Commercial interest in land (large-scale land acquisition, LaSLA) in developing countries is a hot topic for debate and its potential consequences are contentious: proponents conceive of it as much needed investment into the formerly neglected agricultural sector while opponents point to severe social and environmental effects. This contribution discusses, if and how sustainability standards and codes of conduct can contribute towards governing LaSLA. Based on the WCED-definition we develop a conception of sustainability that allows framing potential negative effects as issues (...) of intra- and intergenerational justice. In a second step we specify these claims of justice, drawing on a human rights approach as well as three guidelines for sustainable development, namely, efficiency, consistency and resilience, to arrive at six guidelines for social and environmental sustainability criteria of LaSLA. We compare our suggestions with existing proposals for sustainability standards of LaSLA and with the certification schemes for sustainable production of bioenergy. From this we draw lessons for development and implementation of sustainability standards for LaSLA. (shrink)

This study was conducted with the aim of outlining a comprehensive picture of the coverage of various sustainability schemes or criteria sets related to the entire value-added chain of biomass and bioenergy and comparing them accordingly. Eight sustainability schemes and one draft directive were chosen for the qualitative comparison: two existing sets of criteria for agricultural biomass (RSPO, RTRS); two existing forest certification schemes (FSC, Finnish FFCS); two newly developed initiatives for biomass for energy raw material (WWF Meta (...) standard, CSB); and three recent proposals for bio energy and biofuels (SSB, Finnish SLF, EU draft directive).The analysis demonstrated that five schemes (RSPO, RTRS, FSC, CSB and SSB) are created for global application and commonly cover all sustainability issues plus the legal framework around it. The WWF Meta standard does also cover all issues, although the economic items are underemphasised. The two Finnish sets (FFCS and SLF) are mainly locally or regionally applied and focus more on environmental issues, as other issues are covered by existing legislation. The EU draft directive focuses mainly on the governance of energy from renewable sources at the European level, emphasising environmental issues. This paper resulted in the proposal of a tri-dimensional approach (sustainability issues; technical biomass conversion routes; physical trade flows) when comparing various biomass and bioenergy schemes and for further development and empirical testing of overall European biomass and bioenergy sustainability. (shrink)

Increasingly, ethical concerns are being raised regarding bioenergy production. However, the ethical issues often do not stand out very clearly. The aim of the present paper is to improve on this situation by analyzing the bioenergy discussion from the perspective of land use. From this perspective, bioenergy production may give rise to ethical problems because it competes with other forms of land use. This may generate ethical problems mainly for two reasons. First, bioenergy production may compete, (...) directly or indirectly, with food production; and as consequence the food security of poor people may be adversely affected (social aspects arguments). Secondly, the production of bioenergy may directly or indirectly lead to deforestation and other changes of land use that have a negative effect on greenhouse gas emissions (environmental arguments). So from this perspective the main challenge raised by bioenergy production is to secure responsible land use. The purpose of the paper is not to advocate, or promote, a specific ethical position on bioenergy, but to structure the main arguments found. The paper falls in two parts. One part addresses social aspects arguments for using agricultural land for bioenergy—where food insecurity, malnourishment, and significant food poverty are the main concerns. The second part scopes environmental implications—notably greenhouse gas emissions impact, as affected by deforestation and other (indirect) land-use changes. Alongside showing some of the current dilemmas presented by wider land-use changes, arguments are analyzed from two ethical angels: a consequentialist and a deontological. (shrink)

Certification of banana plantations is widely used as a device for protecting and improving socio-economic conditions of wageworkers, including their incomes, working conditions and—increasingly—voice [related to labour relations and workplace representation]. However, to date, evidence about the effectiveness of certification in these domains is scarce. We collected detailed field data on (1) economic benefits for improving household income, (2) social benefits for labour practices, and (3) the voice of wageworkers focusing on identity and identification issues amongst wageworkers at (...) Fairtrade certified banana plantations and comparable, non-certified plantations in the Dominican Republic. We used different types of regression models to identify significant relationships. Econometrical analysis of survey results complemented by field observations and outcomes from in-depth stakeholder interviews indicate that the impact of Fairtrade certification on wageworkers’ economic benefits is rather limited. However, the impact on the voice of wageworkers (job satisfaction, sense of ownership, trust), is more evident. On Fairtrade certified plantations workers are more satisfied with the course of life and better represented. Thus while the additional value of Fairtrade certification on primary wages seems limited, Fairtrade has relevant positive effects on the labour force, particularly by delivering in-kind benefits, offering a sense of job-security, improving voice and enabling private savings. Benefits of (Fairtrade) certification, but also other interventions with a similar purpose, might therefore not be discerned in terms of economic benefits such as wages or basic labour conditions that are under direct control of (inter)national law, but they should be identified in terms of social benefits and improved norms of conduct for wageworker engagement. (shrink)

We argue that although halal certification could potentially reduce the high transaction costs related to buying Islamic financial products, in practice these costs are just replaced by transaction costs relating to the certification itself. It takes considerable time (2–3 months) and money (USD 122.000) to obtain a halal certification. Partially, this is because the market is highly concentrated and non-contestable. About 20 individual Sharia scholars control more than half the market, with the top 3 earning an estimated (...) USD 4.5 million in fees per year. Moreover, this market seems plagued with problems, most notably a strong incentive for excessively lenient certification, lack of consensus on what is considered halal and sub-standard governance practices. We discuss solutions to these problems and conclude that a neutral non-profit government entity should assume the role of halal certifiers. (shrink)

A growing number of multi-stakeholder initiatives seek to improve labor and environmental standards through third-party certification. Fairtrade, one of the most popular third-party certifications in the agro-food sector, is currently expanding its operations from its traditional base in commodities like coffee produced by peasant cooperatives to products like flowers produced by hired labor enterprises. My analysis reveals how Fairtrade’s engagement in the hired labor sector is shaped by the tensions between traditional market and industrial conventions, rooted in price competition, (...) bureaucratic efficiency, product standardization and certification and alternative domestic and civic conventions, rooted in trust, personal ties, and concerns for societal wide benefits. At the global level, these tensions shape Fairtrade’s global standard setting as reflected in Fairtrade’s recently revised labor standards. At the local level, these tensions shape the varied impacts of certification on the ground as revealed through a case study of certified flower production in Ecuador. (shrink)

This paper analyzes the possibilities and challenges of Fair Trade certification as a movement seeking to improve the well-being of small-scale coffee growers and coffee laborers in the global South. Six months of fieldwork was conducted in 2005–2006 to study the roles of a wide range of farmers, laborers, cooperative administrators, and export companies in Fair Trade coffee production and trade in Nicaragua. The results of our evaluation of the ability of Fair Trade to meet its objectives indicate that (...) Fair Trade’s opportunities to provide a significant price premium for participating farmers largely depend on world coffee prices in mainstream markets. While Fair Trade has promoted premiums for social development for participating producers and strengthened the institutional capacities of the cooperatives involved, its ability to enhance significantly the working conditions of hired coffee laborers remains limited. (shrink)

From a certifier’s perspective, this paper deals with the question of how to bring together the values of producers and consumers in globalized food markets. It is argued that growth and mainstreaming of organic food production cannot be achieved solely by ethically aware consumers signalling their more sustainable purchase decision to the market. In fact, the intrinsic motivation of producers is an indispensable requisite for such a development. It is then the organic movement’s and the certifier’s task to bring together (...) the values of consumers and producers. This challenge is explored in the following by using the example of organic aquaculture. Based on one of the author’s experience in the field of aquaculture certification since the late 1990s, in about twenty countries and with most aquaculture animal species, the paper examines critical value-based aspects that are prominent from the perspective of sustainability. These are: use of problematic substances in aquaculture production, stocking density, origin of feedstuff, certification procedure, and small-scale farming versus large aquaculture companies. On this basis, the paper describes and analyses attempts to formulate respective organic certification standards. In order to bring about organic aquaculture, it is argued that consumers’ choices alone are not sufficient and that successful transformation to sustainable aquaculture also needs to take into account values and preferences of producers. (shrink)

Child and adolescent researchers must balance increasingly complex sets of ethical, legal, and scientific standards when investigating child and adolescent mental disorders. Few guidelines are available. One mechanism that provides the investigator immunity from legally compelled disclosure of research records is described. However, discretion must be exercised in its use, especially with regard to abuse reporting, voluntary disclosure of abuse, and protection of research data. Examples of discretionary issues in the use of the certificate of confidentiality are provided.

The purpose of this article is to examine empirically the impact of environmental certification on firm financial performance (FP). The main question is whether there is a "green premium" for certified firms, and, if so, for what kind of certification. We analyze the short-run and the long-run stock price performance using an event-study methodology on a sample of Canadian and U.S. firms. The results of short-run event abnormal returns indicate that forest certification does not have any significant (...) impact on firm FP regardless of the certification system carried out by firms. Unlike the short-run results, the long-run post-event abnormal returns suggest that forest certification has, on average, a negative impact on firm FP. However, the impact of forest certification on firm FP depends on who grants the certification, since only industry-led certification (Sustainable Forestry Initiative, Canadian Standards Association and ISO14001) are penalized by financial markets, whereas non-governmental organizations—led Forest Stewardship Council certification is not. (shrink)

The Kimberley Process Certification Scheme is an innovation in global governance that combines a voluntary industry-led certification system with an inter-state import/export control regime. States, industry, and activists speedily negotiated it in large part due to the concentrated structure of the industry, and the complementary nature of emerging norms regarding both corporate behavior and international intervention in civil conflicts. The potential strength of the Kimberley Process lies in its state-led border controls, but these are being undermined by weak (...) national governments. This effort may not provide an effective model for regulating other "conflict commodities" because of the unique character of the diamond market. (shrink)

sirAccording to the Swedish Immigration Board , about 26,500 people per year have applied for asylum in Sweden during the last decade. Experiences from Denmark show that up to 20% of those who seek asylum have been subjected to torture or severe ill-treatment in their home countries.1 Since 1992, most of these applicants have been examined at the Centre for Torture and Trauma survivors in Stockholm.2 The findings are described in medicolegal certificates submitted to the immigration authorities.The present study was (...) primarily aimed at analysing the relationship between the medicolegal certificates and the chances of obtaining asylum in 52 randomly selected CTD cases from the years 1994-96. The medicolegal certificates were classified according to extent of compatibility between testimony …. (shrink)

Digital COVID certificates are a novel public health policy to tackle the COVID-19 pandemic. These immunity certificates aim to incentivize vaccination and to deny international travel or access to essential spaces to those who are unable to prove that they are not infectious. In this article, we start by describing immunity certificates and highlighting their differences from vaccination certificates. Then, we focus on the ethical, legal, and social issues involved in their use, namely autonomy and consent, data protection, equity, and (...) international mobility from a global fairness perspective. The main conclusion of our analysis is that digital COVID certificates are only acceptable if they meet certain conditions: that they should not process personal data beyond what is strictly necessary for the aimed goals, that equal access to them should be guaranteed, and that they should not restrict people’s autonomy to access places where contagion is unlikely. We conclude that, if such conditions are guaranteed, digital COVID certificates could contribute to mitigating some of the most severe socioeconomic consequences of the pandemic. (shrink)

Les honoraires sont une forme de rémunération rudimentaire et mal définie, en total décalage avec l’économie actuelle du travail prise dans son ensemble. Le travail artistique se trouve au cœur d’une industrie multimilliardaire et pourtant aucune norme, convention ou réglementation ne vient encadrer la rémunération des artistes. Les artistes fournissent une force de travail. En tant que représentant de cette force de travail, W.A.G.E. demande qu’une rémunération mandatée et transparente soit fixée, correspondant au travail effectué par les artistes pour les (...) expositions, les programmes et les publications. (shrink)

The writer responds to the essay “Developing, Administering, and Scoring the Healthcare Ethics Consultant Certification Examination,” by Courtenay R. Bruce et al., in the September‐October 2019 issue of the Hastings Center Report.

This Article proposes a thought-experiment with regard to the administration of class actions. It is almost axiomatic that class actions are determined through a single “certification.” However, class actions can be certified through a tiered certification, e.g., a preliminary certification on a more lenient standard, followed by a full certification. Flattening the certification process allows a richer set of solutions to familiar dilemmas. Currently, a noncertified class does not bar subsequent certification attempts. Focusing on (...) this problem, this Article demonstrates that tiered certification is a superior solution — members of a class that passed the first certification but not the second receive at least minimal procedural protection and thus could be precluded from serial certification attempts. More generally, tiered certification can better handle several species of collective litigation, which can be referred to as semi-class actions. Collective proceedings, whose certification costs are greater than their social benefit, do not justify a comprehensive class treatment. But to the extent that these cases entail some modest social value, they deserve to pass a less onerous, preliminary certification. The Article discusses cases that fit this pattern, for instance prospective, class-wide relief for technical regulatory violations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Considering CertificationAnand Jayprakash Vaidya (bio)Jewel of Reflection on the Truth about Epistemology: A Complete and Annotated Translation of the Tattva-cintā-maṇi. Volume 1, Perception. Volume 2, Inference. Translated by Stephen Phillips. London: Bloomsbury.I. IntroductionStephen Phillips' Jewel of Reflection on the Truth about Epistemology is a masterful translation and commentary on the books originally written by Gaṅgeśa, the fourteenth-century father of the Navya-Nyāya tradition of Indian philosophy. Jewel is one of (...) the most highly regarded works in Indian epistemology, one that rivals the work of Immanuel Kant in terms of its depth and significance. While J. N. Mohanty (1966) and B. K. Matilal (1968) translated portions of Gaṅgeśa's Jewel, only Phillips (2020) offers a complete translation—one that will serve as the foundation for any future study of Gaṅgeśa. In what follows, I will not be focusing on issues of translation or interpretation pertaining to the text. Rather, I will be engaging Phillips' account of Gaṅgeśa (hereafter Phillips) with the aim of bringing Gaṅgeśa's Jewel into contact with a debate in contemporary epistemology. I believe Gaṅgeśa's distinction between perceptual knowledge and certification has a lot to offer contemporary epistemology.The point of departure for my engagement with Phillips is the debate over internalism and externalism about knowledge.1 One account of the debate is that there is a disagreement over whether the KK principle is true. The KK principle states that when x knows that p, x knows that x knows that p. Internalists hold that knowledge is a wholly internal affair, and thus they accept the KK principle. More specifically, awareness internalists hold that x knows that p only when x is also aware of x's knowledge basis for p. By contrast, access internalists hold a weaker claim: x knows that p only when x can become aware, by reflection, of x's knowledge basis for p. Externalists typically deny some version of the KK principle. On one version of externalism, knowledge is justified true belief + some anti luck condition, and to have a justified true belief is for the belief to be formed on the basis of a reliable belief-forming process whether or not the subject knows anything about the workings of the belief-forming process. Externalists hold [End Page 486] that x can know that p, without having any reflective access to the knowledge basis for p.2 However, some analytic philosophers object to the internalismexternalism debate. In a now classic set of essays, Tyler Burge (1993, 2003) moves around the internalism-externalism debate by drawing a distinction between two types of warrant: entitlement and justification—where entitlement plays an externalist role, and justification plays an internalist role.The internalism-externalism distinction does not exist in Indian epistemology. In Indian epistemology, there is a distinction between intrinsic and extrinsic validity. This distinction only superficially resembles the internalism-externalism contrast found in the analytic tradition.3 Just as Indian epistemologists did not draw the distinction between a priori and a posteriori knowledge, they also did not draw the distinction between justification being a wholly internal affair versus justification being a wholly external affair.Can the absence of the internalism-externalism debate in classical Indian epistemology be used to draw an alternative map of epistemic relations, one that competes with Burge's distinction between entitlement and justification? Stephen Phillips' (2012) work on Nyāya epistemology in combination with his translation and commentary on Jewel allows for an opportunity to explore this question. In section II, I present Burge's account of the dual warrants of entitlement and justification. In section III, I present Phillips' account of perceptual knowledge and certified knowledge. In section IV, I use both theories to analyze a case of perceptual knowledge. In section V, I turn to a comparative analysis of Burge's and Phillips' views, to open up the issue for further debate and discussion.II. Tyler Burge on Entitlement and JustificationIn his 1993 and 2003 articles Burge offers an alternative way of seeing the internalism-externalism debate about justification. In his 1993 work he distinguishes between justification... (shrink)

Smallholder farm workers are important actors in global agricultural value chains. However, there is limited research on the extent to which certification affects their working conditions. This study analyzes the effects of GlobalGAP certification on the working conditions of smallholder farm workers in Ghana’s mango sector, drawing on insights from the International Labor Organization (ILO) decent work framework and qualitative interviews with farmers, wage workers on both certified and non-certified mango farms, and key stakeholders. We found that GlobalGAP (...) certification has the potential to improve working conditions by increasing wages and the number of people employed, creating a healthy working environment, establishing a grievance mechanism, and securing worker health and safety. However, we argue that the certification scheme does not necessarily promote decent work due to limitations in both the guidelines and implementation. We also found that financial constraints and the limited supply of an educated labor force impede the implementation of social standards stipulated in certification schemes. Based on these findings, we recommend that trade unions organize wage workers on mango farms to enhance social dialogue between the state and certification bodies. This can enhance the spread of social protection mechanisms in rural areas. (shrink)

Teachers need to acquire technology and digital skills in order to be able to follow the rapid changes in society. Since 2003, a national project has been carried out in Greece concerning the certification of teachers in basic computer skills. During this project many teachers participated and certified through a Computer Based Assessment system that has been developed by the Computer Technology Institute & Press - Diophantus. In this paper a brief view of syllabus, item bank, and tools that (...) are used for preparing and delivering examinations for teachers’ certification on basic computer skills is given. Moreover, the participants profile based on teachers’ responses is explored. (shrink)

L’auteure trace l’historique des réflexions sur la médiation en France depuis 30 ans. Elle tire de ces analyses des propositions sur la notion de certification de la médiation, ses modalités possibles et la manière dont celle-ci pourrait répondre aux dimensions originales de la médiation sans les réduire à d’autres formes de régulation des conflits.

Behavior analysis, a rapidly growing profession, began with the use and application of conditioning and learning techniques to modify the behavior of children or adults presenting severe management problems, often because of developmental disabilities. Now behavior analysts work in a variety of settings, from clinics and schools to workplaces. Especially since their practice often involves aversive stimuli or punishment, they confront many special ethical challenges. Recently, the Behavior Analysis Certification Board codified a set of ten fundamental ethical guidelines to (...) be followed by all behavior analysts and understood by all students and trainees seeking certification. This book shows readers how to follow the BACB guidelines in action. The authors first describe core ethical principles and then explain each guideline in detail, in easily comprehensible, everyday language. The text is richly illuminated by more than a hundred vivid case scenarios about which the authors pose, and later answer questions for readers. Useful appendices include the BACB Guidelines, an index to them, practice scenarios, and suggested further reading. Practitioners, instructors, supervisors, students, and trainees alike will welcome this invaluable new aid to professional development. (shrink)

This article analyzes the institutionalization of the global organic agriculture field and sheds new light on the conventionalization debate. The institutions that shape the field form a tripartite standards regime of governance that links standard-setting, certification, and accreditation activities, in a layering of markets for services that are additional to the market for certified organic products. At each of the three poles of the TSR, i.e., for standard-setting, certification, and accreditation, we describe how the corresponding markets were constructed (...) over time and the role of the different actors in their evolution. We analyze the politics at stake among the actors at each pole, their competing or cooperative interests and visions, and the tensions between them in the promotion of markets. Through the lens of the TSR heuristic, we show that the institutionalization of the organic field beginning in the 1990s and its de facto inclusion in the broader sustainability field beginning in the 2000s contribute to a progressive distancing between the organic movement and its initial political project of alterity, to which public and private actors both contribute actively. As a set of interlinked market institutions, the TSR orients and narrows the scope of debate, which becomes restricted to “market-compatible” dimensions and objects. We conclude that the TSR is a promising heuristic for analyzing contemporary global regulation. (shrink)

Certification for biofuels has been developed to ensure that biofuel production methods adhere to social and environmental sustainability standards. As such, requiring biofuel production to be certified has become part of EU policy through the 2009 renewable energy directive, that aims to promote energy security, reduce emissions and promote rural development. According to the EU RED, in 2020 10 % of our transport energy should come from renewable sources, most of which are expected to be biofuels. In this paper (...) I examine what biofuel certificates are, what they can achieve and what their limitations are. Methodologically, I will evaluate them using the standards of instrumental, practical and communicative rationality. With regard to instrumental rationality, I conclude that the EU RED makes an important but unjustified assumption in demanding certified biofuels for its target: that if biofuel production is sustainable, then biofuel use is too. I also argue that, where the EU assumes that biofuel certification is a sufficient means to achieve the EU RED’s goals, it is at best an insufficient means and at worst not a means at all towards achieving these goals. With regard to practical rationality, I argue that more attention needs to be paid to trade-offs between different goals in the EU RED, particularly with regard to providing investor security and not capping transport energy consumption. With regard to communicative rationality, I argue that the policy-making process of the EU RED has been seriously flawed, and that certification development processes also can improve significantly. (shrink)

While prior ecolabel research suggests that consumers’ trust of ecolabel sponsors is associated with their purchase of ecolabeled products, we know little about how third-party certification might relate to consumer purchases when trust varies. Drawing on cognitive theory and a stratified random sample of more than 1200 consumers, we assess how third-party certification relates to consumers’ use of ecolabels across different program sponsors. We find that consumers’ trust of government and environmental NGOs to provide credible environmental information encourages (...) consumers’ use of ecolabels sponsored by these entities, and consumers do not differentiate between certified versus uncertified ecolabels in the presence of trust. By contrast, consumers’ distrust of private business to provide credible environmental information discourages their use of business association-sponsored ecolabels. However, these ecolabels may be able to overcome consumer distrust if their sponsors certify the ecolabels using third-party auditors. These findings are important to sponsors who wish develop ecolabels that are more credible to consumers, and thus encourage more widespread ecolabel use. (shrink)

in Oct-14-1998 ordinance INDESP-IO4 established the federal software certification and verification requirements for gaming machines in Brazil. The authors present the rationale behind these criteria, whose basic principles can find applications in several other software authentication applications.

Certification schemes and labels such as the Forest Stewardship Council, Fairtrade, and Rainforest Alliance are market-based mechanisms designed to harness consumer power in economically developed countries to influence companies to improve the economic, social and environmental welfare of producers, workers and communities in economically developing countries. However, consumers are largely not convinced that certification schemes are acting in the interests of developing countries, because consumers have different understandings of the ethics of global trade. Drawing on the results of (...) six semi-structured focus groups comprising 58 consumers and an online panel-based survey of 1014 respondents, this study tests the central assumption underlying these schemes that consumers are motivated to hold companies responsible for unethical behaviour. Most consumers hold sceptical, and at times, conflicting views in terms of how they perceive the root causes of the problems, possible solutions and ethical trade beneficiaries. This study contributes to the nascent literature on political consumerism, by highlighting an under-theorised and contradictory challenge for certification schemes. Political consumers are required to recognise the complexities of ethical trade while believing that the simple act of purchasing their labelled products is effective. Consumers also envisage a role for government regulation. (shrink)

While consensus exists among many practitioners of ethics consultation about the need for and identification of core competencies and standards, there has been virtually no attempt to determine how these competencies and standards are best taught and assessed. We believe that clinical ethics consultation has reached a state of sufficient maturity that expert practitioners can evaluate those who are new to the field. We will outline several steps that can facilitate the creation of a certification process for clinical ethics (...) consultants, assuring the competency and quality of consultation for the patients, families, and healthcare professionals who utilize ECSs. (shrink)

This study presents a theory of causally complex configurations of antecedent conditions influencing the adoption versus non-adoption of international supplier ethical certification-standards. Using objective measures of antecedents and outcomes, a large-scale study of exporting firms in the cut-flower industry in two South American countries supports the theory. The theory includes the following and additional propositions. No single -antecedent condition is sufficient for accurately predicting a high membership score in outcome conditions; the outcome conditions include a firm’s adoption or rejection (...) of a product certification. No single -antecedent condition is necessary for accurately predicting high scores in the outcome condition. A few complex antecedent conditions are sufficient but the occurrence of each is not necessary for accurately predicting high scores in an outcome condition. Causal asymmetry of antecedent conditions indicating adoption versus non-adoption of specific ethical standards occurs—that is, causal conditions leading to rejection are not the mirror opposites of causal conditions leading to adoption. (shrink)

Answering important public health questions often requires collection of sensitive information about individuals. For example, our understanding of how HIV is transmitted and how to prevent it only came about with people's willingness to share information about their sexual and drug-using behaviors. Given the scientific need for sensitive, personal information, researchers have a corresponding ethical and legal obligation to maintain the confidentiality of data they collect and typically promise in consent forms to restrict access to it and not to publish (...) identifying data.The interests of others, however, can threaten researchers' promises of confidentiality when legal demands are made to access research data. In some cases, the subject of the litigation is tightly connected to the research questions, and litigants' interest in the data is not surprising. Researchers conducting studies on tobacco or occupational or other chemical exposures, for example, are relatively frequent targets of subpoenas. (shrink)

The relations of power between healthcare-related institutions and the professionals that interact with them are changing. Generally, the institutions are gaining the upper hand. Consequently, the intellectual abilities necessary for professionals to pursue the internal goods of healthcare are changing as well. A concrete case is the struggle over sickness benefits in Sweden, in which theSwedish Social Insurance Agency(SSIA) and physicians are important stakeholders. The SSIA has recently consolidated its power over the sickness certificates that doctors issue for their patients. (...) The result has been a stricter gatekeeping of sickness benefits. In order to combat the inroads made by state institutions into sickness certification, and into the sphere of medical practice, some doctors have developed cunning “techniques” to maximize the chance to have their sickness certificates accepted by the SSIA. This article attempts to demonstrate that cunning intelligence—the ability of the weak to “outsmart” a stronger adversary—plays an important role in the practice of medicine. Cunning intelligence is not merely a defective form of prudence (phronesis), nor is it simply an instance of instrumental reason (techne), but rather an ability that occupies a distinct place among the intellectual abilities generally ascribed to professionals. (shrink)

Volume 20, Issue 3, March 2020, Page 27-29.

The biofuel boom is placing enormous demands on existing cropping systems, with the most crucial consequences in the agri-food sector. The biofuel industry is responding by initiating private governance and certification. The Roundtable on Sustainable Palm Oil (RSPO) and the Cramer Commission, among others, have formulated criteria on “sustainable” biofuel production and processing. This article explores the legitimacy of private governance and certification by the biofuel industry, highlighting opportunities and challenges. It argues that the concept of output based (...) legitimacy is problematic in the case of biofuel as long as no consensus or commonly agreed “best” solution has been established on what sustainable biofuel production is. Furthermore, it shows that the private governance initiatives analyzed fail to adequately include actors from developing countries. Finally, the article argues that we need mechanisms for control and accountability in order to guarantee that the political output of biofuel certification serves the common welfare. (shrink)

The Sarbanes–Oxley Act of 2002 requires company executives to certify financial statements and internal controls as a means of reducing fraud. Many companies have operationalized this by instituting a sub-certification process and requiring lower-level managers to sign certification statements. These lower-level organizational members are often the individuals who are aware of fraud and are in the best position to provide information on the fraudulent act. However, the sub-certification process may have the effect of reducing employees’ intentions to (...) report wrongdoing. We suggest that subordinates with knowledge of a superior who committed a fraudulent act and certified that there is no fraud will feel less personal responsibility to report the act, thus, decreasing reporting intentions. Additionally, we suggest that if the fraud is discovered subsequent to the reports being filed with the Securities and Exchange Commission, employees will perceive lower management responsiveness to investigate the fraud, which will reduce intentions to report. Using an experimental approach, we manipulate two between-participant variables: the presence or absence of sub-certification by the transgressor and the timing of fraud discovery, either before or after the reports have been filed with the SEC. We find that when sub-certification is present, perceived personal responsibility and intentions to report were diminished compared to when sub-certification is absent. Timing of the discovery of the fraudulent act did not influence perceived management responsiveness or reporting intentions. Supplemental analysis shows that personal responsibility partially mediates the relationship between sub-certification and reporting intentions. Our findings suggest that audit committees and senior executives may want to carefully consider the costs and benefits of the sub-certification process. (shrink)

In Legality, Scott Shapiro introduces what he calls the “Planning Theory of Law.” Shapiro introduces the idea of a plan with examples from outside of the law. He then must provide an account of what is distinctive about law, such that the other plan-based social orders are not also legal systems. He gives two answers: first, a legal system is organized by a moral aim. Second, a legal system is self-certifying. I examine these in turn, and argue that each can (...) only characterize what is distinctive about law if the relevant moral problem that law aims to solve is itself specifically concerned with authority—that is with who gets to decide about what. Other forms of planning assign roles to people to solve problems that have nothing to do with authority; law uses role-based authority to solve a moral problem that is fundamentally about authority. (shrink)

I am grateful to Felicia Cohn for saying that my commentary “miss[ed] the real role credentialing has in professionalization”, and hope that I can rectify the situation by including...

While a growing body of literature has examined the link between green activities and firm innovation, little attention has been paid to the underlying mechanisms through which green activities take effect. This paper leverages the context of ISO 14001 certification among Chinese listed firms to investigate how the certification of environmental management system to ISO 14001 shapes corporate technological innovation. Drawing from the resource-based view and the resource management perspective, we argue that EMS certification to ISO 14001 (...) facilitates corporate technological innovation through the mediating effects of firms’ internal resource management practices, namely resource utilization, resource accumulation, and resource allocation. A difference-in-differences research design, together with the propensity score matching approach and the instrumental variable technique, provides corroborating evidence for our predictions. The current research not only makes substantial contributions to the literature, but also provides important ethical implications for both policymakers and firm managers. (shrink)

Over the past two decades the growth of the organic sector has been accompanied by a shift away from first party, or peer review, systems of certification and towards third party certification, in which a disinterested party is responsible for the development of organic standards and the verification of producer compliance. This paper explores some of the limitations of the third party certification model and presents the case of Mexico as an example of how an alternative form (...) of participatory certification has emerged. The paper suggests that participatory guarantee systems (PGS) are reflective of the growing “beyond organic” movement, which focuses on reconstructing the local and re-embedding food systems into their socio-ecological contexts. It argues that PGS offers a number of benefits for producers and consumers, particularly in the South, but that it faces a number of challenges as well, such as a lack of formal recognition, social conflicts and dependence on donated resources. (shrink)

Although organic standards and certification schemes have a crucial role in ensuring quality, safety, and sustainability within food systems, there is a need to critically analyze their implications on human capabilities within alternative food networks (AFNs). Therefore, this paper draws upon the capability approach to analyze the implications of three governance mechanisms (i.e., third-party, social control, and hybrid certification) on human flourishing within AFNs in Ceará, Brazil. The three cases primarily build on 66 interviews with farmers, consumers, AFN (...) owners and employees, certifying officials, governmental and non-governmental representatives, and researchers. Third-party certification has some positive effects in terms of material, political, and environmental capabilities and many negative effects regarding social/cultural capabilities. Social control certification bolsters material, social/cultural, political, and environmental capabilities for the benefit of farmers and consumers. Hybrid certification increases the material control, political power, social legitimacy, and environmental governance of market intermediaries. The findings can help scholars, practitioners, and policymakers rethink the role of organic standardization and certification in fostering fundamental human capabilities and tackling inequalities within AFNs. (shrink)

This study explores the impact of B Corp certification and its associated impact assessment on four case studies of small and medium-sized Brazilian companies certified as B Corps. The results reveal that although all companies had achieved high scores in the certification assessment, awarded on the basis of existing performance, they did not subsequently develop road maps for the future to improve their scores in the way which the B Corp Impact Assessment process endorses as one of the (...) benefits of certification. Their incremental changes are discussed in the light of the main motivations and expectations of these companies’ founders with regard to the certification. A central role of the B Corp certification for this group of companies was to improve their external reputation with investors, clients and consumers. They were not strongly driven to reshape internal processes in ways which would advance their scores in the impact assessment and which would tackle complex problems of corporate governance. Our findings contribute to enriching the discussion of stakeholder engagement and corporate governance in hybrid organizations and contribute to the emerging agenda on studying change over time in B Corps. (shrink)

Birth certificates typically designate parents as ‘mothers’ or ‘fathers’ although some U.S. states offer non-gendered designations. We argue that gendered characterizations offer scant legal or moral value and that states should move to degender parental status on birth certificates but retain that information in registrations of birth. Registrations of birth identify the person giving birth to a child, when and where, and they report demographic and health information useful for civic and public health purposes. Birth certificates typically report a child’s (...) name, sex, date and location of birth, and parentage so far as known. As documents establishing parents’ standing in relation to children and vice versa, as well as age and presumptive citizenship, birth certificates add no legal or moral value by gendering parents. Degendering parents on birth certificates interferes with no social roles or identities. Gendering parents on birth certificates obliges the state to rely on exclusionary criteria of ‘mother’ and ‘father.’ By contrast, degendering parental status withdraws the need for such criteria and confers benefits on people with transgender and non-binary identities, as well as undercutting any problematic presumption that parents have responsibilities to their children qua mother or qua father. (shrink)

Over the past two decades the growth of the organic sector has been accompanied by a shift away from first party, or peer review, systems of certification and towards third party certification, in which a disinterested party is responsible for the development of organic standards and the verification of producer compliance. This paper explores some of the limitations of the third party certification model and presents the case of Mexico as an example of how an alternative form (...) of participatory certification has emerged. The paper suggests that participatory guarantee systems (PGS) are reflective of the growing “beyond organic” movement, which focuses on reconstructing the local and re-embedding food systems into their socio-ecological contexts. It argues that PGS offers a number of benefits for producers and consumers, particularly in the South, but that it faces a number of challenges as well, such as a lack of formal recognition, social conflicts and dependence on donated resources. (shrink)

Abstractabstract:Birth certificates typically designate parents as "mothers" or "fathers," although some US states offer nongendered designations. The authors argue that gendered characterizations offer scant legal or moral value and that states should move to degender parental status on birth certificates but retain that information in registrations of birth. Registrations of birth identify the person giving birth to a child, when, and where, and they report demographic and health information useful for civic and public health purposes. Birth certificates typically report a (...) child's name, sex, date and location of birth, and parentage so far as known. As documents establishing parents' standing in relation to children and vice versa, as well as age and presumptive citizenship, birth certificates add no legal or moral value by gendering parents. Gendering parents on birth certificates obliges the state to rely on exclusionary criteria of "mother" and "father." By contrast, degendering parental status withdraws the need for such criteria and confers benefits on people with transgender and nonbinary identities, as well as undercutting any problematic presumption that parents have responsibilities to their children qua mother or qua father. (shrink)