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Full-Text Articles in Business Law, Public Responsibility, and Ethics

Transnational Corporations (Tncs) And The Effective Implementation Of Social And Economic Rights: Current And Prospective Avenues, Analia Marsella Feb 2008

Transnational Corporations (Tncs) And The Effective Implementation Of Social And Economic Rights: Current And Prospective Avenues, Analia Marsella

Analia Marsella Sende

In this Essay, I explain the role and impact of transnational corporations in the process of development and implementation of economic and social rights at a global scale and identify the solutions that I regard as plausible. I do so from an international human rights perspective that integrates both the legal and non-legal approaches. I concentrate on the international aspects of legalization, adjudication, and policy making. First, I analyze social and economic rights in the current context, the old and most recent understandings, and the challenges posed by the phenomenon of globalization together with the rising of corporations in the ...


An Ethical Map Of Indonesian Mps, Riccardo Pelizzo, Bernice Ang Jan 2008

An Ethical Map Of Indonesian Mps, Riccardo Pelizzo, Bernice Ang

riccardo pelizzo

Building on the work by Mancuso (1993, 1995), the paper presents the results of an elite survey conducted among members of the DPR and DPD in 2006. The data analysis reveals the distribution of ethical preferences among MPs and the existence of four different types of MPs


Legislative Ethics And Codes Of Conduct, Riccardo Pelizzo, Rick Stapenhurst Jan 2008

Legislative Ethics And Codes Of Conduct, Riccardo Pelizzo, Rick Stapenhurst

riccardo pelizzo

This chapter discusses the difference between codes of ethics and codes of conduct, their role, their function and their distribution. The chapter also pays some attention to what makes codes of conduct most effective.


De Evoluerende Marktpositie Van Beschutte Werkplaatsen In Vlaanderen: Uitdagingen En Knelpunten, Wim Van Opstal, Jozef Pacolet Jan 2008

De Evoluerende Marktpositie Van Beschutte Werkplaatsen In Vlaanderen: Uitdagingen En Knelpunten, Wim Van Opstal, Jozef Pacolet

Wim Van Opstal

Beschutte werkplaatsen hebben als grootste speler in de sociale inschakelingseconomie goed weten door te dringen in onze economie. Dit brengt echter ook de confrontatie met alle uitdagingen van een competitieve economische omgeving met zich mee. Het HIVA voerde een onderzoek uit naar de uitdagingen waarmee de beschutte werkplaatsen in Vlaanderen geconfronteerd worden vanuit hun evoluerende marktpositie. Daarnaast belicht deze studie de knelpunten vanuit de interne organisatie van beschutte werkplaatsen om het hoofd te kunnen bieden aan deze uitdagingen. De vitaliteit van de beschutte werkplaatsen aan de ene kant en de kwetsbaarheid ervan aan de andere kant, is het genuanceerde beeld ...


Coöperaties In De Social Profit? Een Verkenning., Wim Van Opstal Jan 2008

Coöperaties In De Social Profit? Een Verkenning., Wim Van Opstal

Wim Van Opstal

Het is ondertussen meer dan 150 jaar geleden dat de eerste coöperaties werden opgericht om de levensstandaard van arbeiders en boeren te verbeteren. De jongste jaren begint men de coöperatie echter opnieuw te ontdekken als instrument om economische activiteiten te combineren met sociale doelstellingen. In deze bijdrage belichten we de rol die coöperaties spelen binnen het activiteitenspectrum van de social profit in een internationaal kader en staan we stil bij de vraag of dit ook voor Vlaanderen een interessant alternatief kan bieden.


De Paradojas Y Neocons, Mario Šilar Jan 2008

De Paradojas Y Neocons, Mario Šilar

Mario Šilar

No abstract provided.


Political Liberalism And Public Reason, Mario Šilar Jan 2008

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 ...


The Practical Value Of Natural Law Theory In The Work Of St Thomas Aquinas, Mario Šilar Jan 2008

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

Mario Šilar

No abstract provided.


Beyond The Dichotomous Worlds Hypothesis: Towards A Plurality Of Corporate Governance Logics, Jordan Otten Jan 2007

Beyond The Dichotomous Worlds Hypothesis: Towards A Plurality Of Corporate Governance Logics, Jordan Otten

Jordan Otten

The dichotomous worlds hypothesis holds that corporate governance systems worldwide are either based on the Anglo-American shareholder model or the Eurasian stakeholder model. We suggest a more fine-grained classification, based on five corporate governance logics –socially constructed, historical patterns of material practices, assumptions, values, beliefs, and rules by which all parties involved in economic productive activities structure their material interdependencies and provide meaning to the social reality of corporate life. These logics are discovered through a content analysis of the corporate governance reform codes of 38 countries.


Theories On Executive Pay: A Literature Overview And Critical Assessment, Jordan Otten Jan 2007

Theories On Executive Pay: A Literature Overview And Critical Assessment, Jordan Otten

Jordan Otten

Executive pay is a major issue in the corporate governance debate. As well in practice as in theory debate still exists how executive pay levels and structures can be explained. This paper provides an overview of 16 theories that have been used in the literature to explain the phenomenon. The theories can be classified into three types of approaches; 1) the value approach; 2) the agency approach; and 3) the symbolic approach. A critical assessment of the theories shows that the dominant use in the literature of the perfect contracting approach of agency theory neglects: 1) the socially determined symbolic ...


Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz Jan 2001

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 ...


The Final Countdown To Y2k: Is Your Small Business Ready?, Douglas J. Swanson Ed.D Apr Jul 1999

The Final Countdown To Y2k: Is Your Small Business Ready?, Douglas J. Swanson Ed.D Apr

Douglas J. Swanson, Ed.D APR

No abstract provided.


Professional Development Seminars: Scouting Out Your Best Opportunities, Douglas J. Swanson Ed.D Apr May 1997

Professional Development Seminars: Scouting Out Your Best Opportunities, Douglas J. Swanson Ed.D Apr

Douglas J. Swanson, Ed.D APR

No abstract provided.


Relativism, Reflective Equilibrium, And Justice, Justin Schwartz Jan 1997

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 ...


Reinventing Government: The Promise Of Comparative Institutional Choice And Government Created Corporations, Nancy J. Knauer Jan 1997

Reinventing Government: The Promise Of Comparative Institutional Choice And Government Created Corporations, Nancy J. Knauer

Nancy J. Knauer

This Article focuses on a subset of private/public partnerships - those that involve relationships between the public sector and charitable organizations, specifically "government created charitable organizations" (GCCOs). For example, the first President Bush, known as the "Education President," championed the creation of the New American Schools Development Corporation (NASDC) as the cornerstone of his education policy. Designed as an independent charitable organization, the NASDC's proposed budget relied on private corporate contributions. In this way, the federal government could assert that it would fund its new educational program without increasing the federal bureaucracy, raising taxes, or cutting other budget items ...


How Charitable Organizations Influence Federal Tax Policy: "Rent-Seeking" Charities Or Virtuous Politicians?, Nancy J. Knauer Jan 1996

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 ...


How To Improve Your Professional Credibility, Douglas J. Swanson Ed.D Apr Jul 1995

How To Improve Your Professional Credibility, Douglas J. Swanson Ed.D Apr

Douglas J. Swanson, Ed.D APR

No abstract provided.


What's Wrong With Exploitation?, Justin Schwartz Jan 1995

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 ...


In Defence Of Exploitation, Justin Schwartz Jan 1995

In Defence Of Exploitation, Justin Schwartz

Justin Schwartz

The concept of exploitation is thought to be central to Marx's Critique of capitalism. John Roemer, an analytical (then-) Marxist economist now at Yale, attacked this idea in a series of papers and books in the 1970s-1990s, arguing that Marxists should be concerned with inequality rather than exploitation -- with distribution rather than production, precisely the opposite of what Marx urged in The Critique of the Gotha Progam.

This paper expounds and criticizes Roemer's objections and his alternative inequality based theory of exploitation, while accepting some of his criticisms. It may be viewed as a companion paper to my ...


Guarding Your Company's Intellectual Property Rights: Patents, Trademarks, And Copyright Protection, Douglas J. Swanson Ed.D Apr Jul 1994

Guarding Your Company's Intellectual Property Rights: Patents, Trademarks, And Copyright Protection, Douglas J. Swanson Ed.D Apr

Douglas J. Swanson, Ed.D APR

No abstract provided.


The Paradox Of Ideology, Justin Schwartz Jan 1993

The Paradox Of Ideology, Justin Schwartz

Justin Schwartz

A standard problem with the objectivity of social scientific theory in particular is that it is either self-referential, in which case it seems to undermine itself as ideology, or self-excepting, which seem pragmatically self-refuting. Using the example of Marx and his theory of ideology, I show how self-referential theories that include themselves in their scope of explanation can be objective. Ideology may be roughly defined as belief distorted by class interest. I show how Marx thought that natural science was informed by class interest but not therefore necessarily ideology. Capitalists have an interest in understanding the natural world (to a ...


From Libertarianism To Egalitarianism, Justin Schwartz Jan 1992

From Libertarianism To Egalitarianism, Justin Schwartz

Justin Schwartz

A standard natural rights argument for libertarianism is based on the labor theory of property: the idea that I own my self and my labor, and so if I "mix" my own labor with something previously unowned or to which I have a have a right, I come to own the thing with which I have mixed by labor. This initially intuitively attractive idea is at the basis of the theories of property and the role of government of John Locke and Robert Nozick. Locke saw and Nozick agreed that fairness to others requires a proviso: that I leave "enough ...