First published in 1984, this book examines corporate crime in the pharmaceutical industry. Based on extensive research, including interviews with 131 senior executives of pharmaceutical companies in the United States, the United Kingdom, Australia, Mexico and Guatemala, the book is a major study of white-collar crime. Written in the 1980s, it covers topics such as international bribery and corruption, fraud in the testing of drugs and criminal negligence in the unsafe manufacturing of drugs. The author considers the implications of his (...) findings for a range of strategies to control corporate crime, nationally and internationally. (shrink)

In recent years, the National Crime Records Bureau recommendation is that the growth rate of crime against women has skyrocketed in India, even higher than the population growth rate. According to lawyer, Kamlesh Vaswani, the commercial exploitation of coital activity paramount in pornography is the result of crimes against women, and fills perverse traits in the roots of society. Following that, he filed a petition (2013) in the Honourable Supreme Court to blanket ban pornography with the aim of (...) diluting the subordination of women and the crimes against women in society. Taking this into consideration, I argue that the Vaswani petition draws back the issue of twentieth century Western political and philosophical debate on pornography which triggers one of the moot problems of moral legislation—whether the state should be neutral or not towards individuals’ preferences, merits, desires, and the status to live well. This article focuses on whether this discourse has any relevance in the Indian value system. In this article, through the comparison between Indian and Western values, I make an attempt to analyse the moot problem of moral legislation which is bridging the gap between public and private morality for the well-being of women as well as our society. (shrink)

The interwar years in Britain are regularly referred to by historians and literary commentators as the Golden Age of detective fiction. This article focuses on the Collins imprint the Crime Club, established in 1930. It assesses the significance of this imprint in the context of the Golden Age, with a focus on its commercial animus, drawing on theories about class-based markets and the commercialization of print culture. The article examines the marketing methods used by the Crime Club to promote (...) its titles, such as newsletters and card games, and takes into consideration the arguments of 1930s literary critics. It aims to show that detective fiction had a significant role in the commercialization of print culture during the 1930s and that its success heavily relied upon the support of a middle-class readership. (shrink)

Legal and ethical concerns have been raised since the inception of the commercial mug shot website industry in the United States. These issues include the violation of the presumption of innocence, privacy interests, humiliation, extortion, and sensationalizing crime. These websites lend comparison to Bedlam asylum, which allowed visitors to mock and humiliate the patients. The popularity of these websites renders it essential that the legality and ethics of these websites be reevaluated. The deontological and utilitarian perspectives offer converging assessments (...) regarding the need to regulate the industry and to modify the practices of law enforcement agencies and news organizations. (shrink)

The article attempts to answer the following questions: What criminal law, if any, is applied in outer space when a crime is committed there? How will the issues of demarcation of criminal jurisdiction be resolved? Who and how will investigate such crimes? Which international or national institution will decide the issue of criminal prosecution and application of sanctions for crimes in space? Basing on the analysis of the sources of space and international law, it was concluded that today (...) there is no detailed procedure for investigating and bringing to criminal responsibility for committing a crime in space. There is also no international legal act that would establish a list of space criminal offenses. To solve existing problems, it is suggested to adopt the Convention on Criminal Liability for Space Crimes and to create a Space Criminal Statute (code). The article also claims that the creation of a World Space Union on regulating the commercial space activities will help in solving many issues in the field of research. (shrink)

Unethical acts and reported cases of corruption and commercial crimes in South African business are increasing. Literature studies showed that risk groups (for instance South African managers in affirmative action positions) are functioning in a stressful environment which can give rise to unethical acts. Results pointed out that high stress correlates substantially with: to claim credit for a subordinate's work; to fail to report a co-worker's violation of company policy, to offer potential clients fully paid holidays; and to (...) purchase shares upon hearing privileged company information. In the light of this a number of recommendations were made. (shrink)

Unethical acts and reported cases of corruption and commercial crimes in South African business are increasing. Literature studies showed that risk groups (for instance South African managers in affirmative action positions) are functioning in a stressful environment which can give rise to unethical acts. Results pointed out that high stress correlates substantially with: to claim credit for a subordinate's work; to fail to report a co-worker's violation of company policy, to offer potential clients fully paid holidays; and to (...) purchase shares upon hearing privileged company information. In the light of this a number of recommendations were made. (shrink)

For forty years, successive editions of Ethical Theory and Business have helped to define the field of business ethics. The 10th edition reflects the current, multidisciplinary nature of the field by explicitly embracing a variety of perspectives on business ethics, including philosophy, management, and legal studies. Chapters integrate theoretical readings, case studies, and summaries of key legal cases to guide students to a rich understanding of business ethics, corporate responsibility, and sustainability. The 10th edition has been entirely updated, ensuring that (...) students are exposed to key ethical questions in the current business environment. New chapters cover the ethics of IT, ethical markets, and ethical management and leadership. Coverage includes climate change, sustainability, international business ethics, sexual harassment, diversity, and LGBTQ discrimination. New case studies draw students directly into recent business ethics controversies, such as sexual harassment at Fox News, consumer fraud at Wells Fargo, and business practices at Uber. (shrink)

The final volume of Feinberg's four-volume work, The Moral Limits of Criminal Law examines the philosophical basis for the criminalization of so-called "victimless crimes" such as ticket scalping, blackmail, consented-to exploitation of others, commercial fortune telling, and consensual sexual relations.

„Krumme Touren“ in der Wirtschaft werden in der aktuellen Debatte oft bemängelt. Doch wer zieht die Grenzlinie zwischen legitimem und illegitimem Verhalten von Unternehmern und Firmen? Diese Fragestellung verfolgen die Autoren des Bandes anhand von europäischen Beispielen aus dem 19. und 20. Jahrhundert. Dabei zeigt sich, dass unternehmerische Handlungsnormen weder konstant noch unumstritten waren. Die Beiträge richten den Blick auf öffentliche Kritik und Skandale, Gerichtsprozesse, unternehmerische Selbstregulierung und staatliche Maßnahmen. Dabei tritt ein Spannungsverhältnis zwischen dem Prinzip der Gewinnmaximierung einerseits und (...) Werten wie Gemeinwohl, Transparenz oder politischen Idealen andererseits zutage. (shrink)

Publication date: 15 October 2018 Source: Author: Smiles I. Ume, C.I. Ezeano, R.O. Anozie Role of off-farm income in agricultural production and its environmental effect in Southeast, Nigeria was studied. Two hundred and forty respondents were selected through multi stage random sampling techniques. The objectives of the study were captured using percentage responses, multiple regression and factor analyses. Structured questionnaire was used to collect data from the respondents. The result of socio-economic characteristics of commercial motor cycle riders showed that (...) most riders were youthful, single and experienced. Also, most of the riders used their money generated in the business in hiring labour, procurements of farm inputs, family welfare, expansion of business and procurement of equipment. As well, the menaces caused by motor cycle to the riders and the general society were accidents, traffic jam, crimes, health challenges and gang beating. More so, the determinant factors to the motor cycle riders’ income generated were number of years of experience and marital status. In addition, the effects of motor cycle operations to the environment were dusty and noisy situations, soil erosion, vegetation loss and oil spillage. The avenues in alleviating the affects of motor cycle operations on the environment were use of gadgets, educational programme, ban on the use of big motor cycle, use of traffic control and cleanliness of vehicular emission. The major problems encountered by the riders were extortions by the police, emblem, high cost of fuel and high cost of spare parts. Based on the findings the following recommendations were proffered. There is need to enhance riders’ access to hearing and head protective devices and goggle gadget at affordable prices. Also, experienced and novice riders should be encouraged to remain in business through among others provision of motor cycle parts at affordable prices and rehabilitation of rural roads by the government. Finally, all forms of extortions of the riders should be checkmated and the culprits brought to book. (shrink)

Partly as a result of much recent evidence of business and government crime, a large proportion of major corporations have adopted codes of ethics; government service is also making more use of them. The electrical manufacturing anti-trust conspiracy and 1973–1976 investigation of foreign and domestic bribery were immediate prods. There are also government codes of which the ASPA code is most widely distributed. Corporate codes discuss relations to employees, interemployee relationships, whistle blowing, effect on environment, commercial bribery, insider information, (...) other conflicts of interest, anti-trust, accounting, consumer relations, and political activities. A discussion of use of codes shows partly favorable results. A number of corporation decisions have not yet become a subject of code provisions. Codes will be more useful if the reasons behind each order are stated and team work is encouraged. (shrink)

The final volume of Feinberg's four-volume work, The Moral Limits of Criminal Law examines the philosophical basis for the criminalization of so-called "victimless crimes" such as ticket scalping, blackmail, consented-to exploitation of others, commercial fortune telling, and consensual sexual relations.

A drone industry has emerged in the US, initially funded almost exclusively for military applications. There are now also other uses both governmental and commercial. Many military drones are still being made, however, especially for surveillance and targeted killings. Regarding the latter, this essay calls into question their legality and morality. It recognizes that the issues are complex and controversial, but less so as to the killing of non-combatant civilians. The government using drones for targeted killings maintains secrecy and (...) appeals to non-traditional justifications. Most scholars who assess these killer drone practices support citizen immunity, either by favoring a modified just war theory that prioritizes civilians’ right to life or by challenging official deviations from applicable laws. They accordingly declare such killing immoral if not a war crime. The manufacturers of these killer drones are not themselves the killers, but they are abetters, i.e., sine qua non facilitators. So, I argue that any company concerned about its corporate social responsibility should cease manufacturing them. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kant’s Just War TheoryBrian OrendKant is often cited as one of the first truly international political philosophers. Unlike the vast majority of his predecessors, Kant views a purely domestic or national conception of justice as radically incomplete; we must, he insists, also turn our faculties of critical judgment towards the international plane. When he does so, what results is one of the most powerful and principled conceptions of international (...) justice ever constructed. Kant’s central concept, that it is a demand of our own practical reason that we forge a cosmopolitan federation of free republics, based on the rule of law, human rights, and cultural and commercial development, still resonates today as a plausible and hopeful prescription for humanity’s future.Much of Kant’s international theory has recently received searching analysis and evaluation. But the bulk of this consideration has focused on Kant’s descriptive, as opposed to prescriptive, claims. Lavish attention, for example, has been showered on his assertion that perpetual peace is inevitable—that our natural antagonism will irresistibly incline us, after many failures, to establish an international juridical condition. Comparatively little has been done on thoroughly evaluating Kant’s normative claims of international justice, particularly with regard to his ideal corpus of international law and his concrete recommendations for moving from a global state of nature to a cosmopolitan civil society.1In this paper, I would like to contribute to the latter task by focusing on the moral problem that war poses as, arguably, the most frequent and severe cause [End Page 323] of ruptures in the functioning of the international system.2 In particular, I would like to argue in favour of the controversial, and original, thesis that Kant has a just war theory.3 I would then like to develop that theory in some detail and to explain its strength and suggestiveness. The focus on war seems both helpful and timely. It is helpful in that it provides a specific, graphic example with which one can apprehend more clearly the abstract architecture of Kant’s international vision. It is timely in that, in the wake of the very recent conflicts in Bosnia and Rwanda, and in light of the subsequent formation of the International War Crimes Tribunals at The Hague, renewed attention has been paid to considering what, if anything, constitutes a just war and what is permitted, and what punishable, in terms of conduct in war. A rigorous consideration of what one of the true giants of moral philosophy thought about these issues can only serve to illuminate our understanding of these current events.1. THE TRADITIONAL READING OF KANT: NO JUST WARNearly every commentator on Kant’s international theory of justice who discusses the problem of war in any detail believes that Kant not only has no just war theory, but that he is, moreover, a vicious critic of the core propositions of classical just war theorists, such as Augustine, Aquinas, and Grotius. Howard Williams, for example, says that “Kant has no theory of just war … (j)ustice and war are in conflict with one another and it is our duty as human beings to try to overcome war.” Fernando Teson contends that “Kant dismisses the idea that there could be a just war” and Georg Geismann asserts that, for Kant, “there is no such thing as a just war.” Similarly, W. B. Gallie asserts that “Kant agreed … that nothing but confusion and harm resulted from regarding any wars as just … ” There is a bevy of quotes in the Kantian corpus to support this reading.4One prominent anti-just war quote occurs in Perpetual Peace, when Kant [End Page 324] reflects on the contributions of traditional just war theorists and arrives at the following judgment:It is therefore to be wondered at that the word right has not been completely banished from military politics as superfluous pedantry, and that no state has been bold enough to declare itself publicly in favour of doing so. For Hugo Grotius, Pufendorf, Vattel and the rest (sorry comforters as they are) are still dutifully quoted in justification of military aggression, although their philosophically or diplomatically formulated codes do not and... (shrink)

With the advent and popularity of Television by the end of 1950s and early 1960s, researchers focused the role and effects of this new medium on its growing audience. Himmelweit and Schramm are considered the pioneer researchers in the field. The volume of scientific studies regarding televised violence was largely increased following the landmark State Reports in US published between 1972 and 1982. These reports indicated that the proliferation of TV has exposed children to media violence at home. However, violence (...) is rarely caused by a single factor, it rather involves multiple factors. Signorielli in her book Violence in the Media rightly commented that television plays a unique role of an entertaining storyteller but the increasing commercialization of TV is a serious matter of concern.1 The objective of this literature review is to provide a holistic overview of the landmark studies conducted on televised violence and its contribution to real life crimes and violence in society. (shrink)

Questions about the meanings of racialized representations must be included as part of developing an ethical game design practice. This paper examines the various ways in which race and racial contexts are repre-sented in a selected range of commercially available e-games, namely war, sports and action-adventure games. The analysis focuses on the use of racial slurs and the contingencies of historical re-representation in war games; the limited representation of black masculinity in sports games and the romanticization of ‘ghetto play’ in (...) urban street games; and the pathologization and fetishization of race in ‘crime sim’ action-adventure games such as True Crime: Streets of LA. This paper argues for, firstly, a continuous critical engagement with these dominant representations in all their evolving forms; secondly, the necessary inclusion of reflexive precepts in e-games development contexts; and thirdly, the importance of advocating for more diverse and equitable racialized representations in commercial e-games. (shrink)

It is estimated that about one and a half billion hours of moving images were produced in 1999, twice as many as a decade before. If that rate of growth continues, one hundred billion hours of moving images will be made in the year 2025. In 1895 there were just above forty minutes of moving images to be seen, and most of them are now preserved. Today, for every film made, thousands of them disappear forever without leaving a trace. Meanwhile, (...) public and private institutions are struggling to save the film heritage with largely insufficient resources and ever increasing pressure from the commercial world. Are they wasting their time? Is the much feared and much touted Death of Cinema already occurring before our eyes? Is digital technology the solution to the problem, or just another illusion promoted by the industry? In a provocative essay designed as a collection of aphorisms and letters, Paolo Cherchi Usai brings an impassioned scrutiny to bear on these issues with a critique of film preservation, an indictiment of the crimes perpetuated in its name, and a proposal to give a new analytical framework to a major cultural phenomenon of our time. The Death of Cinema is published in Italian as L'ultimo spettatore . Sulla distruzione del cinema 1999, Editore Il Castoro. (shrink)

An important ingredient in understanding such sentences is resolving the question of: level in/of what? protection from what? what sort of documents? danger from what? Each of these is an example coming from novels, television commercials, and news reports. In the first instance, it is from a commercial for a brand of computers. In the commercial, which is pushing the most recent version of that computer, the voice-over announces (1a) just as a teenager exults after having apparently accomplished (...) something worthy of jubilation in a computer game. The message is intentionally interpretable in multiple ways: You are taken to a new level in the game, you are taken to a new level in computing power/speed, and, being a commercial, one also reads that it takes you to a new level in life. The second example is a story caption in a local newspaper. The article is about the shortage of flu shot vaccine in the U.S., and the people are going to Canada for flu shots, seeking protection from contracting the flu. The third example, also from a newspaper report2, requires not just that the FBI agent sold some documents or other, but rather that they were sensitive confidential documents, likely purloined from the FBI itself. The final instance is from a novel. In the novel the protagonist, in seeking to solve a crime, has overlooked something which in retrospect appears terribly obvious. The character’s self-deprecation thus reads: Sherlock Holmes’ reputation as a master sleuth was in no danger of being diminished. Each example, in context, reads seamlessly and poses little challenge to attentive or even inattentive readers and listeners. (shrink)

The idea of doing something for its own sake interests me for two reasons. First, I should like to understand better two opposing reactions that I have felt on coming across the phrase ‘for its own sake’ used in earnest. When told that knowledge is worth pursuing for its own sake and that this is what the study of science at a university ought to be like—not an adjunct to commercially motivated research in a product I design and development team (...) funded by local industry—I, and others, feel that something pure and noble, holy, good and true is being said. On the other hand, I recognize that to some, who would probably describe themselves as more realistic than myself, the claim that knowledge should be, and is being, pursued for its own sake has a hollow ring. Nowadays, academics themselves feel uneasy when they hear this sort of thing being said in public in mixed company. But they do continue to say such things to each other, at least occasionally in private, among consenting adults. Furthermore, I do attach impor- tance to the thought that to do the right thing for its own sake is a shining example of moral goodness. At the same time I acknowledge that the idea of a good deed done for its own sake is less than crystal clear I and that, to many, the person who claims to be doing something for its own sake sounds like someone who smiles at himself in the mirror in the morning in order to find one approving face before setting out to commit his next crime against humanity. I should like to know whether this phrase ‘for its own sake’ will bear the weight I want to place on it or whether a more sceptical attitude is called for. (shrink)

Since its origins in the mid-1980s, DNA profiling has become the most powerful tool for identification in contemporary society. Practitioners have deployed it to determine parentage, verify claims to identity in various civil contexts, identify bodies in wars and mass disasters, and infer the identity of individuals who have left biological traces at crime scenes. Thus DNA profiling can be used to implicate or exonerate individuals from participation in particular social relations and activities; this affords it a growing importance in (...) major social institutions such as the family, the criminal justice system, immigration services, and health services. There are key state, security, civil liberty, personal, and commercial considerations surrounding the reliability and social implications of DNA profiling in establishing the identities of “family members,” “claimants,” “customers,” “suspects,” and “citizens.”Given that DNA profiling is increasingly influential in forensic inquiries, the recently-developed practice in the UK of “familial searching” of DNA databases has the potential to become a significant aspect of investigations. (shrink)

This article considers individual rights and fundamental tenets of the criminal justice system in the context of DNA evidence, in particular recent advancements in genomics that have significantly advanced law enforcement investigative capabilities in this area. It discusses a technique known as Investigative Genetic Genealogy (IGG) which utilizes genomic data held by commercial direct-to-consumer ancestry and health companies to investigate the identity of suspects linked to serious crimes. Using this technique, even if only a small proportion of the (...) population (e.g. 5%) has submitted genomic data to these companies, almost anyone in the population can be identified. We discuss this phenomenon in the context of the existing literature and arguments in relation to universal forensic DNA databases, as well as relevant recent developments in both liberal democracies and authoritarian states. We introduce the concept of a quasi-universal forensic DNA database and consider associated implications for the criminal justice system and society from the perspectives of privacy, the right not to self-incriminate, joint rights, and collective responsibility. (shrink)

Following the design of the author, reforms of the UN would consist of four rules. The first rule: Payments from the global community should correspond with the services provided by the UN. - For this purpose it is necessary to develop a system of compensation in which payment would be made only for the completion of a concrete service. Such a system would in effect serve as a continuous audit and guarantor of quality service at all times visible to the (...) entire public. The second rule: Servantura not dictatorship - The author has created a word "servantura" and has given it the following meaning: the performance of administrative service, guided by (1) ethical conduct, (2) democratic norms, (3) the newest scientific knowledge, (5) safe technology, (6) justice, (7) equality of people and (8) the priority of human life. On an idea of the author, servantura is a global managerial philosophy with a system of global service in which each decision should be in accordance with the wishes and the will of the entire global community, not of a separate group of nations, or a single nation, or person. The third rule: Noncommercial services. Commercialization of the UN should be considered a crime. Further commercial use of the UN should be stopped, as it will lead to aglobal catastrophe. The fourth rule: Without enemies or competitors, Full transparency and a strict prohibition of secrecy and privacy in the UN must be established. i.e. openness, publicity and a strict international prohibition on any secret structures or secret activities within the UN. (shrink)

An important ingredient in understanding such sentences is resolving the question of: level in/of what? protection from what? what sort of documents? danger from what? Each of these is an example coming from novels, television commercials, and news reports. In the first instance, it is from a commercial for a brand of computers. In the commercial, which is pushing the most recent version of that computer, the voice-over announces (1a) just as a teenager exults after having apparently accomplished (...) something worthy of jubilation in a computer game. The message is intentionally interpretable in multiple ways: You are taken to a new level in the game, you are taken to a new level in computing power/speed, and, being a commercial, one also reads that it takes you to a new level in life. The second example is a story caption in a local newspaper. The article is about the shortage of flu shot vaccine in the U.S., and the people are going to Canada for flu shots, seeking protection from contracting the flu. The third example, also from a newspaper report2, requires not just that the FBI agent sold some documents or other, but rather that they were sensitive confidential documents, likely purloined from the FBI itself. The final instance is from a novel. In the novel the protagonist, in seeking to solve a crime, has overlooked something which in retrospect appears terribly obvious. The character’s self-deprecation thus reads: Sherlock Holmes’ reputation as a master sleuth was in no danger of being diminished. Each example, in context, reads seamlessly and poses little challenge to attentive or even inattentive readers and listeners. (shrink)

Video surveillance is an omnipresent phenomenon in today’s metropolitan life. Mainly intended to solve crimes, to prevent them by realtime-monitoring or simply as a deterrent, video surveillance has also become interesting in economical contexts; e.g. to create customer profiles and analyse patterns of their shopping behaviour. The extensive use of video surveillance is challenged by legal claims and societal norms like not putting everybody under generalised suspicion or not recording people without their consent. In this work we propose a (...) technological solution to balance the positive and negative effects of video surveillance. With automatic image recognition algorithms on the rise, we suggest to use that technology to not just automatically identify people but blacken their images. This blackening is done with a cryptographic procedure allowing to revoke it with an appropriate key. Many of the legal and ethical objections to video surveillance could thereby be accommodated. In commercial scenarios, the operator of a customer profiling program could offer enticements for voluntarily renouncing one’s anonymity. Customers could e.g. wear a small infrared LED to signal their agreement to being tracked. After explaining the implementation details, this work outlines a multidisciplinary discussion incorporating an economic, ethical and legal viewpoint. (shrink)

In this era of suburban mega-churches and televised Sunday morning services, it is easy to forget that many Americans worship in small, community churches whose sanctuaries are often repurposed commercial spaces. In Articles of Faith, photographer Dave Jordano documents the at once humble and dynamic storefront churches of Chicago’s African American neighborhoods. These churches, which dot the south and west sides of the city, are truly community churches—individualized and idiosyncratic, they cater to the specific needs and wants of their (...) members. For the last five years, Jordano has spent his weekends traveling to different churches in the city, getting to know their pastors and parishioners. And this attention to personal detail is highly evident in his exquisite photographs that capture the identity and personalities of each church, from the hand-lettered signs to the icons. His interior images of the sacred spaces illustrate how the congregants create a comforting environment of affirmation, hope, and family for members who often live in neighborhoods marked by high crime and troubled homes. Infused in the space of these makeshift churches is also a sense of history that traces back to a time in the nineteenth and early twentieth centuries when one of the only forms of open expression available to African Americans was religious practice. These powerful and reverent images illuminate a vital component of urban life for many African Americans and speak to the links between the past and present African American experience. (shrink)

The idea of doing something for its own sake interests me for two reasons. First, I should like to understand better two opposing reactions that I have felt on coming across the phrase ‘for its own sake’ used in earnest. When told that knowledge is worth pursuing for its own sake and that this is what the study of science at a university ought to be like—not an adjunct to commercially motivated research in a product I design and development team (...) funded by local industry—I, and others, feel that something pure and noble, holy, good and true is being said. On the other hand, I recognize that to some, who would probably describe themselves as more realistic than myself, the claim that knowledge should be, and is being, pursued for its own sake has a hollow ring. Nowadays, academics themselves feel uneasy when they hear this sort of thing being said in public in mixed company. But they do continue to say such things to each other, at least occasionally in private, among consenting adults. Furthermore, I do attach impor- tance to the thought that to do the right thing for its own sake is a shining example of moral goodness. At the same time I acknowledge that the idea of a good deed done for its own sake is less than crystal clear I and that, to many, the person who claims to be doing something for its own sake sounds like someone who smiles at himself in the mirror in the morning in order to find one approving face before setting out to commit his next crime against humanity. I should like to know whether this phrase ‘for its own sake’ will bear the weight I want to place on it or whether a more sceptical attitude is called for. (shrink)

Abstract:For many people, the media is the main source of their knowledge and understanding about policing and crime. As a result, a common thread running through content analysis of television police shows is the gap between the “reality” of police work, crime, criminals, and the justice system and the picture painted by media representations. I argue, however, that all representations of social reality are partial and that commercial imperatives, working processes, ideological frames of the makers, and format of individual (...) shows shape and constrain the stories told. Given that police shows can never be totally authentic, I argue that scholars should be exploring the symbolic value of these shows, the types of discourse produced, and whether such shows habituate viewers into ways of thinking about crime and punishment that may be excessively simplified. (shrink)

John Oswald was a Scottish journalist and pamphleteer who gained fame in the 1790s for his scandalous lifestyle and democratic political views. He was considered by his British contemporaries as the incarnation of the crimes of Jacobinism. This article seeks to reassess Oswald’s place in the history of political thought by placing him within the context of his own Scottish background. Oswald’s radical views were neither directly inspired by his French revolutionary friends, nor typical of the English and Scottish (...) radical scenes. Rather, Oswald is better understood as a paradoxical heir to a mixed Scottish tradition of civic virtue and historical analysis of commercial society. (shrink)

This section will cover (a) definition of business policy: strategic decisions in the enterprise; (b) ethical behaviour above and beyond the requirements of the law: what might this involve e.g. in respect of products and markets in which the business is prepared to operate? (c) does business have a responsibility towards society? For example, should businesses decide without being legally required to do so, to undertake activities which they think are in the national interest even if this may appear to (...) conflict with strictly commercial interests? (d) if ethical/social decisions are required, who is to make them — at what levels of an enterprise — e.g. does the board make them all or are they also expected below board level? This section will also cover: (e) practical examples in the light of changing attitudes towards business and market behaviour in the 1980''s and 1990''s; (f) implications of attitudes towards corporate crime and of behaviour which may not be illegal but which may be regarded as unacceptable: this will be discussed with examples from experience in Australia and other countries. The section will first explain the meaning of the phrase business policy and will briefly outline the kinds of strategic decision which have to be made in business enterprises. It will go on to consider whether there are things a business ought or ought not to do even if they are within the law. The section will illustrate these problems with examples in the light of changing attitudes towards business policy and market behaviour in the 1980''s and 1990''s. It will take into account some recent cases of corporate crime in Australia and elsewhere and also of behaviour which while neither against the law or outside the power of the board, might be thought inappropriate. (shrink)

Research in political science currently utilizes a no-nonsense principle. Little time is invested in complicated theoretical constructions. Only the facts matter. What is examined is the way in which certain ideas and behaviours cohere with other ideas and behaviours, and the explanations offered for this coherenece are usually quite brief. In some cases, the tone used in an explanation can make us suspect that there are complex underlying presuppositions.Some critics seem to base their opinions on a more optimistic liberal view (...) of human nature, while others have a pessimistic view of the quality of journalism, the disappearance of social capital, the short-sightedness of the political parties and the various popular forms of information and communication. Theoretical presuppositions are seldom the immediate focus of discussion. Facts are opposed to facts, since ultimately facts are the only basis for legitimate argument.Indeed, discussions that are not about facts are of little benefit to anyone. Predictions of doom with no basis in reality can hardly lead to a constructive dialogue. Facts, however, are always interpreted facts, and in order to interpret accurately, one needs theory. When actors are considered as individual black boxes who produce a certain output when confronted with a given input, then it is impossible to explain why people who watch a lot of television also tend to believe that they are powerless politically. And it is even more difficult to provide reasons for why viewers of soaps, game shows and sitcoms are more likely to harbour feelings of insecurity than viewers of news programmes or films, particularly since the latter exhibit images of aggression and conflict.Likewise, it remains unclear why commercial broadcasters give more airtime to reports of crime, or why the presentation of political issues in black and white terms is so rewarding at the polls. In this paper, I will first of all present a broad theoretical perspective, and subsequently come back to the facts. (shrink)

Trafficking in human body parts is one of the most severe form of crime in modern times. The topicality of this phenomenon reinforces the fact that it is intertwined with organised crime and human despair. The resulting repercussions are dangerous for the “donor”, prosperous for the “intermediaries”, and vital for the “recipient”. The paper analyses the phenomenon of trafficking in human body parts, which is directly related to the development of transplant medicine and surgery. Human organ transplantation is moving toward (...) indicative ethics, as ethics of responsibility, and is gradually moving beyond imperative ethics, emphasising duty. Human organ donation is an act of self-sacrifice. Therefore, from an ethical and moral perspective, the commercialization or trafficking of human organs is unacceptable because it violates human dignity. In addition to the ethical implications, the paper analyses international documents on this topic and the Croatian normative regulations on this issue. Finally, bioethical and criminal law answers to this question are given. (shrink)

The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of (...) offences? The sixth volume in the series offers a philosophical investigation of the relationship between moral wrongdoing and criminalization. Considering the justification of punishment, the nature of harm, the importance of autonomy, inchoate wrongdoing, the role of consent, and the role of the state, the book provides an account of the nature of moral wrongdoing, the sources of wrongdoing, why wrongdoing is the central target of the criminal law, and the ways in which criminalization of non-wrongful conduct might be permissible. (shrink)

Since the passage of Medicare, the self-regulation characteristic of professionalism in health care has come under steady assault. While Canadian physicians chose to relinquish financial autonomy, they have enjoyed far greater professional autonomy over their medical judgments than their U.S. counterparts who increasingly have their practices micromanaged. The Affordable Care Act illustrates the ways that managerial strategies and a market model of health care have shaped the financing and delivery of health care in the U.S., often with little or no (...) evidence of their effectiveness. (shrink)

This essay describes how longstanding conceptions of professionalism in American medical care came under attack in the decades since the enactment of Medicare in 1965 and how the reform strategy and core provisions of the 2010 Affordable Care Act illustrate the weakening of those ideas and the institutional practices embodying them.The opening identifies the dominant role of physicians in American medical care in the two decades after World War II. By the time Medicare was enacted in 1965, associations of American (...) physicians were almost completely in charge of medical education, specialist certification, and the enforcement of professional norms on their members. Who could be a doctor, what education and training would be required, and what collegial oversight was operative was first a professional matter and only secondly implicated the state through malpractice or major corporations via the employment of physicians. (shrink)

The article discusses retributive justice and punitive restraint in response to the worst types of crime. I take the Breivik Case as a starting point. Anders Behring Breivik was sentenced to 21 years of preventive detention for killing 69 people, mainly youths, at Utøya and 8 people in Oslo on July 22nd, 2011. Retributivist theories as well as commonly held retributive intuitions suggest that much harsher punishment is required for such crimes. According to some retributivist theories, most notably on (...) the influential theories of Kant and Hegel, the death penalty is warranted for murderers like Breivik. This suggests that the rationale for punitive restraint in a case like the Breivik Case can only be found in forward- looking, consequentialist theories of punishment, or by adding to retributivist theories a side-constraint in the form of a principle of parsimony. However, I argue that if we look closer at the function of punishment in the retributivist theories of Kant and Hegel, they too imply a rationale for punitive restraint, even for such horrific crimes as here discussed. Against Kant and Hegel’s own views on the death penalty, I argue that their broader “freedom theories” of retributive justice do not imply the justice of the death penalty or life imprisonment. In the last part of the article, I explore differences in the concepts of freedom entailed by Kant and Hegel’s theories, and I relate these to some of the background factors relevant to the Breivik Case. (shrink)

Do men and women perceive cybercrime types differently? This article draws on the distinction between socio-economic and psychosocial cybercrime proposed by Lazarus (2019) to investigate whether men and women hold different perceptions of digital crimes across these two dimensions. Informed by the synergy between feminist theory and the Tripartite Cybercrime Framework (TCF), our survey examined respondents’ differential perceptions of socio-economic cybercrime (online fraud) and psychosocial cybercrime (cyberbullying, revenge porn, cyberstalking, online harassment) among men and women in the United Kingdom. (...) The results revealed that women considered psychosocial cybercrime worse than men. Conversely, we found no differences between men and women with regard to socio-economic cybercrime. The article concludes that psychosocial cybercrimes are more gendered than socio-economic cybercrime, suggesting problems with the meaning of ‘cyber-enabled crimes’, and substantiating the synergy between the TCF and feminist perspectives. (shrink)

PTSD was formalized as a diagnosis by the American Psychiatric Association in 1980 with the publication of the Diagnostic and Statistical Manual of Mental Disorders (DSM), 3rd edition. Since that time, the diagnosis has been widely utilized in the courts including the use in criminal proceedings. PTSD may play a role in the assessment of violent crimes both as a possible contributing factor in the perpetrators as well as a consequence in the victims. There are a number of ethical (...) and clinical considerations in the use of this diagnosis. Importantly, the diagnostic criteria have changed to a degree with subsequent editions of the DSM. This may have an impact on the interpretation of past legal judgments. Moreover, extensive psychiatric comorbidity may complicate the clinical picture, e.g., mood disorders, substance use disorders, or psychosis. The diagnosis of PTSD is still based on clinical, largely subjective criteria, e.g., biological markers are not yet utilized. As such, there may not be consistent agreement about the diagnosis among experts. This paper summarizes some of these relevant issues in adjudicating violent crimes. (shrink)

Corporations perform actions that can inflict harm with different levels of intensity, from death to material loss, to both companies’ internal and external stakeholders. Research has analysed corporate harm using the notions of corporate social irresponsibility and corporate crime. Critical management studies have been subjecting management and organizational practices and knowledge to critical analysis, and corporate harm has been one of the main concerns of CMS. However, CMS has rarely been deployed to analyse CSIR and corporate crime. Thus, the aim (...) of this paper is to critically analyse the perspectives of CSIR and corporate crimes on corporate harm via CMS in general and postcolonial studies in particular. The paper contributes by arguing that research on CSIR and corporate crime could be perceived as producing research that does not challenge the essence of contemporary corporation profit-seeking activities that ultimately produces corporate harm. We argue that CSIR and corporate crime are ideologies that assist in disguising the contradiction between producing shareholder value and the social good that is at the heart of the modern corporation system and the current economic system. Furthermore, the postcolonial view of CSIR and corporate crime highlights how they are based on a Western-centric view of corporate harm that ignores the realities and perspectives of the Global South, especially in situations where corporate harm leads to death in the Global South. (shrink)

Big Data Analytics promises to help companies and public sector service providers anticipate consumer and service user behaviours so that they can be targeted in greater depth. The attempts made by these organisations to connect analytically with users raise questions about whether surveillance, and its associated ethical and rights-based concerns, are intensified. The articles in this special themed issue explore this question from both organisational and user perspectives. They highlight the hype which firms use to drive consumer, employee and service (...) user engagement with analytics within both private and public spaces. Further, they explore extent to which, through Big Data, there is an attempt to expand surveillance into the emotional registers of domestic, embodied experience. Collectively, the papers reveal a fascinating nexus between the much-vaunted potential of analytics, the data practices themselves and the newly configured intimate spheres which have been drawn into the commercial value chain. Together, they highlight the need for conceptual and regulatory innovation so that analytics in practice may be better understood and critiqued. Whilst there is now a rich variety of scholarship on Big Data Analytics, critical perspectives on the organising practices of Big Data Analytics and its surveillance implications are thin on the ground. Combined, the articles published in this special theme begin to address this shortcoming. (shrink)

Even though human smuggling is one of the central topics of contention in the political discourse about immigration, it has received virtually no attention from moral philosophy. This article aims...

Adam Smith is popularly regarded as the ideological forefather of laissez-faire capitalism, while Rousseau is seen as the passionate advocate of the life of virtue in small, harmonious communities and as a sharp critic of the ills of commercial society. But, in fact, Smith had many of the same worries about commercial society that Rousseau did and was strongly influenced by his critique. In this first book-length comparative study of these leading eighteenth-century thinkers, Dennis Rasmussen highlights Smith’s sympathy (...) with Rousseau’s concerns and analyzes in depth the ways in which Smith crafted his arguments to defend commercial society against these charges. These arguments, Rasmussen emphasizes, were pragmatic in nature, not ideological: it was Smith’s view that, all things considered, commercial society offered more benefits than the alternatives. Just because of this pragmatic orientation, Smith’s approach can be useful to us in assessing the pros and cons of commercial society today and thus contributes to a debate that is too much dominated by both dogmatic critics and doctrinaire champions of our modern commercial society. (shrink)

The aim of this paper is to analyze a selection of arguments used by the Argentine Supreme Court to reduce the sentence of individuals convicted of crimes against humanity. The focus will be primarily centered on “Muiña´s case”, in which a lenient outdated ruling was made. The questions that this work will try to answer revolve around the court´s merit in issuing this lenient ruling to Muiña´s case and its justification. First, Muiña´s case is analyzed in depth. Then, a (...) critical analysis about the ruling and a decision concerning the existence of a true justification will be developed. Finally, we will discuss the appropriateness of the Court’s decision in Muiña´s case as opposed to the decision made in “Batalla´s case”, in which a less beneficial law was applied retroactively. (shrink)