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Chapter 4 discusses Thomas’s account of original guilt. Infants are guilty only in an analogical sense. A human being with the use of reason is guilty in the proper sense when she commits a sinful act of her own volition; an infant is guilty in an analogical sense when she fails to receive original justice by Adam’s volition. The infant is in a moral middle ground, between the state of mortal sin and sanctifying grace (Scriptum II, d. 35, q. 2, a. 2, ad 2). She has not turned away from God, yet she needs grace nonetheless. Thomas’s explanation of infant guilt developed. He initially compared the guilt of original sin to an inherited disease (Scriptum II, d. 30, q. 1, a. 2). He later abandons this analogy and compares the infant to a homicidal hand. I defend Thomas’s view that the infant’s will is positioned between mortal sin and sanctifying grace. But I criticize his view of analogical guilt, arguing that receiving the effect of another’s sinful act cannot increase one’s own guilt.
Action and responsibility are often linked to control, but skilled behavior reveals a tension in the way we think about control: control is sometimes thought to require flexibility, other times reliability. Yet, flexibility and reliability compete with one another, as we see in skilled behavior; the habituation behind skill provides more reliability, but less flexibility. Thus, accounts of intentional action are split on how to handle skilled behavior. I call this the “problem of skilled behavior” – skilled behavior seems both more and less within our control, so how can we account for it within a unitary model of control? Most traditional accounts adopt a unitary model of control within a "dual-process" model of behavior, which treats all behavior as either controlled or automatic, or some combination of these. I suggest instead a "hierarchical model" of behavioral control, in which behavior can benefit from either attention-based control, which has the benefit of flexibility, or strategic automaticity, which has the benefit of reliability. I argue that action and responsibility can be based in either form of control against "attention-for-action" theorists, such as Fridland and Wu.
The relationship between the Church in Wales and the state and society after 1920 grew out of a heritage of engagement long pre-dating disestablishment. While the Church in Wales adapted quietly to its new status, its relations with civic society continued as before, mediated by the continuance of the social provision of the dioceses. Dioceses like St. David’s, through their Organising Secretaries and Outdoor Workers, made a considerable contribution to the development of social work and probation services from the 1930s to the late 1960s. Undergirded by provincial financial support, in the 1980s and 1990s, dioceses developed partnerships with local authorities, government schemes, and the Children’s Society. However, while engagement with social needs has been robust at diocesan level, the Church in Wales took some time before finding a provincial voice. Governing Body debates became more outward-looking in the run-up to the Millennium, but the impetus is waning. From the mid 1980s, provincial bodies, like the Board of Social Responsibility, developed a provincial forum not only to discuss societal issues but a means by which dioceses could work together. Reaching a peak in the late 1990s, this way of working has been declining since.
This chapter explains what we mean by research in business studies and to discuss differences between systematic research and common sense or practical problem solving. It looks at what we mean by knowledge and why we do research, examining different research orientations and approaches and the influence of the researcher’s background and basic beliefs concerning research methods and processes. We stress the importance of learning to think and work systematically and developing analytical capabilities in order to produce accurate and reliable results. We also discuss researchers’ moral responsibility towards both their subjects and the readers of their reports.
Daniela Demko develops the basic features of a comprehensive expressive theory of punishment for international crimes. She highlights the communicative significance of two functions of international punishment: the trust in norm validity and to assign responsibility. While focusing on the communicative aspects of international punishment, she also shows how retributive and preventive theories and the specific purposes of punishment in international criminal law – the protection of victims and the rejection of a collective guilt thesis – can be integrated into an expressive theory of international punishment. In addition, Demko identifies the protection of the truth, the protection of victims and the rejection of a collective guilt thesis as criminal purposes specific to international criminal law, and integrates them into the statement of content of international punishment.
Chinese firms have a poor history of questionable practices that have caused various public relations crises in domestic and international markets. This chapter examines the development of corporate social responsibility (CSR) in Chinese firms, including their drivers and their current state. To prevent Chinese firms from having profit maximisation as their sole objective, the Chinese government positioned CSR as an area central to the country’s stability and future growth. It has also developed guidelines for firms in line with the United Nations Global Compact and encouraged firms to adopt them in their corporate policies and activities. The chapter ends by examining the CSR practices adopted by Huawei, a major Chinese firm, in its overseas operations, including those in Africa.
This chapter summarizes the key arguments in the book. The chapter explains why a specific children’s rights focus is granted within the broader business and human rights debates and seeks to move beyond legal fiction to situate businesses as children’s rights duty-bearers. The chapter summarizes the arguments and analysis on how children and their rights are treated within existing normative frameworks on business and human rights. The legalization of business duties and norms specifically related to children’s rights within that context are sketched out. Insights from the four case illustrations are used in refining and defining the need for a forward-looking proposal on duty-bearing, which concludes the chapter.
The 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 (capacity, benefit, and vulnerability) 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.
Proposals for the creation of an international security force were actively discussed at the time of the establishment of the League of Nations and were returned to in the period leading to the creation of the UN. The UN Charter contains explicit undertakings in the area of peaceful settlement of international disputes, and various instruments emerged over time as the UN sought to give operational meaning to the peace and security principles in the Charter. We analyze the experience with peacekeeping operations and the lessons that can be drawn from their mixed success. We then analyze the extent to which there has been dramatic erosion in the effectiveness of the uses of warfare to achieve particular national strategic objectives and argue that the current system of global security is absurdly costly in relation to the meager security benefits it confers. We present a proposal for the creation of an International Peace Force, to be established in parallel to a process of comprehensive international arms control. A number of operational issues that emerge when considering the establishment of such a Force, many of them based on an assessment of several decades of experience with peacekeeping, are discussed.
The ‘āqila -- a group of men liable for the payment of blood money on behalf of any of them -- is based on collective liability. When the Shari‘a borrowed this institution from pre-Islamic, tribal custom, a contradiction was created with the Islamic important principle of individual responsibility. This chapter focuses on this contradiction, examining the means by which Muslims jurists attempted to settle, reduce, or justify the paradox, and how these efforts contributed to shaping the law. One way was to restrict the liability of the ‘āqila to accidental homicide, leaving the perpetrator alone liable for intentional homicide. Another solution was to develop arguments that either denied the contradiction or enhanced the importance of the ‘āqila to justify the existence of the institution despite the contradiction involved. It is argued that the changes introduced in rules related to the ‘āqila, and the proposed justifications, brought homicide, which in pre-Islamic Arab custom was treated as a tort, closer to a crime.
There is a growing call to understand the influence of corporate social responsibility (CSR) on organizational outcomes, especially in developing economies. Given the strong link between organizational citizenship behavior (OCB) and organizational performance and survival, on one hand, and the constant need in the literature to understand their antecedents, on the other hand, this study adopts the social cognitive theory to examine the relationship between employees’ perceptions of their organizations’ engagement in CSR and their individual engagement in OCB in Nigeria. Based on the relevance of organizational learning culture to both CSR and OCB, the study further examines the mediating role of organizational learning culture in the relationship between employees’ perceptions of their organization's CSR engagement and their individual engagement in OCB. We tested these relationships in a sample of 254 employees drawn from banking, oil and gas, manufacturing and service industries. The results showed that there is a significant positive relationship between employees’ perceptions of their organizations’ engagement in CSR and their exhibition of OCB. This relationship is mediated by organizational learning culture. The implications of the results for CSR, especially in non-enabling institutional contexts, were discussed.
This book has considered ethics in the context of human vulnerability. We are vulnerable because we can be affected by things across the life span, and we can be affected by things because we are physical beings – part of the world around us and subject to the passage of time. Consequently, a life can come to an end at any time. For this reason, death is not only completely normal, but inevitable. Nevertheless, death is typically regarded as something regrettable. Issues of personhood and autonomy lie at the centre of bioethical debates about the ending of human life, especially where this involves abortion and euthanasia. Against the backdrop of these issues, this chapter provides an overview of the main legal and ethical considerations relating to abortion and euthanasia.
The thread that connects the jurisdictions analyzed, despite the different theoretical backgrounds, is that courts divide the assessment of causation in a multi-stage process whereby the verification of the causal link has a strong empirical base. However, at any stage, causal uncertainty may render the assessment of causation extremely difficult if not impossible to perform. While the previous chapters have mainly dealt with the definition of the different concepts of causation from a comparative perspective, this chapter presents the main situations and elements of causal uncertainty, thus also introducing issues related to the proof of causation.
The chapter draws insights from the institutional theoretic model to investigate the role of courts and other formal adjudicative institutions in promoting sustainable development. Its tripartite institutions framework emphasises the knowledge and communicative elements of sustainable development flowing from key social actors such as adjudicative institutions to other segments of society. Using environmental protection as a case study and making references to national laws and judicial decisions, the chapter demonstrates that adjudicative institutions can manifest a commitment to sustainable development, affirm applicable global standards influence other actors in, and segments of, society. It is argued that the regulatory role of adjudicative institutions includes constitutionalisation of sustainable development, empowerment of individuals and stakeholder groups and addressing vulnerability of victims while the normative role ensures the internalisation and transmission of sustainable development values. The cognitive role includes reshaping local practices by promoting effective glocalisation and appropriate corporate governance and social responsibility for sustainable development. While it shows adjudicative institutions as a key champion for sustainable development in the public and private spheres, the chapter proposes solutions to overcoming impediments to such as lack of explicit provisions, narrowly focusing on compensatory remedies, locus standi, forum non conveniens and choice of law.
Adopting multiple stakeholder orientation as measurement for CSR and using the data of publicly listed Chinese firms from 2011-16, we examine how firms allocate attention to the five key stakeholders’ interests under potential resource constraints across different ownership types. Main results suggest that privately owned firms are more likely to prioritize the societal-orientation, compared to state-owned and foreign-invested firms; foreign-invested firms are more likely to attend to investor-orientation, consumer-orientation and environment-orientation, compared to the other two types. Weak difference is detected in employee-orientations across the three types of firms, which may be due to a general attention to employee benefits. In the context of potential conflicting interests, results suggest that different types of ownership lead the firm to make different choices in trading off different stakeholder interests, with foreign-invested firms trading off between internal stakeholder interests and external stakeholder interests, privately owned firms trading off investor and employee interests for customer interests, and all firms trading off customer interests with environment interests.
Organisations and managers are increasingly being held accountable for CSR in their spheres of operation. While a few organisations already have structures to deal with competing demands from stakeholders with regards to corporate social responsibilities, some are caught flatfooted. This paper takes a look at the theoretical underpinning of CSR and CRS education in the literature. It also focuses on exploring the following questions. How do leaders or managers acquire the sensibilities of being in tune with the social responsibilities of an organisation? How do managers acquire the necessary knowledge and sense to handle corporate social responsibilities expectations? How are MBA institutions handling this critical task of preparing mangers as decisionmakers in charge of CSR for the future? Can a model emerge from current CSR education practices? These issues are addressed in this chapter.
This chapter examines whether the CSR concept and its emerging legal framework can become an allocative device allocating responsibility for certain aspects of development to business and channelling business conduct on development issues. CSR is a concept which often captures dimensions of the relationship between business and society in context. On the one hand, it covers aspects which focus on the mitigation of corporate impacts on a range of issues including environment, health, labour, human rights and corruption. On the other hand, it also covers the ability of corporations to contribute constructively to societal objectives in the above areas and beyond. Consequently, in a developing country context, CSR could be invariably linked to some development objectives such as optimal health, well-being, education, jobs etc…, because these objectives form the bedrock of capabilities which the individuals in these societies would like to achieve. Sen’s capabilities conception of development permits the consideration of institutions and frameworks including legal mechanisms geared towards human development objectives. Human development objectives also have a bearing on wider sustainable development goals. The chapter examines examples of emerging legal frameworks to reveal the potential and limitations of this perspective, which indicates how CSR can contribute to development.
This chapter builds on the institutional voids literature within institutional theory by highlighting the role that multinational corporations can play when policy voids are severe, as is the case in many developing countries. We utilize an in-depth narrative case study of Nestlé’s operations in Thailand to elucidate the institutional and policy voids and then to show how Nestlé worked to fill these voids. Specifically, this chapter documents the history of slavery and child labor in Thailand and how international and domestic policy efforts have failed to address these issues in a political environment that is rife with corruption and abuse. Instead, corporations like Nestlé are filling this policy void with efforts like the Seafood Task Force, which aims to alleviate human rights abuses by eliminating them at the source.
The chapter draws on the legal, institutional and stakeholder perspectives to develop a septet framework that provides clarity to the concept of sustainable consumption and production and aligns consumer protection to sustainable development in developing countries. This contextualises the roles of consumers and corporations as institutional actors and consumption as an institution. The chapter uniquely unbundles the concept as consisting of six foundational components: sustainable consumption by proximate consumers for future generations; sustainable production for future generations; sustainable consumption by/for proximate consumers; sustainable production for proximate consumers; participation by proximate consumers; and CSR. The septet framework challenges conventional approaches to consumer vulnerability, disclosure regulation, contract law, consumer responsibilisation, stakeholder, corporate governance, institutional voids and international cooperation. The chapter’s interventionist consumer protection law approach includes public interest-oriented disclosure regulation, distributive justice-oriented contract law, resolution of business-to-consumer information asymmetry, credible corporate social reporting and certification standards, distributed/shared consumer responsibilisation, stakeholder enforcement rights, obligations and protection, independent stakeholder determination of standards, resolution of related agency problems through a stakeholder approach to corporate governance and international cooperation in regulatory standards and enforcement. It is also argued that a consumer protection approach to sustainable development can promote stakeholder engagement and meaningful corporate social responsibility.
CSR and sustainability practices play a significant role across diverse sectors of an economy. This chapter examines corporate social responsibility and sustainable development in the informal economy. Through the review of the literature, the chapter establishes that unregistered micro, small, and medium enterprises mainly dominate the informal sector particularly in developing and emerging economies. The low degree of formalisation and other specific attributes common to small and medium enterprises (SMEs) operating in the informal sector, influence their CSR approach and strategies. The chapter discusses the need to build social capital (trust, reputation and legitimacy) and culture as motivating factors that promote SMEs involvement in CSR practices, while legislation and institutional context are major drivers of sustainability practices. The chapter highlights how the informal economy, particularly in the context of SMEs, can be positioned to be more socially and environmentally responsible.