Following press disclosures in 1993 that U.S. government agencies had been using human subjects in tests and trials involving radioactive isotopes since the mid-1940s, a major national initiative to locate and declassify records concerning these tests was initiated. The U.S. Department of Energy, which led the declassification effort, pledged that a new “culture of openness” would attend the management of classified documents in the future. Following the attacks on the United States in September 2001, this momentum was reversed. Declassification (...) initiatives were delayed or terminated, and a significant portion of the many thousands of records about “human radiation experiments” during the 1940s and 1950s were removed from both online access, which had been in place since the mid-1990s, and from the public domain altogether. (shrink)

The theory of document acts is an extension of the more traditional theory of speech acts advanced by Austin and Searle. It is designed to do justice to the ways in which documents can be used to bring about a variety of effects in virtue of the fact that, where speech is evanescent, documents are continuant entities. This means that documents can be preserved in such a way that they can be inspected and modified at successive points (...) in time and grouped together into enduring document complexes. We outline some components of a theory of document acts, and show how it can throw light on certain problems in Searle’s ontology of social reality. (shrink)

Patient organizations increasingly play an important role in health care decision-making in Western countries. The Netherlands is one of the countries where this trend has gone furthest. In the literature some problems are identified, such as instrumental use of patient organizations by care providers, health insurers and the pharmaceutical industry. To strengthen the position of patient organizations government funding is often recommended as a solution. In this paper we analyze the ties between Dutch government and Dutch patient organizations to learn (...) more about the effects of such a relationship between government and this part of civil society. Our study is based on official government documents and existing empirical research on patient organizations. We found that government influence on patient organizations has become quite substantial with government influencing the organizational structure of patient organizations, the activities these organizations perform and even their ideology. Financing patient organizations offers the government an important means to hold them accountable. Although the ties between patient organizations and the government enable the former to play a role that can be valued as positive by both parties, we argue that they raise problems as well which warrant a discussion on how much government influence on civil society is acceptable. (shrink)

School-based education in England has undergone significant changes since 2010, with a huge expansion of academies, schools outside local authority control, funded directly by central government. Academies and local authority (LA) maintained schools are subject to different legislative and regulatory frameworks. This paper focuses on the governance of LA maintained schools, single academy trusts (SATs) and schools that are part of multi-academy trusts (MATs). The research involved analysing legislative provision, policy documents, and documents addressing the governance (...) arrangements of a sample of 23 secondary schools. Our findings reveal a fragmented state-funded secondary school system as regards overall governance, school admissions, the curriculum, and the use of funding. Significantly schools in MATs, which are governed by the trust board, lack the autonomy of either SATs or maintained schools and are instead under the ultimate control of the trust board. The paper argues that there is a need for greater consistency regarding the governance of state-funded schools. (shrink)

While ethical norms for conducting academic research in the United Kingdom are relatively clear, there is little empirical understanding of how university research ethics committees (RECs) themselves operate and whether they are seen to operate well. In this article, we offer insights from a project focused on the Scottish university context. We deployed a three-sided qualitative approach: (i) document analysis; (ii) interviews with REC members, administrators, and managers; and (iii) direct observation of REC meetings. We found that RECs have diverse (...) operation and vary in terms of what members understand to be the remit of their REC and what should constitute the content of ethics review. Overall, though, most participants perceive university RECs as operating well. When asked what they consider to be areas for further improvement, most commented on: implementation of an online system; more experience with how to evaluate various kinds of research projects; best practice exchange and training opportunities; more accurate reflection of the REC role as part of the university’s workload allocation model; and greater recognition of the importance of research ethics governance in the university’s research environment, and, for the members themselves, their career advancement. Based on our findings and subsequent discussions during an end-of-project roundtable with stakeholders, we propose a model of collaboration that can address some of the identified areas that could benefit from further improvement. This model would facilitate a heightened awareness of the importance of supporting REC members in their own effort in assisting students and staff alike in undertaking as ethically robust research as possible. (shrink)

Patient organizations increasingly play an important role in health care decision-making in Western countries. The Netherlands is one of the countries where this trend has gone furthest. In the literature some problems are identified, such as instrumental use of patient organizations by care providers, health insurers and the pharmaceutical industry. To strengthen the position of patient organizations government funding is often recommended as a solution. In this paper we analyze the ties between Dutch government and Dutch patient organizations to learn (...) more about the effects of such a relationship between government and this part of civil society. Our study is based on official government documents and existing empirical research on patient organizations. We found that government influence on patient organizations has become quite substantial with government influencing the organizational structure of patient organizations, the activities these organizations perform and even their ideology. Financing patient organizations offers the government an important means to hold them accountable. Although the ties between patient organizations and the government enable the former to play a role that can be valued as positive by both parties, we argue that they raise problems as well which warrant a discussion on how much government influence on civil society is acceptable. (shrink)

When governments introduce controversial policies or face a risk of policy failure, officeholders try to avoid blame and justify their decisions by using various legitimation strategies. This paper focuses on the ways in which legitimations are expressed in government social media communication, using the Twitter posts of the British government’s Brexit department as an example. We show how governments may seek legitimacy by appealing to (1) the personal authority of individual policymakers, (2) the collective authority of (political) organisations, (3) the (...) impersonal authority of rules or documents, (4) the goals or effects of government policy, (5) ‘the will of the people’, and (6) time pressure. The results suggest that official legitimations in social media posts tend to rely more on references to authority and shared values rather than presentation of evidence and sound arguments. (shrink)

Few scholars have explored the founding documents to identify the deliberate social change strategy that led to America's independence and a new form of government that was of, by, and for the people. This study aimed to apply a post-hoc polytheoretical framework of power to the findings of a democratic social change study to understand the dynamics of power between Great Britain and the American colonists. The original study employed the constructivist grounded theory tradition to explore democracy in the (...) Declaration of Independence, the Articles of Confederation, The Federalist Papers, and the United States Constitution. This produced two frameworks of power strategies, one empowering and the other demoralizing: principles of democracy and anti-democratic tenets. To gain a holistic perspective of the interplay of power, a polytheoretical framework of power consisting of theories of power proposed by Marx and Engels, Bourdieu, and Foucault was employed to discuss the findings. The findings suggested that democratic social change interacts with structural forces, culture, and power strategy selection. This could provide an alternative lens through which to explore whether people of color in America were used instrumentally to sustain democracy. (shrink)

BackgroundResearch has been an essential part of the COVID-19 pandemic response, including in Latin American (LA) countries. However, implementing research in emergency settings poses the challenge of producing valuable knowledge rapidly while upholding research ethical standards. Research ethics committees (RECs) therefore must conduct timely and rigorous ethics reviews and oversight of COVID-19 research. In the LA region, there is limited knowledge on how countries have responded to this need. To address this gap, the objective of our project is to explore (...) if LA countries developed policies to streamline ethics review and oversight of research in response to the pandemic while ensuring its adherence to ethical standards, and to analyze to what extent these governance frameworks are in accordance with international guidance.MethodsWe conducted a descriptive and exploratory study assessing the COVID-19 research ethics governance frameworks of 19 LA countries, considering 4 dimensions based on international COVID-19 ethics guidance documents: (i) ethics review organizational model adopted, (ii) measures to coordinate between RECs and other research stakeholders, (iii) operational guidance for RECs, and (iv) key ethical issues for review and oversight of COVID-19 research.Results10 out of 19 LA countries have some policy to streamline ethics review of COVID-19 research. Of these countries only 6 issued comprehensive documents following international guidance that contemplate strategies with recommendations for concrete actions for a timely and rigorous review.ConclusionLA countries adopted partial strategies and operational guidance that may demonstrate a lack of a comprehensive view of research ethics for the review and oversight of COVID-19 research. Continuing efforts should be directed to strengthen LA countries' research capacity to respond timely and ethically to future health emergencies. Past lessons and the ones from this pandemic should be the basis to develop international standards and operational guidelines for ethics review and oversight of any research for public health emergencies. (shrink)

This study examines the influence of firm governance structures (board size, independence, CEO duality, director share ownership, and board meeting frequency) in relation to carbon emission disclosures by high-polluting Chinses firms. In addition, the study further examined the moderating role of earnings management on this relationship. In line with stakeholder and agency theories, our study identified that the large and independent boards exercise and demonstrate a higher degree of carbon emission disclosures. However, CEO duality and director share ownership are (...) associated with lower carbon emission disclosures. In addition, the study determined that higher earnings management results in a reduced level of carbon emission disclosures. Lastly, a firm earnings management strategy moderates the relationship between a firm governance structure and its carbon emission disclosures. The findings from the study are consistent with multiple econometric models and variables. The findings from the study contribute to the literature in the areas of firm corporate governance and carbon emission disclosures by documenting the moderating role of earnings management, which is not evident in previous studies; provide an enhanced perspective on the implications for firms, regulators, policymakers, and stakeholders who have an interest in reducing carbon emissions and advancing climate change mitigation goals in line with UN's Sustainable Development Goal (SDG) 7: climate action, and zero emissions goal by 2050. (shrink)

In Documentality, Maurizio Ferraris argues that documents are at the heart of social institutions. Taking this notion as a cue, this piece considers a key organisation in the resistance to state violence and Pinochet's dictatorship in Chile, the Vicaría de la Solidaridad, and focuses on the remarkable document where the desperate stories of people detained, disappeared and murdered following the coup in 1973 were recorded. This process of registration adopted an overtly rational, administrative response akin to the ‘bio-political’ modes (...) of governing life that Foucault described. As such, it was also built upon a refusal to allow the lives of a section of the population to be cast as without value. Moreover, it ‘deferred’ to a future, in which such documentation would be an invaluable record of injustice. Its legacy is not confined to legal forums, however; academic work and Nicolás Franco's artwork La Sábana have also emerged. (shrink)

Minority governments in parliamentary democracies are conventionally considered to be unstable and ineffective aberrations from the principle of majority rule. Through analysis of over 350 postwar governments, the author shows that minority governments are neither exceptional nor unstable but in fact a common feature of parliamentary democracies and frequently perform as well as, or better than, majority coalitions. Using the Italian and Norwegian governments as case studies, he suggests that minority governments are particularly likely to form when parties anticipate competitive (...) elections and when opposition parties are able to influence legislative decisions. As an attempt to document and explain a very common form of government in parliamentary democracies, this book will contribute significantly to the understanding of the importance of electoral competition in democratic politics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 249 Girolamo Balduino: Ricerche sulla logica della Scuola di Padova nel Rinascimento. By Giovanni Papuli. (Bark Lacerta, Universith di Bari, Pubblicazioni dell'lstituto di filosofia, 12, 1967. Pp. 313. no price.) The philosophers at the University of Padua during the late Middle Ages and Renaissance arc attracting much renewed interest. This study makes accessible again the logical philosophy of Girolamo Balduino, professor at Padua during the second quarter (...) of the sixteenth century. Like other thinkers of his period, 13alduino follows the logic of Aristotle, and looks for progress within the ancient and mediaeval tradition, not for radically new doctrines. He continues the traditional interpretation of Aristotle by Averroes, for whom logic is only an instrumental habitus, a tool or method of demonstration. About the final contribution of the school of Padua to the improvement of Aristotelian logic was the doctrine of regressive demonstration, where demonstration terminates in or discloses the definition. Zabarella's well-known teaching on this point seems to be derived entirely from Balduino. Contrary to the interpretation of Cassirer, followed by Randall, this regressive demonstration is not a universal method of inquiry and is not at all like, and not the historical source of, the new method of Galileo. Papuli's book is solidly based on the original Latin texts, in notes, which are of great value in view of the fact that Balduino's works have been out of print since 1573. Not all of Papuli's interpretations are beyond criticism (e.g., p. 296), but he has done a service in enabling us to reestablish contact with one of the last significant commentators on Aristotle's logic. PAUL J. W. MILLER University of Colorado Documents sur la vie de Jules-Cdsar Vanini de Taurisano. By Emile Namer. (Bari: Adriatica Editrice, n.d.=Univcrsith degli Studi di Bari, Pubblicazioni delFIstituto di Filosofia, II serie, Testi e Documenti, I. Pp. 196+22 facsimile illustrations) Giulio Cesare Vanini (1585-1619) ranks with Giordano Bruno as a modern hero of freedom of philosophical expression. He was tortured and then burned at the stake in Toulouse at the age of thirty-four, because of the unorthodoxy of his views. For this reason, he has drawn more attention than is perhaps deserved on the basis of his rather mediocre writings, which are little more than a tissue of plagiarisms culled from Pomponazzi, Cardano, J. C. Scaliger, and others. In this volume, Emile Namer has collected the scattered documents dealing with Vanini's life and activities. This is a valuable service, for it should enable scholars to disentangle fact from fiction and reality from myth. There has been so much heated discussion regarding Vanini that it is now time that someone should attempt to establish the precise facts and to reevaluate Vanini's place in intellectual history. In the past, writings about him have been governed more often by emotion than by reason. Namer prints documents from Naples, London, Paris, Simancas, and Toulouse. Some of these have been printed before in various journal articles, but it is valuable to have them all together in a single volume. In addition, he prints relevant excerpts concerning--as one of them put it--le douzi~me apostre de Satan, including material from Mersenne, Garasse, and others. He also includes a series of facsimiles of sample pages from the documents which he prints. All in all Namer's work is competently 250 HISTORY OF PHILOSOPHY done, though perhaps a bit more annotation to put the documents in historical perspective would have been desirable. In any case this little volume must be one of the bases for any future serious biographical or interpretative studies dealing with Vanini. Moreover, it shouM also be useful for scholars dealing with more general questions of seventeenth-century intellectual, religious, and social history. Unfortunately, there is no index, nor bibliography of earlier literature on Vanini, and the Introduction is perhaps too brief to orient the reader who has little previous knowledge of Vanini. CHARLES B. SCHMITT University oJ Leeds Tommaso Campanella: Renaissance Pioneer o[ Modern Thought. By Bernardino M. Bonansea. (Washington: Catholic University of America Press, 1969. Pp. xi 421. $14.50) This excellent critical study of the life and... (shrink)

Government whistleblowers are those who disclose classified government documents in violation of the law but do so to bring to light serious government wrongdoing. Scholarly debates have identified...

Existing social disparities in the United States are inconsistent with the promise of democracy; therefore, there was a need for critical conceptualization of the first principles that undergird American democracy and the genesis of democratic social change in America. This constructivist grounded theory study aimed to construct a grounded theory that provides an understanding of the process of American democratic social change as it emerged from the nation’s founding documents. A post hoc polytheoretical framework including Foucault’s, Bourdieu’s, and Marx (...) and Engels’s theories of power was used to understand power dynamics. The research question focused on understanding the process of democratic social change in America. The sample comprised the Articles of Confederation, the U.S. Declaration of Independence, The Federalist Papers, and the U.S. Constitution. The documents were retrieved from the National Archives and Library of Congress. The data analysis plan incorporated successive comparison, situational and dramaturgical analysis, deconstruction, and perspective taking as strategies. The result was the construction of a democratic social change process theory preceded by five grounded theories: (a) first principles of democracy, (b) first principles of democracy conceptual framework, (c) socio-ethical principles of democracy, (d) demoralizing process, and (e) either-or approach to democracy. Positive social change implications include applying a democratic social change process to future social change endeavors across domains and levels of analysis, a normative framework for a republican form of government, and a tool to analyze and minimize the latent consequences of social justice policies. (shrink)

The present study investigates the interrelationship of corporate governance parameters like board independence and corporate board meetings. The other important control variables like age, leverage, firm's liquidity and size of the firm have been employed to analyse the alliance between corporate governance, vertical agency cost and performance of the firm. The study considers data corresponding to a panel of 76 non-financial firms during 2010-2019 listed in the National Stock Exchange, India. The study tries to empirically evaluate the association (...) between corporate governance parameters and performance of the firm. By selecting the static panel data regression, researchers found no significant impact of corporate board meeting and board independence on firm performance. The study also documents a positive and significant relationship between board independence and asset utilisation ratio. Further, corporate board meetings have a negative relationship with vertical agency crisis. (shrink)

This essay provides an overview of the prescriptions advanced by the Han-era Documents classic, since it was indisputably the Documents that served as the chief guide to political philosophy in the early empires for members of the elite with the requisite high cultural learning. It presents the authoritative pronouncements of the Documents on a number of key issues, such as, Who has the legitimacy to rule? How shall the good ruler and his officials act to retain legitimacy? (...) What is the best form of government? How are punishments to be applied? How are taxes and tribute, domestic and foreign policy, to be administered? It prescribes actions to further the virtues of foresightedness, compassion, and fairness. (shrink)

The study is aimed to test the governing-law anchor in the comparative analysis of legal terminology to harmonize the clash of legal cultures in legal translation. It is considered as an adjustment to a juritraductological approach to legal translation which invites legal translators to merge the tools of jurilinguistics, comparative law and traductology in the comparative analysis of legal concepts before selecting a suitable translation solution (Monjean-Decaudin, in: Research methods in legal translation and interpreting, Routledge, 2019). Rather than transposing a (...) text from a source law system to a target law system, legal translators are believed to operate in the bi-semiotic environment of two legal cultures as navigators of their recipients toward understanding the legal concepts under the governing law of the document. To this end a comparative conceptual analysis, that correlates with the parametrization method (Matulewska in Stud Logic Gramm Rhetor 45:161–174, 2016), should be anchored in the analysis of the source law concepts (Šarčević in New Approach to Legal Translation, Kluwer Law International, The Hague, 2000). First, the componential and taxonomic analyses were used to identify conceptual markers/parameters of source concepts to serve as tertia comparationis for the subsequent search of their functional equivalents in the target legal culture. Source concepts and their functional equivalents were subsequently subject to a comparative componential analysis aimed to reveal a degree of their match based on which coinage operations were activated in selecting suitable translation strategies. We hypothesized that the change in the governing-law perspective would trigger changes in translation solutions. The governing-law-anchored process of comparative analysis was detailed and exemplified by the analysis of the conceptual field of Homicide in the Slovak law, English law, and the US Model Penal Code. (shrink)

Freedom of information laws promote transparency by permitting individuals and organizations to obtain government documents. However, exemptions from disclosure are necessary to protect privacy and to permit government officials to deliberate freely. Deliberative language is often the most challenging and burdensome exemption to detect, leading to high processing costs and delays in responding to open-records requests. This paper describes a novel deliberative-language detection model trained on a new annotated training set. The deliberative-language detection model is a component of a (...) decision-support system for open-records requests under the US Freedom of Information Act, the FOIA Assistant, that ingests documents responsive to an open-records requests, suggests passages likely to be subject to deliberative language, privacy, or other exemptions, and assists analysts in rapidly redacting suggested passages. The tool’s interface is based on extensive human-factors and usability studies with analysts and is currently in operational testing by multiple US federal agencies. (shrink)

Over the past decade higher education policy in England has gradually switched from a stance of 'government as purchaser' to 'government as informer'. During 2012 this policy stance has been intensified through new requirements for the advice provided by schools and the introduction of 'Key Information Sets' which are intended to 'drive up quality' through informed choice. This paper documents this policy shift and subjects it to critical scrutiny.

Although big-data research has met with multiple controversies in diverse fields, political and security implications of big data in life sciences have received less attention. This paper explores how threats and risks are anticipated and acted on in biobanking, which builds research repositories for biomedical samples and data. Focusing on the biggest harmonisation cluster of biomedical research in Europe, BBMRI-ERIC, the paper analyses different logics of risk in the anticipatory discourse on biobanking. Based on document analysis, interviews with ELSI experts, (...) and field research, three types of framing of risk are reconstructed: data security, privacy, and data misuse. The paper finds that these logics downplay the broader social and political context and reflects on the limits of the practices of anticipatory governance in biobanking. It argues that this regime of governance can make it difficult for biobanks to address possible future challenges, such as access to biomedical data by authorities, pressures for integrating biobank data with other type of personal data, or their use for profiling beyond medical purposes. To address potential controversies and societal implications related to the use of big data in health research and medicine, the paper suggests to expand the vocabulary and practices of anticipatory governance, in the biobanking community and beyond. (shrink)

The institutions we create shape many of the activities we engage insofar as they are pervasive entities in our society. In an era full of new technologies, including the semantic web, there is a movement toward sound conceptual modeling for socio-technical solutions applied to government institutions. To develop these complex solutions, one needs to deepen the ontological status of entities in the institutional domain, because literature is full of ambiguous and ad-hoc hypotheses about distinctions between public and private corporations. We (...) believe we can find better explanations for such distinctions in the interdisciplinary field of library a information science. Within an ongoing semantic web project, we focus on a study case of official documents. First, we analyze theories about public and private corporations, seeking a reliable on‘tological distinction between them; then, by focusing on documents produced by each type of corporation, we hope to provide a well-founded analysis. Second, we adopt the aforementioned theories and the new analysis as recommendations for the improvement for the access and understanding of public documents, through appropriate classification of them within government information systems. This project, ultimately, aims to maximize the transparency of public government documents by favoring retrieval and comprehension by a society with plenty of automated information systems. (shrink)

Government transparency and accountability during Covid 19: The data underpinning decisions.

BackgroundNursing documentation as a pivotal part of nursing care has many implications for patient care in terms of safety and ethics.ObjectivesTo explore factors influencing nursing documentation from nurses’ perspectives in the Iranian nursing context.MethodsThis qualitative study was carried out using a qualitative content analysis of data collected from 2018 to 2019 in two urban areas of Iran. Semi-structured interviews (n = 15), observations, and reviews of patients’ medical files were used for data collection.Ethical considerationsThis study was conducted in accordance with (...) the ethical principles of research and regulations in terms of confidentiality of data, anonymity, and provision of informed consent.FindingsThe main theme of this study was “unsafe documentation.” Two categories, “types of errors in reporting” and “reasons of errors in reporting,” and 12 subcategories were developed indicating factors influencing nursing documentation in the Iranian nursing context.ConclusionIn general, individual, organizational, and national factors affected nursing documentation in Iran. In this respect, hiring more nurses, application of reforms in the healthcare management structure, devising appropriate regulations regarding division of labor, constant education of healthcare staff, establishment of clinical governance, improvement of interpersonal relationships, development of hardware and software techniques for documentation, and provision of support should be done to improve the quality of nursing documentation. The above-mentioned suggestions can help nurses with a safe, ethical, lawful, and reliable documentation in nursing practice. (shrink)

This study looks at how the corporate governance of family-owned business groups, the most dominant form of private sector organising in Asia, deals with different forms of corruption during the course of common business transactions. As a part of an ethnographic study conducted in 2007 to look at the impact of corporate governance reforms in the Philippines, one of the emergent themes from the study was the presence of significant corruption in the business environment of the country. A (...) total of 40 semi-structured interviews were conducted with board members from business groups and senior public sector officials supplemented by document analysis of media articles and other text and participant observation. Using Rose-Ackerman’s typology of petty and grand corruption, results show the dilemmas faced when trying to operate within the precepts of corporate governance whilst dealing with the practical reality of corruption in public sector institutions. The results of the study provide empirical evidence into corruption’s impact on Asian business groups and contribute to knowledge on the links between strong institutions and the efficacy of corporate governance. (shrink)

In this essay I analyze some conceptual difficulties associated with the demand that global institutions be made more democratically accountable. In the absence of a world state, it may seem inconsistent to insist that global institutions be accountable to all those subject to their decisions while also insisting that the members of these institutions, as representatives of states, simultaneously remain accountable to the citizens of their own countries for the special responsibilities they have towards them. This difficulty seems insurmountable in (...) light of the widespread acceptance of a state-centric conception of human rights, according to which states and only states bear primary responsibility for the protection of their citizens' rights. Against this conception, I argue that in light of the current structures of global governance the monistic ascription of human rights obligations to states is no longer plausible. Under current conditions, states are bound to fail in their ability to protect the human rights of their citizens whenever potential violations either stem from transnational regulations or are perpetrated by non-state actors. In order to show the plausibility of an alternative, pluralist conception of human rights obligations I turn to the current debate among scholars of international law regarding the human rights obligations of non-state actors. I document the various ways in which these obligations could be legally entrenched in global financial institutions such as the WTO, the IMF and the World Bank. These examples indicate feasible methods for strengthening the democratic accountability of these institutions while also respecting the accountability that participating member states owe to their own citizens. I conclude that, once the distinctions between the obligations to respect, protect and fulfill human rights are taken into account, no conceptual difficulty remains in holding states and non-state actors accountable for their respective human rights obligations. (shrink)

This study looks at how the corporate governance of family-owned business groups, the most dominant form of private sector organising in Asia, deals with different forms of corruption during the course of common business transactions. As a part of an ethnographic study conducted in 2007 to look at the impact of corporate governance reforms in the Philippines, one of the emergent themes from the study was the presence of significant corruption in the business environment of the country. A (...) total of 40 semi-structured interviews were conducted with board members from business groups and senior public sector officials supplemented by document analysis of media articles and other text and participant observation. Using Rose-Ackerman’s typology of petty and grand corruption, results show the dilemmas faced when trying to operate within the precepts of corporate governance whilst dealing with the practical reality of corruption in public sector institutions. The results of the study provide empirical evidence into corruption’s impact on Asian business groups and contribute to knowledge on the links between strong institutions and the efficacy of corporate governance. (shrink)

The article is devoted to the changes in the conceptual understanding of the institution of local self-government that has been taking place in the last three decades. The submission to the State Duma of the Russian Federation of the Draft Federal Law «On the general principles of the organization of local self-government in the unified system of public authority», which took place at the end of 2021, allows analyzing the trajectory of the development of the institute of local self-government in (...) post-Soviet Russia from the point of view of a more global time and conceptual perspective. The purpose of this work is to identify the trajectory of the development of the conception of local self-government in RF. Research attention is focused on identifying the conception of local self-government formulated in official documents, a gradual change in the conceptual interpretation of this institution. It is shown that the main shiftin the conceptual understanding of local self-government occurs along the axis of institutional independence / institutional dependence of local self-government on state authorities. The development of the conceptual understanding of local self-government in post-Soviet Russia proceeds along the trajectory from a public concept (local self-government as an independent activity) to a state one (local self-government as a form of exercising power) and to a hyperstate one (local self-government as a link in a unified system of exercising authority). (shrink)

Widely read for its insights into history and politics, The Prince is one of the most provocative works of the Italian Renaissance. Based on Niccoló̀ Machiavelli's observations of the effectiveness of both ancient and contemporary statesmen, the rules for governing set forth in his manual were considered radical and harsh by his contemporaries, and they have been thought shocking to many since then. William J. Connell's lucid introductory essay and translations of important related documents offer fresh insights into Machiavelli's (...) life, the meaning of his work, the context in which he wrote, and his book's influence over time. Document headnotes, maps, a chronology of Machiavelli's life and career, questions for consideration, a selected bibliography, and an index provide further pedagogical support. For this new edition, the translation has been revised from top to bottom to reflect recent advances in our knowledge of the text in the original Italian and the circumstances of its composition. (shrink)

Although US and European research has documented improvement in earnings quality associated with corporate governance characteristics, the situation in Latin America is questionable, given the business environment in which firms operate, which is characterized by controlling family ownership and weak legal protection. The purpose of this study is to examine the relation between the internal mechanisms of Corporate Governance and Earnings Management measured by discretionary accrual. We use a sample of listed Latin American non-financial companies from the period (...) 2006–2009. Our results show how in the Latin American context the role of external directors is limited and that Boards which meet more frequently take a more active position in the monitoring of insiders, so showing a lower use of manipulative practices. In addition, we find a non-linear relation between insider ownership and discretionary accruals, also pointing to the fact that ownership concentration may be a manipulative practices constrictor mechanism only when the ownership of main shareholders is moderate. The findings have important policy implications since this is, to the best of our knowledge, the first study to analyze the relation between the effectiveness of the government and the earnings management behavior. As policy implications, we document how when a country implements controls aimed at reducing corruption, strengthening the rule of law or improving the effectiveness of government, this leads to a reduction in firm earnings management. (shrink)

The rapid adoption of digital technologies has revolutionized business operations and introduced emerging concepts such as Digital Twin (DT) technology, which has the potential to predict system responses before they occur, making it an attractive option for smart and sustainable tourism. However, implementing DT software systems poses significant challenges, including compliance with regulations and effective communication among stakeholders, and concerns surrounding security, privacy, and trust with the use of big data. To address these challenges, this paper proposes a documentation framework (...) for architectural decisions (DFAD) that applies the concept of big data governance to the digital system. The framework aims to ensure accountability, transparency, and trustworthiness while adhering to rules and regulations. To demonstrate its applicability, a case study and three case scenarios on the potential use of Mobile Positioning Data (MPD) in Indonesia for DT technology in smart and sustainable tourism were examined. The paper highlights the benefits of DFAD in shaping stakeholder communication and human–machine interactions while leveraging the potential of MPD to measure tourism statistics by Statistics Indonesia since 2016. Not only the documentation framework promotes compliance with regulations, but it also facilitates effective communication among stakeholders and enhances trust and transparency in the use of big data in DT technology for smart and sustainable tourism. This paper emphasizes the importance of effective big data governance and its potential to promote sustainable tourism practices. The multidisciplinarity approach on political science, software engineering, tourism, and official statistics provides an opportunity for academic contribution and decision-making processes. (shrink)

In this paper the border is evaluated as a fold of power relations in which sovereign capacity and competence is marshalled alongside strategies of control, surveillance, and risk management to constitute, what we call, a zone of frontier government. We advance the argument that the border is a site for both negative and positive power, for insertion and subtraction, and that the assemblage of surveillance and compliance regimes are "run" not so much in the furtherance of a precautionary or pre-emptive (...) end-state, but as intermediate values that are sufficiently malleable by an invigorated sovereign, expressed in the residue of discretion in and between the many border agencies. Our analysis is based on extensive policy and program documents, as well as twenty-five interviews with officials in various agencies engaged in the US-Canada and, particularly, the Windsor-Detroit corridor. Normal 0 false false false EN-CA X-NONE X-NONE. (shrink)

:This essay argues for what may be called the parity thesis: Whenever it would be morally permissible to kill a civilian in self-defense or in defense of others against that civilian's unjust acts, it would also be permissible to kill government officials, including police officers, prison officers, generals, lawmakers, and even chief executives. I argue that in realistic circumstances, violent resistance to state injustice is permissible, even and perhaps especially in reasonably just democratic regimes. When civilians see officials about to (...) commit certain severe injustices — such as police officers engaging in excessive violence — they may sometimes act unilaterally and kill the offending officials. I consider and rebut a wide range of objections, including objections against vigilantism, objections based on state legitimacy, and objections that violence can produce bad fallout. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.WHEN MAY WE KILL GOVERNMENT AGENTS? IN DEFENSE OF MORAL PARITYVolume 32, Issue 2Jason Brennan DOI: https://doi.org/10.1017/S0265052516000108Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. WHEN MAY WE KILL GOVERNMENT AGENTS? IN DEFENSE OF MORAL PARITYVolume 32, Issue 2Jason Brennan DOI: https://doi.org/10.1017/S0265052516000108Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. WHEN MAY WE KILL GOVERNMENT AGENTS? IN DEFENSE OF MORAL PARITYVolume 32, Issue 2Jason Brennan DOI: https://doi.org/10.1017/S0265052516000108Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

There are increasing concerns that research regulatory requirements exceed those required to manage risks, particularly for low- and negligible-risk research projects. In particular, inconsistent documentation requirements across research sites can delay the conduct of multi-site projects. For a one-year, negligible-risk project examining biobank operations conducted at three separate Australian institutions, we found that the researcher time required to meet regulatory requirements was eight times greater than that required for the approved research activity. In total, 76 business days were required to (...) obtain the necessary approvals, and site-specific processes required twice as long as primary Human Research Ethics Committee and Research Governance Office processes. We describe the impact of this administrative load on the conduct of a one-year, externally-... (shrink)

The new lesson for banking sector came on March 10th 2023, when the bank, which had $212bn of assets, failed with spectacular speed, making it the biggest lender to collapse since the global financial crisis of 2007–2009. By loading up on long-term bonds, Silicon Valley Bank (SVB) had taken an enormous unhedged bet on interest rates staying low. That bet went wrong, leaving the bank insolvent. The analysis of selected reports, data in conjunction with the analysis of financial documents (...) are to indicate the areas of threats related to the privileged treatment of government bonds in banks’ balance statements. As a result of the analysis, the negative consequences of the accumulation of government bonds in banks’ balance sheets and their preferential treatment as zero-riskand background of series of events unfavorable for the bank were indicated. The collapse has been presented as an example of a misguided strategy. The new reality teaches that safe securities, such as government bonds, can no longer be considered as safe. The result of the analysis is to show the possibility of the prediction of not enough liquid assets to satisfy deposit withdrawals and confluence of events caused higher risk. (shrink)

Biobanking of human tissues is associated with a range of ethical, legal, and social (ELS) challenges. These include difficulties in operationalising informed consent protocols, protecting donors’ privacy, managing the return of incidental findings, conceptualising ownership of tissues, and benefit sharing. Though largely unresolved, these challenges are well documented and debated in academic literature. One common response to the ELS challenges of biobanks is a call for strong and independent governance of biobanks. Theorists who argue along these lines suggest that (...) since fully informed consent to a single research project is often not feasible, research participants should be given the additional protection of being allowed to consent to the governance framework of the biobank. Such governance therefore needs to be transparent and ethically sustainable. In this paper we review the governance challenges of establishing and maintaining human tissue biobanks. We then discuss how the creation of a biobank for eggs and embryos, in particular, may introduce additional or unique challenges beyond those presented by the biobanking of other human tissues. Following previous work on biobank governance, we argue that ethically sustainable governance needs to be participatory, adaptive, and trustworthy. (shrink)

Sociologists have long studied the ways people resist oppression but have devoted far less empirical attention to the ways people resign to it. As a result, researchers have neglected the mechanisms of resignation and how people narrate their lived experiences. Drawing on 81 interviews with parents with past child protective services cases, this article provides an empirical account of resignation in an institutional setting, documenting how parents understand relinquishing their rights as a process of personalization, calculation, or socialization. Phenomenologically, parents (...) typically confronted multiple barriers and setbacks simultaneously, the combined weight of which pressured them to “give up,” interpreting structural and institutional pressures as individual choice. This article accordingly identifies resignation as a crucial feature of democratic governance. (shrink)

Over the last several years, the environmental regulatory system has undergone radical changes. Various private normative schemes, ranging from corporate codes to environmental management systems, environmental reporting standards, project-finance codes and green indexes, have assumed an increasingly important role in the regulatory arena. The emergence of private environmental governance as an important transnational phenomenon raises two interrelated puzzles: efficacy and legitimacy. Underlying the efficacy puzzle is a deep-seated suspicion toward "soft" legal instruments, which to some observers represent nothing but (...) a coordinated form of "greenwash." The legitimacy question reflects a contrary concern — that these private regulatory structures represent new forms of global authority that are in need of distinctive legitimization. The Article begins with an outline of this new global terrain, exploring its historical evolution. It argues that the multiple links and cross-sensitivities between the different global private regimes have created a novel ensemble regulatory structure with positive enforcement and normative externalities. The Article then moves to examine the question of efficacy more generally, developing a nuanced understanding of the social dynamic of "soft-law" regulation, which rejects the binary logic underlying the "soft law"-"greenwash" narratives. Regarding the political dimension, the Article argues that this new ensemble network has brought about a new transnational political sphere which is associated with an extensive, cross-institutional quest for legitimacy. The Article then turns its focus to the field of sustainability indexes, focusing on the two leading global indexes: FTSE4Good Index Series and Dow Jones Sustainability Indexes. These indexes are taken as a prototypical case of transnational private ordering. Drawing on a close analysis of the indexes’ guiding documents and on interviews with senior executives from both organizations, the Article considers the unique features of these indexes as forms of governance and the paths through which they claim to affect society. It then moves to explore the mechanisms of legitimacy employed by FTSE4Good and DJSI, highlighting their distinctive visions of legitimization. A close examination of sustainability indexes generates insights, I will argue, regarding the field of private global environmental governance as a whole. In particular, it highlights both the new political opportunities created by the evolving network of transnational governance and the limits this new structure sets for radical critique. (shrink)

Objective To obtain information about the similarities and differences in regulating different types of medical research in the European Union .Methods Web searches were performed from September 2009 to January 2011. Notes on pre-determined topics were systematically taken down from the web pages. The analysis relied only on documents and reports available on the web, reflecting the situation at the end of 2010.Results In several countries, regulatory legislation applied only to clinical trials on drugs and medical devices, in other (...) states various types of research were also regulated but by laws different from those concerning trials, and in many countries, some research areas were not controlled by legislation at all. In very few countries was all medical research handled similarly from a legal point of view. The number of research ethics committees in a single country varied from one to 264. Their areas of responsibility, working principles and length of time to grant research permission varied as well as the rules for obtaining informed consent from vulnerable groups. In 10 EU countries, there was no appeal mechanism after a negative decision by an REC. The RECs were not accountable to any organisation in five EU countries.Conclusions There is a need for a fundamental debate regarding whether and which kinds of changes are needed for the further harmonisation of medical research governance in the EU and how cross-country medical research could be facilitated in the future. (shrink)

Although guidelines to regulate user involvement in research have been advocated and implemented for several years, literature still describes the process as challenging. In this qualitative study, we take a critical view on guidelines that are developed to regulate and govern the collaboration process of user involvement in research. We adapt a social constructivist view of guidelines and our aim is to explore how guidelines construct the perception of users and researchers and thus the process of involvement. Twenty‐two guidelines published (...) between 2006 and 2019 were analyzed iteratively. The analysis focuses on values which are emphasized in the guidelines on the distribution of entities, knowledge, and tasks between users and researchers. The analysis indicates that users and researchers are constructed differently; researchers are mainly constructed as responsible initiators and caretakers, while users are constructed as powerless and vulnerable. The guidelines portray the collaboration process as harmonious and assume a normative perspective. In doing so, challenges described in the literature related to power imbalances are not addressed. Based on these findings, we ask if these guidelines might function to maintain existing power imbalances between users and researchers. (shrink)

Prior to its election to office in 2007, the Australian Labor Party announced a commitment to introduce Trade Training Centres (TTCs) into all Australian secondary schools as an initiative of its Education Revolution. TTCs were proposed as a key element of Federal Labor's education and training policy that aimed to manage future risks to Australia's competitiveness in the emerging global economy and to support school-to-employment transitions for young people. This analysis adopts a governmentality framework to conceptualise the Federal Government's introduction (...) of TTCs alternatively as a key strategy for nationalising social investment politics in Australia. The paper draws on recent Australian policy documents to argue that TTCs are social technologies that work to open up social spaces in and around schools for governing relationships between schools and other community stakeholders, particularly businesses and families. The paper concludes by examining policy implications, including those of social justice, for promoting school community partnerships through TTCs. (shrink)

In this article, we document the growing influence of non-governmental organizations (NGOs) in the realm of socially responsible investing (SRI). Drawing from ethical and economic perspectives on stakeholder management and agency theory, we develop a framework to understand how and when NGOs will be most influential in shaping the ethical and social responsibility orientations of business using the emergence of SRI as the primary influencing vehicle. We find that NGOs have opportunities to influence corporate conduct via direct, indirect, and interactive (...) influences on the investment community, and that the overall influence of NGOs as major actors in socially responsible investment is growing, with attendant consequences for corporate strategy, governance, and social performance. (shrink)

When governments introduce controversial policies that many citizens disapprove of, officeholders increasingly use discursive legitimation strategies in their public communication to ward off blame. In this paper, we contribute to the study of blame avoidance in government social media communication by exploring how corpus-assisted discourse analysis helps to identify three types of common legitimations: self-defensive appeals to personal authority of policymakers, impersonal authority of rules or documents and goals or effects of policies. We use a specialised corpus of tweets (...) by the Brexit department of the British government which we analyse both qualitatively and quantitatively. We demonstrate how the analysis of lexical bundles that characterise each type of legitimation might provide a new avenue for identifying the presence, characteristics and uses of these legitimations in larger datasets. (shrink)

For Aristotle, virtues are neither transcendent nor universal, but socially interdependent; they need to be understood chronologically and with respect to character and context. This paper uses an Aristotelian lens to analyse an especially interesting context in which to study virtue—the state’s response when social order breaks down. During such periods, questions relating to right action by citizens, the state, and state agents are pronounced. To study this, we analyse data from interviews, observation, and documents gathered during a 3-year (...) study of riot policing in the U.K. In doing so, we contribute by joining a number of other conversations within JBE, suggesting detailed empirical examination of this context is useful in opening up considerations relevant to ‘virtue’ elsewhere. This extreme context helps us raise interesting and empirically informed questions that can encourage future theoretical and empirical contributions to virtue in business ethics. One such question is on the role of habituation in virtue, which is not just the inculcation of a reflex or automaticity, but can also refer to a trained and developed tendency to behave in the right way, for the right reasons, at the right time. Whilst we stop short of a simplistic alignment of habituation and virtue, we show ways in which it can inform understanding of both courage and phronēsis. (shrink)

This article draws on the sociology of expectations to examine the construction of expectations of ‘ethical AI’ and considers the implications of these expectations for communication governance. We first analyse a range of public documents to identify the key actors, mechanisms and issues which structure societal expectations around artificial intelligence and an emerging discourse on ethics. We then explore expectations of AI and ethics through a survey of members of the public. Finally, we discuss the implications of our (...) findings for the role of AI in communication governance. We find that, despite societal expectations that we can design ethical AI, and public expectations that developers and governments should share responsibility for the outcomes of AI use, there is a significant divergence between these expectations and the ways in which AI technologies are currently used and governed in large scale communication systems. We conclude that discourses of ‘ethical AI’ are generically performative, but to become more effective we need to acknowledge the limitations of contemporary AI and the requirement for extensive human labour to meet the challenges of communication governance. An effective ethics of AI requires domain appropriate AI tools, updated professional practices, dignified places of work and robust regulatory and accountability frameworks. (shrink)

For students of the poet, Robert Fallon's _Milton in Government_ fills a gap in modern knowledge of his life, the ten years he labored as Secretary for Foreign Languages to the English Republic. For Interregnum historians, the book offers a study of the international affairs of the Republic from a unique perspective, as well as a detailed analysis of the government bureaucracy that conceived and articulated foreign policy during the 1650s. Milton's decade of public service to the English Republic, and (...) the collection of State Papers which are the product of those years, have been either misunderstood or largely ignored by Miltonists, and their influence upon his poetry all but dismissed. Making extensive use of the State Papers Foreign in the Public Record Office, hitherto overlooked by literary scholars, and the Calendar of State Papers Domestic, Fallon offers the first definitive description of the poet's place in government. He finds Milton to be an indefatigable and highly knowledgeable public servant, closely involved in the expression of foreign policy, and responsible for many more documents than have been previously ascribed to him. His State Letters reveal him as a man intimately aware of international events, a consideration which leaves little doubt that his experience in government had a significant influence on his creative imagination. Fallon also provides a reading of Milton's tracts of 1659–1660, tracing the influence of a decade of public service in his political philosophy and questioning historians' conclusions that he was repudiating Cromwell's Protectorate in his appeal to stave off the Restoration. (shrink)

THE CASE FOR GOVERNMENT BY ARTIFICIAL INTELLIGENCE. Tired of election madness? The rhetoric of politicians? Their unreliable promises? And less than good government? -/- Until recently, it hasn’t been hard for people to give up control to computers. Not very many people miss the effort and time required to do calculations by hand, to keep track of their finances, or to complete their tax returns manually. But relinquishing direct human control to self-driving cars is expected to be more of a (...) challenge, despite the predicted decrease in vehicle accidents thanks to artificial intelligence that isn’t subject to human distractions and errors of judgment. -/- If turning vehicle control over to artificial intelligence is a challenge, it is a very mild one compared with the idea that we might one day recognize and want to implement the advantages of human government by AI. But, like autonomous vehicle control, government by AI is likely to offer decided benefits. -/- In other publications, the author has studied a variety of widespread human limitations that, throughout human history, have led to much human suffering as well as ecological destruction. For the first time, these psychological and cognitive human shortcomings are taken into account in an essay that makes the case for government by artificial intelligence. (shrink)

This paper sketches the emergence of, and shifts within, the social, legal, and political figurations of sex workers in Poland. By adopting a genealogical perspective, I investigate how sex workers have been (re)constituted as subjects of governance and unimaginable social justice claimants in legislation, political debates, and law enforcement strategies. With a broad temporal scope, this article traces continuities, transformations, and disruptions within modes of sex work governance in Poland from the adoption of the first laws relating to (...) sex work enacted during the early 19th century to the present day. Through analysis of policy documents, scholarly work on the history of sex work policies in Poland, and personal accounts by sex workers, I identify and examine two dominant discursive and legal figurations of a sex worker: as a threat, and as a victim in need of rescue and protection. While analysing the emergence of and interplay between these two figurations, this article demonstrates how these seemingly contradictory frames of recognition gradually conjoined within 20th-century Polish sex work governance strategies, rendering sex workers unimaginable subjects of rights and social justice claimants. (shrink)