A growing literature looks at how the design of the electoral system shapes the voting behavior of politicians in parliaments. Existing research tends to confirm that in mixed-member systems the politicians elected in the single-member districts are more likely to vote against their parties than the politicians elected on the party lists. However, we find that in South Korea, the members of the Korean National Assembly who were elected on PR lists are more likely to vote against their party (...) leadership than the members elected in single-member districts (SMDs). This counterintuitive behavior stems from the particular structure of candidate selection and politicians' career paths. This suggests that any theory of how electoral systems shape individual parliamentary behavior needs to look beyond the opportunities provided by the electoral rules for voters to reward or punish individual politicians (as opposed to parties), to the structure of candidate selection inside parties and the related career paths of politicians. (shrink)

This study explores the individual-level activities of legislators in parliament, which have been largely ignored in the literature on parliamentary democracies. Individual legislators are extensively involved in parliamentary activities such as drafting private members’ bills and posing questions, even though these activities have only been considered to play marginal roles in parliamentary democracies. Moreover, their engagement varies significantly. By using unique data from Japan, this study demonstrates that the personal attributes of legislators affect their choice of parliamentary activities. Under electoral (...) systems with intra-party competition, legislators use parliamentary activities as an important means to inform their constituents about what they can do for them and how they differ from other legislators. In elections, candidates cultivate personal votes by exploiting the image drawn from their personal attributes and, once elected, they behave in accordance with their attributes in order to maintain their electoral ground. Thus, they devote themselves to different activities in parliament. The data analyzed here support this argument. The results of empirical analyses show that legislators with local-level political experience engage in particularistic pork-barrel activities that will benefit their local interests, while legislators with legal-work experience allocate their time and energy to general policy-making activities that will enhance their public image and visibility as legal experts. (shrink)

Since the publication of Ekins’ The Nature of Legislative Intent, significant attention has been paid to common attitude models of legislative intention, that is, models that require unanimity among its group members. A common interpretation of Ekins is that these common attitudes are to be preferred over aggregated attitudes. I argue that any feasible theory of legislative attitudes will require non-trivial aggregation (ie. not based on unanimity rules alone). Two arguments are put forward in this regard: first, (...) that non-trivial aggregation better explains uncooperative legislative behaviour and second, that mathematical problems with aggregation apply to common attitudes as well since they involve trivial aggregation. These arguments generalise to theories of common attitudes other than Ekins’. (shrink)

This paper draws on Cox and McCubbins’ comparison of floor and cartel agenda models and adapts it to the context of multi-party parliamentary regimes with the goal of clarifying some important differences between the legislative consequences of cohesion and discipline, on the one hand, and the effects of agenda setting, on the other. Internal party discipline and/or preference cohesion receives the bulk of emphasis in comparative studies of empirical patterns of legislative behavior, generally without considering the role (...) of the agenda. In a series of stylized models, this paper highlights important differences between having more unified parties and/or coalitions as a result of discipline and/or cohesion and the successful use of agenda control. We show that cohesion or discipline - understood as the ability to achieve voting unity - does not produce the same patterns of legislative behavior as negative agenda control. Data on legislative voting in the Polish Sejm are used to illustrate some points. (shrink)

This paper explores the financial reporting scandals of the past decade and the resulting U.S. legislative attempts to impose ethical behavior and control the incidence of new reporting problems via the Sarbanes-Oxley legislation. We begin with a brief historical perspective followed by assertions of ethical consequences of legislation with discussions of key recent corporate scandals, the motives for the frauds, and the consequences. Ethics related provisions of the Sarbanes-Oxley Act are discussed with the potential impact of the legislation (...) on the likelihood of similar future frauds and accompanying prognosis for future corporate ethical behavior. (shrink)

“Nudging” is commonly seen as an appealing form of “Smart legislation” based on the findings of Behavioural sciences and alternative to traditional forms of regulation. However, notwithstanding the ever increasing references and a growing body of literature on its acceptability, a proper definition of the concept seems still lacking, since all the attempts to date have only provided over- or under-inclusive definitions. This chapter purports to offer a more plausible definition. Firstly, the received view and especially Thaler’s and Sunstein’s descriptions (...) of nudging will be examined and subjected to a first critical assessment. Secondly, a few examples will be made of policies enacted all around the world which are usually referred to as cases of nudging. Thirdly, some of the elements which have often been associated to nudging as its definitional features will be tested against the set of examples: such test will show that most of those elements must be done away with. Lastly, a “minimal” definition will be offered. While allowing us to distinguish nudging from other forms of conduct-influencing interventions, the minimal definition will exclude many features as its necessary conditions: among others, those related to specific ends and political ideologies. (shrink)

This edited volume covers new ground by bringing together perspectives from symbolic legislation theory on the one hand, and from biolaw and bioethics on the other hand. Symbolic legislation has a bad name. It usually refers to instances of legislation which are ineffective and that serve other political and social goals than the goals officially stated. Recently, a more positive notion of symbolic legislation has emerged in legislative theory. From this perspective, symbolic legislation is regarded as a positive alternative (...) to the more traditional, top-down legislative approach. The legislature no longer merely issues commands backed up with severe sanctions, as in instrumental legislation. Instead, lawmakers provide open and aspirational norms that are meant to change behavior not by means of threat, but indirectly, through debate and social interaction. Since the 1990s, biomedical developments have revived discussions on symbolic legislation. One of the reasons is that biomedical legislation touches on deep-rooted, symbolic-cultural representations of the biological aspects of human life. Moreover, as it is often impossible to reach consensus on these controversial questions, legislators have sought alternative ways to develop legal frameworks. Consequently, communicative and interactive approaches to legislation are prominent within the governance of medical biotechnology. The symbolic dimensions of biolaw are often overlooked. Yet, it is clear that the symbolic is at the heart of many legal-political debates on bioethical questions. Since the rise of biomedical technologies, human body materials have acquired a scientific, medical and even commercial value. These new approaches, which radically question existing legal symbolizations of the human body, raise the question whether and how the law should continue to reflect symbolic values and meanings. Moreover, how can we decide what these symbolic values are, given the fact that we live in a pluralistic society? (shrink)

It has now been more than 50 years since H. L. A Hart and Lord Patrick Devlin first squared off in perhaps the most celebrated jurisprudential debate of the twentieth‐century (1959–1967). The central issue in that dispute—whether the state may criminalize immoral behavior as such—continues to be debated today, but in a vastly changed legal landscape. In this article I take a fresh look at the Hart‐Devlin debate in the light of five decades of social and legal changes.

SUMMARYThe debates over Sunstein and Thaler’s Nudge oppose libertarianism and paternalism, or defend the authors’ proposed manipulation of individuals’ ‘choice architectures’ as a consistent system of libertarian paternalism. My essay looks beyond the terms of this debate and revisits Bentham’s ‘Indirect Legislation’ in order to excavate the issues raised by the deployment of technologies of behavioural economics in schemes of government. On the one hand, nudging is nothing other than a mild and carefully considered mode of indirect legislation, and the (...) authors are right to join Bentham in pointing out that the landscape they seek to improve is always with us; we are always already governed and governing others, and we might as well govern and be governed better than we do/are. On the other hand, nudge-like innovations reveal the extent to which Bentham’s insights have been captured by a disciplinary orientation that removes its subjects from political space. Put differently, the issue with this kind of government is not that it interferes with our liberty so much as that it presumes our lack of political orientation and efficacy. Bentham’s liberal subjects inhabit a public and even republican space that Sunstein and Thaler’s neo-liberal subjects have long since abandoned. (shrink)

This paper considers the justifiability of criminalising anti-social behaviour through two-step prohibitions such as the Anti-Social Behaviour Order (ASBO). The UK government has recently proposed to abolish and replace the ASBO; however, the proposed new orders would retain many of its most controversial features. The paper begins by criticising the definition of anti-social behaviour employed in both the current legislation and the new proposals. This definition is objectionable because it makes criminalisation contingent upon the irrational judgements of (putative) victims, and (...) its often modest preventive benefits come at a high cost to citizens’ liberty and autonomy. The paper then goes on to propose a new definition of anti-social behaviour that would meet these objections: that is, as a course of conduct that causes others to experience serious and justifiable anxiety about the safety of their local community. Whilst this definition identifies a serious form of wrongdoing, its precise scope is inevitably uncertain. The paper thus concludes that we have good reason to use two-step prohibitions such as the ASBO to regulate such conduct, so as to enable the use of the criminal law against it whilst minimising possible concerns of legality arising from the proposed definition’s uncertain scope. (shrink)

Aims and background: The present work assessed the impact of two decrees on ethics committees in Italy, aimed at bringing the national laws on the conduct of clinical trials into line with the rest of the EC, and regulating and facilitating not-for-profit research.Material and methods: Prospectively collected data from an Italian multicentre study were examined with respect to the ethics review process. Administrative and time elements of the review process were audited. Main outcome measures were time between the application submission (...) and the ethics committee definitive opinion, type and number of application submission forms, number of ethics committees that refused fee exemption, and time between the ethics committee approval and the administrative authorisation.Results: A total of 134 local research ethics committees were approached. Application submission procedures and application forms varied greatly; paper submission was mandatory. The median time from submission to approval was 72 days. Only two LRECs refused the fee exemption. The median time from LREC approval to administrative agreement was 50 days and only 9.6% of local authorities came to a verbal agreement with the sponsor.Conclusions: Italian LRECs are still not sufficiently efficient in complying with the Directive 2001/20/EC requirement . Better coordination of LRECs work is needed although the optimal level of coordination between them is still not known. In the meantime, national guidelines are needed concerning the application of Directive 2001/20/EC. The behaviour of Italian LRECs towards not-for-profit research was excellent although only the fee exemption was requested. (shrink)

Organized only two years after the previous genera! elections, the 1987 poll, characterized by a great stability of the electorale, wilt probably have a deep political impact on the country's future.If the rate of external mobility suitably gauges the extent of the citizens' shifts in votes, the 1987 elections will have ranged among the four most stable general elections out of the twenty-two that have taken place since universal suffrage has been introduced. And yet, because of the decline of the (...) outgoing coalition, on the one hand, which is mainly due to the loss suffered by the CVP, and because of the change of majority within the Walloon Regional Council and the French-speaking Community Council, on the other, the political situation appears very different after the 13th December 1987 elections. The observer can only be struck by the asymmetrical behaviour of the voters in the northern and southern parts of the country. In Flanders, the main party is on the decline white all other parties are winning votes.However, everything seems to show that the motivation of the voters who did not vote twice for the same party in 1985 and 1987, but who, as we said, are not very numerous, was an economic and social motivationrather than a language or community-related one. The gains of Agalev, the PVV and the SP in the face of the Volksunie's status quo cannot be explained otherwise. The gains of the Vlaams Blok, notably in Antwerp, are probably due to social rather than community-linked motivations too. In the W alloon Region, on the contrary, the main party is registering an obvious gain, white the other parties are declining or stagnating. In this case, the motivations seem to be numerous : they have a social and economic background on the part of voters who trusted the main opposition party, but they are also community linked and inspired by considerations that have to do with the relationships between the Walloon and Flemish people in the Belgian State under transformation.The political prospects then appear uncertain. This is even more true that two other elections are to take place in the next eighteen months.These concern the opposite levels of the elected Assemblies: the municipal Council and the European Parliament. (shrink)

This anthology highlights the theoretical foundations as well as the various applications of Behavioural Law and Economics in European legal culture. By the same token, it fosters the dialogue between European and American Law and Economics scholars. The traditional neo-classical microeconomic theory explains human behaviour by using Rational Choice. According to this model, people tend to maximize the difference between expected utility and cost ("expected utility theory"). This theory includes three assumptions: (1) unbounded rationality, (2) unbounded self-interest, and (3) unbounded (...) willpower. Behavioural Economics questions these assumptions and endeavours to render economic analysis more realistic by underpinning it with psychological insights. In recent years, the influence of Behavioural Economics on the Economic Analysis of Law has gained momentum. Behavioural Law and Economics generates a better theoretical understanding of legal phenomena and offers a multitude of applications in legislation and legal adjudication. This volume is testament to the growing and thriving Law and Economics movement in Europe. The European Law and Economics community has steadily grown and the yearly Law and Economics Conference at the law faculty of the University of Lucerne has successfully become a guiding star in the vast sky of Law and Economics. (shrink)

The 21st century has seen a much-increased focus on the importance of ethical behaviour in business, driven by major scandals, calls for stricter regulation and increased demands for improved governance and reporting. In parallel, there are calls for the incorporation of moral and ethical elements in business education and university accreditation bodies and schools are responding. In particular, the explosion of technology change, particularly Internet, social media and beyond have raised many challenges for individuals, organizations and legislators. However, educational responses (...) are varied and little has been done to determine the effectiveness of what has been done. Most responses to this need to provide ethical education follow a cognitive, rule-based approach, often using case-based techniques. This can improve knowledge and understanding of ethical issues, but it may have limited influence on actual behaviour. A relatively new field – Positive Psychology -- provides an alternate perspective, focusing on what is good rather than what is poor behaviour. One Positive Psychology approach, that of Appreciative Inquiry, which has not previously been used in ICT ethics education, offers a promising technique to develop improved moral attitudes and behaviour. This paper reports on a large-scale pedagogical research project that: examines ethical perspectives from philosophy, psychology and pedagogy in the context of ICT professional education; describes the development and multistage implementation of an ethics course in an undergraduate business ICT program delivered to more than 1,200 students; discusses the formal evaluation of changes in moral attitude following a Positive Psychology intervention in the education of some 300 Business ICT students using the Defining Issues Test, Version 2 and the IMIS Survey developed at the Centre for Computing and Social Responsibility. The project results demonstrate that a well-designed applied ICT ethics course produces measureable positive changes in the ethical stances of participants and that the use of Appreciative Inquiry increases the impact of these changes. In addition to the relevance of the findings for educators they can provide guidance to those in organisations responsible for the ethical behaviour of their ICT employees. (shrink)

Wittgenstein taught us that there could not be a logically private language— a language on the proper speaking of which it was logically impossible for there to be more than one expert. For then there would be no difference between this person thinking she was using the language correctly and her actually using it correctly. The distinction requires the logical possibility of someone other than her being expert enough to criticize or corroborate her usage, someone able to constitute or hold (...) her to a standard of proper use. I shall explore the possibility of something opposite- sounding about laws, namely, that there could in principle be laws whose existence, legitimacy, goodness, and efficacy depend upon their being private, in this sense: their existence is kept secret from those who legitimately benefit from the laws and yet who would misguidedly destroy them were they to come to know of them; and it is kept secret from those who would illegitimately benefit from being able to circumvent the laws, and who could circumvent them if they knew of them. The secrecy of the laws increases their efficacy against bad behavior, and since were the public to come to know of these laws the public would lose its nerve and demand that the laws be rescinded, it prevents the public from destroying laws that are in fact in the public interest. These laws are therefore in a way logically private: they cannot at the same time exist, have the foregoing virtues, and be public. After proposing conditions under which such laws ought to be enacted, I moot logical objections to the very idea that there could be such laws, practical objections to their workability, and moral objections to their permissibility. I conclude by suggesting that, while we normally think of secret laws as creatures of the executive branch, things functionally equivalent to secret laws could also be created by other branches of government and societal institutions, and that all of this would be compatible with the form of sovereignty that is democratically grounded in the will and interests of the people. (shrink)

Even though potential impacts of political and legal environments of business on ethical behavior of firms (EBOF) have been conceptually recognized, not much evidence (i.e., empirical work) has been produced to clarify their role. In this paper, using Bayesian causal maps (BCMs) methodology, relationships between legal and political environments of business and EBOF are investigated. The unique design of our study allows us to analyze these relationships based on the stages of development in 92 countries around the world. The (...) EBOF models structured through BCMs are used to explain how EBOF in a given country group are shaped by how managers perceive political, legislative, and protective environments of business in these countries. The results suggest that irregular payments and bribes are the most influential factors affecting managers’ perceptions of business ethics in relatively more advanced economies, whereas intellectual property protection is the most influential factor affecting managers’ perceptions of business ethics in less-advanced economies. The results also suggest that regardless of where the business is conducted in the world, judicial independence is the driving force behind managers’ perceptions of business ethics. In addition, the results of this study provide further support for scholars who argue that business ethics is likely to vary among countries based on their socio-economic factors. In addition to its managerial implications, the study provides directions for policy makers to improve the ethical conduct of businesses in their respective countries. (shrink)

Spanish legislation on insurance and reinsurance mediation stipulates that intermediary can only receive commissions and fees for the management of their policies and prohibits any other form of remuneration. However, it is possible that financial intermediaries who manage larger risks wait until the end of the legal deadline to settle with insurance companies. This common practice in the insurance market hides additional remuneration in defiance of the law. It also means that the risk is not covered within the prescribed period (...) and would, involve a commercial payment to the client, and, on the other hand, affect sustainable claims management. (shrink)

The purpose of this study is to expand our understanding of the factors that influence ethical behavioral intentions of public accountants. Recent scandals have dominated the news and have caused legislators, regulators and the public to question the role of the accounting profession. Legislative changes have brought about major structural changes in the profession and continued scrutiny will surely lead to further changes. Thus, developing an understanding of the personal and contextual factors that influence ethical decisions is critical. An (...) extension of the theory of planned behavior [Ajzen, I.: 1985, Action Control-From Cognition to Behavior ], the model used in this study examined the influence of personal, social and organizational factors on ethical intentions. Specifically, the individual level model tested direct eects of attitudes, subjective norms, perceived behavioral control, moral sensitivity and ethical climate. Professionals from five accounting firms completed a survey that measured responses to ethical dilemmas related to the public accounting domain. To minimize the potential impact of common method bias, the survey instrument was administered in two phases. Hypotheses were evaluated using a structural modeling technique, partial least squares. Results show strong support for a direct relationship between attitudes and ethical intentions. The proposed direct eect of subjective norms was not supported. However, a significant relationship between subjective norms and attitudes was found. Professionals' attitudes towards ethical issues clearly influence intentions. Moreover, this study illustrates the potential influence of social factors in attitude formation. Future research should explore the factors in the public accounting domain that most strongly influence attitude formation. This study suggests that the theory of reasoned action oers a useful framework for exploring these issues. (shrink)

We invoke a triple rationale to rebut Hooper and Spicer's argument against mandatory helmet laws. First, we use the laws of physics and empirical studies to show how bicycle helmets afford substantial protection to the user. We show that Hooper and Spicer erroneously downplay helmet utility and that, as a result, their attack on the utilitarian argument for mandatory helmet laws is weakened. Next, we refute their claim that helmet legislation comprises unjustified paternalism. We show the healthcare costs of bareheaded (...) riding to pose significant third party harms. It follows, we argue, that a utilitarian case for helmet laws can be sustained by appeal to Mill's Harm Principle. Finally, we reject Hooper and Spicer's claim that helmet laws unjustly penalise cyclists for their own health-affecting behaviour. Rather, we show their argument to suffer by disanalogy with medical cases where injustice may be more evident, for example, denial of bypass surgery to smokers. We conclude that mandatory helmet laws offer substantial utility and are entirely defensible within the framework of a liberal democracy. (shrink)

The purpose of this study is to expand our understanding of the factors that influence ethical behavioral intentions of public accountants. Recent scandals have dominated the news and have caused legislators, regulators and the public to question the role of the accounting profession. Legislative changes have brought about major structural changes in the profession and continued scrutiny will surely lead to further changes. Thus, developing an understanding of the personal and contextual factors that influence ethical decisions is critical. An (...) extension of the theory of planned behavior [Ajzen, I.: 1985, Action Control-From Cognition to Behavior (Springer, Heidelberg)], the model used in this study examined the influence of personal, social and organizational factors on ethical intentions. Specifically, the individual level model tested direct effects of attitudes, subjective norms, perceived behavioral control, moral sensitivity and ethical climate. Professionals from five accounting firms completed a survey that measured responses to ethical dilemmas related to the public accounting domain. To minimize the potential impact of common method bias, the survey instrument was administered in two phases. Hypotheses were evaluated using a structural modeling technique, partial least squares. Results show strong support for a direct relationship between attitudes and ethical intentions. The proposed direct effect of subjective norms was not supported. However, a significant relationship between subjective norms and attitudes was found. Professionals’ attitudes towards ethical issues clearly influence intentions. Moreover, this study illustrates the potential influence of social factors in attitude formation. Future research should explore the factors in the public accounting domain that most strongly influence attitude formation. This study suggests that the theory of reasoned action offers a useful framework for exploring these issues. (shrink)

This article examines the power relationship between the prime minister and ruling party legislators. I theoretically explore the power relationship between the prime minister and ruling party legislators, and examine legislators' parliamentary voting, focusing on the political process of postal service privatization of 2005. This analysis presents three arguments. First, theoretically, when the prime minister attempts to achieve a project, risking his or her job, he or she can firmly control ruling party legislators. Second, empirically, the anti-Koizumi legislators' rebellion was (...) based on their unfounded assumption about the prime minister's behavior or ultimate outcomes. Third, the anti-Koizumi legislators' electoral incentives to secure their reelection and ruling incentives to weaken or overthrow the Koizumi Cabinet drove them to rebel against the prime minister in the Lower House, while the ruling incentives alone caused the rebellion in the Upper House. (shrink)

This integrative review aims to provide a synthesis of research findings of health-care professionals’ knowledge, attitudes and behaviours relating to patient capacity to consent to or refuse treatment within the general hospital setting. Search strategies included relevant health databases, hand searching of key journals, ‘snowballing’ and expert recommendations. The review identified various knowledge gaps and attitudinal dispositions of health-care professionals, which influence their behaviours and decision-making in relation to capacity to consent processes. The findings suggest that there is tension between (...) legal, ethical and professional standards relating to the assessment of capacity and consent within health care. Legislation and policy guidance concerning capacity assessment processes are lacking, and this may contribute to inconsistencies in practice. (shrink)

The article focuses on the new institute of the Lithuanian law of constitutional justice procedure – the dissenting opinion of a Constitutional Court justice as it is consolidated in the Law on the Constitutional Court. It is argued that the current statutory regulation is defective in essence because it creates preconditions for diminishing the quality of both the final act of the Constitutional Court (especially when the dissenting opinion is to be filed by the judge rapporteur) and the dissenting opinion (...) under preparation. The narrative is half-normative and half-behavioural: the institute is analysed in the context of established procedural practice of the Constitutional Court as an extremely collegial institution (also due to the statutory regulation), as well as in the context of the current condition of the public discourse in Lithuania. Namely, statutory regulation allows filing a dissenting opinion (which is not distinguished from the concurring opinion) within three working days after the public announcement of the decision (ruling, conclusion) of the Constitutional Court. Consequently, it is hardly possible to argue that the justice who filed the opinion did not do this in view of the immediate reaction to the decision by the media, the society, or the establishment, and even that he or she did not do this because such reaction took place. Also, the three-day period mentioned above puts any justice ready to file a dissenting (or concurring) opinion into the position where he or she simultaneously needs to participate in the collegial activity of the Court in deciding cases, as well as to write the dissenting (concurring) opinion. In the article, the legislative proposal is presented that the Law on the Constitutional Court should be amended so as to allow for a relatively long time span between the adoption of the decision (ruling, conclusion) and its announcement to the public at large. However, it is not suggested that the general mode of collectivism as dictated by the Law and as implemented in the established practice of the Constitutional Court shall be abandoned. By this article, the author continues his research on the matter as commenced in his two earlier articles (of 2011 and 2012). (shrink)

Many of the world’s mental health acts, including all Australian legislation, allow for the coercive detention and treatment of people with mental illnesses if they are deemed likely to harm themselves or others. Numerous authors have argued that legislated powers to impose coercive treatment in psychiatric illness should pivot on the presence or absence of capacity not likely harm, but no Australian act uses this criterion. In this paper, I add a novel element to these arguments by comparing the use (...) of the harm to others justification for coercive treatment in mental illness with its use in illness due to infectious disease, and suggest a double standard applies. People with mental illness are subjected to coercive treatments at levels of risk to others far, far lower than would precipitate coercive treatment in people with influenza. In effect, this element of mental health legislation represents an example of sanism—state-sanctioned discrimination against people with mental illnesses. (shrink)

Part 1. The rationalization and how it works. The culture war -- Order in the universe: Aristotle's laws of nature -- Rousseau's inversion of Aristotle -- The argument from justice -- The lessons from biology -- Inventing morality -- Part 2: Marching through the institutions. Sodomy and science -- Same-sex parenting -- Sodomy and education -- Sodomy and the Boy Scouts -- Sodomy and the military -- Sodomy and US foreign policy --Conclusion -- Afterword -- Acknowledgments -- Appendix: Disease and (...) mortality -- Index of proper names -- Index of subjects. (shrink)

Recent ethical misconduct in American business has resulted in volumes of written commentary, various legislative responses, as well as litigation by those identified as victims. While legislators, judges, juries, and the Securities and Exchange Commission (SEC) pursue an increasing number of cases, there is little attention devoted to understanding what drives executives and other leaders to behave in ways that violate the ethical and legal standards of business in the United States. This understanding is a prerequisite to selecting leaders (...) and designing interventions that prevent future misconduct. Understanding leadership’s nature and functioning is one key to understanding the ethical behavior of an organization as a system and of the people who lead the organization. Two models or frameworks provide the foundation for this paper. The first is a model of leadership competencies. This model identifies five key areas of competence related to overall, long-term leadership success. The second model targets leadership effectiveness. This model has three components – motivational patterns, decision criteria, and competencies. Using the Leadership Effectiveness Model to frame the discussion, the authors describe the nature and importance of the models, with particular focus on motivational patterns. Research suggests these patterns often account for 40–60% of overall leadership effectiveness. This article defines motivational patterns and describes key patterns that may impact ethical behavior of leaders. The article concludes with a discussion of how to use data on motivational patterns in leadership selection, development, and evaluation processes. (shrink)

The world relies on authentic research that guides legislation, policy formulations, and governmental and corporate actions. Therefore, researchers globally should be aware of academic integrity and publication ethics. This research delved into plagiarism that severely undermines any scientific study. It explores the relationship between adverse attitudes (attitudes that favor plagiarism) and plagiaristic behavior. We probed deeper into the theories of planned behavior, reasoned action, and ethical theories of rational self-interest, cultural acceptance, and deontology to propose corrective measures as (...) an intervention to reduce adverse attitudes and plagiaristic behavior. Upon empirical testing of the said propositions through two studies (Study 1, n1 = 2609; Study 2, n2 = 2678), we ascertained a significant negative relationship between corrective measures and adverse attitudes and corrective measures and plagiaristic behavior. We also empirically examined the mediating effect of adverse attitudes on the relationship between corrective measures and plagiaristic behavior. The results confirm the mediation model, in which academics subjected to corrective actions reported reduced plagiaristic behavior through reduced adverse attitudes. The findings further the literature on plagiarism and provide crucial implications for managing plagiaristic behavior among academics. The study also provides specific corrective actions that educational administrators should initiate to ensure academic integrity. (shrink)

Today, digital piracy remains a growing challenge for both legislators and businesses operating in the entertainment industry. This study explores when and why consumers make trade-offs between illegal and legal streaming services. By drawing on protection motivation theory, we find that consumers' threat and coping appraisals increase their adaptive behavior, i.e., lower intention to consume illegal and higher intention to consume legal streaming services. We also show that the strength of consumers' inherent ethical (relativism) and political (economic liberalism) identities (...) conditions adaptive behavior through social identity theory. We find that low relativism strengthens the adaptive behavior through threat appraisal, while economic liberalism strengthens the adaptive behavior through coping appraisal. Our robustness checks show that these results hold when the model accounts for the level of consumers' digital piracy attitudes. We used a scenario-based approach to test our hypotheses and surveyed 244 consumers who use streaming services. Our study contributes to the literature by showing that consumers' adaptive behavior envisioned through protection motivation theory can be weakened or strengthened by their ethical and political identities. (shrink)

Social network analysis has become an increasingly important tool among political scientists for understanding legislative cooperation in modern, democratic nation-states. Recent research has demonstrated the influence that group affinity (homophily) and mutual exchanges (reciprocity) have in structuring political relationships. However, this literature has typically focused on political cooperation where costs are low, relationships are not exclusive, and/or partisan competition is high. Patterns of legislative behavior in alternative contexts are less clear and remain largely unexamined. Here, we compare (...) theoretical expectations of cooperation in these contexts from the political and biosocial sciences and implement the first assessment of political alliance formation in a novel legislative environment where costs to cooperation are high and party salience low. We implement a stochastic actor-oriented model (SAOM) to examine bill floor sponsorship, a process in which a “floor sponsor” becomes the exclusive advocate for a colleague’s piece of legislation, in the Utah state legislature from 2005 to 2008—a context in which gender (male) and political party (Republican) supermajorities exist. We find that (1) party and gender homophily predict who legislators recruit as floor sponsors, whereas seniority does not, and (2) legislators frequently engage in reciprocal exchanges of floor sponsorship. In addition, whereas gender homophily increases the likelihood of reciprocity, party homophily decreases it. Our findings suggest that when the cost of cooperation is high, political actors use in-group characteristics for initiating alliances, but once a cooperative relationship is established with an out-group political member, it is reinforced through repeated exchanges. These findings may be useful for understanding the rise of political polarization and gridlock in democracies internationally. (shrink)

Despite legislation and public education, racism and sexism are alive and well. Though pre‐conceptive gender selection may enhance procreative liberty, this technology presents two disturbing questions. First, does sex selection represent underlying parental sexism? Second, by performing gender selection, do medical professionals perpetuate sexism? It will be maintained that pre‐conceptive sex selection is sexist as it reflects parental anticipation of stereotypical gender based behavior. Perhaps even more incriminating, sex selection forces parents to prefer one sex over another, to place (...) a value on gender. This emphasis on sex conflicts with societal goals which urge, and often legally require, individuals to ignore gender. We will assert that pre‐conceptive gender selection exemplifies sexism in its purest most blatant form as prior to conception, before parents can possibly know anything about their child, gender dominates the calculus of a child’s worth. We will also emphasize that physicians, by facilitating sex selection, legitimize the motivations of their patients and provide de facto support of sexism. In a similar vein, arguments against pre‐conceptive race selection will be made. (shrink)

This article explores the ethics of migrant marketers in Guangzhou. Data were collected from 357 migrant marketers who lived in Guangzhou. A model of Ethical Action has been developed to test the antecedents and outcomes of the ethical decision-making process. It measured moral intention using four ethical scenarios. The results show that the egoistic schema had a positive effect on their intention to act unethically, while the legislative schema exerted a negative effect. The results confirm that moral intention was (...) a strong predictor of an individual's subsequent actual behavior, and it fully mediated the influence of the legislative schema on actual behavior. This study adds to ethics literature by incorporating the construct of social identity and found a moderating effect between the legislative schema and moral intention. The relationships were stronger for individuals who were lower rather than higher in social identity. Analysis of these results lead to a discussion of the implications for marketing ethics in China. (shrink)

Whistle blowing programs have been central to numerous government, legislative, and regulatory reform efforts in recent years. To protect investors, corporate boards have instituted numerous measures to promote whistle blowing. Despite significant whistle blowing incentives, few individuals blow the whistle when presented with the opportunity. Instead, individuals often remain fallaciously silent and, in essence, become passive fraudsters themselves. Using the fraud triangle and models of moral behavior, we model and analyze fallacious silence and identify factors that may motivate (...) an individual to rationalize fallacious silence. We use a survey of graduate accounting students to test hypothesized factors that contribute to fallacious silence rationalizations in an academic setting. We find evidence that the ability to rationalize fallacious silence is related to community influences and personal traits such as awareness and moral competence. (shrink)

The aim of this article is to point out the basic areas of judgment made by employees considering the ethical or unethical behaviour of employers in the workplace. The authors analyse this subject from three perspectives: The first one is labour legislation in Poland; the second is the perspective of employers, especially codes of ethical standards created by contemporary organizations, and the third perspective is the point of view of employees. The conclusions in this area have been made on the (...) basis of research in two Polish insurance companies. The authors attempted to create a ranking of ethical elements significant for employees. Such knowledge could be very useful for creating proper personnel policy in any organisation. (shrink)

In the UK and USA ‘Hate crime’ has become a topic of public controversy and social mobilization around issues of violence and harassment. This has largely but not exclusively addressed racism, homophobia and gender based violence. This article has three objectives. First, to situate hate crime legislation within a broad theory of modernity;secondly to examine the politics of its emergence as a public issue; thirdly to use data from the authors' recent research in Greater Manchester to illuminate the complexity of (...) the concept of ‘hate crime’. The centrality of ‘hate crime’ to current debates derives from the importance of rights-based regulation of complex societies and the juridical management of emotional life. Hatred and violence have become problematic behaviour thrown into relief by a long term civilizing process. Hate crimes have thus acquired powerful rhetorical focus for mobilization of victim and identity politics. With reference to racist violence in Oldham and elsewhere in Greater Manchester, we argue that in its application and construction, however, ‘hate crime’ is a complex phenomenon that might dramatize rather than regulate the problems it seeks to address. (shrink)

As universities are increasingly called by their national governments for a more entrepreneurial management of public research results, they started to develop internal structures and policies to take a proactive role in the commercialisation of university research. For the first time, this paper presents a detailed chronicle of how country-level reforms on Intellectual Property Rights were translated into organisation-level mechanisms to regulate university-patenting activity. The analysis is based on the complete list of patent policies issued between 1993 and 2009 by (...) the population of Italian universities. Our evidence suggests that universities first dealt with legislative changes on IPRs by enacting isomorphic behaviours, then by creating a community of practices, and finally by leveraging on such community to influence government reforms on IP-related matters. We discuss our results in the light of institutional theory and public policy. (shrink)

In developed economies, powerful legislative and regulatory frameworks, for people with disability over the last five decades, have provided major motivation for business compliance with disability in the workplaces. However, developing economy like India is marked by emergent disability legislation, weak institutional enforcement and an evolving disability rights movement. In the absence of strong institutional expectations, the private sector’s role in mainstreaming the disability agenda has been largely an act of voluntary participation. Drawing upon an in-depth, multilevel, cross-functional qualitative (...) study of four Indian information technology sector companies, this paper explores why these companies engage in pro-social corporate behaviour in favour of disability. The study locates itself in the context of conceptualization of PWD as employee stakeholders and the literature on strategic CSR. The findings reveal that strategic factors promote voluntary business engagement with disability at workplaces and contribute to understanding of workplace integration of minority employees. (shrink)

This paper examines the evolving pattern of gender diversity of the boards of directors of leading Norwegian and British companies on a longitudinal basis. The period covered by the study covers the run up to proposed affirmative action legislation in Norway and, as such, affords an insight into corporate actions in this emerging institutional context. The findings demonstrate that, while board diversity has grown substantially in both countries in recent years, it has done so considerably more rapidly in Norway than (...) in the United Kingdom. The analysis highlights the sectoral variation between the countries in the pattern and growth of board diversity and suggests that the vast majority of the overall growth in board diversity is the result of changing firm behaviour rather than sectoral shift in the United Kingdom or Norwegian economies. It is also shown that as diversity has increased there has been no fall in how experienced female directors are; neither is there evidence of a rise in the number of boards that female directors sit on. This suggests that the rapid growth in board diversity has been achieved without any fall in the quality of female directors. (shrink)

State policy in the field of law enforcement during the Khrushchev's period wasn't a stabile. The first wave of changes was associated with the abolition of some legislative acts of the Stalinist period, a significant softening of punitive line, narrowing of the scope of capital punishment, empowerment convicted people etc. On the one hand, these steps are partially rehabilitating the Soviet law enforcement. On the other hand, government actions were unreasoned and populist, designed for quick political effect. The next (...) wave of change was due to the spread of the idea of the gradual withering away of the state in terms of building a communist society. As a consequence of this ideology was the reduction of employees in the field of law enforcement and attracting a variety of civic organizations, labor groups and citizens to fulfill a variety of law enforcement functions (voluntary civil police, civil judges, civil assistant investigator, civilian prosecutors, civil lawyers, etc.). And finally, the soviet leadership made steps in the field of law enforcement toward stricter penalties for serious crimes, as well as expanding the scope of the death penalty. The country's leadership was actively intervened in the work of law enforcement. Communist Party took control the law enforcement agencies due to the appointment to senior positions along party lines and managing work of party members through the party cell. One of the major controversies of the time was mixing the steps to improve of law enforcement sphere (increased attention to the frames, structural changes, strengthening analytical work in the study of crime statistics), with a desire to demonstrate the advantages of the socialist way of life (which was manifested in the silencing of certain criminal manifestations, artificially lowering their significance by reducing the liability on them, outright ignoring problems and their causes, etc.). Contradictions were observed in the conduct of state punitive line too. On the one hand, it was a significant step up from the Stalinist penal system by expanding the rights of prisoners, procedural rules, which led to a softening of the repressive pressure on the population. On the other hand, the state retained its attitude to dissent; applying the new forms social exclusion of dissidents, for example, applying to them the impact of psychiatric measures. These moments hampered consolidation of the new format of normative behavior in the minds of ordinary citizens, and gave rise to "double standards", the imbalance between what is declared and what actually happened. (shrink)

This Chapter studies legislative initiatives around sustainable finance deriving from the Action Plan: Financing Sustainable Growth (also called ‘Sustainable Finance Action Plan’, ‘Action Plan’ henceforth), published by the European Commission (‘Commission’) in 2018 (Communication 2018/97). I evaluate various instruments proposed in the Action Plan, using a reflexive law approach coupled with insights from business ethics and epistemology (De Bruin, 2013, 2015). I point to the challenges such an approach encounters, and offer suggestions how to address them. Reflexive law approaches (...) to legislation (Farber 1994, Hess 1999, Orts 1994, Farmer & Teubner 1994) acknowledge the limits of law as an instrument to realize social or political goals, and stress the need to encourage self-reflection and transparency among stakeholders through procedural rather than ‘command-and-control’ legislation. Typical reflexive law instruments involve disclosure, reporting, and labelling. Examining the Action Plan, I show that the main legislative instruments it puts forward are reflexive. I use empirical and theoretical work that challenges the effectiveness of some of these instruments. Drawing on recent work from behavioural economics I suggest that these problems may be overcome once we integrate more fully in reflexive law what it means for people ‘reflectively’ to recruit evidence and gather knowledge, and once we appreciate the value knowledge has over and above mere belief. My argument here is not so much to the effect that more interventionist regulatory tools are needed (they are dearly needed, but that is not the point here). Rather I argue that once a regulator opts for a reflexive law approach, a richer notion of information should be deployed. I call this ‘epistemic’ instead of ‘reflexive’ law. The Chapter gives some background information about the Action Plan, introduces the core ideas of reflexive law, shows how the Action Plan is reflexive law par excellence, considers the challenges, and offers a few modest suggestions. (shrink)

Food labels legislated by the U.S. government have been designed to provide information to consumers. It has been asserted that the simple disclosures “produced using genetic engineering” on newly legislated U.S. food labels will send a signal that influences individual preferences rather than providing information. Vermont is the only US state to have experienced mandatory labeling of foods produced using genetic engineering via simple disclosures. Using a representative sample of adults who experienced Vermont’s mandatory GE labeling policy, we examined whether (...) GE labels were seen by consumers and whether the labels provided information or influenced preferences. Nearly one-third of respondents reported seeing a label. Higher income, younger consumers who search for information about GE were more likely to report seeing a label. We also estimated whether labels served as information cues that helped reveal consumer preferences through purchases, or whether labels served as a signal that influenced preferences and purchases. For 50.5% of consumers who saw a label, the label served as an information cue that revealed their preferences. For 13% of those who saw the label, the label influenced preferences and behavior. Overall, for 4% of the total sample, simple GE disclosures influenced preferences. For a slight majority of consumers who used a GE label, simple disclosures were an information signal and not a preference signal. Searching for GE information, classifying as female, older age and opposing GE in food production significantly increased the probability that GE labels served as an information source. Providing such disclosures to consumers may be the least complex and most transparent option for mandatory GE labeling. (shrink)

The development of legislation determining corporate behaviour is a fascinating topic, offering insight into the societal problems of corporate enterprise as they are related to their accounting, their administration, and their external reporting. In this paper the following specific implications for accounting are examined:– -Should accountants get involved in social auditing and are they the core persons in corporate social accounting systems? – -Should corporate social performance measurement and reporting become obligatory and to what extent? – -A general framework for (...) the implementation of corporate social accounting systems is suggested and quidelines for its auditing are proposed. – -A tentative set of social auditing standard is outlined together with its methodological accompaniments. (shrink)

For scholars, practitioners, and legislators concerned about sexual minority adolescents, one of the main goals is to create more positive and inclusive learning environments for this minority group. Numerous factors, such as repeated patterns of homophobic bullying by classmates and others in school, have been a significant barrier to achieving this goal. In addition, lesbian, gay, bisexual, transgender, and queer adolescents encounter substantial inequality across a broad spectrum of wellbeing and education consequences. Compared with their heterosexual counterparts, LGBTQ adolescents experience (...) more anxiety, depression, suicidal thoughts, antisocial behavior, poorer academic performance, less school attachment and protection, and a weaker desire to finish their studies. Such discrepancies based on gender and sexuality were linked to more maltreatment encountered by LGBTQ adolescents. It is crucial to recognize the backgrounds and expectations of LGBTQ adolescents to offer them the best resources. To overcome the inequality and obstacles faced by these LGBTQ adolescents, it is essential to examine tools and techniques that can be utilized. This study examined the literature that explains why society fails to provide enough support to LGBTQ students. Specifically, mechanisms explaining how LGBTQ adolescents interact with others in the learning environment and how such discrepancies arise will be examined. Following that, violence and prejudice, which are fundamental causes of psychological problems among LGBTQ adolescents, will be explored. This review paper thus provides supportive strategies for schools to develop more inclusive learning environments for LGBTQ adolescents. (shrink)

Man controls and dominates the habitat of most animals, both domestic and wild and there is a need for a pragmatic, workable approach to the problem of reconciling animal welfare with economic forces and the needs of man. It is the author's contention that much of the current philosophical discussion of animal welfare is misdirected now that it is possible to measure to some extent what animals think and feel and how much they can appreciate their quality of life. The (...) book deals with farm animals, pets, wild animals and laboratory animals and dicusses their environmental requirements, fear and stress, their response to pain, injury, disease and death, behaviour and aggression, and the implications of biotechnology and genetic engineering. Finally, the book tries to reconcile reverence for life with the inescapability of killing and reviews the prospects of preserving and enhancing quality of life for animals through legislations, education, economic and moral incentives. (shrink)

Understanding Eating Disorders is an original contribution to the field of healthcare ethics. It develops a new theory concerning the moral basis of eating disorders, and places such disorders for the first time at the centre of philosophical discourse. The book explores the relationship that people have with food and their own body by looking at genetics and neuro-physiology, sociology and family studies, clinical psychology and psychiatry, and frames abnormal eating at the extreme of a spectrum of normal behaviours, directed (...) by moral values. Giordano argues that abnormal eating is not a psycho-pathological phenomenon, but the coherent implementation of ordinary moral values with a long tradition in Western culture. The book also contains a detailed analysis of UK legislation, accompanied by a timely critique of the law on treatment of mental disorders in general and of eating disorders in particular. (shrink)

As it is currently understood, the notion of autonomy, both as something that belongs to human beings and human nature, as such, and also as the source or basis of morality , is bound up inextricably with the philosophy of Kant. The term “autonomy” itself derives from classical Greek, where it was applied primarily or even exclusively in a political context, to civic communities possessing independent legislative and self-governing authority. The term was taken up again in Renaissance and early (...) modern times with similar political applications, but was applied also in ecclesiastical disputes about the independence of reformed churches from the former authority in religious matters of the church of the Roman popes. Kant's innovation consisted in conceiving of individual rational persons, as such, as lawgivers or legislators to themselves, and to all rational beings , for their individual modes of behavior. For Kant, rational beings possess a power of legislating for themselves individually, according to which they each set their own personal ends and subject that selection, and their pursuit of the ends in question, to a universal principle, which is expressed in Kant's categorical imperative. The categorical imperative requires that one set one's own ends only within a framework that would warrant acceptance by all other such beings. (shrink)

This Second Edition of A New Environmental Ethics: The Next Millennium for Life on Earth offers clear, powerful, and often moving thoughts from Holmes Rolston III, one of the first and most respected philosophers to write on the environment and often called the "father of environmental ethics." Rolston surveys the full spectrum of approaches in the field of environmental ethics and offers critical assessments of contemporary academic accounts. He draws on a lifetime of research and experience to suggest an outlook, (...) and even hope, for the future. This forward-looking analysis, focused on the new millennium, will be a necessary complement to any balanced textbook or anthology in environmental ethics. The First Edition guaranteed "to put you in your place." Beyond that, the Second Edition, asks whether you want to live a "de-natured life on a de-natured planet." Key Updates in the Second Edition - Covers the worsening environmental situation due to actions of the Trump administration, including withdrawal from the Paris accord and from the U.N. Framework Convention on Climate Change - Includes information on legislation in key U.S. states aimed to ameliorate the damage done at the Federal level - Increases coverage of group knowledge, group agreement and disagreement, and group action in collective environmental ethics, as distinguished from individual knowledge and action - Examines the deleterious effects of online consumer behavior - Explains how a loss of solidarity among a nation's citizens and even a larger solidary among humanity leads to environmental degradation - Offers new analysis of the effects of epistemic bubbles, echo chambers, and fake news on the behavior of voters and consumers - Provides an extended critique of the Anthropocene Epoch, and the prospect of geo-engineering Earth to become a synthetic environment. (shrink)

In this paper we look at business ethics from a deontological perspective. We address the theory of ethical decision-making and deontological ethics for business executives and explore the concept of “moral duty” as transcending mere gain and profit maximization. Two real-world cases that focus on accounting fraud as the ethical conception. Through these cases, we show that while accounting fraud – from a consequentialist perspective – may appear to provide a quick solution to a pressing problem, longer term effects of (...) fraud and misconduct make ethical implications more apparent. Widely used compensation schemes also may have the tendency to fuel unethical behavior. We argue that an ethical reinvigoration of the business world can only be accomplished by encouraging the business realm to impose upon itself some measure of self-regulating along the lines of deontological ethics. Principles of deontology should guide executive decision-making particularly when executives are tempted to operate outside of codified legislation or are bound to act under judicial-free conditions. (shrink)

While information technologies present organizations with opportunities to become more competitive, unsettled social norms and lagging legislation guiding the use of these technologies present organizations and individuals with ethical dilemmas. This paper presents two studies investigating the relationship between intellectual property and privacy attitudes, Machiavellianism and Ethical Ideology, and working in R&D and computer literacy in the form of programming experience. In Study 1, Machiavellians believed it was more acceptable to ignore the intellectual property and privacy rights of others. Programmers (...) and R&D workers considered violating intellectual property rights more acceptable. Programmers did not consider violating privacy rights more acceptable, but R&D workers did. Finally, there was an interaction between Machiavellianism, programming and R&D. Machiavellians who also had programming experience or worked in R&D found violations of intellectual property much more acceptable. The effect of Machiavellianism on attitudes toward violations of privacy was enhanced by working in R&D, but not by programming experience. In Study 2, idealists believed it was less acceptable to ignore the intellectual property and privacy rights of others. Relativists found it more acceptable to violate intellectual property rights, though they did not consider it more acceptable to violate privacy rights. Those with programming experience were more accepting of intellectual property rights violations, but not of privacy violations. Finally, programming experience moderated the relationship between idealism, relativism and attitudes toward these unethical information practices. Implications for diminishing unethical behavior among Machiavellians, Relativists, programmers and those in R&D are discussed. (shrink)

According to the Dutch Ministry of Economic Affairs (2001), transparency by means of Sustainability Reporting should lead to better Corporate Social Responsibility (CSR) performance of companies. Sustainability Reporting should also give consumers the information they need to purchase the most sustainable products available (Dutch Ministry of Economic Affairs, 2004). This article analyses the driving factors influencing CSR and Sustainability Reporting at seven breweries in the Netherlands. It also gives a better understanding of organizational behaviour with reference to CSR and the (...) reasons breweries have for Sustainability Reporting. The Dutch government has no intention of forcing organizations to publish a sustainability report, since it is trying to diminish the volume of legislation. Rather, the government prefers to rely on the willingness and initiatives of organizations to make CSR a success. In 2006, the Dutch Ministry of Economic Affairs will evaluate the effect of its CSR policy. But is it a success already? During our research, breweries appeared to find CSR more important than Sustainability Reporting. Sustainability reporting is, for most breweries, not the way to reach stakeholders. Most stakeholders have their own means for receiving information e.g. annual reports, meetings, public statements and press releases. Although small breweries think CSR is very important, they feel no pressure from outside to publish a sustainability report. For them it is very complex and expensive to publish a sustainability report. Large breweries feel pressure from many stakeholders to be transparent, but not on a regular basis. We conclude from this research that CSR does not stimulate Sustainability Reporting, but neither does Sustainability Reporting stimulate CSR. (shrink)