This thesis consists of three papers examining determinants and implications of related party transactions (RPTs) in Vietnam, a transitional economy in South East Asia with features of concentrated state ownership and weak minority investor protection. Specifically, these papers describe RPTs and examine (i) the association between RPTs and state ownership, (ii) the association between the cost of corporate debt and RPTs, and the moderating role of state ownership on the association between the cost of debt and RPTs, (...) and (iii) the association between corporate tax avoidance and RPTs, and the moderating role of state ownership on this potential association. The first paper describes the nature and extent of RPTs in Vietnamese listed firms and examines the association between RPTs and state ownership. The results from this paper demonstrate that related party transactions are prevalent in Vietnam. Findings show that the presence of state ownership is related to a lower extent of RPTs. However, among firms with state ownership, the extent of RPTs is positively associated with percentage of state ownership. The second paper reveals that the cost of debt is higher in firms having a higher level of RPTs, implying that RPTs are viewed as a potential risk to firms from the point of view of lenders. However, the presence of state ownership can reduce the effect of RPTs on the cost of debt. The third paper provides evidence that firms with RPTs demonstrate more tax avoidance than their counterparts without RPTs. Further, among firms with RPTs, firms with a higher extent of related net credit and related sales are found to exhibit even higher levels of tax avoidance. However, the association between tax avoidance and RPTs is moderated by the presence of state ownership. Finally, in firms with RPTs, the presence of state ownership reduces tax avoidance measured by effective tax rates. (shrink)

Strudler rejects shareholder primacy and argues that, once contractual obligations have been fulfilled and shareholders have received a reasonable return on investment, corporate executives may use corporate wealth for the general good. He seeks to establish this claim via an argument that, contrary to the received view, shareholders do not own corporations. After raising some questions about the latter argument, this commentary goes on to argue that the question of corporate ownership is a red herring. The argument for (...) shareholder primacy that Strudler wants to reject does not rely on the premise that shareholders own the firm. (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)

This paper discusses the legal aspects of the activities of transnational corporations. The relevance of the subject matter is determined by the significant impact exerted by transnational corporations on the world economy in general and on the economic situation of the country in which such corporations are registered as a subject of legal form of ownership in particular. Quality functioning of transnational corporations is an effective factor for the formation of sustainable development. This study reveals (...) and determines the relationship between the scale of activity of transnational corporations and their legal status within the framework of both single countries and entire economic communities, the individual subjects of law of which are transnational corporations. The practical significance of this study lies in the possibility of identifying and stating key aspects that play a significant role in assessing the practical activities of transnational corporations in the context of existing legal law with the ability to use the identified patterns in specific legal practice. The results of this study can be of significant practical importance for employees in the field of legal support for the activities of transnational-scale corporations, who are faced with the need to deeply analyse the legal aspects of the activities of these organisations and provide management of such structures with timely, highquality legal recommendations regarding the correction of the activities of these organisations in the context of the existing legal field. (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 (...) class='Hi'>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)

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 purpose of this symposium is to shed light on the genealogy of the idea of a business corporation, an economic institution which has long been regarded with a mixture of awe and apprehension. Each of the four original contributions addresses the history of some of its key features. In the process, each contributor reveals some of the insights that history has to teach us regarding the central concepts that inform contemporary debates about the nature of the corporation, the contours (...) of the corporation's purpose, the sources of corporate power, the functions of corporate law, the duties of directors, the status of shareholders, and the legitimacy of corporate rights. (shrink)

Every organization, as they grow has many stakeholders like shareholders, employees, customers, vendors, community, etc. For survival and growth, they have to rely upon healthy relations with all these stockholders. Hence organizations need to provide good returns for shareholders but also good jobs for employees, reliable products for consumers, responsible relations with the community and a clean environment. -/- Business ethics is the application of general ethical principles to business dilemmas and encompasses a broader range of issues and concerns than (...) laws do, as everything that is legal is not ethical. Ethics involves learning what is right or wrong, and then doing the right thing -- but "the right thing" is not nearly as straightforward. -/- Business Ethics has the following purposes: - To give people the tools for dealing with moral complexity in business - Business decisions have an ethical component - Ethical implications must be weighed before acting -/- Corporate governance is concerned with the ownership, control and accountability of companies, and how the corporate pursuit of economic objectives relates to a number of wider ethical and societal considerations. It is the application of best management practices, compliance of law in true letter and spirit and adherence to ethical standards for effective management and distribution of wealth and discharge of social responsibility for sustainable development of all stakeholders. -/- Good Corporate Governance is key to Growing Profits and Reputation. It represents the relationship among stakeholders that is used to determine and control the strategic direction and performance of organizations. Accountability is a key element as well as requirement for corporate governance, fortifying the latter in such a way that it provides a transparent template for governing critical decisions, procedures, and activities. -/- Corporate Governance deals with the questions: (1) Who benefits from corporate decisions/senior management actions? (2) Who should benefit from corporate decisions/senior management actions? -/- There are a number of reasons why businesses should act ethically .As behavior is based on values priorities, a mutual effort at all levels to deal with corporate ethics begins with a clear understanding of core values, both individually and organizationally. -/- Good corporate governance begins with a company's own internal practices and policies. While corporate governance issues are common across organizations, each company requires governance principles that are unique in their approach. Good governance is, ultimately, the sine qua non for continued growth and prosperity. -/- Corporate governance ensures that long term strategic objectives and plans are established and that the proper management structure is in place. Companies that provide good governance, both in terms of practices and results can expect the backing not only of investors but of customers too. -/- Corporate Governance represents the moral framework, the ethical framework and the value framework under which an enterprise takes decisions. In the long run ethical behavior has a positive impact on the company's performance. -/- This paper discusses the elements of corporate governance, inter-relationship between business ethics and corporate governance with reference to some of the Indian companies over the years and their impact in this era of globalization and liberalization. (shrink)

This paper provides an examination of some problems caused by the concentration of influence in the capital markets of developed countries. In particular, I argue that large asset managers exercise quasi-political power that is not democratically legitimate. In section two, I will examine the economic driver behind the size and power of the big asset managers: the passive investing revolution. I will discuss several respects in which this revolution has fundamentally changed capital markets, most notably by making a large share (...) of investors universal owners. In the third section, I argue for my central analytical conjecture: asset managers exercise quasi-political power. They use their influence to shape the rules of the game in public capital markets in order to implement social and environmental policies that have traditionally been the exclusive purview of states. “Asset manager capitalism” is a recent term coined to refer to the contemporary system of corporate governance that succeeded the Berle and Means corporation with its dispersed ownership; the argument of this section is that asset manager capitalism is also a new political-economic regime. In the fourth section I defend my central normative claim: asset manager capitalism is an untenable and illegitimate political-economic arrangement, for at least two reasons. First, the power of asset managers is not checked by any institutional constraints, and is not rendered legitimate by any democratic process. More fundamental than this procedural critique is an argument that the interests of asset managers could not be aligned with the public interest, given the fact that the distribution of capital is highly unequal. I conclude by discussing several proposals to reform asset manager capitalism. (shrink)

The authors of the book have come to the conclusion that it is necessary to effectively use modern approaches the management of competitiveness the economic entities in order to increase the efficiency of using the resource potential, formation of competitive advantages and development strategies. Basic research focuses on economic diagnostics of ensuring the competitiveness of economic entities, marketing and logistics, analysis of energy-efficient potential, assessment of development potential. The research results have been implemented in the different models of inventory management, (...) corporate social responsibility management, business process management and project management. The results of the study can be used in decision-making at the level the economic entities in different areas of activity and organizational-legal forms of ownership, ministries and departments that promote of development the economic entities and increase their competitiveness. The results can also be used by students and young scientists in modern concepts and mechanisms for management of competitiveness the economic entities in the context of efficient use the resource potential and introduction of modern innovations. (shrink)

Recently, there has been an insurgence of corporations that bioprospect in Third World countries (going into these areas in hopes of utilizing traditional knowledge about local natural resources so as to eventually develop a synthetic alternative that they can then market). Although this type of bioprospecting does not encounter the problem of depleting environmental resources, other problems arise. Two primary problems are: (1) determining who has legal ownership of these resources, and (2) who should share in the profits (...) that were derived, in part, from these resources. Despite the attention that these problems have received, there has been little attention focused on the issue that I believe underlies these problems -- the differing views of nature between corporations (who consider nature to be an individually owned resource) and Third World communities (many of whom consider nature to be a communally owned resource). In this paper, I present what I believe is an additional useful tool for policy makers in resolving the current problems regarding bioprospecting in Third World countries. The tool I have in mind is a set of method components that can be used as guidelines as well as a test for inclusiveness. To arrive at these components, I will look to James D. Proctor's methodological proposal for resolving conflicts between those with differing views of nature. Because he presents this methodology in a limited context (as a means of resolving the Ancient Forest debate), I will clarify and expand his methodology so as to arrive at a set of methods that I believe can be helpful in arriving at a fair global policy regarding bioprospecting in Third World countries. (shrink)

AI technology promises to be both the most socially important and the most profitable technology of a generation. At the same time, the control over – and profits from – the technology is highly concentrated to a handful of large tech companies. This chapter discusses whether bringing AI technology under collective ownership and control is an attractive way of counteracting this development. It discusses justice-based rationales for collective ownership, such as the claim that, since the training of AI (...) systems relies on a form of enclosing of the data commons, the value created by those systems should be fairly distributed. It also considers democracy-based rationales, like the suggestion that collective ownership is needed to ensure democratic control over the way this crucial technology is being developed and deployed. The paper also discusses possible forms of collective ownership, like publicly funded advanced AI research and democratically controlled AI companies. It concludes that the case for shifting to a model with collective ownership is the most compelling when based on the concern that the private model could come to concentrate economic and political power to such a degree that it threatens institutions designed to promote justice and democracy. (shrink)

Political liberals assume an accessibility requirement, which means that, for ensuring civic respect and non-manipulation, public officials should offer accessible reasons during political advocacy. Recently, critics have offered two arguments to show that the accessibility requirement is unnecessary. The first is the pluralism argument: Given the pluralism in evaluative standards, when officials offer non-accessible reasons, they are not disrespectful because they may merely try to reveal their strongest reason. The second is the honesty argument: As long as officials honestly confess (...) their beliefs after offering non-accessible reasons, disrespect and non-manipulation do not occur. This paper defends the accessibility requirement and asserts that these two arguments overlook a unique feature of the political domain. While all citizens collectively own political power as a corporate body, an official does not privately own her political power. Instead, she is a trustee who has a duty to act on behalf of the corporate body, that is, she has to make decisions on grounds that are accessible to others. This duty explains why, despite pluralism, the accessibility requirement is necessary. Moreover, given that political decisions are profoundly influential to each person, requiring people to be honest is ineffective in discouraging disrespectful and manipulative acts. (shrink)

This article analyses, defines, and refines the concepts of ownership and personal data to explore their compatibility in the context of EU law. It critically examines the traditional dividing line between personal and non-personal data and argues for a strict conceptual separation of personal data from personal information. The article also considers whether, and to what extent, the concept of ownership can be applied to personal data in the context of the Internet of Things (IoT). This consideration is (...) framed around two main approaches shaping all ownership theories: a bottom-up and top-down approach. Via these dual lenses, the article reviews existing debates relating to four elements supporting introduction of ownership of personal data, namely the elements of control, protection, valuation, and allocation of personal data. It then explores the explanatory advantages and disadvantages of the two approaches in relation to each of these elements as well as to ownership of personal data in IoT at large. Lastly, the article outlines a revised approach to ownership of personal data in IoT that may serve as a blueprint for future work in this area and inform regulatory and policy debates. (shrink)

In her re-analysis of the evidence presented in Klein and Nichols (2012) to support their argument that patient R.B. temporarily lost possessory custody of consciously apprehended objects (in this case, objects that normally would be non-inferentially taken as episodic memory), Professor Roache concludes Klein and Nichols's claims are untenable. I argue that Professor Roache is incorrect in her re-interpretation, and that this is due, in part, to lack of sufficient familiarity with psychological theory on memory as well as clinical literature (...) on felt loss of ownership of one’s intentional objects. (shrink)

The practice of corporal punishment (CP) in many countries and schools today, has been described to be prevalent as a result of the belief that the practice of CP is effective in changing the behavior, or in building the character of the concerned human subjects. Apparently, this is done without considering the ramifications of its engagement, or neglecting other measures that could be taken to address the situation on the ground. Unarguably, the subject of corporal punishment is one which, though (...) often discussed, is usually discussed without a reached consensus, for its real outflow lies too deep for the purposes of controversy. While the issue of corporal punishment can be best described as that of virtue and vice in our contemporary pedagogy, this paper seeks to take a philosophical and a sociological stance by examining the positioning power, practical prospects of corporal punishment and relevance of various moral theories in the contemporary pedagogy. (shrink)

I argue that the feeling that one is the owner of his or her mental states is not an intrinsic property of those states. Rather, it consists in a contingent relation between consciousness and its intentional objects. As such, there are (a variety of) circumstances, varying in their interpretive clarity, in which this relation can come undone. When this happens, the content of consciousness still is apprehended, but the feeling that the content “belongs to me” no longer is secured. I (...) discuss the implications of a mechanism enabling personal ownership for understanding a variety of clinical syndromes as well normal mental function. (shrink)

This thesis consists of three substantive studies about the Vietnam stock market. In particular, I study the asymmetric information, corporate governance (CG) practices, and foreign investment of publicly listed companies in Vietnam, presented in Chapters 2, 3, and 4, respectively. In Chapter 2, I investigate the effectiveness of a market surveillance system (MSS) on improving the market quality of the Vietnam stock market, as measured by liquidity and informed trading level. I find that market liquidity decreased after the introduction of (...) the MSS, and that the effect is more pronounced for small firms. Although informed trading, on average, does not change significantly after the MSS, subsample analysis indicates a significant decrease in informed trading among large and liquid firms. In Chapter 3, I investigate the relationship between firms’ CG practices and informed trading. I find a negative relationship between the two variables. Firms with better CG practices have a lower level of informed stock trading. Moreover, a natural experiment on a shock of firms’ CG practices generated by the CG policies shows that the negative relationship between CG practices and informed trading is a causal one, in which a change in the former causes a change in the latter. In another analysis around the implementation of the MSS, I find that the implementation of the surveillance system affects the relationship between the two variables, and this effect is driven by large and liquid firms. In Chapter 4, I investigate whether foreign investors in the Vietnam stock market are informed about firms’ performance. Using the residuals of foreign investor ownership as a measure of the abnormal foreign investor holding, I find that the abnormal foreign investor holding is positively correlated with firm performance in the following one year. I also find a positive correlation between abnormal foreign investor holding and the stock returns in the next three quarters. These findings indicate that foreign investors are informed about the firms up to a one-year period. (shrink)

This pаpеr prоvidеs thе first еmpiricаl еvidеncе оn thе еxistеncе оf nеgаtivе spillоvеr еffеcts frоm childrеn еxpоsеd tо cоrpоrаl punishmеnt in thе hоmе (CPH). Wе find thаt intеrаctiоns with pееrs suffеring frоm CPH dеprеss аchiеvеmеnt in bоth mаth аnd lаnguаgе аmоng Viеtnаmеsе fifth grаdеrs. Spеcificаlly, а оnе stаndаrd dеviаtiоn incrеаsе in thе Pееrs’ Viоlеncе Indеx is аssоciаtеd with а rеductiоn in thе mаth аnd thе lаnguаgе tеst scоrеs by 0.11 аnd 0.14 stаndаrd dеviаtiоns, rеspеctivеly. Thеsе аdvеrsе impаcts cоuld pоtеntiаlly bе (...) аttributеd tо thе unfаvоrаblе chаngеs in studеnt аcаdеmic аspirаtiоns, studеnt аctuаl lеаrning еffоrts, аnd thе intеr-studеnt rеlаtiоnships. (shrink)

For a transitional market with a short history like that of Vietnam, corporate governance is a critical area of improvement. The issuance of Circular 121 in 2012 marked an important milestone of corporate governance reform in Vietnam as it includes stricter and more well-defined regulations learned from international best practices. Among them is the requirement that independent directors should make up at least one-third of the board of directors. Although improving financial reporting is not at the heart of Circular 121, (...) this Circular is expected to reduce earnings management through the mandatory requirement of board independence. Using data collected from a sample of 523 non-financial listed firms from 2009 – 2016, this study finds no significant relationship between earnings management and the proportion of independent directors, and Circular 121 has no impact on this relationship. These results are consistent across different regression approaches and various robustness tests, suggesting that board independence and corporate governance reform are not effective tools in mitigating earnings management. (shrink)

In my 2012 book On Global Justice, I argued that humanity’s collective ownership of the earth should be central to reflection on the permissibility of immigration. Other philosophers have recently offered accounts of immigration that do without the kind of global standpoint provided by collective ownership. I argue here that all these attempts fail. But once we see how humanity’s collective ownership of the earth can deliver a genuinely global standpoint on immigration, we must also consider two (...) alternative ways of offering such a standpoint. First, some have argued that any given generation should be regarded as inheriting both the natural and the societal wealth of humanity. The second alternative invokes ethno-geographic communities characterized by particular land-use patterns. This approach would deliver a global standpoint on immigration by determining which community gets to select the land-use pattern for a given location. I argue that thinking about immigration from the standpoint of collective ownership of the earth is superior to both of those alternatives. While advancing a standpoint from which to think about questions of immigration/migration, this article also offers explanations to situate its themes in the current philosophical debate and cover quite a range of topics in the debate about immigration. No prior acquaintance with On Global Justice is presupposed here. (shrink)

With 163 authoritative entries providing definitive explanations and critiques of the fundamental principles and practices of corporate governance, this timely Encyclopedia is a comprehensive overview of the economic, political, social, legal and environmental impacts of corporations across the globe. Bringing together almost 100 leading experts, the Encyclopedia addresses the meaning and purpose of corporate governance and how this term has evolved over time. Philosophical perspectives on corporate governance, as well as its origins and history are laid out, alongside critical (...) theories and methodologies on governance. The Encyclopedia then examines different aspects of governance related to governance regimes, neoliberalism, finance, accounting and corporate reporting, law and regulation, strategy and forms of governance. Board processes and performance, leadership in the boardroom, board directors and board diversity are explained. Focus is drawn to emerging societal problems and crises related to corporate governance and how these have been addressed by different institutions, such as digital era governance, corporate social responsibility and corporate sustainability and regeneration of the natural world. The Elgar Encyclopedia of Corporate Governance is an essential reference source for academics, researchers and students of business and management, economics and finance and environmental studies. Professionals and policymakers working in the sectors of corporate governance, corporate social responsibility, management and sustainability and strategic management will also find this to be an indispensable reference work. Key Features: 163 distinct entries structured by theme Combines empirical findings with real-world examples Adopts a comparative global analysis from leading academics Accessible explanations of fundamental concepts and principles. (shrink)

A citizens’ movement in Berlin advocates for the expropriation of housing corporations and has won a significant majority in a popular referendum in September 2021. Building on this proposal, this paper develops a general account of expropriation as a measure for corporate reform and thereby contributes to the ongoing debate on the democratic accountability of business corporations. It argues that expropriation is a valuable tool for intervention in a dire situation in some economic sector to enable a re-structuring (...) of the governance of the assets in question. Compared with other tools available, expropriation is a more forward-looking, genuinely political measure that does not depend on the legal assignment of guilt but rather proceeds in a pragmatic and problem-oriented manner. It also allows us to reconsider in how far the market mechanism should be employed in the administration of assets. Objections from private property rights against expropriation fail as corporations generally are privileged, quasi-public institutions that can justifiably be subject to democratic interventions. Expropriation is thus an important addition to the arsenal of corporate reform proposals, especially for those concerned with a broad democratization of the corporation. (shrink)

Internal audit, management review, and account reconciliation are popular tools for combating corporate fraud, but whistle-blowing is the most prevalent. Whistle-blowers frequently fear reprisal from coworkers and bosses. That is why they require protection and support. Many international organizations have advocated that countries adopt regulatory frameworks for protecting whistle-blowers. Therefore, the current study investigates the notion of whistle-blowing to compare it to Public Interest Disclosure Act 2017 of Pakistan, which was enacted. It identifies the influence of legal and ethical cultural (...) norms in organizations on whistle-blowing behaviour. (shrink)

ABSTRACTThe contemporary debate over responsibility for belief is divided over the issue of whether such responsibility requires doxastic control, and whether this control must be voluntary in nature. It has recently become popular to hold that responsibility for belief does not require voluntary doxastic control, or perhaps even any form of doxastic ‘control’ at all. However, Miriam McCormick has recently argued that doxastic responsibility does in fact require quasi-voluntary doxastic control: “guidance control,” a complex, compatibilist form of control. In this (...) paper, I pursue a negative and a positive task. First, I argue that grounding doxastic responsibility in guidance control requires too much for agents to be the proper targets for attributions of doxastic responsibility. I will focus my criticisms on three cases in which McCormick's account gives the intuitively wrong verdict. Second, I develop a modified conception of McCormick's notion of “ownership of belief,” which I call Weak Doxastic Ownership. I employ this conception to argue that responsibility for belief is possible even in the absence of guidance control. In doing so, I argue that the notion of doxastic ownership can do important normative work in grounding responsibility for belief without being subsumed under or analyzed in terms of the notion of doxastic control. (shrink)

This pаpеr prоvidеs thе first еmpiricаl еvidеncе оn thе еxistеncе оf nеgаtivе spillоvеr еffеcts frоm childrеn еxpоsеd tо cоrpоrаl punishmеnt in thе hоmе (CPH). Wе find thаt intеrаctiоns with pееrs suffеring frоm CPH dеprеss аchiеvеmеnt in bоth mаth аnd lаnguаgе аmоng Viеtnаmеsе fifth grаdеrs. Spеcificаlly, а оnе stаndаrd dеviаtiоn incrеаsе in thе Pееrs’ Viоlеncе Indеx is аssоciаtеd with а rеductiоn in thе mаth аnd thе lаnguаgе tеst scоrеs by 0.11 аnd 0.14 stаndаrd dеviаtiоns, rеspеctivеly. Thеsе аdvеrsе impаcts cоuld pоtеntiаlly bе (...) аttributеd tо thе unfаvоrаblе chаngеs in studеnt аcаdеmic аspirаtiоns, studеnt аctuаl lеаrning еffоrts, аnd thе intеr-studеnt rеlаtiоnships. (shrink)

The aim of the article is to show how the use of diagnostic methods allows identifying patterns and problems of corporations functioning, providing identification of directions and strategies for further development of their business. Theoretical and methodological basis of the research is a scientific works of scientists in the field of business diagnostics and strategic development, who studied diagnostics in the system of responding to business development problems, identifying areas for improving strategic management, financial statements of corporations of (...) Daimler Group (Germany), Tesla Motors (USA) and Toyota Motor (Japan) and own research results. The methodological basis of the study is a set of general and special methods used to achieve the goal of the research and includes: theoretical generalization and synthesis – in analyzing the content of scientific works on business diagnostics and strategic management; observation – to obtain primary information about the state of business of automotive companies in the world; indicator and integrated assessment – to assess the state of business and the effectiveness of strategic management of automotive corporations; information and logical analysis – when determining the issues and patterns of business development of corporations; problem-target method – to justify the choice of business development strategies; causation-result method – to obtain definitive conclusions. The results of the study of the state of business of the world's leading automotive corporations revealed the dependence of business efficiency on the degree of efficiency of strategic management of their activities, and identified types of strategies that will promote further development of automotive corporations – integrated, concentrated, diversified or globalized growth. The practical significance of the obtained results lies in their usefulness for strategic management for Daimler Group, Tesla Motors, Toyota Motor Corporation. (shrink)

To hold developers responsible, it is important to establish the concept of AI ownership. In this paper we review different obstacles to ownership claims over advanced intelligent systems, including unexplainability, unpredictability, uncontrollability, self-modification, AI-rights, ease of theft when it comes to AI models and code obfuscation. We conclude that it is difficult if not impossible to establish ownership claims over AI models beyond a reasonable doubt.

This study investigates the adequacy of the current corporate governance frameworks by evaluating their efficiency relative to the context of crises. The Covid-19 pandemic is identified as the ideal case study on the merit that it has significant implications for corporate governance theory and practice. The study work from the premise that the current crisis situation necessitates a thorough evaluation of the readiness of the existing corporate governance regimes. While cognizant to the fact that the pandemic is still unfolding, this (...) thesis concedes that the current corporate governance frameworks are not necessarily inadequate to address the crisis situation, rather, they are still evolving to meet the challenge of the day. The thesis therefore suggests that certain areas of governance (including corporate purpose, the integration of digital technologies and cyber security systems, and heightened attention to environmental and social issues) should receive more attention in the future. The principal conclusion of this study is that there is a need to review corporate governance practices and policies in light of new emerging challenges. The study concludes with guidelines for corporate governance practices during times of crisis. (shrink)

The purpose of this study is to develop a system of corporate ethics based on an understanding and interpretation of the ethical demand of human beings who are in relation with each other according to Emmanuel Levinas' teachings and the responsibility the human being has to and for herself and others whom she encounters based on Paul Ricoeur's teachings on human action, text and hermeneutics. While the philosophies to which we will be referring may not overtly present a normative ethic, (...) we shall convey them in such a way that is reasonably germane to the development of our system of corporate ethics that would, indeed, demonstrate why (and, perhaps, how in some instances) the human being must act in response to the demand of the other whom she encounters. -/- We must not abandon the discussion as it relates to the economy but rather include it in a broader and more comprehensive dialogue about working to promote, support and protect the human dignity of all people using the advancements of technology to improve the human condition. The broader discussion must include but not be limited to developing a working definition of corporate ethics. To engage in discussions about the economy as an indicator for human success, we must speak openly and honestly about all stakeholders that participate and are affected by the economy. Without forsaking other stakeholders, we find the corporation - the entity whose actions have the farthest reaching and, in some cases, longer lasting impact on the human condition - to be an appropriate point of departure for this endeavor. (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)

This study investigates the adequacy of the current corporate governance frameworks by evaluating their efficiency relative to the context of crises. The Covid-19 pandemic is identified as the ideal case study on the merit that it has significant implications for corporate governance theory and practice. The study work from the premise that the current crisis situation necessitates a thorough evaluation of the readiness of the existing corporate governance regimes. While cognizant to the fact that the pandemic is still unfolding, this (...) thesis concedes that the current corporate governance frameworks are not necessarily inadequate to address the crisis situation, rather, they are still evolving to meet the challenge of the day. The thesis therefore suggests that certain areas of governance (including corporate purpose, the integration of digital technologies and cyber security systems, and heightened attention to environmental and social issues) should receive more attention in the future. The principal conclusion of this study is that there is a need to review corporate governance practices and policies in light of new emerging challenges. The study concludes with guidelines for corporate governance practices during times of crisis. (shrink)

The contemporary world is characterised by the pervasive presence of digital technologies that play a part in almost every aspect of our life. An urgent and much-debated issue consists in evaluating the repercussions of these technologies on our human condition. In this paper, I tackle this issue from the standpoint of Husserlian phenomenology. I argue that phenomenology offers a contribution to our understanding of the implications of digital technologies, in the light of its analysis of the essential structures of human (...) experience, and especially of its corporeal grounding. In the light of this analysis, it is possible to investigate the ways in which these essential structures are affected by digital technologies. In particular, it is possible to highlight the ways in which some digital technologies involve a process of disembodiment or simply a superficial embodiment of experience. (shrink)

This article suggests theoretical and methodological approach to corporate control system formation in Eastern Europe (case study of Ukraine). It considers historical and controversial aspects of corporate control implementation and suggests the systematization of subjects and objects in terms of corrective actions and outlines of corporate relations. Existing types of corporate control in Ukraine have been investigated on the basis of legal and regulatory framework and corporate practice. The article suggests measures in respect of management of the corporate control system (...) development, based on the improvement of certain components of corporate control implementation and structural peculiarities. (shrink)

In On Global Justice, Mathias Risse claims that the earth’s original resources are collectively owned by all human beings in common, such that each individual has a moral right to use the original resources necessary for satisfying her basic needs. He also rejects the rival views that original resources are by nature owned by no one, owned by each human in equal shares, or owned and co-managed jointly by all humans. I argue that Risse’s arguments fail to establish a form (...) of ownership at all and, moreover, that his arguments against the three rival views he considers all fall short. His argument establishes, rather, a moral constraint on any conventional system of property ownership. (shrink)

We reflect on the nature of corporate codes of conduct is this article. Based on John Austin’s speech act theory, four characteristics of a performative concept of corporate codes will be introduced: 1) the existential self-performative of the firm identity, 2) which is demanded by and responsive to their stakeholders; 3) Because corporate codes are structurally threatened by the possibility of failure, 4) embracing the code not only consists in actual corporate responsible behaviour in light of the code, but in (...) the incessant recapturing of the code in the struggle of firms against the possible incongruence between their ethical principles and their actual responsible behaviour. A performative concept of corporate codes helps to bridge classical dichotomies like individualist versus collectivist approaches of moral agency and restrictive versus empowering ethics, and opens a new perspective on the interaction between individual ethical behaviour and the corporate institutionalisation of codes. (shrink)

The science of operations research is one of the modern sciences that have made a great revolution in all areas of life through the methods provided by it, suitable and appropriate to solve most of the problems that were facing researchers, scholars and those interested in the development of societies, and the most beneficiaries of this science were companies and institutions that are looking for scientific methods that help them manage their work so that they achieve the greatest profit and (...) the lowest cost, and one of the important methods that have been used in the management of companies we offer in this research two methods, Dynamic programming method. This method has been used in many practical matters and helped decision-makers in companies to achieve a maximum profit and less cost by formulating the reality of the state of the company and the data provided by decision-makers with a dynamic mathematical model that is solved using methods of solving dynamic models and we will provide in this research an example of this through the issue of choosing the optimal investment for the budget of a company so that it achieves a maximum profit, and the method of programming with integers: the method that provided these companies with solutions with integer values suitable for the nature of its work, through the use of the binary integer in the formulation of the appropriate mathematical model on the one hand, and on the other hand, the use of the binary integer variable helped to convert some nonlinear models that lead to some practical problems into linear models, and it should be noted here that in the previous two methods there is something indeterminable because we must make a decision in choosing or not choosing something, but the optimal solution that we will get remains A specific value because we are building the mathematical model for any realistic issue through the data provided by those responsible for the work and these data are calculated quantities and therefore they are uncertain values because their validity depends on the circumstances surrounding the work environment, they may be exposed to increase or decrease, and therefore the optimal solution on which the company will base its decision is suitable for specific values and any change in them can cause the company an uncalculated loss, so in this research we will use the concepts of neutrosophic science, the branch of science founded by the American scientist Florentin Smarandache in 1995 based on his belief that there is no absolute truth, a science that is interested in the study of ideas and concepts that are neither true nor false, but just in between, and we will take the data (calculated quantities) neutrosophic values that are specified or unspecified values are any set close to the calculated quantities, then the resulting mathematical model is a neutrosophic model and the optimal solution has neutrosophic values and thanks to the indefinite uncertainty that these values have, companies from the development of appropriate plans for all circumstances and thus achieve the greatest profit and the lowest cost, and we will clarify the above through two issues, the issue of optimal designation of a warehouse site, which we will formulate the mathematical model of using the neutrosophic integer programming method - and the issue of capital budget, which we will present in two different forms, we use in the first form the neutrosophic integer programming method and in the second the neutrosophic dynamic programming method. (shrink)

Jones and Felps claim that social welfare would be enhanced, if corporate managers adopted the goal of directly improving the happiness of their stakeholders instead of profit maximization. I argue that their argument doesn’t establish this. They show that a utilitarian case for profit orientation cannot be made from the armchair. But neither can the case for Jones and Felps’ preferred alternative. And their defense of it relies on empirically unsubstantiated assumptions.

Artificial intelligence systems have been widely applied to various contexts, including high-stake decision processes in healthcare, banking, and judicial systems. Some developed AI models fail to offer a fair output for specific minority groups, sparking comprehensive discussions about AI fairness. We argue that the development of AI systems is marked by a central paradox: the less participation one stakeholder has within the AI system’s life cycle, the more influence they have over the way the system will function. This means that (...) the impact on the fairness of the system is in the hands of those who are less impacted by it. However, most of the existing works ignore how different aspects of AI fairness are dynamically and adaptively affected by different stages of AI system development. To this end, we present a use case to discuss fairness in the development of corporate wellness programs using smart wearables and AI algorithms to analyze data. The four key stakeholders throughout this type of AI system development process are presented. These stakeholders are called service designer, algorithm designer, system deployer, and end-user. We identify three core aspects of AI fairness, namely, contextual fairness, model fairness, and device fairness. We propose a relative contribution of the four stakeholders to the three aspects of fairness. Furthermore, we propose the boundaries and interactions between the four roles, from which we make our conclusion about the possible unfairness in such an AI developing process. (shrink)

In this article, we philosophically reflect on the nature of corporate governance. We raise the question whether control is still a feasible ideal of corporate governance and reflect on the implications of the epistemic insufficiency of economic institutions with regard to grand challenges like of global warming for our conceptualization of corporate governance. We first introduce the concept of corporate governance from the perspective of economics and politics. We then trace the genealogy of the concept of governance based on a (...) selective reading of Giorgio Agamben’s work, who has pointed at two interdependent paradigms of governance in the Christian tradition, and apply his categories in the context of corporate governance. We finally engage in a critical reflection on the concept of corporate governance and develop four characteristics of corporate governance that can guide future conceptual as well as empirical research in the field of corporate social responsibility of economic institutions. (shrink)

This study investigated the impact of investor psychological bias on a firm’s market value. In detail, we examined the effect of investor overconfidence (optimism) and loss aversion (pessimism) on firm market value. We also aimed to investigate the moderating effect of corporate governance on the relationship between investor behavior biases and firm market value. This study used a sample of 143 firms listed on the Saudi Stock Exchange over the period from 2012 to 2021. The results suggest that investor overconfidence (...) affects a firm’s value positively. On the other hand, loss aversion is negatively associated with the firm’s market value. Furthermore, we find that corporate governance (measured by board size and board independence) enhances the positive association between overconfidence and firm market value. In contrast, we find that corporate governance seems to marginally mitigate the negative effect of loss aversion. (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)

ABSTRACTThe responsibility of the food and beverage industry for noncommunicable diseases is a controversial topic. Public health scholars identify the food and beverage industry as one of the main contributors to the rise of these diseases. We argue that aside from moral duties like not doing harm and respecting consumer autonomy, the food industry also has a responsibility for addressing the structural injustices involved in food-related health problems. Drawing on the work of Iris Marion Young, this article first shows how (...) food-related public health problems can be understood as structural injustices. Second, it makes clear how the industry is sustaining these health injustices, and that due to this connection, corporate actors share responsibility for addressing food-related health problems. Finally, three criteria are discussed as grounds for attributing responsibility, allowing for further specification on what taking responsibility for food-related health problems can entail in corporate practice. (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)

In this study, I demonstrated that there is a corporate social contract between firms and their host communities. The implication is that the idea of the social contract places corporate social responsibility (CSR) on a conditional pivot, whereby the host communities have to fulfil their own side of the contract in order to merit CSR projects. I examined the implication of the social contract for corrupt and unaccountable host communities. I based my analysis on two philosophical frameworks, namely: one, Constructive (...) Approach CSR (CA-CSR), and two, Restorative Approach CSR (RA-CSR). CA-CSR is hinged on the deontological and utilitarian moral frameworks, while RA-CSR is based on the restorative justice framework. Further, I developed ‘CSR Calculus’ (V = f1+n + K) to determine the value of CSR-due for a host community, in response to Milton Friedman questions of arbitrariness in the formulation of CSR projects. I also demonstrated how the CSR Calculus can be applied to determine the value of CSR owed communities by Micro, Small and Medium scale Enterprises (MSMEs). Finally, I used the ethic ‘leave a better community’ derived from the Annang proverb – Assidsip ye Akwot-kwot ete yak mfin ami afon akan mkpong (Assidsip and Akwot-kwot say make today better than yesterday) to signpost the corporate social contract and demonstrated why it is essential for every firm to commission and decommission its operations in socially responsible manner such that it can bequeath a better future society. (shrink)

Medical ghostwriting is the practice in which pharmaceutical companies engage an outside writer to draft a manuscript submitted for publication in the names of “honorary authors,” typically academic key opinion leaders. Using newly-posted documents from paroxetine litigation, we show how the use of ghostwriters and key opinion leaders contributed to the publication of a medical journal article containing manipulated outcome data to favor the proprietary medication. The article was ghostwritten and managed by SmithKline Beecham, now GlaxoSmithKline (GSK) and Scientific Therapeutics (...) Information, Inc. without acknowledging their contribution in the published article. The named authors with financial ties to GSK, had little or no direct involvement in the paroxetine 352 bipolar trial results and most had not reviewed any of the manuscript drafts. The manuscript was originally rejected by peer review; however, its ultimate acceptance to the American Journal of Psychiatry was facilitated by the journal editor who also had financial ties to GSK. Thus, GSK was able to take an under-powered and non-informative trial with negative results and present it as a positive marketing vehicle for off-label promotion of paroxetine for bipolar depression. In addition to the commercial spin of paroxetine efficacy, important protocol-designated safety data were unreported that may have shown paroxetine to produce potentially harmful adverse events. (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)