The Hope and Limits of Legal Optimism: A Comment on the Theories of Orts and Nesteruk Regarding the Impact of Law on Corporate Ethics

1999 ◽  
Vol 9 (4) ◽  
pp. 677-688 ◽  
Author(s):  
David Hoch ◽  
J. Brooke Hamilton

Abstract:Joining the dialogue on the relationship between the law and business ethics, Jeffrey Nesteruk and Eric W. Orts have offered conceptions of the law as a positive influence rather than a negative curb on corporate behavior. While these “legal optimists” pursue a noble end in promoting higher ethical standards for corporations through the law, they may be overly optimistic in their suggestion that these more skillfully wielded legal models will influence corporate behavior for the better. Reviewing the basic tenets of their two approaches, this paper uses corporate responses to environmental statutes to suggest that while legal optimism may offer hope for promoting corporate ethics, it has definite limitations in its current stage of development.

2014 ◽  
Vol 11 (4) ◽  
pp. 399-411
Author(s):  
Qaiser Rafique Yasser ◽  
Abdullah Al-Mamun

We adopt a multi-theoretic approach to investigate a previously unexplored phenomenon in extant literature, namely the differential impact of ownership identity and director dominate shareholding on the performance of emerging market firms. The main research question addressed is, whether the impact of this relationship is conditional on the identity of the block investor. First, the relationship between overall block ownership and firm performance is tested by employing multiple regressions on 500 firm-year observations for the period from 2007 to 2011. Then, the block ownership is classified as the state, individuals, insiders, financial institutions, corporate and foreign investors and the influence of these identities on firm performance is examined. It was found that only the ownership categories such as the government, institutions and foreign ownership have positive influence on the firm performance. The results also indicate that high level of insider ownership also negatively associated with the firm performance. The main contribution of this paper is the examination of the relationship between block ownership and firm performance from the perspective of the identity of investors


2020 ◽  
Vol 20 (2) ◽  
pp. 138
Author(s):  
Fakhrurrazi M.Yunus ◽  
Zahratul Aini

Abstrak: Dalam Undang-Undang Nomor 23 Tahun 2006 tentang Administrasi Kependudukan adanya Pasal yang mengatur tentang perkawinan beda agama, dalam Pasal 35 huruf (a) yang menyatakan bahwa perkawinan yang ditetapkan oleh pengadilan. Namun dalam Undang-Undang tersebut tidak diatur secara jelas, sehingga memberi peluang timbulnya dampak negatif. Namun yang diakui di Indonesia jika pasangan suami istri yang berbeda agama harus memeluk agama yang sama di salah satu pasangan dengan maksud mereka harus pindah agama baik memeluk agama istri maupun suami. Dengan adanya berbagai kemudharatan yang timbul, maka hal itu tidak sesuai dengan hukum Islam. Oleh karena itu, penulis ingin mengetahui dampak perkawinan beda agama yang diatur dalam Undang-Undang Nomor 23 Tahun 2006 tentang administrasi  kependudukan dan tinjuan hukum Islam terhadap perkawinan beda agama dalam Undang-Undang Nomor 23 tahun 2006. Dalam penelitian ini, metode penelitian yang digunakan adalah Kualitatif. Berdasarkan dari hasil penelitian, dampak dari perkawinan beda agama yaitu dampak terhadap rumah tangga yang tidak harmonis menimbulkan kegelisahan, dan sulitnya berkomunikasi. Dampak terhadap anak yang membuat hubungan antara keluarga yaitu anak dan orang tua menjadi kacau dan tidak utuh karena mengetahui kedua orang tuanya berbeda keyakinan. Dampak terhadap harta warisan yang mengakibatkan anak yang lahir dari perkawinan beda agama tidak mempunyai hak untuk mendapatkan harta warisan apabila tidak seagama dengan pewaris yang dalam hal ini pewaris beragama Islam. Adapun tinjauan hukum Islam menyatakan bahwa perkawinan beda agama itu tidak sah, karena menurut fatwa MUI Nomor:4/MUNASVII/MUI/8/2005 menetapkan bahwa nikah beda agama hukumnya haram yang diperkuat dengan firmannya dalam surat al-mumtahanah ayat 10 dan al-baqarah ayat 221.Abstract: in Law No. 23 of 2006 on the administration of the population of the article governing the marriage of different religions, in article 35 letter (a) stating that the marriage is established by the court. But the law is not regulated, so it allows causing negative impacts. But it is recognized in Indonesia if different couples of religion must embrace the same religion in one partner with the intention they have to move religion both embrace the religion of the wife and husband. With the various blessings that arise, it is not under Islamic law. Therefore, the author wants to know the impact of the marriage of different religions organized in law Number 23 the year 2006 about the administration of population and the Islamic law to the marriage of different religions in the law Number 23 the year 2006. In this study, the research method used was qualitative. Based on the results of the study, the impact of the marriage of different religions is the impact on the unharmonious households raises anxiety, and difficulty communicating. The impact on the child who makes the relationship between the family is the child and the parent becomes chaotic and not intact because knowing both parents are different beliefs. The impact on the inheritance that resulted in children born from the marriage of different religions does not have the right to obtain inheritance if not as religious as the heir, in this case, Muslim heirs. The review of Islamic law states that the marriage of different religions is not valid, because according to fatwa MUI number: 4/MUNASVII/MUI/8/2005 stipulates that the marriage of different religious religion is haram strengthened by his word in Sura al-Mumtahanah verse 10 and al-Baqarah verses 221.


Author(s):  
Andrey Mikhailovich Dolgov

The paper deals with the implementation of such a principle of criminal procedure as the adversarial nature of the parties, in relation to the modern con-ditions of digitalization of legal proceedings. The relevance of this topic is explained by the fact that the current stage of development of public relations, characterized by the significant digitalization of communication links, in turn, is reflected in changes in legislation in General, and criminal proceedings in particular. At the same time, competition is one of the fundamental principles of this branch of law, the application of which should also be reflected in changes in legislation. In the course of the work, the criminal procedure norms regulating these issues, statistical data on the work of courts of General ju-risdiction, opinions and positions of leading proce-dural scientists in Russia and foreign countries (the Republic of Kazakhstan, Germany) were examined. As a result of the conducted research, the conclu-sion is made about the impact of the development of digitalization of criminal proceedings on the prac-tical application of the principle of adversarial par-ties.


2020 ◽  
Vol 41 (6) ◽  
pp. 81-84
Author(s):  
Peter Buell Hirsch

Purpose The purpose of this paper is to highlight the ways in which long running secular trends and the COVID-19 pandemic have combined to re-energize labor movements and pushed political thinking to the left. Design/methodology/approach A review of emerging trends in public opinion and labor action to identify some critical tipping points. Findings There is a critical shift unfolding in which government intervention to stem income inequality is becoming politically acceptable. Originality/value To the best of the author’s knowledge, there have been few, if any comparable discussions of the relationship between the impact of the COVID-19 pandemic and the political will to stem income inequality and the implications for corporate behavior.


2015 ◽  
Vol 21 (3) ◽  
pp. 336-349 ◽  
Author(s):  
Jing Qian ◽  
Xiaosong Lin ◽  
Zhuo R. Han ◽  
Bowen Tian ◽  
George Z. Chen ◽  
...  

AbstractFuture time orientation is essential if an employee is to be motivated to conduct activities that generate long-term rather than immediate gain, and which may involve risk. Given that feedback seeking requires the employee to slow down and seek input, it is surprising that little is known about the relationship between future time orientation and feedback seeking. Drawing upon psychological ownership theory and construal-level theory, we hypothesized a positive influence of future time orientation on feedback seeking from various sources (i.e., supervisors and co-workers). We also hypothesized job-based psychological ownership as a newly identified motive of feedback seeking and employed it to explain how future time orientation exerts influences. Tested with data from a sample of 228 subordinate–supervisor dyads from China, the results revealed that (1) future time orientation was positively related to feedback seeking from supervisors and co-workers and (2) job-based psychology ownership mediated the relationship between future time orientation and feedback seeking.


2014 ◽  
Vol 8 (2) ◽  
pp. 241-257 ◽  
Author(s):  
Aiqi Wu ◽  
Shengxiao Li ◽  
Huafeng Wang

Purpose – The purpose of this paper is to examine the impact of knowledge-intensive business services (KIBS) intermediary ties on new ventures’ product innovation. Product innovation is a critical strategy for new ventures’ survival and growth. However, as a result of smallness and newness, new ventures usually face considerable difficulties in product innovation and require support to help their innovation search and innovation activities. Design/methodology/approach – A questionnaire survey of 145 Chinese new ventures is used to test presented hypotheses empirically. Findings – This study finds that the intensity of KIBS intermediary ties has a positive influence on innovation, while the diversity of KIBS intermediary ties has no influence on new ventures’ product innovation. Moreover, the relationship between the intensity of KIBS intermediary ties and new ventures’ product innovation is moderated by the degree of their international venturing and ties with other firms. Originality/value – This study enriches understanding of the important roles of KIBS intermediary ties on new ventures’ product innovation.


Author(s):  
Vickram Thevar Vijayan ◽  
Mohamed Rashid Embi

Experiences are a part of our daily lives through our interactions with the environment around us. We live life through the realm of experiences, be it playing or working. As we encounter phenomena frequently, it is deduced that most of it comes from within the built environment, considering how most of our time is spent indoors. Hence, it is imperative that we understand the impact of the built environment on human physiology especially within the context of religious spaces which is largely attributed to phenomenological experiences. Despite the importance of understanding the impact of the built environment on human physiology, phenomenological studies that addresses this relationship are still lacking. This presents a gap which necessitates evidence to be provided in the form of phenomenological studies. Hence, this study attempts to address the gap by utilising evidential data with the utilisation of the portable electroencephalography (EEG) device. In doing so, the brainwave readings from four participants at the Tuanku Mizan Zainal Abidin Mosque were observed. Data from the EEG device in the form of brainwave signals was analysed through the performance metrics detection suite which focused on the possibility of analysing brainwave data through three phases of habitation. The findings detected relaxation performance metrics from the participants whilst being within the mosque prayer area, whereas the phases prior to entering and after leaving the mosque appears to have detected higher excitement and engagement levels. Thus, it could be deduced that the interior prayer area of the mosque appears to have had a positive influence on the participant's physiology. This study could contribute to the novel field of neuroarchitecture in Malaysia, an area of study at the threshold of neuroscience and architecture that could be significant in understanding the relationship between the built environment and human physiology.


2021 ◽  
Vol 59 (1) ◽  
pp. 1-11
Author(s):  
Seonghui Son ◽  
Deuksung Kim ◽  
Yoona Kwon

This study investigated the impact of solution-focused thinking on marital satisfaction via mediating roles of father involvement in childcare and marital conflict. A questionnaire survey was conducted among mothers with infants, living in Busan, Daegu and Yangsan, South Korea. Data from 264 mothers were analyzed using several multiple regression analyses and bootstrapping method with SPSS 25.0 and PROCESS macro (model 6) to test the serial double mediation model. The results of this study are as follows. First, mothers’ solution-focused thinking had a significant direct and indirect positive influence on marital satisfaction through both father involvement in childcare and marital conflict. Second, the sequential mediating effects of father involvement in childcare and marital conflict were statistically significant in the relationship between solution-focused thinking and marital satisfaction. The model accounted for 60% of the variance in mothers’ marital satisfaction. The results highlight the importance of solution-focused thinking that can enhance the marital satisfaction of mothers with infants and act as a resource for increasing father involvement in childcare and decreasing marital conflict. Based on the results, it is necessary to include solution-focused thinking, father involvement in childcare, and marital conflict as key elements in the intervention to improve marital satisfaction of mothers with infants.


2018 ◽  
Vol 10 (9) ◽  
pp. 3041 ◽  
Author(s):  
Xiaojun Wu ◽  
Jiabin Shen

A sharing economy is developing rapidly worldwide, especially in China. Trust has been considered as a crucial factor in facilitating the practice of the short-term rental business, where hosts and renters are strangers. However, not only has the inherent trust-building mechanism of this newly emerged business model not been fully explored, but how cultural values affect the trust-building path also remains unknown. This study proposes a model of the trust-building mechanism in the sharing economy platforms, with three central modes—institutional trust, product trust, and interpersonal trust—and introduces national cultural values dimensions at the individual level as moderators to explore the impact on the inherent mechanism of trust-building on Airbnb. The data collected from 210 Chinese Airbnb consumers by survey provides support for the proposed structural equation model. The results show that institutional trust has a positive influence on product trust and interpersonal trust, and that product trust has a positive influence on interpersonal trust as well. For the moderating effect of cultural values, the relationship between the institutional trust and product trust is regulated by power distance (PDI), individualism (IDV), uncertainty avoidance (UAI), and long-term orientation (LTO), while the relationship between product trust and interpersonal trust is regulated by PDI, IDV, and UAI. This paper indicates that in order to foster trust in the sharing economy, practitioners should enhance institutional trust, product trust, and interpersonal trust synchronously, as these three modes of trust are positively inter-related; they must also be sensitive to local cultural value dispositions when conduct sharing business internationally.


Author(s):  
Siqing Chen ◽  
He Xu

Abstract Compared with rigid robots, flexible robots have soft and extensible bodies enforcing their abilities to absorb shock and vibration, hence reducing the impact of probable collisions. Due to their high adaptability and minimally invasive features, soft robots are used in various fields. The McKibben hydraulic artificial muscles are the most popular soft actuator because of the controllability of hydraulic actuator and high force to weight ratio. When its deformation reaches a certain level, the actuators can be stopped automatically without any other braking mechanism. The research of McKibben hydraulic artificial muscles is beneficial to the theoretical analysis of soft actuators in the mechanical system. The design of soft actuators with different deformations promotes the development of soft robots. In this paper, a static modeling of the McKibben hydraulic artificial muscles is established, and its correctness is verified by theoretical analysis and experiment. In this model, the deformation mechanism of the artificial muscle and the law of output force is put forward. The relationship between muscle pressure, load, deformation, and muscle design parameters is presented through the mechanical analysis of the braid, elastic tube, and sealed-end. The law of the muscle deformation with high pressure is predicted. The reason for the muscle’s tiny elongation with extremely high pressure is found through the analysis of the relationship between the angle of the braid, the length of single braided thread, and the pressure. With the increase of pressure, the angle of the braid tends to a fixed value. As the stress of braided thread increases, so does its length. The length changes obviously when the stress is extremely enormous. The angle of the braid and the length of the braided thread control the deformation of artificial muscles, resulting in a slight lengthening with extreme high pressure. Under normal pressure, the length of the braided wire is negligible, so that the entire muscle becomes shorter. According to the modeling and theoretical analysis, a new McKibben hydraulic artificial muscle that can elongate under normal rising pressure is designed. This artificial muscle can grow longer with pressure increases, eventually reaching its maximum length. During this time, its diameter barely changes. Its access pressure is higher than that of conventional elongated artificial muscles. Through experiments, the relationship between the muscle deformation, pressure, and load still conform to this theoretical model. This model can be used for the control of soft actuators and the design of new soft robots. This extensional McKibben hydraulic artificial muscles and the conventional McKibben hydraulic artificial muscles can be used in the bilateral control of soft robots.


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