The purpose of this paper is to provide an overview of the most recent public policy and ethical issues as they relate to the growing usage of nonunion employment arbitration particularly in relation to financial services firms and professional firms. In this era of increasing employment-related litigation, it is wise from an employer’s point of view to find alternative procedures that offer assurances of fairness yet provide expeditious means for resolving disputes. From an employee’s vantage point, however, it (...) is essential that the fundamental issue of procedural and substantive due process be maintained and guaranteed. Therefore, a number of strategic ethical issues arise: How should employment arbitration procedures be designed following the Due Process Protocol of the Task Force on Alternative Dispute Resolution in Employment? How should arbitration procedures follow the national rules for the resolution of employment disputes of the American Arbitration Association? Do recent court decisions shed light on these issues? What ethical principles can be gleaned from these public policy pronouncements? A final objective of this paper is to study some of the current initiatives on this topic. (shrink)

Although the use of arbitration has become commonplace in the organizational world, the ethical issues surrounding arbitration have never been fully explored. The paper reviews ethical issues in arbitration, particularly in terms of forensic bias parallels, that may affect decision-making and make the arbitrator''s decision questionable. Finally, the maintenance of fairness in the arbitration process, and the importance of an ethically acceptable system of organizational justice are also discussed.

This paper provides a historical overview of the interrelationship between the use of nonunion employment arbitration and the ethics of employee organizational due process. Key research questions to be explored include the following, among others: Why are expectations about due process in organizations increasing? How are these expectations being exhibited? What is the nature of fair treatment of employees in relation to nonunion employment arbitration? Should arbitration in the nonunion employment relationship be nurtured? A final objective of (...) this paper is to study some of the current initiatives that neutral agencies have adopted to ensure that nonunion arbitration is fair, just, and equitable for a firm's employees. (shrink)

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There can be no doubt that the Romans were very much influenced in their use of interstate arbitration by the Greeks. This statement can be made without affecting the question as to whether the actual principle of arbitration was known to them before their contact with the Greeks. Either the practice sprang up independently in Italy and Greece owing to similarity of conditions, or else it was part of the same stock of political and social ideas inherited by (...) each race alike from common ancestors. It would be improbable if two nations of such close relationship and such similar civilisation could not have inherited so natural an idea or developed it along similar lines, and indeed the very widespread practice of arbitration in private law at Rome has none of the signs of an imported idea. (shrink)

This book analyzes the implementation of CSR reporting and codes of business conduct and ethics in the legal systems of the USA, Austria and China and their enforcement in international supply chain arbitrations. The book demonstrates that long-term profit maximization is increasingly intertwined with corporate ethics and CSR policies. In order to prevent window-dressing and greenwashing, certain control mechanisms and legal standards are required along the entire supply chain. This book introduces an ethics and CSR system recommending a reward-based whistleblowing (...) mechanism, internal oversight by a CSR and Ethics Committee comprised of independent board members and at least one sustainability expert, and an external, independent and comprehensive assurance of CSR reports provided by auditing firms or newly formed governmental agencies consisting of certified CSR experts. The author emphasizes the significance for supply chain leaders to ensure contractual enforcement of their codes of business ethics and conduct along the supply chain. Against this background, the author created a comprehensive fictitious case scenario covering a supply chain dispute arising from the breach of the supply chain leader’s code of business conduct and ethics by a lower-tier supply chain member. The author acknowledges the fact that in most of the cases the governing law of international supply chain contracts is English law or law based on English law. Thus, the author discusses potential contractual claims for damages arising from a loss of profits caused by a loss of reputation resulting from violations of core provisions of the chain leader’s supplier code of conduct pursuant to English law. As international supply chain disputes usually involve more than two parties, and international arbitration is the ideal means for the resolution of these disputes, the book compares the arbitration rules for consolidations and joinders of some of the most significant international arbitration institutions: SIAC, ICC, AIAC, ICDR, VIAC, CIETAC and HKIAC. The book is directed at legal practitioners, legislators of various jurisdictions, board members of corporations, ethics and compliance officers, academics, researchers and students. It is the author’s main goal that the book serves as an inspirational source for the establishment or the improvement of a corporate ethics and CSR system preventing window-dressing and greenwashing and covering the entire supply chain. Furthermore, it is intended that students develop a deeper understanding for the enforcement of corporate ethics and CSR policies. (shrink)

The arbitral world is at a crucial point in its historical development, poised between two conflicting conceptions of its nature, purpose, and political legitimacy. Formally, the arbitrator is an agent of the contracting parties in dispute, a creature of a discrete contract gone wrong. Yet, increasingly, arbitrators are treated as agents of a larger global community, and arbitration houses concern themselves with the general and prospective impact of important awards. In this paper, I address these questions, first, from the (...) standpoint of delegation theory. In Part I, I introduce the basic “Principal-Agent" framework [P-A] used by social scientists to explain why actors create new institutions, and then briefly discuss how P-A has been applied to the study of courts. Part II uses delegation theory to frame discussion of arbitration as a mode of governance for transnational business and investment. In Part III, I argue that the International Center for the Settlement of Investment Disputes is presently in the throes of judicialization, indicators of which include the enhanced use of precedent-based argumentation and justification, the acceptance of third-party briefs, and a flirtation with proportionality balancing. Part IV focuses on the first wave of awards rendered by ICSID tribunals pursuant to Argentina's response to the crushing economic crisis of 2000-02, wherein proportionality emerged, adapted from the jurisprudence of the Appellate Body of the World Trade Organization. (shrink)

In Pacificare Health Systems, Inc. v. Jefrey Book, the US. Supreme Court ruled that the mandatory arbitration clause in an HMO contract should be enforced to compel a physician to arbitrate his RICO charges against the health plan, even though the clause could be construed to limit the arbitrator’s authority to award full damages under the RICO statute. The ruling could prevent physicians with health plan arbitration agreements from taking future reimbursement claims against insurance companies directly to court, (...) even when the allegations involve a potential statutory breach outside of the explicit scope of the provider contract.Dr. Book’s arbitration claim was part of a larger class action lawsuit filed in August of 2000 by a group of physicians and patients seeking reimbursement from eight managed care companies for unpaid health insurance claims. (shrink)

This article describes the emergence of a new category of actors in the social arbitration field, namely third-party financiers, with a focus on the possible ethical implications for investment arbitration proceedings. Third-party financiers are actors-service providers specialized in the financing of procedures in which they are associated with the result and the redemption of arbitral awards which they ensure the execution. The emerging phenomenon of third-party financing in the social field of international arbitration raises various (...) class='Hi'>ethical concerns, which have not been regulated by the legal framework of most arbitral institutions. By exploring the various interactions between third-party funders and other actors in the social field of international arbitration, the article intends to highlight the ethical implications that the phenomenon of third-party funding may have on both the lawyer-client relationship and the independence and impartiality of arbitrators. It is argued that the introduction of the new phenomenon of third-party funding into the dispute may disrupt the arbitral process. Third-party funding is particularly likely to lead to situations of conflict of interest for arbitrators, which may affect the final award and exacerbate the crisis of legitimacy of the arbitral process. This article explores the various ethical concerns that it raises, and proposes some thoughts on the need for precise regulation of this emerging phenomenon in the contemporary arbitration panorama. It argues that, for ethics to prevail, disclosure of the identity of the third-party funder and the funding agreement should be encouraged in certain circumstances. This is the way to preserve the integrity of the proceedings and the impartiality and independence of the arbitrators. (shrink)

Si Dieu sait absolument toute chose à l'avance, en quoi consiste le libre arbitre des hommes? Quel est le sens d'une telle liberté si, en définitive, le choix de l'homme sera toujours et nécessairement celui prévu par Dieu? Et si l'on suppose que les décisions humaines sont imprévisibles, comment Dieu planifie-t-Il Sa providence? Telles sont les questions qui ont immanquablement hanté les esprits dès lors que fut posé l'un des paradoxes les plus déconcertants de la théologie monothéiste : la croyance (...) simultanée en l'omniscience divine et le libre arbitre humain. En filigrane, c'est la mystérieuse frontière qui départage le champ d'action divin et humain dans le devenir du monde qui est en question. Jamais encore entreprise, la présente enquête passe en revue les principales tentatives des penseurs juifs de lever la contradiction, depuis les auteurs bibliques jusqu'aux temps contemporains. Elle illustre le formidable foisonnement d'idées, la confrontation délicate entre raison et religion et le courage intellectuel exceptionnel qui a amené certains penseurs à bouleverser bien des idées préconçues. Elle révèle aussi combien les penseurs juifs étaient pénétrés des conceptions philosophiques de leur temps jusqu'à prendre en considération les réflexions des théologiens musulmans et chrétiens pour mieux définir leur conception du judaïsme. Enfin, à partir de cette étude historique et comparative, l'auteur montre quelles perspectives pertinentes et novatrices s'offrent à la théologie moderne pour définir le rapport de Dieu au monde. Sans rien céder sur la rigueur de l'analyse, l'ouvrage ne s'adresse pas qu'aux érudits. Les illustrations, le lexique des termes spécialisés, ainsi que les divers appendices explicatifs, fournissent au lecteur profane tous les outils indispensables à la lisibilité du texte. De la sorte, c'est à une véritable initiation à la philosophie juive, dont la richesse demeure encore insoupçonnée, qu'est convié le lecteur. (shrink)

Little attention has been paid to the role of strangers in the social division of labor that is otherwise a key concept in sociological theory. Partly drawing upon Simmel, this article develops a general framework for analyzing the "uses" of "the stranger" throughout history. Four major domains in which strangers have often been employed are identified: (1) circulation (of goods, money, and information); (2) arbitration; (3) management of secret/sacred domains; and (4) "dirty jobs." The article also explores how these (...) activities relate to the characteristics of stranger-relations. It is suggested that such an inquiry, in addition to helping us to understand how the presence of strangers in a society affects the processes of social differentiation, might equip us with a conceptual framework often lacking from purely political and ethical considerations of stranger-relations. (shrink)

A recent commentary argued for arbitration to resolve authorship disputes within academic research settings explaining that current mechanisms to resolve conflicts result in unclear outcomes and institutional power vested in senior investigators could compromise fairness. We argue here that arbitration is not a suitable means to resolve disputes among researchers in academia because it remains unclear who will assume the costs of arbitration, the rules of evidence do not apply to arbitration, and decisions are binding and (...) very difficult to appeal. Instead of arbitration, we advocate for peer-based approaches involving a peer review committee and research ethics consultation to help resolve authorship disagreements. We describe the composition of an institutional peer review committee to address authorship disputes. Both of these mechanisms are found, or can be formed, within academic institutions and offer several advantages to researchers who are likely to shy away from legalistic processes and gravitate towards those handled by their peers. Peer-based approaches are cheaper than arbitration and the experts involved have knowledge about academic publishing and the culture of research in the specific field. Decisions by knowledgeable and neutral experts could reduce bias, have greater authority, and could be appealed. Not only can peer-based approaches be leveraged to resolve authorship disagreements, but they may also enhance collegiality and promote a healthy team environment. (shrink)

In recent years, there has been an increase in the adoption of Shari’a in Europe and North America as an arbitration protocol for the resolution of potential contractual disputes. In a largely secular Western business environment, this reality raises corporate policy implications for business organizations. In particular, questions are raised about whether Shari’a is by nature too unpredictable—and too dismissive of women’s rights—to be properly and ethically permitted by Western companies as a possible dispute resolution alternative. This article examines (...) the dynamics and factors that are involved as corporate managers decide whether Shari’a arbitration ought to be banned entirely from contractual negotiations. Arguments for and against the inclusion of a Shari’a arbitration clauses in commercial contracts and contract negotiations are presented. The article concludes that while managers should exercise great prudence and consider the moral implications of negotiating arbitration clauses, an organizational ban of the use of faith-informed arbitration generally, or Shari’a in particular, would be neither morally required nor optimally serve the interests of the organization or its stakeholders. (shrink)

Recent arbitration and human rights boards of inquiry cases involving discrimination against pregnant employees are reviewed. A comparison is made between remedies available under each procedure. It is suggested that the human resource managers review their policies and procedures relevant to this issue to ensure that they do not have the effect or intent of discriminating against pregnant employees.

In lieu of an abstract, here is a brief excerpt of the content:Aristotle’s Nicomachean Ethics and Shakespeare’s Troilus and CressidaW. R. EltonIn Shakespeare’s Troilus and Cressida there occurs a particular pattern of parallels with Aristotle’s Nicomachean Ethics regarding ethical-legal questions surrounding an action: issues of the role of the voluntary or the involuntary, of volition and choice, of choice and virtue, and of virtue and habitual action. 1Aristotle’s EN was familiar to Elizabethan higher education and was reprinted in translation (...) in numerous editions, with commentaries, in the sixteenth century. 2 Twice Shakespeare alludes to Aristotle by name: first, recalling his ethics, in Taming of the Shrew (I.i.32)—cf. I.i.18–20 on [End Page 331]Virtue and that part of philosophy... that treats of happiness By virtue specially to be achiev’d,and second, in Troilus (II.ii.166–67) on Aristotle and “moral philosophy.” 3Opening EN, III, Aristotle distinguishes those actions that are “voluntary” from those that are “involuntary,” remarking the necessity to determine their limits. Such a course, he adds, is “useful also for legislators with a view to the assigning both of honours and of punishments” (1109 b 32–34). What Aristotle examines, in effect, is the procedure of determining culpability for an act. 4Under what circumstances and to what extent is one responsible for his action? In addition to the voluntary and the involuntary, there are such act-related dualisms as volition and choice, choice and virtue, and virtue and habitual practice. Such ethical-legal issues are appropriate to a play whose war-plot turns on an abductor’s culpability for an action and the subsequent issue of prescriptive possession—the Grecian claim to Helen against her Trojan possessors. 5The VoluntaryIn Troilus Aristotle’s voluntary-involuntary distinctions seem exemplified. 6 A passage (I.iii.354–56), previously glossed by the present writer, suggests a [End Page 332] parallel EN instance of the voluntary. 7 Aristotle defines the voluntary as “that of which the moving principle is in the agent himself “ (1111 a 23–24). In Troilus Nestor, recalling the agent’s responsibility for acts, explains:Limbes are in his instruments, In no lesse working, then are Swords and Bowes Directiue by the Limbes(I.iii.368–70).These lines occur in Troilus, Folio (1623), and are omitted, along with other relatively specialized lines, from Quarto (1609): 8 according to Aristotle, “the movement of the limbs instrumental to the action originates in the agent himself, and when this is so it is in a man’s own power to act or not to act.” 9 Where EN has “limbs... are the instruments,” F Troilus has “Limbes are in his instruments” (cf. Walker ed., I.iii.354).Limbs are instruments of the agent’s responsibility, as are the swords and bows employed by those limbs. Such a passage in Troilus on the responsibility and voluntariness of acts could have been recognizable to an academic (especially legal) audience and, as rehearsed by the ancient Nestor, might have drawn reminiscent response.The InvoluntaryIf Nestor (I.iii.354–56) had been voice of the voluntary, the combat-withdrawn Achilles is arbitrator of the involuntary. Responding to Thersites’ “I serve here voluntary,” Achilles adjudicates, “Your last service was sufferance, ‘twas not voluntary. No man is beaten voluntary. Ajax was here the voluntary, and you as under an impress” (II.i.94–97). Mocking Thersites’s “service,” including being beaten, Achilles argues this could not be “voluntary.” His “no man is beaten voluntary” echoes Aristotle’s own familiar terms, denying that a man can be wronged or injured voluntarily. In his commentary on EN John Case [End Page 333] gives the assurance that “No one voluntarily suffers injury..., no one voluntarily and maliciously harms himself: therefore no one willingly suffers injury.” 10In such instances as those above, Troilus (II.i.94–97) recalls basic legal procedure, including determination of the degree of responsibility for an action. What is the minimum requirement of the law before a man can be held accountable? “Those things... are thought involuntary,” says Aristotle, “which take place under compulsion... and that is compulsory of which the moving principle is outside, being a principle... (shrink)

Internal due process systems are the formal mechanisms thatmany organizations use to address and resolve ethics conflicts.Problematical due process systems such asinvestigation-punishment and grievance-arbitration systemsnarrowly constrain the political and moral space needed formeaningful ethics voice, praxis, and community. The relativelyuncommon employee board and mediator-counselor types of systemscan help solve such problems. The employee board andmediator-counselor systems permit questioning not only of guiltwith respect to policy violations but also the appropriateness ofthe policies as well as potential biases in an organization'sembedded (...) tradition-system that may be contributing to unethicalbehavior. Theoretical implications for organization ethics,praxis, community, and integrative social contracts theories areexplored. Several case examples are discussed. (shrink)

As scientists advance knowledge of the brain and develop technologies to measure, evaluate, and manipulate brain function, numerous questions arise for religious adherents. If neuroscientists can conclusively establish that there is a functional network between neural impulses and an individual’s capacity for moral evaluation of situations, this will naturally lead to questions about the relationship between such a network and constructions of moral value and ethical human behavior. For example, if cognitive neuroscience can show that there is a neurophysiological (...) basis for the moral appraisal of situations, it may be argued that the world’s religions, which have traditionally been the keepers and purveyors of ethical values, are rendered either spurious or irrelevant. The questions point up broader dilemmas in the interface between science and religion, and raise concerns about the ethics of neurological research and experimentation. Since human beings will still arbitrate what is “moral” or “ethical,” how can religious perspectives enrich the dialogue on neuroethical issues and how can neuroscience enrich dialogue on religion? Buddhist views on the nature of consciousness and methods of practice, especially meditation practice, may contribute to discussions on neuroscience and theories about the interrelationship between consciousness and ethical awareness by exploring the role that karma, intentionality, and compassion play in Buddhist understandings of the interrelationship between consciousness and ethics. (shrink)

Many aspects relating to the conduct of mediation are left to mediator choice, but mediators often lack adequate guidance on how their discretion ought to be exercised. In this book, Omer Shapira identifies the ethical norms that govern mediators' conduct. Adopting a professional ethics perspective on the basis of role-morality and applying it to a core definition of mediators' role, Shapira argues that all mediators are placed in ethical relationships with mediation parties, the mediation profession, the public, and (...) their employers or principals that produce ethical obligations. (shrink)

This is a guide for building specific ethics standards for the criminal intelligence service which can be used for in-house arbitration, facilitation or adjudication of ethics issues.

Are facts the only criteria that should determine an arbitrator's decision but are there other ethical criteria that ought to be used? Arbitrators are often faced with deciding issues like whether a person discharged already by a company for arson, should be reinstated or not to his old job. The problem, however, may not be the facts but that the company has discharged him to get rid of him so that it no longer has a problem while society does (...) with the arsonist at work elsewhere.Another problem involves the teaching of human resources management. Most of the current literature dealing with modern management reflects the belief that participatory management is good for management. Most of the evidence supporting such a claim is weak; there surely is very little evidence that such participation should include nonsupervisory employees. The discussion concerning the issue of participatory management could be raised if the participants stopped talking about the increased productivity that is supposed to result, but rather deal instead with the issue that such participation is a form of industrial democracy and therefore is good or bad depending upon a person's ethical judgments concerning such an issue. (shrink)

In this paper, we examine the legal case involving the Court of Arbitration of Sport, the Union of European Football Associations, and the Turkish team Eskişehirspor to analyze the leg...

The enforcement of the alkali acts by the chief inspectors Robert Angus Smith and Alfred Evans Fletcher indicates how scientific ideals of neutrality and impartiality were placed under strain by their state‐sanctioned role as arbitrators between environmental and industrial interests. Previously unused or unexploited sources reveal the precise ways in which they sought to resolve the conflicts between ‘muck and brass' intrinsic to environmental regulation and illustrate the value‐laden and discretionary implementation of scientific public policy. Through an analysis of the (...) ethical considerations and decision‐making strategies of the first chief alkali inspectors this study highlights the social negotiation of regulatory science and shows the extent to which the cultural values of actors can shape the implementation of technical policy. (shrink)

This paper questions the prevailing historical understanding that scientific racism "retreated" in the 1950s when anthropology adopted the concepts and methods of population genetics and race was recognized to be a social construct and replaced by the concept of population. More accurately, a "populational" concept of race was substituted for a "typological one"-this is demonstrated by looking at the work of Theodosius Dobzhansky circa 1950. The potential for contemporary research in human population genetics to contribute to racism needs to be (...) considered with respect to the ability of the typological-population distinction to arbitrate boundaries between racist society and nonracist, even anti-racist, science. I point out some ethical limits of "population thinking" in doing so. (shrink)

What part should description play in coming to judgment? Questions about genre have become more important in religious ethics as many seek to reform “thin” models of ethical arbitration by recourse to artistic, literary, and historical descriptions in their texts. In this book discussion, I explore what the consequences would be of pursuing this reform by turning to social anthropology—a discipline that relies on extensive empirical descriptions. I do this by considering the anthropology of ethics: a movement that (...) seeks, for the first time, to devote systematic and sustained attention the moral lives of ethnographic informants. I focus on the ways that authors within this field attempt to arrive at more realistic portraits of the different ways societies play out the familiar ethical themes of freedom, responsibility, suffering and agency. Their work challenges religious ethicists to consider what ethical conversation across these differences would look like, and thus to reconsider the relationship between description and judgment in their work. (shrink)

Sometimes, realizing an ethically desirable outcome X will generate disutility for some whose very cooperation is necessary to realizing X, either in the form of material or social costs, or the abnegation of some of their values or personal principles. How does one gain their assent? Seeing one's way through such cases may hinge on one’s ability to make plausible first-pass predictions of how others will react to one’s interventions with them. In other words, one should know not simply the (...) warrant of one’s reasons in favor of X, but also how such reasons will be received when issued forth in one’s voice and from one's person. I call this me-knowledge— knowing the ‘me’ as seen from the perspective of a particular other. Drawing on classical Chinese sources, I argue that such knowledge is crucial to enhance one's efficacy in the world. (shrink)

This article seeks to defend and develop a stakeholder pragmatism advanced in some of the work by Edward Freeman and colleagues. By positioning stakeholder pragmatism more in line with the democratic and ethical base in American pragmatism (as developed by William James, John Dewey and Richard Rorty), the article sets forth a fallibilistic stakeholder pragmatism that seeks to be more useful to companies by expanding the ways in which value is and can be created in a contingent world. A (...) dialogue between a defence company and peace and arbitration society is used to illustrate the main plot of this article. (shrink)

Principlism appears to be the prevailing applied ethical framework in bioethics. Despite the view’s various strengths, critics point out that since the principles are ad hoc, conflicts indubitably emerge leading to inconsistency. There is debate around whether principlism can provide definitive action-guiding moral prescriptions or only help structure intelligent analyses and justifications of moral choices. In this paper, I contend that applying concepts of moral symmetry and moral asymmetry allows us to modify one of principlism’s principles—the principle of beneficence—into (...) what I will call the principle of compassion. I argue that the principle of compassion can function as an arbitrating or primary principle within the principlist framework. The result is a view we might call compassionate principlism. Arguably, compassionate principlism leads to fewer inconsistencies and provides more acceptable action-guiding moral prescriptions than traditional principlism. (shrink)

In 2011 the IAAF introduced the Hyperandrogenism Regulations in an attempt to deal with a difficult problem; that of ensuring ‘fair’ competition in female athletics as a result of athletes with differences in sexual development competing against women without such conditions. In 2015, following a challenge to those regulations by Indian athlete, Dutee Chand, The Court of Arbitration for Sport (CAS) considered the merit of the regulations and determined that there was insufficient scientific evidence to justify their imposition. The (...) regulations were suspended by the CAS, until more convincing evidence could be provided (CAS 2014/A/3759 _Chand v AFI and IAAF_). The IAAF duly commissioned further research (Bermon and Garnier, 2017) and introduced amended regulations (the Eligibility Regulations for Female Classification (the DSD Regulations)). Although not universal, the IAAF has faced significant criticism from several angles about its approach to the problem. In particular, there has been criticism of the value of the scientific research on which the regulations are based (Franklin et al., 2018; Karkazis et al., 2012; Koh et al., 2018; Sőnksen et al., 2018; Tucker, 2017, Pielke, Tucker & Boye 2019) and also from those in the ethical and human rights fields seeking to ensure that the rights of individual athletes are protected (Adair, 2011; Buzuvis, 2016; Koh et al., 2018). In light of such criticism, this paper considers the IAAF’s approach in dealing with the perceived problem and considers its conduct against an objective framework of ‘good sporting governance’ (Geeraert, 2013; Henry and Lee 2004). It is this paper’s contention that the IAAF’s approach to rule creation in this area demonstrates less than ideal governance practice and, in doing so, notes the role of historical, cultural and institutional barriers as well as an over-reliance on insufficiently conclusive scientific evidence to provide a seemingly objective solution to a fundamentally more complex problem. (shrink)

This study examined influential factors of newspaper corporation social responsibility and evaluated corporate social responsibility using a newspaper corporate social responsibility index. Results of this study, which was conducted by survey, showed that arbitrative, essential, and cultural activities were influential factors comprised of newspaper corporate social responsibility. In addition, the findings indicated that higher corporate social responsibility index was not accompanied by Korean newspaper corporations with larger circulations.

Advances in science and technology have created a plethora of medical therapies in various forms including drugs, devices, and equipment. Many of these therapies are not curative, however, and patients sometimes find themselves being more burdened than benefited by them. These situations result in ethical dilemmas for which the bioethicist is sometimes consulted to resolve. Using philosophical principles of maximizing good, minimizing harm, being just, and respecting the values of others, the bioethicist counsels patients, families, and hospital personnel, sometimes (...) functioning as advocate, arbitrator, negotiator, mediator, and teacher. (shrink)

In `real' space, third partieshave always been useful to facilitatetransactions. With cyberspace opening up, it isto be expected that intermediation will alsodevelop in a virtual fashion. The articlefocuses upon new cyberroles for third partiesthat seem to announce themselves clearly.First, virtualization of the market place haspaved the way for `cybermediaries', who brokerbetween supply and demand of material andinformational goods. Secondly,cybercommunication has created newuncertainties concerning informational securityand privacy. Also, as in real space,transacting supposes some decency with one'spartners. These needs are being addressed (...) byTrusted Third Parties, anonymizers, escrowarrangements, facilitators and externalauditing. Virtual reputation trackingmechanisms are being developed as well.Finally, in order to resolve disputes,mediators and arbitrators have started offeringtheir services online. In the closing sectionthese emerging cyberroles are assessedcritically. It is argued in particular, thatboth cybermediaries and cyberjustice poseserious threats to privacy. Moreover, onlinedispute resolution, as it is practised now,neglects its duties of public accounting. (shrink)

This article aims to systematically deconstruct four distinct narratives derived from the case of Caster Semenya v. IAAF (Court of Arbitration for Sport).

Artificial intelligence is a general-purpose technology (GPT), term given to technologies that shape an entire era and reorient innovations by reconfiguring the economy’s logic and functioning and bringing in new business models. AI offers unprecedented opportunities and risks. The benefits of AI are extraordinary, as are its potential harms. Potential damage does not have the same degree of problematization, since the intensity and extent of the damage varies according to the domain and the object of application. To address the scale (...) of this challenge, regulation is necessary but not sufficient. Standards, unwritten codes of compliance and arbitration procedures, supervision and auditability, AI governance, international agreements, compliance with current local and global standards and laws. All of this needs to be integrated. Society seems to have no alternative to facing the challenges of at least mitigating the damage already identified and trying to predict future damage in advance. The purpose of this article is to encourage reflection regarding the main initiatives that are available to society to protect its citizens and organizations from the potential harm caused by AI models, vis-à-vis the technology’s own limits to act in ethical and legal compliance. (shrink)

It is a common complaint against moral philosophers that their abstract theorising bears little relation to the practical problems of everyday life. Professor Braithwaite believes that this criticism need not be inevitable. With the help of the Theory of Games he shows how arbitration is possible between two neighbours, a jazz trumpeter and a classical pianist, whose performances are a source of mutual discord. The solution of the problem in the lecture is geometrical, and is based on the formal (...) analogy between the logic of the situation and the geometry of a parabola. But an appendix provides the alternative algebraic treatment of a general two-person collaboration situation. (shrink)

In the past decade, scholars such as Samuel Freeman, Martin O’Neill, Alan Thomas and others have argued that no matter how widely Rawls’s theory of justice (TJ) was understood as a defence of the welfare state (WS), the socio-economic system Rawls defends and always defended is property-owing democracy (POD). In this article I present the argument that Rawls did not defend POD in TJ. However, while the claim that it was POD the socio-economic system implied by the principle of difference (...) generated heated reactions by defenders of the WS, the argument I raise differs from most of them. In the article I maintain that, for Rawls, principles of justice underdetermine the choice of social systems, and that although this is true of both principles, it is especially true of the difference principle, whose ability to arbitrate between different social and economic policies is limited. I show how the attempt to uniquely determine the set of social and economic policies authorized by the difference principle clashes with what Rawls explicitly states in TJ and contrasts with central aspects of his sociological and political conception of socio-economic decision-making. Although my aim is to show that the difference principle itself does not discriminate among socio-economic systems, this does not preclude that additional reasons can help in narrowing the range of socio-economic systems allowed. With reference to the ideal of social union that Rawls expounds in the third part of TJ, I argue that TJ does, in fact, offer additional reasons to appraise the WS as preferable to POD. I maintain that the centrality Rawls attributes to the social unity of a just society provides the basis for an understanding of Rawls’s position towards POD after TJ. (shrink)

This paper provides an interpretation of the licensing provisions envisaged under the Human Fertilisation and Embryology Act 1990 as a model for a rule and exemption-based procedural strategy for the adjudication of potential ethical controversies, and it offers an account of the liberal-democratic legitimacy of the procedure’s outcomes as well as of the legal procedure itself. Drawing on a novel articulation of the distinction between exceptions and exemptions, the paper argues that such a rule and exemption mechanism, while not (...) devoid of attractions, is not immune from the criticisms often levied against procedural approaches to the management of pluralism: it either has to fall back on substantive justification in ways that are not helpful when trying to arbitrate a moral controversy, or it appears justificatorily groundless. (shrink)

Saint Augustine is sometimes introduced as the first theologian-philosopher, a founder of the Western theologico-philosophical tradition, and a figure who unites two historical times—the Late Antiquity with the Middle Ages—and two different major schools—the Hellenistic philosophy with Christianity. Augustine lives and writes in the era of eudaimonism, teleology and virtue ethics, and he accomplishes, as we will see, a clear shift in the context of these doctrines. In this paper, we reconstruct Augustine’s philosophical approach to human psychology, looking at the (...) elements that bring together a philosophical anthropology, especially by focusing on human agency. Through an interpretative study of De libero arbitrio, we will address concepts such as the soul, freedom of choice, virtue, justice, faith and knowledge, seen as components of action, human freedom, intellect and the will. My main claim is that Augustinian thought and medieval philosophy generally can still offer arguments in practical philosophy as much as they can promote our understanding of moral agency. I intend to revive the interest both in this particular Augustinian work and in the forgotten concept of liberum arbitrium that is introduced and represents Augustine’s idea of a mediator, an arbitrator between reason and the will. (shrink)

Medical researchers must continue to develop and test non-blood oxygen-transport products. Resources provided by the Jehovah's Witness Hospital Assistance Line must be consulted. Sickle cell researchers must continue to test non-blood treatment. Information about non-blood treatments must be disbursed. Ways to enhance parental comport as the laws further and further support children's best interest must be provided. Information regarding cultural diversity must be disseminated. Hospitals and healthcare agencies that have not done so must institute the use of ethics consulting or (...) ethics committees. Nurse ethicists must continue development of the role of educating staff; mediation, arbitration and negotiation; problem solving; obtaining legal opinion; providing patient, family, or staff advocacy; and helping to reduce suffering on the part of the providers. Difficult ethical decisions should continue to be debated.Were the staff at X Med Center correct in overriding parental wishes and breaking tenets of their faith? In the doctor's, nurse's lawyer's, and judge's view they were. The child, now eight years old, is alive and well. The stroke resolved, and imminent death averted. The parents' and child's views are not presently available. Whether the family is suffering from the child's loss of his relationship with God, or are secretly relieved in their hearts that they are not, like Rita Swan, mourning their dead son, is unknown. What is known, is that this was a difficult case for all involved, and that such cases will continue to present themselves in the future. (shrink)