In lieu of an abstract, here is a brief excerpt of the content:Haiti Can't BreatheNéhémy Pierre-Dahomey (bio)Translated by David F. BellI'm not particularly familiar with recent politics in Haiti. Nor, as it were, with the contemporary history of the country. In some sense, the difference between recent politics and contemporary history is rather delicate. History would be the most profound social, political, and economic points of contention behind the daily lives of a population under siege. Not simply those (...) talked about while people travel in public transportation (Haitians talk a lot while in public transportation), but also the interpretive matrices mobilized to speak about these problems. As for current events, they are the province of newspaper headlines, those front pages and editorial pages most often read and shared, the public opinion machine.Of course, a few snippets of news come to me: the rise of kidnapping, political instability, the opposition declaring that the presidential mandate has ended, a government sponsored referendum to change the constitution, upcoming elections. As I write this piece (summer 2021), armed banditry is rife in many working-class neighborhoods. There are victims by the dozens nearly every day.As I was asking myself how best to express the bicentennial dyspnea of the Haitian people, I learned about the assassination of the president of the Republic in his private residence.Haiti could not breathe. Now it is suffocating.I recently published a novel entitled Combats (March 2021) in which the characters live in a nineteenth-century rural setting. They experience the full force of the first consequences provoked by the infamous independence debt, well understood by Haitians and analyzed by international specialists such as David Graeber and Thomas Piketty.After its independence in 1804, Haiti was not accepted into the concert of nations. The country, founded by hordes of previously enslaved Blacks and by freed Mulattos, was a bad example, a model not to be emulated so geographically near a slave society, the United States, and the Antilles belonging to France. No economic power, that is, no white country defining itself as such, recognized the independence of the new Black, abolitionist, and egalitarian population. The isolation of Haiti thus began at the very moment of its foundation. [End Page 165]In a vain attempt to escape the embargo and to construct a collective destiny at the international level, Haiti accepted a colossal debt imposed on it by France. Charles X, king of France and Navarre, forced Jean-Pierre Boyer, supreme leader of the Haitian nation, to assume the responsibility for a ransom of 120 million francs. The economist Thomas Piketty calculates that this was equivalent to 28 billion euros in today's currency. David Graeber, in his Debt: The First 500 Years, considers it to be the most egregious debt in history. In truth, for Haitians, this strange transaction consisted in buying lands they had already conquered in their independence struggle, having taken them from the previous colonial settlers representing the French state.Since the previously emancipated ancestors were considered the colonial settlers' property, Haitians, under threat from the French army, assumed the weight of this debt, which really consisted in purchasing—from their previous torturers—their very persons and those of their grandparents. In other words, after the war of independence, begun by Black Maroons as soon as they arrived on the island of Haiti, pursued by Toussaint Louverture against slavery, brought successfully to a conclusion by Jean Jacques Dessalines through victorious military battles (November 1803 at Vertières, for example), after this long road toward emancipation, France, supported by all the foreign powers of the period, extracted from Haiti recognition of the debt in 1826, that is, during the first half of the nineteenth century, at the very moment when the independent countries of the world were beginning to undergo a massive industrialization.Haiti clearly missed out on this entrance into the industrial age of the steam engine. It remained an "essentially agricultural" country because every year it had to pay debt service—including interest—every year until the second half of the 20th century!Like many others I saw the images of the white man, Derek Chauvin, resting his knee on George Floyd's neck for eight... (shrink)

This article discusses the manipulation and measurement of levels of situational self-focus, which is generally labeled ''self-awareness.'' A new scale was developed to quantify levels of public and private self-awareness. Five studies were conducted to assess the psychometric properties, reliability, and validity of the Situational Self-Awareness Scale (SSAS). The SSAS was found to have a reliable factor structure, to detect differences in public and private self-awareness produced by laboratory manipulations, and to be sensitive to changes in self-awareness within (...) individuals over time and across situations. The SSAS can be used as a manipulation check of laboratory self-awareness manipulations and as a means of assessing naturally occurring fluctuations in public and private self-awareness in order to clarify the relation between self-awareness and other variables (e.g., mood and memory). (shrink)

In an increasingly interconnected global community, severe disasters or disease outbreaks in one country or region may rapidly impact global health security. As seen during the responses to the earthquakes in Haiti and Japan, Typhoon Haiyan in the Philippines, and the current Ebola outbreak in West Africa, local response capacities can be rapidly overwhelmed and international assistance may be necessary to support the affected region to respond and recover and to protect other countries from the spread of disease. For (...) example, President Obama stated on September 16, 2014, that “if the [Ebola] outbreak is not stopped now, we could be looking at hundreds of thousands of people infected, with profound political and economic and security implications for all of us…. [T]his…is not just a threat to regional security — it’s a potential threat to global security if these countries break down…. And that’s why…I directed my team to make this a national security priority.”. (shrink)

Suppose a person lives in a sub-Saharan country that has won its independence from colonial powers in the last 50 years or so. Suppose also that that person has become a high-ranking government official who makes decisions on how to allocate goods, such as civil service jobs and contracts with private firms. Should such a person refrain from considering any particulars about potential recipients or might it be appropriate to consider, for example, family membership, party affiliation, race or revolutionary stature (...) as reasons to benefit certain individuals at some cost to the general public? Which of these factors should be considered unjust, or even corrupt, as a basis on which to allocate state goods and which should not? This chapter outlines an attractive moral theory with African content that forbids both impartialism and a strong form of partialism that would permit government officials to favour members of their families or political parties. Between these two extremes, a moderate partialism is prescribed. This permits government agents to occasionally favour veterans and victims of state injustices at some cost to the general public. This chapter seeks to provide a new, unified explanation of why sub-Saharan values permit some forms of partiality, such as the preferential hiring of those who struggled against colonialism, but prohibit other nepotistic forms of partiality. (shrink)

Shortened and moderately revised version of an essay that initially appeared in Murove (ed.) African Ethics (2009). This chapter is a work of applied ethics that aims to provide a convincing comprehensive account of how a government official in a post-independence sub-Saharan country should make decisions about how to allocate goods such as civil service jobs and contracts with private firms. Should such a person refrain from considering any particulars about potential recipients, or might it be appropriate to consider, for (...) example, family membership, party affiliation, race, or revolutionary stature as reasons to benefit certain individuals at some cost to the public? Which of these factors should be considered an unjust or corrupt basis on which to allocate state goods and which should not? Drawing on an African ethic, this chapter answers these questions with what it calls a “moderate partialism,” according to which a government agent may rightly favor at some cost to the public veterans and victims of state injustices, but not those in her family or party. This chapter seeks to provide a new, unified explanation of why characteristically sub-Saharan values permit some forms of partiality, such as the preferential hiring of those who suffered from or struggled against colonialism, but forbid other, nepotist or prebendalist forms of partiality. (shrink)

Considering public moral attitudes is a hallmark of the anticipatory governance of emerging biotechnologies, such as heritable human genome editing. However, such anticipatory governance often overlooks that future morality is open to change and that future generations may perform different moral assessments on the very biotechnologies we are trying to govern in the present. In this article, we identify an ’anticipatory gap’ that has not been sufficiently addressed in the discussion on the public governance of (...) heritable genome editing, namely, uncertainty about the moral visions of future generations about the emerging applications that we are currently attempting to govern now. This paper motivates the relevance of this anticipatory gap, identifying the challenges it generates and offering various recommendations so that moral uncertainty does not lead to governance paralysis with regard to human germline genome editing. (shrink)

Reprint of a chapter that initially appeared in the anthology African Ethics (2009).

This paper is about the effects of the absence and the possibility of the emergence of a normatively meaningful political public sphere. The effects of the lack of a global public sphere are far-reaching. Namely, the current crisis of global governance and the global political system can be traced back to the absence of a normatively meaningful public sphere that can mediate between global society and the authoritative institutions of global governance. At the same time, (...) I argue that the absence of the public sphere is not primarily due to the population’s attitudes trapped in national horizons but must be primarily attributed to the deficient institutional structure of the global political system. (shrink)

The involvement of governments and public institutions in entrepreneurial activity has grown considerably in the last years. Public governance has begun to pay more attention to the fact that, in order to achieve the goal of economic development in a country, it is necessary to increase entrepreneurship both qualitatively and quantitatively. Most governments have created significant actions that encouraged and supported the entrepreneurial activity and also they have contributed to supporting the private sector in the economy. The (...) present paper analyses the scientific works related to entrepreneurship and public governance, as well as to investigate the connection between these topics. The study presents a bibliometric analysis of the importance of the nexus public governance and entrepreneurship. The proposed research studies 201 references collected from the Clarivate Analytics, Web of Science Core Collection database. The research methodology performed to graphically map the literature is bibliometric analysis. The analysis is carried out on three distinct levels, namely the analysis of the co-occurrence of keywords, co-citation and co-author by means of viewer program. This approach allows us to highlight the main results presented in journals, magazines, documents, subjects, authors, institutions but also results recorded at the country level. The study also evidence the main trends and impact of research in the form of a visual and schematic research framework on the relationship between public governance and entrepreneurship and its related elements, namely innovation and development. (shrink)

This paper focuses on flows to emerging capital markets (ECMs) and examines the importance of corporate transparency and public governance in attracting portfolio flows to ECMs. This paper's empirical investigation centers on the hypothesis that ceteris paribus, ECMs with better quality accounting standards and good governance attract higher levels of portfolio equity and bond flows. To assess the incremental impact of each of these factors, a pooled time series, cross‐sectional model was econometrically tested for 17 ECMS over (...) the 1998–2002 time period. Our empirical analysis demonstrates a positive association between public governance, corporate transparency, and portfolio flows after controlling for other macroeconomic factors. The results suggest that good public governance and high accounting quality are important determinants of portfolio flows to ECMs. Finally, the paper establishes that while portfolio equity flows are significantly attracted to ECMs with strong democratic institutions, there is no significant association between portfolio bond flows and the presence of democratic institutions. (shrink)

It is widely agreed that one of the core functions of government is to supply public goods that markets either fail to provide or cannot provide efficiently. I will suggest that arguments for government provision of public goods require fundamental moral judgments in addition to the usual economic considerations about the relative efficacy of markets and governments in supplying them. While philosophers and policymakers owe a debt of gratitude to economists for developing the theory of public goods, (...) the link between public goods and public policy cannot be forged without moral reflection on the proper function and scope of government power. (shrink)

The COVID-19 pandemic brought about at least two normative challenges on unprecedented scale for liberal democracies. One concerned prioritization decisions when health care resources were constrained. The other, which arguably led to lasting damage to social cohesion and citizens’ trust in government and government public health institutions, concerned policies introduced with the aim of reducing the spread of SARS-CoV2, some of which turned out to be mistaken. I discuss in this essay a few examples of misguided, liberty-limiting public (...) health policies and describe how public health and public health ethics principlism provided cover for such policies. Citizens had reasons to be concerned about the duration of such liberty-infringing policies, the absence of predictable government policies, and the absence of transparent justifications for the policies that were implemented. (shrink)

The fields of Responsible Research and Innovation (RRI) and participatory foresight seek to establish, and to include publics within, anticipatory governance mechanisms. While scenario-based methods can bring to the publics’ attention the ethical challenges associated to existing technologies, there has been little empirical research examining how, in practice, prospective public deliberative processes should be organized to inform anticipatory governance. The goal of this article is to generate methodological insights into the way such methods can stimulate the (...) class='Hi'>public's moral imagination regarding what may (or may not) happen in the future and what should (or should not) happen in the future. Our qualitative analyses draw on a public deliberation study that included videos and online scenarios to support participants’ (n = 57) deliberations about fictional interventions for genetically at-risk individuals. Our findings clarify how participants: (1) challenged key elements of our scenarios; (2) extended several of their technical and moral prospects; (3) engaged personally with others, including our scenarios’ characters; and (4) mobilized the past creatively to reason about the future. Our methodology enabled participants to creatively and empathetically envision complex sociotechnical futures. Yet, important methodological limits should be acknowledged by those who design, implement and use public engagement methods to inform anticipatory governance. (shrink)

This paper explores the conduct of performance appraisals of nurses in a New Zealand hospital, and how fairness is perceived in such appraisals. In the health sector, performance appraisals of medical staff play a key role in implementing clinical governance, which, in turn, is critical to containing health care costs and ensuring quality patient care. Effective appraisals depend on employees perceiving their own appraisals to be fair both in terms of procedure and interaction with their respective appraiser. We examine (...) qualitative data from interviews and focus groups, involving 22 nurses in a single department, to determine whether perceived injustices impact on the effective implementation of the appraisal system. Our results suggest that particular issues had been causing some sense of injustice, and most of these were procedural. Potential solutions focus on greater formalisation of the performance appraisal process, and more training for appraisers and appraisees. (shrink)

External regulatory and normative pressures from both the Chinese central environmental protection inspection (CEPI) program and public participation can act together to influence corporate environmental governance behavior. This research uses the multiperiod Difference-In-Differences method to test the compound impact of CEPI and public participation on corporate environmental governance strategies and investigate the underlying influence mechanisms. The results show that CEPI and public participation have a positive compound effect on the corporate “source-control” strategy. A reasonable reduction (...) in pollution charges and increased environmental subsidies are essential to stimulate the green innovation potential of heavily polluting firms. Our research helps clarify the game relationship between the central and the local governments and analyzes how the relationship between the government, the public, and corporates affects environmental governance, thereby advancing principal-agent theory and expanding the current research on institutional pressures and corporate environmental governance. (shrink)

Among politicians and policy-makers it is almost universally assumed that more transparency in government is better. Until now, philosophers have almost completely ignored the topic of transparency, and when it is discussed there seems to be an assumption that increased transparency is a good thing, which results in no serious attempt to justify it. In this book Brian Kogelmann shows that the standard narrative is false and that many arguments in defence of transparency are weak. He offers a comprehensive philosophical (...) analysis of transparency in government, examining both abstract normative defences of transparency, and transparency's role in the theory of institutional design. His book shows that even when the arguments in favour of transparency are compelling, the costs associated with it are just as forceful as the original arguments themselves, and that strong arguments can be made in defence of more opaque institutions. (shrink)

"[T]his is much more than a conventional reference guide. . . . An essential item in any collection that deals with the subject of ethics and public policy." Choice.

The concept of apublic energy fieldis central to public administration discourse theory. Its main idea is the facilitation of dialog between government and the public, on the basis of equality, to construct a public policy consensus. In contemporary society, social media provides new and distinctive channels for such interactions. Social media can, therefore, be conceived as a novel type ofpublic energy field. Since the outbreak of the COVID-19 pandemic, interactions between the Chinese government and the Chinese (...) class='Hi'>public (whether located in China or abroad) have been acutely reflected through WeChat official accounts. This article focuses on the COVID-19 pandemic and, through social media text mining and processing, analyzes the text topics and emotions covered. Basic principles of discourse validity, regarding this public energy field and two guarantee conditions, are applied to analyze the information exchange and dialog between the government and the public on COVID-19 through WeChat official accounts. It was found that the government’s WeChat official accounts have not yet formed a harmonious dialog space to balance the public energy field, and that the interaction between the government and the public has to be improved. The government’s social discourse had a significant influence on the public’s social discourse. Using text analysis, the study found that the government has published information on 11 topics related to the prevention and control of the pandemic. It can be argued that the public energyfieldpresented by both the government and the public effectively portrayed and reflected the actual situation of the pandemic in China. (shrink)

This essay explains how to use the calculus of consent framework to think more rigorously about self-governance, and applies this framework to the issue of evaluating federal regulatory agencies. Robust political economy is the idea that institutions should be designed to work well even under weak assumptions about decision-makers’ knowledge and benevolence. I show how the calculus of consent can be used to analyze both incentives and knowledge problems. The calculus is simultaneously a theory of self-governance and a (...) tool for robust political economy analysis. Applying this framework to the case of public administration leads to the conclusion that private goods (such as medicine) tend to be over-regulated, public goods tend to be under-regulated (such as enabling too much pollution), and regulatory agencies tend to be over-centralized (and should in most cases either be replaced with certification markets or moved to state level). (shrink)

Media technologies are an integral and vital element of democratic governance. The political public of representative democratic régimes are mediated publics, in that they exist and are constituted as publics through the mediation of technologies of mass media. The public sphere of democratic politics is part of, and central to, the mediated sphere of popular culture. There is a structural and necessary relation between the popularization of culture and the democratization of politics. A governmentalist approach understands political (...) media technologies not as aberrations in the light of democratic theory but as the practices of “actually existing” representative democracy. Genuine popular democracy does not exist, fully formed, in the publics constituted by the media technologies but is most likely to flourish in popular culture and through media technologies. (shrink)

Book reviewed in this article: Public Duties: The Moral Obligations of Government Officials. Edited by Joel L. Fleishman, Lance Liebman, and Mark H. Moore.

Nonprofits are a major part of the U.S. economy and they are not immune from corporate malfeasance controversies. Even Congress has expressed concern about the crisis in nonprofit governance. The nonprofit response to Congress has been a historic initiative recognizing critical challenges to nonprofit governance. In contrast to their for‐profit counterparts, nonprofits are committed to missions serving the public benefit and not to shareholder profits. Accordingly, their missions and financial resources are intrinsic to their very existence, which (...) is built upon the public trust. That trust is rooted in fiduciary responsibility and reflected in best practices. This article traces the history of the nonprofit public trust and fiduciary standards and examines principles of Sarbanes–Oxley and other best practices as they apply to nonprofits. The authors sampled 80 health‐care nonprofit corporation web sites from eight asset classes to determine compliance with Sarbanes–Oxley and identification of fiduciary duty, ethical values, and other best practices. Among the very largest health‐care nonprofits, many comply with Sarbanes–Oxley and identify fiduciary duty, ethical values, and other best practices. However, there are substantial deficiencies in such compliance and identification among all remaining seven asset classes ranging from 99.9 million to less than 100,000. The results appear to corroborate the urgent necessity for reform articulated by the Congress and the nonprofit sector. Nonprofit governance has entered a new era where best practices must be implemented to sustain the public trust. (shrink)

The Argumentwhile reconizing that public sector research has long been managed by a wide variety of practices and techniques, this paper concentrates on the increasingly important role that patents are playing in the management and regulation of public sector research. It argues that as a specific form of technology, patents play a significant and growing role in facilitating the management of the scientific object and can also be seen as a particular instance of governmentality. More specifically, it argues (...) that patents have had an important impact on the culture and political ecomomy of science. In this sence patents can be seen not only as a legal regime that provides limited property rights over technical information but also as a sophisticated tool of discipline and control that is used to regulate and manage public sector research. The paper suggests that with the increasing use of patents as a means of governing science, we are witnessing the growing juridification of science, the intervention of the law into an arena it hitherto largely ignored. (shrink)

Competitive Governments, explores in a systematic way the hypothesis that governments are internally competitive, that they are competitive in their relations with each other and in their relations with other institutions in society which, like them, supply consuming households with goods and services. Breton contends that competition not only serves to bring the political system to an equilibrium, but it also leads to a revelation of the households' true demand functions for publicly provided goods and services and to the molding (...) of a link between the quantities and the qualities demanded and supplied and the tax prices paid for these goods and services. In the real world where information is costly, the links may not be first-best, but they will be efficient if competition is vigorous. (shrink)

Many medical services lack robust evidence of effectiveness and may therefore be considered “unnecessary” care. Proactively withdrawing resources from, or de-funding, such services and redirecting the savings to services that have proven effectiveness would enhance overall health system performance. Despite this, governments have been reluctant to discontinue funding of services once funding is in place. The focus of this study is to understand how the framing of an issue or problem influences government decision-making related to de-funding of medical services. To (...) achieve this, a framework describing how problem frames, or explanatory naratives, influence government policy decisions was developed and applied to actual cases. The two cases selected were the Ontario government’s decisions to de-fund the drug Oxycontin and blood glucose test strips used by patients with diabetes. A qualitative content analysis of public discourse surrounding these two resource withdrawal examples was conducted and described using the framework. In the framework, government decision-making is a partial reflection of the visibility of the policy issue and complexity of the causal story told within a problem frame. By applying this framework and considering these two key characteristics of problem frames, we can better understand, and possibly predict, the shape and timing of government policy decisions to withdraw resources from medical services. (shrink)

This contribution discusses the United Kingdom (UK) government’s regulatory activities related to nanotechnological development. The central question is what other prudent public regulation can learn from the UK government’s regulatory strategy, its regulatory attitude and its large variety of regulatory measures. Other public regulators can learn from the interactive and integrative UK regulatory approach. They can also draw lessons from the critique on the UK government’s regulatory attitude and its problems to cope with specific nanotechnological challenges. These lessons (...) are based on an evaluation of the UK government’s regulatory activities from the viewpoint of prudent regulation. The notion of responsive regulation, which provides basic ideas for the evaluation methodology, refers to a view on prudence that focuses on moral constitutional values. Interestingly, a similar view on prudence has been discussed in nanoethics. (shrink)

The number and the scale of transboundary public health concerns are increasing. Infectious and non-communicable diseases, international trade in tobacco, alcohol, and other dangerous products as well as the control of the safety of health services, pharmaceuticals, and food are merely a few examples of contemporary transnationalization of health concerns. The rapid development and diffusion of scientific and technological developments across national borders are creating new realms of international health concern, such as aspects of biomedical science, including human reproductive (...) cloning, germ-line therapy, and xenotransplantation, as well as environmental health problems, including climate change, biodiversity loss, and depletion of the ozone layer. Growth in international trade and travel, in combination with population growth, has served to increase the frequency and intensity of health concerns bypassing or spilling over sovereign boundaries.Although health has traditionally been seen an area of limited multilateral cooperation, there is growing awareness that contemporary globalization has led to the proliferation of cross border determinants of health status and is undermining the capacity of nation states to protect health through domestic action alone. (shrink)

In this Article we examine Israel’s ongoing process of bank privatization to explore the link between privatization programs and the ownership structure of public companies. Our thesis is that concentrated ownership provides regulators with a platform for exerting informal influence over corporate decision-making. This platform serves regulators as a safety valve when all else fails, especially when they would like firms to terminate senior executives or board members. Communicating with controlling shareholders increases the likelihood that both the regulatory intervention (...) and the reasons underlying it will remain confidential. Moreover, controlling shareholders can make swift decisions and implement them quickly, with no need for formal group deliberation. When informal influence is important — as in the case of banks — the government may prefer firms with controlling shareholders to widely held firms. It may therefore prefer to sell a control block in the firm undergoing privatization rather than distribute its shares through the stock market. (shrink)

This article begins by explaining the concepts of proprietary and open source software technology, which are now competing in the marketplace. A review of recent individual and cooperative technology development and public policy advocacy efforts, by both proponents of open source software and advocates of proprietary software, subsequently follows, with supporting positions articulated. This is followed by an analysis of the results of a recent draft of a Center for Strategic & International Studies global study of government initiatives to (...) incorporate open source software as an option in their institutional operations. The article concludes with analysis and recommendations on public policies for appropriate software technology assessment policy. For governments, the encouragement of neutral standards (i.e., not favoring one software business model), open competition for research funding of software development, and nondiscrimination in computer software procurement policies will result in the most effective and efficient procurement decisions. (shrink)

In this discussion piece we address how the UK government has attempted to manage public expectations of a proposed biometric identity scheme by focussing attention on the handheld, i.e., the ID card. We suggest that this strategy of expectations management seeks to downplay the complexity and uncertainty surrounding this high-technological initiative, necessitating the selective use of expertise for the purpose of furthering government objectives. In this process, government often relegates counterexpertise, if not dismissing it outright, thereby greatly politicizing the (...) policy deliberation process. We argue that this manoeuvring by government spells trouble for both democratic deliberation on the issue of biometric identification in the UK and, more generally, expertise-based policy making in related technological ventures. (shrink)

More recent advancements in digital technologies have significantly alleviated the dissemination of new scientific ideas as well as the storing, searching and retrieval of large amounts of published research findings. While not denying the benefits of this novel ‘economy of memory,’ this paper endeavors to shed light on the ways in which the use of digital technologies may be linked to a distortion of the system of formal publications that facilitates the effective dissemination and collaborative building of scientific knowledge. Through (...) combining three different strands of discussion that are often left separate – those pertaining to the cognitive effects of new technological memory systems, those pertaining to citation and publishing practices, and those regarding the effects of formalizing modes of research governance – it is also shown that this distortion is not merely a consequence of technological developments alone. Rather, such a distortion is inseparable from and potentially aggravated by the spreading of increasingly dysfunctional, formalizing research governance mechanisms. It is argued that these mechanisms run the risk of fostering the proliferation of knowledge practices that are characterized by an increasing degree of superficiality as well as the strategic publication of research that is of a decreasing degree of originality. If left unaddressed, this may pose a serious threat to the efficiency and effectiveness of the formal record of scientific knowledge as a tool for the dissemination of original research. By extension, this may in the long run seriously undermine the capacity of the publicly funded research system more generally. (shrink)

Since 1993, coalition governments have replaced the 38-year-long, one-party dominance of the Liberal Democratic Party (the LDP) in Japan. Except for one year, from 1993 to 1994, the LDP has remained a key party in successive governing coalitions, but the dynamics of party competition has been completely transformed since the period of the LDP's dominance. Although the LDP has survived to form a variety of coalitions ranging from a minority to an over-sized majority, since 1998 the Democratic Party of Japan (...) (DPJ) has continued to counter the LDP governments. The transformation of party systems in Japan accompanies the party switching of legislators and the mergers, breakups, extinctions, and formations of parties. In this regard, the Japanese case provides an interesting example to show how parties attempt to change the dynamics of policy competition by switching and reorganizing. Parties also attempt to shift their policy positions to attract public support and to gain a competitive edge in government formation. Using expert survey data about the policy positions of parties, this study explicates the dynamics involved in the reorganization of parties and the formation of governments. (shrink)

One of the fundamental principles of good corporate governance is transparency, i.e., the disclosure of private information to external stakeholders, so that they may make judgments and decisions relating to the corporation. Equally important, but less discussed, is the competing value that corporations need to protect legitimate secrets. Corporations thus need a communication strategy for dealing with external stakeholders which addresses the conflict between disclosure and secrecy. This article focuses on an important element of that communication strategy in the (...) context of financial reporting: the possibility that corporate insiders may consider it in their interest, or in the interest of specific stakeholders, to alter or manipulate the financial information that it discloses publicly. Using concepts from the corporate governance and financial reporting literatures, it addresses the ethical question of who (management or the board of directors) should be responsible for making the fundamental strategic choices whether and (if so) how the corporation alters or manipulates the financial information. This article argues that the board of directors is responsible for formulating (and monitoring) the corporation's communication strategy, and that management is responsible for carrying it out. (shrink)

In this book Paul Dragos Aligica revisits the theory of political self-governance in the context of recent developments in behavioral economics and political philosophy that have challenged the foundations of this theory. Building on the work of the 'Bloomington School' created by Nobel Laureate Elinor Ostrom and Public Choice political economy co-founder Vincent Ostrom, Aligica presents a fresh conceptualization of the key processes at the core of democratic-liberal governance systems involving civic competence and public entrepreneurship. The (...) result is not only a re-assessment and re-articulation of the theories constructed by the Bloomington School of Public Choice, but also a new approach to several cutting-edge discussions relevant to governance studies and applied institutional theory, such as the debates generated by the recent waves of populism, paternalism and authoritarianism. (shrink)

The implementation of transnational standards — in codes of conduct, certification, and monitoring initiatives — necessarily intertwines with domestic law and other types of rules. Yet much of the existing literature overlooks or obscures this fundamental point. Indeed, scholars often err either by treating private regulatory standards as transcendent or by viewing implementation as fundamentally a technical problem. This Article argues that understanding the operation of transnational private regulation requires attention to the layering of multiple rules in a given location. (...) It develops a framework for examining this layering and illustrates it by briefly looking at two major issues—community rights in sustainable forestry standards and freedom of association in fair labor standards — and their implementation in Indonesia. In various ways, these domains illustrate how conflict and complementarity between public and private standards structure the practice of private regulation. (shrink)

The theme of this book is benchmarking in the public sector and part of the interest to analyze the importance that benchmarking has gained in the sector -as a tool for improvement and innovation of public management- where States commit efforts to achieve quality, efficiency and effectiveness in the services it provides. The study is exploratory and descriptive, employing a qualitative methodology that combines a bibliographic analysis for the elaboration of the theoretical framework and the definition of the (...) types and dimensions of benchmarking, with the identification and description of experiences from the empirical evidence surveyed. In a special chapter, the importance, scope and dimensions of benchmarking of product design (comparative evaluation of product design or industrial design) is discussed for the state assessment in design and development of new products for micro, small and medium producers. Our approach includes the different policies and actions to support Micro, Small and Medium Industries (MiPyMIs), which are undertaken from subnational states. RESUMEN. El tema de este libro es el benchmarking en el sector público y parte del interés por analizar la importancia que ha cobrado el benchmarking en el sector –como una herramienta de mejora e innovación de la gestión pública– donde los Estados comprometen esfuerzos para conseguir calidad, eficiencia y eficacia en los servicios que presta. El estudio es exploratorio y descriptivo, emplea una metodología cualitativa que combina un análisis bibliográfico para la elaboración del marco teórico y la definición de los tipos y dimensiones del benchmarking, con la identificación y descripción de experiencias a partir de la evidencia empírica relevada. En un capítulo especial se trata la importancia, alcances y dimensiones del benchmarking of product design (evaluación comparada de diseño de producto o diseño industrial) para el asesoramiento estatal en diseño y desarrollo de nuevos productos a micro, pequeños y medianos productores. Nuestro enfoque comprende a las distintas políticas y acciones de apoyo a las Micro, Pequeñas y Medianas Industrias (MiPyMIs), que se emprenden desde los Estados subnacionales. (shrink)

Globalization arguably generated a governance gap that is being filled by transnational rule-making involving private actors among others. The democratic legitimacy of such new forms of governance beyond nation states is sometimes questioned. Apart from nation-centered democracies, such governance cannot build, for example, on representation and voting procedures to convey legitimacy to the generated rules. Instead, alternative elements of democracy such as deliberation and inclusion require discussion to assess new instruments of governance. The recently published standard (...) ISO 26000 is an interesting example of transnational governance. ISO 26000 was developed in a lengthy multiorganizational process for the purpose of giving guidance on the social responsibility of organizations. By assessing the specific case of ISO 26000, this study sheds light on the question of how legitimacy beyond nation-state democracy is ensured or constricted. Centering on the idea of deliberate democracy and democratic legitimacy, the study offers in-depth insights on the normative legitimacy of the development process of ISO 26000. Positioned on the interface of business studies and public policy, this article contributes to the academic literature on transnational governance and on the role of multistakeholder processes in shaping the role of business in society. (shrink)

In most liberal democracies for example, the central bank is as independent as the supreme court, yet deals with a wide range of economic, social, and political issues. How do these public servants make these policy decisions? What normative principles inform their judgments? In The Machinery of Government, Joseph Heath attempts to answer these questions. He looks to the actual practice of public administration to see how normative questions are addressed. More broadly, he attempts to provide the outlines (...) of a "philosophy of the executive" by taking seriously the claim to political authority of the most neglected of the three branches of the state. (shrink)

This article presents a theorized and conceptually informed method for the undertaking of an ethics audit organization. At an operational level, the overall integrity of an organization, it is argued, may be evaluated through the application of a conceptual frame-work that embraces the inter-related themes of individual responsibility, social equity and political responsibility. Finally, a method is presented for ethics audit which was developed in the auditing of a national public sector sports organization: sportscotland. This emphasizes the significance of (...) key personnel (individuals and in groups) in producing and reproducing the organizational ethos, whilst recognizing the importance of anonymity and confidentiality throughout the process. The theoretical terrain of the ethics audit is articulated through a consideration of ethics as applied moral philosophy, equity as social justice and corporate governance as the moral health (or otherwise) of a public sector sports organization. (shrink)

Comprehensive regulatory changes brought on by recent corporate governance reforms have broadly redefined and re-emphasized the roles and responsibilities of all the participants in a public company’s financial reporting process. Most notably, these reforms have intensified scrutiny of corporate audit committees, whose role as protectors of investors’ interests now attracts substantially higher visibility and expectations. As a result, audit committees face the formidable challenge of effectively overseeing the company’s financial reporting process in a dramatically changed – and highly (...) charged – corporate governance environment. This paper discusses the new expectations of audit committee responsibilities and effectiveness in the wake of corporate governance reforms, key challenges, “whistleblower” provisions and shortcomings, and provides some directions for future research. (shrink)

En "Science, Truth and Democracy" (2001) y Science in a Democratic Society" (2011a), Philip Kitcher propuso un modelo de "ciencia bien ordenada". A través del desarrollo de un ideal filosófico, la ciencia bien ordenada de Kitcher tiene como objetivo consolidar los requisitos de la democracia, así como de la práctica científica. El presente artículo trata de seguir este modelo ideal desde una perspectiva más empirica: ¿Hasta qué punto podemos aplicar dicha teoria en el plano de la política científica y de (...) los marcos institucionales? El enfoque se centra en un estudio de caso de un debate público sobre nanotecnología que tuvo lugar en Francia. (shrink)

This paper focuses on the role of contract as a governance mechanism in contemporary economic and social relations, exploring this theme in the context of recent writing on contract and contracting within law and other disciplines. The trends towards both outsourcing by private firms and privatization of public services have increased the importance of contract as an instrument of market and quasi-market exchange. Such organizational developments have been accompanied by institutional changes in the way in which business relationships (...) are regulated through legal and extralegal norms and other constraints in the contractual environment. Contract is also being deployed increasingly as an instrument of regulation of social relations between the state and citizens in the fields of welfare, education and criminal justice. Following Macneil, the paper develops a methodology for assessing the quality of different types of relationship—between buyers and sellers, purchasers and providers, providers and consumers, regulators and regulatees, government and governed, and state agencies and citizens—according to the relationality of «contract» norms. Drawing on theories of responsive regulation, the paper explores the institutional and organizational conditions of responsive contractual governance in selected areas of market, quasi-market, and social relations. The underlying argument is that the core values of democracy, participation, and citizenship have a central part to play in the determination of responsive regulatory policy. We should aim to increase the level of public participation in decisions concerning organizational and institutional frameworks, so that citizen and consumer interests may adequately be represented in the determination of optimal forms of governance. (shrink)

For Aristotle, virtues are neither transcendent nor universal, but socially interdependent; they need to be understood chronologically and with respect to character and context. This paper uses an Aristotelian lens to analyse an especially interesting context in which to study virtue—the state’s response when social order breaks down. During such periods, questions relating to right action by citizens, the state, and state agents are pronounced. To study this, we analyse data from interviews, observation, and documents gathered during a 3-year study (...) of riot policing in the U.K. In doing so, we contribute by joining a number of other conversations within JBE, suggesting detailed empirical examination of this context is useful in opening up considerations relevant to ‘virtue’ elsewhere. This extreme context helps us raise interesting and empirically informed questions that can encourage future theoretical and empirical contributions to virtue in business ethics. One such question is on the role of habituation in virtue, which is not just the inculcation of a reflex or automaticity, but can also refer to a trained and developed tendency to behave in the right way, for the right reasons, at the right time. Whilst we stop short of a simplistic alignment of habituation and virtue, we show ways in which it can inform understanding of both courage and phronēsis. (shrink)

Biobanks are proliferating rapidly worldwide because they are powerful tools and organisational structures for undertaking medical research. By linking samples to data on the health of individuals, it is anticipated that biobanks will be used to explore the relationship between genes, environment and lifestyle for many diseases, as well as the potential of individually-tailored drug treatments based on genetic predisposition. However, they also raise considerable challenges for existing legal frameworks and research governance structures. This book critically examines the current (...) governance structures in place for biobanks in England and Wales. It shows that the technologies, techniques and practices involved in biobanking do not always conform neatly to existing legal principles and frameworks that apply to other areas of medical research. Using a socio-legal approach, including interview data gathered from the scientific community, this book provides unique insights and makes recommendations about appropriate governance mechanisms for biobanking in the future. It also explores the issues around the secondary use of information, such as consent and how to protect privacy, when biobanks are accessed by a number of different third parties. These issues have relevance both within England and Wales and to a wide international audience, as well as for other areas where large datasets are used.--Back cover. (shrink)

Backdating of stock options is an example of an agency problem. It has emerged despite all the measures (i.e., new regulations and additional corporate governance mechanisms) aimed at addressing such problems? Beyond such negative controlling measures, a more positive empowering approach based on ethics may also be necessary. What ethical measures need to be taken to address the agency problem? What values and norms should guide the board of directors in protecting the shareholders' interests? To examine these issues, we (...) first discuss the role values and norms can play with respect to underlying corporate governance and the proper role of directors, such as transparency, accountability, integrity (which is reflected in proper mechanisms of checks and balances), and public responsibility. Second, we discuss various stakeholder approaches (e.g., government, directors, managers, and shareholders) by which conflicts of interest (i.e., the agency problem) can be addressed. Third, we assess the practice of backdating stock options, as an illustration of the agency problem, in terms of whether the practice is legally acceptable or ethically justifiable. Fourth, we proceed to an analysis of good corporate governance practice involving backdating options based on a series of ethical standards including: (1) trustworthiness; (2) utilitarianism; (3) justice; and (4) Kantianism. We conclude that while executive compensation schemes (e. g., stock options) were originally intended to help remedy the agency problem by tying together the interests of the executives and shareholders, these schemes may have actually become "part of the problem," and that the solution ultimately depends upon whether directors and executives accept that all of their actions must be based on a set of core ethical values. (shrink)

Biobanks that are run on an opt-in basis depend on people having the motivation to give and to trust in those who control their samples. Yet in the UK trust in the healthcare system has been in decline and there have been a number of health-related scandals that have received widespread media and public attention. Given this background, and the previous public consultations on UK Biobank, the paper explores the way people express their trust and mistrust in the (...) area of medical and genetic information through discussions in six focus groups held in different areas of Britain. The themes that emerged in the discussion were the special character of genetic data; the ease with which information spreads; the public/private divide in genetic research; the potential of genetic information to harm people; choice, consent and lack of control; and the difficulty of establishing trustworthy governing arrangements. The expert agenda of policy-makers and medical ethics does not address the broader concerns expressed by participants. It seems that public consultation and the language of openness and transparency may not be sufficient to establish trust in the governance of genetic databases. Donors will be asked to give freely without any return but the participants' perception of those using the samples is that they are motivated by success and profit rather than healthcare priorities. In this context altruism seems naive and even dangerous. In order to place their trust well people need evidence of a relationship with obligations and expectations on both sides. (shrink)

Technologies for mitigating and adapting to climate change are inherently political. Their development, diffusion and deployment will have uneven impacts within and across national borders. Bringing the governance of climate technologies under democratic control is imperative but impeded by the global scale of governance and its polycentric nature. This article draws on innovative theorising in the deliberative democracy tradition to map possibilities for global democratic governance of climate technologies. It is argued that this domain is not beyond (...) the reach of democracy. Civil society has a unique and expanded role to play in generating democratic legitimacy by fostering public deliberation; translating and transmitting concepts, ideas and messages; and promoting and facilitating deliberative accountability. (shrink)

Transparency has become a global concept of responsible government. This book argues that the transnational discourse of transparency promotes potentially contradictory policy ideas that can lead to unintended consequences. It critically examines whether or not increased transparency really leads to increased democratic accountability.