In a letter to M. Coray, Thomas Jefferson distinguished two distinct notions of political authority. The first was that of ancient Greece, which was characterized by “slavery” and the subjection of the population. Jefferson’s characterization was astute insofar as Aristotle regarded some groups as privileged to rule “by nature,” while all other hereditary groups were fit only to be ruled. The second type, referring to governments of “the present age,” rejected that standard in favor of equality and the promotion of (...) the people’s “happiness.” Unexpectedly, the dichotomy between hereditary privilege systems and egalitarian service to the people maps onto the contrast between “feudal” and “bureaucratic” systems in late imperial Chinese theory. In other words, this insight into the nature of authority was known to theorists both in China and in the “West,” suggesting that it captures something fundamental about the nature of “authority.” This essay probes the dichotomy in two ways, theoretical and historical. In theory, “feudal” systems, east and west, seem to be informed by a substance metaphor, and so both Aristotle and his early modern followers conflated authority with social status, and imagined the latter as a hereditary, noble substance such as gold. In this model, social groups are necessarily ranked, with gold being nobler, for instance, than brass. Because authority inheres in the person as a substance, authority is personalistic. In other words, there is no clear, external standard for checking abuses of power. Classical Chinese bureaucratic theory imagined authority as a tally. In that case, an officer’s performance had to match the office’s public charge. Because the assignment of office is merit-based, tally systems tend to be more egalitarian. Moreover, they naturally provide an external standard for checking abuse, namely, the officer’s effect on the people’s “happiness.” Historically, these two paradigms clashed in England and Europe during the seventeenth and eighteenth centuries, when translations of Chinese texts became available. Using translingual analysis, this essay traces the transformation of authority from a substance model to a tally model in the thinking of several Enlightenment writers, culminating in the writings of Thomas Jefferson. (shrink)

The ArgumentThis introductory essay describes some intellectual intersections between the history and sociology of science and the history and sociology of accounting. These intersections suggest a potential field of inquiry that concerns itself explicitly with science and economic calculation, a potential that is partly realized in the essays that follow. It is possible to describe a broad shift from concerns for the scientific credentials of accounting to a recognition of the constitutive role that accounting plays for science. In other words (...) the so-called cultural hegemony of the scientist is giving way to that of the accountant. This shift has a number of loosely related but complementary elements. The first is to be found in some recent historical work that links ideals of scientific objectivity to administrative and political values. A second element is a body of work that is critical of theorydominant approaches to experiment and concerns itself with laboratory practice in social context. A third element is an emerging interest in the economics of science. I argue that such a program is weak where it abstracts from processes of economic calculation, and this suggests the fourth element: a contextual approach to economic calculation to be found in sociologically informed accounting research. In the light of these four elements, the essay concludes by considering directly the implications of accounting for science, particularly given recent initiatives to make science more accountable. (shrink)

Environmental law and environmental protection have long been portrayed as requiring tradeoffs between incompatible ends: "jobs versus environment;" "markets versus regulation;" "enforcement versus incentives." Behind these views are a variety of concerns, including resistance to government regulation, skepticism about the importance or extent of environmental harms, and sometimes even pro-environmental views about the limits of Earth's carrying capacity. This framework is perhaps best illustrated by the Trump Administration, whose rationales for a host of environmental and natural resources policies have embraced (...) a zero-sum approach, seemingly preferring a world divided into winners and losers. Given the many significant challenges we face, does playing the zero-sum game cause more harm than good? And, if so, how do we move beyond it? This book is the third in a series of books authored by members of the Environmental Law Collaborative (ELC), an affiliation of environmental law professors that began in 2011. In it, the authors tackle the origins and meanings of zero-sum frameworks and assess their implications for natural resource and environmental protection. The authors have different angles on the usefulness and limitations of zero-sum framing, but all go beyond the oversimplified view that environmental protection always imposes a dead loss on some other societal value. (shrink)

The Aesthetic Dimensions of Educational Administration and Leadership provides an aesthetic critique of educational administration and leadership. It demonstrates the importance of aesthetics on all aspects of the administrative and leadership world: the ways ideas and ideals are created, how their expression is conveyed, the impact they have on interpersonal relationships and the organizational environment that carries and reinforces them, and the moral boundaries or limits that can be established or exceeded. The book is divided into three sections. · (...) Section I examines various philosophical traditions in aesthetics as they inform administrative life, focussing on major modern traditions arising from Kant, romanticism and Nietzsche, Collingwood, the pragmatic school, and critical theory. · Section II explores four aesthetic sources for administrative critique - architecture, literature, film, and movement - as they serve both to understand the social construction of administration and leadership and provide a critique of values, roles, power and authority. · Section III examines more topical and applied problems of charisma, heroism, and authority in practice, concluding with a discussion of the aesthetic analysis of politics and power within the context of contemporary educational administration and leadership theory. While presenting a significant departure from conventional studies in the field, the international contributors reflect a continuity of thought on the creation, use and abuse of administrative and leadership authority from the writings of Plato through to contemporary theory. This book should appeal to school administrators and leaders and those aspiring to these roles. (shrink)

As corporate raids become more prevalent, top corporate executives have asked for and often received additional executive power to ward off raiders or sharks. For example, they have been given the use of shark repellents such as staggered elections for board members, cumulative voting, super majority voting requirements, and the power to sell off the firm's crown jewels. Are they abusing these powers as they attempt to save their jobs, at the expense of stockholders, by driving off the (...) corporate raiders who might unseat ineffective management? In this article the practices being used by entrenched managers to make their firms less attractive to raiders and the defense tactics they are using in corporate takeover battles are examined from an ethical viewpoint. (shrink)

We are living in a world where power abuse has become the new norm, as well as the biggest, silent driver of persistent inequalities, racism and human rights violations. As humanity is getting to grips with socio-economic consequences that can only be compared with those that followed World War II, this timely book challenges current thinking, while creating a much needed normative and practical framework for revealing and challenging the power structures that feed our subconscious feelings of (...) despair and defeatism. Structured around the four concepts of power - race - justice - restorative justice, the book uses empirical new data and normative analysis to reconstruct the way we prevent power abuse and harm at the inter-personal, inter-community and international levels. This book offers new lenses, which allow us to view power, race and justice in a modern reality where communities have been silenced, but through restorative justice are gaining voice. The book is enriched with twenty-five case studies written by survivors, practitioners and those with direct experiences of power abuse and inequality. Through robust research methodologies, Gavrielides' new monograph reveals new forms of slavery, while creating a new, philosophical framework for restorative punishment through the acknowledgement of pain and the use of catharsis for internal transformation and individual empowerment. This is a powerful book that generates much needed hope. Through a multi-disciplinary dialogue that uses social sciences, criminology, law, psychology and human rights, the book opens new avenues for practitioners, researchers and policy makers internationally. (shrink)

Caregiving relationships are often characterized by an imbalance of power between the caregiver and her cared-for. The danger that this power will be abused is a source of serious moral concern. In this article, I argue that the risk of an abuse of power sometimes stems not from the possession of power itself, but from the very nature of caring relationships. This is because carers must be prepared to exercise non-minimal amounts of power over (...) their cared-fors, even if doing so is likely to cause the cared-for distress or even pain. This means that caring itself, rather than the malign influence of power dynamics, generates a risk of unintentional abuse. One of the ways in which this risk can be reduced, I argue, is by trying to avoid an exclusive focus on the outcomes of care, and by paying more attention to the way in which that care is delivered. (shrink)

Over the past twenty years, economic theory has begun to play a central role in antitrust matters. In earlier days, the application of antitrust rules was viewed almost entirely in formal terms; now it is widely accepted that the proper interpretation of these rules requires an understanding of how markets work and how firms can alter their efficient functioning. The Handbook of Antitrust Economics offers scholars, students, administrators, courts, companies, and lawyers the economist's view of the subject, describing the application (...) of newly developed theoretical models and improved empirical methods to antitrust and competition law in both the United States and the European Union. After a general discussion of the use of empirical methods in antitrust cases, the Handbook covers mergers, agreements, abuses of dominance, and market features that affect the way firms compete. Chapters examine such topics as analyzing the competitive effects of both horizontal and vertical mergers, detecting and preventing cartels, theoretical and empirical analysis of vertical restraints, state aids, the relationship of competition law to the defense of intellectual property, and the application of antitrust law to "bidding markets," network industries, and two-sided markets.ContributorsMark Armstrong, Jonathan B. Baker, Timothy F. Bresnahan, Paulo Buccirossi, Nicholas Economides, Hans W. Friederiszick, Luke M. Froeb, Richard J. Gilbert, Joseph E. Harrington, Jr., Paul Klemperer, Kai-Uwe Kuhn, Francine Lafontaine, Damien J. Neven, Patrick Rey, Michael H. Riordan, Jean-Charles Rochet, Lars-Hendrick Röller, Margaret Slade, Giancarlo Spagnolo, Jean Tirole, Thibaud Vergé, Vincent Verouden, John Vickers, Gregory J. WerdenPaolo Buccirossi is Director and Founder of Lear, a research center and an economics consulting firm in Rome, and has worked as an economic advisor at the Italian Competition Authority. (shrink)

One of the great Catholic philosophers of our day reflects on the way language has been abused so that, instead of being a means of communicating the truth and entering more deeply into it, and of the acquisition of wisdom, it is being used to control people and manipulate them to achieve practical ends. Reality becomes intelligible through words. Man speaks so that through naming things, what is real may become intelligible. This mediating character of language, however, is being increasingly (...) corrupted. Tyranny, propaganda, mass-media destroy and distort words. They offer us apparent realities whose fictive character threatens to become opaque. Josef Pieper shows with energetic zeal, but also with ascetical restraint, the path out of this dangerous situation. We are constrained to see things again as they are and from the truth thus grasped, to live and to work. (shrink)

The testimonies of celebrities affect the lives of their many followers who pay attention to what they say. This gives celebrities a high degree of epistemic power, which has come under close scrutiny during the COVID-19 pandemic. This paper investigates the duties that arise from this power. We argue that celebrities have a negative duty of testimonial justice not to undermine trust in authoritative sources by spreading misinformation or directing attention to untrustworthy sources. Moreover, celebrities have a general (...) imperfect duty to try to correct for an unjust distribution of attention by redirecting it to those who deserve it. During a pandemic this may become a perfect one, due to the harm that could be prevented if people follow the advice of experts. Relatedly, we argue that celebrities have an imperfect duty to promote behavior that will reduce the spread of a pandemic. We outline three ways they might do so: they might take on the position of a role model, they may act as a salience magnet or they can direct people’s attention towards others who have taken on these roles. (shrink)

Although much theoretical and empirical research has examined organizational power, virtually none has addressed the hierarchical abuse of power in organizations. Managers' incentives and discretion and subordinates' dependencies define the abuse of power as an important organizational issue. This paper offers a conceptualization and process model to help further theoretical and applied understanding, and it considers the ethical nature of power abuse. Two dimensions, disrespect for individual dignity and interference with job performance or (...) deserved rewards, conceptualize the interpersonal abuse of power. Behavioral examples of each dimension are provided.The process model delineates powerholders' motives to abuse power and indicates individual attributes that increase the probability of their pur-suing these motives. Organizational conditions that allow or encourage the abuse of power and managers' particular sources of power interact with these motives and attributes to define decisions about abusing power. Norms and considerations of risk influence these decisions. The decision to abuse power leads to the enactment of power strategies, and they generate intended and unintended outcomes. The process model presented here recognizes an emotional component of the hierarchical abuse of power. (shrink)

Self-regulation has become a mantra for both governments and private industry in the neoliberal era. Yet, problems remain in terms of supermarket accountability and control. Governments everywhere appear to be under increasing pressure to move beyond the self-regulatory model by enacting legislation which better monitors and polices supermarket-supplier relations. In most cases, the appointment of an oversight authority—known variously as an ombudsman, watchdog, or adjudicator—with the power to set standards and apply sanctions, and to whom suppliers can appeal in (...) cases of perceived abuse, has been advocated. This paper investigates the role of watchdogs and ombudsmen as potential governance mechanisms for overseeing supermarket-supplier relations and explores, in detail, escalating pressure for their appointment within the UK and Australia over the last 20 years. The pursuit of regulatory frameworks to monitor, and adjudicate on, problems arising out of changing power relationships along agri-food supply chains in these two countries has been met with strong resistance from supermarkets; however, after 20 years of debate, it appears that these governments may be on the path towards legislating for an independent body to handle disputes. This paper critically examines ‘self-regulation’ and concludes that watchdogs and ombudsmen are only a partial solution, at best, to the problems that are arising from the neoliberal settings which govern relations between food suppliers and food retailers. (shrink)

During the last couple of decades, there has been an expansion in a number of related and overlapping fields producing evidence of covert activities: toxic cultures, destructive leadership styles, micropolitics, ethical problems in organisations and administration, abusive power and authority, and many other topics of dysfunctional management and leadership studies that frequently make reference to secretive and deceptive behaviour.In this book, Eugenie A. Samier draws on a range of disciplines including education, psychology, administration and management studies and organizational theory (...) to provide a comprehensive examination of the ways in which organisational leaders and administrators carry out their roles in a secretive or deceptive manner. Samier presents a theory of covert administration that can be used to:provide an analysis and interpretation of secretive and deceptive activity inform decision-making both theoretically and practically offer a means of diagnosing errant management using secretive and deceptive practicesprovide a general set of guidelines for determining when clandestine activities may be legitimate and moral. Alongside a detailed presentation of the theory of covert administration, the book explores covert administration in practice, factors leading to it, and the results of attempts to combat its many forms. It will be key reading for researchers and postgraduates with an interest in the field, as well as administrators and policy makers. (shrink)

Investigating an actual case that occurred in a New York state hospital where an Orthodox Jewish patient’s legal proxy demands that the clinicians and hospital administrators should provide aggressive treatment with all available technological resources for the seemingly brain-dead patient with a medically futile condition. The authors argue that a health care policy or regulation should be developed to limit patient’s access to technology in critical care. Otherwise, we will be allowing society to issue a carte blanche to religious autonomy (...) by technology abuse. It is argued that religious autonomy should be restricted when its demand exhibits apparent logical absurdity and/or goes against the common survival of the entire population. (shrink)

The study aimed to identify the role of administrative procedures and systems in enhancing the performance of the educational institutions in the Islamic University in Gaza. To achieve the research objectives, the researchers used the analytical descriptive approach to collect information. The researchers used the questionnaire distributed to three categories of employees at the Islamic University (senior management, faculty members, their assistants and members of the administrative board). A random sample of 314 employees was selected and 276 questionnaires (...) were retrieved with a recovery rate of 88.1%. The Statistical Analysis Program (SPSS) was used to enter process and analyze data. The results of the research showed a positive role for the administrative procedures and systems in enhancing the performance of the Islamic University from the point of view of the members (senior management, teaching staff and their assistants and the administrative body), where the relative weight of all the paragraphs (73.728%). The analysis of the results revealed that the administrative procedures at the Islamic University in Gaza are used to an acceptable degree. The relative weight of all the paragraphs is 70%. This indicates a relationship between administrative procedures and regulations and the performance of the Islamic University in the Gaza Strip. The study found that there was a good degree of approval from the sample regarding the administrative procedures and their relationship to the job performance. There exist a sufficient degree of powers to the deans and department managers to carry out their tasks, with the use of plans as control tools. And that there are rules and procedures provided for decision-making in the University Council. It also has full powers to manage the university to improve the teaching and learning environment. The researchers also recommended a number of recommendations, including the need to follow up on the procedures and systems of management and update them continuously in the light of changes that may occur and to ensure the existence of a strong system of electronic information systems within the university. There is a need to provide mechanisms for obtaining information about the surrounding external environment, and effective mechanisms to provide managers with the necessary information in a timely manner. The importance of providing channels of communication that enables staff to communicate information about any violations and breaches. The study also recommended the follow-up, review, procedures and administrative systems, and work to modify them in line with the mission of the university and the objectives that the university seeks to reach. (shrink)

Problem: Medical student mistreatment, as well as patient and staff mistreatment by all levels of medical trainees and faculty, is still prevalent in U.S. clinical training. Largely missing in interventions to reduce mistreatment is acknowledgement of the abuse of power produced by the hierarchical structure in which medicine is practiced. Approach: Beginning in 2001, Yale School of Medicine has held annual “Power Day” workshops for third year medical students and advanced practice nursing students, to define and analyse (...) power dynamics within the medical hierarchy and hidden curriculum using literature, guest speakers, and small groups. During rotations, medical students write narratives about the use of power witnessed in the wards. In response to student and small group leader feedback, workshop organizers have developed additional activities related to examining and changing the use of power in clinical teams. Outcome: Emerging narrative themes included the potential impact of small acts and students feeling “mute” and “complicit” in morally distressing situations. Small groups provided safe spaces for advice, support, and professional identity formation. By 2005, students recognized residents that used power positively with Power Day awards and alumni served as keynote speakers on the use of power in medicine. By 2010, departments including OB/GYN, surgery, psychiatry, and paediatrics, had added weekly team Power Hour discussions. Next Steps: The authors highlight barriers, benefits, and lessons learned. Barriers include the notion of clinical irrelevance and resistance to the word “power” due to perceived accusation of abuse. Benefits include promoting open dialogue about power, fostering inter-professional collaboration, rewarding positive role modelling by residents and faculty, and creating a network of trainee empowerment and leadership. Furthermore, faculty have started to ask that issues of power be addressed in a more transparent way at their level of the hierarchy as well. (shrink)

Magna Carta Libertatum is one of the few documents that continuously imply thorough discussions about fundamental principles of the law. In 2011, Lord McNelly, Justice Minister of UK at the time, has emphasized the core and everlasting principles that derived from this document: ᠅ that the power of the state is not absolute ᠅ that whoever governs the state must obey the law ᠅ and that whoever governs the state must take account of the views of those who are (...) governed. These are the fundamental principles of any government that strives to be distinguished as democratic, these are the self-evident truths that have been developed in the theory of social contract that established the modern day democracies. It is very common that article 39 of Magna Carta that provides for the right to due process, as well as article 40 that provides for the right to access to justice and justice itself, to be usually analyzed from the point of view of the rights of the person accused of a crime. However, it must be taken into consideration, that failure to guarantee these two very important human rights makes the accused person a victim of abuse of power. This article aims to analyze the relevance of Magna Carta in the rise of the concept of rights of victims of abuse of power. Although it is a concept developed later in history, the clauses of Magna Carta that remain in power can be directly linked to this category of victims. The thirteenth century provides a very important perspective on the position of the victim of crime and can be analyzed in a comparative aspect regarding the Common Law and the Civil Law historical development. The article will briefly explain the evolution of the concept of victims’ rights throughout these eight centuries to the modern times when these rights have become a crucial part of the national legislations of Western Balkan countries. (shrink)

The criminal courts have a power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the process of the court has assumed great practical significance and is potentially applicable in many situations. There is at least one consideration of the abuse of process doctrine in virtually every major criminal trial today.This fully updated second edition of Abuse of Process (...) and Judicial Stays of Criminal Proceedings blends doctrinal discussion with a thorough consideration of the underlying theory to provide a searching analysis of the theory and practice of abuse of process in England and Wales, with comparative examinations of many other jurisdictions including The USA, Canada, Australia, and New Zealand. This edition focuses in particular upon the profound impact of the European Convention on Human Rights in this area. (shrink)

Les politiques et l’administration sont les maîtres de la langue de bois. C’est pour eux une question de survie avec les risques que cela implique : la démocratie est dévoyée, les électeurs sont souvent trompés et le fonctionnement de l’État en pâtit. Pour remédier à cela, les think tanks – des organismes privés de recherche représentant la société civile – ont été créés. Leur rôle : dévoiler les discours ambigus des politiques, dénoncer la démagogie et les abus de l’État et (...) de l’administration, critiquer les mauvaises politiques publiques, proposer des solutions. Financés uniquement grâce à des dons privés, les think tanks se sont imposés dans la société américaine comme une force presque aussi importante que les médias.Politicians and bureaucrats are masters of doublespeak. To them, it is a matter of survival with all the risks this implies: democracy has gone astray, voters are frequently misled and the functions of the State are being corroded as a result. Think tanks – which are private research organisations representing civil society – have been set up in an attempt to remedy the situation. Their role is to reveal the ambiguity of political discourse, denounce demagoguery and the misuse of power by the State and its bureaucracy, criticise bad public policy and propose solutions. In the US, these think tanks are funded exclusively by private donations and have become, in American society, almost as powerful as the media. (shrink)

Sexual violence against women is a social problem all over the world, including Nigeria. This article examines the David–Bathsheba narrative against this background, relating it to the problem of masculine abuse of power for sexual assault in Nigeria. It also attempts to find out how the church in Nigeria could use the narrative as a textual basis for responding to this problem. The article is targeted at Nigerians who abuse masculine power in this way, the women (...) who need to be aware of sex predators and the church in employing the text as a response to sexual violence. The article employs the exegetical approach in the study of 2 Samuel 11:2–4, and the descriptive method in the analysis of masculine abuse of power for sexual assault in Nigeria, and how the church could combat it. The essay finds that David used his position as a king to assault Bathsheba, which makes the narrative relevant for the present-day Nigerian context of masculine abuse of power for sexual assault. The church in Nigeria could respond to the awareness of this relevance by making the narrative a textual basis for a response to the problem of sexual violence. The church could develop a policy on violence against women which must be reflected in all its teaching instruments. The church must create healing avenues for the victims of sexual abuse. It should liaise with government agencies to ensure that relevant laws against sexual abuse are applied adequately.Contribution: The article is a contribution in Christian ethics. It likens David’s encounter with Bathsheba to masculine abuse of power for sexual assault in Nigeria. It explains how the church in Nigeria can employ the narrative as a response to this menace. (shrink)

Omnipresent calls for more women in university administration assume these women will prioritize using resources and power to increase female representation, especially in STEM fields where women are most underrepresented. However, empirical evidence is lacking for systematic differences in female versus male administrators’ attitudes. Do female administrators agree on which strategies are best, and do men see things differently? To answer this question, we explored United States college and university administrators’ opinions regarding policies, strategies, and structural changes in their (...) organizations designed to increase women professors’ representation and retention in STEM fields. A comprehensive review of past research yielded a database of potentially-effective, recommended policies (e.g., increasing emphasis on teaching, service, and administration during promotion reviews; stopping the tenure clock for childbearing; providing on-campus childcare; couples-hiring; sharing tenure lines; having more women chair search committees; setting gender quotas for promotion). A survey based on these recommended policies was sent to provosts, deans, associate deans, and department chairs of STEM fields at 96 public and private research universities (formerly called R1s) across the U.S. These administrators were asked to rate the quality and feasibility of each recommended policy; 474 provided data, of which 334 contained complete numerical data used in the analyses, so our results are based on a large, geographically diverse group of administrators at research universities. Our data revealed that female administrators perceived the 44 strategies to be higher in quality overall than did male administrators--but not higher in feasibility--with 9 policies perceived differently when rated by women versus men administrators, after imposing conservative statistical controls. There was broad general agreement on the relative rankings of the 44 policies in terms of their perceived quality. Overall, our national survey of U.S. administrators supported the assertion that placing women in administrative roles creates greater emphasis on the importance of enacting policies to attract and retain women in STEM. Topics of disagreement between women and men regarding strategy quality are important focuses of future policy and planning, because female administrators may have insights into how to retain women professors that male administrators do not share. (shrink)

Globalization and rapid information processes that are inherent in today's post-pandemic society, contributing to the reorganization of the authorities of many countries and their contacts with regions, local territorial units or civil society. Such changes, first of all, provide for delegation of authority at the level of regional and local authorities. However, many developing and today position their own society as post-modern, continue to be in a state of disunity of the branches of government, with a high level of corruption (...) and abuse of official position, improper distribution of resources, inappropriate tax system and incompetent provision of services by relevant authorities. This affects the relevance of studying foreign experience in building a rational, effective, balanced public administration system, the leading place in which in almost all developed countries is the decentralization of the state and, above all, the executive branch. The foreign experience of the successful implementation of decentralization reforms is investigated. The main characteristics inherent in the decentralization of power in European countries are given, including in the context of the existence of a pandemic. The features of decentralization of power in France, the UK, Germany and other countries are highlighted. It is substantiated that the experience of decentralization reforms in each country is unique and reflects the specifics of the development of a particular country, and therefore it is impractical to introduce foreign experience without taking into account the particular economic and political development of a particular country. (shrink)

Several studies on research misconduct have already explored and discussed its potential occurrence in universities across different countries. However, little is known about this issue in Spain, a paradigmatic context due to its consolidated scientific evaluation system, which relies heavily on metrics. The present article attempts to fill this gap in the literature through an empirical study undertaken in a specific university: Universitat Jaume I (Castelló). The study was based on a survey with closed and open questions; almost half the (...) total population of the university’s researchers participated (505 out of 1030, i.e. 49.03%), yielding a representative sample of different academic career stages and areas of knowledge. Results show that 71.68% (n = 362) of the respondents consider at least one form of misconduct to be proliferating in their area of knowledge at the national level. This figure falls to 48.95% (n = 247) in reference to misconduct in their own institution. The most frequently reported types of misconduct linked to life with colleagues are especially the use of personal influence (in evaluation or review processes); lax supervision of doctoral theses; and the abuse of power over people in lower positions. Personal ambitions and pressure from the evaluation system are regarded as the most influential causes of misconduct proliferation, according to academics at this Spanish university. (shrink)

Despite mounting evidence that abusive supervision triggers interpersonal aggression, much remains unknown regarding the underlying causal mechanisms within this relationship. We explore the role of turnover intentions as a mediator in the relationship between abusive supervision and subsequent supervisor-rated interpersonal aggression. We use a sample of 324 supervisor–subordinate dyads from nine organizations and find support for this mediation effect. Furthermore, we find that power-distance orientation and perceived human resource support climate, as important boundary conditions, independently interact with abusive supervision (...) to weaken this positive impact on turnover intentions, thereby reducing interpersonal aggression. We also find via turnover intentions that abusive supervision intensifies interpersonal aggression among high power-distance-oriented individuals when the HR support climate is perceived to be low. Theoretical and practical implications are discussed. (shrink)

When moral philosophers evaluate moral theories they often draw on trolley cases. A number of authors have recently put forward objections against this approach to moral inquiry. In my paper, I will consider some of their criticisms. In doing so, I will not try to address the question whether the methodic use of trolley cases is ultimately defensible. I will rather draw attention to an important distinction that has hitherto been neglected. This distinction is between two uses to which trolley (...) cases can be put, viz. the constructive use and the destructive use. I will argue that this differentiation is important, because some of the most powerful objections to the use of trolley cases apply only to their constructive use. Conclusions regarding the ultimate tenability of the methodic application of trolley cases may, hence, turn on assumptions as to how they are applied. I will start my talk with a discussion of the characteristics of trolley cases. Then, I will distinguish their constructive and destructive use. Finally, I will address arguments against trolley cases in light of this distinction. (shrink)

Futility has indeed been abused. The term has been applied and misapplied, defined and redefined, molded and remolded until the real meaning is no longer understood. When a word loses its meaning, it loses its power. The reason that the term is no longer clear is because attempts have been made to include scenarios under the banner of futility that do not truly fit. From my perspective as a pediatric critical care physician, the majority of troublesome cases are not (...) questions of true futility. More frequently, the ethical concerns and moral distress encountered in the pediatric intensive care unit are not in the realm of the unambiguous; it is precisely in the ambiguous where distress is felt and... (shrink)

History plays an important role in the philosophy of human rights, more so than in philosophical discussions on related concepts, such as justice. History tends to be used in order to make it credible that there is a tradition of rights as a moral idea, or an ethical ideal, that transcends national boundaries. In the example that I investigate in this chapter, this moral idea is tightly spun around the moral dignity of the human person. There has been a shift (...) in conceptions of human rights during the twentieth century, from ‘politics of the state to the morality of the globe’. Rather than figuring in, or as, constitutional principles of the political life of a polity and the relation between a state and its members, the notion of rights has come to serve as the name of a state- and politics-transcending ethical position on the status of the human person, and the relations between human persons. Given that this move from politics of the state to morality of the globe is a recent one, it goes without saying that trying to ground a state-transcending morality of human rights with the help of early modern history is problematic. Still, philosophers of this kind of morality of human rights are prone to claiming, for their accounts, a long-standing human rights tradition that, frankly, is not there, at least not in that form. One example is James Griffin, whose reliance on what he refers to as a historical notion of human rights is the focus of my critical discussion here. Griffin claims that ‘our’ concept of human rights is a product of eighteenth century Enlightenment thought. If ‘our’ concept of human rights is Griffin’s concept, then his claim is false – as I show. I agree, however, that the eighteenth century is a pivotal moment, but if we wish to understand natural rights in eighteenth century thought, we need to grasp the fact that power over others, and the capacity of those who hold that power to also abuse it, was not a contingent concern, or merely part of the extension of a concept defined prior to, or independently of, any such concern. It was built into the concept itself; it was its very point. (shrink)

"Recent decades have witnessed a sharp rise in the number of state apologies for historical and more recent injustices, ranging from enslavement to displacement and from violations of treaties to war crimes, all providing the backdrop to displays of official regret. Featuring a host of leading authors in the field, this book seeks to contribute to the growing literature on official apologies by effectively combining philosophical reflection and empirical analysis. It achieves two interrelated goals: it enriches the theoretical debates on (...) the nature and functions of apologies while bringing forth new insights from hitherto unexamined normative horizons. It further addresses often overlooked aspects of political apologies, such as their non-verbal dimension as well as religious overtones, while testing theoretical reflections through encounters with real practices of state apologies. Finally, the book explores the obstacles to, and the limitations of, political apologies. The result is an excellent interdisciplinary volume that affords the reader a better understanding of conditions for a legitimate and successful state apology. -/- TABLE OF CONTENTS 1. Introduction PART I: THEORETICAL FOUNDATIONS 2. Beyond the Ideal Political Apology; Alice MacLachlan 3. Political Apologies and Categorical Apologies; Nick Smith PART II: RITES AND RITUALS OF REGRET 4. From Mea Culpa to Nostra Culpa: A Reparative Apology from the Catholic Church?; Danielle Celermajer 5. The Power of Ritual Ceremonies in State Apologies: An Empirical Analysis of the Bilateral Polish-Russian Commemoration Ceremony in Katyn in 2010; Michel-André Horelt 6. Confessing the Holocaust: The Evolution of German Guilt; Stefan Engert PART III: CHALLENGING CASES 7. Revisiting the 'Membership Theory of Apologies': Apology Politics in Australia and Canada; Melissa Nobles 8. The Canadian Apology To Indigenous Residential School Survivors: A Case Study of Re-Negotiation of Social Relations; Neil Funk-Unrau 9. What Makes a State Apology Authoritative? Lessons from Post-Authoritarian Brazil; Nina Schneider PART IV: OBSTACLES AND LIMITATIONS 10. The Apology in Democracies: Reflections on the Challenges of Competing Goods, Citizenship, Nationalism and Pluralist Politics; Michael Cunningham 11. An Apology for Public Apologies; Juan Espindola 12. Reasoning Like a State: Integration and the Limits of Official Regret; Cindy Holder". (shrink)

The spectacular corporate scandals and bankruptcies of the past decade have served as a powerful reminder of the risks that are involved in the ownership of enterprise. Unlike other patrons of the firm, owners are residual claimants on its earnings.1 As a result, they have no explicit contract to protect their interests, but rely instead upon formal control of the decision-making apparatus of the firm in order to ensure that their interests are properly respected by managers. In a standard business (...) corporation, it is the shareholders who stand in this relationship to the firm. Yet as the recent wave of corporate scandals has demonstrated once again, it can be extraordinarily difficult for shareholders to exercise effective control of management, or more generally, for the firm to achieve the appropriate alignment of interests between managers and owners. After all, it is shareholders who were the ones most hurt by the scandals at Enron, Tyco, Worldcom, Parmalat, Hollinger, and elsewhere. For every employee at Enron who lost a job, shareholders lost at least US$4 million.2 Furthermore, employees escaped with their human capital largely intact. Creditors and suppliers continue to pick over the bones of the corporation.3 But as far as shareholders are concerned, their investments have simply evaporated, beyond any realistic hope of retrieval. (shrink)

Making use of facilitating payments is a very widespread form of corruption. These consist of small payments or gifts made to a person – generally a public official or an employee of a private company – to obtain a favour, such as expediting an administrative process; obtaining a permit, licence or service; or avoiding an abuse of power. Unlike the worst forms of corruption, facilitating payments do not usually involve an outright injustice on the part of the (...) payer as they are entitled to what they request. This may be why public opinion tends to condone such payments; often they are assumed to be unavoidable and are excused on the grounds of low wages and lack of professionalism among public officials and disorganisation in government offices. Many companies that take the fight against “grand” corruption very seriously are inclined to overlook these “petty” transgressions, which are seen as the grease that makes the wheels of the bureaucratic machine turn more smoothly. Despite this, facilitating payments have a pernicious effect on the working of public and private administrations: all too often they are the slippery slope to more serious forms of corruption; they impose additional costs on companies and citizens; and in the long run they sap the ethical foundations of organisations. Although many articles on corruption mention facilitating payments, there have been no systematic studies from a company’s point of view. This article thus focuses on facilitating payments from the point of view of the company that makes the payment, either as the active partner (when it is the company that takes the initiative) or as the passive partner (when the official or employee is the instigator). (shrink)

From the late eighteenth through the end of the nineteenth century, educational philosophers and practitioners debated the benefits and shortcomings of the use of emulation in schools. During this period, “emulation” referred to a pedagogy that leveraged comparisons between students as a tool to motivate them to higher achievement. Many educationists praised emulation as a necessary and effective motivator. Other educationists condemned it for its tendency to foster invidious competition between students and to devalue learning. Ultimately, by the late nineteenth (...) century emulation as a specific pedagogical practice had disappeared in American educational culture. In this article, Mark Jonas and Drew Chambers ask whether the disappearance of emulation is something to be celebrated or lamented. To answer this question they examine the historical concept of educational emulation and analyze the bases on which proponents and opponents argued. Parties on both sides of the debate framed their arguments in close relation to the way emulation was being used at that time, which prioritized actual competitions and prizes. In that context, the opponents made a better case, which presumably contributed to emulation's disappearance in schools afterwards. However, as earlier proponents of emulation argued, emulation need not be restricted to competitions and prizes. Instead, these proponents offered a philosophically and psychologically rich defense of emulation, but these were not carried through to an appropriate degree. The authors conclude that, construed appropriately, emulation not only had tremendous educational potential then, but still does today. With intentional effort on the part of teachers, emulation can greatly enrich students' lives and act as a powerful learning motivator. (shrink)

In this work, author expressed new R-Synthesis specifically. Good and/or correct perspective that must be behind the definitions and administration generally expressed. New perspective of the philosophy explained generally. Philosophy of GodForm is defined and expressed as connected/related with the following concepts: (a) basic principles, (b) 17 upper constructional philosophies, (c) 14 lower constructional philosophies, (d) eight basic philosophies. As special cases, Philosophy of Engineering and Technology, Philosophy of Wireless Administration and others defined as hybrid philosophies. 17 specific components/units which (...) can be considered to define the basic principles of the related formation, are proposed to be designed by GodForm and defined by the author. Philosophy of GodForm and its relation with Values and Positions specifically defined. New Era Theory and New Era Belief explained generally. Some specific religions/beliefs are defined as variants/forms of the Progressive Religion. Good and/or correct power authorities (R-Power Authority) are defined due to 29 categories. Functional position levels defined for the R-Power Authorities with a unique table. As result of the R-Synthesis, functional position levels of some philosophers, some scientists, and of Prophet Jesus, Prophet Mohamed, Prophets Mouses, Buddha, and of Confucius generally/specifically defined. Integration and past/present effects of some R-Power Authorities in 5 x 5 Ideal Political Construction specifically explained. New Era Belief, Concepts of GodX and Science relation explained with the following concepts: (1) Religion of GodForm, (2) Knowledge of GodX, (3) Nature of GodX. With this respect, some other characteristics of 7 GodX power authorities expressed with details as complementary information. Following concepts/systems defined to arrange and solve some/most/all religious problems, which are determined with R-Synthesis: (a) Religious Responsibilities and Positions, (b) Ideal Religious Administration, (c) Sustainable/Continuable Political Administration System, (d) Community Values Council/Authority for each world country, (e) Progressive Councils. 15 general religious position categories defined to express their good and/or correct meanings/values/responsibilities in the religious system. 21 general/specific cases/programs defined due to New Era Belief to solve possible past/present/future community values problems, to have continuous, judicious, and progressive administration about the 36 kinds of community values. Progressive Councils, which are related with the CUS-WW-HO, are defined. Progressive Religion Council and some of the related religious responsibilities expressed for the kind progressive religion studies due to the Philosophy of Progressive Religions. (shrink)

Many studies have highlighted a substantial "bureaucracy domination" in procedures relating to migrants’ access to territory. This form of domination is marked by highly discretionary and arbitrary practices, enacted by the administrative authorities of the state. Only minor attention, however, has been devoted to the arbitrariness of judicial decisions and to the judicial role in general in the numerous proceedings that increasingly affect the path of migrants. This path is the main object of this paper. The study focuses on (...) Italian case law in expulsion and detention proceedings of irregular third country national citizens and asylum seekers and presents qualitative empirical research on decisions issued by the competent national authorities. The results have been analysed using a selection of theoretical tools, all referable to the general concept of the rule of law. The judicial decisions on pre-removal detention proceedings in two case studies are examined: the jurisprudence on detention of irregular migrants, in different offices of the Justice of the Peace in Italy; and the case law on detention of asylum seekers in the Ordinary Tribunal of Rome. The assumption underlying the research is that various conceptions of the rule of law may have different explanatory power when it comes to explaining the empirical results. To verify this hypothesis, the study proposes an overview of the main rule of law doctrines in the Western tradition of political and legal thought and applies the method of historical-conceptual analysis. As a result, the explanatory power of six theoretical models of the rule of law was verified against the data with the view to highlight the virtues and vices of the respective explanatory frameworks. This article reaches a two-fold conclusion. First, as far as the explanatory frameworks are concerned: the results of the two case studies cannot be fully explained by any of the models considered in this study. This fact alone casts doubts on the explanatory power of these theories and calls for further research on judicial decision-making more generally. Secondly, a key finding of the study regarding the notions of discretion and arbitrariness is that the judicial approach which assures the highest protection of rights is also the one that is most easily influenced by arbitrariness. The author argues that this paradox can be easily dissolved by paying attention to the plural dimensions of arbitrariness. If we consider arbitrariness from a legal point of view, i.e. as an illegal decision, it is unsurprising that the authority that most uses its discretionary powers is also the one most at risk of abusing these discretionary powers and hence of exercising arbitrary power. However, if we consider arbitrariness from the point of view of philosophical-political theory, i.e. as a form of domination characterised by the absence of sufficient justification, it is unsurprising that the judicial approach which assures the highest protection of rights is also the one that takes its own role as guarantor of these rights and of the constitutional democratic legal order as such most seriously. This judicial approach thus most often risks exercising its power in criticisable ways, as compared to an authority much more in line with the requirements of law enforcement agencies. Keywords: migration, discretion, justice, arbitrariness, civil rights, Rechtsstaat, expulsion, mixed constitution. (shrink)

Daly, Brendan I am from Christchurch Diocese, a suffragan diocese of Wellington Archdiocese, a metropolitan see. During the past forty years, one diocesan bishop has resigned and was replaced by his coadjutor. This former coadjutor died soon afterwards. The next bishop resigned and was simultaneously replaced by the appointment of his auxiliary. The next two bishops died and created vacant sees. Usually there are significant time gaps between vacant sees, resulting in each vacancy being a new experience for the key (...) people involved. (shrink)

Anger is often described as a wild emotion that endangers both social order and the possibility of constructive political dialogue. And yet, anger is an indispensable political emotion – for without angry speech the body politic would lack the voice of the powerless questioning the justice of the dominant order. Anger is not the opposite of order, for anger is domesticated by the dominant to serve order – in the form of force, authority, moral indignation and care. Moreover, order itself, (...) in the form of technical rationality, is rooted in the anger of the middle-class professional whose claim to social status and power depends upon their moralistic enforcement of the rule of technique. A dialogical politics can only emerge when anger is heard with empathy, rather than domesticated or silenced. (shrink)

Contemporary critics of the administrative state are right to highlight the dangers of vesting too much power in a centralized bureaucracy removed from popular oversight and accountability. Too often neglected in this literature, however, are the dangers of vesting too little power in a centralized state, which enables dominant groups to further expand their social and economic advantages through decentralized means. This article seeks to synthesize these concerns, understanding them as reflecting the same underlying danger of state (...) capture. It then articulates a set of heuristics for the design of public and administrative institutions, which aim at minimizing the risks of capture from both public and private sources. By following these heuristics, it claims, we can successfully employ the administrative state as a weapon against concentrated private power, rather than allowing it to serve as a tool of dominant groups. (shrink)

Contemporary critiques of the administrative state are closely bound up with the distinctively American doctrine that republican freedom requires that the legislative, executive, and judicial powers be exercised by separate and distinct branches of government. The burden of this essay is to argue that legislative delegation and judicial deference to the administrative state are necessary, or at least highly desirable, features of a democratic separation of powers regime. I begin by examining the historical and conceptual roots of the (...) separation of powers doctrine, paying particular attention to the unique way in which it was adapted to fit the American case. I then examine three concerns that the resulting constitutional system raises about the republican freedom of those who are subject to it—which I call the accountability, legitimacy, and stability concerns—and argue that the administrative state is a useful, albeit imperfect, tool for reducing the unavoidable tension between these concerns. The thrust of this discussion is to push us away from “in principle” objections to the administrative state, and back toward the kinds of prudential considerations that are associated with ordinary liberal politics. More importantly, the aim of the essay is to encourage sober reflection on the real dangers that face the American constitutional system under current circumstances. (shrink)

I argue that the completeness of physics is composed of two distinct claims. The first is the commonly made claim that, roughly, every physical event is completely causally determined by physical events. The second has rarely, if ever, been explicitly stated in the literature and is the claim that microphysics provides a complete inventory of the fundamental categories that constitute both the causal features and intrinsic nature of all the events that causally affect the physical universe. After showing that these (...) claims are distinct, I argue that they can be used to solve a difficulty with existing responses to the exclusion problem—namely, that these existing responses also undermine the powerful causal argument for physicalism. Recognizing that there are two kinds of completeness opens up room for the nonreductive physicalist to solve the exclusion problem while also endorsing a modified, cogent causal argument for a kind of physicalism compatible with her position. (shrink)

Due Process is one of the most interesting and conceptually challenging areas of the common law, and in recent years there has been a major revival of interest in the sheer range and applicability of the term. In this major new book, the author of the widely admired Discretionary Powers offers a study of the underlying principles of due process and fair procedures, and sets the discussion within a broad comparative and theoretical framework. In landmark decisions such as Ridge v. (...) Baldwin the courts in Britain and other parts of the Commonwealth have begun to recognize the importance of procedural fairness across a broad spectrum of official powers and decisions. Principles have begun to emerge, and yet the courts have not yet developed an approach which is entirely adequate to the task. In this timely book, the author traces the development of these principles within a framework which includes analysis and critique of legal developments in the major common law jurisdictions, and which relates these developments to similar ideas under both the European Convention on Human Rights and the American Constitution. Original, scholarly and thought-provoking, this major new study will be required reading for lawyers with interests in public law, civil and criminal procedure, civil liberties, legal theory and comparative law. (shrink)

This article responds to the theory of Common Good Constitutionalism as posited by Adrian Vermeule. He argues that a powerful centralized government composed of wise rulers must use law to direct the public towards a proper political and substantive morality to achieve the ends of the common good. This article then explores the broader concept of Integralism, in which Common Good Constitutionalism is rooted, similar in its belief that politics must be concerned with the human good through the centralization of (...) sovereign power. Natural law adherents created Common Good Constitutionalism and Integralism to combat the legitimate societal threat of modern liberal individualism and reintroduce the spiritual common good into our political and legal discourse. Though these arguments have some appeal, both theories are misguided in their understanding of the nature of politics, law, and the United States as a constitutional republic. This article instead suggests a more authentically Catholic salve for the societal wounds inflicted by acidic individualism; a true natural law understanding of the common good which respects the decentralized history and tradition of our country, the limits of political authority, the social priority of local communities above the state, and most importantly, the reality that man’s ultimate end is God’s gift of salvation. (shrink)