential for all of us—not just as workers, but also as widget buyers. Contract can empower, and employment can show the way. (shrink)