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1 – 10 of 30The purpose of the paper is to demonstrate that notwithstanding the fact that stewardship theory embraces things like trust of directors, their professionalism, loyalty and…
Abstract
Purpose
The purpose of the paper is to demonstrate that notwithstanding the fact that stewardship theory embraces things like trust of directors, their professionalism, loyalty and willingness to be concerned for the interests of others, as well as rejecting the foundations of classic agency problems that are asserted by agency theory, board accountability is as relevant to stewardship theory as it is to agency theory.
Design/methodology/approach
The paper applies the theory underlying board accountability in corporate governance, which is so often applied both in the corporate governance literature and in practice with agency theory in mind, to stewardship theory.
Findings
While the idea of accountability of boards is generally associated with an explanation and conceptualisation of the role and behaviour of directors as agents within classic agency theory, the paper demonstrates that board accountability is a necessary part of board life even if the role of directors is explained and conceptualised in terms of stewardship theory.
Practical implications
The paper suggests some accountability mechanisms that might be employed in a stewardship approach.
Originality/value
While many authors have talked in general terms about board accountability and its importance, this is the first paper that has engaged in a substantial study that links board accountability directly with stewardship theory, and to establish that accountability is necessary.
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The purpose of this paper is to discuss two important aspects of enforcement of ethical standards: indirect enforcement, that is the Confucian approach, and common law…
Abstract
Purpose
The purpose of this paper is to discuss two important aspects of enforcement of ethical standards: indirect enforcement, that is the Confucian approach, and common law enforcement. In the context of Confucianism, one must adopt the ethical teachings in a moderate or “middle” way. We should not be too attached to the liberal interpretation of the Confucian texts but must have the wisdom to apply the concepts case-by-case. The issue then is if there are no legal consequences or punishment, then how we can ensure that someone will continue to comply with the standards.
Design/methodology/approach
The authors analyze the Confucian texts in relation to the enforcement of the ethical standards. The authors investigate the Entity Maximization and Sustainability Model by referring to the exit option, the voice option, the influence exerted on the board of directors, the sending of the Confucian representatives to sit on the board of directors, the oppression remedy and statutory derivative actions. The authors adopt a comparative study approach and argue that the Confucian enforcement of ethics can fill in the gap where common law rules of procedure cannot reach in the context of Chinese corporate governance system.
Findings
By referring to the Confucian teaching, there are several ways to encourage the superior to follow the ethical standards, namely, education, fear of punishment by society, peer pressure, intrinsic value, continuing education and codification of Confucian value/moral standards. In addition, there are several enforcement options based on the Entity Maximization and Sustainability Model, which is highly relevant to the enforcement model of Confucianism.
Originality/value
It is the first of its kind in strengthening the enforcement of Chinese business ethics by adopting the Confucian approach and common law approach. The two are not mutually exclusive but complementary with each other to bring the enforcement of Chinese business ethics to the next level.
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The traditional form of legal research with its predominant emphasis on doctrinal and theoretical analysis is now increasingly augmented by empirical research that seeks to…
Abstract
Purpose
The traditional form of legal research with its predominant emphasis on doctrinal and theoretical analysis is now increasingly augmented by empirical research that seeks to document actions and decisions and draw broader conclusions. This relatively new research tradition is arguably making a positive contribution to legal theory and practice, particularly in the USA [for a general discussion see SJ Lubben, “Do Empricial Bankruptcy Studies Matter?” (2012) 20 ABI L Rev 715]. The paper aims to report on the use of empirical research to examine corporate governance in the context of financially distressed UK public companies.
Design/methodology/approach
The paper uses statutory corporate filings and mandatory stock exchange reports to document the process of informal debt resolution prior to the company’s entry into administration or Company Voluntary Arrangement. The findings are presented in an innovative way as a series of case studies focusing on process, participants and outcomes of informal debt resolution.
Findings
The paper concludes that it is possible to use case study research as a means to explore corporate governance in the context of financially distressed companies. Although such an approach is challenging in various ways, there are some advantages that complement more traditional research approaches. The findings show how directors’ attention shifts away from shareholders’ interests to those of creditors at times of financial distress and challenges conventional models of governance that stress shareholder value.
Originality/value
The distinctive features of the research are the development of a case-study based approach that draws on publicly available data sources, a process based analysis and a synthesis of corporate governance and law.
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Andrew McCulloch, Matt Muijen, David Crepaz‐Keay and Isabella Goldie
Michael Lester and Marie dela Rama
The coronavirus (COVID-19) pandemic has arguably exposed the failures of neoliberalism and its political agenda over the past generation. The response has seen governments…
Abstract
The coronavirus (COVID-19) pandemic has arguably exposed the failures of neoliberalism and its political agenda over the past generation. The response has seen governments resurrect neo-Keynesian policies in order to address the weaknesses in the current market system and to mitigate the worst economic downturn since the Second World War (1939–1945). This chapter contextualizes the Australian perspective and the policy responses to the economic challenges posed by COVID-19. The authors contrast that with the experience of the USA and UK with whom the country shares common institutions and culture, including a generation of neoliberal economic reforms.
By closing large sections of the economy, the Australian COVID-19 response provided extensive social welfare support and bailed out several sectors and industries. Previously unacceptable and unthinkable levels of budget deficit and country debt were incurred. This systemic state intervention into the economy raises the question of whether the pandemic signals the end of the neoliberal era and its ramifications – or whether this neo-Keynesian pause was a kneejerk response to ensure and protect its legacy.
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Discriminatory attitudes to (ex) service users may threaten modernisation as they limit and shrink the workforce and prevent committed workers from succeeding. The report of the…
Abstract
Discriminatory attitudes to (ex) service users may threaten modernisation as they limit and shrink the workforce and prevent committed workers from succeeding. The report of the 1st National Conference of Survivor Workers gives senior managers the knowledge needed to increase the size and capability of the workforce.
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The global financial crisis of 2007-2008 prompted a significant debate on corporate governance and shareholder empowerment. A question arises as to whether shareholders ought to…
Abstract
Purpose
The global financial crisis of 2007-2008 prompted a significant debate on corporate governance and shareholder empowerment. A question arises as to whether shareholders ought to be further empowered to have a greater influence over the companies’ activities. Yet, it is not self-evident that shareholder empowerment ensures better-run companies’ corporate activities. Thus, the purpose of this paper is to critically examine, identify and explain the corporate regulation forms and control collectively to evaluate the effectiveness of shareholder empowerment fully.
Design/methodology/approach
To do so, this paper sets out a comparative analysis approach between two jurisdictions, the UK and Delaware in the USA. The paper further addresses by undertaking three case studies; Barclays Plc which illustrated the Comply or Explain role, AVIVA (2012) that concentrated on the impact of the shareholder revolt, and the case of Hills Stores Co. v. Bozic (2000), which involved a claim brought by shareholders on the grounds of a breach of fiduciary duty.
Findings
This paper argues that the shareholder empowerment theoretically provides an effective means through which corporate activities can be regulated. However, to do this, account must be taken that a distinction should be made between long-term and short-term investors to encourage shareholder engagement by responsible long-term investors. Furthermore, the shareholders can exercise their powers effectively and influence the Board’s decision to award executive compensation.
Originality/value
This paper offered two distinct contributions: assessing whether in times of crisis shareholder empowerment represents a way to regulate corporate activities and by assessing the distinction between the perception of shareholder empowerment and the reality in practice.
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Lynne Friedli and Andrew McCulloch
Choosing Health is the first government public health white paper since Saving Lives: Our Healthier Nation, published in 1999. It aims to make the NHS ‘a health service, not a…
Abstract
Choosing Health is the first government public health white paper since Saving Lives: Our Healthier Nation, published in 1999. It aims to make the NHS ‘a health service, not a sickness service,’ and is strongly influenced by the Wanless reports. This paper presents a critical review of the main elements of the white paper that relate to mental health, and sets out the actions that policy makers and service delivery organisations need to take to build genuinely mental health promoting public services within a mentally healthy society.