Interpreting social enterprises

Institutional and organizational variety is increasingly characterizing advanced economic systems. While traditional economic theories have focused almost exclusively on profit-maximizing (i.e., for-profit) enterprises and on publicly-owned organizations, the increasing relevance of non-profit organizations, and especially of social enterprises, requires scientists to reflect on a new comprehensive economic approach for explaining this organizational variety. This paper examines the main limitations of the orthodox and institutional theories and asserts the need for creating and testing a new theoretical framework, which considers the way in which diverse enterprises pursue their goals, the diverse motivations driving actors and organizations, and the different learning patterns and routines within organizations. The new analytical framework proposed in the paper draws upon recent developments in the theories of the firm, mainly of an evolutionary and behavioral kind. The firm is interpreted as a coordination mechanism of economic activity, and one whose objectives need not coincide with profit maximization. On the other hand, economic agents driven by motivational complexity and intrinsic, non-monetary motivation play a crucial role in forming firm activity over and above purely monetary and financial objectives. The new framework is thought to be particularly suitable to correctly interpret the emergence and role of nontraditional organizational and ownership forms that are not driven by the profit motive (non-profit organizations), mainly recognized in the legal forms of cooperative firms, non-profit organizations and social enterprises. A continuum of organizational forms ranging from profit making activities to public benefit activities, and encompassing mutual benefit organizations as its core constituent, is envisaged and discussed.

The Problem with Utility: Towards a Non-Consequentialist / Utility Theory Synthesis

I develop the argument that our current decision-making framework, utility theory, when used by itself, is 1) descriptively incomplete, 2) theoretically flawed, and 2) ethically questionable. In response, I offer an exploratory framework that incorporates both consequentialist and non-consequentialist motivations. Adding a commitment function provides a synthesis which remedies the problems associated with the sole use of utility theory. Finally, I show how philosophers Immanuel Kant, W.D. Ross, and Martin Buber provide an ethical basis for the framework.

Psicologia das motivações ajurídicas do sentenciar : a emergência do saber em detrimento do poder

RESUMO:A pretensão deste trabalho reside na indagação sobre a eventual existência de um acervo de motivações ajurídicas que fundamentem as decisões judicias, erigindo como actor principal o Aplicador da Lei. Para tanto – recorreu-se à utilização de um instrumento construído pela autora, em 2005 – a Grelha de Observação das Motivações Ajurídicas do Sentenciar – destinado a captar aspectos considerados principais na comunicação dos protagonistas do processo de criminalização secundária, quer ao nível da comunicação verbal (C.V.) quer no concerne à comunicação não verbal (C.N.V.), verificando, depois, em presença das decisões, as razões justificativas evidenciadas. E que constituíram o suporte ajurídico de cada sentença. Assim, realizou-se um trabalho de observação, tendo a Grelha de Observação sido aplicada por licenciados em Psicologia, estudantes do 2º ciclo de Psicologia Forense e da Exclusão Social (Universidade Lusófona de Humanidades e Tecnologias), e alunos da Faculdade de Direito (Universidade Nova de Lisboa), que operaram em três tribunais criminais de Lisboa A amostra é constituída por 25 julgamentos, com um total de 64 personagens judiciais. Os resultados, ainda que meramente indicativos, demonstram uma tendência para a validade e consistência interna da grelha, indiciando também a verificação de motivações ajurídicas nas decisões judiciais. ABSTRACT: The intention of this work resides in the investigation of the eventual existence of an amount of non judicial motivations which support judicial decisions, where the law applicator arises as the main actor. For such - the use of an instrument built by the author in 2005 was resorted to - the Observation grid of the non judicial motivations of the sentencing - destined to capture aspects considered primary in the communication of the key players of the secondary criminalization process, in both the verbal communication level and in what concerns non verbal communication, later verifying, in the presence of the decisions, the evidenced justifiable reasons, which established the non judicial support of each sentence. Thus, an observational work was performed, having been applied the observation grid by Psychology graduates, students of the masters in Forensic Psychology and of Social Exclusion (Lusófona University of Humanities and Technology), as well as students of the Faculty of Law (New University of Lisbon), which operated in three criminal courts in Lisbon. The sample consists of 25 trials, with a total of 64 judicial characters. The results, even if only indicative, show a trend towards internal consistency and validity of the grid, also indicating the verification of non judicial motivations in judicial decisions.

A equidade na indeminização dos danos não patrimoniais

This study examines the quantification of compensation for non-pecuniary damage, awarded by means of judicial decisions based on equity, and seeks to verify whether such calculation safeguards legal certainty and predictability when applying the law, as well as whether it observes the principles of proportionality and equality. Firstly, the limits for discretionary judgment permitted to the judge were determined, by evaluating the criteria established under the law. Then, by examining the grounds of the judicial decisions in cases that had been selected beforehand, this study sought to detect operation modes in concrete considerations of equity used by judges. The examination of the grounds on which these judicial decisions are based permitted the comprehension of the calculation method used in each case and the observation that the criteria of compensatory nature, such as the extent of the damage and the respective consequences, assumed a primary role. Despite discrepancies in viewpoints with regard to certain issues of law, the jurisprudence examined reveals that great care is taken to consider the solutions reached in similar cases, in an attempt to ensure that the different criteria applied in the quantification of compensation are given uniform relevance. The comparison of decisions, reported to cases with similar legal contours, did not reveal relevant discrepancies in the calculation criteria used, nor are they disproportionate regarding the amount of compensation awarded, which means that resorting to equity, in determining the compensation to be awarded due to nonpecuniary damage, does not jeopardize legal certainty or predictability when applying the law, and observes the principle of proportionality, which is anchored in the constitutional principle of equality. The study performed, led to the conclusion that the grounds on which judicial decisions are based, by itemising the elements which are taken into account and the criteria adopted by the judge, allow these to be taken into consideration in similar cases, contributing towards uniform interpretation and application of the law, ensuring legal certainty and predictability when resorting to equity while quantifying compensation.

Dano reflexo nos acidentes de viação

Relatório de atividade profissional de mestrado em Direito dos Contratos e da Empresa

Altruism, Equity, and Reciprocity in a Gift-Exchange Experiment: An Encompassing Approach

Considerable experimental evidence suggests that non-pecuniary motives must be addressed when modeling behavior in economic contexts. Recent models of non-pecuniary motives can be classified as either altruism- based, equity-based, or reciprocity-based. We estimate and compare leading approaches in these categories, using experimental data. We then offer a flexible approach that nests the above three approaches, thereby allowing for nested hypothesis testing and for determining the relative strength of each of the competing theories. In addition, the encompassing approach provides a functional form for utility in different settings without the restrictive nature of the approaches nested within it. Using this flexible form for nested tests, we find that intentional reciprocity, distributive concerns, and altruistic considerations all play a significant role in players' decisions.

Altruism, equity and reciprocity in a gift-exchange experiment: An encompassing approach

Considerable experimental evidence suggests that non-pecuniary motivesmust be addressed when modeling behavior in economic contexts. Recentmodels of non-pecuniary motives can be classified as either altruism-based, equity-based, or reciprocity-based. We estimate and compareleading approaches in these categories, using experimental data. Wethen offer a flexible approach that nests the above three approaches,thereby allowing for nested hypothesis testing and for determiningthe relative strength of each of the competing theories. In addition,the encompassing approach provides a functional form for utility in different settings without the restrictive nature of the approaches nested within it. Using this flexible form for nested tests, we findthat intentional reciprocity, distributive concerns, and altruisticconsiderations all play a significant role in players' decisions.

La monnaie en droit : nature d'une abstraction outre fondée : essai dialectique et logique sur la dualité dans la catégoricité juridique et sur l'abstraction d'hérédité monétaire

"Thèse présentée à la Faculté des études supérieures en vue de l'obtention du grade de Docteur en droit (LL.D.)"

Théories du choix rationnel : perspectives et implications en design institutionnel

En raison de sa force explicative et opérationnelle, la théorie du choix rationnel est utilisée au sein de plusieurs disciplines des sciences sociales. Alors que la majorité des économistes conçoivent la théorie du choix rationnel comme un processus de maximisation de l’utilité, la portée de ce modèle est le sujet de nombreuses critiques. Pour plusieurs, certaines préférences ne peuvent être modulées à l’intérieur de ce cadre. Dans ce mémoire, trois conceptions alternatives de la théorie du choix rationnel sont présentées : la rationalité comme présence virtuelle, la rationalité comme mécanisme intentionnel et la rationalité en tant que science du choix. Une analyse critique de celles-ci est effectuée. En design institutionnel, ces trois conceptions de la rationalité offrent des perspectives distinctes. La première met l’emphase sur les motivations non-égocentriques. La seconde mise sur l’aspect adaptatif du processus. La rationalité jouant un rôle privilégié, mais non exclusif, les mécanismes causaux doivent également être considérés. La troisième implique de formuler des règles institutionnels différentes dépendamment du modèle de l’agent rationnel qui est mis de l’avant. L’établissement de règles institutionnelles varie en fonction de la conception adoptée parmi ces théories du choix rationnel.

Municipal accountability: Should regulations similar to the Sarbanes -Oxley Act apply to the local sector?

As America moved into the 2lst century financial scandals associated with large publicly traded corporations brought widespread concern about the reliability of financial reporting. In response the U.S. Congress adopted the Sarbanes-Oxley Act of 2002 (SOX). Undergirding SOX was the belief that improvements in the reliability of an organization's financial disclosures would lead to increased trust in the issuing organization. While SOX is aimed at publicly traded private sector organizations, the value of adopting SOX-like practices in the public and the nonprofit sectors have been recognized. Although SOX-like auditing practices have not at the time of this research become part of the auditing regime for municipalities, the results of this research provide a baseline "read" of municipal finance officers' perceptions of the value and obstacles associated with adoption of two major components of SOX: Principal Officer(s) Certification (POC) and the Independent Audit Committee (IAC) requirements. The author mailed surveys to all finance officers of municipalities in Florida and Ohio with populations of 10,000 or greater which did not contract out the operation of their finance departments. Post-survey "elite" interviews were conducted in an effort to obtain a deeper understanding of revealed issues and contradictions found in the analysis of the results of the mails survey. The findings suggest municipal finance officers are willing to adopt POC but have reservations about implementing IAC. With both POC and IAC the respondents appeared to consider intangible, non-pecuniary consequences as much or more than tangible, pecuniary consequences. Consistent with prior research, attitudes regarding POC and IAC were found to be unrelated to prior adoptive behavior, or personal and organizational demographic variables. Although accounting and auditing are inexorably intertwined, views of the recently implemented GASB 34 reporting model were found to be unrelated to the willingness to adopt POC or IAC. Findings dovetail with current discourse in public sector accounting suggesting local finance professionals may see benefits—both tangible and intangible—to some but not all accounting practices adopted in the private sector. This is consistent with the commonly accepted belief that public sector accounting maintains fundamental differences from its private counterpart.

Attacks on German public figures, 1968-2004: warning behaviors, potentially lethal and non-lethal acts, psychiatric status, and motivations

Fourteen non-terrorist attackers of public figures in Germany between 1968 and 2004 were intensively studied, with a particular focus on warning behaviors, attack behaviors, and the relationship between psychiatric diagnosis, symptoms, and motivations for the assault. A large proportion of the attackers were severely mentally ill, and most likely to be in the potentially lethal rather than the non-lethal group. A new typology of seven warning behaviors was applied to the data, and all were present, most frequently fixation and pathway warning behavior, and least frequently a direct threat. Psychiatric diagnosis could be closely linked to motivation when analyzed at the level of symptom and content of thought, often delusional. Most of the attacks were directed at political figures, and the majority occurred after 1995.

Motivations and perceived influences on rural and urban general practitioners when prescribing conventional non-steroidal anti-inflammatory drugs or COX-2 inhibitors

Background and objective: Prescribers in rural and remote locations perceive that there are different influences on their prescribing compared with those experienced by urban prescribers. The aim of this study was to compare the motivations and perceived influences on general practitioners (GPs) when prescribing COX-2 inhibitors rather than conventional non-steroidal anti-inflammatory drugs (NSAIDs) between rural and urban-based GPs in Queensland, Australia. Methods: A questionnaire was administered to two geographically distinct groups of GPs, one urban (n = 67) and one rural (n = 67), investigating the reasons that the GP would prescribe a COX-2 inhibitor rather than a conventional NSAID or vice versa and also focusing on patients requesting a prescription for a COX-2 inhibitor. Results and discussion: A 51% response rate (n = 68) was achieved. The difference between the rural and the urban GPs was that the urban GPs were more likely to perceive that they were influenced to prescribe COX-2 inhibitors by their patients' knowledge of these new (at the time) drugs. GPs in both the rural and urban areas perceived the COX-2 selective inhibitors to be safer than conventional NSAIDs, and that there was little difference in terms of efficacy between the two drug classes. However, GPs from both of the study areas stated that conventional NSAIDs were preferred over COX-2 selective inhibitors, primarily due to their expense, if their patients were not at risk for developing a GI bleed. Conclusion: The motivations and perceived influences to prescribe a COX-2 inhibitor in rural and in urban areas of Queensland, Australia were very similar. Almost all surveyed GPs in rural and urban areas had patients request a prescription, or enquire about the COX-2 inhibitors. Urban GPs were more likely to feel pressured to prescribe a COX-2 inhibitor than their rural counterparts, agreeing with other research which found that patient pressure to prescribe appears to be greater in urban general practice.

Motivations in volunteer work

The objective of this paper is to review and discuss the literature about volunteers’ motivations to donate their time to NGOs (Non Governmental Organisations). According to Parboteeah, Cullenb & Lim (2004) management research has not paid much attention to voluntarism, however, voluntarism is a substantial part of productive work for many societies. Wilson & Pimm (1996) show that in Great Britain about 39% of the adult population has been involved in some volunteer activity for some period of time. In the U.S.A. these values reach 50% (Wilson & Pimm, 1996). Considering the benefits that voluntarism can bring to an organisation, we understand that more attention must be devoted to this phenomenon. The more an organisation knows volunteers, the better this organisation will be able to meet the needs and expectations of these individuals. We present a literature review that illustrates and compares the different motivations associated with volunteer work. The paper includes a bibliographical databases search in specialised journals. The search used the key words “motivations” and “voluntarism” (in the heading and text body) and covered all numbers between 2000 and 2007. We identify the existence of repeated motivations (Holmberg & Söderlung, 2005; Prouteau & Wolff, 2008; Soupourmas & Ironmonger, 2001; Yavas & Riecken, 1997), which allow the establishment of a typology of volunteers’ motivations, based on four categories: altruism, social needs, self-esteem, learning and self-development. Finally we identify three main gaps in the literature that justify further research. First, research focusing on the differences between motivations related to volunteers’ "Attraction" versus "Retention" in NGO’s is nil. Second, the great majority of the studies rely on north American (USA and Canada) and Australian context, which demands for further research in European countries. Third, the majority of NGOs researched are related to sport, art or the environment, and it would be interesting to explore the relationship between motivation and NGO type. These questions may obtain interesting answers for NGO management, in particular with regard to volunteer attraction and retention.

Motivations to participate in international trade fairs: the Portuguese experience

Motivations/barriers to participate in ITF

The Context Influence in Volunteers Motivations

Volunteers working in different areas or different NPO (Non-profit Organisations) are significantly different according to several variables, namely in terms of motivation, satisfaction and permanence. Thus, the main goal of this research is to understand volunteers’ motivations and the influence of the context on it. Additionally, demographic variables might have an important impact on volunteers’ activities, be an important predictor of volunteering and, at the same time, influence their time commitment. In this paper we present data from twelve different NPO - 10 hospitals and 2 food banks. The model of data collection was a survey conducted by self-administered questionnaire. The results showed significant differences between the volunteers’ belonging to the two organisations and their motivations, confirming that volunteer’ motivations differ according the type/nature of organisation; this is particularly important because the field in which one works is influenced by a self-evident affinity with shared ideologies, religious convictions, and collective identities. These results present important outcomes that should be reflected in the way organisations act. Keywords: Volunteering; Occasional and permanent volunteers; Motivations; Non-profit organisations.