Though there is no international government, there are many international regimes that enact binding regulations on particular matters. They include the Basel II regime in banking, IFRS in accountancy, the FIRST computer incident response system, the WHO’s system for containing global epidemics and many others. They form in effect a very powerful international public sector based on technical expertise. Unlike the public services of nation states, they are almost free of accountability to any democratically elected body or to any (...) legal system. Although by and large they have acted for good, the dangers of long-term unaccountability are illustrated by the travesties of justice perpetrated by the International Labour Organisation Administrative Tribunal. (shrink)

Powerful, technically complex international compliance regimes have developed recently in certain professions that deal with risk: banking (the Basel II regime), accountancy (IFRS) and the actuarial profession. The need to deal with major risks has acted as a strong driver of international co-operation to create enforceable international semilegal systems, as happened earlier in such fields as international health regulations. This regulation in technical fields contrasts with the failure of an international general-purpose political and legal regime to develop. We (...) survey the new global regulatory systems in the actuarial, banking and accounting fields, with a view to showing how the need to deal reasonably with risk has resulted in an international de facto law solidly based on correct abstract principles of probability. (shrink)

International courts are an integral component of the international legal system. These courts have been proliferating over time and increasingly working to ensure state compliance with the rules of the international regulatory regimes they join. However, these courts face a fundamental challenge: while they can rule against governments in violation of the regime’s rules, they cannot enforce those decisions. Working from the first principle that the regulatory regime is designed to help resolve collective action problems among the signees, (...) this Article proposes a formal model of international court influence that helps to explain the extent and limits of international court influence on national government behavior. (shrink)

This paper analyzes how, during the Juncker Presidency, the European Commission employed argumentative strategies to address the question of member-states’ compliance with European Union law. There is a literature gap regarding how European leaders employ argumentative strategies to coax member-states to comply with EU legislation and how those strategies can be associated with multilevel governance designs and problem-solving approaches. Building on van Eemeren and Grootendorst’s pragma-dialectical approach to argumentation, the paper explores what dialectical and rhetorical strategies were employed by (...) the Juncker European Commission to build an argumentative regime where the question of compliance with European Union law is articulated with the representation of the European Union as an efficient multilevel governance system. Starting from the distinction between procedural and operational concepts of problem-solving in multilevel governance polities, the paper questions whether the Juncker Commission’s arguments on the need to ensure European Union law compliance favor a particular conception of problem-solving in multilevel governance systems. The paper argues that the argumentative strategies employed by the Juncker European Commission in the field of compliance reveal a preference for an operational notion of problem-solving combined with some aspects of a more procedural perspective of problem-solving in multilevel governance polities. The background of this paper is associated with the growing impact that European legislation has on member-states and also with the efforts developed by the Juncker European Commission in discussing how to improve EU regulation to increase compliance with EU law. (shrink)

Noncompliance exasperates health care professionals, leaves them worrying about the effective outcome of medical care, and results in noncompliant patients being labelled as 'difficult' or 'troublesome'. It is suggested that professionals who label a patient as noncompliant are following convenient paternalistic principles rather than considering the impact of a prescribed regimen on an individual patient. In this paper, the author considers autonomy and respect to be foremost in patient care. Further, compliance does not necessarily indicate that both professional and (...) patient have developed a collaborative understanding relationship. Noncompliance is described as a lack of recognition by the health care professional of the meaning of the regimen to the patient. Treatment interventions will be most successful when the patient participates in the prescription. Without acknowledgement of the patient as an equal partner, and listening to his or her narrative, care will be, at best, paternalistic. Les soignants peuvent devenir exasperes par les malades qui n'acquiescent pas à leur traitement. Cela laisse les soignants souciant des résultats de leurs soins et abouti à ce que les malades sont qualifiés de difficiles ou insoumis. On propose ici que le personnel qui traite les malades d'insoumis suit des principes paternalistes plutôt que de considérer les suites des regimes prescrits pour les particuliers. Dans cet article l'auteur considère l'autonomie et le respet comme primordiaux pour les soins. L'acqiescement ne veut pas toujours dire que malades et infirmiers/ères ont développés des rapports collaborateurs. Le refus d'acquiescer est aperçu comme un manque de reconnaissance par la personne soignante de la significance du traitement médical du malade. Les interventions réussissent le mieux quant les malades participent à leurs soins. Si l'on n'accepte pas les malades comme partenaires en écoutant leurs récits, les soins sont au plus du paternalisme. Die Ablehnung der verordneten Behandlung durch die Patienten kann das Pflege personal zur Verzweiflung bringen und den Ausgang der Behandlung in Frage stellen und führt dazu, die Patienten als schwierig oder problematisch einzustrafen. Hier wird die Ansicht vertreten, dass das Pflegepersonal, das Patienten als unkooperativ oder ablehnend bezeichnet, einem paternalistischen Prinzip folgt und nicht an die Wirkung denkt, die die verschriebene Behandlung auf einzelne Patienten hat. In diesem Artikel bezeichnet die Autorin die Selstbestimmung der Patienten und den Respekt ihnen gegenüber als das Wichtigste in der Krankenpflege. Fügsamkeit deutet nicht unbedingt auf eine Zusammenarbeit zwischen Patienten und Pflegenden hin. Zuwiderhandlung der Patienten wird als Mangel an Verständnis von Seiten des Pflegepersonals gesehen, das die Bedeutung, die die Behandlung für Patienten hat, nicht einzuschatzen weiss. Die Behandlung wird nur dann den grösstmöglichen Erfolg bringen, wenn die Patienten daran teilnehmen. Wenn Patienten nicht als gleichberechtigte Partner angesehen werden, deren Meinungen gehört und respektiert werden, ist die Pflege höchstens patemalistisch. (shrink)

This article introduces compliance disclosure regimes to business ethics research. Compliance disclosure is a relatively recent regulatory technique whereby companies are obliged to disclose the extent to which they comply with codes, ‘best practice standards’ or other extra-legal texts containing norms or prospective norms. Such ‘compliance disclosure’ obligations are often presented as flexible regulatory alternatives to substantive, command-and-control regulation. However, based on a report on experiences of existing compliance disclosure obligations, this article will identify major (...) weaknesses that prevent them from becoming effective mechanisms to discipline a certain type of behaviour. It will be argued that regulatory recourse to compliance disclosure obligations is nonetheless worthwhile if we view them as mechanisms that can initiate a dialogue about norm interpretation, application and norm desirability. From this perspective, compliance disclosure obligations serve less to discipline companies by making corporate practices transparent, and more to trigger a process of norm development, in which the law, companies and their stakeholders interact. This article provides an illustration of how mandatory disclosure, if it is restricted to a unilateral communication process, may produce no effective results (or even prove counterproductive), whilst highlighting the alternative potential of disclosure as an initiator of dialogue, supported by laws, geared towards the development and refinement of norms applicable to business in a global context and the values they promote. (shrink)

This study investigates the interrelation of outer appearance and spatial configuration of modern Chinese court buildings with the party-state’s strategy of building regime legitimacy. The spatial element of this relation is explored in four different court buildings in Kunming, Chongqing, Shanghai and Xi’an. It is argued that court buildings contribute to the empowerment of individuals who appear as parties in trials. Courthouses also facilitate the courts’ function of exercising social control and the application of an instrumentalist approach to the principle (...) of public trials. Both the grounding of court buildings in the past and their compliance with international models of a modern independent judiciary are aspects of consolidating regime legitimacy. (shrink)

How should we deal with noncompliance in the context of the Paris Agreement? After having delimited the scope of noncompliance as a motivational issue, I will argue that two kinds of reasons can motivate agents to comply, moral and prudential reasons. Then, I will show that moral and prudential reasons can motivate compliance, although in different ways, as moral reasons require the institutions, whereas prudential reasons are thought to be self-sufficing. Prudential reasons come with the assumption that they have (...) ample motivational force to elicit compliance. I will contend that, for what concerns climate treaties, this assumption does not hold. To do so, I will argue that, from an interest-based perspective, reasons for agreeing on a treaty rarely conflate with the reasons that motivate agents to complying with it, so, if we want to ensure compliance, the international climate regime should establish institutions to oversee compliance when prudential reasons fails to motivate. (shrink)

The paper is organized around two major, but closely interconnected goals. First, the paper’s principal aim is to offer a normative theory of political obligations that is based on certain insights of philosophical anarchism, theories of associative obligations and political realism. Second, the paper aims to offer a normative theoretical framework to examine political obligations in contemporary non-democratic contexts that does not vindicate non-democratic regimes and that does not exclude political obligations from the terrain of moral normativity. The theory (...) of political obligations this paper proposes can be briefly summarized as follows: political obligations are duties of compliance with the political authority claims of those who exercise political power. Their primary ground is membership. The mere fact of membership has moral weight in its own right and it is also inseparably embedded into a rich context of moral reasons for action that includes general reasons; ad hoc reasons; regime-specific reasons applying to every subject; and regime-specific offices that attribute specific responsibilities to individuals and groups. This rich context of typical moral reasons plays an important role in deciding what needs to be done, all things considered, with respect to the political authority claims. This account attempts to describe compliance in terms of genuine political obligations and also claims to be a plausible and general account. It does not claim to be a theoretically coherent moral justification for political obligations, however, just a theoretically coherent account of the varied sources and limitations of political obligations. (shrink)

The One Health approach to antimicrobial resistance (AMR) requires stakeholders to contribute to cross-sectoral efforts to improve antimicrobial stewardship (AMS). One Health AMR policy implementation is challenging in livestock farming because of the infrastructural role of antibiotics in production systems. Mitigating AMR may require the development of more stringent stewardship obligations and the future limitation of established entitlements. Drawing on Amatai Etzioni’s compliance theory, regulatory analyses and qualitative studies with stakeholder groups we examine the structural and socio-cultural dimension of (...) antibiotic use and AMS compliance in Australian beef and dairy production. We found a disconnect between how antibiotic use is conceptualised by farmers and the way in which AMS policies construe agricultural AMR risks. Under the umbrella of food safety standards and national-level prescribing restrictions, farmers and veterinarians interact around antibiotic use with different operating logics and compliance mechanisms. These parallel regimes service distinct and sometimes competing common goods of food security and antibiotic preservation. Further reforms to mitigate AMR need to account for the value orientations of different groups and the embeddedness of the constraints imposed by existing systems. Advocacy for greater AMR precaution in agriculture should acknowledge and compensate for erosions in competing common goods and the cost of proposed interventions. (shrink)

methods that have shown promise for improving extreme risk analysis, particularly for assessing the risks of invasive pests and pathogens associated with international trade. We describe the legally inspired regulatory regime for banks, where these methods have been brought to bear on extreme ‘operational risks’. We argue that an ‘advocacy model’ similar to that used in the Basel II compliance regime for bank operational risks and to a lesser extent in biosecurity import risk analyses is ideal for permitting the (...) diversity of relevant evidence about invasive species to be presented and soundly evaluated. We recommend that the process be enhanced in ways that enable invasion ecology to make more explicit use of the methods found successful.. (shrink)

This study investigates the reaction of high school students in an alternative urban secondary school to highly controlling, authoritarian practices. Premised on the published theories, we imagined that students would object to the regime and consider it unduly repressive. Student reactions were elicited through questionnaires and interviews. To our considerable surprise, most respondents approved of the authoritarian regime and disapproved of granting students more self-expression. Most have come to believe that they do not deserve freedom from pervasive rules, for they (...) will indeed abuse it. As one child said approvingly, ?This is a disciplinary school? ? you give up freedom and accept rules. We discuss the implications of such a strong identification with the school's norms and the consequent distrust of personal autonomy. (shrink)

In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border regime. In (...) contrast to the literature, which mainly addresses migration on the basis of justice requirements, this article focuses on the legitimate authority of the EU’s border regime. Focusing on the legitimacy criteria for states’ claims to regulate migration opens a fruitful normative perspective, given the pervasive disagreement over the content of justice in migration. What reasons for compliance and non-interference does legitimacy supply for potential immigrants and dissenting citizens? And what legitimacy standard may be appropriate for the power that individual states claim over potential immigrants? We argue that, even assuming a minimal legitimacy standard for the state-migrant relationship, the structure of the EU’s border regime exhibits unique features, which cause it to stand in tension with such a standard. By coordinating its Member States’ border regimes, especially through Frontex, the EU claims and exercises power over potential immigrants. However, the asymmetrical delegation of state powers to the EU means that the power involved in regulating European borders is, in core respects, unaccountable. This unaccountability, we argue, is significant for the legitimacy of the EU’s border regime. This article sheds new light on the morality of unauthorised rescue missions by assessing the permissibility of resistance to the EU’s border regime. (shrink)

Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration (...) inferred congressional "authorization" for the 1999 Kosovo War from an appropriations statute that failed to specifically authorize the conflict. And the Bush Administration inferred congressional "authorization" for the NSA surveillance program from ambiguous language in the post-September 11th Authorization to Use Military Force. In both situations, executive-branch lawyers employed expansive theories of implied repeal and constitutional avoidance to evade the codified clear-statement requirements, and Congress and the courts acquiesced to the President's actions. Recent proposals to strengthen the clear-statement requirements in Congress's national-security framework legislation are unlikely to be effective without institutional mechanisms, such as points of order, that can deter future legislators from enacting vague or ambiguous legislation from which the executive might claim implicit congressional "authorization," and that can induce Congress to confront Presidents that act without specific congressional authorization. Simply enacting more narrow or explicit clear-statement requirements, or adding funding restrictions to Congress's framework legislation, fails to counter the aggressive interpretive doctrines that executives of both political parties have used to concoct congressional "authorization" from vague or ambiguous statutory language. (shrink)

In recent years, global corporations and national governments have been enacting a growing number of codes of conduct and public regulations to combat dangerous and degrading work conditions in global supply chains. At the receiving end of this activity, local producers must contend with multiple regulatory regimes, but it is unclear how these regimes interact and what results, if any, they produce. This article examines this dynamic in the sugar sector in Brazil. It finds that although private and (...) public agents rarely communicate, let alone coordinate with one another, they nevertheless reinforce each other’s actions. Public regulators use their legal powers to outlaw extreme forms of outsourcing. Private auditors use the trust they command as company insiders to instigate a process of workplace transformation that facilitates compliance. Together, their parallel actions block the low road and guide targeted firms to a higher road in which improved labor standards are not only possible but even desirable. (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)

Non-domestic companies are increasingly present on the London Stock Exchange. Such companies have specific governance requirements. They may seek to access capital in a more liquid market and to diversify ownership. The reputational ‘bonding’ to a prestigious exchange should be a statement to the market of a propensity to disclosure and a willingness to protect minority shareholders. Yet, many non-domestic companies retain tightly controlled shareholding structures and are based in emerging regions where national culture norms differ to the UK. We (...) hypothesise that non-domestic companies are likely to be less compliant with the principles of the UK Corporate Governance Code and suggest a correlation between lower levels of compliance and non-domestic companies from countries that demonstrate high power distance in the Hofstede cultural value framework. We find some encouraging signs of compliance with the reigning governance code principles in Board structures. However, we find only partial compliance in leadership and Board effectiveness measures in those companies from cultures high on the power-distance scale. Further, we include analysis into ownership characteristics and find companies from emerging markets are dominated by a single or controlling group of shareholders, which is likely to impact on attitudes to compliance and is particularly evidenced in terms of Board structures with no executive directors or led by an executive Chairman. Much of the prior research effort into the levels of compliance with the UK’s ‘comply-or-explain’ approach to governance has produced mixed results and focused on all companies. In our exploratory approach to analysing only the non-domestic subsample, we report some evidence linking cultural distance to lower levels of compliance with the UK standards. We develop a framework to guide future research into the context and cultural underpinnings of this sub-sample of companies, hypothesising that frequent market capitalisation-induced index changes may divert attention away from any potential compliance issues. On the one hand, our evidence is encouraging for governance regimes based on voluntary compliance disclosures such as the UK and similar European and international markets, as we report partial compliance with the principles of the current governance code. Our research may, however, be helpful in guiding future versions of the UK governance framework and other international governance regimes adopting the ‘comply-or-explain’ approach and in setting policy to improve disclosure. It contributes to the understanding of the specific context of non-domestic companies and any cultural tendencies to non-compliance. By demonstrating evidence of lower levels of compliance with key principles of the Code by non-domestic companies, we present a framework enabling lawmakers to further improve corporate governance codes. (shrink)

All research agrees that youth was an important social category for the communist regimes. At the beginning of the Cold War, youth was perceived in literature as a subject under the regimes’ total control. Later on, scholars understood that gaining the support of young people was a political priority for the Communists. To follow this complicated relationship between youth and the communist regime, I first looked at the complexity of the concept. Second, I have moved beyond the Manichean (...) perspective of the Cold War and sought to study it in its complexity and continuity within generations. Ultimately, this contextualisation helps readers better understand the works in the current issue, which examines the problem of youth from several perspectives. (shrink)

Since the mid-1980s, internal corporate investigations have become commonplace in the U. S., with an upsurge occurring as a result of the corporate scandals of 2001-02 involving Adelphi Communications Corporation, Enron, Merck & Company, Riggs Bank, and other companies accused of financial malfeasance. After an introduction, this article first presents the U. S. public policy framework (as implemented through the U. S. Sentencing Commission, the U. S. Department of Justice, and the Securities and Exchange Commission) encouraging the use of corporate (...) internal investigations and self-reporting of these results to federal authorities; second, evaluates this framework, identifying the public policy issues inhibiting companies from using corporate internal investigations and self-reporting significant results; third, proposes a policy incentive regime which attempts to ameliorate these outstanding issues; and fourth, offer policy recommendations and suggestions for further research on this topic, including increasing the maximum deduction in the Organizational Sentencing Guidelines Culpability Score available to a firm for development of an Effective Compliance and Ethics Program (from 3 to 5 points), and self-reporting the results of an internal investigation (from 5 to 7 points); evaluating the effectiveness of these enhancements in legal incentives over a period of 5-7 years after implementation; instituting a formal federal government effort to educate the American business community on the corporate reputation (and financial) benefits of an effective compliance program; and protecting attorney-client privilege and work product protection, through legislative action, to encourage company executives and directors to utilize independent, outside attorneys to conduct fair, comprehensive, and impartial internal investigations. (shrink)

In the intellectual confusion prevailing since the demise of Marxism and “marxism”, the attempt is made to define democracy as a matter of pure procedure, explicitly avoiding and condemning any reference to substantive objectives. It can easily be shown, however, that the idea of a purely procedural “democracy” is incoherent and self-contradictory. No legal system whatsoever and no government can exist in the absence of substantive conditions which cannot be left to chance or to the workings of the “market” but (...) must be posited as objectives of political activity. The confusion results from a deficient understanding of what makes a society and an empty idea of “freedom”. The objective of politics is not happiness, an affair to be left to the individuals, but it certainly is liberty understood as participation in the governance of the polity; it is also the pursuit of the common good, defined as the sum of the prerequisites and facilitations of individual autonomy depending on collective action, and as the realization of commonly agreed collective goals. (shrink)

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

In this paper the border is evaluated as a fold of power relations in which sovereign capacity and competence is marshaled in the furtherance of illiberal practices. Drawing from interview data of officials in various agencies engaged in the US-Canada and particularly the Windsor-Detroit corridor, the argument is made that the border is a site for both negative and positive power, for insertion and subtraction, and that surveillance and compliance regimes are ‘run’ not so much in the furtherance (...) of a precautionary or preemptive end-state, but as intermediate values that are sufficiently malleable by an invigorated sovereign, expressed in the residue of discretion in and between the many border agencies. (shrink)

Transnational corporations have become actors with significant political power and authority which should entail responsibility and liability, specifically direct liability for complicity in human rights violations. Holding TNCs liable for human rights violations is complicated by the discontinuity between the fragmented legal/political structure of the TNC and its integrated strategic reality and the international state system which privileges sovereignty and non-intervention over the protection of individual rights. However, the post-Westphalian transition—the emergence of multiple authorities, increasing ambiguity of borders and jurisdiction (...) and blurring of the line between the public and private spheres—should facilitate imposing direct responsibility on transnational firms. Mechanisms for imposing direct responsibility on TNCs are considered including voluntary agreements and international law. However, I conclude that a hybrid public-private regime which relies on non-hierarchical compliance mechanisms is likely to be both more effective and consistent with the structure of the emerging transnational order. (shrink)

Institutionalized practices of collective justification are central for theorizing international fairness. Institutions matter because they play a significant part in the construal of fairness claims through the provision of internal standards for moral assessment. Conceptions of international fairness must spell out how collective justification works by addressing the jurisprudential and institutional issues at stake in the specification of the moral grounds for compliance with international institutions on the one hand and international civil disobedience on the other. Theoretical models of (...) institutions that do not pay attention to collective justification are inadequate on fairness grounds. More specifically, mainstream neoliberal institutionalist accounts of international regimes are deeply problematic when used in the normative evaluation of international institutions, as they offer the wrong benchmark for moral assessment, given their roots in a brand of exchange theory that is blind to the distribution of burdens and benefits from cooperation. (shrink)

When should we expect compliance with international human rights norms? Previous literature on the causal mechanisms underlying compliance have focused independently on the roles of state willingness, thought of as the preferences of the regime leadership, and on state capacity, in improving human rights practices within a state. We build an argument that neither of these factors are sufficient on their own to improve compliance with human rights norms. Instead, improved human rights practices require both “the will (...) and the way.” Our central hypothesis is that capacities and willingness, acting jointly, are key determinants of improvements in compliance with international human rights norms. The paper confirms this proposition using two-staged and single-stage regression models and a time-series cross-sectional approach at the country-year level. A highly capable bureaucracy and a state that has signaled its willingness through the acceptance of individual complaint and inquiry procedures in the UN treaty regime are jointly necessary for improved human rights practices. (shrink)

The radical Islamist regime of the Taliban affords an extensive view of the logic of Muslim fundamentalism regarding the public and private spheres. I argue that the Taliban de-privatized several life-spheres, "publicizing" religion and the body. The Taliban performed power as public spectacle, employing public executions, amputations and whippings. Religion, too, was to be completely public, as Habermas argues it was in Europe before the 18th century. As soon as they took Kabul, the Taliban insisted that all residents had to (...) say their five daily prayers, the men in mosques. Likewise, men were given six weeks to grow out their beards to a hand's length and to trim their moustaches in accordance with a literal reading of sayings about the Prophet Muhammad's appearance. The young female memoirist of life in Taliban Kabul, Latifa, reported that her middle class father complied with the new rule, but insisted, "My beard belongs to the Taliban, not to me!" The rendering public of religion made public property of every religious act. His body had a choice, of being conformed to the movements and shaping of religion, or of being tortured because of lack of compliance. This publicization of the believer's body resulted in an alienation from individuals of parts of themselves. Likewise, the gendered character of the public and private spheres, with women being confined to the private, is as visible in Taliban thinking as it is in Hegel. The expansion of the public realm of religion and morality by the Taliban had the effect of shrinking the private sphere and so constraining women further. Girls' schools were shuttered and many war widows were reduced to begging and risking sanctions for being in the street without a male guardian. Posters of Bollywood actresses were forbidden, and Kate Winslet was condemned to death in absentia for portraying a fornicator in The Titanic. It is argued that the goal of perfectly privatizing the female body lay behind these Draconian measures. (shrink)

The Principles of Corporate Governance require that business conduct conform to the law. In recent years, news reports of business misconduct have cast doubt on a conclusion that conformity is the prevalent practice. This article explores the influence of law on business conduct by comparing the law’s requirements and purposes with actual business conduct in the market. Specifically, it explores whether certain legal regimes are more effective than others in inducing greater commitment to legal compliance by corporate actors. (...) The conclusion drawn is that the prevalent legal regime – a vague common law or legislative mandate – is typically associated with corporate conduct that evades or ignores the law’s mandate or its underlying purpose. (shrink)

Organizations increasingly rely on algorithm-based HR decision-making to monitor their employees. This trend is reinforced by the technology industry claiming that its decision-making tools are efficient and objective, downplaying their potential biases. In our manuscript, we identify an important challenge arising from the efficiency-driven logic of algorithm-based HR decision-making, namely that it may shift the delicate balance between employees’ personal integrity and compliance more in the direction of compliance. We suggest that critical data literacy, ethical awareness, the use (...) of participatory design methods, and private regulatory regimes within civil society can help overcome these challenges. Our paper contributes to literature on workplace monitoring, critical data studies, personal integrity, and literature at the intersection between HR management and corporate responsibility. (shrink)

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 was given as the opening address at the 13th Annual European Business Ethics Network Conference' held in Cambridge 12–14 September 2000. The Chairman of the Financial Services Authority, Howard Davies, first outlined the background to the present approach to financial regulation in the UK. He described the principle‐based regulatory regime which is now in the process of being implemented, and the role of rules, regulations and guidelines in making this effective. However, compliance is not sufficient; for the (...) system to work there needs to be an ethical culture at the level of the organisation, and a commitment to integrity on the part of those who work in the sector. The Financial Services Authority aims to work with the industry to build individual and corporate responsibility. (shrink)

The conception of the doctor–patient relationship under Australian law has followed British common law tradition whereby the relationship is founded in a contractual exchange. By contrast, this article presents a rationale and framework for an alternative model—a “Trust Model”—for implementation into law to more accurately reflect the contemporary therapeutic dynamic. The framework has four elements: an assumption that professional conflicts with patient safety, motivated by financial or personal interests, should be avoided; an onus on doctors to disclose these conflicts; a (...) proposed mechanism to contend with instances where doctors choose not to disclose; and sanctions for non-compliance with the regime. (shrink)

In recent decades, the governance of food safety, food quality, on-farm environmental management and animal welfare has been shifting from the realm of ‘the government’ to that of the private sector. Corporate entities, especially the large supermarkets, have responded to neoliberal forms of governance and the resultant ‘hollowed-out’ state by instituting private standards for food, backed by processes of certification and policed through systems of third party auditing. Today’s food regime is one in which supermarkets impose ‘private standards’ along the (...) food supply chain to ensure compliance with a range of food safety goals—often above and beyond those prescribed by government. By examining regulatory governance in Australia, Norway and the United Kingdom we highlight emerging trajectories of food governance. We argue that the imposition of the new private forms of monitoring and compliance continue the project of agricultural restructuring that began with government support for structural adjustment schemes in agriculture and that these are most evident in the UK and Australia where neoliberalism is an entrenched philosophy. However, despite Norway’s identity as a social democracy, we also identify neoliberal ‘creep’ into the system of food governance. Small-scale producers in all three nations are finding themselves increasingly subject to governance through private, market-based mechanisms that, to varying degrees, are dominated by major supermarket chains. The result is agricultural restructuring not through the traditional avenues of elected governments, but via non-elected market operatives. (shrink)

ABSTRACT This article examines Buddhist teachings relevant to the regulation of war and compares them with international humanitarian law (IHL) and the just war tradition by which it has been informed. It argues that Buddhist ethics broadly align with IHL rules to minimise harm inflicted during war, and that Buddhism’s psychological resources can help support IHL to improve compliance with common humanitarian norms. Indeed, Buddhist mindfulness techniques can support even non-Buddhist combatants by enhancing their psychological resilience and capacity to (...) fight with skill and restraint. While IHL is a legal regime that legitimises violence under certain conditions, and lays down clear universally ratified rules, Buddhism is primarily an ethical and psychological system that addresses the motivations and inner roots of behaviour and can be understood and interpreted in different ways. In this respect, Buddhism overlaps with the field of military ethics, and can contribute much to enhance military training. However, while the centrality of non-harming (ahiṃsā) to Buddhism dictates that extraordinary efforts should be made to prevent war or otherwise minimise the harm inflicted – thereby checking interpretations of IHL that are overly permissive – Buddhism’s consequent reluctance to legitimise and thereby institutionalise war, and the ambiguity of its teachings in this regard, have generally precluded it from developing clear just war guidelines for belligerents to follow, and Buddhist resources to improve the conduct of hostilities have remained largely untapped. Mainstream traditions of Buddhist ethics must also be distinguished from more esoteric and localised beliefs and practices, and from the lived Buddhisms with which most lay Buddhists are more familiar, which do not necessarily embody the same degree of restraint. Belligerents might therefore have different conceptions or expectations of Buddhism depending on their culture and particular circumstances, or be unclear about what it says on the conduct of war. (shrink)

The teaching of Confucius, one of the doctrines built Chinese philosophy, is the movement of thought that has penetrated politics, education, manners and customs in East Asia for centuries. Reading the principles that advise wisdom and virtue through classical texts, we can find out normative moral knowledge. This teaching, in which ethical standards guiding human relations are regulative, promotes hierarchy as required by patriarchal and patrimonial regime. Social structure is grounded on discrimination between nobles and commons. Since the rights and (...) privileges granted to the aristocracy and bureaucracy humiliate citizens and force compliance, social inequality becomes obvious. Just as Confucius cites the idea of spiritual supremacy of rulers, he also bestows a privilege upon the noble class due to their eligibility. It is the people who are actively industrious in serve, deference and obedience. The problem of nepotism, which favors the closer and excludes the farther in relational words and actions, extends all areas from familial to managerial. Consequently, justice, the main canon of virtue, has been disregarded. In this paper, it firstly will be argued that Confucius practices hypocrisy by his paradoxical statements about behavioral norms. Secondly, positional duties, which subjugate people for the interests of the dynasty, does not correspond to liberal humanism, will be confirmed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Skeptical View of IntegralismElizabeth CoreyNo observer of the American right could say that the past decade has been boring. In recent years, people who formerly called themselves conservatives have become integralists, "national conservatives," "common good" conservatives, and "postliberals." They reject the fusionism that formerly brought libertarians into alliances with paleo- and neo-conservatives. They argue that principles of limited government and individual rights no longer suffice in an age (...) that has suffered the left's Gramscian march through the institutions (Italian Marxist Antonio Gramsci, 1891–1937).Among the most prominent of the new dissenters are certain Catholic conservatives who argue not only that "liberalism" has failed, but that that the remedy for its failure lies in a reintegration of religion and politics. Many of these writers argue that liberalism itself is a religion, or at least a quasi-religion, that should be opposed by real religion, which is Catholic Christianity.1 Liberalism's political liturgy, they maintain, is one of individual rights, freedom, and unfettered choice; but liberalism is a bad religion that leads to moral decline. It must be resisted by holding to the true liturgy, an [End Page 919] authentically religious one of obedience to Catholic doctrine and a revival of traditional morality in the public square. Who is responsible for enforcing this new liturgy? Why the new theorists themselves, of course, who believe that they are the recipients of privileged gnosis.These theorists have no qualms about asserting the desirable unity of politics and religion. Indeed, their primary interest in government seems to be in prescribing a religiously inspired morality for those they would govern. No mere rule-of-law regime will do. As journalist Sohrab Ahmari has boldly asserted: "Civility and decency are secondary values. They regulate compliance with an established order and orthodoxy. We should seek to use these values to enforce our order and our orthodoxy."2The confidence of these former conservatives is remarkable, and they are in fact making converts of young men everywhere. The clarity of their moral vision is undeniably attractive to a certain kind of soul. If the highest good for mankind is salvation, as Christians believe it is, then why not strain every nerve to achieve it, not only in worship but also in political action? Chad Pecknold has summarized the postliberal integralist view as follows: "We must recognize that our cities simply are religious. Our most fundamental political conflicts are religious and theological. Thus, Christians who care about their neighbor must not be indifferent to the sacred bonds of the city, but must oppose civic sacrilege, and work to reorient the domestic and civic altars alike to God's heavenly city." He concludes with a rousing peroration: "As pilgrims with our faces set towards Christ, the bright sun of justice itself, our cause is just. We have a great hope even in this temporal order which is passing away; we have a high calling to order not only our souls, but also to order our cities rightly, on earth as it is in heaven."3 The only task that remains, on this telling, is to put this vision into practice.It is never easy to follow the words of Jesus himself in the Lord's Prayer. Yet the skeptic in politics might be excused for a bit of throat-clearing and perplexity about precisely what is being argued, and about how such a grand vision is to be accomplished, or whether it is even desirable. In the pages that follow, I identify an alternative way of thinking about politics that is significantly less exalted than integralism. This more "skeptical" alternative is potentially capable of achievement, given the political institutions currently in place in the United States. It is also significantly more respectful of the political and moral pluralism that now exists and seems unlikely to disappear. [End Page 920]Following the lead of British political philosopher Michael Oakeshott, I consider two opposed ways of thinking about politics, which Oakeshott called, in On Human Conduct, "enterprise and civil association," and elsewhere "faith and scepticism." With this framework in mind, I consider the dark and pessimistic view of modern society held by the postliberal integralists. I... (shrink)

As a presumed bastion of the Enlightenment values that support a critical intelligentsia, the university is often regarded as both the bedrock and beneficiary of liberal democracy. By contrast, authoritarian regimes are said to discourage higher education out of fear that the growth of a critical intelligentsia could imperil their survival. The case of China, past and present, challenges this conventional wisdom. Imperial China, the most enduring authoritarian political system in world history, thrived in large part precisely because of (...) its sponsorship of a form of higher education closely tied to state interests. Although twentieth-century revolutions brought fundamental change to Chinese politics and pedagogy, the contemporary party-state also actively promotes higher education, cultivating a mutually advantageous state-scholar nexus and thereby reducing the likelihood of intellectual-led opposition. As in the imperial past, authoritarian rule in China today is buttressed by a pattern of educated acquiescence, with academia acceding to political compliance in exchange for the many benefits conferred upon it by the state. The role of educated acquiescence in enabling Chinese authoritarianism highlights the contributions of a cooperative academy to authoritarian durability and raises questions with prevailing assumptions that associate the flourishing of higher education with liberal democracy. (shrink)

Informed consent in clinical research is widely regarded as broken, but essential nonetheless. The most recent attempt to reform it comes as part of the first revisions to the Common Rule since it became truly “common” in 1991. This change, the addition of a “key information” requirement for most consent forms, is intended to support and promote a reasoned decision-making process by potential subjects. The key information requirement is both promising and problematic. It is promising because it encourages clarity and (...) honesty about research participation, creativity in information disclosure, and mutual learning through the investigator-subject relationship. It is problematic because those goals — which have remained aspirational since the beginning — may be difficult to achieve in what has become an excessively compliance-oriented regulatory regime. (shrink)

This paper addresses ethical issues surrounding global supply chains of multinational companies in developing countries. In particular, it considers the development and application of industry-wide ethical standards and codes of conduct for multinational supply chains in China. We describe and analyze the ethical norms and compliance components of such industry-wide regimes in the toy, textile, and consumer electronics industries. We argue that this development represents an positive attempt to institutionalize emergent international ethical standards and practices into this component (...) of the Chinese economy. (shrink)

Packing optimization problems have a wide spectrum of real-word applications. One of the applications of the problems is problem of placement of containers with spent nuclear fuel on the storage platform. The solution of the problem can be reduced to the solution of the problem of finding the optimal placement of a given set of congruent circles into a multiconnected domain taking into account technological restrictions. A mathematical model of the prob-lem is constructed and its peculiarities are considered. Our approach (...) is based on the mathematical modelling of rela-tions between geometric objects by means of phi-function technique. That allowed us to reduce the problem solving to nonlinear programming. Today, an important scientific problem is the problem of creating conditions for safe storage of spent nuclear fuel. In the process of creating any dry spent nuclear fuel storage, the following main stages can be identified: site selection, storage design, construction, operation and decommissioning. A full check for compliance of the repository and its elements with these standards usually begins at the design stage. At the stage of site selection, the inspection for compliance with safety standards is carried out only in terms of the impact of the repository as a whole on the environment. This approach cannot be considered fully appropriate, because, taking into account, for example, all the climatic features of the future storage site, it is possible to adjust the thermal storage regimes of spent nuclear fuel. Similarly, it can be considered necessary to analyze and select the shape of the storage site in order to accommo-date the maximum possible number of spent fuel containers. Such a choice, obviously, should be made taking into ac-count the norms of nuclear, radiation and thermal safety, as well as in compliance with technological limitations. The problem of finding the optimal placement of containers taking into account the given technological limitations can be formulated in the form of the problem of optimization of geometric design. Therefore, the purpose of the study is to build a mathematical model of the problem and study its characteristics to develop effective methods of solution. The proposed approach is based on mathematical modeling of relations between geometric objects using the method of phi-functions. This allowed to reduce the solution of the problem to the problem of nonlinear programming. (shrink)

This paper addresses ethical issues surrounding global supply chains of multinational companies in developing countries. In particular, it considers the development and application of industry-wide ethical standards and codes of conduct for multinational supply chains in China. We describe and analyze the ethical norms and compliance components of such industry-wide regimes in the toy, textile, and consumer electronics industries. We argue that this development represents an positive attempt to institutionalize emergent international ethical standards and practices into this component (...) of the Chinese economy. (shrink)

Any system for the protection of intellectual property rights (IPRs) has three main kinds of distributive effects. It will determine or influence: (a) the types of objects that will be developed and for which IPRs will be sought; (b) the differential access various people will have to these objects; and (c) the distribution of the IPRs themselves among various actors. What this means to the area of pharmaceutical research is that many urgently needed medicines will not be developed at all, (...) that the existing medicines will not be suitable for countries with a precarious health infrastructure or not target the disease variety that is prevalent in poorer regions. Such effects are commonly captured under the rubric of the “10/90 gap” in biomedical research. High prices will also restrict access to medicines as well endanger compliance to treatment schemes. IPRs are mainly held by multinational corporations situated in the developed world, which not only raises egalitarian concerns, but also severely limits the possibilities of companies in poorer countries to realize improvements on existing inventions, as they cannot financially afford to secure freedom to operate, which systematically shrinks the number of potential innovators. Those inequities lead to an enormous burden for the global poor and since no institution is willing to assume the responsibility to fulfil the right to health and the corresponding right of access to essential medicines, we have to analyse alternatives or additions to the actual intellectual property regimes in order to create new incentives to fill this gap. (shrink)

Explaining the seizure of power by the National Socialist Party and the totalitarian workings of the Nazi regime in the Third Reich is still difficult not only with respect to the atrocities committed but also to understanding whether the German population and society had to be terrorized into complying with the regime or were part and parcel of it. The paper introduces a notion of swarm to advance the idea that the German population was terrorized into a deliberate compliance (...) with the regime. The notion of swarm is sociologically controlled by a complementary notion of form, which serves to reconstruct and model the social calculus realized by the swarm to differentiate and reproduce itself inside a complex society. The data I use are the results of historical research done in the last 60 years. (shrink)

Bu çalışma, Türkiye’deki Şer’i yönetişim aktörlerinden olan banka içi danışma komitelerinin Şer’i yönetişimdeki yeri ve önemini keşfetmeyi amaçlamaktadır. Bu minvalde nitel araştırma desenlerinden olan durum çalışması tercih edilmiş ve 5 danışma komitesi üyesi ve 2 danışma komitesi başkanıyla yarı yapılandırılmış mülakatlar gerçekleştirilmiştir. Mülakatlar neticesinde toplam 625 dakikalık ses kayıtları elde edilerek çözümlenmiş ve 85 sayfalık metin elde edilmiştir. Elde edilen metinler ve görüşme notları ATLAS.ti programı aracılığıyla analiz edilerek BİDK, Şer’i yönetişim ve Merkezi Danışma Kurulu olmak üzere 3 ana tema (...) ve bunlara bağlı 26 alt temaya ulaşılmıştır. İlgili temalar BİDK’nin Türkiye’deki Şer’i yönetişimdeki yeri ve önemini keşfetmek açısından zengin bir içerik sunmaktadır. Türkiye’deki Şer’i yönetişimi ele alan çalışmaların literatürde sınırlı olması ve bu çalışmanın hem saha çalışmasına hem de Türkiye’deki Şer’i yönetişimde yer alan, katılım bankacılığının tarihine eş bir ömre sahip BİDK’ları konu etmesi literatürde özgün bir yere sahip olacağına işaret etmektedir. Islamic finance has developed the Shariah governance mechanism to ensure compliance and control of IFIs with the principles of Islamic law. However, the levels of Shariah governance are different from each other due to the different legal affiliations of each country, the level of development of Islamic finance, and regime differences. International Islamic financial institutions such as Islamic Financial Services Board and The Accounting and Auditing Organization for Islamic Financial Institutions have published standards to define the general lines of Shariah governance and have brought Shariah governance practices to a certain point, at least in principle. After the Shariah governance standards of IFSB and AAOIFI, studies on Shariah governance have increased rapidly. By 2010, while there were only 18 publications on Shariah governance in the two most well-known indexes, this number increased to 42 in 2015 and 159 in 2020. This academic interest shows that Shariah governance issues are followed closely. In this context, there have been some remarkable developments at the regulatory and supervisory level in terms of Shariah governance in Turkey, and the TKBB Advisory Board was established in 2018, bringing one step closer to international Shariah governance practices. (shrink)

In 2016, summarily outlawing all chemical inputs, the Indian state of Sikkim transitioned to completely organic agriculture. Despite “organic discontents” of farmers and citizens about autocratic implementation, lowered yields, and unsatisfactory prices, “Sikkim Organic” enjoys global accolades and local compliance. The paradox of alternative agriculture in the Global South is that it is often promoted by the same state-science-capital hegemonic formation that pushed the conventional paradigm. How has the Sikkimese state negotiated this paradox and continued to claim success, when (...) other radical state-led organic transformations have failed? Recent scholarship advocates for contextual definitions of organic success, beyond the parameters of yield and profit. They examine the socio-political concerns of farmers, middlemen and consumers that shape their engagement with the phenomenon. This lens is seldom applied to the state. Drawing on ethnographic conversations with farmers, local consumers, state officials and discourse analysis of governmental literature and speeches, this article analyzes the Sikkimese state’s efforts at consolidating its hegemony as a process of political brand-building. Highlighting the cultural aspects of policy implementation, it analyzes the affective resonances about traditional agrarian practices and about the morality of organic markets that the state discursively creates to support its organic regime. This extends the critique of the state beyond the focus on governmentality and neoliberalization through state-led certification/standardization. The article neither absolves the state of its failures nor dismisses the potential of progressive organic policies. It shows the significance of contextual cultural-political framings in determining outcomes of large-scale experiments towards sustainable agrarian futures. (shrink)

This article examines recent developments in the regulation of the medical profession in England, with particular reference to doctors working in the National Health Service (NHS). It is argued that the Health Act 1999 and associated government policies are bringing about a shift from a «light touch», self-regulatory paradigm to a government-driven, interventionist approach. It is suggested that the reason for the change is not simply a governmental concern with the quality and nature of care provided by doctors, but more (...) significantly, a concern with the cost of that care. The article offers a critique of the new regime, drawing on the socio-legal literature on regulation. Some aspects of the reforms ignore the need to persuade doctors to comply, and may therefore result in cheating or «creative compliance»; other aspects of the reforms provide doctors with opportunities to «neutralize» their impact. It concludes with an examination of the wider significance of the change in regulatory paradigm, and of the agenda for future research in this field. (shrink)

Following John Rawls, nonideal theory is typically divided into: (1) “partial-compliance theory” and (2) “transitional theory." The former is concerned with those circumstances in which individuals and political regimes do not fully comply with the requirements of justice, such as when people break the law or some individuals do not do their fair share within a distributive scheme. The latter is concerned with circumstances in which background institutions may be unjust or may not exist at all. This paper (...) focuses on issues arising in transitional theory. In particular, I am concerned with what Rawls’ has called “burdened societies," that is, those societies that find themselves in unfavorable conditions, such that their historical, social or economic circumstances make it difficult to establish just institutions. The paper investigates exactly how such burdened societies should proceed towards a more just condition in an acceptable fashion. Rawls himself tells us very little, except to suggest that societies in this condition should look for policies and courses of action that are morally permissible, politically possible and likely to be effective. In this paper I first try to anticipate what a Rawlsian might say about the best way for burdened societies to handle transitional problems and so move towards the ideal of justice. Next, I construct a model of transitional justice for burdened societies. Ultimately, I argue for a model of transitional justice that makes use of a nonideal version of Rawls’ notion of the worst-off representative person. (shrink)

In this study, we reconcile conflicting findings from the extant literature on the impact of tax system parameters on tax noncompliance. We argue that social norms play a role of heuristics facilitating tax payers’ response to the instrumental incentives posed by the systemic parameters, such as tax rate and penalties for evasion, and thus moderate the effect of those parameters on willingness to evade taxes. Relying on a unique survey experiment conducted in fourteen countries of Central-Eastern Europe, we demonstrate two (...) types of a conditioning effect of norms. First, the impact of tax rates on respondents’ propensity for tax evasion is moderated by the perceived norms of the society at large. In particular, an increasing tax rate lowers the probability of evasion as long as one views “most others” as honest taxpayers, which highlights the importance of equitability concerns for tax compliance decisions. In contrast, the impact of punishment is moderated by the perceived norms of one’s immediate reference group. Strong subjective compliance norms tend to effectively replace penalties as a mechanism discouraging tax evasion, suggesting that the deterrent effect of a penalty can be entirely suppressed when subjective norms are strong. These findings have important implications for the understanding of tax compliance decisions under different formal and informal regimes. (shrink)

Cecile Fabre’s Through a Glass Darkly offers a compelling account of the ethics of espionage drawn from both interpersonal morality and democratic and cosmopolitan political theory. Yet the spying that her theory finds permissible or prohibited does not map onto the spying that states undertake and that international law either explicitly or implicitly authorizes. That law allows or tolerates significant spying to promote compliance with diverse international legal regimes as well as advance other important public order values — (...) well beyond that allowed under Fabre's theory. This disconnect represents a challenge for her theory and ideal theory generally. This essay identifies these gaps and considers alternative approaches to addressing them. It argues that the political morality of spying should be explored through institutional moral reasoning that takes account of the actual practices, expectations, and institutions that states have created; it then offers a set of criteria for the international political morality of espionage. The essay concludes with a discussion of a key feature of all espionage, namely the secrecy of the methods used — as opposed to their goal of find others’ secrets. International law is both pushing transparency in many areas yet still allowing secret conduct by states, and these practices should also inform a theory of espionage. (shrink)