Theories of business ethics or corporate responsibility tend to focus on justifying obligations that go above and beyond what is required by law. This article examines the curious fact that most business ethics scholars use concepts, principles, and normative methods for identifying and justifying these beyond-compliance obligations that are very different from the ones that are used to set the levels of regulations themselves. Its modest proposal—a plea for a research agenda, really—is that we could (...) reduce this normative asymmetry by borrowing from the normative framework of “regulation” to identify and justify an important range of beyond-compliance obligations. In short, we might think of “self-regulation” as a language and a normative framework with some distinct advantages over other frameworks like stakeholder theory, corporate social responsibility, corporate citizenship, and the like. These other frameworks have been under attack in the business ethics literature of late, primarily for their vagueness and their disappointing inability to distinguish clearly between genuine beyond-compliance moral obligations, on the one hand, and charitable acts that are laudable but not morally obligatory, on the other. (shrink)

Those who wish to abolish or restrict the use of non-human animals in so-called factory farming and/or experimentation often argue that these animal use practices are incommensurate with animals’ moral status. If sound, these arguments would establish that, as a matter of ethics or justice, we should voluntarily abstain from the immoral animal use practices in question. But these arguments can’t and shouldn’t be taken to establish a related conclusion: that the moral status of animals justifies political intervention to disallow (...) or significantly diminish factory farming and animal experimentation. In this paper, we set out to do two things: First, we argue that while the arguments mentioned above may establish the moral impermissibility or injustice of the practices they condemn, they are not sufficient to justify political interventions or social policies to abolish or restrict such practices. It is one thing to argue that some moral imperative or imperative of justice exists, and quite another thing to call for the use of political power to induce compliance with that imperative. Our second task is to assess the prospects for developing an argument that is sufficient to justify political interventions to restrict or abolish the use of non-human animals in factory farming or experimentation. Beyond establishing the immorality or injustice of animal consumption or experimentation, one must show that the interventions in question constitute legitimate use of political power. Would prohibiting or discouraging animal use be legitimate? We attempt to answer this question within the context of fundamental liberal constraints on the legitimate use of coercive political power. (shrink)

This article investigates the relationship between distributive injustice and political obligation within the confines of the fair-play theory of political obligation. More specifically, it asks how the distribution of benefits and burdens of a cooperative scheme affects people’s fair-play obligations to that scheme. It argues that neither a sufficiency-based nor a proportionality-based approach is capable of answering that question singlehandedly. However, the two approaches can be combined in a plausible way. Noting that some of the duties that go into (...) our fair-play obligations are ‘gradual’ and others are ‘non-gradual’, the article argues that the sufficiency-based approach explains non-gradual duties such as the duty to obey the law, and that the proportionality-based approach explains gradual duties like political participation and civic responsibility. Thus, the article contends that the fair-play theory should be extended beyond the question of legal compliance and be applied to the duties of good citizenship more generally. (shrink)

In recent years, to protect the rights and welfare of human subjects, institutions in the USA have begun to set up programmes to monitor ongoing medical research. These programmes provide routine, onsite oversight, and thus go beyond existing oversight such as investigating suspected misconduct or reviewing paperwork provided by investigators. However, because of a lack of guidelines and evidence, institutions have had little guidance in setting up their programmes. To help institutions make the right choices, we used interviews and (...) document analysis to study how and why 11 US institutions have set up their monitoring programmes. Although these programmes varied considerably, we were able to distinguish two general types. ‘Compliance’ programmes on the one hand were part of the institutional review board office and set up to ensure compliance with regulations. Investigators’ participation was mandatory. Monitors focused on documentation. Investigators could be disciplined, and could be obliged to take corrective actions. ‘Quality-improvement’ programmes on the other hand were part of a separate office. Investigators requested to be monitored. Monitors focused more on actual research conduct. Investigators and other parties received feedback on how to improve the research process. Although both types of programmes have their drawbacks and advantages, we argue that if institutions want to set up monitoring programmes, quality improvement is the better choice: it can help foster an atmosphere of trust between investigators and the institutional review board, and can help raise the standards for the protection of human subjects. (shrink)

Visual research methods like photography and digital storytelling are increasingly used in health and social sciences research as participatory approaches that benefit participants, researchers, and audiences. Visual methods involve a number of additional ethical considerations such as using identifiable content and ownership of creative outputs. As such, ethics committees should use different assessment frameworks to consider research protocols with visual methods. Here, we outline the limitations of ethics committees in assessing projects with a visual focus and highlight the sparse knowledge (...) on how researchers respond when they encounter ethical challenges in the practice of visual research. We propose a situated approach in relation to visual methodologies that encompasses a negotiated, flexible approach, given that ethical issues usually emerge in relation to the specific contexts of individual research projects. Drawing on available literature and two case studies, we identify and reflect on nuanced ethical implications in visual research, like tensions between aesthetics and research validity. The case studies highlight strategies developed in-situ to address the challenges two researchers encountered when using visual research methods, illustrating that some practice implications are not necessarily addressed using established ethical clearance procedures. A situated approach can ensure that visual research remains ethical, engaging, and rigorous. (shrink)

In this paper, the results of an empirical analysis of a set of 416 descriptive case studies published by corporate members of the UN Global Compact are presented. Although these cases cannot be viewed as representative of the Compact itself or of corporate social responsibility (CSR) and development in general, they can illustrate which kinds of projects are deemed appropriate as best practice examples among Compact members, and therefore indicate the direction, in which predominantly voluntary and business‐led CSR might at (...) best be evolving. To help contextualize the analysis, the paper starts with a brief overview of recent academic work on the strengths and limitations of CSR in the light of international development, followed by the empirical analysis of Compact case studies. The results raise doubts regarding the general suitability of contemporary CSR initiatives to tackle some of the most pressing developmental challenges. Instead, only certain topics are commonly addressed, while a number of issues such as anti‐corruption measures or labour rights are underrepresented in the case study sample. Regarding the target regions of the best practice examples, the majority is reported on activities based in OECD countries and a small number of emerging markets such as South Africa, India or China, while neglecting other regions such as sub‐Saharan Africa (excluding South Africa). From a European Union policy perspective, these results indicate that there is a role to play for the state in order to create a better fit between CSR agendas and the actual developmental needs in the South. (shrink)

In this paper, the results of an empirical analysis of a set of 416 descriptive case studies published by corporate members of the UN Global Compact are presented. Although these cases cannot be viewed as representative of the Compact itself or of corporate social responsibility (CSR) and development in general, they can illustrate which kinds of projects are deemed appropriate as best practice examples among Compact members, and therefore indicate the direction, in which predominantly voluntary and business‐led CSR might at (...) best be evolving. To help contextualize the analysis, the paper starts with a brief overview of recent academic work on the strengths and limitations of CSR in the light of international development, followed by the empirical analysis of Compact case studies. The results raise doubts regarding the general suitability of contemporary CSR initiatives to tackle some of the most pressing developmental challenges. Instead, only certain topics are commonly addressed, while a number of issues such as anti‐corruption measures or labour rights are underrepresented in the case study sample. Regarding the target regions of the best practice examples, the majority is reported on activities based in OECD countries and a small number of emerging markets such as South Africa, India or China, while neglecting other regions such as sub‐Saharan Africa (excluding South Africa). From a European Union policy perspective, these results indicate that there is a role to play for the state in order to create a better fit between CSR agendas and the actual developmental needs in the South. (shrink)

A robust measure of whether local oversight of human subjects research is achieving the ethical goals of research oversight has never been developed. Assessing whether the local review process is achieving the ethical goals of research oversight will allow institutions to monitor their own human subjects protection programs and guide the investment of funds to improve performance. Without a measure of ethical quality, institutions, institutional review boards, regulators, and the public have no way of knowing if the intent of regulations (...) is being realized. (shrink)

Visual research methods like photography and digital storytelling are increasingly used in health and social sciences research as participatory approaches that benefit participants, researchers, and audiences. Visual methods involve a number of additional ethical considerations such as using identifiable content and ownership of creative outputs. As such, ethics committees should use different assessment frameworks to consider research protocols with visual methods. Here, we outline the limitations of ethics committees in assessing projects with a visual focus and highlight the sparse knowledge (...) on how researchers respond when they encounter ethical challenges in the practice of visual research. We propose a situated approach in relation to visual methodologies that encompasses a negotiated, flexible approach, given that ethical issues usually emerge in relation to the specific contexts of individual research projects. Drawing on available literature and two case studies, we identify and reflect on nuanced ethical implications in visual research, like tensions between aesthetics and research validity. The case studies highlight strategies developed in-situ to address the challenges two researchers encountered when using visual research methods, illustrating that some practice implications are not necessarily addressed using established ethical clearance procedures. A situated approach can ensure that visual research remains ethical, engaging, and rigorous. (shrink)

The paper offers a realist account of political obligation. More precisely, it offers an account that belongs to the Williamsian liberal strain of contemporary realist theory (as opposed to a Geussian radical realist strain) and draws on and expands some ideas familiar from Bernard Williams’s oeuvre (thick/thin ethical concepts, political realism/moralism, a minimal normative threshold for distinctively political rule). Accordingly, the paper will claim that the fact of membership in a polity provides people with sufficient reason for complying with those (...) political authority claims whose source is that particular polity. The paper will explain that membership in a polity is constituted not by communitarian identification (Horton), nationhood (Tamir), joined commitment/plural subjectivity (Gilbert), but by the fact that people are stably exposed to political authority claims associated with a particular polity which they find making sense as passing the minimal normative threshold for a distinctively political form of rule (as opposed to the rule of terror or sheer coercion). This political-ethical phenomenon is widely known as political obligation but the paper will argue that the label is in fact a misnomer because it does not refer to a generic obligation. The implications of this account are manifold but two seem especially important: first, the notion of political obligation makes sense even beyond the realm of moralist political theory and, second, realist political theory should pay more attention to the problem of compliance than it used to do. (shrink)

This article examines the production of consecrated femininity in contemporary Polish convents. Drawing on qualitative data from 35 interviews in five religious communities the article explores the type of female agency which transforms the dominant model of Polish femininity instead of resisting it. Following Lois McNay’s concept of narrative identity, the article argues that female agency does not necessarily emerge out of subversion of the male-dominated Polish Catholic Church. Rather than simply being placed within discursive structures, Catholic nuns reflexively alter (...) them by using a mixture of gender ideology and spiritually driven gender work in order to produce coherent and socially meaningful narratives of consecrated femininity. (shrink)

The malfeasance and misfeasance crises within corporate America have prompted a tripartite response from policymakers. Stringent legislation targeting somnambulant boards has been introduced; enforcement departments have been strengthened at the federal, state and self-regulatory bodies charged with overseeing the markets; the Department of Justice and the New York District Attorney's Office have taken notably aggressive stances in the criminal prosecution of individual malefaction. This paper critically assesses the implications of the changes to the legislative, regulatory and criminal justice frameworks on (...) the governance of Wall Street. Specifically, I deconstruct the rationale governing a plea-agreement entered into by Merrill Lynch in return for the temporary abeyance of criminal charges. The paper argues that this intervention, if implemented, has far-reaching consequences, effectively criminalising standard Wall Street practice. (shrink)

Will the Sarbanes-Oxley Act of 2002 and the emerging EU auditing standards be adequate to stop major corporate scandals? Certainly they will help, but the best defence against fraud is a corporate culture strong enough to itself stop abuse internally. Activities imposed from the outside can never match the role of colleagues within a company who challenge one another to maintain the highest of ethical standards and good business practices. Boards must ensure a strong ethics framework of appropriate behaviour. Since (...) behaviour is based on values priorities, a mutual effort at all levels to deal with corporate ethics begins with a clear understanding of core values, both individually and organisationally. If a company wants to achieve a high Return on Capital Employed and Customers Engaged, a high Return on Competencies Enhanced, and a high Return on Co-Creative Energy, it is a major breakthrough to discover the interrelationship between: value, values, valuing and valuation. (shrink)

The author offers perspectives that can assist healthcare managers in achieving the highest ethical standards as they face their roles as healthcare providers, employers, and community service organizations. He also examines how to comply with relevant laws and regulations, provide high quality patient care with limited resources, and more.

Drawing on the interactionist perspective of innovation and on the sustainable ethical strength framework, the present research examines the moderating role of supervisors’ moral courage to go beyond compliance in the relationships between teamwork quality, team creativity, and team idea implementation. Two field studies, using multi-source and multi-wave data, indicated that teamwork quality was positively related to team idea implementation via team creativity, particularly when team supervisors revealed moral courage to go beyond compliance. When supervisors lacked (...) such courage, teams struggled to develop creative ideas and to implement them. Robustness checks and tests of alternative theoretical explanations indicated that our model and findings are robust. From a theoretical perspective, our findings indicate that, due to its empowering and promotion focused orientation, supervisors’ courage to go beyond compliance has relevance for the teamwork and team innovation domains, playing an important moderating role in defining whether quality teamwork leads to enhanced team creativity and team idea implementation. (shrink)

Joseph Heath lumps in quotas and protectionist measures with cartelization, taking advantage of information asymmetries, seeking a monopoly position, and so on, as all instances of behavior that can lead to market failures in his market failures approach to business ethics. The problem is that this kind of rent and rent seeking, when they fail to deliver desirable outcomes, are better described as government failure. I suggest that this means we will have to expand Heath’s framework to a market and (...) government failures approach. I then try to defuse objections that as a government failure, rent seeking may not appear relevant to what managers ought to do. Solving this conceptual issue will also give us an excuse to revisit a separate conceptual issue: the normatively thick conception of “rent” and rent seeking behavior that some use. This normatively thick conception is problematic, I argue, and I offer the beginnings of a novel, normatively neutral conception that is useful for our purposes in making the ethics of rent and rent seeking behavior more than a merely trivial exercise. (shrink)

Wayne Norman argues that there should be more similarity or unity between the justifications for markets and the extra-legal norms that apply to market agents. I question two aspects of his claim. First, why does Norman refer to this view as a view about the self-regulation of market agents? Agents could self-regulate with many different norms, not necessarily norms informed by the justifications for markets. Second, asking for more similarity might create problems in terms of the liberty of market agents (...) to pursue other morally relevant objectives. How are we to balance these other relevant objectives and the objectives of markets? (shrink)

This book contains the Rockwell Lectures delivered at Rice University in February, 1989. What should a business firm do when its activities are within the law, yet potentially harmful? Each of the lectures is built around a case, reflecting the ethical dilemma faced by business managers when doing more than the law requires, which may mean substantial loss of profit. With the issue of dial-a-porn, telephone companies were faced with conflicting interests of protecting children against harm, preserving free speech, and (...) profit. In a property sales case, a potential flooding problem could result in substantial financial loss to the purchaser and damage to condominiums. In a case where the complete bid of a competitor had been obtained and the law was murky, winning a contract was pitted against fairness and honesty. (shrink)

This essay investigates the structure of fiduciary obligations, specifically the obligation of loyalty. Fiduciary obligations differ from promissory obligations with respect to the possibility of Promissory obligations can be satisfied through behavior that conforms to a promise, even if that behavior is done for inappropriate reasons. By contrast, fiduciary loyalty necessarily has an intentional dimension, one that prevents satisfaction through accidental compliance. The intentional dimension of fiduciary loyalty is best described by what we call the (...) account. This account both explains the conscientiousness that loyalty demands and improves on other accounts of the intentional dimension of loyalty. Our analysis challenges two of the most prominent ways of conceptualizing fiduciary obligations. configures fiduciary obligations as a species of contractual duties. The view that we call reduces fiduciary obligations to the juridical prohibitions that apply to fiduciaries. Neither of these approaches is satisfactory, because each neglects the intentional dimension of fiduciary loyalty. (shrink)

Why do people comply with coronavirus disease 2019 public health guidance? This study considers cultural-psychological foundations of variation in beliefs about motivations for such compliance. Specifically, we focused on beliefs about two sources of prosocial motivation: desire to protect others and obligation to society. Across two studies, we observed that the relative emphasis on the desire to protect others as an explanation for compliance was greater in the United States settings associated with cultural ecologies of abstracted independence than (...) in Chinese settings associated with cultural ecologies of embedded interdependence. We observed these patterns for explanations of psychological experience of both others and self, and for compliance with mandates for both social distancing and face masks. Discussion of results considers both practical implications for motivating compliance with public health guidance and theoretical implications for denaturalizing prevailing accounts of prosocial motivation. (shrink)

The possibility of supererogation--doing more than one feels morally obliged to do--is denied by many thinkers.

According to the Market Failures Approach to business ethics, beyond-compliance duties can be derived by employing the same rationale and arguments that justify state regulation of economic conduct. Very roughly the idea is that managers have a duty to behave as if they were complying with an ideal regulatory regime ensuring Pareto-optimal market outcomes. Proponents of the approach argue that managers have a professional duty not to undermine the institutional setting that defines their role, namely the competitive market. (...) This answer is inadequate, however, for it is the hierarchical firm, rather than the competitive market, that defines the role of corporate managers and shapes their professional obligations. Thus, if the obligations that the market failures approach generates are to apply to managers, they must do so in an indirect way. I suggest that the obligations the market failures approach generates directly apply to shareholders. Managers, in turn, inherit these obligations as part of their duties as loyal agents. (shrink)

This paper explores the level of obligation called for by Milton Friedman’s classic essay “The Social Responsibility of Business is to Increase Profits.” Several scholars have argued that Friedman asserts that businesses have no or minimal social duties beyond compliance with the law. This paper argues that this reading of Friedman does not give adequate weight to some claims that he makes and to their logical extensions. Throughout his article, Friedman emphasizes the values of freedom, respect for law, (...) and duty. The principle that a business professional should not infringe upon the liberty of other members of society can be used by business ethicists to ground a vigorous line of ethical analysis. Any practice, which has a negative externality that requires another party to take a significant loss without consent or compensation, can be seen as unethical. With Friedman’s framework, we can see how ethics can be seen as arising from the nature of business practice itself. Business involves an ethics in which we consider, work with, and respect strangers who are outside of traditional in-groups. (shrink)

Business Ethics: A European Review, EarlyView.

This paper reports a preliminary sketch of a framework for integrating perspectives on economics, ethics, strategy, and stakeholders (Jones, 1995). It may notbe desirable in management practice to separate such considerations (Harris & Freeman, 2008). There are three general types of collective choice institutions: governments, markets, and voluntary associations. There are four general types of moral theory: moral rules (Kantianism), consequentialism (utilitarianism), virtuousness (bundling virtue theory, religion, and moral intuitionism), and social contract. There are three general positions concerning social responsibilities (...) of individuals and corporations (i.e., a licensed group of individuals). One position asserts zero social responsibility beyond compliance with laws. The polar-opposite position asserts significant social responsibilities by moral obligation. An intermediate position asserts social responsibility by agent cost-benefit analysis. The framework seeks to map these types of institutions, moral theories, and social responsibility conceptions relative to one another. The purpose is to see whether insight can be obtained concerning certain key developing debates. The paper explores implications of the work of Ostrom and Williamson (winners of the 2009 Nobel Prize in Economic Sciences) for this framework. That work addresses choice institutions—to which moral theories and social responsibility theories can be added. (shrink)

I argue that supererogation poses a serious problem for theories of moral reasoning and that this problem results, at least in part, from our taking too narrow a view of the reasons that can influence an act’s deontic status. We tend to focus primarily on those reasons that count directly for and against an act’s performance. To adequately account for supererogation, we need to consider also a different class of moral reasons. Aside from those reasons that contribute, for instance, to (...) an act’s being morally better or worse than its alternatives, there are moral reasons that govern the ways in which we respond to the performance or non-performance of those acts. These reasons govern the attitudes we express in response to moral acts as well as our practices of issuing demands and of seeking justification in the case of an omission. These sorts of moral reasons are, I argue, integral to an account of supererogation. Attending to them will allow us to accept that the supererogatory omission does actually involve a moral failure of sorts while denying that it is a failure of obligation. And this will allow us to account for our intuitions regarding supererogation while avoiding what I call the problem of supererogation. I begin with a discussion of what we might mean by ‘supererogation’, and I outline the problem that it raises. I then provide an account of supererogation that avoids this problem. (shrink)

Recent scholarship has tied duties of distributive justice to the existence of coercive institutions. This body of work argues that, because the international system lacks institutions that can coerce individuals in the same manner as domestic institutions, there are no international obligations to address relative poverty and inequality. Proponents of this view use it to support the existence of a compatriot preference that requires us to meet the needs of compatriots before meeting those of the global poor. Even supposing (...) distributive justice to be linked to coercion, coercive institutions do exist at the international level. These institutions coerce states rather than individuals, but their ability to coerce gives rise to duties of economic redistribution between states. (shrink)

There is a tradition of modern French philosophy that contains valuable resources for thinking about the nature and limits of obligation and how a higher calling of life beyond obligation might be conceived. This is a tradition of an ethics of generosity whose best exemplar is perhaps Henri Bergson and that extends in our own time to the writing of Gilles Deleuze.

A Heideggerian reading of J.H. van den Berg's writings contributes to an appreciation of phenomenological psychology as a cultural therapeutics. Both van den Berg's structural phenomenology of human existence and his Metablectic theory of historical changes lead to a notion of culture as a disclosive construction of the world. Our technological culture, in its reduction of all forms of relatedness to functionality (what van den Berg refers to as secularization), has repressed the spiritual dimension of contemporary life. The resultant derangement (...) of social existence gives rise to the individual distress brought in to psychotherapy. Attention to the spiritual unconscious is the ethical obligation of phenomenological psychology that transcends, and in so doing contextualizes considerations of professional competency. (shrink)

This paper highlights the need for researchers and research ethics committees to look at the implications of a research study beyond the immediate research question, and the dignity, safety and wellbeing of research subjects, going on to consider whether the results of the study could be detrimental, for example, to more vulnerable groups in society. Although the case studies described come from workplace-based psychosocial research, it is suggested that the lessons drawn from these could be applied more generally.

Learning to see the continuity between our everyday decision-making and our decision-making around new biotechnologies is key to acclimatizing to our enhanced future. By excavating this decision-making, Singh helps us see that Ritalin isn’t really that big a deal and helps dispel what Malcolm Gladwell (1999) noted as the “strange inversion of moral responsibility” encouraged by books like ‘Ritalin Nation’ and ‘Running on Ritalin,’ whose authors “seek to make those parents and physicians trying to help children with A.D.H.D. feel guilty (...) for doing so.”. (shrink)

If computer ethics is to constitute a real engagement with industry and society that cultivates a genuine sensitivity to ethical concerns in the creation, development, and implementation of technologies, a genuine sensitivity that stands in marked contrast to ethics as “mere compliance,” then computer ethics will have to consist in issuing an open invitation to inquiry, since going beyond mere compliance requires a sensitivity to the importance of what we care about, and inquiry has the potential to (...) leverage what our audiences already care about to bring them to care about computer ethics. This commitment to open inquiry is apparent in the practice of computer ethics at Ethicomp and in our interfaces with various audiences beyond Ethicomp. We mentor professionals, aspiring professionals, managers, end-users, policy makers, and each other by offering an open invitation to inquiry about the broad ethical implications of the practices, professions, and institutions of computing and the design, development, and implementation of computer artifacts. (shrink)

This paper discusses whether the collateral harm of imprisonment to the close family members and children of prison inmates may give rise to special moral obligations towards them. Several collateral harms, including decreased psychological wellbeing, financial costs, loss of economic opportunities, and intrusion and control over their private lives, are identified. Two competing perspectives in moral philosophy are then applied in order to assess whether the harms are permissible. The first is consequentialist and the second is deontological. It is (...) argued that both of them fails and therefore it is hard to defend the position that allowing for these harms would be morally permissible, even for the sake of the overall aims of incarceration. Instead, it is argued that these harms imply that imprisonment should only be used as a last resort. Where it is necessary, it should give rise to special moral obligations. Using the notion of residual obligation, these obligations are defended, categorized and clarified. (shrink)

With each novel infectious disease outbreak, there is scholarly attention to healthcare providers’ obligation to assume personal risk while they care for infected patients. While most agree that healthcare providers have a duty to assume some degree of risk, the extent of this obligation remains uncertain. Furthermore, these analyses rarely examine healthcare institutions’ obligations during these outbreaks. As a result, there is little practical guidance for healthcare institutions that are forced to weigh whether or when to exclude healthcare providers (...) from providing care or allow them to opt out from providing care to protect themselves. This article uses the COVID-19 pandemic to examine the concept of risk and the professional duties of both healthcare providers and healthcare institutions, and proposes a framework that can be used to make concrete institutional policy choices. This framework should be a useful tool for any hospital, clinic, or health agency that must make these choices during the current pandemic and beyond. (shrink)

This book explains China's intellectual property perspective in the context of European theories, through a critical examination of intellectual property theory and practice focused on China's compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The author's critical review of contemporary intellectual property philosophy suggests that justifying intellectual property protection through Locke or Hegel's property theories internalizes a theoretical paradox. "Professor Wenwei Guan's treatment of intellectual property law and practice in the PRC offers new perspectives that (...) enrich an already active field of study. This book will be a useful contribution to academic and policy discourses examining conceptual and operational dimensions of China's intellectual property protection system and the broader process of China's international engagement." - Dr. Pitman B. Potter, Professor of Law, University of British Columbia, Canada "Dr. Guan reminds us of the daunting challenge of the public-private divide in forming and reforming TRIPS regime; how this regime has failed to address development needs and public concerns in developing countries like China; and how TRIPS's 'birth defect' can be overcome and its evolution can be put back on the right track." - Dr. Yahong Li, Associate Professor at Faculty of Law, Hong Kong University. (shrink)