Law's Ethical, Global and Theoretical Contexts: Essays in Honour of William Twining

Law's Ethical, Global and Theoretical Contexts examines William Twining's principal contributions to law and jurisprudence in the context of three issues which will receive significant scholarly attention over the coming decades. Part I explores human rights, including torture, the role of evidence in human rights cases, the emerging discourse on 'traditional values', the relevance of 'Southern voices' to human rights debates, and the relationship between human rights and peace agreements. Part II assesses the impact of globalization through the lenses of sociology and comparative constitutionalism, and features an analysis of the development of pluralistic ideas of law in the context of privatization. Finally, Part III addresses issues of legal theory, including whether global legal pluralism needs a concept of law, the importance of context in legal interpretation, the effect of increasing digitalization on legal theory, and the utility of feminist and postmodern approaches to globalization and legal theory.

Reconstructing ethical conduct within financial firms

This chapter explores whether ethical cultures can be created within a financial market context. Ongoing regulatory and legal actions, and press coverage of these, suggest that a definition of ethical problems in terms of ‘rogue traders’ and ‘bad apples’ would be inadequate, since entire business areas have been resorting to collusive illegal behaviour. The concept of ‘bad barrels’ seems to capture the situation rather better: the culture of firms fails to discourage transgression and indeed supports it. Unpacking the links between regulatory objectives and the cultural settings of firms and their employees, this chapter questions the chances of success of measures such as enhanced controls on individuals and restructured reward mechanisms. Financial firms typically have very flat, nodal structures, within which traders conceptualise themselves as an elite, in contrast to back office staff and also in contrast to managers. Traders’ functions and their occupational mobility mean that their linkages and attachments may be much stronger with others outside ‘their’ firm than their firm and those within it. Performance, camaraderie and their linkages are important in all work situations, yet all the more so for traders in financial markets. Thus, whether regulators and senior management combine to send a clear and consistent message to traders – or whether the logic of the financial marketplace leads some firms to continue send conflicting or ambivalent messages to them – misconduct is likely to continue to be a tough nut to crack.

The ethics of ethical debates in peace and conflict research: Notes towards the development of a research covenant

This article outlines the case for peace and conflict researchers to formulate a research covenant to better shape their ethical obligations and responsibilities. This is an urgent necessity given that ethical debates have in some proponents become emotive and are not conducted in an ethical manner. In coming to this assessment, the article reviews trends in the research ethics literature and draws out some of the generic issues addressed in a review of the personal reflexivity that an assortment of individual peace and conflict researchers have engaged in when recounting their fieldwork experiences. These generic issues are reformulated in an attempt to codify appropriate ethical practice in peace and conflict research, and they go towards determining the contents of the research covenant. It is suggested that the research covenant is a more ethical way to debate the ethics of peace and conflict research.

The Ethical Gold series

A series of five articles, published over six months in 2010, which explained the key ethical issues relating to sourcing gold. The Ethical Gold Series was written for practising jewellers, industrial jewellery manufacturers and the wider design community. The Ethical Gold Series was published in the Benchpeg Newsletter, an online jewellery industry journal, which in 2010 had over 5,500 subscribers. The material for the articles was drawn from a year of ethnographic fieldwork in the UK jewellery sector, funded by the AHRC, and field visits to preserved, operating and proposed gold mining sites in Alaska, California, Sweden, Wales and Scotland. The ethnographic fieldwork included ‘ethical gold’ promotional events, private industry meetings and jewellery trade shows and meetings with jewellery manufacturers and retailers, assayers, gold refiners and traders and environmental and fair trade campaigners.

Geoengineering : the ethical and social issues

Tese de doutoramento, Filosofia (Filosofia da Natureza e do Ambiente), Universidade de Lisboa, Universidade Nova de Lisboa, 2015

Legal, Ethical and Professional Issues

The chapter addresses the professional, legal and ethical issues associated with medicines management and the role of the nurse. To ensure safe practice it is imperative safeguards are recognised and applied; therefore pertinent legislative frameworks, policy and professional regulation are discussed. Safeguarding patients when administering prescribed medicines means the nurse must have up-to-date knowledge and skill and a key aspect of this is to ensure consent to treatment from the service user is secured; for this reason drawing on relevant legislation, the consensual process is reviewed. Not infrequently medicine management provokes ethical and legal challenges for the health care professional; these demand reflection and careful consideration; consequently in this chapter legal and ethical parameters and professional boundaries are appraised.

Consumers' willingness to pay for ethical attributes

Purpose: In recent years, there has been a big increase in the use of ethical attributes as marketing appeals. This paper examines consumers’ willingness to pay for three selected ethical attributes, namely ‘Organic’, ‘Recyclable Packaging’ and ‘Fairtrade’ in monetary terms. Design/Methodology/Approach: A modified choice-based experimental design with manipulation of the key constructs was used to estimate the mean value of how much consumers are willing to pay for the selected attributes attached to a box of premium chocolates. The results are based on the responses of a total of 208 consumers. Findings: Of the three attributes, ‘Recyclable Packaging’ has the strongest influence on the purchase decision, although this attribute generates the least additional value. The aggregated result shows that although consumers are willing to pay more for the product with ethical attributes than the one that is without, still around a half of them are not willing to pay more. In terms of demographics, the results show no significant differences between the two genders or different age groups in their willingness to pay for ethical attributes. As might be expected, willingness to pay was correlated with the level of consciousness of the ethical attributes. Originality/Value: The findings of this study help management to think practically about the value consumers willing to pay for the selected attributes. The results show a significant synergy in a combination of ethical attributes in products.

(Un)ethical leadership, organizational identification and sensemaking: the BES case and its impact on employees

This paper provides an ongoing analysis to one of the biggest ethical and financial scandals in Portugal – Banco Espírito Santo (BES). BES was considered one of the three best banks but it went bankrupted and its employees were transferred to a new entity – Novo Banco. This study was conducted in order to provide an understanding of the employees’ side, which has been forgotten so far. An ethical scandal (sensebreaking) creates ambiguity and uncertainty which triggers new sensemaking processes in order to understand and derive meaning from the new reality. The methodology followed was semi-structured interviews to employees both from the branches and the central services. We found evidence that in organizations with strong identification, unethical behavior has a significant impact on followers’ – the new process of sensemaking is particularly important in this situation because employees suffer more from the disruption of their reality.

Ethical leadership and unethical pro-organizational behavior: A moderated mediation model of affective commitment and authenticity at work

Recently, unethical conduct in the workplace has been a focus of literature and media. Unethical pro-organizational behavior (UPB) refers to unethical conduct that employees engage in to benefit the organization. Given the complexity of UPB, there is an increasing need to understand how and under what conditions this attitude originates within organizations. Based on a sample of 167 employees and seven organizations, results support the moderated mediation model. An ethical leader increases employees’ organizational affective commitment which increases the likelihood to engage in UPB. However, the indirect relationship diminishes when employees feel authentic at work.

Ethical consumption (in)decisons

Consumers’ indecisions about the ethical value of their choices are amongst the highest concerns regarding ethical products’ purchasing. This is especially true for Fair Trade certified products where the ethical attribute information provided by the packaging is often unacknowledged by consumers. While well-informed consumers are likely to generate positive consumer reactions to ethical products and increase its ethical consumption, less knowledgeable buyers show different purchasing patterns. In such circumstances, decisions are often driven by socio-cultural beliefs about the low functional performance of ethical or sustainable attributes. For instance, products more congruent with sustainability (e.g., produce) are considered to be simpler but less tasty than less sustainable products. Less sustainable products instead, are considered to be more sophisticated and to provide consumers with more hedonic pleasures (e.g., chocolate mousse). The extent that ethicality is linked with experiences that provide consumers with more pain than pleasure is also manifested in pro-social social behaviors. More specifically through conspicuous self-sacrificial consumption experiences like running for charity in marathons with wide public exposure. The willingness of consumers to engage in such costly initiatives is moderated by gender differences and further, mediated by the chronic productivity orientation of some individuals to use time in a productive manner. Using experimental design studies, I show that consumers (1) use a set of affective and cognitive associations with on-package elements to interpret ethical attributes, (2) implicitly associate ethicality with simplicity, and that (3) men versus women show different preferences in their forms of contribution to pro-social causes.

Raising the Level of Moral Thinking among Managers Will Not Help. Kohlberg's Conventionality and Systemic Ethical Flaws in Business

Business ethicists often assume that unethical behavior arises when individuals deviate from the norms and responsibilities that are institutionalized to frame economic activities. People's greed motivates them to violate the rules of the game. In Kohlberg's terms, it is assumed that such actors make decisions in a preconventional way and act opportunistically. In this article, we propose an alternative interpretation of deviant behavior, arguing that such behavior does not result from a lack of conventional moral guidance but rather from the fact that characteristics attributed to preconventional morality by Kohlberg - the purely incentive and punishment driven opportunistic morality - have become the conventionalized morality. The prevailing norms that economic actors have internalized as their yardstick are those of the preconventional Homo economicus. Not the deviation from, but the compliance with the rules of the game explains many forms of harmful and illegal decisions made in corporations.