Digital Commons Network^™

Does Capitalism Infringe Property Rights: A Reply To Peter Morriss, Chandran Kukathas

Research Collection School of Social Sciences

In a research note on 'How Capitalism Infringes Property Rights' {PoliticalStudies, XXXI (1983), pp. 656-61), Peter Morriss attempts to demonstratethat a Nozickian version of rights theory is incompatible with that account ofcapitalism which emphasizes the importance (and value) of entrepreneurialrisk-taking and entrepreneurial failure. Because bankruptcy is an acceptedconsequence of entrepreneurial failure, capitalism, which condonesbankruptcy, in fact condones the violations of the rights of creditors. Thusthose who, like Nozick, defend property rights as sacred and inviolable, 'shouldbe in the vanguard of capitalism's opponents' (p. 657) Since the rights-basedargument for capitalism is that rights can never be legitimately violated, 'oncethe rights theorist …

Hunger Strikes And The State's Right To "Force Feed": Recent Australian Experience, Mark Findlay

Research Collection Yong Pung How School Of Law

Whether or not it is the nature of the protest itself which makes it unsuitable for resolution in a court-room situation, the case law relating to "hunger strikes" (and State's response) is both sparse and insignificant. Perhaps on the basis of its uniqueness alone, the case of Schneidas v. Corrective Services Commission(New South Wales) and Others should be of particular interest to jurists on both sides of the Irish border.

A Technological Lifecycle Approach To The Organizational-Factors Determining Gatekeeper Activities, Arnoud De Meyer

Research Collection Lee Kong Chian School Of Business

The paper deals with the question whether gatekeepers arise spontaneously (non-hierarchical) or are created by administrative action (hierarchical). The author's approach to the problem relies on the use of a lifecycle model of an organisation devised by Utterback and Abernathy. They distinguish a product-innovation, a transitional and process- innovation (consolidation) phase in the development of an enterprise. The author's hypothesis is that gatekeepers can arise via either route depending on the phase in which enterprise is operating. In the earlier phases the author predicts that gatekeepers will either be absent or non-hierarchical (spontaneous) while in later phases they will be …

Philosophical Hermeneutics And The Analects: The Paradigm Of Tradition, Alan Kam Leung Chan

Research Collection College of Integrative Studies

Hermeneutics, as a philosophical enterprise, is not new; it can be traced back at least to Friedrich Schleiermacher (1768-1834) and Wilhelm Dilthey (1833-1911).1 Yet hermeneutics did not reach its philosophical maturity and acquire the worldwide recognition that it deserves until Hans-Georg Gadamer published his magnum opus, Truth and Method, in 1960.2 Here, with the help of Heidegger, hermeneutics is transformed from a general methodology of the "human sciences" (Geisteswissenschaften) into a full-fledged "practical" philo- sophy.3 With Gadamer, as we shall see, hermeneutics can no longer be under- stood as merely a theory of interpretation; rather, it is to be seen …

Jury Trial In Singapore And Malaysia: The Unmaking Of A Legal Institution, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

THE main task of this article is to inquire into the reasons for the general decline and final abolition of the jury system 1 in Singapore.2 It also seeks to discover why the decline and fall of a major legal institution aroused so little public debate, let alone outcry. To this end, the focus must necessarily be historical, but, in the context of a nation still in the process of discovering its legal heritage, it is hoped that the account which follows will contribute in some small way towards the development of our legal

Stare Decisis In Singapore And Malaysia: A Sad Tale Of The Use And Abuse Of Statutes, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

A study of the cases and literature with regard to stare decisis in Singapore and Malaysia will reveal at least one salient characteristic - the propensity, primarily of the Courts, to misread statutes and twist them (whether inadvertently or otherwise) in order to justify a particular conclusion. Ironically enough, at the end of the day, similar (though not identical) conclusions could have been reached without the need to resort to any particular statutory provision. In this short article, I shall not endeavour to retrace ground already well covered by others, but will set out, in rather summary form, further reflections …

Mapping Strategic Management Research, Howard Thomas

Research Collection Lee Kong Chian School Of Business

During the last two decades, in particular, there has developed a substantial body of literature in the fields of strategic management, strategic planning, corporate and business policy, and related topics. This literature owes much to the prior writings of Alfred Chandler [10] and the decades of case writing and research undertaken at Harvard Business School by many learned professors. Indeed, Harvard's tradition of leadership in this field dates from 1914 when it first introduced a course requirement for business policy into the business school program. The term strategic management is of relatively recent origin [49] and is currently the accepted …

Believing The Self-Contradictory, John N. Williams

Research Collection School of Social Sciences

Clearly, if a man holds a self-contradictory belief, then his belief cannot be rational, for there can be no set of evidence sufficient to justify it. This is most apparent when the self contradictory belief is a belief in a conjunction, (e.g., a belief that p & ~p), rather than when it is a non-conjunctive self-contradictory belief, e.g. a belief that red is not a color.

The Absurdities Of Moore's Paradoxes, John N. Williams

Research Collection School of Social Sciences

No abstract provided.

Toward A Better Understanding Of The Prior Restraint Doctrine: A Reply To Professor Mayton, Howard Hunter

Research Collection Yong Pung How School Of Law

In his Article on first amendment process, Professor Mayton challenges a "sacred cow" of current first amendment theology and, in so doing, forces us to consider more carefully the implications of certain accepted approaches to the resolution of disputes about speech. Much of what he says about the process by which government restrains speech is true, especially that the prior restraint doctrine has often been inadequately understood and inappropriately invoked. Nevertheless, some of his premises are subject to question. Furthermore, his conclusion that a prior restraint model provides a better mechanism for the protection of speech than does a subsequent …

A Reprise On Herbert V. Lando And The Law Of Defamation, Howard Hunter

Research Collection Yong Pung How School Of Law

Three and a half years ago, in an article, published in a symposium issue of the Kentucky Law Journal focusing on the first amendment, I examined the United States Supreme Court decision of Herbert v. Lando. The Court held that reporters, editors and publishers are not protected by any "editorial privilege" from "state of mind" inquiries during discovery in a defamation case governed by the standard of liability set forth in New York Times Co. v. Sullivan. The Supreme Court decision in Lando stirred a mild flurry of academic comment, partly because it reversed the Second Circuit's broad ruling in …

Inconsistency And Contradiction, John N. Williams

Research Collection School of Social Sciences

Inconsistency and contradiction are important concepts. Unfortunately, they are easily confused. A proposition or belief which is inconsistent is one which is self- contradictory and vice-versa. Moreover two propositions or beliefs which are contradictories are inconsistent with each other. Nonetheless it is a mistake to suppose that inconsistency is the same as contradiction.

Justified Belief And The Infinite Regress Argument, John N. Williams

Research Collection School of Social Sciences

The background to this paper is the question of how rational belief is possible in the light of the commonly presented infinite regress in reasons. The paper investigates the neglected question of whether this regress is vicious. I argue that given the genuine requirements of rational belief, the regress would require the rational believer to hold an infinity of beliefs, which is impossible. The regress would not entail the rational believer holding an infinitely complex belief, which, admittedly, would be logically impossible.

Designing A Budgeting System With Planned Confusion, John Joseph Williams

Research Collection School Of Accountancy

The article explores the potential virtues of dual budgeting processes coexisting within a single budgeting information system for organizations experiencing changing environments. The treatment of discretionary cost activity in the traditional budgeting process is discussed and a comparison of the effectiveness of the techniques of zero-based budgeting and traditional budgeting is presented. Using both approaches simultaneously is said to hold potential for combining the best of both methods, but the cost-effectiveness of such a dual budgeting process is noted as a limiting factor.

The Role Of Technological Change, Robert U. Ayres, Steven M. Miller

Research Collection School Of Computing and Information Systems

We develop an optimal growth model that includes several important new features. First, technological change is endogenously related to the growth of 'knowledge.' Investment may be directed either towards physical capital or knowledge (or both). Knowledge becomes an effective substitute for scarce resources by increasing the technical efficiency of resource utilization both for consumption and in capital. Nevertheless, a finite quantity resource must be embodied in capital and a finite flow is required for depreciation. Thus, there is an upper limit to technical efficiency and economic growth is thus ultimately limited by the availability of renewable resources. For a simple …

Criminal Liability For Complicity In Abortions Committed Outside Ireland, Mark Findlay

Research Collection Yong Pung How School Of Law

The legislative provisions which make it an offence to procure a miscarriage unlawfully or assist in the unlawful procurement are to be found in sections 58 and 59 or the Offences Against the Person Act 1861. In recent years the most common way for an Irish woman to obtain an abortion has been to leave the Republic and obtain such an operation in Britain, where the restrictions imposed on the medical profession with regard to performing operations are far less onerous. How then would the Irish courts view secondary parties to such extra-territorial activities?

Correction To "Redundancy Optimization Of General Systems", H. Sivaramakrishnan, Arcot Desai Narasimhalu

Research Collection School Of Computing and Information Systems

Reader Aids-

Purpose: Report a correction

Special math needed: Probability

Results useful to: Reliability Theoreticians

Customer-Oriented Approaches To Identifying Product-Markets, George S. Day, Allan D. Shocker, Rajendra Kumar Srivastava

Research Collection Lee Kong Chian School Of Business

The need to identify the boundaries of increasingly complex product-markets has spawned a number of analytical methods based on customer behavior or judgments. The various methods are compared and contrasted according to whether they are consistent with a conceptual definition of a product-market, and their ability to yield diagnostic insights.

Statutory And Judicial Responses To The Problem Of Access To Government Information, Constance Y. Singleton, Howard Hunter

Research Collection Yong Pung How School Of Law

The tremendous growth of government occasioned by greater involvement in the social and economic life of the nation has been the cause of many concerns. Two perennial concerns have been the extent to which the government can prevent public access to information on the basis of which policies and decisions are made and the possibility for misuse by the government of information private to individuals or business firms. This article focuses on federal statutory responses to these issues. The legislative intent has usually been praiseworthy but the resulting statutes, especially as they have been interpreted by the courts, have often …

A Warmer Way Of Disputing: Mediation And Conciliation, David Nathan Smith

Research Collection Yong Pung How School Of Law

No abstract provided.

Report On Antitrust Implications Of Joint Industry Activities Under Price Controls, William W. Sadd, William E. Huth, John C. Cortesio, Howard Hunter

Research Collection Yong Pung How School Of Law

Pursuant to the authority of the Economic Stabilization Act of 1970, the nation has recently experienced "Phase IV" of a program of price controls. This statutory authority expired on April 30, 1974, except as to certain petroleum products. Phase IV, to a greater extent than the preceding three phases of controls, gave rise to a need and an opportunity for joint industry efforts to influence and guide governmental authorities in shaping pricing policies in the economy. This report, therefore, examines the legal basis for such joint industry activities within the purview of Section 1 of the Sherman Act. If authority …

The Abandonment Defense In Private Antitrust Conspiracy Cases, Howard Hunter

Research Collection Yong Pung How School Of Law

The current unsettled state of the American economy has caused considerable comment about the purposes and effectiveness of the federal antitrust laws as economic regulatory statutes. Among government enforcers, the debates have been particularly acerbic. Trade journals have printed conflicting comments by representatives of a number of government regulatory agencies. Certain government representatives suggest that the regulatory agencies themselves have caused the development of anticompetitive practices while other enforcers and commentators have suggested that more government regulation of competition, or the sanctioning of greater industry cooperation rather than competition, would be beneficial to the economy.

A Study Of Computer Use In A Graduate School Of Business, Henry C. Jr. Lucas, David B. Montgomery, Jean Claude Larreche

Research Collection Lee Kong Chian School Of Business

In the past six years, U.S. business schools have greatly expanded their use of computers in teaching and research. In 1966, only 11 percent of the business schools required student proficiency in programming; by 1970, the total had risen to 62 percent and is undoubtedly higher today. In 1971, the Graduate School of Business (GSB) at Stanford acquired a dedicated time-sharing system to replace the time-sharing services provided by the Stanford Computation Center (SCC). A study of computer usage in the GSB and of the impact of the dedicated time-sharing system was con- ducted; detailed results may be found in. …

A Note On Adjusting, David B. Montgomery, D.G. Morrison

Research Collection Lee Kong Chian School Of Business

Whenever a regression analysis is run, one of the key statistics which is reported is the coefficient of determination or, as it is more commonly kn R2. This quantity represents the proportion of the variance of the dependent variable that is associated with ("explained by") the set of independent vari- ables. However, this statistic is a biased estimate of the true coefficient of determination for the underlying population. Moreover, the bias in unadjusted R2 can be sizeable and may lead to serious misinterpretation of research results. The purpose of this note is to examine the magnitude of the bias in …

The Ethical Investor By John G. Simon, Charles W. Powers And Jon P. Gunnemann, Howard Hunter

Research Collection Yong Pung How School Of Law

No abstract provided.

Man And Law In Urban Africa: A Role For Customary Courts In The Urbanization Process, David Nathan Smith

Research Collection Yong Pung How School Of Law

Among lawyers concerned with the development process in Africa,two assumptions are commonly made: (1) that urbanization is a one dimensionalphenomenon leading inexorably to urbanism on a westernmodel, and (2) that customary law and customary dispute-settling institutionshave no place in urban Africa.

Differential Tariffs, Negative Value-Added And The Theory Of Effective Protection, Augustine H. H. Tan

Research Collection School Of Economics

This article examines the implications for effective protection(EP) theory of allowing variable factor proportions and general equilibrium repercussions. The first claim of EP theory, is that it provides a measure of the maximum proportionate increase in factor rewards permitted by a tariff structure, as compared to a free trade regime. EP rates predict only a particular direction of resource flows whereas general equilibrium analysis, with variable input coefficients, indicates that flows contrary to EP prediction are possible. Two examples are provided, first, where there is a uniform tariff on final goods; and second, where one final sector has a higher …

Native Courts Of Northern Nigeria: Techniques For Institutional Development, David Nathan Smith

Research Collection Yong Pung How School Of Law

One of the first acts of Nigeria's new military Government followingthe coup d'etat that disposed of the previous Government on January 15,1966, was to announce that its ultimate goal with regard to judicial reformis to integrate the locally administered native courts into theRegional Governmental court structure. As a first step, the more than750 native courts of Northern Nigeria,' previously supervised by theMinistry of Justice, were placed under the supervision of the politicallyindependent Judicial Department. More recently, the native courts havebeen made independent of the native authorities, the local governmentunits, and the judicial powers of the Emirs' courts have been withdrawn.