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.

"Should I prioritize medical problem solving or attentive listening?": the dilemmas and challenges that medical students experience when learning to conduct consultations

Objective: Communication skills can be trained alongside clinical reasoning, history taking or clinical examination skills. This is advocated as a solution to the low transfer of communication skills. Still, students have to integrate the knowledge/skills acquired during different curriculum parts in patient consultations at some point. How do medical students experience these integrated consultations within a simulated environment and in real practice when dealing with responsibility?

Methods: Six focus groups were conducted with (pre-)/clerkship students.

Results: Students were motivated to practice integrated consultations with simulated patients and felt like 'real physicians'. However, their focus on medical problem solving drew attention away from improving their communication skills. Responsibility for real patients triggered students' identity development. This identity formation guided the development of an own consultation style, a process that was hampered by conflicting demands of role models.

Conclusion: Practicing complete consultations results in the dilemma of prioritizing medical problem solving above attention for patient communication. Integrated consultation training advances this dilemma to the pre-clerkship period. During clerkships this dilemma is heightened because real patients trigger empathy and responsibility, which invites students to define their role as doctor.

Practice Implications: When training integrated consultations, educators should pay attention to students' learning priorities and support the development of students' professional identity.

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.

Knowledge dilemmas : the perspective of two Portuguese organisations

A presente investigação pretende examinar se existe uma convergência entre as diferentes percepções dos actores organizacionais, no que respeita à criação e uso/partilha de conhecimento durante o processo de inovação e mudança organizacional. Iremos igualmente tentar compreender se o conhecimento individual – técnico e organizacional – tem impacto na inovação organizacional e no processo de mudança e, consequentemente, no rumo da organização. Iremos conceptualizar o conhecimento individual como conhecimento tácito e assumir que poderá impulsionar a inovação organizacional e, consequentemente, o desenvolvimento da organização. Contudo, iremos assumir que a partilha do conhecimento explícito não poderá ser separada do processo de compreensão, sendo necessário o conhecimento tácito individual para completar a partilha. O conhecimento explícito e o conhecimento tácito serão ambos estudados como dois elementos inseparáveis porque consideramos que o conhecimento explícito necessita de uma compreensão tácita da linguagem que estrutura o conhecimento explícito. Neste contexto, este estudo apresenta as conclusões acerca dos métodos e formas de interacção e partilha de conhecimento entre os actores organizacionais no que toca à inovação organizacional e aos processos de mudança. A informação será recolhida por via de entrevistas e a técnica Group Recall usando a metodologia de investigação-acção. Este estudo contribui, de várias formas, para o desenvolvimento de um quadro teórico e empírico sobre o conhecimento e a partilha de conhecimento tácito em contextos de inovação organizacional e de processos de mudança. Em primeiro lugar, identifica e analisa as diferentes percepções dos actores organizacionais sobre a partilha e o uso do conhecimento individual durante os processos de inovação organizacional. Em segundo lugar, apresenta o impacto do uso do conhecimento individual partilhado e/ou criado durante os projectos de inovação organizacional nos processoe e práticas da organização. Em terceiro lugar, propõe um conjunto de perfis de conhecimento que podem potenciar a criação e partilha de conhecimento entre os actores organizacionais. Em quarto lugar, sugere um modelo facilitador da partilha de conhecimento que pode servir de referência para investigadores e para profissionais das organizações em processos de inovação organizacional e de mudança. Finalmente, este estudo propõe algumas direcções para futuras investigações e sugere algumas questões de estudo que emergiram desta investigação e que poderão ser exploradas.

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.

Dynamics and dilemmas in social psychology: social relations, identities and cognition

This paper aims to provide a systematised overview of the paradigmatic orientations in social psychology in Portugal by identifying the most cited publications. Results show that the eight most cited thematic are: (1) deviance and reactions to deviance, (2) methodology, (3) prejudice and discrimination, (4) gender studies, (5) risk, environment and safety, (6) information processing, social judgment, familiarity and mood, (7) social representations and (8) social justice and belief in a just world. These eight most salient thematics can be sorted into three current paradigmatic orientations in contemporary social psychology: (a) social cognition; (b) the study of collective beliefs, ideologies and social representations; and (c) the study of identity and its impact on intra- and intergroup processes. The paper finishes with a reflection on the future developments of the discipline and the dilemmas that social psychology in Portugal could face.

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.