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1 – 10 of over 1000When someone’s actions deviate from the social norms of the majority, those actions may be used as the basis for criminal charges against the person, even when the person’s…
Abstract
When someone’s actions deviate from the social norms of the majority, those actions may be used as the basis for criminal charges against the person, even when the person’s actions are considered innocent within his or her culture. This chapter examines the evidence that can be presented on behalf of a person wishing to invoke a cultural defense, and the author also shares her own experiences in utilizing the defense as an attorney. Cultural defenses can be effective; however, there are arguments both for and against its use. Also explained are processes of pretrial litigation, qualifying an expert witness, trial, sentencing, and appeals.
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FR. Oswald A. J. Mascarenhas, S.J.
This chapter covers basic concepts, ethical theories, and moral paradigms of corporate ethics for identifying, understanding, and responding to the turbulent market challenges of…
Abstract
Executive Summary
This chapter covers basic concepts, ethical theories, and moral paradigms of corporate ethics for identifying, understanding, and responding to the turbulent market challenges of today. The concept, nature, and domain of ethics, business ethics, managerial ethics, and corporate executive ethics are defined and differentiated for their significance. The domain, scope, and nature of related concepts such as legality, ethicality, morality, and executive spirituality are distinguished and developed. Among normative and descriptive ethical theories that we briefly review and critique here are teleology or utilitarianism, deontology or existentialism, distributive justice, corrective justice, and ethics of malfeasance and beneficence. Other moral theories of ethics such as ethics of human dignity, ethics of cardinal virtues, ethics of trusting relations, ethics of stakeholder rights and duties, ethics of moral reasoning and judgment calls, ethics of executive and moral leadership, and ethics of social and moral responsibility will be treated in a later book. The thrust of this book is positive: despite our not very commendable track record in managing this planet and its resources, our basic questions are: Where are we now? What are we now? Where should we as corporations go, and why? What are the specific positive mandates and metrics to corporate executives to reach that desired destiny? This chapter explores responses to these strategic corporate questions.
Throstur Olaf Sigurjonsson, Robert H. Haraldsson and Jordan Mitchell
While the concept of legal culture has been receiving a growing attention from scholars, this research often overemphasizes the similarity of the opinions held by different…
Abstract
While the concept of legal culture has been receiving a growing attention from scholars, this research often overemphasizes the similarity of the opinions held by different segments of population. Furthermore, the relationship of migration and the change of legal-cultural attitudes has not received particular attention. Drawing on 70 in-depth interviews with the immigrants of the early 1990s from the former Soviet Union to Israel and the secular Israeli Jews, this chapter provides a comprehensive account of the various aspects of legal culture of these groups. The second important finding is the persistence of the legal-cultural attitudes and perceptions over time.
This chapter shows that Kant’s notion of human dignity can be understood as a novel ‘care of the self’ and an ‘art of not being governed’. Drawing on a Foucauldian approach, it…
Abstract
This chapter shows that Kant’s notion of human dignity can be understood as a novel ‘care of the self’ and an ‘art of not being governed’. Drawing on a Foucauldian approach, it demonstrates that Kant intends to shape an ethical subject that strives for freedom and self-mastery. It also argues Kant’s idea of dignity embodies a political and spiritual form of resistance against dominant relations of power and subjectivities. Thanks to this novel perspective, this chapter also offers novel insights on the political force of human dignity. With Kant, this notion becomes a ‘government of the self by oneself’.
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