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Article
Publication date: 31 December 2015

Fang Ma

The purpose of this paper is to assess the application of the nascent corporate opportunity doctrine in China by comparison with its well-established English counterpart;…

Abstract

Purpose

The purpose of this paper is to assess the application of the nascent corporate opportunity doctrine in China by comparison with its well-established English counterpart; in particular, it evaluates whether the fine balance between business integrity and business efficiency has been struck.

Findings

It is argued that the scope of application of the corporate opportunity doctrine in China should be extended, and the rules on the burden of proof should be amended. Moreover, a stricter approach should be adopted by the Chinese judiciary for the purpose of protecting the company’s interests and enhancing business integrity.

Research limitations/implications

This paper mainly focuses on the corporate opportunity doctrine. It does not discuss other duties of directors in detail.

Practical implications

It is useful for directors in balancing business integrity and business efficiency.

Originality/value

It is an original piece of work which assesses the corporate opportunity doctrine by making comparison with English law.

Details

Journal of Financial Crime, vol. 23 no. 1
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 6 May 2014

Chrispas Nyombi

This paper aims to explore the role corporate personality has played in the battle between executive remuneration and fairness, which is linked to rewarding performance…

Abstract

Purpose

This paper aims to explore the role corporate personality has played in the battle between executive remuneration and fairness, which is linked to rewarding performance. This paper also aims to explore some of the policy measures taken by the UK Government to curb excessive remuneration especially in the banking sector.

Design/methodology/approach

This paper employs an analytical approach. An analytical approach relies on the collection of new information upon which to base any conclusions. The research supports the arguments being made in the paper.

Findings

The paper shows how the ruling in Salomon, over a century ago, that cemented corporate personality and limited liability in the UK, is hampering many of the measures aimed at rewarding performance and promoting fairness in relation to executive remuneration.

Originality/value

Limited research has been done on executive remuneration. Since executive pay has recently hit the media agenda, this paper purports to tackle a current and ongoing issue.

Details

International Journal of Law and Management, vol. 56 no. 3
Type: Research Article
ISSN: 1754-243X

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Article
Publication date: 1 May 1997

Phillip C. Wright and Penny Hartin

“As employee attitudes and actions reflect the increased public concern with social and environmental problems and the proper role of the corporation in p articipating in…

Abstract

“As employee attitudes and actions reflect the increased public concern with social and environmental problems and the proper role of the corporation in p articipating in their solution, traditional doctrines of the employee's duties of loyalty and obedience and the employer's right of discharge will undergo increasing change…. The real question is to establish civilised parameters of permissible conduct that will not keep employees from expressing themselves… and at the same time will not introduce elements of breach of confidentiality and impairment of loyalty that will materially impair the functioning of the corporation itself. A balancing of interests, not a blind reiteration of traditional doctrines is required”.

Details

Management Research News, vol. 20 no. 5
Type: Research Article
ISSN: 0140-9174

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Article
Publication date: 25 December 2020

Razana Juhaida Johari, Md. Mahmudul Alam and Jamaliah Said

Integrity-related issues are now endemic to public service bureaucracies. It is claimed that corruption in the public sector is very common in various…

Abstract

Purpose

Integrity-related issues are now endemic to public service bureaucracies. It is claimed that corruption in the public sector is very common in various departments/agencies. Lack of integrity will lead to failings in governance and proper oversight of procedures, and subsequently poor financial management and incidents of fraud. Based on the stakeholder theory perspective, this study examines the influences of accountability, risk management and managerial commitment on practices of integrity in the Malaysian public sector.

Design/methodology/approach

Primary data were collected through both printed and online questionnaires given to 210 department heads operating within selected Malaysian federal ministries. Data were analysed via the partial least squares-structural equation modelling (PLS-SEM) approach to examine the research hypotheses.

Findings

It is evident that integrity practices in Malaysia's public sector are statistically significantly related to risk management, accountability and management commitment.

Practical implications

The findings will help the Malaysian federal ministries to take the necessary steps to improve integrity so that dependability and efficiency are the hallmarks of public sector services.

Originality/value

To the best of the authors' knowledge, this study is one of the first to examine the role of accountability, risk management and managerial commitment to integrity in the public sector of a developing market economy.

Details

Business Process Management Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1463-7154

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Article
Publication date: 1 March 1985

Tomas Riha

Nobody concerned with political economy can neglect the history of economic doctrines. Structural changes in the economy and society influence economic thinking and…

Abstract

Nobody concerned with political economy can neglect the history of economic doctrines. Structural changes in the economy and society influence economic thinking and, conversely, innovative thought structures and attitudes have almost always forced economic institutions and modes of behaviour to adjust. We learn from the history of economic doctrines how a particular theory emerged and whether, and in which environment, it could take root. We can see how a school evolves out of a common methodological perception and similar techniques of analysis, and how it has to establish itself. The interaction between unresolved problems on the one hand, and the search for better solutions or explanations on the other, leads to a change in paradigma and to the formation of new lines of reasoning. As long as the real world is subject to progress and change scientific search for explanation must out of necessity continue.

Details

International Journal of Social Economics, vol. 12 no. 3/4/5
Type: Research Article
ISSN: 0306-8293

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Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and…

Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 April 2003

Georgios I. Zekos

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination…

Abstract

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.

Details

Managerial Law, vol. 45 no. 1/2
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 7 March 2008

Ben Tran

Crime, fraud, and corruption, are all nouns that pertain to the act of deception that depicts an intention to increase an opportunity in one's favor in an unlawful manner…

Abstract

Purpose

Crime, fraud, and corruption, are all nouns that pertain to the act of deception that depicts an intention to increase an opportunity in one's favor in an unlawful manner that pertains to an organization's interest and goals. Such offenses are numerous and quite costly and are now a commonplace criminal behavior within corporations. Motivations and purposes for corruption may be subjective but the legality of corruption is not. Thus, the rhetorical interpretations of corruption may be analyzed through two distinctive paradigms, the social behavioral science paradigm and the legality paradigm. This paper seeks to address this issue.

Design/methodology/approach

Court cases were analyzed, 70 major American corporations, in addition to a study of the largest industrial firms focused upon a two‐year period.

Findings

Based on the above samples, it was found that corporate corruptions are extremely common, but taboo to admit. The limitations to this study are accessibility, participants, and whistle‐blowers.

Originality/value

Implementing organizational guidelines (OG) is one appropriate and objective method in addressing corporate corruption and to confirm corporate compliance. While implementing the OG is objective, the process of implementing the OG is subjective. Subjectivity derives from opportunistic interpretations of the imperfect OG. Objective interpretation and objective implementation of the OG will confirm corporate compliance, and it is the CEO's responsibility to oversee this process.

Details

Social Responsibility Journal, vol. 4 no. 1/2
Type: Research Article
ISSN: 1747-1117

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Book part
Publication date: 3 July 2018

Paolo Andrei, Federica Balluchi and Katia Furlotti

In current economic systems, the role played by non-profit and voluntary organisations is relevant. Several studies analyse the development of these organisations and…

Abstract

In current economic systems, the role played by non-profit and voluntary organisations is relevant. Several studies analyse the development of these organisations and suggest reasons related to the dissemination of policies that first consider public intervention and then ‘the third way’ of the economy as a way to increase wealth and support economic development. In this context, it should be noted that:

  • Modern non-profit organisations (NPOs) take the form of enterprises encouraging the development of capabilities to satisfy human needs in terms of production of goods and utilities.

  • A systematic cooperation with the local context (i.e. enterprises and Public Administration) is becoming increasingly more important for the survival and development of NPOs.

  • Excellent opportunities for economic and social growth and for mutual development can develop from this type of cooperation.

  • Starting from this premise, the purpose of the research is to suggest some insight on the theme of cooperation between for-profit and non-profit world in the light of the thought of Church’s Social Doctrine, and in particular, of the Encyclical Letter of Benedict XVI, Caritas in VeritateOn Integral Human Development in Charity and Truth. In this sense, the contribution is a conceptual work; the study could improve with empirical research concerning the level of diffusion and the form of collaborations for-profit/non-profit in the Italian context.

Modern non-profit organisations (NPOs) take the form of enterprises encouraging the development of capabilities to satisfy human needs in terms of production of goods and utilities.

A systematic cooperation with the local context (i.e. enterprises and Public Administration) is becoming increasingly more important for the survival and development of NPOs.

Excellent opportunities for economic and social growth and for mutual development can develop from this type of cooperation.

Starting from this premise, the purpose of the research is to suggest some insight on the theme of cooperation between for-profit and non-profit world in the light of the thought of Church’s Social Doctrine, and in particular, of the Encyclical Letter of Benedict XVI, Caritas in VeritateOn Integral Human Development in Charity and Truth. In this sense, the contribution is a conceptual work; the study could improve with empirical research concerning the level of diffusion and the form of collaborations for-profit/non-profit in the Italian context.

From a methodological point of view, after a literature review on NPOs and corporate social responsibility, the chapter analyses reasons, strategies and tools of collaborations between non-profit and for-profit worlds (the role of Public Administration and hybrid organisation is excluded). Then, focus moves up on Church’s Social Doctrine and Encyclical Letter Caritas in Veritate with particular attention to the topic analysed in this chapter (collaboration for-profit/non-profit enterprises). The vision emerging from the Encyclical is that the dichotomy between for-profit and NPOs should be resolved by striving for the development of a ‘civil economy’ with the capacity to promote the overall development of the human being. The research highlights the importance of dissemination of initiatives promoted predominantly by NPOs, with the objective of stimulating and supporting the implementation of forms of structured collaboration; we are sure that a ‘connection point’ between for-profit and non-profit is now necessary.

Details

Hybridity in the Governance and Delivery of Public Services
Type: Book
ISBN: 978-1-78743-769-2

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Article
Publication date: 12 October 2015

Nihel Chabrak

The purpose of the paper is to propose a model of integrity to help assess corporate responsiveness to this new wave of pressure in the backdrop of the prevailing…

Abstract

Purpose

The purpose of the paper is to propose a model of integrity to help assess corporate responsiveness to this new wave of pressure in the backdrop of the prevailing Shareholder Value Maximization doctrine. In a context of ecological crisis, sustainability is considered in an intergenerational perspective on well-being. Nations are required to maintain the productive base, composed of manufactured, natural and human capitals, to continue producing future generations’ well-being. Such macroeconomic challenges require businesses to contribute to human and natural capitals’ conservation.

Design/methodology/approach

This paper applies the integrity model to the historical case of the New Lanark mills from Owen’s (1991/1813-1816) new view of society. Owen’s deeds are compared to his promises in light of community expectations in that time to assess Owen’s commitment to social responsibility through “his honoring his word”.

Findings

The findings show the importance of the concept of “workability” for a business to create an opportunity set for “performance”. Such workability is determined by the business being a person of integrity.

Research limitations/implications

Future researches are invited to use this model to build empirical evidence of corporate irresponsibility in dealing with the new challenges.

Practical implications

This paper’s contribution resides in the capacity to uncover any attempt by businesses to subsume their corporate social responsibility and sustainability commitment to the doxic shareholder value maximization (SVM) ideology.

Social implications

The findings recall the importance for corporate activities to be re-embedded in their social and ecological contexts. This requires an overhaul of the business logic.

Originality/value

The originality of the model of integrity resides in its simplicity and practicality.

Details

Society and Business Review, vol. 10 no. 3
Type: Research Article
ISSN: 1746-5680

Keywords

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