This research is conducted by the Intellectual Property and Policy Research Group at the W. Maurice Young Centre for Applied Ethics at the University of British Columbia. It is part of the GE3LS component of the Genome Canada Project "Dissecting Gene Expression Networks in Mammalian Organogenesis," MORGEN, which is located principally at the British Columbia Cancer Agency, Vancouver, British Columbia, Canada. The project is involved in upstream, basic genomic research. Part of this work includes the characterization of gene regulatory mechanisms (...) governing organogenesis with a special focus on the heart, liver and pancreas. This paper serves as an introduction to both the MORGEN case study and the role of alternative mechanisms, such as open source. We discuss interim research results as they relate to our broader study of the relationship between open science, commercialization and technology transfer offices. The role of technology transfer offices is central to our analysis and is viewed as a key factor in implementing Genome Canada policies and principles associated with IP and commercialization. (shrink)

Recent research suggests that collectivism breeds corruption in bank lending. This finding, together with the stickiness of culture, poses a direct challenge to economic growth in collectivist societies. In this paper, we address this grim outlook by examining the types of firms that are susceptible to the detrimental effect of collectivism on lending integrity and the formal institutions that can help alleviate such effect. We find that the adverse effect of collectivism on bank corruption is more severe in small and (...) medium-sized firms, privately owned firms, and non-exporting firms, while it is considerably weaker in countries with more effective private monitoring, a higher fraction of foreign-owned banks, a more competitive banking sector, better information sharing, and stronger legal and political institutions. Our findings are robust to using alternative measures of collectivism and alternative dependent variables. These results highlight how firm-level characteristics and formal institutions interact with collectivism in affecting firms’ access to bank credit. (shrink)

Increasing globalisation and advances in artificial reproductive techniques have opened up a whole new range of possibilities for infertile couples across the globe. Inter-country gestational surrogacy with monetary remuneration is one of the products of medical tourism meeting in vitro fertilisation embryo transfer. Filled with potential, it has also been a hot topic of discussion in legal and bioethics spheres. Fears of exploitation and breach of autonomy have sprung from the current situation, where there is no international regulation of surrogacy (...) agreements—only a web of conflicting national laws that generates loopholes and removes safeguards for both the surrogate and commissioning couple. This article argues the need for evidence-based international laws and regulations as the only way to resolve both the ethical and legal issues around commercial surrogacy. In addition, a Hague Convention on inter-country surrogacy agreements is proposed to resolve the muddled state of affairs and enable commercial surrogacy to demonstrate its full potential. (shrink)

In Western Kenya, smallholder dairy production is becoming incrementally commercialized through the commodification and sale of milk through formal market channels. While commercialization is often construed as a way to boost rural livelihoods through increased income from milk, emerging evidence suggests that married women are not directly benefiting from formal milk market participation. This critical issue of gender power imbalance has been framed by development interventions in economic efficiency and social justice perspectives, but thus far interventions in the sector have (...) not addressed how underlying social-market mechanisms embedded in gendered ideology influence smallholder engagement in dairy commercialization. Drawing on feminist theories of power and social embeddedness, this study investigates how gendered power relationships materialize and influence formal milk marketing engagement and practices in Western Kenya. Facilitated discussion groups with smallholder farmers revealed the gendered ideologies and norms that ascribe masculinized meaning to cattle, milk, and commercial enterprise. Key informant interviews with commercial dairy management and farmers were used to identify current practices for increasing women’s formal market participation—namely, direct payments to women for milk deliveries. Findings from this study indicate that cattle and formal dairy market participation are imbued with gendered meaning that create legitimacy around men’s privilege over dairy proceeds. Interventions in the sector aimed at addressing gender power imbalances must acknowledge this dynamic, and accept the social trade-offs and gendered costs of dairy commercialization. (shrink)

The aim of this article is to explore the impact of commercial marketing on personal autonomy. Several philosophers argue that marketing conflicts with ideals of autonomy or, at best, is neutral to these ideals. After qualifying our concept of marketing and introducing the distinctions between (i) divergent and convergent marketing and (ii) being autonomous and acting autonomously, we demonstrate the heretofore unnoticed positive impact of marketing on autonomy. Specifically, we argue that (i) convergent marketing has a significant potential to (...) reinforce autonomous action and (ii) divergent marketing has a significant potential to reinforce the state of being autonomous. (shrink)

Commercial republicanism is the idea that a properly-structured commercial society can serve the republican end of minimizing the domination of citizens by states (imperium) and of citizens by other citizens (dominium). Much has been written about this idea in the last half-century, including analyses of individual commercial republicans (e.g., Adam Smith and Immanuel Kant) as well as discussions of national traditions of the same (e.g., in America, Britain, France, the Netherlands, and Italy). In this chapter, I review (...) five kinds of arguments that have been historically offered for how commercial society so understood advances the republican ideal of non-domination: first, by simply realizing non-dominating relationships in the marketplace itself (Instantiation); second, by encouraging the growth of a wide middle class that can offer a counterweight to other, dominating classes (Internal Check-and-Balance); third, by increasing the wealth and power of republics vis-à-vis other, dominating states in the international arena (External Check-and-Balance); fourth, by helpfully nurturing bourgeois-civic virtues in republican citizens (Cultivating Virtue); and finally, by transforming dangerous passions into more readily regulable, even socially beneficial material interests (Sublimating Vice). I end the chapter by briefly considering commercial republicanism’s prospects as a continuing research program. (shrink)

Adam Lucas has written another excellent book on medieval history and technology. His approach follows in many ways those of John Langdon and Richard Holt, whose influence he graciously acknowledges. Lucas also continues their challenge to older theories about water-powered mills. What his study adds to theirs is a considerable additional number of medieval monastic and ecclesiastical communities and their mills, most of these located in parts of England much less studied earlier. Thus, he adds considerably to our overall knowledge (...) of milling resources available in England after Domesday and the varied costs of using water- and wind-powered mills. There is much that is good, useful, and innovative in this study.Lucas argues that the conclusions of Marc Bloch’s 1935 article on the advent and triumph of the medieval water mill as a tool of seigneurial oppression cannot be wholly sustained for all of Europe; in many places, including in parts of England and in the holdings of particular r .. (shrink)

Recent research suggests that many microfinance institutions increasingly focus on financial performance at the expense of the social component of their dual objectives. Existing studies typically assume that capital providers and managers mainly drive this so-called mission drift. In this study, we investigate whether ‘personal mission drift’ at the credit officer level can further explain the reduced emphasis on poorer clients among microfinance institutions. We present both qualitative and quantitative evidence that more experienced credit officers tend to serve fewer vulnerable (...) clients. Specifically, we show that all else being equal, credit officer experience is negatively correlated with the provision of small loans, loans to young clients, and loans to clients with disabilities. Our qualitative analysis suggests that perceived client risk and preferences for increased time efficiency mainly drive more experienced credit officers’ relative neglect of more vulnerable clients. This drift appears to be reinforced by the industry’s incentive schemes. Therefore, credit officer incentives and training should be designed to prevent this mission drift, which is observed at the microfinance institution level but is actually initiated at the credit officer level. (shrink)

We begin by a summary of the standardized version of the model of the interaction between scientific activities and values (elaborated fully in Lacey and Mariconda, 2015), and based on it we argue that there is a profound incoherence in the self- understanding of the modern scientific tradition, and that the main options actually available to ensure continuity with the positive realizations of this tradition can be well represented by two sorts of ideal types that we name, respectively,“commercially orientated technoscience” (...) and “multi-strategic research”. Then, in the light of the predominance that commercially oriented technoscience has gained in contemporary scientific institutions, we argue for the importance of developing multi-strategic research in areas such as agriculture. This is needed so that adequate evaluation of the potential risks of large scale applications of technoscience, as well as harm they may have actually occasioned, can be made; and also so that these applications can be rigorously compared with scientifically informed practices, such as agroecology, which are not as problematic for human health and the environment and which explore the regenerative powers of nature itself. (shrink)

The idea of a market in human organs has traditionally met with widespread and emphatic rejection from both secular and religious fronts alike. However, as numerous human beings continue to suffer an uncertain fate on transplant waiting lists, voices are beginning to emerge that are willing at least to explore the option of human organ sales. Anyone who argues for such an option must contend, however, with what seem to be largely emotional rejections of the idea. Often it seems that (...) rebuffs offered on a secular ground are rooted in nothing more than vague discomforts. We suspect that these discomforts are often based in religious sentiments that have wound their way into the fabric of secular America. Therefore, in order to contribute further to those voices heard in favor of human organ sales, it is worthwhile to show that from a religious perspective, it is just as possible to affirm the appropriateness of human organ sales as it is from a secular basis. Since Protestantism has historically had a powerful influence in American society it is a proper starting point for such an investigation. (shrink)

Heath services come with the promise of confidentiality.1 The ethical mandate to safeguard the confidentiality of personal health information aligns with legal mandates to do the same. Numerous state and federal laws demand one form of health data confidentiality or another, best illustrated by the Health Insurance Portability and Accountability Act.2 In early 2011, the Department of Health and Human Services decided to take a tougher stand against HIPAA violators, utilizing powers created by the Health Information Technology for Economic (...) and Clinical Health Act.3 Ushering in a new era, the U.S. Department of Health and Human Services imposed an unprecedented civil penalty of $4.3 million on Cignet Health of .. (shrink)

It is argued that there are good reasons for believing that commercial surrogacy is often exploitative. However, even if we accept this, the exploitation argument for prohibiting (or otherwise legislatively discouraging) commercial surrogacy remains quite weak. One reason for this is that prohibition may well 'backfire' and lead to potential surrogates having to do other things that are more exploitative and/or more harmful than paid surrogacy. It is concluded, therefore, that those who oppose exploitation should concentrate on: (a) (...) improving the conditions under which paid surrogates 'work'; and (b) changing the background conditions (in particular, the unequal distribution of power and wealth) which generate exploitative relationships. (edited). (shrink)

ArgumentIn this article I describe the establishment and early development of an institution that is unique to the history of Chinese medicine – the Imperial Pharmacy. Established in 1076 during the great reforms of the Song dynasty, the Imperial Pharmacy was a remarkable institution that played different political, social, economic, and medical roles over the years of its existence. Initially it was an economic institution designed to curb the power of plutocrats who were manipulating medicinal drug markets in their favor. (...) A few decades later, I claim, the Imperial Pharmacy became a public-health-oriented institution focusing on selling readymade prescriptions in addition to simples. Various records, including local gazetteers and local maps, indicate that the Imperial Pharmacy expanded about a century after it was established to include dozens of branches throughout the empire. The Pharmacy's impact on the practices of physicians during these years is somewhat vague. It seems, however, to have posed an unwelcome addition to the medical scene, since it enabled uninitiated practitioners who relied on the Pharmacy's formulary to fit patients' symptoms to their own prescriptions and dispense medications with relative ease. (shrink)

James Madison is the thinker most responsible for laying the groundwork of the American commercial republic. But he did not anticipate that the propertied class on which he relied would become extraordinarily politically powerful at the same time as its interests narrowed. This and other flaws, argues Stephen L. Elkin, have undermined the delicately balanced system he constructed. In Reconstructing the Commercial Republic , Elkin critiques the Madisonian system, revealing which of its aspects have withstood the test of (...) time and which have not. The deficiencies Elkin points out provide the starting point for his own constitutional theory of the republic—a theory that, unlike Madison’s, lays out a substantive conception of the public interest that emphasizes the power of institutions to shape our political, economic, and civic lives. Elkin argues that his theory should guide us toward building a commercial republic that is rooted in a politics of the public interest and the self-interest of the middle class. He then recommends specific reforms to create this kind of republic, asserting that Americans today can still have the lives a commercial republic is intended to promote: lives with real opportunities for economic prosperity, republican political self-government, and individual liberty. (shrink)

The socio-ethical concerns regarding exploitation in commercial surrogacy are premised on asymmetric vulnerability and the commercialization of women’s reproductive capacity to suit individualistic motives. In examining the exploitation argument, this article reviews the social contract theory that describes an individual as an ‘economic man’ with moral and/or political motivations to satisfy individual desires. This study considers the critique by feminists, who argue that patriarchal and medical control prevails in the surrogacy contracts. It also explores the exploitative dynamics amongst actors (...) in the light of Baier’s conceptualization of trust and human relationship, within which both justice and exploitation thrive, and Foucault’s concept of bio-power. Drawing on these concepts, this paper aims to investigate the manifestations of exploitation in commercial surrogacy in the context of trust, power and experiences of actors, using a case study of one clinic in India. The actors’ experiences are evaluated at different stages of the surrogacy process: recruitment, medical procedures, living in the surrogate home, bonding with the child and amongst actors, financial dealings, relinquishment and post-relinquishment. (shrink)

The marketization of interest rate is an inevitable requirement for China’s financial reform and joining the WTO to connect with the international financial market. It is also an important link to improve the marketization degree of China’s financial system. The marketization of interest rate in China is gradually advancing according to its preset mode. In the process of interest rate marketization, an unavoidable problem is that while the interest rate marketization gives the commercial banks the autonomy of capital pricing, (...) the fluctuation of interest rate is more and more frequent. However, due to the fluctuation of interest rate, the loan as the main assets of commercial banks will be prepayed by borrowers, and the time deposit as the main liabilities of commercial banks will be withdrawn by depositors in advance; that is, embedded options are implied in asset liability items, which makes it difficult for commercial banks to accurately calculate the actual interest margin of deposits and loans and manage the interest rate risk. Therefore, it is of great significance to identify and price such embedded option value. On the basis of identifying and decomposing the embedded options in deposit and loan of commercial banks, according to the change characteristics of deposit and loan interest rate of Chinese commercial banks, this paper chooses jump-diffusion interest rate model to describe the change of benchmark interest rate of deposit and loan in China and demonstrates the advantages of this model compared with other models. Based on Monte Carlo simulation technology, the embedded options of five-year fixed deposit and ten-year prepayable loan in China are priced. On this basis, it points out that the real interest margin of commercial bank’s deposit and loan should be the nominal interest margin minus the value of deposit and loan’s embedded options. In the process of interest rate risk management, we should pay attention to the existence of embedded options and carry out effective management. (shrink)

This paper is an exploration of a current environmental issue dividing two industries in the UK. The issue is offshore wind farms, and the industries are commercial fishing and wind energy. The controversy over offshore wind farms highlights three core issues of conflict: the adequacy of stakeholder consultation processes; the right to compensation for loss of livelihood; and the lack of adequate data. We find that the characterisations that developers, regulators, and fishers hold of each other critically inform their (...) positions on these issues. We examine the weak bargaining position of fishers, and the ‘power game’ that is played out between them and developers. We conclude that offshore wind farm development would be better managed if stakeholder consultation was more extensive, compensation claims were standardised, and scientific data were more readily available, but that in the meantime, fishers could improve their bargaining power by mobilising potential allies. (shrink)

This paper is an exploration of a current environmental issue dividing two industries in the UK. The issue is offshore wind farms, and the industries are commercial fishing and wind energy. The controversy over offshore wind farms highlights three core issues of conflict: the adequacy of stakeholder consultation processes; the right to compensation for loss of livelihood; and the lack of adequate data. We find that the characterisations that developers, regulators, and fishers hold of each other critically inform their (...) positions on these issues. We examine the weak bargaining position of fishers, and the 'power game' that is played out between them and developers. We conclude that offshore wind farm development would be better managed if stakeholder consultation was more extensive, compensation claims were standardised, and scientific data were more readily available, but that in the meantime, fishers could improve their bargaining power by mobilising potential allies. (shrink)

Powered by ‘big health data’ and enormous gains in computing power, artificial intelligence and related technologies are already changing the healthcare landscape. Harnessing the potential of these technologies will necessitate partnerships between health institutions and commercial companies, particularly as it relates to sharing health data. The need for commercial companies to be trustworthy users of data has been argued to be critical to the success of this endeavour. I argue that this approach is mistaken. Our interactions with (...) class='Hi'>commercial companies need not, and should not, be based on trust. Rather, they should be based on confidence. I begin by elucidating the differences between trust, reliability, and confidence, and argue that trust is not the appropriate attitude to adopt when it comes to sharing data with commercial companies. I argue that what we really should want is confidence in a system of data sharing. I then provide an outline of what a confidence-worthy system of data sharing with commercial companies might look like, and conclude with some remarks about the role of trust within this system. (shrink)

Various authors, for instance Elizabeth Anderson, Rosemary Tong, Mary Warnock and Margaret Brazier have argued that commercial surrogate motherhood is exploitative and that it should be prohibited. Their arguments are unconvincing. Exploitation is a more complex notion than it is usually presented as being. Unequal bargaining power can be a cause of exploitation but the exercise of unequal bargaining power is not inevitably or inherently exploitative. Exploitation concerns unfair and/or unjust strategies - rather than the exercise of power as (...) such. Commercial surrogate motherhood is not necessarily exploitative. Furthermore, not all transactions which are exploitative should be made illegal. (shrink)

This article tells, in academic terms, the story of a famous Romanian TV ad: the one where two men throw a priest from a tower mistaking him for the famous Batman movie character and hoping he would fly. As expected, this spot gave rise to a lot of discussion and debates over the years. But this is not the main reason that recommends it for this type of analysis. The most interesting aspect about this spot is the fact that although (...) it was subsequently censored and it was aired on TV only for one day, it is still incredibly popular and it still receives important awards at various advertising festivals. Besides its popularity, this TV commercial is bringing forward very important aspects regarding the interesting relation between orthodox religious symbols and advertising. In the first section of my article I shall focus on the way profane media myths are responsible for framing the social reality. The second section consists in an empirical research conducted on first-year students enrolled in a communication and public relation program. The main objective is to determine some of the reasons that make this commercial so attractive despite its offensive script. The last section of this article consists in an analysis of the reasons why the mainstream Christian faith is being replaced by magical thinking and irrational beliefs in the magical power of the brands. (shrink)

The paper takes into consideration the different degrees of power and control that can be exercised by the mediator/arbitrator. This issue is investigated with particular regard to such aspects as the nature of the ADR procedure adopted, the cultural context in which the procedure takes place, and the formulation of specific legal norms. The analysis both of a few arbitration rules and some data from real arbitral proceedings shows great reliance on the arbitrator’s discretion and use of common sense, which (...) is in line with the idea itself of arbitration. Moreover, the high degree of power autonomy enjoyed by the arbitrator during the whole procedure derives from the presupposition that the parties accept the arbitrator’s personal opinion and final judgment and from the fact that the majority of the disputes in international commercial arbitration are of a technical and complicated nature. The analysis also shows that the legal background of most arbitrators tends to surface even when they are involved in alternative dispute resolution proceedings and is clearly visible in the orderly allocation of turns and the strict control over the procedures to be followed. Especially when arbitrators are lawyers or judges, they tend to promote a feeling of belonging to the same professional community, which induces a greater spirit of cooperation and a lowering of the control level. (shrink)

This article is dealt with at a historical-strategic level. Historical processes can be functionally divided into two sections: the social-material-directed Power-organizing part and the cultural-spiritual Ethic-thinking part. Thus there exist two corresponding dynamic-operative functions in history, which are guided and impelled by different motivations, methods, and destinations involved in the two functions. The Ethic-practicing praxis has been always performed through the empirical-humanist-rational ways, which today can be more effectively embodied in human sciences to be reorganized by the general-semiotic strategy. So (...) there are two kinds of human historical courses: the one as the materialist-directed power-organizing part and the other as spiritual-theoretical-directed ethic-reflecting part. From a historical-philosophical point of view, the former is to prepare the material-conditions/means for supporting the latter as the ethic-spiritual mission that is directed towards exploring the meaning/value foundation for human existence. Lacking in the internal link between the two historical-pragmatic functions the ethic-spiritual praxes should manage to find a separate strategy for actively continuing its independent ethic task by dint of wisely/bravely shunning the materialist-determinism issued from the technical/commercialized globalization era. (shrink)

The purpose of the present paper is to unveil whether the power distance/textual complexity duality attributed ordinarily to legal language applies to two different documents which are widely deployed, interpreted and applied in the global scope of commercial trade and communications, namely Lloyd’s Institute Cargo Clauses and the London International Court of Arbitration Rules. In choosing two texts which are the direct product of the law-making machinery of the Common law system, but which are used internationally, we ultimately undertake (...) to research whether opacity is really inherent to legal texts in English with an international scope of implementation. To scrutinise, illustrate and argue on the degree of difficulty and power distance in such legal instruments, the perspective of genre has been chosen as the most effective of instruments provided by current Applied Linguistics. Genre analysis permits to identify the genre or genres of a specialised professional community connected to the communicative group it comes from, the audience that receives it, the historical and cultural background and the extra-textual reality it aims to represent. The goal of our study, carried out through different levels: formal, discursive and, mainly, pragmatic, is to discern whether there exists any possible equation between power and textual complexity, and the consequences this entails for the understanding of the nature of these major international texts. (shrink)

We describe the ethical leadership dilemmas confronting Verdant Power. Formed in 2000, this New York City marine renewable energy company develops projects and technology that delivers electricity directly into the local power grid. Set in early 2010, the case outlines the tensions, challenges and costs (both financial and time) that management faces as it attempts to commercialize a technology in an industry with strict and rigid regulatory policies. The key teaching objectives of the case include a) understanding the leadership role (...) that the company must assume in paving the way for regulatory reform for US-based marine renewable technology ventures, and b) appreciating the importance and implications of sustainability given the pursuit of the financial and environmental mission of the founders. (shrink)

We describe the ethical leadership dilemmas confronting Verdant Power. Formed in 2000, this New York City marine renewable energy company develops projects and technology that delivers electricity directly into the local power grid. Set in early 2010, the case outlines the tensions, challenges and costs (both financial and time) that management faces as it attempts to commercialize a technology in an industry with strict and rigid regulatory policies. The key teaching objectives of the case include a) understanding the leadership role (...) that the company must assume in paving the way for regulatory reform for US-based marine renewable technology ventures, and b) appreciating the importance and implications of sustainability given the pursuit of the financial and environmental mission of the founders. (shrink)

As Canadian experience back to the Great Depression reveals, monetary policy can have potent impact on social welfare. Although in recent years Canadian monetary policy has been managed—with little public understanding—for the benefit of wealthy interests, earlier Canadian federal governments, largely through the monetary powers of the Bank of Canada established in 1935, not only financed participation in World War II, but also in the post-war period created the nation's remarkable social programs. Changes in monetary policy beginning in the (...) late 1970s have shifted control over the money system almost entirely to the private commercial banks, and have contributed substantially to severe erosion of those programs. Changes in current monetary policy, shown from past experience to be feasible, could play a key role in financing restoration and improvement of social programs. Some implications for the US and other nations are spelled out. (shrink)

This article shows the philosophical kinship between Adam Smith and Mary Wollstonecraft on the subject of love. Though the two major 18th century thinkers are not traditionally brought into conversation with each other, Wollstonecraft and Smith share deep moral concerns about the emerging commercial society. As the new middle class continues to grow along with commerce, vanity becomes an ever more common vice among its members. But a vain person is preoccupied with appearance, status, and flattery—things that get in (...) the way of what Smith and Wollstonecraft regard as the deep human connection they variously describe as love, sympathy, and esteem. Commercial society encourages inequality, Smith argues, and Wollstonecraft points out that this inequality is particularly obvious in the relationships between men and women. Men are vain about their wealth, power and status; women about their appearance. Added to this is the fact that most middle class women are both uneducated and encouraged by the conduct literature of their day to be sentimental and irrational. The combined economic and moral considerations of Wollstonecraft and Smith show that there is very little room for love in commercial society as they conceived it. (shrink)

A fierce debate ensued after the announcement in 1913 in the U.S.A. that all rights and ownership of radium-bearing ores found on public land would be reserved by the government. At stake was the State monopolization of radium that pitted powerful industrialists with radium claims, mainly in the Colorado area, against the Bureau of Mines and prestigious physicians who wished to reserve radium for medical uses. This article describes the strategies of one of the biggest U.S. radium industries that dominated (...) the radium market, created huge customer bases, and legitimized their role within the scientific community. In contrast to the European “radium situation,” radium extraction, production, and marketing in the United States was controlled by the industry; and industrial in-house research was clearly separate from that done in academic circles. The production of knowledge was ready-made in the factory and was entangled with commercial orders and advertising patterns. (shrink)

Green finance plays a crucial bridge as an intermediary between finance and the environment, facilitating resource allocation. The disclosure of environmental information (EID) is vital for promoting sustainable economic development. This study utilizes panel data covering the period from 2012 to 2019, focusing on Chinese companies listed in high-polluting industries. The findings demonstrate that green finance policies have a significant positive impact on EID, while increased managerial power has a detrimental effect. However, green finance policies can mitigate the negative consequences (...) arising from moral hazard and adverse selection resulting from managerial power. They enhance the quality of EID by restricting long-term loan resources for polluting entities. The heterogeneity test reveals that the effectiveness of green finance policies in promoting EID varies across different regions of China. In non-state-owned companies, green finance policies are more effective in constraining managerial power. The moderating effect of green finance on managerial power is weakened by improvements in internal control. Green financing can offset the adverse impact of managerial power on EID when debt levels are high. Our research plays a crucial role in advancing micro-academic studies in the field of green finance. By strengthening internal controls for corporate managers and promoting EID policies, we provide essential support and guidance to decision-makers. (shrink)

This article explores the psychological literature on rationalization and connects it with contemporary questions about the role of in-house lawyers in ethical dilemmas. Using the case study of AWB Ltd, the exclusive marketer of Australian wheat exports overseas, it suggests that rationalizations were influential in the perpetuation by in-house lawyers of AWB's payment of kickbacks to the Iraqi regime. The article explores how lawyers' professional rationalizations can work together with commercial imperatives to prevent in-house lawyers from seeing ethical issues (...) as those outside the organisation would see them. In particular, where lawyers over-identify with their client's commercial point of view and convince themselves that their role is primarily about providing 'technical' advice on commercial matters, wilful or unintended 'ethical blindness' can result. Lawyers can end up involved in or perpetuating serious misconduct by their client organizations. (shrink)

Since the bilateral commerce between the USA and China changes greatly and Chinese government continues to reform and delegate power in the economic field, it is of importance to study the Uniform Commercial Code of the USA. The study specifically studies the features of modal verbs in the UCC through the comparison with the United States Code and Frown. With the help of Antconc, the distribution of modal verbs, the modal value of the three sets of corpora are examined (...) and analyzed based on the theory of Halliday’s systemic-functional grammar. The results show that there are significant differences between the three sets of corpora and the three main features of modal verbs in the UCC are: the high frequency use of may, the relatively lower frequency use of legal modal verb shall, and the much higher frequency of must and may not. The seemingly contrary usages within the UCC are discussed and explained with the background of the legislation and the legal thoughts of the major legislator in a sociosemiotic approach. With both the quantitative and qualitative analysis combining the examples, the study hopes to shed light on the related legal translation and further enhance the understanding of the modal verbs in the UCC as well as legal discourse in a more general context. (shrink)

Arbitration and insolvency proceedings are legal instruments governed by different objectives and different legal principles. While in arbitration the autonomy of the parties plays a major role, all insolvency proceedings are collective proceedings where autonomy of the parties is strictly limited, the majority of issues are regulated by binding legal provisions and strong controlling powers are vested into insolvency court. Therefore, in this article the authors analyse the issues of compatibility between insolvency proceedings and arbitration. The Lithuanian legal framework (...) which was in force until 30 June 2012 was ambiguous. According to the wording of Article 11 of the previous Law on Commercial Arbitration, disputes connected with bankruptcy shall not be submitted to arbitration. It was not entirely clear whether this provision was restricted to ‘core’ insolvency issues such as opening and conduct of the proceedings, appointment of the office holder, administration of the estate, liquidation etc. or it also included all other questions related with insolvency. The jurisprudence of the Lithuanian courts gave a broad meaning to the restriction expressed in the Law on Commercial Arbitration. Accordingly, such questions as verification of claims and disputes with the creditors were also excluded from arbitration after announcement of bankruptcy of the debtor. The authors argue that distinction should be drawn between cases in which an insolvent enterprise is a claimant and where it is a defendant. It is also important to draw a line between arbitration agreements entered into before announcement of bankruptcy and arbitration agreements concluded by the bankruptcy trustee with the consent of the majority of creditors. In this article, the new Law on Commercial Arbitration which has entered into force on 30 June 2012 is analysed and according to which an insolvent enterprise remains bound by arbitration agreement in both cases where it is a claimant and where it is a defendant. Several contentious issues of the new law are identified and analysed in the article, such as the position of other creditors in the proceedings, relation between arbitration and restructuring procedure, enforceability of arbitration agreement in cases where an insolvent enterprise lacks funding to pay arbitration costs etc. (shrink)

This study investigates the increased commercialization of African indigenous vegetables (AIV)—former subsistence crops such as African nightshade, cowpea leaves and amaranth species grown mainly by women—from a feminist economics perspective. The study aims to answer the following research question: How does AIV commercialization affect the gendered division of labor, women’s participation in agricultural labor, their decision-making power, and their access to resources? We analyze commercialization’s effects on gender relations in labor and decision-making power and also highlight women’s agency. Based on (...) a mixed method design and analyzing household-level panel data and qualitative focus groups from Kenya, we observe an economic empowerment of women that we relate to women’s individual and collective strategies as well as their retention of control over AIV selling and profits. Yet, while we see economic empowerment of women through commercialization—how they broaden their scope of action and are empowered by generating revenue—that does not contribute to a redistribution of labor or land rights, which are key for gender equality, instead it increases women’s labor burden. (shrink)

Motivation crowding out can lead to a reduction of ‘higher’ virtues, such as altruism or public spirit, in market contexts. This article discusses the role of virtue in the moral and economic theory of Adam Smith. It argues that because Smith’s account of commercial society is based on ‘lower’ virtue, ‘higher’ virtue has a precarious place in it; this phenomenon is structurally similar to motivation crowding out. The article analyzes and systematizes the ways in which Smith builds on ‘contrivances (...) of nature’ in order to solve the problems of limited self-command and limited knowledge. As recent research has shown, a clear separation of different social spheres can help to reduce the risk of motivation crowding out and preserve a place for ‘higher virtue’ in commercial society. The conclusion reflects on the performative power of economics, arguing that the one-sided focus on models of ‘economic man’ should be embedded in a larger context. (shrink)

Benjamin Constant (1767–1830) is the most important French liberal that most casual liberals have never heard of. Everyone knows something about Montesquieu because checks and balances and the separation of powers are household terms. Tocqueville’s Democracy in America and The Old Regime and the Revolution are both established classics. But Constant is largely terra incognita even for those with a university degree—to their loss.

This article examines how Italian commercial broadcast news on Mediaset’s three terrestrial channels has covered the transition to digital terrestrial television. Mediaset is the largest commercial broadcaster in the country and is owned by former prime minister Silvio Berlusconi. By drawing on critical discourse analysis of broadcast news, it is argued that linguistic elements such as pronouns, choice of words, and metaphors, together with tendentious editing and framing of interviews, were part of a strategy of positive representation of (...) the broadcaster’s interests in the transition and negative representation of media policies opposing such interests. In particular, the analysis brings to the surface the ideological usage of interviews. Interviews in this case did not function as an act of control over the powerful, but as a way to illuminate the broadcaster’s strategic interests while obfuscating the reasons behind attempts to regulate the transition to digital television and open the market to competition. The data attest that the way in which news programs covered the digital transition exposes the connections between media content, media ownership, and governmental institutions. Indeed, all three news programs, TG5, TG4, and Studio Aperto, despite their different target audience and the reputation of one of them as the most objective and authoritative newscast on Italian commercial television, echoed each other in unified support of the sort of interests and media legislation that best fitted the corporation, especially at times when those interests were threatened. The corpus consists of 13 newscasts grouped in two clusters aired in 2006 and 2009. The main participants in the story were Mediaset’s president, often interviewed as the ‘expert’ on the TV industry, the communications minister for the center-left Prodi government, and the communications undersecretary for the center-right Berlusconi government. Citizens and consumer groups were never given the opportunity to voice their positions or be an active part of the narration. (shrink)

This paper examines the interaction of law and policy-making on prostitution, with that of BDSM (bondage and discipline, sadism and masochism). Recent policy and legal shifts in the UK mark out prostitutes as vulnerable and in need of ‘rescue’. BDSM that amounts to actual bodily harm is unlawful in the UK, and calls to decriminalise it are often met with fears that participants will be left vulnerable to abuse. Where women sell BDSM sex, even more complex questions of choice, exploitation, (...) vulnerability, power and agency might be thought to arise. Does the combination of activities take two singular behaviours into the realm of compound harm? Are those who sell BDSM doubly vulnerable in a way that would justify criminal intervention? This paper argues that in imposing categories of vulnerability, the state engages in the heteronormative construction of risky sexual subjects who must be rehabilitated, responsiblised or punished. Through an examination of existing empirical studies on BDSM, the paper offers a feminist critique of the potential criminalisation of commercial BDSM and calls for more research on the lived experiences of those who buy and sell BDSM. (shrink)

Consumers have a growing desire to know where their food comes from and how it is produced, not only for health and safety reasons, but also to satisfy a nostalgia or a perception of “true”, “healthy”, “authentic” and “traceable”. The commercial urban agriculture sector attempts, at least in part, to respond to a growing demand from citizens for locally produced food and for local agriculture that can be signalled to consumers with the help of quality signs, such as reserved (...) designations and added-value claims labels. To date, however, we can wonder about the issues of establishing an added-value claim “urban agriculture” to promote the distinction and development of food products from commercial urban agriculture. This study, using semi-directed interviews with 16 urban farmers and managers of urban agriculture businesses in Quebec, explores their perception of an added-value claim "urban agriculture" to certify their food products. The results of the thematic analysis carried out showing seven main issues, namely: notion of urbanity, sustainability of agricultural practices, valorization of hyper-locality, community, regulations, ownership concerns and relevance of the claim. These issues underline that the logic of commercial urban producers is not only mercantile but also community, social and environmental. In this sense, legislating a movement, under the establishment of a public food label to meet the market's needs and promote the development of this industry, can reveal the various forms of power, exclusion and inequality embedded in urban agriculture initiatives but also some niche opportunities for them. Thoughts are proposed to promote products from urban agriculture from the perspective of increasingly nurturing cities. (shrink)

Studies of food waste claim that its main causes are technological and logistical deficiencies in the first stages of the agri-food chain. The present article discusses this statement using a specific case as a starting point: the production of fruit in Lleida (Catalonia, Spain). Since the 1980s, fruit production in this region has undergone a process of innovation and development. However, the agents who participate in the sector claim that the wasted volume of edible foodstuffs is greater than in previous (...) times. This article argues that studies of food waste do not consider the power relations existing within the agri-food chain. When these relations are asymmetrical, technological innovation and logistics optimisation do not improve the efficiency of the system; rather, they help the hegemonic players to monopolise the commercial margin and transfer some of their running costs to the weaker agents. The ethnographic data for the study were obtained between 2017 and 2019 using qualitative research techniques. (shrink)

Following the catastrophic events of the 2008 global financial crisis, an anonymous hacker released Bitcoin to claw back power from commercial and central banks. Its underlying architecture, blockchain, is now championed for delivering a decentralised global economy--a world free from hierarchy and control. Money Code Space shatters these emancipatory claims by revealing acute geographies of power that lie behind blockchain networks. Drawing on first-hand experience in cryptocurrency communities and start-up companies from Silicon Valley to London, Jack Parkin untangles the (...) complex web of culture, politics, and economics that truly drive decentralisation. (shrink)