Today's realities require medical institutions to take more careful account of intangible factors that make up an irreplaceable component of cultural characteristics. Changes in the socio-economic conditions of economic activity have led to increased attention of the management of medical institutions to the need to form a corporate style that will provide additional competitive advantages. The purpose of the study is to identify the functions and elements of the corporate style of a medical institution and its (...) subdivisions, to find out its impact on the collective consciousness and behavior of consumers of medical services and to establish requirements for its development. The methodological basis of the study is modern research on the formation of corporate style and its impact on the reputation and successful development of organizations. The main hypothesis of the study is the assumption that corporate style influences the level of recognition and authority of a medical institution. Summary of the main research material. It is proved that an authentic, working corporate style for a modern medical institution is a necessary element of its organizational culture. It is determined that the corporate style contributes to creating a positive image of a medical institution in the eyes of consumers; allows distinguishing a medical institution from other medical institutions with a similar range of services; strengthens the organizational spirit of medical staff; increases the effectiveness of advertising; and creates a favorable image of a medical institution. The originality and practical significance of the study lies in the fact that a comparative analysis of the elements of corporate style of city clinical hospitals in Dnipro, which are clearly implemented on the official pages on the Internet, was carried out. Conclusions and prospects for further research. The conducted research has made it possible to state that the considered medical institutions of the city of Dnipro do not pay the necessary attention to the formation of their own corporate style. Sporadic initiatives and events create the appearance of the existence of a corporate style of a medical institution, but do not ensure the existence of such a corporate style that would work to increase the recognition and authority of a medical institution. (shrink)

In view of the philosophical problems that vex the debate on situated affectivity, it can seem wise to focus on simple cases. Accordingly, theorists often single out scenarios in which an individual employs a device in order to enhance their emotional experience, or to achieve new kinds of experience altogether, such as playing an instrument, going to the movies or sporting a fancy handbag. I argue that this narrow focus on cases that fit a ‘user/resource model’ tends to channel attention (...) away from more complex and also more problematic instances of situated affectivity. Among these are scenarios in which a social domain draws individuals into certain modes of affective interaction, often by way of attunement and habituation to affective styles and interaction patterns that are normative in the domain in question. This can lead to a phenomenon that is not so much ‘mind extension’ than ‘mind invasion’: affectivity is dynamically framed and modulated from without, often contrary to the prior orientations of the individuals in question. As an example, I discuss affective patterns prevalent in today’s corporate workplace. I claim that workplace affect sometimes contributes to what is effectively a ‘hack’ of employees’ subjectivity. (shrink)

The aesthetic construction of the world can originally be traced back to the bodily-affective state of being in the surroundings. In this respect, the newly developed aesthetic concept atmosphere enables a new understanding of the interaction between sensation, emotion and the environment, and is therefore of great importance for the development of a contemporary environmental awareness. In reviewing the studies so far, it would be meaningful to further reflect on the following questions: what role does the spiritual dimension play in (...) atmospheric experience? How is it possible for us to be critical of the atmosphere we encounter? How can a bodily-affective approach to the world be opened up by emphasizing atmospheric experience without excluding other legitimate aspects such as value judgments? These issues require re-examination of the current basic approach, according to which, on the one hand, atmospheric experience is largely confined to a pre-reflective level, and, on the other hand, sensation and awareness of atmosphere are viewed as occurring one after another. Practically, in the experience of atmosphere, corporeality and spirituality are not so clearly delineated, based on the fact that sensory recognition of external stimuli always merges with mental actions such as cognition, imagination, beliefs, values, memory and expectation. In this sense, the experience of atmosphere is not a purely biophysiological response at all. Instead, it is largely shaped by spiritual elements and cultural frameworks. The knowledge of traditions, customs, languages, religions, stories, folklore and/or mythology may modify the ordinary perception of things and thus open an unusual way to the atmosphere. The complexity of atmosphere and atmospheric perception reveals a diversity of life experience that can never be thoroughly represented and described, and thus largely opens up new horizons for an interculturally oriented aesthetics. (shrink)

The article is aimed at studying environmental responsibility of multinational enterprises in electronics and IT sectors. The main aspects of environmental policy of global business enterprises have been systematized, their characteristics for such high-tech market leaders as Alphabet Inc, IBM and Intel Corporation have been given. Corporate policies have been analyzed and compared in three aspects of environmental activity of the companies selected for this study: waste recycling, energy use and environmental impact. The results of the analysis of eco-responsible (...) companies’ practices show that each company forms management style and tools by implementing environmental responsibility, but none of them has managed to hold higher positions in the ranking of business environmental responsibility. Reserves for activating eco-oriented companies’ policy in IT sector have been identified. (shrink)

The present piece, first presented on 19 November 2016 at the Centre Léon Robin (CNRS-Univ. Paris-Sorbonne-ENS Ulm) as part of the“Présocratiques” Seminar, is an investigation of the relationship between Empedocles and Freud. The analysis is divided into three parts: the first section examines the nature of Freud’s engagement with Empedocles; next, consideration is given to the similarities between their doctrines, based on the extant fragments of the Empedoclean corpus; finally, I offer a series of observations about Empedocles’ poetic style, (...) which shares strong affinities with the spoken word in a manner typical of the oral tradition and is freighted with corporeal and emotional significance. It is here that we see the emergence of one of the key concepts of psychoanalysis: the relationship between logos and alogon, between that which can be rationally analysed and that which can be intuited but which eludes the domain of logos. (shrink)

Corporate social responsibility (CSR) is one of the most prominent concepts in the literature and, in short, indicates the positive impacts of businesses on their stakeholders. Despite the growing body of literature on this concept, the measurement of CSR is still problematic. Although the literature provides several methods for measuring corporate social activities, almost all of them have some limitations. The purpose of this study is to provide an original, valid, and reliable measure of CSR reflecting the responsibilities (...) of a business to various stakeholders. Based on a proposed conceptual framework of CSR, a scale was developed through a systematic scale development process. In the study, exploratory factor analysis was conducted to determine the underlying factorial structure of the scale. Data was collected from 269 business professionals working in Turkey. The results of the analysis provided a four-dimensional structure of CSR, including CSR to social and nonsocial stakeholders, employees, customers, and government. (shrink)

The way we experience, investigate and interact with reality changes drastically in the course of history. Do such changes occur gradually, or can we pinpoint radical turns, besides periods of relative stability? Building on Oswald Spengler, we zoom in on three styles in particular, namely Apollonian, Magian and Faustian thinking, guided by grounding ideas which can be summarised as follows: “Act in accordance with nature”, “Prepare yourself for the imminent dawn and “Existence equals will to power”. Finally, we reach the (...) present. How to characterise the new era we entered round the year 2000? (shrink)

How Propaganda Became Public Relations pulls back the curtain on propaganda: how it was born, how it works, and how it has masked the bulk of its operations by rebranding itself as public relations. Cory Wimberly uses archival materials and wide variety of sources — Foucault’s work on governmentality, political economy, liberalism, mass psychology, and history — to mount a genealogical challenge to two commonplaces about propaganda. First, modern propaganda did not originate in the state and was never primarily located (...) in the state; instead, it began and flourished as a for-profit service for businesses. Further, propaganda is not focused on public beliefs and does not operate mainly through lies and deceit; propaganda is an apparatus of government that aims to create the publics that will freely undertake the conduct its clients’ desire. Businesses have used propaganda since the early twentieth century to construct the laboring, consuming, and voting publics that they needed to secure and grow their operations. Over that time, corporations have become the most numerous and well-funded apparatuses of government in the West, operating privately and without democratic accountability. Wimberly explains why liberal strategies of resistance have failed and a new focus on creating mass subjectivity through democratic means is essential to countering propaganda. This book offers a sophisticated analysis that will be of interest to scholars and advanced students working in social and political philosophy, Continental philosophy, political communication, the history of capitalism, and the history of public relations. (shrink)

Recently, a number of people have argued that certain entities embodied by groups of agents themselves qualify as agents, with their own beliefs, desires, and intentions; even, some claim, as moral agents. However, others have independently argued that fully-fledged moral agency involves a capacity for reactive attitudes such as guilt and indignation, and these capacities might seem beyond the ken of “collective” or “ corporate ” agents. Individuals embodying such agents can of course be ashamed, proud, or indignant about (...) what the agent has done. But just as an entity needs to have its own beliefs, desires, and intentions to qualify as a bona fide agent, the required capacity for reactive attitudes is a capacity to have one’s own reactive attitudes. If fully-fledged moral agency requires reactive attitudes, the corporate agent must itself be capable of guilt and indignation. In this paper, we argue that at least certain corporate agents are. Or, more precisely, we argue that if there are bona fide corporate agents, these agents can have the capacities that are both associated with guilt and indignation and plausibly required for moral agency; in particular certain epistemic and motivational capacities. (shrink)

Epistemic agents interact with evidence in different ways. This can cause trouble for mutual understanding and for our ability to rationally engage with others. Indeed, it can compromise democratic practices of deliberation. This paper explains these differences by appeal to a new notion: epistemic styles. Epistemic styles are ways of interacting with evidence that express unified sets of epistemic values, preferences, goals, and interests. The paper introduces the notion of epistemic styles and develops a systematic account of their nature. It (...) then discusses the implications of epistemic styles for central questions in epistemology, in particular, for issues surrounding rational engagement and for the debate between virtue epistemologists and epistemic situationists. (shrink)

Corporations have often been taken to be the paradigm of an organization whose agency is autonomous from that of the successive waves of people who occupy the pattern of roles that define its structure, which licenses saying that the corporation has attitudes, interests, goals, and beliefs which are not those of the role occupants. In this essay, I sketch a deflationary account of agency-discourse about corporations. I identify institutional roles with a special type of status function, a status role, in (...) which the collectively accepted function is expressed in part through its occupier’s intentional expression of her agency in that role. I identify institutions as systems of status roles and show how this is compatible with seeing the agency of institutions generally, even over time periods in which there is complete change in role occupiers, as a matter of the contributions only of individual agents. I explain how the reduction of the institution to its members is compatible with its potentially having had a completely different membership. I show in the case of the corporation in particular that, once we see its origins and function, the surface features of legal discourse about corporate agency are misleading and are compatible with a deflationary account of corporate agency. I show in connection with this that the corporation is to be identified with its shareholders, and that where a corporation separates ownership and control, its managers and employees are proxy agents of the shareholders doing business under the corporate form. Finally, I canvass the legitimate ways of construing ordinary talk about corporate intention, belief, and so on, in light of this, none of which support the attribution of genuine agency or intentionality to any group per se associated with the corporation. (shrink)

At first glance there seem to be many similarities between Thomas S. Kuhn’s and Ludwik Fleck’s accounts of the development of scientific knowledge. Notably, both pay attention to the role played by the scientific community in the development of scientific knowledge. But putting first impressions aside, one can criticise some philosophers for being too hasty in their attempt to find supposed similarities in the works of the two men. Having acknowledged that Fleck anticipated some of Kuhn’s later theses, there seems (...) to be a temptation in more recent research to equate both theories in important respects. Because of this approach, one has to deal with the problem of comparing the most notable technical terms of both philosophers, namely ‘‘thought style’’ and ‘‘paradigm’’. This paper aims at a more thorough comparison between Ludwik Fleck’s concept of thought style and Thomas Kuhn’s concept of paradigm. Although some philosophers suggest that these two concepts are essentially equal in content, a closer examination reveals that this is not the case. This thesis of inequality will be defended in detail, also taking into account some of the alleged similarities which may be responsible for losing sight of the differences between these theories. (shrink)

What is it for a person to have style? Philosophers working in action theory, ethics, and aesthetics are surprisingly quiet on this question. I begin by considering whether theories of artistic style shed any light on it. Many philosophers, artists, and art historians are attracted to some version of the view that artistic style is the expression of personality. I clarify this view and argue that it is implausible for both artistic style and, suitably modified, personal (...) style. In fact, both theories of style crack along the same line, which suggests that they can indeed be mutually illuminating. I articulate and defend a view of personal style according to which, roughly, having style is a matter of expressing one’s ideals. I show how this illuminates the widely neglected value of personal style and propose a new, analogous theory of individual artistic style: artistic style is the expression of the ideals the artist has for her art. (shrink)

Authors critical of corporate power focus almost exclusively on one solution: bringing it under democratic control. However important this is, there are at least two other options, which are rarely discussed: reducing powerful firms’ size and influence, or accepting corporate power as a necessary evil. This article provides a comparative perspective for evaluating all three options. It argues that the trade-offs we face in responding to corporate power have a trilemmatic structure. The pure strategies of accepting powerful (...) firms, breaking them up, or rendering them more accountable are each incompatible with one of three important values: power balance, economies of scale, and minimizing agency costs, respectively. While the latter two concepts are purely economic and efficiency-based, the value of power balance can be grounded in a variety of reasons. Different normative interpretations of power balance are discussed, along with their implications for policy choices within the trilemma. (shrink)

What is artistic style? In the literature one answer to this question has proved influential: the view that artistic style is the expression of personality. In what follows we elaborate upon and evaluatively compare the two most plausible versions of this view with a new proposal—that style is the expression of the artist’s ideals for her art. We proceed by comparing the views’ answers to certain questions we think a theory of individual artistic style should address: (...) Are there limits on what range of features can figure in a style? Can flaws be stylistic? Are there limits on the range of art forms across which a given style can be exhibited? To what extent is a style a kind of unity, and why? What makes style an artistic achievement? Why do we care about style? By considering the different views' answers to these questions we argue that our proposal is a workable theory of individual style and suggest that it fares better on the whole than both versions of the influential and widely accepted view. (shrink)

Most business ethicists maintain that corporate actors are subject to a variety of moral obligations. However, there is a persistent and underappreciated concern that the competitive pressures of the market somehow provide corporate actors with a far-reaching excuse from meeting these obligations. Here, we assess this concern. Blending resources from the history of philosophy and strategic management, we demonstrate the assumptions required for and limits of this excuse. Applying the idea of ‘the state of nature’ from Thomas Hobbes, (...) we suggest that corporate actors would be excused from duties if complying with them threatened their vital interests. We show how this excuse is not available for most individuals within firms; instead, it is an excuse perhaps available to firms themselves, but only given substantive assumptions about corporate personhood. For those willing to make these assumptions, we apply the competitive advantage construct to delimit the scope of this excuse. We suggest that firms are excused from fulfilling an obligation when complying leads to a competitive disadvantage, as this imperils the firm’s vital interests. After revealing why this excuse does not generalize, we conclude by considering when we should reform the market to avoid the legitimacy of this excuse. (shrink)

This study investigates the relationship between personality traits and coping styles among college students in private higher educational institution. Hence, employing correlational design to assess the relationship between coping styles and personality of 150 college students. The statistical analysis reveals that the r coefficient of 0.54 indicates a moderate positive correlation between the variables. The p-value of 0.00, which is less than 0.05, leads to the decision to reject the null hypothesis. Hence, a significant relationship exists between coping style (...) and personality traits among fourth-year college students in a private state university. (shrink)

The question as to whether Ian Hacking’s project of scientific styles of thinking entails epistemic relativism has received considerable attention. However, scholars have never discussed it vis-à-vis Wittgenstein. This is unfortunate: not only is Wittgenstein the philosopher who, together with Foucault, has influenced Hacking the most, but he has also faced the same accusation of ‘relativism’. I shall explore the conceptual similarities and differences between Hacking’s notion of style of thinking and Wittgenstein’s conception of form of life. It is (...) a fact that whether or not the latter entails epistemic relativism is still a controversial question. From my comparative analysis, it will emerge that there are stronger reasons to conclude that Hacking’s notion of style leads to epistemic relativism than there are to reach the same conclusion in the case of Wittgenstein’s conception of form of life. This point will be at odds with the anti-relativistic stance that Hacking has taken in his more recent writings. (shrink)

‘Frankfurt-style cases’ (FSCs) are widely considered as having refuted the Principle of Alternate Possibilities (PAP) by presenting cases in which an agent is morally responsible even if he could not have done otherwise. However, Neil Levy (J Philos 105:223–239, 2008) has recently argued that FSCs fail because we are not entitled to suppose that the agent is morally responsible, given that the mere presence of a counterfactual intervener is enough to make an agent lose responsibility-grounding abilities. Here, I distinguish (...) two kinds of Frankfurt counter-arguments against the PAP: the direct and the indirect counter-arguments. I then argue that Levy’s argument, if valid, can shed doubt on the indirect argument but leaves the direct argument untouched. I conclude that FSCs can still do their job, even if we grant that the mere presence of a counterfactual intervener can modify an agent’s abilities. (shrink)

Social studies of science have often treated natural field sites as extensions of the laboratory. But this overlooks the unique specificities of field sites. While lab sites are usually private spaces with carefully controlled borders, field sites are more typically public spaces with fluid boundaries and diverse inhabitants. Field scientists must therefore often adapt their work to the demands and interests of local agents. I propose to address the difference between lab and field in sociological terms, as a difference in (...) style. A field style treats epistemic alterity as a resource rather than an obstacle for objective knowledge production. A sociological stylistics of the field should thus explain how objective science can co-exist with radical conceptual difference. I discuss examples from the Canadian North, focussing on collaborations between state wildlife biologists and managers, on the one hand, and local Aboriginal Elders and hunters, on the other. I argue that a sociological stylistics of the field can help us to better understand how radically diverse agents may collaborate across cultures in the successful production of reliable natural knowledge. (shrink)

Can a group be morally responsible instead of, or in addition to, its members? An influential defense of corporate responsibility is based on results in social choice theory suggesting that a group can form and act on attitudes held by few, or even none, of its members. The members therefore cannot be (fully) responsible for the group’s behavior; the group itself, as a corporate agent, must be responsible. In this paper, I reject this view of corporate responsibility (...) by showing how it pays insufficient attention to individual agency. By accounting for group members’ strategic behavior, we shall see how they control collective attitude formation and are therefore responsible for their group’s behavior. (shrink)

I describe a phenomenon that has not yet been described in the epistemology literature. I label this phenomenon expression-style exclusion. Expression-style exclusion is an example of how s...

Commentary on Pablo Hubacher Haerle’s paper “Is OCD Epistemically Irrational?”. I argue for expanding our assessment of rationality in OCD by considering a wider range of epistemic parameters and how they fit together.

Until now, philosophical debate about human embryonic stem cell (hESC) research has largely been limited to its ethical dimensions and implications. Although the importance and urgency of these ethical debates should not be underestimated, the almost undivided attention that mainstream and feminist philosophers have paid to the ethical dimensions of hESC research suggests that the only philosophically interesting questions and concerns about it are by and large ethical in nature. My argument goes some distance to challenge the assumption that ethical (...) considerations alone must be foregrounded in philosophical discussions about hESC research by introducing a critical stance on the epistemological and ontological assumptions that underlie and condition it. A central aim of the paper is to show how Foucault's insights into knowledge-power, taken in combination with Hacking's claims about styles of reasoning, can make these assumptions evident, as well as cast light on their potentially deleterious implications for disabled people. Arguing in this way also enables me to draw out constitutive effects of research on stem cells, that is, to indicate how the discursive practices surrounding research on stem cells, as well as the technology itself, contribute to the constitution of impairment. (shrink)

There are two main questions that any account of corporate lawyers’ moral obligations needs to answer: (1) Do corporate lawyers have moral obligations to third parties? and (2) In cases of conflict between obligations to the corporation and obligations to third parties, which should prevail? This Article offers answers to these questions in the context of lawyers working in medical corporations. I argue that lawyers do have moral obligations to third parties, and that in cases where patients’ rights (...) are being violated by a medical company, patients’ rights should prevail. Consequently, attorney–client confidentiality rules should be relaxed to allow for attorney disclosures in egregious cases of potential harm to third parties. (shrink)

People have disagreed on the significance of Libet-style experiments for discussions about free will. In what specifically concerns free will in a libertarian sense, some argue that Libet-style experiments pose a threat to its existence by providing support to the claim that decisions are determined by unconscious brain events. Others disagree by claiming that determinism, in a sense that conflicts with libertarian free will, cannot be established by sciences other than fundamental physics. This paper rejects both positions. First, (...) it is argued that neuroscience and psychology could in principle provide support for milder deterministic claims that would also conflict with libertarian free will. Second, it is argued that Libet-style experiments—due to some of their peculiar features, ones that need not be shared by neuroscience as a whole—currently do not support such less demanding deterministic claims. The general result is that neuroscience and psychology could in principle... (shrink)

Since the global financial crisis in 2008, corporations have faced a crisis of trust, with growing sentiment against ‘elites and ‘big business’ and a feeling that ‘something ought to be done’ to re-establish public regard for corporations. Trust and trustworthiness are deeply moral significant. They provide the ‘glue or lubricant’ that begets reciprocity, decreases risk, secures dignity and respect, and safeguards against the subordination of the powerless to the powerful. However, in deciding how to restore trust, it is difficult to (...) determine precisely what should be done, by whom, and who will bear the cost, especially if any action involves a risk to overall market efficiency and corporate profitability. The paper explores whether corporations have a moral duty to be trustworthy, to bear the cost of being so and thus contribute to resolving the current crisis of trust. It also considers where the state and other social actors have strong reason to protect and enforce such moral rights, while acknowledging that other actors have similar obligations to be trustworthy. It outlines five ‘salient factors’ that trigger specific rights to trustworthiness and a concomitant duty on corporations to be trustworthy: market power, subordination (threat and intimidation), the absence of choice, the need to preserve systemic trust, and corporate political power which might undermine a state’s legitimacy. Absent these factors and corporations do not have a general duty to be trustworthy, since a responsible actor in fair market conditions should be able to choose between the costs and benefits of dealing with generally trustworthy corporations. (shrink)

Ian Hacking defines a “style of scientific thinking” loosely as a “way to find things out about the world” characterised by five hallmark features of a number of scientific template styles. Most prominently, these are autonomy and “self-authentication”: a scientific style of thinking, according to Hacking, is not good because it helps us find out the truth in some domain, it itself defines the criteria for truth-telling in its domain. I argue that Renaissance medicine, Mediaeval “demonology”, and magical (...) thinking pass muster as scientific according to Hacking's criteria. However, application of these thought styles to the entities they introduce generates statements that logically imply a set of “ordinary” statements—or what Bernard Williams calls “plain truths”—which, contra the claims of autonomy and self-authentication, allows styles to be assessed from a style- independent perspective. Using Williams’ notion of plain truth, I show that Renaissance medicine, demonology, and magical thinking, in reality issue in many plain falsehoods. This confronts us with what I call Hacking's dilemma: either define stricter necessary conditions on being a style of scientific thinking, or concede that some styles albeit scientific are not as good at finding things out about the world as others. I make three suggestions to deal with the dilemma. (shrink)

Any effort to specify identity conditions for corporations faces significant challenges. Corporations are amorphous. Nature draws no hard lines defining where they start or stop, whether in space or time. Corporations are also frustratingly dynamic. They often change the most basic aspects of their composition by exchanging parts, splitting and merging, changing ownership, and reworking fundamental internal operations. -/- Even so, we apply corporate identity conditions all the time. Both law and common intuition recognize that corporations do things—like pollute (...) environments or mislabel addictive medications—that call for judgment. Imposing judgment on corporations presupposes some implicit view of corporate identity that allows us to say, “This corporation that we now judge is the same one that misbehaved.” -/- This chapter draws on evidence from court decisions and experimental philosophy to unpack the fundamentally different visions of corporate identity implicitly encoded in law and in common intuition. The discrepancies suggest important lessons for lawmakers and corporate managers. (shrink)

While researchers in business ethics, moral philosophy, and jurisprudence have advanced the study of corporate agency, there have been very few attempts to bring together insights from these and other disciplines in the pages of the Journal of Business Ethics. By introducing to an audience of business ethics scholars the work of outstanding authors working outside the field, this interdisciplinary special issue addresses this lacuna. Its aim is to encourage the formulation of innovative arguments that reinvigorate the study of (...) corporate agency and stimulate further cross-fertilization of ideas between business ethics, law, philosophy, and other disciplines. (shrink)

In the correspondence with Arnauld, Leibniz contends that each corporeal substance has a substantial form. In support he argues that to be real a corporeal substance must be one and indivisible, a true unity. I will show how this argument precludes a tempting interpretation of corporeal substances as composite unities. Rather it mandates the interpretation that each corporeal substance is a single monad.

How can we know whether we are punishing the same corporation that committed some past crime? Though central to corporate criminal justice, legal theorists and philosophers have yet to address the basic question of how corporate identity persists through time. Simple cases, where crime and punishment are close in time and the corporation has changed little, can mislead us into thinking an answer is always easy to come by. The issue becomes more complicated when corporate criminals undergo (...) any number of transformations—rebranding, spinning-off a division, merging, changing ownership, changing management, swapping lines of business, etc. These changes are common among all corporations, including those trying to conceal or limit liability for past crimes. This article takes a first step toward developing a workable and philosophically satisfying theory of corporate personal identity and discusses its prospects for fulfilling the retributive, rehabilitative, and deterrent purposes of criminal law. (shrink)

The corporate meltdowns of this and the previous decade in the US - WorldCom, Enron, Tyco, and in Australia - FAI, HIH and AWB being among the many examples - have resulted in the governments of those two countries introducing legislation and policy guidelines aimed at minimising future corporate misbehaviour. -/- The US has introduced the Sarbanes Oxley Act, with requirements on corporate accountants and auditors, as well as its whistleblowing provisions. It has revised the Federal Sentencing (...) Guidelines for Organizations. New rules for the NYSE and NASDAQ have also been introduced. In addition, the U.S. Securities and Exchange Commission and U.S. Department of Justice have further strengthened the Foreign Corrupt Practices Act 1977, last revised in 1997. -/- Australia has revised the Corporations Act to include whistleblower protection clauses as well as adopted the ASX Corporate Governance guidelines. Standards Australia has issued its handbook on corporate governance. Although not a business issue, the Australian government has also announced that it will introduce whistleblower protection legislation for the public sector by the end of its first term in office. This legislation will likely influence whatever the private sector does in this respect. The inclusion of whistleblower protection in both Sarbanes–Oxley and the Corporations Act reflects a growing body of research that finds that people internal to an organisation are the most effective way to identify corporate wrongs. The Commonwealth Treasury has recently issued an options paper, stating that the Corporations Act has been ineffectual. It has sought submissions on revisions to the legislation that the Australian Government could take. This paper examines the policies advocated by over 20 organisations and academics concerned with whistleblowing issues. It draws the conclusion that on current indications, even after further reform, Australian legislation and policies are still likely to be less effectual than overseas practices. -/- --------------------------------- . (shrink)

This essay re-examines the once promising idea that style analysis can provide an independent source of insight into an artifact's non-stylistic context. The essay makes explicit the consequences of treating collective style as such a source in archaeology and anthropology of art, and further develops a new framing for the idea that avoids the criticisms largely responsible for the decline in theoretical interest in the epistemic import of visual style analysis since World War II. This re-framing proposes (...) that inference from style to context is permissible on those occasions when a collective style signals by its morphology its suitability to serve a certain function. And it does so because it prescribes publicly certain modes of behavior or spectatorship. Furthermore, the public nature of the signaling may be such that it allows even uninitiated spectators to get a sense of it and thus to gain access to some of the motivations and norms informing the collective's form of life. (shrink)

Corporate bond appeared in 1992-1994 in Vietnamese capital markets. However, it is still not popular to both business sectors and academic circles. This paper explores different dimensions of Vietnamese corporate bond market using a unique and perhaps, most complete data set. State not only intervenes in the bond markets with its powerful budget and policies but also competes directly with enterprises. The dominance of state-owned enterprises and large corporations also prevents small and medium enterprises from this debt financing (...) vehicle. Whenever a convertible term is available, bondholders are more willing to accept lower fixed income payoff. But they would not likely stick to it. On the one hand, prospective bondholders could value the holdings of equity when realized favourably ex ante. On the other hand, the applicable coupon rate for such bonds could turn out negative inflation-adjusted payoff when tight monetary policy is exercised and the corresponding equity holding turns out valueless, ex post. Given the weak primary market and virtually non-existent secondary market, the corporate bond market in Vietnam reflects our perception of the relationship-based and rent-seeking behaviour in the financial markets. For the corporate bonds to really work, they critically need a higher level of liquidity to become truly tradeable financial assets. Updated entries in 2010 affirm the findings and conclusions. (shrink)

In May 2021, Royal Dutch Shell was ordered by the Hague District Court to significantly reduce its CO2 emissions. This ruling is unprecedented in that it attributes the responsibility for mitigating climate change directly to a specific corporate emitter. Shell neither directly causes climate change alone nor can alleviate it by itself; therefore, what grounds this responsibility attribution? I maintain that this question can be answered via Young’s social connection model of responsibility for justice. I defend two claims: First, (...) I argue that the model explains Shell’s connection to climate change and that this relationship grounds Shell’s responsibility. Second, by identifying a way in which the social connection model could be applied to corporations in legal practice, I further develop Young’s model. I question Young’s distinction between political and legal responsibility for justice and propose that courts could mediate citizens’ actions regarding political responsibilities. (shrink)

Frankfurt style examples (FSEs) have played an important role in the development of metaphysical accounts of moral agency. The legitimacy of this approach often requires that FSEs be metaphysically possible. I argue that, given our current knowledge of the nature of decision-making, we have no grounds to accept the metaphysical possibility of many standard FSEs involving a device that can be triggered to bring about a predetermined decision.

The Call for Papers for this conference suggests the topic, “international codes of business conduct.” This paper is intended to present a shift from a discussion of codes, or constraints to be placed upon business, to an entirely different topic: to responsibility, which yields duty, and the reciprocal concept, right. Beyond the framework of external regulation and codes of conduct, voluntary or otherwise, lies another possible accounting system: one of real corporate responsibility, which arises out of the evident capability (...) of businesses to engage in rationally self-regulated activity. If such responsibility can be shown to be comprehensible, then it could bind the activities of corporations ethically, and in rationally compelling legitimate law, just as your activities and mine are bound. Perhaps we can bind the officers of corporations as responsible persons, but I would like to introduce an undiminished conception of responsibility that will back legitimate law for the corporations themselves, as artificial persons. That is the purpose of Part 1 of this paper. In Part 2 I will turn to the case of multinational corporations in particular. I will draw conclusions regarding their general duties and rights, and will dip explicitly into ethical formulations, as well as the ground of legitimate law. I will also indicate a particular rational requirement, or duty, for politically and environmentally sustainable business practices of multinationals. In Part 3 I will discuss jurisdiction for instituting legal sanctions in multinational cases. I will argue that the national laws and civil suits that may be pursued within a court in one nation can actually stand as legitimate checks against abuses carried out by the arms of multinational corporations that reside in other nations. (shrink)

In its January 20th, 2010 decision in Citizens United vs. Federal Election Commission, the United States Supreme Court ruled that certain restrictions on independent expenditures by corporations for political advocacy violate the First Amendment of the Constitution, which provides that “Congress shall make no law […] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Justice Kennedy, writing for the 5-4 majority, (...) held that “[b]y suppressing the speech of manifold corporations, both for-profit and non-profit, the Government prevents their voices and view-points from reaching the public and advising voters on which person or entities are hostile to their interests” (Citizens United vs. Federal Election Commission 558 U.S. 38-9 (2010); emphasis added). Much of the language of the opinion, and some of its reasoning, as this passage illustrates, presupposes that corporations are agents capable of speech, and that it is (at least in part) in the light of this that limitations on political advocacy by corporations are prohibited by the Constitution. -/- While there are other strands in the argument, they are interwoven with the conception of the corporation as agent and speaker, with its voice and its viewpoints. The dissenters on the court objected on precisely this point (among others). Justice Stevens wrote sarcastically in his dissent, joined by Justices Ginsburg, Breyer, and Sotomayor, that “[u]nder the majority’s view, I suppose it may be a First Amendment problem that corporations are not permitted to vote, given that voting is, among other things, a form of speech” (558 U.S. 33 (2010)). Justice Sotomayor suggested in oral argument that the Court’s century-old practice of treating corporations as persons rests on a conceptual mistake. -/- My concern in this essay is not with the question whether the restrictions violate the Constitution. There are many issues that bear on this which will be outside the scope of my discussion. My concern is with the proper conceptual framework for understanding the agency of corporations and corporate speech, and the role that conceptions of these play in the background of the majority’s reasoning. The issue is legal, but it also has philosophical, conceptual and semantic aspects. It will be the latter aspects, and their potential to shed light on legal reasoning, that are my main focus. An adequate framework requires saying what properly speaking the corporation is, how agency is expressed through the corporation, whose agency it is, centrally whether the corporation is an agent or person in its own right, and in what sense it can be said to be capable of speech. I draw on recent work in collective action theory, particularly with respect to the semantics of collective action sentences (Ludwig 2007) and the analysis of the proxy agency in collective action (Ludwig 2014), to show (i) that corporations are neither genuine agents nor (therefore) capable of engaging in genuine speech, (ii) that consequently the First Amendment does not apply to corporations per se, and (iii) that a better understanding of the mechanisms of corporate agency casts doubt on more indirect arguments for extending the First Amendment to “corporate speech” as well. (shrink)

While most discussions of corruption focus on administration, institutions, the law and public policy, little attention in the debate about societal reform is paid to the “internalities” of anti-corruption efforts, specifically to character-formation and issues of personal and corporate integrity. While the word “integrity” is frequently mentioned as the goal to be achieved through institutional reforms, even in criminal prosecutions, the specifically philosophical aspects of character-formation and the development of corporate and individual virtues in a rational and systematic (...) way tend to be neglected. This paper focuses on the “internalities” of anti-corruption work with special emphasis on the pre-requisites that need to be ensured on behalf of the social elites in order for proper individual and collective character- formation to take place throughout the society. The author argues that a systematic pursuit of socially recognised virtues, both those pertaining to society as a whole and those specific to particular professions and social groups, is the most comprehensive and strategically justified way of pursuing anti-corruption policy, while institutional and penal policies can only serve an auxiliary role. The pursuit of institutional and criminal justice policies against corruption in a society that is subject to increasing relativism with regard to values and morality is at best ineffective, and at worst socially destructive. Thus the paper suggests a re-examination of the social discourse on the level of what the author calls “value strategy” and the gradual building of a plan to create and solidify specifically designed features of “corporate character” for key sectors of the society. This approach can serve as the main long-term strategy to improve the public profile of integrity and reinforce morality in both the public and civil sectors. (shrink)

ABSTRACTIn this article, we explore the debate on corporate citizenship and the role of business in global governance. In the debate on political corporate social responsibility it is assumed that under globalization business is taking up a greater political role. Apart from economic responsibilities firms assume political responsibilities taking up traditional governmental tasks such as regulation of business and provision of public goods. We contrast this with a subsidiarity-based approach to governance, in which firms are seen as intermediate (...) actors who have political co-responsibilities in society endowed upon them by national governmental institutions. We argue that both approaches face conceptual and empirical problems, and do not make clear the content and scope of political corporate responsibility. Based on Iris Marion Young’s account of political responsibility we argue that corporate actors and governmental actors have a shared responsibility to tackle societal problems. Taking political corporate responsibility not only entails engaging in private action or engaging in public–private partnerships, but it also includes aiding governmental actors to remedy injustice or even create public institutions where they do not yet exist. By adding this perspective we contribute to the debate on responsibility in corporate citizenship and clarify the political role business can play in global governance. (shrink)

This paper seeks to determine the extent of anti-corruption information disclosure in the sustainability reports originating from Gulf countries. Focus primarily on the fight against corruption, this study utilizes a deeply-rooted content analysis technique of corporate sustainability reporting, covering 66 Gulf Cooperation Council (GCC) firms during 2014. Strengthened by the application of institutional theory, insight into the results points to a state of limited maturity regarding the disclosure of anti-corruption procedures in the region. More specifically, the results highlight the (...) compliance in the reporting of conduct code, while reporting information on whistle-blowing was significantly less in comparison. Firms in Qatar and UAE ultimately release better informed reports; inclusive of detailed information on internal anti-corruption practices. (shrink)

The fear that business corporations have claimed unwarranted constitutional protections which have entrenched corporate power has produced a broad social movement demanding that constitutional rights be restricted to human beings and corporate personhood be abolished. We develop a critique of these proposals organized around the three salient rationales we identify in the accompanying narrative, which we argue reflect a narrow focus on large business corporations, a misunderstanding of the legal concept of personhood, and a failure to distinguish different (...) kinds of constitutional rights and the reasons for assigning them. Corporate personhood and corporate constitutional rights are not problematic per se once these notions are decoupled from biological, metaphysical, or moral considerations. The real challenge is that we need a principled way of thinking about the priority of human over corporate persons which does not reduce the efficacy of corporate institutions or harm liberal democracies. (shrink)

Because corporate social responsibility can be beneficial to both companies and its stakeholders, interest in factors that support CSR performance has grown in recent years. A thorough integration of CSR in core business processes is particularly important for achieving effective long-term CSR practices. Here, we explored the individual CSR-related competencies that support CSR implementation in a corporate context. First, a systematic literature review was performed in which relevant scientific articles were identified and analyzed. Next, 28 CSR directors and (...) managers were interviewed. The literature review complemented with interview data resulted in the following eight distinct CSR-related competencies: Anticipating CSR challenges; Understanding CSR-relevant systems and subsystems; Understanding CSR-relevant standards; CSR management competencies, including Leading CSR programs, Managing CSR programs, and Identifying and realizing CSR-related business opportunities; Realizing CSR-supportive interpersonal processes; Employing CSR-supportive personal characteristics and attitudes; Personal value-driven competencies, including Ethical normative competencies, Balancing personal ethical values and business objectives, and Realizing self-regulated CSR-related behaviors and active involvement; and Reflecting on personal CSR views and experiences. Based on these results, implications for further research on this topic, as well as implications for practitioners, are discussed. (shrink)

In the correspondence with Arnauld, Leibniz contends that each corporeal substance has a substantial form. In support he argues that to be real a corporeal substance must be one and indivisible, a true unity. I will show how this argument precludes a tempting interpretation of corporeal substances as composite unities. Rather it mandates the interpretation that each corporeal substance is a single monad.

Corporate social responsibility (CSR) has become a focal point for research aimed at extending business ethics to extra-corporate issues; and as a result many companies now seek to at least appear dedicated to one or another version of CSR. This has not affected the arms industry, however. For, this industry has not been discussed in CSR literature, perhaps because few CSR scholars have questioned this industry's privileged status as an instrument of national sovereignty. But major changes in the (...) organization of political communities call traditional views of sovereignty into question. With these considerations in mind I assess the U.S. arms industry on the basis of CSR requirements regarding the environment, social equity, profitability, and use of political power. I find that this industry fails to meet any of these four CSR requirements. Countering a claim that these failings should not be held against arms manufacturers because their products are crucial to national defense, I contend that many of these companies function not as dutiful agents of a nation-state but as politically powerful entities in their own right. So, I conclude, they should be held responsible for the foreseeable consequences that flow from use of their products. This responsibility should include civil liability and, in cases involving war crimes and violations of human rights, responsibility under international human rights standards. (shrink)

Ever since Freud pioneered the “talking cure,” psychologists of various stripes have explored how autobiographical narrative bears on self-understanding and psychic wellbeing. Recently, there has been a wave of philosophical speculation as to whether autobiographical narrative plays an essential or important role in the constitution of agentic selves. However, embodiment has received little attention from philosophers who defend some version of the narrative self. Catriona Mackenzie is an important exception to this pattern of neglect, and this paper explores Mackenzie’s work (...) on embodiment and self-narrative with the aim of better understanding the adequacy of autobiographical narrative as an account of the agentic self. I argue that Mackenzie’s narrative account of embodied subjectivity and agency is incomplete, for it over-estimates the reach of narrative and underestimates the cognitive and agentic powers of the lived body. (shrink)

The connection between leadership style, on the one hand, policing and perception of corruption, on the other hand, has received little attention in the literature on leadership theory and organizational processes. Hence, the aim of this study is to examine the relationship between transformational leadership and perception of corruption within the police institution, especially in this instance, the Nigeria Police Force. Based on a sampling process of cross sectional approach, the data were collected by administering questionnaires on 156 respondents (...) in Alausa police district in Lagos State. The descriptive result shows that while transformational leadership is practiced in the Nigeria Police Force, the perceived level of corruption remains high. Though in varying degree, the results indicate a positive correlation between the attributes of transformational leadership (charisma, individualized consideration and intellectual stimulation) and the dimensions of corruption. While charisma consistently has a positive influence on the facets of corruption, individualized consideration and charisma influence the dimension of transparency within the police force. In addition, individualized consideration influences the facet of crime. Thus, transformational leadership seems to play an important, but complex role in the reduction of corrupt practices within the police institution. The findings were discussed in the specific contexts of transformational leadership theory, organizational practices and police corruption. The practical implications for organizational development, police reform and crusade against police deviances were also underscored. (shrink)

Despite decades of theorising and empirical research, the problems of corporate governance seem intractable, particularly the relationships between investors and companies. The thought experiment in this paper asks us to look at the problem through a fresh lens. It draws on the quaint British legal custom of calling shareholders “members”, and then uses the political philosopher Michael Walzer’s idea of membership in states, clubs, neighbourhoods, and families to draw lessons for the corporate world. This paper suggests that seeing (...) how Walzer conceives “strangers” in a polity, with fewer rights but a path to membership, lets us rethink shareholder rights as something to be earned, through engagement and commitment, that is, through stewardship. Rethinking what membership of a company might mean points to a pragmatic escape from short-termism without institutional reform. (shrink)