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This paper aims to present that deliberate change is strongly associated with formal structures and top-down influence. Hierarchical configurations have been used to…
This paper aims to present that deliberate change is strongly associated with formal structures and top-down influence. Hierarchical configurations have been used to structure processes, overcome resistance and get things done. But is deliberate change also possible without formal structures and hierarchical influence?
This longitudinal, qualitative study investigates an open-source software (OSS) community named TYPO3. This case exhibits no formal hierarchical attributes. The study is based on mailing lists, interviews and observations.
The study reveals that deliberate change is indeed achievable in a non-hierarchical collaborative OSS community context. However, it presupposes the presence and active involvement of informal change agents. The paper identifies and specifies four key drivers for change agents’ influence.
The findings contribute to organisational analysis by providing a deeper understanding of the importance of leadership in making deliberate change possible in non-hierarchical settings. It points to the importance of “change-by-conviction”, essentially based on voluntary behaviour. This can open the door to reducing the negative side effects of deliberate change also for hierarchical organisations.
Criminal law has dramatically expanded since the 1970s. Despite popular and academic attention to overcriminalization in the United States, empirical research on how court…
Criminal law has dramatically expanded since the 1970s. Despite popular and academic attention to overcriminalization in the United States, empirical research on how court actors and, in particular, prosecutors, use the legal tools associated with overcriminalization is scarce. In this chapter, we describe three forms of overcriminalization that, in theory, have created new tools for prosecutors: the criminalization of new behaviors, mandatory minimum sentencing statutes, and the internal expansion of criminal laws. We then use a unique dataset of felony filings and dispositions in Florida from 1995 to 2015 to test a series of hypotheses examining how overcriminalization influences prosecutorial practices given three changes to the political economy during this time: the decline in violent and property crime, the Great Recession, and a growing call for criminal justice reform. We find that prosecutors have been unconstrained by declining crime rates. Yet, rather than rely on new criminal statutes or mandatory minimum sentence laws, they maintained their caseloads by increasing their filing rates for traditional violent, property and drug offenses. At the same time, the data demonstrate nonviolent other offenses are the top charge in almost 20% of the felony caseload between 2005 and 2015. Our findings also suggest that, despite reform rhetoric, filing and conviction rates decreased due to the Recession, not changes in the law. We discuss the implications of these findings for criminal justice reform.
Examines the roles of conviction and doubt in organizational learning processes and focuses on the challenge of transforming individual learning into organizational learning. Explores the individual and organizational effects of too little doubt or too little conviction in terms of awareness of the need for organizational learning, the design of organizational learning processes, and active experimentation in implementing what is being learned. Using the concepts of conviction and doubt, presents a tentative model of organizational learning which posits a cycle that alternates between individual doubt and collective consensus and conviction. Presents a brief case study from an actual organization in order to illustrate how doubt and conviction might be employed to assist interventions in organizational learning.
In his economic writings John Paul II asserts the importance of placing the human person at the center of deliberations concerning the economy. Neoclassical economists…
In his economic writings John Paul II asserts the importance of placing the human person at the center of deliberations concerning the economy. Neoclassical economists show that free trade enhances the efficiency of society. However, a byproduct of free trade is greater competition, as countries and firms adjust to the introduction of new products and processes of production, made possible through technological innovation. Neoclassical economists assume that workers will move to where new jobs develop. In many cases, however, this means that they impose burdens on their family and become more distant from friends. Each human person establishes bonds with other persons; through such family bonds of friendship a person becomes more human. This essay explores the tension between greater productive efficiency and a desire to maintain and enhance friendships. Never merely objective analysts, neoclassical economists have strong convictions concerning dynamic efficiency, while consumers have convictions about friendship. These two sets of convictions have to be reconciled. In order for policy makers to assess the true costs of free trade, mobility measures must be developed, and the neoclassical model must be modified to incorporate geographical stability as a significant factor for consumers.
The power of the executive to refer cases involving criminal conviction back to an appellate court is a mechanism for guarding against miscarriages of justice and…
The power of the executive to refer cases involving criminal conviction back to an appellate court is a mechanism for guarding against miscarriages of justice and regulating the inherent fallibility of the criminal justice system. These cases typically come before the executive by way of a petition that claims a person has been wrongfully convicted. In Australia, however, there are few guidelines and little information as to the criteria and standards by which the executive decides whether to refer a petitioned case. The test the petitioner must meet is not clear. This chapter therefore has two purposes. The first is to examine the types of petitions most likely to be referred to the appellate court by the executive. These cases are shown to fall into particular categories. The second is to argue that, from these categories, inferences may be drawn about the test the executive uses in deciding whether to refer a petition. These inferences follow from the common principles and links between the cases in each category. The chapter identifies the test the petition should meet to have optimal chance of referral.
Collateral consequences (CCs) of criminal convictions such as disenfranchisement, occupational restrictions, exclusions from public housing, and loss of welfare benefits…
Collateral consequences (CCs) of criminal convictions such as disenfranchisement, occupational restrictions, exclusions from public housing, and loss of welfare benefits represent one of the salient yet hidden features of the contemporary American penal state. This chapter explores, from a comparative and historical perspective, the rise of the many indirect “regulatory” sanctions flowing from a conviction and discusses some of the unique challenges they pose for legal and policy reform. US jurisprudence and policies are contrasted with the more stringent approach adopted by European legal systems and the European Court of Human Rights (ECtHR) in safeguarding the often blurred line between criminal punishments and formally civil sanctions. The aim of this chapter is twofold: (1) to contribute to a better understanding of the overreliance of the US criminal justice systems on CCs as a device of social exclusion and control, and (2) to put forward constructive and viable reform proposals aimed at reinventing the role and operation of collateral restrictions flowing from criminal convictions.
Intellectual humility and religious conviction are often posed as antagonistic binaries; the former associated with science, reason, inclusive universality, and liberal secularism, the latter with superstition, dogma, exclusive particularity, and rigid traditionalism. Despite popular images of white American evangelicals as the embodied antithesis of intellectual humility, responsiveness to facts, and openness to the other, this article demonstrates how evangelicals can and do practice intellectual humility in public life while simultaneously holding fast to particularistic religious convictions. Drawing on textual analysis and multi-site ethnographic data, it demonstrates how observed evangelical practices of transposable and segmented reflexivity map onto pluralist, domain-specific conceptualizations of intellectual humility in the philosophical and psychological literature. It further argues that the effective practice of intellectual humility in the interests of ethical democracy does not require religious actors to abandon particularistic religious reasons for universal secular ones. Rather, particularistic religious convictions can motivate effective practices of intellectual humility and thereby support democratic pluralism, inclusivity, and solidarity across difference. More broadly, it aims to challenge, or at least complicate, the widespread notion that increasing strength of religious conviction always moves in lockstep with increasing dogmatism, tribalism, and intellectual unreasonableness.
Two metaphors of human motivation have dominated justice theory and research: homo economicus (people as rational utility maximizers) and homo socialis (people as status…
Two metaphors of human motivation have dominated justice theory and research: homo economicus (people as rational utility maximizers) and homo socialis (people as status and social value maximizers). This chapter reviews theory and research inspired by a recent third perspective: homo moralis, that is, people as innately concerned about morality. When people have strong moral convictions at stake, their perceptions of outcome fairness and decision acceptance are shaped more by whether outcomes are consistent with perceivers’ moral priorities than by whether authorities act in procedurally fair ways; moreover, whether authorities yield morally correct outcomes shapes subsequent perceptions of the legitimacy of these authorities or authority systems. Emotion plays an important role in both of these effects.
A collection of essays by a social economist seeking to balanceeconomics as a science of means with the values deemed necessary toman′s finding the good life and society…
A collection of essays by a social economist seeking to balance economics as a science of means with the values deemed necessary to man′s finding the good life and society enduring as a civilized instrumentality. Looks for authority to great men of the past and to today′s moral philosopher: man is an ethical animal. The 13 essays are: 1. Evolutionary Economics: The End of It All? which challenges the view that Darwinism destroyed belief in a universe of purpose and design; 2. Schmoller′s Political Economy: Its Psychic, Moral and Legal Foundations, which centres on the belief that time‐honoured ethical values prevail in an economy formed by ties of common sentiment, ideas, customs and laws; 3. Adam Smith by Gustav von Schmoller – Schmoller rejects Smith′s natural law and sees him as simply spreading the message of Calvinism; 4. Pierre‐Joseph Proudhon, Socialist – Karl Marx, Communist: A Comparison; 5. Marxism and the Instauration of Man, which raises the question for Marx: is the flowering of the new man in Communist society the ultimate end to the dialectical movement of history?; 6. Ethical Progress and Economic Growth in Western Civilization; 7. Ethical Principles in American Society: An Appraisal; 8. The Ugent Need for a Consensus on Moral Values, which focuses on the real dangers inherent in there being no consensus on moral values; 9. Human Resources and the Good Society – man is not to be treated as an economic resource; man′s moral and material wellbeing is the goal; 10. The Social Economist on the Modern Dilemma: Ethical Dwarfs and Nuclear Giants, which argues that it is imperative to distinguish good from evil and to act accordingly: existentialism, situation ethics and evolutionary ethics savour of nihilism; 11. Ethical Principles: The Economist′s Quandary, which is the difficulty of balancing the claims of disinterested science and of the urge to better the human condition; 12. The Role of Government in the Advancement of Cultural Values, which discusses censorship and the funding of art against the background of the US Helms Amendment; 13. Man at the Crossroads draws earlier themes together; the author makes the case for rejecting determinism and the “operant conditioning” of the Skinner school in favour of the moral progress of autonomous man through adherence to traditional ethical values.