The purpose of this paper is to analyze what some private universities are doing in the area of mediation and other alternative ways of solving faculty complaints – what some term "alternative dispute resolution." Special attention will be given to one of the most important ethical issues in this area at the operating level of individual universities – the due process procedures with respect to the processing of the grievances of individual faculty members in nonunionized colleges. The paper concludes (...) with recommendations for university administrators and faculty senates, as well as recommendations for future research. (shrink)

The purpose of this paper is to integrate and analyze the research findings of previous studies dealing both directly and tangentially with the strategic ethical issues involved in alternative dispute resolution procedures and systems found in nonunion employment. Particular attention will be given to one of the most significant issues in this area at the operating and tactical level of individual companies: the procedural techniques with respect to the processing of the complaints and grievances of employees in (...) class='Hi'>nonunion companies and firms. The paper concludes with policy recommendations for managers and recommendations for future research. (shrink)

The purpose of this paper is to provide a historical overview of the ethical concept of organizational due process in relation to contemporary issues in the utilization of company grievance procedures in the rapidly growing nonunion arena. Another objective of this paper is to appraise the current practices that employers have evolved for resolving issues generated by grievances, particularly those of professional, white collar employees.

This study drew on three theoretical perspectives – attribution theory, power, and role identity theory – to compare the job-related outcomes of sexual harassment from organizational insiders and organizational outsiders in a sample of UK police officers and police support staff. Results showed that sexual harassment from insiders was related to higher intentions to quit, over-performance demands, and lower job satisfaction, whereas sexual harassment from outsiders was not significantly related to any of the outcome variables investigated. We also examined two (...) moderator variables: equal opportunity support and confidence in grievance procedures. Consistent with our hypotheses, equal oppor- tunity support mitigated the effects of sexual harassment from supervisors on intent to quit and over-performance demands. Confidence in grievance procedures moderated the relationship between sexual harassment from supervisors and all outcome variables. Implications for theory and practice are discussed. (shrink)

The purpose of this paper is to provide an overview of the most recent public policy and ethical issues as they relate to the growing usage of nonunion employment arbitration particularly in relation to financial services firms and professional firms. In this era of increasing employment-related litigation, it is wise from an employer’s point of view to find alternative procedures that offer assurances of fairness yet provide expeditious means for resolving disputes. From an employee’s vantage point, however, it (...) is essential that the fundamental issue of procedural and substantive due process be maintained and guaranteed. Therefore, a number of strategic ethical issues arise: How should employment arbitration procedures be designed following the Due Process Protocol of the Task Force on Alternative Dispute Resolution in Employment? How should arbitration procedures follow the national rules for the resolution of employment disputes of the American Arbitration Association? Do recent court decisions shed light on these issues? What ethical principles can be gleaned from these public policy pronouncements? A final objective of this paper is to study some of the current initiatives on this topic. (shrink)

Grievance landscapes form in rapidly industrialising contexts where social and environmental impacts are inevitable. This paper focuses on the complex operational and organisational settings in which grievances arise and the industrial pathologies that form around resource development projects. The arguments draw on classic and contemporary literature on “grievance”, “right” and “entitlement”, and the authors’ own sustained engagement with global mining companies and local communities. Our contention is that the grievance landscape is far more critical to understanding environmental, (...) human rights, and mining interactions than the managerial systems that companies construct to signal compliance with voluntary international norms. These managerial systems, or operational-level grievance mechanisms, map the procedural contours of how a local grievance would travel once it is made visible to the company. In practice, however, it is fiction, illegibility and invisibility that dominate. Across the pathologies, the common denominator is the corporate propensity to avoid recognising the legitimacy of a local grievance and the source of its cause. (shrink)

Consider the problem of allocating a scarce resource to people. A fair decision procedure is one where each person has an equal chance of receiving the resource. An unfair decision procedure is one where the chances are not equal. Normally we think that, in an unfair decision procedure, that the correct way to redress the injustice is by rerunning the allocation using a fair decision procedure. In this paper, I show that this actually creates an overall bias favouring one person, (...) and solutions to this problem are counterintuitive, in that they typically involve introducing additional unfair elements into the situation. (shrink)

This study investigates the relationship between workers'' perceptions of distributive and procedural justice afforded by a grievance system and their more general belief in an underlying moral order in the workplace. Using samples representing five ocupationally distinct groups, the presence of any moderating effects of occupation received only weak support. Consistent with previous work, however, workers'' perceptions of procedural justice (i.e., fairness in the process) were a stronger predictor of workers'' belief in workplace justice than were perceptions of distributive (...) justice (i.e., fairness of outcomes). (shrink)

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

Scientific networks are often credited with bringing about institutional change and professional advancement, but less attention has been paid to their instability and occasional failures. In the 1970s optimism among academic women was high as changing US policies on sex discrimination in the workplace, including higher education, seemed to promise equity. Encouraged by colleagues, Shyamala Rajender charged the University of Minnesota with sex discrimination when it failed to consider her for a tenure-track position. The widely cited case of this chemist (...) was not, however, settled easily and involved nearly a decade of university grievance procedures and litigation that grew to a class action lawsuit. As the case gained national attention and internal resistance stiffened, the clusters of women who had been encouraging flickered, faded and sometimes regrouped. A negotiated settlement (consent decree) ended Rajender’s case, and it opened the door for hundreds of others to present their grievances regarding gender discrimination. Networks and support groups proved important but also unstable for individuals who sought equity before and during the implementation of the decree. The Rajender case thus exposes the painful, balky and inevitably contentious process of fighting discrimination. It also demonstrates the power and limits of institutions and litigation, as well as the possibilities and disappointments of informal and formal women’s networks. (shrink)

This research engages with the problem of company-community conflict in mining. The inequitable distributions of risks, impacts, and benefits are key drivers of resource conflicts and are likely to remain at the forefront of mining-related research and advocacy. Procedural and interactional forms of justice therefore lie at the very heart of some of the real and ongoing challenges in mining, including: intractable local-level conflict; emerging global norms and performance standards; and ever-increasing expectations for the industry to translate high-level corporate social (...) responsibility policy into on-the-ground practice. This research focuses on the "process" aspects of resource conflicts through an examination of existing grievance-handling procedures at six mining operations where company-community conflict was present. In their current form, and on their own, the six mechanisms were found to be insufficient in their capacity to advance justice. The authors argue that if the overall objective of global norms is that companies construct and perform grievance handling in ways that strongly preference just practices, then "mechanisms-inpractice" must be better understood and constructively critiqued along all justice dimensions. (shrink)

A thoughtful and well-designed institutional response to a whistleblower starts long before a problem ever arises. Important elements include efforts by the institution’s leaders to cultivate an ethical environment, provide clear and fair personnel policies, support internal systems for resolving complaints and grievances, and be willing to address problems when they are revealed. While many institutions have well-developed procedures for handling formal grievances, systems for handling complaints at their earliest stages usually receive less attention. This article focuses on systemic (...) elements necessary for cultivating an ethical environment, good practices in responding to complaints, and the role those practices can play in preventing a confrontation with a whistleblower. (shrink)

In the absence of effective judicial remediation mechanisms after business-related human rights violations, companies themselves are expected to establish remediation procedures for affected victims and communities. This is a challenge for both companies and victims since comprehensive company-based grievance mechanisms are currently missing. In this paper, we explore how companies can provide effective remediation after human rights violations. Accordingly, we critically assess two different approaches to conflict resolution, alternative dispute resolution and restorative justice, for their potential to provide (...) dialogue-based, non-judicial remediation. We argue that remedy through agreement-driven ADR mechanisms risks marginalizing the interests and concerns of victims and affected community members, particularly in weak institutional contexts. Hence, we develop a dialogue-driven framework for corporate remediation of human rights violations grounded on RJ principles. This restorative framework provides a comprehensive CGM that focuses on the harms and needs of victims and aims at restoring justice through restorative dialogue. Based on a prompt discovery and a thorough investigation of the grievance, companies should design and prepare the remediation process together with victims, offenders and affected community members. Through restorative dialogue with the affected parties about the circumstances and impacts of the wrongdoing, companies can repair the harm, regain legitimacy amongst stakeholders as well as transform their business practices to avoid future human rights violations. (shrink)

This research engages with the problem of company–community conflict in mining. The inequitable distributions of risks, impacts, and benefits are key drivers of resource conflicts and are likely to remain at the forefront of mining-related research and advocacy. Procedural and interactional forms of justice therefore lie at the very heart of some of the real and ongoing challenges in mining, including: intractable local-level conflict; emerging global norms and performance standards; and ever-increasing expectations for the industry to translate high-level corporate social (...) responsibility policy into on-the-ground practice. This research focuses on the “process” aspects of resource conflicts through an examination of existing grievance-handling procedures at six mining operations where company–community conflict was present. In their current form, and on their own, the six mechanisms were found to be insufficient in their capacity to advance justice. The authors argue that if the overall objective of global norms is that companies construct and perform grievance handling in ways that strongly preference just practices, then “mechanisms-in-practice” must be better understood and constructively critiqued along all justice dimensions. (shrink)

We investigated the causes and impact of procrastination on “slippery deadlines,” where the due date is ill-defined and can be autonomously extended, using the unique applied setting of grievance arbitration across two studies. In Study One, using 3 years of observed performance data derived from Canadian arbitration cases and a survey of leading arbitrators, we examined the effect of individual differences, self-regulatory skills, workloads and task characteristics on time delay. Observed delay here is a critical criterion, where justice is (...) emphasized to be swift and sure. Multilevel Modeling established trait procrastination as a substantive predictor of observed delay, equivalent to the environmental contributors of expediting the arbitration procedure or grievance complexity. Also, despite substantive negative consequence of delay for both arbitrators and their clients, arbitrators who scored one standard deviation above the mean in procrastination took approximately 83 days to write their decisions compared to the 26 days for arbitrators one standard deviation below the mean. In Study Two, we conducted a replication and extension survey with a much larger group of American arbitrators. Consistent with Temporal Motivation Theory, trait procrastination was largely explained by expectancy, value, and sensitivity to time related traits and skills, which together accounted for majority of the variance in trait procrastination, leaving little left for other explanations. For example, perfectionism connection to procrastination appears to be distal, being largely mediated by each of TMT’s core variables. Finally, procrastination was largely synonymous with a deadline pacing style, indicating that observed delay can be used as a proxy for procrastination as long as little or no prior work was done. In all, our results indicate that procrastination is rampant in the workplace and has seriously detrimental effects. (shrink)

In 2009 the Roundtable on Sustainable Palm Oil established a conflict resolution mechanism to help rural communities address their grievances against palm oil companies that are RSPO members. This article presents the broadest ever comprehensive assessment of the use and effectiveness of the RSPO conflict resolution mechanism, providing both overviews and in-depth analysis. Our central question is: to what extent does the RSPO conflict resolution mechanism offer an accessible, fair and effective tool for communities in Indonesia to resolve conflicts with (...) companies? Our aim is not only to provide a ‘reality check’ of this mechanism but also to contribute to the wider debate on how communities can seek access to justice when engaged in intractable conflicts with palm oil companies. For data collection, we took three steps. First, we used our own database of 150 conflicts between communities and companies in Indonesia. We identified 64 conflicts that involved RSPO member companies, of which 17 prompted communities to convey their grievances to the RSPO’s conflict resolution mechanism. Second, we used the database of the RSPO, which handled 85 complaints against companies in Indonesia in the period 2009–2020. Third, we conducted fieldwork, in total, about 6 months of fieldwork and extensive interviews on three conflicts involving RSPO companies to identify mechanisms leading to both failed and successful instances of conflict resolution. For our assessment, we used three criteria to assess the conflict resolution mechanism of the RSPO: accessibility, procedural justice, and the outcomes of the process. We conclude that—on all counts—the conflict resolution mechanism is biased in favor of companies. The result of these biases is that the actual capacity of the RSPO’s mechanism to provide a meaningful remedy for rural communities’ grievances remains very limited. This unequal access to justice sustains conflicts between companies and communities over land. (shrink)

The earliest ancient Greek text to narrate the resolution of a large-scale conflict by judicial means is Aeschylus's tragedy Eumenides, first performed in Athens in 458 BC. After explaining the historical context in which the play was performed—a context of acute civic discord and the imminent danger of an escalation of reciprocal revenge killings by the lower-class faction in Athens—this article offers a new reading of the play and asks if it can help us think about the challenges inherent in (...) conflict resolution today. The prosecutors are the Erinyes, the archaic supernatural agents of murder victims; their responsibility, in predemocratic Greece, before the invention of law courts, was to punish murderers. The defendant is Orestes, who has killed his mother but argues that, since she had killed his father, he was acting justly. The judges consist of eleven Athenian citizen jurors plus the presiding god, Athena, whose twelfth vote carries slightly more weight than any of the others. The article concludes that some aspects of the procedure are exemplary, especially Athena's insistence on respecting each side's right to be heard, her sensitivity toward the grievances felt by the defeated Erinyes, and the compensation they are offered. On the other hand, the tragedy clearly shows how difficult it is for a fair legal judgment to be made without a view to larger issues of national expedience, security, and inherent power structures, especially that of patriarchy. (shrink)

In this paper, I distinguish terrorism from other crimes and from war, noting that terrorism may be perpetrated not only by private individuals and members of nonstate organizations, but also that it may be ordered by the state. Since terrorism is illegal almost everywhere, I argue that the proper response to it is usually through law enforcement rather than military measures. In some circumstances, however, I content that even law enforcement procedures may be used by the state to terrorize (...) civilians. Since nonstate terrorism is usually intended to draw attention to social grievances, I conclude that eliminating terrorism requires addressing those grievances. (shrink)

In 2014, Lord Saatchi launched his ultimately unsuccessful Medical Innovation Bill in the UK. Its laudable aim was to free doctors from the shackles that prevented them from providing responsible innovative treatment. Lord Saatchi’s principal contention was that current law was the unsurmountable barrier that prevented clinicians from delivering innovative treatments to cancer patients when conventional options had failed. This was because doctors feared that they might be sued or tried and convicted of gross negligence manslaughter if they deviated from (...) standard practice. Concerns about fear of the law and potential negative effects on medical practice are not new. Fear of litigation has been suggested as the reason for doctors practising “defensive medicine,” by opting for treatments regarded as “grievance-resistant,” rather than clinically indicated, for example, by ordering diagnostic tests or performing certain procedures, which are not strictly medically necessary. Whilst this claim is plausible and apparently accepted by the courts, there is limited empirical evidence in support of it so far as practitioners in the UK are concerned. In this paper, we report on our empirical research which provides a snapshot of medical opinion to begin to rectify this gap. We ran focus groups of different medical specialties, asking what these medical practitioners thought the barriers to medical innovation to be. We found that fear of the law was not the principal barrier to be lowered, and that the answer was far more multifaceted. (shrink)

ABSTRACTThis essay reviews the recent book by Carolyn Dean that seeks to elucidate the ways in which complaints about a “surfeit of memory” and the privileging of Jewish victimization during the Holocaust as unique and as the emblem of radical evil in our times has shaped discussions of victims in general, creating an environment in which groups vie for victim status as a means of validating their grievances and making claims for justice. The hostility to such claims has, Dean argues, (...) created antivictim discourses that end up generating aversion toward victims, primarily by denying the validity of their claims to suffering and, in the case of Jews, projecting them as “perpetrators” in their neglect of the suffering of others. At the same time, Dean argues, the demand that victims narrate their suffering in the aesthetically constrained style of “minimalism” equally undermines the legitimacy of victims' memories by demanding that they be presented in an already mastered form, thereby erasing the very trauma that, in principle, such narratives seek to represent.At stake in the debates concerning Holocaust memorial consciousness and its proper modes of representation, this article suggests, are larger historiographical and ethical issues about how to integrate the horrors of the past and the traumatic experience of terror into the normal protocols of historical writing, which rely on distance, objectivity, and interpretive critique as governing procedures. To incorporate terror into historical representation will mean acknowledging and accepting as historiographically legitimate the differing status of analytically recuperated “facts” and victim testimony and finding a way to theorize the reality of “voices” from the past without assuming the necessary “truth” of what they convey. (shrink)

Two Boeing 737-MAX passenger planes crashed in October 2018 and March 2019, suspending all 737-MAX aircraft. The crashes put Boeing’s corporate practices and culture under the spotlight. The main objective of this paper is to use the case of Boeing to highlight the importance of efficient employee grievance redressal mechanisms and an independent external regulator. The methodology adopted is a qualitative analysis of statements of various whistleblowers and Boeing and the Federal Aviation Administration (FAA) stakeholders. It suggests that employee (...) feedback flowing up the chain of command should be more flexible and dealt with more seriousness. It recommends that companies adopt a cooling-off period or a lifetime restriction for employees who have gone through the revolving door between regulators and the industry. The Boeing 737-MAX case, which emphasizes the ethical obligations of the job, can offer value to engineers, engineering educators, managers, ombudsmen, and human resource professionals. (shrink)

Understanding lone actor grievance-fueled violence remains a challenge. We believe that the concept of grievance provides an opportunity to add an engaged, first-person perspective to the assessment of lone actor extreme violence. We propose an enactivist philosophical approach that can help to understand the why and how of the pathway from grievance to violent extremism. Enactivism sees grievance as a dynamic, interpersonal, and context-sensitive construct that indicates how offenders make sense of the world they live in (...) and how under certain circumstances it fuels violent behavior. Hence, grievance should not be understood as a given thing, but as an unfolding experience that involves sense-making through interaction with the environment. This relational and ecological understanding requires another approach than looking at demographic factors or life histories, only from an outsider’s perspective. Enactivism invites us to look at such risk factors as external indices of an ongoing process of active self-regulation and sense-making, and in some cases spiraling toward extreme violence. To understand the mindset of the offender we need to look more in depth at the processes that shape this mindset: why does this person, with this history, in this context, and at this point in time, proceed to use violence? The enactivist approach to the mind offers a complementary framework that may help us to understand the dynamics of grievance as a possible precursor to violent extremism. It also helps to appreciate why the relative unpredictability of the pathway toward lone actor extreme violence is not necessarily a sign of empirical weakness but a matter of principle due to the non-linearity of the processes involved. We end by summarizing how enactivism could contribute to the prevention of extremist violence and research and how it can help to avoid reinforcing stigmas and re-establishing a confirmation bias. (shrink)

Recently, high media visibility was reached by an experiment that involved “hoaxlike deception” of journals within humanities and social sciences. Its aim was to provide evidence of “inadequate” quality standards especially within gender studies. The article discusses the project in the context of both previous systematic studies of peer reviewing and scientific hoaxes and analyzes its possible empirical outcomes. Despite claims to the contrary, the highly political, both ethically and methodologically flawed “experiment” failed to provide the evidence it sought. The (...) experiences can be summed up as follows: journals with higher impact factors were more likely to reject papers submitted as part of the project; the chances were better, if the manuscript was allegedly based on empirical data; peer reviews can be an important asset in the process of revising a manuscript; and when the project authors, with academic education from neighboring disciplines, closely followed the reviewers’ advice, they were able to learn relatively quickly what is needed for writing an acceptable article. The boundary between a seriously written paper and a “hoax” gradually became blurred. Finally, the way the project ended showed that in the long run, the scientific community will uncover fraudulent practices. (shrink)

Philosophers since Plato have questioned whether might makes right, and whether the weak are condemned perforce to suffer at the hands of strong, cunning, and ruthless elites and majorities. This essay argues that communicative and strategic uses of grievance, shame, “bullshit,” collective action, and economic rent seeking mitigate conventional forms of social might, thereby helping the weak and the few to prosper and flourish despite their inferior strength, numbers, and social status. The argument is supported empirically by macroeconomic and (...) ngram data. (shrink)

In this article, I analyse some pre-Humean arguments for and against tolerance by early eighteenth-century Scottish philosophers and theologians. I present these in dialogue with the Confession of Faith, which constituted the central doctrinal pillar of the Presbyterian Church of Scotland. The Kirk viewed tolerance rather suspiciously as a danger for its unity, and if the Confession asserted liberty of conscience against the Catholics, it insisted nevertheless on rigid boundaries. This created tensions which the theologians John Simson and Archibald Campbell (...) sought to exploit when they were attacked by Committees for Purity of Doctrine for suspicion of heresy. Simson’s and Campbell’s arguments for toleration revolved around issues of liberty of conscience, scripture interpretation and the necessity of open debate for the moral progress of mankind. George Turnbull and Francis Hutcheson, then, insisted on a moral core of religion and on limitations of the Church’s power. They showed more optimism than David Hume regarding our moral resources to overcome religion’s corruptive potential, under the condition that we are properly guided. (shrink)

The procedures for structuring clinical ethics case reflections in a childhood cancer care setting are presented, including an eight-step model. Four notable characteristics of the procedures are: members of the inter-professional health care team, not external experts, taking a leading role in the reflections; patients or relatives not being directly involved; the model explicitly addressing values and moral principles instead of focussing exclusively on the interests of involved parties; using a case-based rather than principle-based method. By discusing the (...) advantages and disadvantages of the proposed procedures, our paper aims to contribute to the literature on models and procedures for ethical analysis that can be used in clinical settings. It is suggested that our proposed procedures have some advantageous features when it comes to promoting health care staff’s learning to structure their thinking about ethical issues. (shrink)

Democratic theorists often distinguish between two views of democratic procedures. ‘Outcomes theorists’ emphasize the instrumental nature of these procedures and argue that they are only valuable because they tend to produce good outcomes. In contrast, ‘proceduralists’ emphasize the intrinsic value of democratic procedures, for instance, on the grounds that they are fair. In this paper. I argue that we should reject pure versions of these two theories in favor of an understanding of the democratic ideal that recognizes (...) a commitment to both intrinsically valuable democratic procedures and democratic outcomes. In instances in which there is a conflict between these two commitments, I suggest they must be balanced. This balancing approach offers a justification of judicial review on the grounds that it potentially limits outcomes that undermine democracy. But judicial review is not justifiable in any instance in which a bad democratic outcome results from democratic procedures. When the loss that would result from overturning a democratic procedure is greater than the gain to democracy that would result from ensuring against an undemocratic outcome; judicial review is not justifiable. Loss or gain to democracy is defined by the negative or positive impact of each action on the core democratic values of equality and autonomy, aspects of the democratic ideal. Even when judicial review is justified, the fact that it overturns intrinsically valuable procedures suggests that such review is never ideal from the standpoint of democracy. (shrink)

This paper outlines a procedure for assessing the quality of failure explanations in engineering failure analysis. The procedure structures the information contained in explanations such that it enables to find weak points, to compare competing explanations, and to provide redesign recommendations. These features make the procedure a good asset for critical reflection on some areas of the engineering practice of failure analysis and redesign. The procedure structures relevant information contained in an explanation by means of structural equations so as to (...) make the relations between key elements more salient. Once structured, the information is examined on its potential to track counterfactual dependencies by offering answers to relevant what-if-things-had-been-different questions. This criterion for explanatory goodness derives from the philosophy of science literature on scientific explanation. The procedure is illustrated by applying it to two case studies, one on Failure Analysis in Mechanical Engineering (a broken vehicle shaft) and one on Failure Analysis in Civil Engineering (a collapse in a convention center). The procedure offers failure analysts a practical tool for critical reflection on some areas of their practice while offering a deeper understanding of the workings of failure analysis (framing it as an explanatory practice). It, therefore, allows to improve certain aspects of the explanatory practices of failure analysis and redesign, but it also offers a theoretical perspective that can clarify important features of these practices. Given the programmatic nature of the procedure and its object (assessing and refining explanations), it extends work on the domain of computational argumentation. (shrink)

This up-to-date and comprehensive handbook guides the reader, step-by-step, through all aspects of complaints and grievance management. It includes useful addresses, current codes of ethics from the major organizations, protocols and sample letters.

The 1-consistency of arithmetic is shown to be equivalent to the existence of fixed points of a certain type of update procedure, which is implicit in the epsilon-substitution method.

Workplace procedural justice is an important motivator for employee work attitude and performance. This research examines how procedural justice affects employee engagement. We developed three propositions. First, based on the group engagement model, we hypothesized that procedural justice enhances employee engagement through employee organizational identification. Second, employees with stronger moral identity centrality are more likely to be engaged in their jobs. Third, procedural justice compensates for the effect of moral identity centrality on employee engagement. Specifically, when procedural justice is higher, (...) employee moral identity centrality plays a less significant role in employee engagement; whilst when procedural justice is lower, the effect of moral identity centrality on employee engagement is stronger. Research findings based on an employee survey in a leading financial service organization provide support for the above propositions. (shrink)

Lately, it seems a number of philosophical memory theories are incorporating false memory phenomena into their conceptual frameworks. At the same time, scientific research is extending its analysis of false memories to nondeclarative forms of memory. However, both sides have paid little attention to the notion of false procedural memory. Yet, from everyday experience as well as from psychological investigation, we are aware of different ways procedural memory goes wrong. Here, I characterize the conceptual foundation of false procedural memory. First, (...) I distinguish remembering-how from knowing-how by proposing that remembering-how requires the performance of an act. Accordingly, genuine remembering-how is characterized as the performance of an act for which a respective ability has been acquired that is instrumental in the execution of said act. False remembering-how is identified as a kind of error where a subject acquires the ability to perform a certain act, which is then correctly executed, but is not what the subject tried to perform. This framework of false procedural memory is delineated from notions of interference and crosstalk. A comparison with current philosophical theories of false memory and analysis showing the relevance for current psychological research and everyday life concludes the paper. (shrink)

There is widespread agreement among both supporters and opponents that affirmative action either must not violate any principle of equal opportunity or procedural justice, or if it does, it may do so only given current extenuating circumstances. Many believe that affirmative action is morally problematic, only justified to the extent that it brings us closer to the time when we will no longer need it. In other words, those that support affirmative action believe it is acceptable in nonideal theory, but (...) not ideal theory. This paper argues that affirmative action is entirely compatible with equal opportunity and procedural justice and would be even in an ideal world. I defend a new analysis of Rawlsian procedural justice according to which it is permissible to interfere in the outcomes of procedures, and thus I show that affirmative action is not morally problematic in the way that many have supposed. (shrink)

This paper provides a historical overview of the interrelationship between the use of nonunion employment arbitration and the ethics of employee organizational due process. Key research questions to be explored include the following, among others: Why are expectations about due process in organizations increasing? How are these expectations being exhibited? What is the nature of fair treatment of employees in relation to nonunion employment arbitration? Should arbitration in the nonunion employment relationship be nurtured? A final objective of (...) this paper is to study some of the current initiatives that neutral agencies have adopted to ensure that nonunion arbitration is fair, just, and equitable for a firm's employees. (shrink)

In this essay, I examine selected narratives in the Rājataraṅgiṇī that invoke a specific practice of suicide by starvation, what is referred to as prāya, prāyopaveśa, and/or prāyopaveśana. Commonly attested in the legal literature as well as in the epics, prāya is normally deployed there to redress financial grievances, to force debtors to pay their due. The use of the practice in the Rājataraṅgiṇī is often quite different from this, however: Kalhaṇa suggests that Brahmins, and others, engaged in the fast-unto-death (...) not only to redress their own grievances, but also the grievances of others. In particular, Kalhaṇa presents prāya as a tool used to compel Kashmiri kings to conform to the dharmaśāstric strictures of good government, to promote policies favoring not only Brahmins but also other, non-Brahmin subjects. The existence of such a form of the fast-unto-death is significant, for it signals a potentially unselfish use of caste, however imperfectly and corruptly the Rājataraṅgiṇī shows it to have been applied: by threatening their own deaths and promising thereby the karmic and social consequences of brahminicide, Brahmins sought to compel those sovereigns who pursued their own narrow interests to better serve the common good. That this is so raises a trio of vital concerns regarding the nature of the fast and its modern legacies, and the nature of royal succession, on the one hand, and on the other, the proper role of social and political elites in premodern South Asia. (shrink)

The study aimed to identify the role of administrative procedures and systems in enhancing the performance of the educational institutions in the Islamic University in Gaza. To achieve the research objectives, the researchers used the analytical descriptive approach to collect information. The researchers used the questionnaire distributed to three categories of employees at the Islamic University (senior management, faculty members, their assistants and members of the administrative board). A random sample of 314 employees was selected and 276 questionnaires were (...) retrieved with a recovery rate of 88.1%. The Statistical Analysis Program (SPSS) was used to enter process and analyze data. The results of the research showed a positive role for the administrative procedures and systems in enhancing the performance of the Islamic University from the point of view of the members (senior management, teaching staff and their assistants and the administrative body), where the relative weight of all the paragraphs (73.728%). The analysis of the results revealed that the administrative procedures at the Islamic University in Gaza are used to an acceptable degree. The relative weight of all the paragraphs is 70%. This indicates a relationship between administrative procedures and regulations and the performance of the Islamic University in the Gaza Strip. The study found that there was a good degree of approval from the sample regarding the administrative procedures and their relationship to the job performance. There exist a sufficient degree of powers to the deans and department managers to carry out their tasks, with the use of plans as control tools. And that there are rules and procedures provided for decision-making in the University Council. It also has full powers to manage the university to improve the teaching and learning environment. The researchers also recommended a number of recommendations, including the need to follow up on the procedures and systems of management and update them continuously in the light of changes that may occur and to ensure the existence of a strong system of electronic information systems within the university. There is a need to provide mechanisms for obtaining information about the surrounding external environment, and effective mechanisms to provide managers with the necessary information in a timely manner. The importance of providing channels of communication that enables staff to communicate information about any violations and breaches. The study also recommended the follow-up, review, procedures and administrative systems, and work to modify them in line with the mission of the university and the objectives that the university seeks to reach. (shrink)

Experimental work has revealed causal links between physical cleansing and various psychological variables. Empirically, how robust are they? Theoretically, how do they operate? Major prevailing accounts focus on morality or disgust, capturing a subset of cleansing effects, but cannot easily handle cleansing effects in non-moral, non-disgusting contexts. Building on grounded views on cognitive processes and known properties of mental procedures, we proposegrounded proceduresof separation as a proximate mechanism underlying cleansing effects. This account differs from prevailing accounts in terms of (...) explanatory kind, interpretive parsimony, and predictive scope. Its unique and falsifiable predictions have received empirical support: Cleansing attenuates or eliminates otherwise observed influences of prior events (1) across domains and (2) across valences. (3) Cleansing manipulations produce stronger effects the more strongly they engage sensorimotor capacities. (4) Reversing the causal arrow, motivation for cleansing is triggered more readily by negative than positive entities. (5) Conceptually similar effects extend to other physical actions of separation. On the flipside, grounded procedures ofconnectionare also observed. Together, separation and connection organize prior findings relevant to multiple perspectives (e.g., conceptual metaphor, sympathetic magic) and open up new questions. Their predictions are more generalizable than the specific mappings in conceptual metaphors, but more fine-grained than the broad assumptions of grounded cognition. This intermediate level of analysis sheds light on the interplay between mental and physical processes. (shrink)

Horsten and Roelants have raised a number of important questions about my analysis of effective procedures and my evaluation of the Church-Turing thesis. They suggest that, on my account, effective procedures cannot enter the mathematical world because they have a built-in component of causality, and, hence, that my arguments against the Church-Turing thesis miss the mark. Unfortunately, however, their reasoning is based upon a number of misunderstandings. Effective mundane procedures do not, on my view, provide an analysis (...) of ourgeneral concept of an effective procedure; mundane procedures and Turing machine procedures are different kinds of procedure. Moreover, the same sequence ofparticular physical action can realize both a mundane procedure and a Turing machine procedure; it is sequences of particular physical actions, not mundane procedures, which enter the world of mathematics. I conclude by discussing whether genuinely continuous physical processes can enter the world of real numbers and compute real-valued functions. I argue that the same kind of correspondence assumptions that are made between non-numerical structures and the natural numbers, in the case of Turing machines and personal computers, can be made in the case of genuinely continuous, physical processes and the real numbers. (shrink)

Two semantic paradoxes, the Liar and Curry’s paradox, are analysed using a newly developed conception of procedural semantics (semantics according to which the truth of propositions is determined algorithmically), whose main characteristic is its departure from methodological realism. Rather than determining pre-existing facts, procedures are constitutive of them. Of this semantics, two versions are considered: closed (where the halting of procedures is presumed) and open (without this presumption). To this end, a procedural approach to deductive reasoning is developed, (...) based on the idea of simulation. As is shown, closed semantics supports classical logic, but cannot in any straightforward way accommodate the concept of truth. In open semantics, where paradoxical propositions naturally ‘belong’, they cease to be paradoxical; yet, it is concluded that the natural choice—for logicians and common people alike—is to stick to closed semantics, pragmatically circumventing problematic utterances. (shrink)

While philosophers are often concerned with the conditions for moral knowledge or justification, in practice something arguably less demanding is just as, if not more, important – reliably making correct moral judgments. Judges and juries should hand down fair sentences, government officials should decide on just laws, members of ethics committees should make sound recommendations, and so on. We want such agents, more often than not and as often as possible, to make the right decisions. The purpose of this paper (...) is to propose a method of enhancing the moral reliability of such agents. In particular, we advocate for a procedural approach; certain internal processes generally contribute to people’s moral reliability. Building on the early work of Rawls, we identify several particular factors related to moral reasoning that are specific enough to be the target of practical intervention: logical competence, conceptual understanding, empirical competence, openness, empathy and bias. Improving on these processes can in turn make people more morally reliable in a variety of contexts and has implications for recent debates over moral enhancement. (shrink)

Although the use of arbitration has become commonplace in the organizational world, the ethical issues surrounding arbitration have never been fully explored. The paper reviews ethical issues in arbitration, particularly in terms of forensic bias parallels, that may affect decision-making and make the arbitrator''s decision questionable. Finally, the maintenance of fairness in the arbitration process, and the importance of an ethically acceptable system of organizational justice are also discussed.

This study examines the procedural ethical considerations surrounding religious exemptions to Covid vaccine mandates, specifically focusing on immigrant healthcare personnel (HCP) and HCPs of color. It emphasizes communication issues with applicants by investigating exemption applications and their accompanying guidelines. While there is extensive literature on the ethical implications of religious exemptions, a notable gap remains in addressing the procedural aspects of religious exemption applications and their reviewing processes. The study scrutinized religious exemption application forms and accompanying guidelines from 32 selected (...) non-teaching and teaching hospitals for the years 2022–2023. The findings highlight significant variability in exemption application criteria and processes across institutions. Importantly, many application forms lacked comprehensive procedural information, which may result in subjective evaluations and potential misinterpretations of non-Western and non-mainstream religious beliefs, especially those of immigrant HCPs and HCPs of color. The study proposes various strategies to advocate for more equitable and transparent procedures, underlining the significance of diversity, equity, and inclusion in the religious exemption review process for vaccine mandates. (shrink)

One way to evaluate electoral rules is instrumental: we ask what effects they tend to produce. A second way is constitutive: we ask what kinds of values they embody, or whether the procedures they effect respect people's rights or moral status. A third way is genetic: we ask by what procedure the electoral rules were adopted. I shall argue that in judging the value or the legitimacy of electoral rules, we must consider not only (1) the values they serve (...) instrumentally and (2) the values, rights, or statuses they embody or respect, but also (3) the procedure by which they were chosen. I argue, moreover, that the best way to choose electoral rules in representative governments is on an ongoing basis via a randomly selected citizen assembly whose decisions are binding independently of any appeal to referenda. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with (...) two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)