This article discusses the manipulation and measurement of levels of situational self-focus, which is generally labeled ''self-awareness.'' A new scale was developed to quantify levels of public and private self-awareness. Five studies were conducted to assess the psychometric properties, reliability, and validity of the Situational Self-Awareness Scale (SSAS). The SSAS was found to have a reliable factor structure, to detect differences in public and private self-awareness produced by laboratory manipulations, and to be sensitive to changes in self-awareness within individuals over (...) time and across situations. The SSAS can be used as a manipulation check of laboratory self-awareness manipulations and as a means of assessing naturally occurring fluctuations in public and private self-awareness in order to clarify the relation between self-awareness and other variables (e.g., mood and memory). (shrink)

Wherever a government or state is concerned with the welfare of its citizens, there will probably also exist policies which compel the individual citizen to undertake or abstain from activities which affect that citizen alone. The set of theories behind such policies is collectively known as ‘paternalism’. It is not hard to understand why this term has developed strong pejorative overtones. Policies of this type appear to offend a fundamental tenet of liberal societies: namely, that the individual is best placed (...) to know what is in his or her interests. Paternalistic policies imply, and are concerned with correcting, failures of precisely this kind of judgement. And yet, at the same time, there is a popular consensus that compelling people to wear a seat belt when driving a car is a reasonable restriction of personal liberty. Paternalism may be difficult to accept in principle, but it is equally difficult to avoid in practice. Not surprisingly, the literature reveals a long heritage of debate in a wide range of academic disciplines. This debate reveals a failure to make progress in two areas in particular. First, analyses of paternalism often confuse policies which are actually concerned with correcting failures of market exchange — in particular, those concerned with insufficient or imperfect information — with those which are genuinely paternalistic. One objective of this paper will be to clarify the difference between these two kinds of policy. (shrink)

Most donated organs in the United States come from brain dead donors, while a small percentage come from patients who die in “controlled,” or expected, circumstances, typically after the family or surrogate makes a decision to withdraw life support. The number of organs available for transplant could be substantially if donations were permitted in “uncontrolled” circumstances–that is, from people who die unexpectedly, often outside the hospital. According to projections from the Institute of Medicine, establishing programs permitting “uncontrolled donation after circulatory (...) determination of death,” or uDCDD, throughout the United States has the potential to provide 22,000 more donation opportunities annually. In contrast, U.S. controlled donation after circulatory determination of death, or cDCDD, cases have increased progressively over the past decade from 87 to 848 donors, but currently account for only 10.6 percent of all deceased donors. Following the IOM recommendations, several projects exploring the feasibility of uDCDD were funded by the federal government, including a grant from the Health Resources and Services Administration that supported a pilot project in New York City in which the authors of this article participated.A key feature of our protocol, and indeed of many uDCDD protocols, is the initiation of preservation methods such as chest compressions and extracorporeal membrane oxygenation shortly after death in order to perfuse and preserve the donor's organs. Critics of uDCDD argue that the means of determining death deviates from generally ascribed principles. They assert that reinstituting circulation in order to preserve organs has the effect of “undoing” the prior determination of death. The result is that cDCDD is widely accepted and practiced routinely even though it only marginally increases the number of organs available for transplantation, and uDCDD is widely considered unacceptable despite being ethically embraced and proven to significantly increase organ donation opportunities in other countries. This article explores the evolution of this counterintuitive state of affairs and calls for a policy that, in line with the IOM report, allows for both cDCDD and uDCDD protocols. (shrink)

This paper examines the UK’s response to a recent European Clinical Trials Directive, namely the Department of Health, Central Office for Research Ethics Committee guidance, Governance Arrangements for NHS Research Ethics Committees. The revisions have been long awaited by researchers and research ethics committee members alike. They substantially reform the ethical review system in the UK. We examine the new arrangements and argue that though they go a long way toward addressing the uncertainty surrounding ethics committee function, the system (...) favours the facilitation of research over the protection of the dignity and welfare of research participants. (shrink)

This paper argues that social reporting can be an important form of New Governance regulation to achieve stakeholder accountability.Current social reporting practices, however, fall short of achieving stakeholder accountability and actually may work against it. By examining the success and failures of other transparency programs in the United States, we can identify key factors for ensuring the success of social reporting over the long term. These factors include increasing the benefits-to-costs ratios of both the users of the information and (...) the disclosers, and recognizing the importance of the involvement of third-party intermediaries. (shrink)

This paper argues that social reporting can be an important form of New Governance regulation to achieve stakeholder accountability.Current social reporting practices, however, fall short of achieving stakeholder accountability and actually may work against it. By examining the success and failures of other transparency programs in the United States, we can identify key factors for ensuring the success of social reporting over the long term. These factors include increasing the benefits-to-costs ratios of both the users of the information and (...) the disclosers, and recognizing the importance of the involvement of third-party intermediaries. (shrink)

With the 1989 eclipse of communist ideology and power in Central and Eastern Europe, the political order of democracy has, on the one hand, proved to be the superior way of organizing a society where in politics the pluralist interests of the people can be articulated and represented freely without fear of repression through competitive elections and otherwise, and where particularly through the operation of market mechanisms citizens are furnished with reasonably satisfactory economic circumstances to conduct their everyday lives. On (...) the other hand, quite different from what many contemporary observers had anticipated, liberal democracy has been subjected to closer and closer critical internal scrutiny, and with this also alternate conceptions of how to organize a democratic polity are now more than before a matter of debate and controversy. (shrink)

United States law recognizes adult reproductive liberty and many states view surrogacy services through that lens. During the COVID-19 pandemic in March, 2020, New York State enacted the Child–Pare...

Hannah Arendt argues that a revolution must not only tear down, but build up a new government. That new government needs authority and it gets its authority from its founding moment, when peers come together in mutual promise, agreeing to treat each other as equals and obeying laws which they legislate for themselves. The paper then looks at the recent attempts of the U.S. government and its allies to bring democracy to Iraq. The paper argues that given the dynamics necessary (...) at the founding moment, U.S. heavy-handedness in setting up Iraq's new government was counterproductive. Also, while the U.S., through subcontracting with Research Triangle Institute, hoped to give Iraq a pyramid-shaped local governance structure, its diversions from Arendt's model make its success unlikely. (shrink)

Drawing on various historical documents, the article uses process tracing methods and analytic narratives to establish a relationship between historical contractual practices and state formation in nineteenth-century East Africa. I trace the process through which local political leaders historically sought to secure monopolistic deals over trade with foreign entrepreneurs through incomplete contracts for tangible economic goods and intangible political goods or services. By showcasing agents’ bargaining strategies in contractual agreements, the article sheds light on notions of sovereignty and independence articulated (...) through public contracting in Africa’s political development. Historical understandings of notions of independence and sovereignty by procurement practitioners in East Africa provide seeds for thought in controversial debates about government outsourcing today. Is outsourced sovereignty always threatening? Can we outsource sovereignty and remain independent? These are perhaps the most important conceptual queries that make East Africa’s historical contractual experience pertinent today as new public-private partnerships for development, including government outsourcing, increasingly call for the use of private means to solve public problems in the developing countries. (shrink)

In this article I examine corporate social reporting as a form of New Governance regulation termed “democratic experimentalism.” Due to the challenges of regulating the behavior of corporations on issues related to sustainable economic development, New Governance regulation—which has a focus on decentralized, participatory, problem-solving-based approaches to regulation—is presented as an option to traditional command-and-control regulation. By examining the role of social reporting under a New Governance approach, I set out three necessary requirements for social reporting to (...) be effective: disclosure, dialogue with stakeholders, and the moral development of the corporation. I then assess current social reporting practices against these requirements and find significant problems. In response, I propose one option for solving those problems, and encourage future researchers to consider the demands of these three requirements and the possible trade-offs between them when attempting to find ways to improve social reporting practices. (shrink)

In this article I examine corporate social reporting as a form of New Governance regulation termed “democratic experimentalism.” Due to the challenges of regulating the behavior of corporations on issues related to sustainable economic development, New Governance regulation—which has a focus on decentralized, participatory, problem-solving-based approaches to regulation—is presented as an option to traditional command-and-control regulation. By examining the role of social reporting under a New Governance approach, I set out three necessary requirements for social reporting to (...) be effective: disclosure, dialogue with stakeholders, and the moral development of the corporation. I then assess current social reporting practices against these requirements and find significant problems. In response, I propose one option for solving those problems, and encourage future researchers to consider the demands of these three requirements and the possible trade-offs between them when attempting to find ways to improve social reporting practices. (shrink)

Developing countries need to reform legislation to ensure the global supply firms in ready-made garment industry is adequately addressing obligations of social responsibility. Literature typically focuses on strategies for raising responsible standards in global buying firms within the RMG industry, but fails to focus on implementing strategies for suppliers in developing countries. This article addresses this gap by specifically focusing on the RMG industry in Bangladesh, the home of the third largest RMG supplier in the world. It concentrates on analysing (...) how and to what extent the law can assist in developing social responsibility performance of the RMG manufacturing firms in developing countries. It ultimately concludes that a new governance approach in laws can effectively increase the social responsibility practice standards of an industry where global buying firms are profit-driven and governmental agencies are either inadequate or corrupt. (shrink)

Developing countries need to reform legislation to ensure the global supply firms in ready-made garment industry is adequately addressing obligations of social responsibility. Literature typically focuses on strategies for raising responsible standards in global buying firms within the RMG industry, but fails to focus on implementing strategies for suppliers in developing countries. This article addresses this gap by specifically focusing on the RMG industry in Bangladesh, the home of the third largest RMG supplier in the world. It concentrates on analysing (...) how and to what extent the law can assist in developing social responsibility performance of the RMG manufacturing firms in developing countries. It ultimately concludes that a new governance approach in laws can effectively increase the social responsibility practice standards of an industry where global buying firms are profit-driven and governmental agencies are either inadequate or corrupt. (shrink)

Individual athletes, coaches and sports teams seek continuously for ways to improve performance and accomplishment in elite competition. New techniques of performance analysis are a crucial part of the drive for athletic perfection. This paper discusses the ethical importance of one aspect of the future potential of performance analysis in sport, combining the field of biomedicine, sports engineering and nanotechnology in the form of ‘Nanobiosensors’. This innovative technology has the potential to revolutionise sport, enabling real time biological data to be (...) collected from athletes that can be electronically distributed. Enabling precise real time performance analysis is not without ethical problems. Arguments concerning data ownership and privacy; data confidentiality; and athlete welfare are presented alongside a discussion of the use of the Precautionary Principle in making ethical evaluations. We conclude, that although the future potential use of Nanobiosensors in sports analysis offers many potential benefits, there is also a fear that it could be abused at a sporting system level. Hence, it is essential for sporting bodies to consider the development of a robust ethically informed governance framework in advance of their proliferated use. (shrink)

This article builds on lessons from Denmark and the Nordic area to offer a novel and comprehensive logic of action within the emerging political economy that may be used to assess the possible new roles that unions can take on. The authors argue that unions are capable of “civilizing” globalization and current forms of governance by becoming responsible for pushing for a governance regime in a new and more egalitarian direction.

The role of corporate counsel in the corporate governance process has been long overlooked. This paper uses recent comments by Breeden as the springboard for a discussion of the issues surrounding significant roles for lawyers in corporations. It considers these both from a practical and a theoretical perspective and identifies why it is problematic merely to assume hiring lawyers will ensure good compliance both in terms of legal and ethical obligations.

This chapter approaches new modes of governance (NMG) with the task of clarity in mind. Its essential function will be first to map the dominant conceptions of NMG that frame existing institutional and academic discourse. Second function is to analyze the strengths and weaknesses of NMG as an alternative means of delivering European Union (EU) law and policy, and finally to consider the future prospects of NMG in a political context that both challenges and reinforces their institutional relevance. The (...) chapter also explores that the greatest obstacle to the inside view is the resolute failure of many NMG processes to display the features of bottom‐up and experimental rule which theorists like Charles Sabel and Jonathan Zeitlin attribute to them. Experimentalism's attractive normative conceptualization of NMG may be of limited use given its failure to describe adequately how new governance processes operate. (shrink)

After two generations of emphasis on governmental inefficiency and the need for deregulation, we now see growing interest in the possibility of constructive governance, alongside public calls for new, smarter regulation. Yet there is a real danger that regulatory reforms will be rooted in outdated ideas. As the financial crisis has shown, neither traditional market failure models nor public choice theory, by themselves, sufficiently inform or explain our current regulatory challenges. Regulatory studies, long neglected in an atmosphere focused on (...) deregulatory work, is in critical need of new models and theories that can guide effective policy-making. This interdisciplinary volume points the way toward the modernization of regulatory theory. Its essays by leading scholars move past predominant approaches, integrating the latest research about the interplay between human behavior, societal needs and regulatory institutions. The book concludes by setting out a potential research agenda for the social sciences. (shrink)

This article examines the governance of student life in university settings through an examination of discourses of wellness and resilience in the university sector, and in particular at the University of Toronto. Resilience, it is argued, is strategically deployed in ways that enjoin students to think positively about their experiences of university life so as to avert any experience of distress or disability. This is undertaken with the aim of producing a healthy and ‘well’ student body, but does little (...) to address inequalities amongst students, nor how such inequalities might be important in addressing student distress. Focusing on an analysis of the University of Toronto Student Life Programs and Services programs and publications, and in particular pamphlets and newsletters, such as Health & Wellness: Helping Students Make the Most of the University Experience (2009), it seeks to understand the role of resilience in the production of student life and the governance of the university experience. The purpose of this analysis is to examine the possibilities and limits of a new vocabulary of resilience (Seligman, 2009), which posits an expectation of suffering as a resource which can be drawn on in times of stress, and the “positive” disciplinary regimes this vocabulary enforces. This examination is carried out with the overall aim of disrupting unexamined relations to representations of institutional sites and services as resources, and to demonstrate how such representations rely on and reproduce notions of difference, disability and distress as difficulties to be both renounced and exploited. It is also to provoke greater recognition within social justice studies of how university health services texts such as the Health & Wellness pamphlet and newsletters directed at students strategically deploy notions of resilience to govern interpretations of resistance as illness, rather than emancipatory action. (shrink)

The importance of digital technologies for social and economic developments and a growing focus on data collection and privacy concerns have made the Internet a salient and visible issue in global politics. Recent developments have increased the awareness that the current approach of governments and business to the governance of the Internet and the adjacent technological spaces raises a host of ethical issues. The significance and challenges of the digital age have been further accentuated by a string of highly (...) exposed cases of surveillance and a growing concern about issues of privacy and the power of this new industry. This special issue explores what some have referred to as the “Internet-industrial complex”—the intersections between business, states, and other actors in the shaping, development, and governance of the Internet. (shrink)

"Critically engaging with some limitations of new materialist scholarship, Lemke draws on Foucault's concept of a "government of things" to propose a relational understanding of political ontologies"--.

This paper explores the conduct of performance appraisals of nurses in a New Zealand hospital, and how fairness is perceived in such appraisals. In the health sector, performance appraisals of medical staff play a key role in implementing clinical governance, which, in turn, is critical to containing health care costs and ensuring quality patient care. Effective appraisals depend on employees perceiving their own appraisals to be fair both in terms of procedure and interaction with their respective appraiser. We examine (...) qualitative data from interviews and focus groups, involving 22 nurses in a single department, to determine whether perceived injustices impact on the effective implementation of the appraisal system. Our results suggest that particular issues had been causing some sense of injustice, and most of these were procedural. Potential solutions focus on greater formalisation of the performance appraisal process, and more training for appraisers and appraisees. (shrink)

The article explores the perspectives of Foucault’s notion of government by linking it to the debate on the ‘new materialism’. Discussing Karen Barad’s critical reading of Foucault’s work on the body and power, it points to the idea of a ‘government of things’, which Foucault only briefly outlines in his lectures on governmentality. By stressing the ‘intrication of men and things’, this theoretical project makes it possible to arrive at a relational account of agency and ontology, going beyond the anthropocentric (...) limitations of Foucault’s work. This perspective also suggests an altered understanding of biopolitics. While Foucault’s earlier concept of biopolitics was limited to physical and biological existence, the idea of a ‘government of things’ takes into account the interrelatedness and entanglements of men and things, the natural and the artificial, the physical and the moral. Finally, the conceptual proposal of a ‘government of things’ helps to clarify theoretical ambiguities and unresolved tensions in new materialist scholarship and allows for a more materialist account of politics. (shrink)

Corporate governance and finance are dynamic academic fields that offer myriad opportunities for business ethics analysis. Within the corporate governance triad in recent years, shareholders have increased their power over boards of directors and executives through both regulation and movements to change corporate by-laws. The impact of board characteristics on firm performance has proven elusive, leading to questions concerning board processes and individual director beliefs and behaviors. At the same time, CEOs have lost considerable power, leaving many struggling (...) to regain their control and maintain their compensation levels, while others adopt a stewardship approach to their posts. In the field of finance, the recent financial debacle has led to a reexamination of financial regulation and of the fundamental nature and purpose of the industry. All of these issues provide business ethicists fodder for investigation and analysis. (shrink)

The article proceeds from the concept of understanding local government in Russia as a projection of the potestar (pre-state) organization of public life, which transforms under the dominance of methods of state organization of public life, but retains its influence as the essential core of political and social interaction between people. The existing complex «state-municipal» mechanism for exercising power at the local level largely determines the forms and nature of political actors’ interaction at the regional level. State authorities, which are (...) focused on the totality of their own administrative influences, have not yet succeeded in fully integrating local self-government into the general public space of responsibility for powers, since local power is unbuilt initially on the principles of autogenesis, autochthony and autonomy. The current situation contributes to the archaicism of a part of social relations. For some time now, to work in the multidimensional reality of society, the authorities have begun to need analytical models to understand what is happening. As an explanatory theoretical basis for the modes of existence of local authorities developed and described by the author in the current stage of development of Russian statehood, a modal methodology is used, supplemented by the results of constructing model-oriented political ontologies, which reflect the aggregates of the layers and actors of the municipal sphere of sociopolitical reality at the regional level that are actually and actively present in the Russian society. The author is interested in searching the patterns that operate in the environment created and cultivated by the organizational and activity efforts of state structures against the background of sociocultural and other characteristics inherent in the regions. Possible working models for the needs of public administration arising from the modes offered by the author are still under development, since the reform of constitutional rules proposed by the country’s leadership raises the question of new forms of organizing the continuum of coexistence and interaction of local and state authorities in Russia. The article outlines the main research lines that indicate a number of features and reference points of the author’s approach in understanding the relationship between local government and municipal government, which may serve as an occasion for a new circle of discussions of specialists interested in the prospects for the development of political potential in the Russian municipal environment. (shrink)

As public administrations adopt artificial intelligence (AI), we see this transition has the potential to transform public service and public policies, by offering a rapid turnaround on decision making and service delivery. However, a recent series of criticisms have pointed to problematic aspects of mainstreaming AI systems in public administration, noting troubled outcomes in terms of justice and values. The argument supplied here is that any public administration adopting AI systems must consider and address ambiguities and uncertainties surrounding two key (...) dimensions: the algorithms’ results, and how public managers make decisions for and about AI systems’ design. The article is based on bibliographic research in institutional theory perspective that relates the design of AI systems and relevant literature on the decision-making process in public policy. The main finding is to explain why autonomous decision systems continue to reproduce ambiguities and uncertainties when applied in public administration and propose a reflection on AI governance in public administration. This article points to the need for design institutions that immerse themselves in understanding the nuances, details, and potential outcomes of AI governance for public administration. Such institutions would reconcile consequentialist logic with a logic of appropriateness to help navigate and mediate ambiguities and uncertainties. (shrink)

This book argues that political libertarianism can be grounded in widely shared, everyday moral beliefs--particularly in strictures against shifting our burdens onto others. It also seeks to connect these philosophical arguments with related work in economics, history, and politics for a wide-ranging discussion of political economy.

The purpose of this paper is to examine the effect of corporate governance practices of small cap companies have had on their financial performances. Previous studies have mainly examined governance practices of larger corporations. This analysis focuses on the governance variables that have been highlighted by the New Zealand Securities Commission governance principles and guidelines and also on the governance variables that are supported in the literature as providing an appropriate structure for the firm in (...) the environment in which it operates. The data for 71 small cap companies listed in New Zealand over a five-year period from 2001 to 2005 was analysed. Pooled data, OLS and 2SLS regression techniques were used and Tobin's Q, ROA and OPINC were used as the dependent variables. The evidence does support the hypothesis that the existence of board independence and audit committee has enhanced firm financial performance, as measured by Tobin's Q. (shrink)

Final Report on Phase 1 of the New Zealand Law Foundation’s Artificial Intelligence and Law in New Zealand Project.

ABSTRACT:The UN Framework on Human Rights and Business comprises the State’s duty to protect human rights, the corporate responsibility to respect human rights, and the duty to remedy abuses. This paper focuses on the corporate responsibility to respect. It considers how to overcome obstacles, arising out of national and international law, to the development of a legally binding corporate duty to respect human rights. It is argued that the notion of human rights due diligence will lead to the creation of (...) binding legal duties and that principles of corporate and tort law can be adapted to this end. Furthermore, recent legal developments accept an “enlightened shareholder value” approach allowing corporate managers to consider human rights issues when making decisions. The responsibility to respect involves adaptation of shareholder based corporate governance towards a more stakeholder oriented approach and could lead to the development of a new, stakeholder based, corporate model. (shrink)

Bridoux and Stoelhorst (2022) employ Nobel laureate Elinor Ostrom’s institutional design principles to develop two models of stakeholder governance. They argue that these “community governance” models will help achieve a fairer distribution of stakeholder value compared with approaches that centralize governance in the hands of management. We identify four characteristics, however, that thwart any straightforward application of these community governance models to business firms: ease of exit; lack of legacy social capital; heterogeneity of interests; and power (...) imbalances. We then conclude, following Ostrom herself, that governance often requires external institutional arrangements that stakeholder theorists have not fully appreciated. (shrink)

When we talk about globalization, we tend to focus on its social and economic benefits. In Governance in the New Global Disorder, the political philosopher Daniel Innerarity considers its unsettling and largely unacknowledged consequences. The "opening" of different societies to new ideas, products, and forms of prosperity has introduced a persistent uncertainty, or disorder, into everyday life. Multinational corporations have weakened sovereignty. We no longer know who is in control or who is responsible. Economies can collapse without sufficient warning, (...) and the effort to rebuild can drag on for years. Piracy is everywhere. Is there any way to balance the interests of state, marketplace, and society in this new construct of power? Since national economies have become deterritorialized and political interdependencies aggravate our common vulnerabilities, Innerarity contends that there is no other solution except to move toward global governance and a denationalization of justice. Globalization tries to unify the world through technologies, the economy, and cultural products and styles, but it cannot articulate or regulate political and legal equivalents. Everyone faces the same risks to their security, food supply, health, financial stability, and environment, and these risks demand a new global politics of humanity. In her foreword, the sociologist Saskia Sassen isolates the key takeaways from Innerarity's argument and the solutions they present to growing global tensions. (shrink)