Collective labour disputes are inevitably related to the institutes of a dispute, since the employees and employers often fail to reach a consensus on a particular issue. Moreover, the employers do not always follow the agreed terms and conditions of the collective agreement. In order to disclose the problems of the settlement of collective labour disputes in Lithuania, it is necessary to analyse the conception and classification of the institutes of dispute, distinguishing the (...) conception of collective labour disputes, the procedure of settlement of such disputes, and possible methods of settlement with the emphasis on the institutes of a strike. This article also seeks to reveal the peculiarities of the cases that settle individual labour disputes, the subject of which at least partially includes the provisions of the collective agreement, and collective labour disputes regarding the legality of strike. (shrink)

A vast amount of empirical research has been compiled on labor laws yet more is called for in view of the rapid changes occurring in this field. This article discusses the attempts to individualize the relationship, as well as make labor markets more flexible. A sociological perspective on the post-war situation viewed the industrial system as stable and self-adjusting. The article emphasizes the emergence of new data sources and methods and considers the role of theory in shaping the empirical research (...) agenda. Labor legislations only provide the structure within which collective bargaining would occur, while abstaining from directly influencing the outcome. This article reviews the state of the art on a number of substantive issues: the law governing collective labor relations; minimum wage laws; employment protection legislation; the operation of labor courts and alternative dispute resolution mechanisms; and the relationship between labor law and corporate governance systems. (shrink)

Temporary labor migration constitutes a significant trend of migration movements within the European Union, especially after the 2004 and 2007 EU enlargements. However, compared to other forms of TLM, intra-EU TLM has received scant attention from normative theorists. By drawing on Iris Marion Young's conception of structural injustice, this article analyzes the injustice of TLM within the EU. It argues that purely rights-based approaches are deficient and that a structural injustice approach is needed. The latter sheds light on the formal (...) and informal processes that place EU temporary migrants in a condition of vulnerability and reveals the multiple individual and collective agents participating in such processes. Moreover, such an approach offers important insights into the agency of migrants by showing how they themselves reinforce structural processes that put not only individual temporary migrants but also similarly positioned migrants and other members of the sending and receiving countries in a vulnerable position. A structural injustice approach does not deny that intra-EU temporary labor migrants should enjoy the rights and entitlements that they currently have in the host country as European citizens. Nor does it dispute that reducing the vulnerability of temporary migrants may require “special rights” accommodating the specific nature of their life plans. Instead, though such rights may be necessary, a structural injustice approach demonstrates how they are insufficient to tackle the injustice of intra-EU TLM and other forms of temporary labor migration more broadly. (shrink)

The constitution of Pakistan contains wide range of provisions for the protection of labour rights. Pakistan has been bestowed with 70 labour laws along with 90 rules and regulations thereunder. In spite of these labour laws along with rules and regulations, labour force is facing multifarious challenges that posit direct threat to their legal recognised rights. In this regard this study was carried out to study the main hurdles that labour rights encountered in historical perspective. (...) Moreover, in the wake of devolution plan through 18th amendment to the constitution of Pakistan, what problems in respect of enforceability and legality have arisen? Labour laws promulgated in various Pakistani regimes have been discussed to figure out what really prevented successive governments to ensure minimum protection to labour strata of the nations. The article concludes with some recommendation that are sin-qua-non in current globalization where rights have emerged as the most sacred instruments in the hands of weaker portion of a society. (shrink)

This article explores the tension between competing discourses within the European Union, as this regional trading bloc seeks to capture further gains from market integration, whilst simultaneously attempting to soften the social impact of regional competition within its borders. This article analyzes the difficulty of maintaining the European social model, or a revised version of it, in the context of increased market integration. Through a close reading of two cases decided by the European Court of Justice in 2007, the article (...) interrogates the extent to which discourses on social rights at the EU level can be made sufficiently robust to ensure the application of international or national labor standards as a buttress against increasingly mobile capital, in order to prevent “social dumping." It concludes, however, that the terms on which the foundational texts of the EU integration project operate—elevating “market" rights to equal, fundamental, status with social and labor rights—means that the exercise of social rights such as the right to strike is ultimately contingent on their compatibility with market integration. (shrink)

Recent labor disputes between registered nurses and hospitals in Minnesota, California, and Pennsylvania raise moral questions about nurses’ professional obligations, nurses’ right to collectively bargain to preserve or improve wages, benefits, and working conditions, and patients’ right to medical care. Deontology and consequentialism focus too narrowly on nurses and patients, and thus ignore the nature of the healthcare community as a system of competing interests. When considered in this context, nurses’ strikes are shown to be consistent with this system (...) of competing interests, and thus are morally permissible. (shrink)

The term “industrial action” includes any noncooperation with management, such as strict “working to rule,” refusal of certain duties, going slow, and ultimately withdrawal of labor. The latter form of action, striking, has posed particular problems for professional ethics, especially in those professions that provide healthcare, because of the potential impact on patients' well-being. Examination of the issues, however, displays a difference in response between the healthcare professions, in particular between doctors and nurses. In considering the ethics of industrial (especially (...) strike) action there are various aspects of professional ethics to consider: (1) whether there is a tension between industrial action and the very notion of professional ethics; (2) what specific issues arise in the case of healthcare professions; (3) what, if anything, can explain and/or justify different responses from the medical and nursing professions? (shrink)

Straipsnyje nagrinėjamas Lietuvos Respublikos darbo ginčų instituto reformavimas ir kaita Nepriklausomybės laikotarpiu atskirų Europos Sąjungos valstybių patirties kontekste. Darbo ginčų reforma Lietuvoje minimu laikotarpiu vyko keliais etapais, iš jų paskutinysis, prasidėjęs 2013 m. sausio 1 d., pakeitė darbo ginčų komisijų organizavimo tvarką, šias komisijas pradėjus kurti teritoriniu principu, prie veikiančių Valstybinės darbo inspekcijos teritorinių padalinių, nustačius, kad į darbo ginčų komisiją su skundu gali kreiptis ne tik darbuotojas, bet ir darbdavys, įvedus kitas naujoves. Tačiau šie pokyčiai vis dar neatspindi europinių (...) tendencijų, kiek įmanoma mažiau institucionalizuoti ikiteisminę individulių darbo ginčų nagrinėjimo tvarką. Straipsnyje akcentuojama mintis, jog darbo ginčų instituto reforma laikytina nebaigta ir, tikėtina, bus tęsiama, remiantis pažangiausia kai kurių ES valstybių praktika šioje srityje, tačiau išlaikant nacionalinį teisinio reguliavimo ypatumą. (shrink)

In this paper I argue that the poker analogy is unsuitable as a model for collective bargaining negotiations. Using the poker game analogy is imprudent, its use undermines trust and ignores the cooperative features of business, and its use fails to take into account the values of dignity and fairness which should characterize labor-management negotiations. I propose and defend a model of ideal family decision-making as a superior model to the poker game.

This article considers the relationship between the interests of individual litigants and the facilitation of doctrine for the collective good. More specifically, it examines the extent to which the policy and rules governing the management of civil litigation reflect a genuine commitment to the development of the common law. It is argued that litigation models in England send out conflicting messages about the commitment our society has to nurturing precedents and that we remain ambivalent about whether resources should be (...) directed to identifying cases with precedent-setting potential. Contrary to recent policy statements that encourage disputants to resolve issues in private forums such as mediation, this article concludes that the time is ripe to turn our attention to the equally important issue of how to ensure that certain types of cases reach a public forum. (shrink)

Simone Weil’s political thought on labour and political community by comparing it with that of liberal and republican thinkers. Her consideration of the human need for private property and on the way that labouring produces a feeling of belonging resonates with the liberal political thought of John Locke. Locke’s thought emphasizes labour’s capacity to transform land held in common into private property and the need for political community to protect individual property rights. Weil, however, emphasizes labour’s capacity (...) to transform individuals by increasing their sensitivity to the world and capacity to attend to the needs of others. Further, the purpose of political community for Weil is to nurture human spiritual needs, including a sense of obligation to others, more than the protection of individual rights. If as C.B. Macpherson argues, liberal political thought is based on possessive individualism, then Weil’s is based on an attentive individualism. Her critique of the language of rights brings her close to a strand of republican thinking, found in Karl Marx and Hannah Arendt, which values the activation and development of human capacities through participation in political community. While Weil affirms the vital necessity of collectivity for human flourishing, she maintains a critical concern with the overvaluation of the collective in relation to the individual. In significant respects, Weil’s political thought is neither liberal nor republican and as such enables us opportunities for critical and creative reimagining of inherited political ideologies. (shrink)

The financial crisis of 2007–2008 and the COVID-19 pandemic have caused many enterprises to suffer great losses. Thus, companies have to take measures such as pays cut, furloughs, or layoffs, which caused dissatisfaction among employees and triggered labor disputes. Therefore, this study explores the service-oriented organizational citizenship behavior based on the decomposed theory of planned behavior in order to understand the behavioral intentions of employees through their mental states, job attitudes, subjective norms, and perceived behavioral control. This study conducted (...) questionnaire surveys for employees in different industries, collected 281 valid questionnaires, and applied Structural Equation Model for the analysis. The results show: employees believe organizational justice in the organization is important, and when they feel treated fairly, their job attitudes and beliefs are enhanced. Employees’ job attitudes and beliefs support service-oriented organizational citizenship behavior, in other words, they have positive job attitudes and beliefs and will actively provide better service to customers. When employees are treated reasonably and fairly by the organization and have positive job attitudes and perceived behavior control, their spontaneous service-oriented organizational citizenship behavior is stimulated, thus increasing organizational development. (shrink)

Our article relocates the debate about creative labour to the terrain of peer-to-peer interneting as the paradigmatic form of nonmarket – social – production. From Yann Moulier Boutang we take the point that creative labour is immaterial; it is expressed through people connected by the internet. Drawing on two social systems thinkers, Francis Heylighen and Wolfgang Hofkirchner, we transpose this connectedness up to a conception of creative labour as a supra-individual collective intelligence. This intelligence, we argue, (...) is one of the internet’s emergent properties. We then present a model of internet development that flags the potential of digitally-evoked collective intelligence to facilitate what the Marxist philosopher George Caffentzis calls ‘postcapitalist commoning’. Yoking together systems theorizing about the internet and socialist envisioning of social transformation, we identify two sets of internet tools for coordination that can assist with the convivial reconstruction of society along the lines of peer-based production. (shrink)

Marx developed a sophisticated theory of labour under capitalism’s expanding reproduction but wrote little specifically on immaterial labour. This paper reflects on how to build from Marx’s writings a more comprehensive theory of immaterial labour. Integral to this theorisation is bringing in young Marx’s writings on alienation and human nature, and praxis read as the ‘point of knowledge is to change the world’. Integrating the young and mature work into a single perspective that highlights the actively causal (...) dimension of human creativity and knowledge for the making of history critically adds to and thereby transforms the naturalism and structural determinism of orthodox readings of Marx’s Marxism. We relate this theorisation specifically to the project of liberating academic labour from the shackles of its neoliberal containment by making ‘knowledge socialism’. (shrink)

In this paper I explain the present adversarial collective bargaining process (ACB) and then critique it on legal and ethical grounds. A new methodology, that I describe as the collaborative collective bargaining process (CCB), will then be explained and similarly critiqued. I argue that replacing the present ACB model with the CCB model will result in better long-term results for all parties concerned. This is because the ACB model is comparable, in many respects, to the adversarial process used (...) in court litigation. It is a combat model based on power. ACB makes the battle lines clear, and it grants victory to the more convincing display of power, but it leaves casualties. Indeed it cannot operate except upon the casualties of the opposing party, and those casualties are the basis for ever-renewed combat. Tactics employed in ACB to achieve victory include deception, lying and the abandonment of truth as a moral value. I argue that, in sharp contrast, CCB can foster an environment which encourages candor and truthfulness. By following the CCB model, the parties can avoid the negative and self-defeating elements of ACB and can work together toward mutually beneficial goals by the use of an ethically defensible approach to labor negotiations. (shrink)

This paper argues that the vast inequalities in access to migration opportunities and treatment of migrants constitute a structural injustice, and that although states are clearly the most powerful agents in migration injustices, individuals also bear a personal responsibility to ameliorate these injustices. The argument builds on Young's theory of structural injustice and critically applies it to labour migration. The paper argues that wealthy migrants and citizens who benefit from migrant labour have a responsibility to contribute towards ameliorating (...) migration injustice on account of their position of privilege, whereas disadvantaged migrants have a responsibility due to their interest in changing their situation. It then considers how people might discharge such an obligation through collective political action, pointing in particular to non‐governmental organizations, labour unions, and local government. Finally, the paper addresses the objections that positing personal responsibility for labour migration is overly demanding and that the current labour migration regime is meritocratic and fair. The article concludes by showing how this sort of stance can be seen as interest‐driven by privileged groups and argues for the role of disruptive politics in overcoming it. (shrink)

My commentary calls attention to what makes Mr. Bowie's paper well worth intensive consideration. In my brief evaluation, however, I only lay out three incoherent elements of his proposed family model of labor-management relations.I argue that complete job security is not compatible with complete freedom to change firms; that, in practice, such security for all employees is not compatible with the shifting demand of our economic system, and that the model includes two kinds of spouse relationships — one affectional and (...) another competitive — that are incoherent with one another. My point is not that Mr. Bowie's model is fatally flawed, but that it needs to be improved. (shrink)

Theoria, Volume 87, Issue 5, Page 1153-1174, October 2021.

Purpose Underlying much recent development in data science and artificial intelligence (AI) is a dependence on the labour of precarious crowdworkers via platforms such as Amazon Mechanical Turk. These platforms have been widely critiqued for their exploitative labour relations, and over recent years, there have been various efforts by academic researchers to develop interventions aimed at improving labour conditions. The aim of this paper is to explore US-based crowdworkers’ views on two proposed interventions: a browser plugin that (...) detects automated quality control “Gold Question” (GQ) checks and a proposal for a crowdworker co-operative. Design/methodology/approach The authors interviewed 20 US-based crowdworkers and undertook a thematic analysis of collected data. Findings The findings indicate that US-based crowdworkers tend to have negative and mixed feelings about the GQ detector, but were more enthusiastic about the crowdworker co-operative. Originality/value Drawing on theories of precarious labour, this study suggests an explanation for the findings based on US-based workers’ objective and subjective experiences of precarity. The authors argue that for US-based crowdworkers “constructive” interventions such as a crowdworker co-operative have more potential to improve labour conditions. (shrink)

This Article explores how managerial prerogative shapes disputes over employment classification and reveals a neglected but prominent feature in legal arguments about platform worker rights—the disputed relevance of a platform’s intellectual property rights. In classification disputes, instead of denying that it has a right to control how others perform services for it, the company often concedes its employer-like authority but offers an alternative rationale: managerial prerogative. The company argues, and judges often agree, that its labor control is not (...) the exercise of employer authority but instead reflects a prerogative of enterprise ownership, like a right to protect property and determine product lines. Thus, managerial prerogative both explains labor control and exempts that control from the statutory duties that would otherwise attach under the legal tests. Platform companies appear to have taken notice of such cases and designed their work relationships around property-based rationales. For instance, Uber uses a software “license” in which drivers agree to Uber’s authority as a condition for accessing the app. The license depicts the terms upon which drivers must affirmatively cooperate with Uber to produce transportation as simply the negative duties not to interfere with Uber’s intellectual property. The Article concludes that we must reject appeals to managerial prerogative in employment classification disputes. To assume that a property-based rationale for labor control is inconsistent with employment is to misunderstand the legal basis of employment and the purpose of statutory labor law. The appeals also rely on dubious economic assumptions and conflate property rights with agreements about the use of property. (shrink)

In Latin America, rights to local political participation in many indigenous communities are not simply granted, but rather “earned” through acts of labor for the community. This is the case in the state of Oaxaca, Mexico, where almost three-fourths of municipalities elect municipal authorities through custom and tradition rather than secret ballot and universal suffrage. The alarmingly low rate of women’s formal participation in these municipalities has garnered attention from policymakers, provoking a series of legislative reforms designed to increase women’s (...) roles in local politics. However, these initiatives often miss their mark. Focused on a liberal model of women as individual rights-bearers, they fail to understand the complex ways in which gendered labor influences political participation in nonliberal contexts. This article examines a case in which indigenous women reject such an initiative because it would exacerbate their exploitation within the local terms of gendered collective labor instead of promoting equality. It thus explains potential barriers to indigenous women’s political leadership at the local level and suggests ways in which gender equality can be promoted in nonliberal contexts. (shrink)

The Lithuanian success of implementing international obligation in order to encourage the regulation of labour relations by means of collective agreements is analyzed in this article. It is emphasized that development of social partnership is too slow, coverage of regulation of labour relations by means of collective agreement also is low-level and collective agreements basically are made at the plant level. It is noticed that, because of the need to find a suitable balance between implementing (...) the international obligation to encourage regulation of labour relations by means of collective agreements, and the necessity to undermine the raison d’être of the regulation by means of collective agreements itself, as the process, where attitudes of social partners has to be harmonised at maximum, the state has limited scope to influence the process of making collective agreements. (shrink)

This paper investigates the influence of family control on the quality of labor relations. Using French workplace-level data, we find that family firms experience less frequent and less intense labor conflicts. Moreover, family involvement tends to offset the negative effect of labor disputes on corporate performance. We examine whether specific family patterns are conducive to better labor relations. We distinguish active from passive family control, eponymous from non-eponymous family businesses, and break down family firms into founder-controlled and descendant-controlled companies. (...) It appears that the benefits of family control are not attributable to a given type of family firm. These findings suggest that peaceful labor relationships are a peculiar attribute that families generally bring to corporations and extend our understanding of the “family effect” on organizational performance. (shrink)

In componential analysis, word meanings are (partly) decomposed into other meanings, and semantic and syntactic markers. Although a theory of word meaning based on such semantic decompositions remains compatible with the linguistic labor division thesis, it is not compatible with Kripke/Putnam-style indexical externalism. Instead of abandoning indexical externalism, a Separation Thesis is defended according to which lexical meaning need not enter the truth-conditional content of an utterance. Lexical meaning reflects beliefs about word meaning shared in a speaker community, and these (...) may rest on possibly erroneous world-level theories. It is argued that this type of lexical meaning is indispensable for explaining word composition processes and the rationality of metalinguistic disputes. (shrink)

The practice of early modern natural history depended on the collective collecting activities of a great variety of people. Among them, artisans played a major role in acquiring and distributing knowledge about the natural world and they contributed significantly to the scholarly labour in natural history. This distributed labour was both acknowledged by contemporaries as well as hidden from sight, reflecting the period′s dominant norms for class and gender. By combining an interpretation of the visual representation of (...) labour in European insect studies with an examination of written sources about natural history practices from about 1680 to 1810, this article decodes the often‐codified frontispieces and other more symbolic illustrations to offer new insights into the labour of natural history. Those who identified as scholars and artisans (or both) conceptualised their own intellectual and practical engagement with natural history within the semantic field of work. Some seemed to have even envisioned a new social role for academics as well as artisans. This article analyses the diversity of the “productive forces” in insect studies as they changed over time and it reconstructs what I will call the social imaginaries of participation. (shrink)

Land is a constitutional issue in Ethiopia. Article 40 of the FDRE constitution enshrines governing provisions about rural and urban land. Legislation power is given to the federal government (Article 51(5) of the constitution) although this power can be delegated to regions (Article 50(9) of the same constitution). In contrast, administration power is allocated to regions (Article 52 (2(d)) of the constitution). The federal government has enacted the Rural Land Administration and Use Proclamation 456/2005. Both federal and regional land laws (...) have Alternative Dispute Resolution clauses. However, the opportunities and challenges of these clauses from the access to justice perspective are not studied very well. The main objective of this paper is to assess the legal framework and practice of ADR mechanisms in the rural land administration system from the access to justice perspective and come up with a policy option. Doctrinal type of legal research is applied where it involves theory testing which deals with studying existing laws (both federal and regional laws). In addition, both primary and secondary sources have been used. Primary qualitative data was collected through semi-structured interviews. The study found that there are legal constraints. One significant legal constraint is the requirement for mandatory mediation in certain regional states before seeking recourse in a court of law. Mediation is not clearly and uniformly applied per the law and in practice (often the practice and legal framework confuse mediation with arbitration, inappropriately giving decision-making powers to mediators, and turning them into arbiters). Women and Vulnerable Groups are generally more negatively affected by the overreaching of mediators into decision-making, because the mediators are more easily influenced by the party opposing women and Vulnerable Groups, and/or the mediators are culturally biased. This study recommends that mediation should be made optional, where mediators are chosen by the parties and the legal framework is clear that the role of the mediators does not involve imposing decisions. For Oromia and SNNPR, the legal regime of mediation should be clarified to avoid confusion with the arbitration. It is necessary to train community-level mediators in the law and the protection of land rights of Vulnerable Groups against gender discrimination. (shrink)

The Anthropocene has become an umbrella term for the disastrous transgression of ecological safety boundaries by human societies. The impact of this new reality is yet to be fully registered by political theorists. In an attempt to recalibrate the categories of political thought, this article brings Hannah Arendt’s framework of The Human Condition into the gravitational pull of the Anthropocene and current knowledge about the Earth System. It elaborates the historical emergence of our capacity to “act in the mode of (...) laboring” during fossil-fueled capitalist modernity, a form of agency relating to our collectively organized laboring processes reminiscent of the capacity of modern sciences to “act into nature” discussed by Arendt. I argue that once read from an energy/ecology-centric perspective, The Human Condition can help us make sense of the Anthropocene predicament, and rethink the modes of collectively organizing the activities of labor, work, and action. (shrink)

Nurses are the closest healthcare providers to patients and emotional labor is the most invisible part of nursing work. However, the management of emotions to promote organizational goals and to ensure patient satisfaction may have both positive and negative impacts on nurses' working life. The purpose of this cross‐sectional, descriptive study was to examine the emotional labor behaviors of nurses and their opinions on emotional labor. Two hundred nineteen nurses working at public hospitals in Ankara between September and December 2018 (...) participated to this study. Data were collected using the sociodemographic characteristics form and “The Scale of Emotional Labor Behavior for Nurses.” Nurses had higher scores on the deep and sincere emotional acting subdimensions of the emotional labor scale than the surface acting subdimension. Findings suggest that nurses act deeply and intimately, instead of surface acting. Most of the nurses expressed that nurses were emotionally affected when caring for patients; however, nurses had to control their feelings toward patients and behave professionally to meet the expectations of their managers, which may lead to an implicit emotional dissonance. Based on the results of this study, we suggest to support nurses emotionally and to incorporate the topic of emotional labor into educational programs. (shrink)

It is said we live in a second Gilded Age, which makes our understanding of the first all the more relevant. Rosanne Currarino’sThe Labor Question in Americamakes the bold claim that, far from being a period of defeat for the Left, the original Gilded Age saw an expansion of democratic citizenship. A group of economists, social reformers and labour organisers transformed our understanding of political participation from the earlier, producerist to a more modern, consumerist ideal of social inclusion and (...) collective agency. However, on her own telling, Currarino’s ‘expansion’ comes across more as a ‘substitution’. Some workers gained in wages what they lost in control of the means of production. Though Currarino fairly identifies the utopian aspirations underlying the demand for higher levels of consumption, her narrative relies on an overly rigid distinction between production and consumption, missing out on the way in which consumption came to be defined in ways that assumed the workplace would be a site of submission. Finally,The Labor Questionfails to include, as parts of its narrative, the extraordinary violence that marked struggles over the labour question. In this context, the shift from ‘producerist’ emphases on worker control to ‘consumerist’ views of economic citizenship look more like an ideological displacement than they do a progressive expansion of democracy. (shrink)

In 1980 L. M. de Rijk edited some texts connected with medieval disputation ( Die mittelaterlichen Traktate De modo opponendi et respondendi ), towards which he showed a strikingly contemptuous attitude. The reason for his contempt was that the treatises did not fit the obligationes and sophismata tradition. In this article I focus on the original version, the Thesaurus Philosophorum , to highlight the distinction of this family of treatises with respect to the “modern“ tradition. First, I study the features (...) of the disputation that can be recognised through the collection of fallacious arguments contained in the Thesaurus . Second, I briefly examine the contents of the treatise and their arrangement, showing that they are closely related to the kind of disputation in question. I hope to support the idea that neither the technique of disputation nor the contents and their arrangement deserve a straightforward rejection. (shrink)

Dung’s argumentation frameworks have been applied for over twenty years to the analysis of argument justification. This representation focuses on arguments and the attacks among them, abstracting away from other features like the internal structure of arguments, the nature of utterers, the specifics of the attack relation, etc. The model is highly attractive because it reduces most of the complexities involved in argumentation processes. It can be applied to different settings, like the argument evaluation of an individual agent or the (...) case of dialectic disputes between two agents (pro and con), or even in multi-agent collective argumentation. The latter case involves agents with possibly different arguments and/or opinions on how to evaluate them, leading to the possibility of considering multiple sets of arguments and attack relations. Two basic questions can be asked here, namely ‘what to aggregate’ and ‘how to aggregate’. The former concerns what kinds of entities do the agents intend to choose (arguments, attacks, assessments, etc.), while the second one focuses on which aggregation mechanisms yield rational choices (voting on arguments, merging procedures to obtain a common argumentation framework, deliberation processes, etc.). In particular, the question about the rationality of a collective argument choice relates this topic to Social Choice and Judgment Aggregation theories, while its associated strategic issues relate it to Game Theory. The research efforts on the disparate problems elicited by collective argumentation have generated a considerable corpus of literature that deserves an orderly evaluation. This survey is intended as a contribution to that end. (shrink)

Collective bargaining is the main vehicle for labour worldwide to negotiate wages, benefits, retirement policies, training and other terms of working with management in both the public and private sectors. Labour economists have long been active in modelling the relations between collective bargaining agreements, labour markets and social welfare conditions. This book presents a theoretical model of unions which offers a unified treatment of the centralisation of bargaining, the credibility of labour contracts, the unionisation (...) of labour markets and the relative bargaining power of the union. Tapio Palokangas develops the microfoundations of bargaining and examines collective bargaining interacting with public policy, investment and growth, and international trade and specialisation. In conclusion Professor Palokangas challenges the commonly held view that collective bargaining has a negative impact on economics welfare, and argues that with the existence of market failure, collective bargaining can be welfare enhancing. (shrink)

Alternative dispute resolution (ADR) is a collective noun for all kinds of alternative methods to formal dispute resolution. Business ethics attempts to theorize the different forms of normative coordination of corporate acts that remain within the lifeworld and outside the formal sphere of the legal system. In this context, business ethics could offer a positive approach to ADR, as ADR would be an effective, practical form of casuistry ethics. In this manner, concrete conflicts of interest and disagreements between economic (...) actors could be resolved based on moral intentions and moral validity claims. This approach of ADR through business ethics is confirmed by many articles in business ethical journals. In two important aspects, namely justice and autonomy, law is contrary to ethics. ADR lacks exactly these ethical characteristics; thus the idea that ADR belongs to the discourse of business ethics is misleading. This article will argue that ADR is not in the realm of the ethical, but in the realm of the legal. This critical analysis of ADR will show a deeper dimension in the relationship between business ethics and law, namely the systematic colonization of ethical methods by law. (shrink)

Disputes in Bioethics tackles some of the most debated questions in contemporary scholarship about the beginning and end of life. This collection of essays takes up questions about the dawn of human life, including: Should we make children with three (or more) parents? Is it better never to have been born? and Is the so called 'after-birth' abortion wrong? This volume also asks about the dusk of human life: Is 'death with dignity' a dangerous euphemism? Should euthanasia be permitted (...) for children? and Does assisted suicide harm those who do not choose to die? Still other questions are asked concerning recent views that health care professionals should not have a right to conscientiously object to legal and accepted medical practices. Finally, the book addresses questions about separating conjoined twins as well as the issue of whether the species of an individual makes a difference for the individual's moral status. Christopher Kaczor critiques some of the most recent and influential positions in bioethics, while eschewing both consequentialism and principalism. Rooted in the Catholic principle that faith and reason are harmonious, this book shows how Catholic bioethical teaching is rationally defensible in terms that people of good will, secular or religious, can accept. Proceeding from a natural law perspective, Kaczor defends the inherent dignity of all human beings and argues that they merit the protection of their basic human goods because of that inherent dignity. Philosophers interested in applied ethics, as well as students and professors of law, will profit from reading Disputes in Bioethics. The book aims to be both philosophically sophisticated and accessible for students and experienced researchers alike. (shrink)

This article examines the ethical characteristics of MNEs employee relations in developing countries. Specifically, it addresses various ethical issues relating to labour relations and trade unions in extractive industries in Nigeria, South Africa and Zambia. Data collected in these countries indicate that criticisms aginst MNEs relating to labour issues and labour practices in developing countries are not lessening. The discussion is lent focus and direction through the analysis of critical incidents from the perspectives of various stakeholders: government, (...) oil and mining companies, and leaders of trade unions. Tensions over pay, expatriate employments as against the locals, negotiation rights and employees well-being are evident. The argument advanced is that the MNEs operating in the extractive industries of Africa will have to improve their relations with local employees in order to bridge the legitimacy gaps that exist. An improved mutual understanding between the MNEs and trade unions is required for both actors to have a smooth working relationship. (shrink)

This collection of essays examines the ways in which disputes and controversies about the application of scientific knowledge are resolved. Four concrete examples of public controversy are considered in detail: the efficacy of Laetrile, the classification of homosexuality as a disease, the setting of safety standards in the workplace, and the utility of nuclear energy as a source of power. The essays in this volume show that debates about these cases are not confined to matters of empirical fact. Rather, (...) as is seen with most scientific and technical controversies, they focus on and are structured by complex ethical, economic, and political interests. Drs. Engelhardt and Caplan have brought together a distinguished group of scholars from the sciences and humanities, who sketch a theory of scientific controversy and attempt to provide recommendations about the ways in which both scientists and the public ought to seek more informed resolutions of highly contentious issues in science and technology. Scientific Controversies is offered as a contribution to the better understanding of the roles of both science and nonscientific interests in disputes and controversies pertaining to science and technology. (shrink)

This study examines the intersection of individual life-histories, organisational histories and societal histories and reveals how religion, in several different expressions, serves to provide a connection between justice for workers and justice for the environment in the work of trade unionists. The trade union movement is generally seen as secular, and thus in our life-history interviews finding religion as a backdrop to labour activists' formation was unexpected. Religion becomes manifest in various ways, partly through experiences in the present or (...) at formative periods in unionists' lives, but also through its cultural embeddedness in language and collective memory. In this way it serves to provide subtle influences on beliefs, concepts of social justice and daily action. (shrink)

To believe that every single scientist ought to be individually engaged in ethical thinking in order for science to be responsible at a collective level may be too demanding, if not plainly unrealistic. In fact, ethical labor is typically distributed across different kinds of scientists within the scientific community. Based on the empirical data collected within the Horizon 2020 ‘RRI-Practice’ project, we propose a classification of the members of the scientific community depending on their engagement in this collective (...) activity. Our classification offers, on the one hand, a model of how the ethical aspects of science are taken into consideration by scientists and, on the other, some indications on how to institutionalize ethics in science. (shrink)

For forty years, American priest and friar Reginald Foster, O.C.D., worked in the Latin Letters office of the Roman Curia’s Secretary of State in Vatican City. As Latinist of four popes, he soon emerged as an internationally recognized authority on the Latin language—some have said, the internationally recognized authority, consulted by scholars, priests, and laymen worldwide. In 1986, he began teaching an annual summer Latin course that attracted advanced students and professors from around the globe. This volume gathers contributions from (...) some of his many students in honor of his enduring influence and achievements. Its chapters explore a wide range of linguistic and literary evidence from antiquity to the present day in a variety of theoretical perspectives. If the motivation for putting together this collection has been to reflect (and reflect upon) Foster’s influences on Latin scholarship and pedagogy, its title alludes—via the medieval folk etymology of the word labyrinthus (“quasi labor intus”)—to its theme: ambiguity in Latin literature. (shrink)

Though many argue over root causes, few dispute the existence of gender disparities across our societal landscape. Patriarchal norms consistently obstruct the flourishing of those who identify themselves as women, those who are identified by others as women, and generally those who gender-identify in ways that challenge the norms of heterosexual cis-gender male privilege. Acknowledging the limits of our analysis, here we focus on some of the disparities faced by women in particular.1 From the persistent wage gap despite women's steadily (...) increasing participation in the workforce, to the perplexing paucity of women occupying C-suite positions in business or tenured professorships in academia despite efforts to... (shrink)

This chapter explores properties that bind individuals, knowledge, and communities, together. Section ‎‎1 introduces Hardwig’s argument from trust in others’ testimonies as entailing that trust is the glue ‎that binds individuals into communities. Section 2 asks “what grounds trust?” by exploring assessment ‎of collaborators’ explanatory responsiveness, formal indicators such as affiliation and credibility, ‎appreciation of peers’ tacit knowledge, game-theoretical considerations, and the role moral character ‎of peers, social biases, and social values play in grounding trust. Section 3 deals with establishing (...) ‎reliability standards for formation and breaching of trust. Different epistemic considerations and their ‎underpinning of inductive risks are examined through various communication routes within a ‎discipline, between disciplines, and to the public. Section 4 examines whether a collective entity can ‎be trusted over and above trust that is given to its individual members. Section 5 deals with the roles ‎technological artifacts play in distributed research and collective knowledge. It presents the common ‎view in which genuine trust cannot, in principle, be accorded to artifacts, so as an opposite view. We ‎show that what counts as a genuine object of trust is relevant to debates about the boundaries of ‎collective agency and as a criterion for extended cognitive systems.‎. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rhetorical Circulation in Late CapitalismNeoliberalism and the Overdetermination of Affective EnergyCatherine ChaputIn the world we have known since the nineteenth century, a series of governmental rationalities overlap, lean on each other, challenge each other, and struggle with each other: art of government according to truth, art of government according to the rationality of the sovereign state, and art of government according to the rationality of economic agents, and more (...) generally, according to the rationality of the governed themselves. And it is all these different arts of government, all these different types of ways of calculating, rationalizing, and regulating the art of government which, overlapping with each other, broadly speaking constitute the object of political debate.Michel Foucault, The Birth of BiopoliticsCritical rhetoricians interested in the power dynamics between rhetoric and capitalism have established for themselves the ambitious task of explaining how multiple, intertwined rationalities govern individual and collective [End Page 1] behavior in relationship to the ever-shifting logics of capitalism. Approaches to this complicated directive frequently envision rhetoric as a mediating force among agentive subjects who act within well-defined political economic landscapes. Wedded to a political-communicative model wherein appropriate rhetorical choices persuade those with authority to distribute disputed political and economic rights, rhetorical theory becomes a sophisticated handbook for discovering topoi and executing decorous statements. This focus, according to Ronald Walter Greene, results in a "permanent anxiety over the meaning and potential of rhetorical agency" that positions rhetoricians as "moral entrepreneurs scolding, correcting, and encouraging the body politic" (2004, 188, 189). Committing themselves to endless debates about correct responses in situated spaces, rhetorical theories that underscore agency lose site of the world in flux and of our participation in that world's unpredictable unfoldings. Alternatively, Greene suggests rethinking rhetorical theory through a materialist-communicative model wherein the immaterial labor of communication produces value. Conceptualizing discursive practices as a form of labor rather than a form of political signification sidesteps anxiety about well-chosen language and emphasizes the life-affirming activity involved in deciphering issues, inventing paths through those issues, and communicating new ideas to others. In short, Greene's materialist model challenges critical rhetoricians to end their perennial search for a discursive key to the storehouse of political economic goods (a practice propelled by liberal democratic hopes) so that they can begin to invent analyses and modes of production better suited to the contours of contemporary neoliberalism.Unlike liberalism's clearly assigned spaces for public life and private life or work time and leisure time, neoliberal spaces bear few obvious markers. The neoliberal landscape consists of blurred boundaries that fold into one another: information flows almost instantaneously, commodities and people transgress national boundaries, time accelerates, space collapses, and distinctions between such classic demarcations as agent and subject or politics and economics erode. Facilitated by dramatic changes in our sociopolitical boundaries, economic neoliberalism, what James Arnt Aune calls "economic correctness" (2001), reigns throughout vast uneven terrains opened up from the imploded borders of our liberal world. While economics does indeed rule the neoliberal landscape, it does not do so according to uncompromising rationalism. Political and cultural practices flowing into the previously segregated spaces of economics enable market rule through logics that operate entirely outside the rational-irrational divide. Economic neoliberalism moves from situation to situation, disregarding spatial boundaries between the political, economic, [End Page 2] and cultural realms as well as their attendant modes of persuasion, wearing away at the rhetorical linkages between appropriate discursive choices and agentive power.Regardless of the particularities of neoliberalism's spaces, structures, and governing practices, many rhetoricians continue to mediate among different worldviews based on outmoded liberal gauges. Some rhetorical theorists, for instance, maintain that the problematics of neoliberalism result from an imbalance between reason and passion. Even though the most ardent supporters of neoliberal practices hold firmly to a belief in its scientific rationality, rhetorical theorists often argue that passion overpowers reason in neoliberal discourse. The rhetorical form that sustains this disequilibrium is, according to Bradford Vivian, neoliberal epideictic. Based on an impassioned identification, epideictic texts "unite an otherwise fractured citizenry in a dynamic affective experience" (Vivian 2006, 15). Epideictic rhetoric functions didactically to unite the public... (shrink)

BackgroundMedical disputes, medical disturbances, verbal and physical violence against physicians, and burnout have reached epidemic levels. They may negatively impact both physicians and the healthcare system. The experience of medical disputes, medical disturbances, verbal, and physical violence, and burnout and the correlates in physicians working in public hospitals in China needed to be investigated.MethodsA nationwide cross-sectional survey study was conducted between 18 and 31 March 2019. An anonymous online questionnaire was administered. The questionnaire included the 22-item Maslach Burnout (...) Inventory-Human Services Survey. We also collected data on demographic and job-related factors, as well as physicians’ experiences of medical disputes, medical disturbances, verbal and physical violence from patients and the patients’ family members.FindingsIn total, 22,213 physicians from 144 tertiary public hospitals in all of China’s 31 provinces completed the survey. The overall burnout rate among the surveyed physicians was 31.28%. Moreover, 33.48% of physicians experienced disputes, 20.86% experienced disturbances, 48.52% experienced verbal violence, and 5.84% experienced physical violence in the past 12 months. Factors found to be significantly associated with burnout included younger age, being divorced or widowed, having a lower educational background, working in internal medicine departments, longer working hours per day, working in general hospitals, being in East China, as well as having experienced disputes, disturbances, and physical and verbal violence.InterpretationClose to a third of the Chinese doctors working in the tertiary hospitals reportedly experienced burnout, and the problem is related to the unsafe working environment caused by the worsening doctor-patient relationship. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rhetorical Circulation in Late CapitalismNeoliberalism and the Overdetermination of Affective EnergyCatherine ChaputIn the world we have known since the nineteenth century, a series of governmental rationalities overlap, lean on each other, challenge each other, and struggle with each other: art of government according to truth, art of government according to the rationality of the sovereign state, and art of government according to the rationality of economic agents, and more (...) generally, according to the rationality of the governed themselves. And it is all these different arts of government, all these different types of ways of calculating, rationalizing, and regulating the art of government which, overlapping with each other, broadly speaking constitute the object of political debate.Michel Foucault, The Birth of BiopoliticsCritical rhetoricians interested in the power dynamics between rhetoric and capitalism have established for themselves the ambitious task of explaining how multiple, intertwined rationalities govern individual and collective [End Page 1] behavior in relationship to the ever-shifting logics of capitalism. Approaches to this complicated directive frequently envision rhetoric as a mediating force among agentive subjects who act within well-defined political economic landscapes. Wedded to a political-communicative model wherein appropriate rhetorical choices persuade those with authority to distribute disputed political and economic rights, rhetorical theory becomes a sophisticated handbook for discovering topoi and executing decorous statements. This focus, according to Ronald Walter Greene, results in a "permanent anxiety over the meaning and potential of rhetorical agency" that positions rhetoricians as "moral entrepreneurs scolding, correcting, and encouraging the body politic" (2004, 188, 189). Committing themselves to endless debates about correct responses in situated spaces, rhetorical theories that underscore agency lose site of the world in flux and of our participation in that world's unpredictable unfoldings. Alternatively, Greene suggests rethinking rhetorical theory through a materialist-communicative model wherein the immaterial labor of communication produces value. Conceptualizing discursive practices as a form of labor rather than a form of political signification sidesteps anxiety about well-chosen language and emphasizes the life-affirming activity involved in deciphering issues, inventing paths through those issues, and communicating new ideas to others. In short, Greene's materialist model challenges critical rhetoricians to end their perennial search for a discursive key to the storehouse of political economic goods (a practice propelled by liberal democratic hopes) so that they can begin to invent analyses and modes of production better suited to the contours of contemporary neoliberalism.Unlike liberalism's clearly assigned spaces for public life and private life or work time and leisure time, neoliberal spaces bear few obvious markers. The neoliberal landscape consists of blurred boundaries that fold into one another: information flows almost instantaneously, commodities and people transgress national boundaries, time accelerates, space collapses, and distinctions between such classic demarcations as agent and subject or politics and economics erode. Facilitated by dramatic changes in our sociopolitical boundaries, economic neoliberalism, what James Arnt Aune calls "economic correctness" (2001), reigns throughout vast uneven terrains opened up from the imploded borders of our liberal world. While economics does indeed rule the neoliberal landscape, it does not do so according to uncompromising rationalism. Political and cultural practices flowing into the previously segregated spaces of economics enable market rule through logics that operate entirely outside the rational-irrational divide. Economic neoliberalism moves from situation to situation, disregarding spatial boundaries between the political, economic, [End Page 2] and cultural realms as well as their attendant modes of persuasion, wearing away at the rhetorical linkages between appropriate discursive choices and agentive power.Regardless of the particularities of neoliberalism's spaces, structures, and governing practices, many rhetoricians continue to mediate among different worldviews based on outmoded liberal gauges. Some rhetorical theorists, for instance, maintain that the problematics of neoliberalism result from an imbalance between reason and passion. Even though the most ardent supporters of neoliberal practices hold firmly to a belief in its scientific rationality, rhetorical theorists often argue that passion overpowers reason in neoliberal discourse. The rhetorical form that sustains this disequilibrium is, according to Bradford Vivian, neoliberal epideictic. Based on an impassioned identification, epideictic texts "unite an otherwise fractured citizenry in a dynamic affective experience" (Vivian 2006, 15). Epideictic rhetoric functions didactically to unite the public... (shrink)

Certification programs seek to promote decent work in global agriculture, yet little is known about their gender standards and implications for female workers, who are often the most disadvantaged. This study outlines the gender standard domains of major agricultural certifications, showing how some programs (Fair Trade USA, Rainforest) prioritize addressing gender equality in employment and others (Fairtrade International, UTZ) incorporate wider gender rights. To illuminate the implications of gender standards in practice, I analyze Fairtrade certification and worker experience on certified (...) flower plantations in Ecuador, drawing on a qualitative and quantitative field research study. (1) I show how Fairtrade seeks to bolster the wellbeing of female workers, addressing their workplace needs via equal employment, treatment, and remuneration standards and their reproductive needs via maternity leave and childcare services. My research demonstrates that for female workers, addressing family responsibilities is critical, since they shape women’s ability to take paid jobs, their employment needs, and their overall wellbeing. (2) I show how Fairtrade seeks to bolster the rights of women workers through individual and collective capacity building standards. My findings reveal how promoting women’s individual empowerment serves as a precondition for collective empowerment, and how targeting traditional labor rights is insufficient for empowering female workers, since their strategic choices are curtailed largely outside the workplace. While Fairtrade certification bolsters the wellbeing and rights of female workers in and beyond the workplace, much still needs to be done before women can claim their rights as workers and citizens. (shrink)