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Book part
Publication date: 17 July 2014

Julia J. A. Shaw and Hillary J. Shaw

The modern social and political order is characterised by a range of disparate moralities which lead to a plethora of interpretations and competing perspectives as to what ought…

Abstract

Purpose

The modern social and political order is characterised by a range of disparate moralities which lead to a plethora of interpretations and competing perspectives as to what ought to be the appropriate ethical template for corporate social responsibility. The possibility of uniting these disparate threads into a unified whole is explored by addressing the complex philosophies of Immanuel Kant and his alleged successor, Hans Kelsen; paying particular attention to their contrasting views of the proper foundations of public consensus towards establishing an idealised moral community of corporate actors.

Design/methodology/approach

The research is library-based and suggests that philosophy (in this instance, Kant’s moral philosophy and Kelsen’s general theory of law and state, for example) is able to offer an alternative rational and morally grounded ethics of law and governance; pertinent to the effective governance of corporate behaviour and moral management practices.

Findings

Central concepts, characteristic of both the Kantian and Kelsenian philosophical methodologies, have the capacity to act as a positive influence on the development of effective CSR mechanisms for assuring greater accountability. In addition, it is suggested that by prescribing ethically appropriate corporate behaviour as a first consideration, such philosophical frameworks are capable of providing a powerful disincentive against corporate crime.

Originality/value

The paper is interdisciplinary and (in an era of mistrust, global financial impropriety and other corporate misdemeanours) explores the utility of a philosophical approach towards articulating the conditions for imposing a moral duty incumbent upon all corporate actors in addressing the practical and conceptual needs of their shareholders and wider society.

Details

Ethics, Governance and Corporate Crime: Challenges and Consequences
Type: Book
ISBN: 978-1-78350-674-3

Keywords

Book part
Publication date: 20 September 2023

Norimune Kawai

In 2014, Japan ratified the CRPD, which spurred to the development of domestic laws; however, the education section of the Convention does not clarify how to educate children with…

Abstract

In 2014, Japan ratified the CRPD, which spurred to the development of domestic laws; however, the education section of the Convention does not clarify how to educate children with disabilities in inclusive education. Thus, while the global inclusive education goal advocated by UNESCO and other bodies concerns education for all, inclusive education in Japan is seen as education for children with disabilities, and the philosophies and practices are very different. Therefore, this chapter introduces the policies and current practices of inclusive education in Japan and discusses the possibilities for school education reform from the perspective of real inclusive education.

Details

Progress Toward Agenda 2030
Type: Book
ISBN: 978-1-80455-508-8

Keywords

Book part
Publication date: 10 February 2012

Michal Alberstein

The formality of modern law is a constitutive element in its operation, but the “revolt against formalism” and the charge of mechanical jurisprudence are also as old as the law…

Abstract

The formality of modern law is a constitutive element in its operation, but the “revolt against formalism” and the charge of mechanical jurisprudence are also as old as the law. This chapter focuses on formalism in legal decision-making in hard cases and assumes that contemporary decision-making in law combines formalistic with nonformalistic expressions as part of its routine operation. The research develops a sensitive multidimensional measure that will be used to evaluate legal texts by examining various vectors of formalism. It begins by exploring diverse jurisprudential cultures of formalism, which have developed mainly in American legal thought. Based on the historical analysis of cultures of formalism, the chapter continues to frame eight claims of formalism that have all been contested in legal writing. It proposes to examine the following parameters, based on these claims: (1) the introduction and framing of the legal question; (2) the use of extralegal arguments; (3) reliance on policy arguments and on legal principles; (4) reference to discretion and choice; (5) the relationship between what is presented as facts and what is presented as norms; (6) preservation of traditional boundaries in law; (7) the use of professional judicial rhetoric; (8) the gap between law in the books and law in action; and (9) judicial stability and institutional deference. Each of these parameters can be used to evaluate the level of formalism in a concrete text. The interplay between diverse evaluations of the same case is a subject for inquiry and contemplation. These parameters can also be redefined as variables for a quantitative content analysis, and legal decisions can be coded accordingly. This will enable an analysis of differences between justices, legal issues, legal jurisdictions, and time frames, as well as the correlation between the various parameters of formalism. The tendency to formalism, according to the analysis here, is never pure and is part of a complex legal culture that usually combines formalistic elements with nonformalistic ones.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78052-622-5

Book part
Publication date: 10 December 2003

Michal Alberstein

The present paper attempts to map the discursive relations between conflict and settlement as reflected in the realms of law and mediation during the second half of the 20th…

Abstract

The present paper attempts to map the discursive relations between conflict and settlement as reflected in the realms of law and mediation during the second half of the 20th century, offering a 21st century model to combine the mediation drive to settle through reaching inter-subjective transformation with the legal drive to escalate and promote social conflict. Contemporary mediation, according to this model, should involve on the one hand “negotiating for justice,” according to the familiar models of problem solving and transformation, and on the other hand “fighting for law”: acknowledging the self-referential and ideological quality of conflicts, while emphasizing the pragmatic need to end them through an interpretive public act that involves value judgments.

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-252-8

Abstract

Details

Management for Scientists
Type: Book
ISBN: 978-1-78769-203-9

Book part
Publication date: 28 September 2023

Bedri Bahtiri, Gani Asllani and Simon Grima

This chapter addresses the main issues regulating property rights in Kosovo, with particular attention given to the public property. Through this chapter, an effort will be made…

Abstract

This chapter addresses the main issues regulating property rights in Kosovo, with particular attention given to the public property. Through this chapter, an effort will be made to present a short historical overview of property forms in Kosovo, especially its transformation from one kind to another in the past as a part of former Yugoslavia, during the period of the 90s and for the period of UNMIK Administration, as well as an objective reflection of the current state of the legislation of the Republic of Kosovo with concern to public property.

The authors carried out a desk review of academic literature, national and international regulation, reports provided by international institutions and other available important resources. Besides the theoretical review of international and local literature, legislation in Kosovo and other relevant documents, the chapter focusses on practical research by analysing the relevant legal property acts in Kosovo and the current situation in ownership and property rights, nidificate legal vacuum and existing weaknesses.

The legal acts in Kosovo have not sufficiently regulated state property’s status, so the question of which level of power is competent to manage state property has become an object of various interpretations.

The authors herein propose a few measures to regulate real property right with special attention to one public property.

The authors define the need to regulate property forms in Kosovo and their harmonisation, such as undertaking the proper coordinated steps to have an adequate property rights regime.

Details

Digital Transformation, Strategic Resilience, Cyber Security and Risk Management
Type: Book
ISBN: 978-1-83797-009-4

Keywords

Abstract

Details

Organized Labor and Civil Society for Multiculturalism: A Solidarity Success Story from South Korea
Type: Book
ISBN: 978-1-83982-388-6

Book part
Publication date: 8 March 2011

Peter T. Treadway

This chapter explores Hong Kong's future as a major public securities market. It concludes that Hong Kong has the potential to become one of the world's major – if not the number…

Abstract

This chapter explores Hong Kong's future as a major public securities market. It concludes that Hong Kong has the potential to become one of the world's major – if not the number one – public securities market in the coming decades. However, there are four major factors that will affect how much this potential is realized: (1) How Hong Kong's market is treated by the Central Government in Beijing vis-a-vis its competitors in Shanghai and Shenzhen. If Hong Kong is allowed full access to the Chinese saver/investor and Chinese firms are allowed the choice of listing in Hong Kong, then Hong Kong will outcompete its Shanghai and Shenzhen rivals regardless of whether Shanghai and Shenzhen are opened for listings by foreign companies and to foreign investors. Hong Kong will thrive in an environment of no capital constraints on the renminbi. Conversely, a retention of the renminbi capital controls combined with free access of foreign firms to list on Shanghai or Shenzhen and/or restrictions on Chinese firms listing in Hong Kong would be very harmful to Hong Kong. (2) How skillful and aggressive Hong Kong and the Hong Kong Exchanges and Clearing Ltd. are in making Hong Kong into a global competitor as a securities market. Hong Kong's principal competitors on a global basis are New York and London and the new electronic exchanges that have sprung up in Western countries. (3) The full force of new technologies is not inhibited in Hong Kong to protect a monopoly position of the Hong Kong Exchanges and Clearing Ltd. (4) Hong Kong maintains its stable relationship with the US dollar, no capital controls are introduced in Hong Kong, and that Beijing continues to respect Hong Kong's information freedom as specified in the Basic Law.

Abstract

Details

Energy Economics
Type: Book
ISBN: 978-1-83867-294-2

Book part
Publication date: 28 September 2020

Nükhet Çıkrıkçı

In this chapter, Turkish educational system and institutional quality assessment initiatives of education are explained. And also, the relationship between educational quality

Abstract

In this chapter, Turkish educational system and institutional quality assessment initiatives of education are explained. And also, the relationship between educational quality assurance (QA) in Turkey and issues of effective schooling is summarised in terms of Turkish literature.

Education is widely accepted as a lifelong process. The school is an institution established in order to provide qualified education which contains complex and more abstract knowledge and ideas as well as literacy and simple numerical skills to the students. Each country has basically established education systems and educational institutions to ensure social integration, continuity and stability, and to sustain the social and cultural heritage of a society. Education in Turkey is one of the state’s basic functions according to the constitution and performed under the supervision and control of the state with the declaration of the Republic of Turkey. Ministry of National Education is responsible for the implementation of all education activities centrally managed in the Republic of Turkey. Higher Education Council (YÖK) is responsible for the management and thus the quality processes of the higher education institutions in Turkey. Two major attempts in this perspective are YÖK, which assesses the institutions with standards which are coherent with international accreditation institutions, and Higher Education Quality Council (YÖKAK), an independent and specific council which is established by YÖK. YÖK and YÖKAK are governmental-based quality-assessment institutions. Association for Evaluation and Accreditation of Teacher Colleges’ Educational Programs (EPDAD) is also an independent institution for quality assessment of education faculties which focusses on teacher training and education. The purpose of EPDAD is to strengthen the student learning in formal training and to ensure the quality standards for candidate teachers. Any undergraduate programme which meets the standards of EPDAD is accredited for three years. Standards of EPDAD are detailed in this chapter.

Details

From Pedagogy to Quality Assurance in Education: An International Perspective
Type: Book
ISBN: 978-1-83867-106-8

Keywords

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