Business Law, Public Responsibility, and Ethics Commons^™

Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz

Justin Schwartz

Why are most capitalist enterprises of any size organized as authoritarian bureaucracies rather than incorporating genuine employee participation that would give the workers real authority? Even firms with employee participation programs leave virtually all decision-making power in the hands of management. The standard answer is that hierarchy is more economically efficient than any sort of genuine participation, so that participatory firms would be less productive and lose out to more traditional competitors. This answer is indefensible. After surveying the history, legal status, and varieties of employee participation, I examine and reject as question-begging the argument that the rarity of genuine …

Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz

Justin Schwartz

Neoliberalism can be understood as the deregulation of the economy from political control by deliberate action or inaction of the state. As such it is both constituted by the law and deeply affects it. I show how the methods of historical materialism can illuminate this phenomenon in all three branches of the the U.S. government. Considering the example the global financial crisis of 2007-08 that began with the housing bubble developing from trade in unregulated and overvalued mortgage backed securities, I show how the repeal of the Glass-Steagall Act, which established a firewall between commercial and investment banking, allowed this …

Can The Hong Kong Icac Help Reduce Corruption On The Mainland?, Bryane Michael

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

Hong Kong’s Independent Commission Against Corruption (ICAC) serves as the example par excellence of a successful anti-corruption agency. Yet, the Agency works in one of the more corrupt jurisdictions world-wide (the People’s Republic of China). To what extent can the ICAC – and the Prevention of Bribery Ordinance (POBO) which regulates its work – contribute to reductions in corruption on the Mainland? In this paper, we look at the ways in which the ICAC – technically a Chinese agency (albeit operating in a legally independent jurisdiction) – can help to reduce and prevent corruption on the Mainland. We find that …

El Individuo Y La Comunidad. Aeon J. Skoble, Mario Šilar

Mario Šilar

No abstract provided.

El Fracaso: Su Utilidad Personal Y Social, Mario Šilar

Mario Šilar

No abstract provided.

Free The Market. Peter J. Boettke. Spanish Translation, Mario Šilar

Mario Šilar

No abstract provided.

Natural Law Bibliography 1990-2010, Mario Šilar

Mario Šilar

No abstract provided.

Antropología Filosófica Cristiana Y Economía De Mercado (Review). Revista Empresa Y Humanismo, Xiv/2, 2011, Pp. 121-127., Mario Šilar

Mario Šilar

No abstract provided.

"Faraway So Close". Maestros Y Discípulos En La Era Digital, Mario Šilar

Mario Šilar

No abstract provided.

The Call Of The Entrepreneur (Acton Media): Un Análisis, Mario Šilar

Mario Šilar

No abstract provided.

The Economics Of Caring And Sharing. D.R. Lee. Spanish Translation, Mario Šilar

Mario Šilar

No abstract provided.

Austrian School In 10 Propositions, By Peter J. Boettke, Mario Šilar

Mario Šilar

No abstract provided.

Christianism And Liberalism. Conference Script. Diego De Covarrubias. San Pablo Ceu, Madrid, 12.12.2011, Mario Šilar

Mario Šilar

No abstract provided.

Un Significativo Y Poco Difundido Discurso De Benedicto Xvi: El Mensaje A La Academia Pontificia De Ciencias Sociales Del Año 2011, Mario Šilar

Mario Šilar

No abstract provided.

The Call Of The Entrepreneur (Acton Media): An Analysis, Mario Šilar

Mario Šilar

No abstract provided.

Piratas Y Corsarios En La Era Digital, Mario Šilar, Alejandro Néstor García Martínez

Mario Šilar

http://www.unav.es/nuestrotiempo/es/temas/piratas-y-corsarios-en-la-era-digital

El Futuro De La Economía Es "Austriaco", Mario Šilar

Mario Šilar

No abstract provided.

Martin Rhonheimer: Cristianismo Y Laicidad, Mario Šilar

Mario Šilar

No abstract provided.

Señal Que Ya Es Un Clásico: Su Actualidad. Road To Serfdom Amazon Nº1, 2010, Mario Šilar

Mario Šilar

No abstract provided.

Sobre Las Causas Morales De La Crisis Económico-Financiera, Mario Šilar

Mario Šilar

No abstract provided.

Enriqueciendo Con Saber Económico La Vida Diaria. Entrevista A Peter J. Boettke, Mario Šilar

Mario Šilar

No abstract provided.

La Economía Que Devuelve España A Los Españoles, Mario Šilar

Mario Šilar

No abstract provided.

The Irreduceable Moral Nature Of Human Action, Mario Šilar, José María Torralba

Mario Šilar

No abstract provided.

De Paradojas Y Neocons, Mario Šilar

Mario Šilar

No abstract provided.

Political Liberalism And Public Reason, Mario Šilar

Mario Šilar

The paper explores John Rawls´s idea of public reason, as reflected in Political Liberalism and The Idea of Public Reason Revisited. In Rawls’s later works, public reason acquires fundamental significance as a criterion by which the principles to be assumed from the outset in a theory of political justice may be determined. The starting-point for Rawls´s theory -the idea of citizens as free and equal reveals- that this abstraction falls short of an authentic conception of human beings as social by nature. A brief study of key issues concerning marriage and the family shows the difficulties that underlie this question. …

The Practical Value Of Natural Law Theory In The Work Of St Thomas Aquinas, Mario Šilar

Mario Šilar

No abstract provided.

Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz

Justin Schwartz

Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the Difference …

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …

How Charitable Organizations Influence Federal Tax Policy: "Rent-Seeking" Charities Or Virtuous Politicians?, Nancy J. Knauer

Nancy J. Knauer

Tax-exempt charitable organizations exert considerable influence over Congress, the Department of the Treasury, and the Internal Revenue Service in matters dealing with exemption from federal income tax and the tax deductibility of charitable contributions. This Article uses both public choice and public interest analysis to help identify various features of the charitable community and explain how exempt organizations weild political influence despite the restrictions placed on their activities under the tax code. Arguing that the influence of charitable organizations over tax policy can be explained from either a public choice or public interest vantage point, the Article concluds that the …

What's Wrong With Exploitation?, Justin Schwartz

Justin Schwartz

Abstract: Marx thinks that capitalism is exploitative, and that is a major basis for his objections to it. But what's wrong with exploitation, as Marx sees it? (The paper is exegetical in character: my object is to understand what Marx believed,) The received view, held by Norman Geras, G.A. Cohen, and others, is that Marx thought that capitalism was unjust, because in the crudest sense, capitalists robbed labor of property that was rightfully the workers' because the workers and not the capitalists produced it. This view depends on a Labor Theory of Property (LTP), that property rights are based ultimately …