Search results

The auditing and accounting profession must provide appropriate disclosure of the going concern status of an entity, especially when that status is threatened. Auditors have an obligation to consider the wider legal environment of an entity, including all relevant case law, when they perform any such audit. Despite this obligation, the auditing profession appears to violate important legal principles. The auditor’s approach to the going concern status of an entity is contained in the South African Auditing Standard, SAAS 570 “Going Concern”. The South African legal framework’s approach to this issue emerges from the Supreme Court case Philotex (Pty) Ltd v Snyman. This article explores the fundamental disagreement between the auditor’s approach to the going concern problem and that adopted in terms of the wider South African legal framework.

Purpose – The purpose of this chapter is to relate to the reader how overlapping advancements in technology and the diffusion of popular music into the habitus of listeners have provided the framework for an instrumental rationalization of litigious approaches to copyright protection by their owners. Namely, the personalization of music, which has evolved with the aid of technological advancements, has privatized music consumption, thus establishing socio-legal parameters that limit consumption to an individual action.

Design/methodology/approach – We discuss the concepts of habitus and taste, communality in music ownership, communicative action, and technology-driven consumption as they relate to the instrumental rationalization of industry-led governance structures defining music ownership rights. These arguments are supported in part by a consideration of historic examples of tension and responding legal actions.

Findings – The primary outcome from this chapter is to illustrate the extent to which the recording industry has traditionally held a role in guiding copyright policy. The chapter concludes by illustrating the current legitimation crises encountered by the recording industry and policy makers as consumers abandon traditional ownership paradigms en masse.

Originality/value of chapter – The technologies associated with the Internet and music consumption continue to evolve. This chapter highlights the differing interests in controlling music interests, and casts light on how agency has influenced structural developments central to copyright.

Outlines the meaning of arbitration and the legal characteristics it possesses under Greek Law. Looks at the type of cases subject to arbitration, the arbitration agreement and the use of the civil court. Compares the situation to US Law, again outlining the legal stance and covering areas such as the methods employed with the courts, conduct of the hearing, limitations of the arbitrator’s power and the judicial review of awards made. Concludes that both systems rely on the courts to make vital decisions and advocates a secondary system without such reliance.

This paper aims to investigate by what means and to what ends waste, its materiality and its symbolic meanings are legally regulated in built environments.

The authors investigate the entanglement of law and the built environment through an analysis of waste-related legal case studies in the Canadian context. They investigate a notable Supreme Court case and three examples of Canadian cities’ by-laws and municipal regulations (particularly regarding informal recycling practices). They mobilize what Valverde calls the work of jurisdiction in their analysis.

The authors argue that the regulation of waste and wasting behaviours is meant to discipline relationships between citizens and governments in the built environment (e.g. mitigating nuisance, facilitating service provision and public health, making individuals more visible and legible in the eyes of the law and controlling and capturing material flows). They find that jurisdiction is used as a flexible and malleable legal medium in the interactions between law and the built environment. Thus, the material treatment of waste may invoke notions of constraint, freedom, citizenship, governance and cognate concepts and practices as they are performed in and through built environments. Waste storage containers appear to operate as black holes in that they evacuate property rights from the spaces that waste regularly occupies.

There is scant scholarly attention paid to legal orderings of waste in built environments. This analysis reveals the particular ways that legal interventions serve to construct notions of the public good and the public sphere through orderings of waste (an inherently indeterminate object).

This chapter investigates the central role that intention (cetanā) plays in Buddhist ethics, the unique perspective into the nature of the self and agency from a Theravāda Buddhist stance. Intention is paramount in determining every mental, verbal, and physical action as wholesome, unwholesome, or neutral in the Buddhist ethico-psychology. Buddhist ethics offer an inclusive, compassionate, and non-theistic perspective into the many moral dilemmas we face today as the mind and its processes, the underlying volition of a thought, context, and circumstances all determine the nature of an action. This is of relevance particularly in the digital age where agency is often imperceptible from societal, legal, and materialistic stances. The virtual world is perceived to be distinct from concrete reality and hence unethical actions considered to be less negative and destructive, and the perpetrators often difficult to trace or made to pay the consequences as societies and legal systems struggle to deal with this new reality. Buddhism has little to say about reforming society but on the other hand provides a refined investigative system of categorization of ethical and unethical actions through its theory of kamma (action) originating in a seed of positive or negative intention in the mind, and the consequences are said to be unavoidable although subject to manifold variations. Although the influence of Buddhism is still fragmented in the West with debates on its relevance, what to adopt, adapt, and discard, it can offer a fresh perspective on ethics, intention, agency, and the self.

The Bureau of Economics in the Federal Trade Commission has a three-part role in the Agency and the strength of its functions changed over time depending on the preferences and ideology of the FTC’s leaders, developments in the field of economics, and the tenor of the times. The over-riding current role is to provide well considered, unbiased economic advice regarding antitrust and consumer protection law enforcement cases to the legal staff and the Commission. The second role, which long ago was primary, is to provide reports on investigations of various industries to the public and public officials. This role was more recently called research or “policy R&D”. A third role is to advocate for competition and markets both domestically and internationally. As a practical matter, the provision of economic advice to the FTC and to the legal staff has required that the economists wear “two hats,” helping the legal staff investigate cases and provide evidence to support law enforcement cases while also providing advice to the legal bureaus and to the Commission on which cases to pursue (thus providing “a second set of eyes” to evaluate cases). There is sometimes a tension in those functions because building a case is not the same as evaluating a case. Economists and the Bureau of Economics have provided such services to the FTC for over 100 years proving that a sub-organization can survive while playing roles that sometimes conflict. Such a life is not, however, always easy or fun.

This chapter compares a ‘deific decree’ insanity case with constitutional originalism debates as a way to understand the boundaries of the legal person and the nature of law. The criminal defendant who claims innocence on the ground that ‘God told me to’ does not embody a conflict between law and religion, but a conflict between law’s demand for intersubjectivity and the subjectivity of a ‘higher truth known only to me’. In the same way, the originalist interpreter of the constitution rejects precedent in favour of a higher truth that need not be ‘like’ anything before. One approach to broaching this conflict between law and revelation is to understand law’s domain as temporal and incomplete – to imagine a humble rather than absolute law. On this view, the person is also not ‘absolute subjectivity’, but is compelled by legal fidelity to treat like alike and therefore under an obligation to imagine a ‘me’ as ‘we’. Or, to put it another way, to bring the person and the law into relationship is to reject a ‘revelatory’ interpretation of ‘original’ or ‘divine’ law in favour of an incompletely intersubjective common law that links me to we through customs and time. At the same time, by acknowledging law’s incompleteness, we can see unreasonable revelation sometimes as a possibility and not always as an insanity.

The study of international business has become increasingly important in recent years. So important that the American Assembly of the Collegiate Schools of Business (AACSB) has called for the internationalisation of business curricula. In 1992 and beyond, successful business people will treat the entire world as their domain. No one country can operate in an economic vacuum. Any economic measures taken by one country can affect the global economy. This book is designed to challenge the reader to develop a global perspective of international business. Globalisation is by no means a new concept, but there are many new factors that have contributed to its recently accelerated growth. Among them, the new technologies in communication and transport that have resulted in major expansions of international trade and investment. In the future, the world market will become predominant. There are bound to be big changes in the world economy. For instance the changes in Eastern Europe and the European Community during the 1990s. With a strong knowledge base in international business, future managers will be better prepared for the new world market. This book introduces its readers to the exciting and rewarding field of international management and international corporations. It is written in contemporary, easy‐to‐understand language, avoiding abstract terminology; and is organised into five sections, each of which includes a number of chapters that cover a subject involving activities that cross national boundaries.

With the conceptualization of the blockchain as a socio-technical assemblage, this study aims to critically examine the blockchain initiatives in Korea in terms of the opportunities, risks and challenges embedded in their development.

This paper analyzes blockchain design and development from socioecological views: social, technological and cultural phenomena that represent the strategic interaction among people, technology and society. The qualitative data were collected from a variety of sources and diverse means.

The results imply that blockchain needs a close socio-technical examination to avoid simplistic assumptions of its promises and pitfalls. The development of blockchains in Korea will need to consider a range of socio-technical issues to facilitate the best outcomes for blockchain in society.

Despite proactive drives, new risks, such as security, privacy and transparency, emerge as critical concerns of the social implications of the blockchain and their impact on the new digital environment. Questions are raised as to how to govern blockchains, and how to address the unexpected outcomes that such a policy choice may have on society and industry.

The sociopolitical implications of Korean blockchains are examined to identify key concerns and issues as the country progresses rapidly toward a blockchain-driven society.