Skuteczna, aktywna polityka rynku pracy Andrzej Klimczuk In Adam Tomanek (ed.), Flexicurity W Wymiarze Regionalnym . Raport Z Badań. Izba Rzemieślnicza I Przedsiȩbiorczości W Białymstoku. pp. 100--121 (2011) .

Elastyczne i przewidywalne warunki umów .

A nexus of imperfect duty, defined as positive commitments that have practical limits, describes business behavior toward building affable and virtuous relations, maintaining reasoned social discourse, and performing the due diligence necessary for making knowledgeable business decisions. A theory of the development and extent of the limits of these imperfect managerial duties is presented here, a theory that in part explains the activities and personnel included under the firm’s umbrella. As a result, the nexus of imperfect duty is shown to (...) complement the perfect-duty-based nexus-of-contracts theory of the firm. The existence of flexible trade-offs involving these duties, trade-offs limited by contractual arrangements whether explicit or implicit, is shown to be one of the advantages of imperfect duty for developing business relations. (shrink)

Tracing graduates has become an imperative for higher education institutions much more during the pandemic. This tracer determined the employment and employability status of the 2019 BSE graduates and identified the competencies they adequately acquired and deemed vital for work. It used descriptive design, and data were collected from the 103 graduates through a google form with open and closed-ended questions administered between November and December 2020. Results revealed that most of the graduates had been employed in teaching and teaching-related (...) jobs but mostly in contractual arrangements within the first and second six months after graduation. Many had their first jobs with meager salaries from the private sector. Communication, pedagogy, information communication technology, time management, and flexibility were the top competencies they adequately acquired and were beneficial in work. The study concluded that these graduates had acquired 21st-century skills in their respective degree programs. These results have corresponding implications for future research in confirming the most employable skills in secondary teaching. As recommended, classroom instruction might emphasize the development of these skills. Eventually, these become the competitive advantage and employability capitals of future graduates. Administering the licensure examination and the release of its results can be done within the first three months after graduation to lessen the cost of waiting. (shrink)

Since 1990, the multinational public accounting firms have all adopted flexible work arrangement policies. In part, the firms are doing this to fulfill an ethical obligation in creating an appropriate professional environment for their employees. This study examines the effect of participation in a flexible work arrangement program on an individual''s professional success and anticipated turnover as perceived by the participant''s peers and superiors. Subjects from one Big Five accounting firm read a description of a manager and answered (...) a series of questions about the likelihood of the manager''s promotion to partner, voluntary and involuntary turnover, and desirability on a job. Gender and participation in a flexible work arrangement were manipulated in a 2×2 design. The results indicate that participation in a flexible work arrangement evoked significantly more pessimistic predictions on all of the dimensions. Gender did not have an effect on the likelihood ratings. Follow-up questions about the factors that enhance and hinder individuals career success in each work scenario indicated that the perceived ability to "juggle" and the ability to "pull one''s weight" potentially affects evaluations of what it takes to be a successful professional in the financial services environment. Implications for professional and ethics practice and research are also presented. (shrink)

Flexible work arrangements (FWAs) are widely offered in public accounting as a tool to retain valued professional staff. Previous research has shown that participants in FWAs are perceived to be less likely to succeed in their careers in public accounting than individuals in public accounting who do not participate in FWAs (Cohen and Single, 2001). Research has also documented an increasing backlash against family–friendly policies in the workplace as placing unfair burdens on individuals without children. Building directly on (...) a previous study in this journal (Cohen and Single, 2001), this study addresses the issue of whether the documented perceptions toward FWA participants are the result of electing to take part in the FWA or the result of bias against employees with children. The research questions are addressed in a 3 × 2 experimental setting in which we manipulate FWA participation, along with family status and gender of a hypothetical manager in a public accounting firm. Our findings indicate that FWA participants are viewed as less likely to advance and as less committed than individuals without children or individuals who had children but who were not taking part in a FWA. Male FWA participants are viewed as less likely to succeed than female FWA participants. This effect appears to arise from a perception that FWA participants are willing to make sacrifices in their careers to accommodate family needs and thus may not be as committed to making the sacrifices perceived as necessary to meet the rigorous demands of the public accounting environment. This raises the ethical question of what could be done to change the culture in public accounting to foster a substantive support system for individuals who want to balance a family and a career. (shrink)

Flexible work arrangements (FWAs) are widely offered in public accounting as a tool to retain valued professional staff. Previous research has shown that participants in FWAs are perceived to be less likely to succeed in their careers in public accounting than individuals in public accounting who do not participate in FWAs (Cohen and Single, 2001). Research has also documented an increasing backlash against family–friendly policies in the workplace as placing unfair burdens on individuals without children. Building directly on (...) a previous study in this journal (Cohen and Single, 2001), this study addresses the issue of whether the documented perceptions toward FWA participants are the result of electing to take part in the FWA or the result of bias against employees with children. The research questions are addressed in a 3 × 2 experimental setting in which we manipulate FWA participation, along with family status and gender of a hypothetical manager in a public accounting firm. Our findings indicate that FWA participants are viewed as less likely to advance and as less committed than individuals without children or individuals who had children but who were not taking part in a FWA. Male FWA participants are viewed as less likely to succeed than female FWA participants. This effect appears to arise from a perception that FWA participants are willing to make sacrifices in their careers to accommodate family needs and thus may not be as committed to making the sacrifices perceived as necessary to meet the rigorous demands of the public accounting environment. This raises the ethical question of what could be done to change the culture in public accounting to foster a substantive support system for individuals who want to balance a family and a career. (shrink)

The problems of introduction of flexible work arrangements into Lithuanian labour law are analysed in the paper. Since 1990-ies Lithuania started making huge changes in its economy moving from planned (Soviet) to modern market economy. Together with these changes the employment relationship started to change as well. But after 20 years of development we still see a lack of modern view towards flexible work arrangements in labour laws. The problems of introduction of flexibility into Lithuanian employment (...) relationship are discussed with the retrospective view and explanations of arising obstacles for implementation. Rulings of the Supreme Court of Republic of Lithuania are given to reveal problems existing in practice. Conclusions and suggestions for the improvement of legal provisions are presented. (shrink)

The COVID-19 pandemic has driven organizations to implement various flexible work arrangements. Due to a lack of longitudinal studies, there is currently no consensus in specialized literature regarding the consequences of flexible work arrangements on employee mental health, as well any long term potential impacts. Using the Job Demand-Resource Model, this study documents consequences of the implementation of two types of flexible work arrangement: work schedule flexibility and teleworking on employee mental health over time, and (...) the mediating role played by work overload during the accelerated implementation of flexible work arrangements in the course of the COVID-19 pandemic. Using a longitudinal design and probabilistic sampling, 209 workers participated in this study, twice answering a flexible work arrangement and mental health questionnaire during the pandemic. Findings of this moderated-mediation suggest that work schedule flexibility generates positive effects on mental health over time due to decreased work overload, but only for employees not working from home. These results offer theoretical and practical implications applicable to organizations considering implementation of flexible work arrangements, particularly with regard to how these flexible practices could support a balance between demand and resources, their impact on work overload, and employee mental health over time. (shrink)

We examine the role flexible working has for gender equality during the pandemic, focusing on arrangements that give workers control over when and where they work. We use a survey of dual-earning working parents in the United Kingdom during the peak of the first lockdown, namely, between mid-May and mid-June 2020. Results show that in most households in our survey, mothers were mainly responsible for housework and child care tasks both before and during the lockdown period, although this (...) proportion has slightly declined during the pandemic. In households where fathers worked from home during the pandemic, respondents were less likely to say that mothers were the ones solely or mostly responsible for housework and child care. Fathers who worked from home were more likely to say that they were doing more housework and child care during the lockdown period than they were before. Finally, we explore what we expect to happen in the postpandemic times in relation to flexible working and gender equality. The large expansion of flexible working we expect to happen may help reduce some of the gender inequalities that have exacerbated during the pandemic, but only if we reflect on and change our existing work cultures and gender norms. (shrink)

This article challenges popular wisdom that economic globalization uniformly increases working time in industrialized countries. International investment and trade, they argue, have uneven effects for workplace bargaining over standard hours and over work-time flexibility, such as use of temporary or fixed work contracts. The authors explain how such globalization will tend to more substantially decrease standard hours than it does work-time flexibility. And they explain how works councils and union-led collective bargaining alter the way globalization affects both aspects of working (...) time.The analysis of German enterprise data supports these expectations. Measures of globalization diminish standard working hours but yield more temporary work, fixed-contract work, and flexible working arrangements. Works councils and collective bargaining, however, mediate these effects in contrasting ways. Among enterprises without works councils or collective agreements globalization triggers more standard hours, but among firms with such representation globalization triggers fewer hours. With respect to flexibility, however, globalization increases use of temporary or fixed-term contracts more strongly where works councils or collective bargaining are present than when they are not. In short, economic openness has uneven consequences for working time, and firm-level labor representation channels those consequences in ways that highlight political agency in how people respond to globalization. (shrink)

While traditional seating (also known asfixed seatingorfixed classroom) remains the preferred classroom seating arrangement for teachers, a new type of seating arrangement is becoming more common in schools: the flexible classroom (also known asflexible seating). The purpose of this type of arrangement is to meet the needs of students by providing a wide variety of furniture and workspaces, to put students at the center of learning, and to allow them to make choices based on their preferences and the objectives (...) of the task at hand. This study aimed to examine the influence of flexible seating on the wellbeing and mental health of elementary school students. This article presents the results of exploratory research conducted in Quebec among Grade 5 and 6 students comparing the wellbeing and mental health of students in fixed and flexible classrooms. The study was conducted with 107 students in three Grade 5 and 6 flexible classrooms (n = 51) and three Grade 5 and 6 fixed classrooms (n = 56). It is based on a quasi-experimental, quantitative design with post-test only and a control group. The groups were matched based on natural conditions (i.e., from a convenience sample). Furthermore, the study included a gender-differentiated analysis for each group. The results showed that flexible classroom seating had a positive influence on the girls’ wellbeing and mental health. In contrast, for the boys, fixed classroom seating was most conducive to their wellbeing and mental health. However, our study has some limitations that are discussed in the article. (shrink)

This paper explores new working time arrangements around a critique of the ‘commodification of time’ to illuminate the contradictions of such new flexibilities. Two features of these new arrangements are seen as relevant for evaluating the Marx/Engels analysis. Firstly, it roots the examination of time in commodification, although, as criticised in this paper, some authors have seen this as the generality of time rather than that within the exchange of labour power. Significantly — and central in all working (...) time arrangements — it is labour power that is sold, be it for a particular period of time, rather than the time itself. Hence, working time arrangements set boundaries against ‘free’ time or time in which labour power is not sold as a commodity, that ‘free’ time which was recognised in the traditional arrangements — fought over in early industrialism — which set premium payments against anti-social hours within ‘overtime’. New working time arrangements tend to blur the boundaries between ‘free’ and ‘working’ time, assuming an availability of labour power to capital. While much of the promotion of flexibility stresses the possibility of making adjustment to suit social and domestic requirements it is more usually the means for altering working time to meet the demands of capital. The much-vaunted case of Volkswagen has led to ‘working time accounts’ becoming the established temporal arrangement within the German car industry and increasingly becoming the norm for other European auto producers. The name given to these new working arrangements within the motor industry suggests that time has indeed become further commodified. For workers within these new time regimes, the hours owed to their employer is displayed along with their earnings — and deductions — on their wage slip. (shrink)

Awareness of the morally significant distinction between research and innovative therapy reveals serious gaps in the legal provision for compensation in the UK for injured subjects of medical research. Major problems are limitations inherent in negligence actions and a culture that emphasises indemnifying researchers before compensating victims. Medical research morally requires compensation on a no-fault basis even where there is proper consent on the part of the research subject. In particular, for drug research, there is insufficient provision in the current (...) patient guidelines of the Association of the British Pharmaceutical Industry, since they make "no legal commitment" to paying compensation for injury to patient subjects. There is a need for the provision of both adequate insurance and contractual arrangements for making payments. The solution is for Local Research Ethics Committees (LRECs) to make use of their power to withhold approval of medical research where compensation is not legally enforceable. (shrink)

In a number of recent articles, the debate on the ethics of fractional reserve “free” banking has been extended to loan maturity mismatching, specifically the banking practice of borrowing short and lending long. Barnett and Block :711–716, 2009; 2010) claim the practice is illicit, because like fractional reserve banking it creates duplicate property titles. They argue there is a continuum in the time dimension between the two kinds of activities. Bagus and Howden :399–406, 2009; 106:295–300, 2012a; Eur J Law Econ, (...) 2012b; Bus Ethics 22:235–245, 2013) maintain that loan maturity mismatching does not create duplicate titles and is not illicit, and that from an economic and legal perspective there is no continuum with fractional reserve banking. Cachanosky and Evans enter the debate from the free-banking standpoint and view both practices as legitimate. In this paper, I agree with the conclusions of Bagus and Howden, but adopt a different approach to support this position. Using the title-transfer theory of contract, I demonstrate from first principles why loan maturity mismatching does not create duplicate property titles and is a legitimate practice. Employing this same theory, I then present a novel argument to show why the contractual arrangements found in fractional reserve banking are logically contradictory and illegitimate. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 3, Page 386-415, March 2022. In light of a growing body of scholarship that has cast doubt on the analytic import of spontaneous order, the purpose of my article is to rethink the intellectual relationship between Edmund Burke and Friedrich Hayek by suggesting that reading spontaneous order into Burke’s thought introduces greater tensions between the two thinkers than prior scholars have suggested. One crucial tension, I suggest, is that Hayek believed that contractual (...) arrangements, competitive markets and the rule of law could sustain the growth of social order, while Burke maintained that particular social institutions and practices should remain protected from the full power of voluntary contracts and exchange relations. I conclude by suggesting that the tensions between Hayek and Burke could serve as complementary instruments, rather than as foes, in strengthening the liberal project in modernity. (shrink)

Some transplant centers are making use of a four‐person organ exchange to encourage live donor kidney transplantation. Although no money changes hands, it is a quasi‐contractual arrangement and a step toward for‐profit transactions, and it threatens to undermine the organ donor system.

Some commentators maintain that gestational surrogates are not ‘mothers’ in a way capable of grounding a claim to motherhood. These commentators find that the practices that constitute motherhood do not extend to gestational surrogates. We argue that gestational surrogates should be construed as mothers of the children they bear, even if they fully intend to surrender those children at birth to the care of others. These women stand in a certain relationship to the expected children: they live in changed moral (...) circumstances by reason of their pregnancy, and they engage in the practices said to define motherhood in the post‐birth context. By contrast, ovum donors and embryo donors are not similarly ‘mothers’ because they do not find themselves involved in these circumstances. Not all women involved in three‐parent in vitro fertilization qualify as mothers either. Given this analysis of mothering, we note that transmen who gestate children are engaged in mothering activity even if they otherwise function as a father to those children. By itself, this defence of the maternity of gestational surrogates does not confer moral title to the children they bear; gestation would not by itself override the contractual arrangements gestational surrogates have made regarding the disposition of their children. This interpretation of gestational surrogates as mothers does, however, undercut cultural understandings of these women as mere ‘vessels’, devoid of entitlement to respect as persons and parents. We also consider the meaning of mothering for ‘brain‐dead’ women kept alive to give birth and for the prospect of extracorporeal gestation. (shrink)

The construction industry consistently ranks amongst the highest contributors to global gross domestic product, as well as, amongst the most corrupt. Corruption therefore inflicts significant risk on construction activities, and overall economic development. These facts are widely known, but the various sources and nature of corruption risks endemic to the Iranian construction industry, along with the degree to which such risks manifest, and the strength of their impact, remain undescribed. To address the gap, a mixed methods approach is used; with (...) a questionnaire, 103 responses were received, and these were followed up with semi-structured interviews. Results were processed using social network analysis. Four major corruption risks were identified: procedural violations in awarding contracts, misuse of contractual arrangements, neglect of project management principles, and, irrational decision making. While corruption risks in Iran align with those found in other countries, with funds being misappropriated for financial gain, Iran also shows a strong inclination to champion projects that serve the government’s political agenda. Root cause identification of corruption risks, namely, the noticeable impact of authoritarianism on project selection in Iran, over criterion of economic benefit or social good, is a significant outcome of this study. (shrink)

Many theorists have recently observed that the response to the same-sex marriage controversy most congruent with basic liberal principles is neither the retention of the institution of marriage in its present form, nor its extension so as to include same-sex unions along with heterosexual ones, but rather the ‘dis-establishment’ of marriage. Less commonly observed, however, is the fact that there are two competing models for how the state might effect a regime of disestablished marriage. On the one hand, there is (...) a ‘deflationary’ approach, on which the state ceases to confer marital status, but does remain in the status-conferring business. On this approach, the state would still bestow a certain ‘thinner’, more ‘neutral’ legal status – as it does when it creates civil unions, for instance. Call this the ‘Status Model’ of disestablished marriage. On the other hand, there is an ‘eliminativist’ approach, on which the state ceases to confer any sort of status at all – not even the thin or neutral status of ‘civilly-unioned’. There simply are no registered domestic partnerships. What there is, is contract law, and individuals entering into contracts for life-partnership – contractual arrangements which might assume any of a wide variety of forms. Call this the ‘Contract Model’ of disestablished marriage. In this paper, I explore the merits of these competing models. After briefly discussing what it means to speak of ‘disestablishing marriage’, and examining the case for disestablishment, I proceed to consider the advantages and disadvantages of each model. My tentative conclusion is that the Contract Model is the one that best instantiates cardinal liberal virtues. (shrink)

Money markets are at the heart of financialized capitalism, as those markets that provide the funding liquidity needed for credit creation and leveraged trading. How have these markets evolved, grown, and become critical for larger financial flows? To answer this question, I distinguish an early period of financial globalization marked by regulatory arbitrage, offshoring, deregulation, and informal trading practices from a period of regime-consolidation marked by formal institutionalization. Concentrating on repo markets as the key funding sources for market-based banking, I (...) demonstrate that new institutional arrangements for these markets were initiated by private sector associations, but supported and authorized by public authorities. Bond trader groups codified new contractual arrangements and these were validated via reforms of bankruptcy codes and changes in central banks’ policy frameworks in the United States and European Union. Through these modifications and re-articulations in institutional conditions, transactions and large exposures on money markets became routine affairs—for shadow banking actors like money market funds as well as for commercial banks. The article concludes by discussing the continuity of regime-consolidation efforts after the transatlantic financial crisis and hypothesizes that they reveal “neo-patrimonial” features. (shrink)

Philosophical writing on probability theory includes a great many articles discussing relationships between rational behavior and an agent’s susceptibility to betting contexts where an overall loss is mathematically inevitable. What the dutch book theorem establishes is that this kind of susceptibility is a consequence of having betting ratios that are in violation of the Kolmogorov probability axioms. In this article it is noted that a general result to rule out arbitrage can be shown to yield the dutch book theorem as (...) a special case. A formal framework is set forth to handle marketplace transactions involving contractual arrangements; and, within that framework, necessary and sufficient conditions are given for ruling out arbitrage. It is then shown that these conditions entail that pricing functions associated with particular kinds of betting contracts must turn out to be probability functions. (shrink)

This paper traces the recent debate over the legitimacy of maturity mismatching and fractional reserve banking. It shows that there is common ground between Bagus and Howden :399–406, 2009, 106:295–300, 2012) on the one hand and Evans on the other regarding contractual arrangements that lead to fractional reserve banking, while both agree that fractional reserve banking that arises out of a bailment or storage contract constitutes fraud. Block and Barnett :711–716, 2009, 100:229–238, 2011) stress the illegitimacy of fractional (...) reserve banking for creating more money substitutes than there is actual money. While it is true that fractional reserve banks are capable of creating money, this activity still cannot be regarded as fraudulent using a common law definition of fraud for it can only take place with requisite client collaboration that makes it impossible to identify a victim. (shrink)

"The cases are presented in a concise and interesting manner... highlights the emerging consciousness of the importance of the contractual arrangement between physician and patient... " --Journal of the American Medical Association "The cases presented are interesting ones, and the commentaries are uniformly lucid.... Highly recommended... " --Religious Studies Review "Cohen contributes a well-selected collection of cases and commentaries which are presented in a crisp style... it is likely to have a real impact." --Ethics Twenty-six reports based on actual (...) cases with expert commentary that illuminate the ethical, medical, legal, and psychological contours of dilemmas surrounding termination of treatment decisions. Cases involve patients, families, physicians, nurses, lawyers, and health care administrators. A companion volume to the Hastings Center's Guidelines. See Guidelines for ad quotes when advertising both books. (shrink)

Avatar is a high‐styled entertainment, a nature narrative, an environmental allegory, a reflection on religion and spirituality, a global warning, a love story, and more. It illustrates two different views of individualism and communitarianism. Contracts and investments are important catalysts for the action of avatar. The avatar program also owes its existence on pandora to what comes down to a contractual arrangement with the RDA. It offers a cautionary tale to remind that a selfish individualist ethics can blind the (...) importance of other people, of communities, and of the living world of which are a part, even to the point of threatening their very survival. The avatar also reminds that the moral community need not be restricted to a single race or even to a single species. (shrink)

ABSTRACT:This article outlines the policy context for teachers’ learning and continuing professional development in Scotland and considers this in relation to the perspectives of key informants gained through interview. The analysis draws on a triple-lens conceptual framework and points to some interesting contradictions between the policy text and the expressed aspirations of the interviewees. Current policy and the associated structural arrangements are viewed as broadly positive, but interviewees express concerns that an unintended emphasis on contractual arrangements might (...) inhibit the more transformative elements of professional learning. (shrink)

Due to the Covid-19 pandemic, employees from around the world were compelled to work remotely from home and, in many cases, without much preparation. A substantial body of international research has been conducted on the experiences and attitudes of remote workers as well as the implications of this phenomenon for organisations. While New Zealand research evidence is growing, most existing inquiry is qualitative. This paper provides a quantitative snapshot of remote working using survey data from participants whose jobs can be (...) done from home (n=415). Data collection took place when the country was facing Covid-related measures. -/- Based on descriptive and inferential statistics, it was found that, not only was remote working common, but that hybrid working arrangements were also more prevalent. While half of the participants wanted to work from home more frequently, age, but not gender, was significantly associated with this preference. Another relevant finding is that perceived change in the workplace culture due to flexible work arrangements was significantly associated with preference for working remotely more often. Finally, the most common perceived barriers to working from home were slow internet speed, the need to attend face-to-face meetings, and limited space at home to work. The implications of the results are discussed and some directions for future research are proposed. (shrink)

In this paper, we explore a popular flexible work arrangement, home-based telework, in the Indian IT industry. We show how IT managers used the dominant meanings of telework to portray telework as an employee benefit that outweighed the attendant cost—intensified work. While using their discretion to grant telework, the managers drew on this portrayal to orchestrate a negotiated exchange with their subordinates. Consequently, the employees consented to accomplish the intensified work at home in exchange of telework despite their opposition (...) to the intensified work in the office. Thus, whereas the extant studies consider work intensification as an unanticipated outcome of using FWAs, we show how firms may use FWAs strategically to get office-based intensified work accomplished at home. While the dominant argument is that employees reciprocate the opportunity to telework with intensified work, we show a discursively orchestrated negotiation that favors management. A corrective policy measure is to frame telework as an employee right. (shrink)

The economic shutdown and national lockdown following the outbreak of COVID-19 have increased demand for unpaid work at home, particularly among families with children, and reduced demand for paid work. Concurrently, the share of the workforce that has relocated its workplace to home has also increased. In this article, we examine the consequences of these processes for the allocation of time among paid work, housework, and care work for men and women in Israel. Using data on 2,027 Israeli adults whom (...) we followed since the first week of March, we focus on the effect of the second lockdown in Israel on the gender division of both paid and unpaid work. We find that as demand for housework caused by the lockdown increases, women—especially with children—increase their housework much more than men do, particularly when they work from home. The consequences of work from home and other flexible work arrangements for gender inequality within the family are discussed. (shrink)

The concept of work–family balance was introduced in the 1970s in the United Kingdom based on a work–leisure dichotomy, which was invented in the mid-1800s. It is usually related to the act of balancing of inter-role pressures between the work and family domains that leads to role conflict. The conflict is driven by the organizations’ views of the “ideal worker” as well as gender disparities and stereotypes that ignore or discount the time spent in the unpaid work of family and (...) community. Solutions for balance include legislation, flexible workplace arrangements, and the market care services. (shrink)

In 2004, the U.K. parliament passed the Civil Partnership Act which provides a scheme to enable same-sex couples to obtain formal recognition of their relationships through the registration of a civil partnership. When the Civil Partnership Bill was making its way through parliament, attempts were made in the House of Lords to derail the Bill through amendments seeking to extend the Bill to certain familial relationships of care and support. In order to counter these attempts and to facilitate the removal (...) of the amendments, the government gave the assurance that the matter of the economically vulnerable cohabitant would be referred back to the Law Commission for England and Wales for review. Consequently, in July 2005, the Law Commission commenced its project on cohabitation. This paper seeks to examine models of reform (such as the one proposed by the Law Society of England and Wales in its 2002 Cohabitation report) as well as those introduced in other Commonwealth countries. The aim is to identify some of the crucial questions that the Law Commission will need to give careful consideration to if they are to make recommendations that will provide a more radical approach to this area of the law, rather than adopt the more conservative approach of including cohabitation in ‘piggy back’ mode on the marriage model. (shrink)

Lawyers in many jurisdictions are ageing, and yet there is little information concerning the age profile of the legal profession. This paper presents the first consideration of the age profile of lawyers outside of the US, showing that Australian lawyers are ageing and delaying retirement. These findings have serious implications. Problems associated with a growing proportion of older lawyers include an increasing risk of lawyers suffering from age-related cognitive and physical impairment, and the related rise of complaints and malpractice claims (...) against older lawyers. It is also clear that the Australian legal profession is unprepared to address these problems. The legal profession has ignored important gender-specific implications of ageing, such as female lawyers experiencing menopause and the lower savings of female lawyers moving into retirement. Regulatory regimes have not considered the impact of the profession's ageing profile, and there is no mandatory reporting of lawyers suffering from age-related impairment or provisions should a lawyer die. The profession also has not provided strategies to positively transition lawyers into retirement, and there is a lack of flexible working arrangements and succession planning, especially in firms located outside urban centres. (shrink)

This paper analyzes perceptions of responsible leadership in eight Asia-based firms during the first year of the COVID-19 pandemic. The focal firms were a mixture of multinational corporations (MNCs), large-sized enterprises, and small and medium enterprises (SMEs). In all eight focal firms, we found that the responsible decision-making of leaders during the pandemic was perceived to be guided by five main moral principles. These comprised equity-based justice for employees, meeting employees’ basic needs, ethics of care for employees, concern for non-employee (...) stakeholders, and interactional justice for employees. We developed a conceptual map of how these principles related to aspects of four ethics-oriented leadership theories. Our analysis also identified four types of responsible leadership policies and practices. These comprised prioritizing the health and safety of stakeholders, flexible work arrangements, meeting employees’ and customers’ special needs, and financial and psychological support for employees. (shrink)

Human flourishing is a desired outcome for building humanistic workplaces. In this context, flourishing is taken as a whole, an end, and not examined in its distinct causes or components. Surprisingly, many strategies to promote well-being do not include confronting suffering as a comprehensive human experience that can threaten flourishing if not well-oriented. Yet human suffering is ubiquitous, inescapable, and affects relations with the self, the world, and others. Suffering needs to be confronted not only in its distinct forms and (...) causes but also as an experience that encompasses the whole person and threatens human functioning i.e. rationality, free choice, and emotional stability. In the context of the modern work environments and the changes post-COVID-19, there are new difficulties with economic recovery, challenges with flexible work arrangements, and evolving employee-employer trust issues. These changes exist alongside the usual work and life challenges that result from dramatic or everyday events. An agent-based approach where individuals are empowered to recognize, accept, and proactively address suffering is needed. Cultivating cardinal virtues such as prudence, temperance, justice, and fortitude alongside intellectual virtues like epistemic courage, intellectual humility, open-mindedness, and intellectual perseverance will equip individuals to make wise decisions regarding their suffering and that of others. By integrating a virtue-ethic framework that addresses personal suffering through individual character growth and organizational policies, we can pave the way for more humanistic workplaces and promote human flourishing. (shrink)

In the context of change to the “new modernity” described in Beck’s work, companies develop management modes and methods that focus more and more on individuals. Constitutive of the individualization process, human resources practices have become ambivalent as the process itself. This contribution examines how a managerial and organizational innovation as telework contributes to the process of individualization, and the paradoxes it addresses to management. At the interface of the social and the technical, teleworking appears as a flexible arrangement, (...) meeting employees’ and employer’s demands – which is a characteristic of the process of individualization – by simultaneously fragmenting collectivity, exposing individuals to social risk, and producing exclusion. The authors focus on two consecutive paradoxes of such individualized managerial practices: the individual–collective dilemma and the autonomy–control paradox. Finally, the paper reveals HRM as a new institution of individualization in a world where regulation functions are more and more transferred to individuals themselves. (shrink)

As working arrangements become more flexible and many people work remotely, the risk of social isolation rises. Coworking spaces try to prevent this by offering not only a workplace, but also a community. Adopting a person-environment fit perspective, we examined how the congruence between workers' needs and supplies by coworking spaces relate to job satisfaction and intent to leave. We identified five needs (i.e., community, collaboration, amenities, location, and cost), of which community was expected to be the central (...) need. An online questionnaire was distributed among coworkers in Germany and Austria, resulting in a sample of 181 coworkers. Results showed that needs-supplies fit regarding community was related to job satisfaction and intent to leave in coworking spaces. Findings for the other needs, however, did not show that congruence is associated with outcomes. Overall, the findings highlight the importance of community fit in coworking and offer insights for workers and entrepreneurs in this area. (shrink)

_The traditional landscape of employment, once structured around full-time positions with defined benefits, is experiencing a seismic shift. The gig economy, a burgeoning ecosystem of flexible, on-demand work arrangements, has emerged as a powerful force, reshaping labor markets and blurring the lines between employee and independent contractor. This article delves into the intricate labyrinth of the gig economy, analyzing its multifaceted impacts on workers, businesses, and policymakers. By navigating this labyrinth of potential benefits, challenges, and ethical considerations, we (...) can illuminate the pathways towards harnessing the gig economy's potential while mitigating its risks and ensuring fair and equitable outcomes for all participants._. (shrink)

This paper considers what realist social theory can add to existing knowledge about black and minority ethnic entrepreneurs and outlines a methodology for exploring the role of the BME entrepreneur. For this group, embodied signifiers such as skills and abilities, cultural characteristics, social norms, and value systems combine with structural antecedents, such as financial, contractual, professional, and other national and regional institutional arrangements to create impediments on the progression of BME enterprises. Understanding such complex social arrangements presents (...) significant ontological and methodological challenges. We argue that previous research has failed to capture the richness of the forms of agency BME entrepreneurs display and that, as a consequence, RST has much to offer this debate. The paper ends with a discussion of the methodological implications of analysing BME entrepreneurs in terms of their social agency. (shrink)

This article recalls the fact that until the mid-19th century neither company legislation, nor jurists, nor economists, envisioned companies to be private or small. Nevertheless, once freedom of incorporation and general limited liability were enacted, a new practice was set in motion in Britain. Smaller companies were formed in growing numbers, replacing partnerships, family firms and even sole proprietorships. They operated in sectors in which corporations had not been found before. These companies did not seek access to the stock markets. (...) The article tracks the take-up pattern and changing characteristics of the corporate form in Britain between the enactment of free incorporation and general limited liability (1844–62) and the formal legal recognition of the private company (1907). It shows the dramatic increase in annual incorporation and the parallel decrease in the average capital and average number of shareholders in newly formed companies. The article then analyses the reasons for the decision of businesspersons to incorporate their small firms. The main motivations were the possibility to create asset partitioning between personal and business assets and the ability to use the floating charge. Finally, the article examines the legal reaction to the bottom up emergence of the private company. It examines the reactions of the courts (in the famous Salomon v Salomon case) and of the legislature to this unpredicted practice. It argues that incorporators and their lawyers used the available contractual flexibility to privately design Articles of Association and to adjust them to the specific needs of private and small companies, often by introducing partnership internal governance rules into company Articles. The present study relies on newly gathered data on the take-up of the company form and a newly produced sample of company files collected at Companies House and the National Archives. (shrink)

This paper aims at investigating the dynamic characteristics of a microring driven by dual arch electrodes because they are basic elements of microelectrostatic motors. The dual arch electrodes surround the periphery of the microring and are arranged symmetrically to the center of the ring. The electrodes are fixed while the microring is flexible. The electrostatic force will deform the microring, while the deflection of the microring changes the gap between the microring and the electrodes, thereby changing the electrostatic force. (...) Therefore, this is an electromechanical coupling effect. The nonlinear partial-differential equation that governs the motion of the microring is derived based on thin shell theory. Then, based on the assumption of small deflection, the nonlinear governing equation is linearized by truncating the higher-order terms of the Taylor series expansion of the nonlinear electrostatic force. After that, the linearized governing equation is discretized into a set of ordinary differential equations using Galerkin method in which the mode shape functions of the ring are adopted. The influences of the structural damping of the microring and the span of the arch electrodes on the forced response and dynamical stabilities of the microring are investigated. The results show that the damping ratio has a great influence on the system instability during high-frequency excitation. The unstable region of the system can increase with the increase of the electrode span; the response amplitude can also be increased within a certain range. (shrink)

This paper, which is based on an extensive analysis of the literature, gives a brief overview of the main ways in which solidarity has been employed in bioethical writings in the last two decades. As the vagueness of the term has been one of the main targets of critique, we propose a new approach to defining solidarity, identifying it primarily as a practice enacted at the interpersonal, communal, and contractual/legal levels. Our three-tier model of solidarity can also help to (...) explain the way in which crises of solidarity can occur, notably when formal solidaristic arrangements continue to exist despite ‘lower tiers’ of solidarity practices at inter-personal and communal levels having ‘broken away’. We hope that this contribution to the growing debate on the potential for the value of solidarity to help tackle issues in bioethics and beyond, will stimulate further discussion involving both conceptual and empirically informed perspectives. (shrink)

This essay will focus on the moral issues relating to surrogacy in the global context, and will critique the liberal arguments that have been offered in support of it. Liberal arguments hold sway concerning reproductive arrangements made between commissioning couples from wealthy nations and the surrogates from socioeconomically weak backgrounds that they hire to do their reproductive labor. My argument in this paper is motivated by a concern for controlling harms by putting the practice of globalized commercial surrogacy into (...) the context of care ethics. As I will argue, the unstable situations into which children of global surrogacy arrangements are born is symbolic of the crisis of care that the practice raises. Using the Baby Manji case as my touch point, I will suggest that liberalism cannot address the harms experienced by Manji and children like her who are created through the global practice of assisted reproductive technology. I will argue that, if commissioning couples consider their proposed surrogacy contracts from a care ethics point of view, they will begin to think relationally about their actions, considering the practice from an ethical lens, not just an economic or contractual one. (shrink)

The purpose is to stage a dialogue between a pre-liberal conception of justice, represented by Aristotle as revived with the help of ideas of Lucas, Jouvenel and G. A. Cohen, and a liberal conception, as founded in Kant and refurbished, renewed and worked out in A Theory of Justice by John Rawls. Among the questions at issue are the roles of habit, disposition and formation; the nature of the dependency between the justice of the citizen of a polity and the (...) justice of the constitutional arrangements of the polity; the superior prospects of a piecemeal, bottom-up approach to justice or of a top-down, contractual approach; the remedial/restorative conception of justice versus more than merely remedial/restorative conceptions; tolerance of contingency; the propensity of liberal regimes to replace by managerial procedures more and more of the arrangements that previously entrusted important matters to the practical judgement of individuals; the multiplicity and diversity of the neo-Aristotelian requisites for a good polity versus the rather simpler demands of liberalism, which relate mostly to legitimacy; the idea of equality proper to a just and good polity; the closed, open enough, or completely open character of such a polity. (shrink)

This essay investigates a strand of left-republicanism that emerged in France in the late nineteenth and early twentieth centuries. The solidarists developed a distinctive theory of social property and a thorough critique of the liberal, republican, and socialist alternatives. Solidarism rests on the claim that the modern division of labor creates a social product that does not naturally belong to the individuals who control it as their private property; property, therefore, should be conceived as “common wealth,” divided into individual and (...) public shares. When the wealthy appropriate a disproportionate share, they have a quasi-contractual debt to society that they are obliged to repay. The concepts of social debt, common-wealth, reparations, and rent (“unearned increment”) played an important role in legitimizing egalitarian policies, but they have been largely forgotten today. This article resuscitates the theoretical arguments introduced by the solidarists and explains their relevance for contemporary debates about alternative economic arrangements. (shrink)

Safety-critical systems manufacturers have the duty of care, i.e., they should take correct steps while performing acts that could foreseeably harm others. Commonly, industry standards prescribe reasonable steps in their process requirements, which regulatory bodies trust. Manufacturers perform careful documentation of compliance with each requirement to show that they act under acceptable criteria. To facilitate this task, a safety-centered planning-time framework, called ACCEPT, has been proposed. Based on compliance-by-design, ACCEPT capabilities permit to design Compliance-aware Engineering Process Plans, which are able (...) to show the planning-time allocation of standard demands, i.e., if the elements set down by the standard requirements are present at given points in the engineering process plan. In this paper, we perform a case study to understand if the ACCEPT produced models could support the planning of space software engineering processes. Space software is safety and mission-critical, and it is often the result of industrial cooperation. Such cooperation is coordinated through compliance with relevant standards. In the European context, ECSS-E-ST-40C is the de-facto standard for space software production. The planning of processes in compliance with project-specific ECSS-E-ST-40C applicable requirements is mandatory during contractual agreements. Our analysis is based on qualitative criteria targeting the effort dictated by task demands required to create a CaEPP for software development with ACCEPT. Initial observations show that the effort required to model compliance and processes artifacts is significant. However, such an effort pays off in the long term since models are, to some extend, reusable and flexible. The coverage level of the models is also analyzed based on design decisions. In our opinion, such a level is adequate since it responds to the information needs required by the ECSS-E-ST-40C framework. (shrink)

Living organisms act as integrated wholes to maintain themselves. Individual actions can each be explained by characterizing the mechanisms that perform the activity. But these alone do not explain how various activities are coordinated and performed versatilely. We argue that this depends on a specific type of mechanism, a control mechanism. We develop an account of control by examining several extensively studied control mechanisms operative in the bacterium E. coli. On our analysis, what distinguishes a control mechanism from other mechanisms (...) is that it relies on measuring one or more variables, which results in setting constraints in the control mechanism that determine its action on flexible constraints in other mechanisms. In the most basic arrangement, the measurement process directly determines the action of the control mechanism, but in more complex arrangements signals mediate between measurements and effectors. This opens the possibility of multiple responses to the same measurement and responses based on multiple measurements. It also allows crosstalk, resulting in networks of control mechanisms. Such networks integrate the behaviors of the organism but also present a challenge in tailoring responses to particular measurements. We discuss how integrated activity can still result in differential, versatile, responses. (shrink)

Object perception deploys a suite of perceptual capacities that constrains attention, guides reidentification, subserves recognition, and anchors demonstrative thought. Objects for perception—perceptual objects—are the targets of such capacities. Characterizing perceptual objects for multisensory perception faces two puzzles. First is the diversity of objects across sensory modalities. Second is the unity of multisensory perceptual objects. This paper resolves the puzzles. Objects for perception are structured mereologically complex individuals. Perceptual objects are items that bear perceptible features and have perceptible parts arranged to (...) form a unified whole. This circumscribes the targets of object perception where neutral talk concerning intentional objects and objects of perception cannot. Nonetheless, it is more permissive than identifying perceptual objects with material bodies, which excludes too much and leans too heavily on vision. The account thus is tailored to capture the role of objects in perception beyond vision: tactual, auditory, and olfactory objects are individuals with differing structures. Its flexibility also enables the account to accommodate shared objects for multisensory perception: multisensory perceptual objects are mereologically complex individuals with hybrid structure. For instance, one can bimodally perceive a common whole with parts accessible to one but not both modalities. Each sense provides a partial perspective on a complex whole that is perceptible through the coordinated use of multiple senses. Understanding perceptual objects as structured mereologically complex individuals thus provides a theoretically useful notion of an object for multisensory perception that resolves the puzzles of diversity and of unity. (shrink)

Our world is complex—it is composed of many interacting parts—and this complexity poses a serious difficulty for theorists of social reform. On the one hand, we cannot merely work out ways of ameliorating immediate problems of injustice, because the solutions we generate may interact to set back the achievement of overall long-term justice. On the other, we cannot supplement such problem solving with theorizing about how to make progress towards a long-term goal of ideal justice, because the very interactions that (...) render problem solving unsatisfactory raise insurmountable epistemic difficulties for this latter approach. To accommodate complexity, we must therefore give up on ideal theory, and instead supplement problem solving with a new sort of theorizing that aims to work out how to make our institutional arrangements more progressive: more conducive to further improvements in general, though not necessarily to the achievement of any antecedently specified goal. More concretely, we must identify ways of improving our capacity to flexibly experiment with many promising solutions to problems as they arise, to select for those solutions that prove successful while eliminating those that do not, and to learn from both our successes and our inevitable failures. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Greek FriendshipDavid KonstanIn this paper I examine the nomenclature and conception of friendship among the ancient Greeks. More specifically, I challenge the current consensus that the classical Greek notion of friendship was wider or more inclusive than the modern. My focus will be on the significance of the terms philos (as noun) and philia, which do not, as is commonly assumed, denote the same range of relations. I shall (...) argue that philos in the classical period denotes something very like the modern sense of "friend," while philia refers to affectionate sentiments (not objective obligations) characteristic of a wide range of relationships, not excluding friendship proper. I examine evidence drawn primarily from Aristotle, Xenophon and the Greek orators in order to exhibit the uses of the nouns philos and philia, and look also at Sophocles' Antigone, since a number of recent interpretations of this play presuppose that kin are philoi and that philia represents the objective bond among them.In his recent book on Athenian finance, Paul Millett writes: "It is true that from the viewpoint of comparative sociology, to say nothing of our own experience, the all-inclusive quality of Greek friendship is anomalous."1 Millett cites the article on "Friendship" by Odd Ramsøy for the generalization that "most other important social relationships exclude friendship," which "tends to be incompatible with such relationships as those of mother and child, lovers, and employer and employee."2 Millett goes on to observe that Greek usage, as illustrated for example by Aristotle, admits of the term philos or "friend" in respect to "parents, brothers, benefactors, fellow-tribesmen and fellow-citizens," as well as to "husbands and wives, fellow-voyagers, comrades-in-arms, guest-friends, and cousins," and he adds that "perhaps the clearest illustration comes from the Memorabilia of Xenophon, plotting the extension of philia both inside and outside the family circle." [End Page 71]Millett expresses with exemplary clarity and a wealth of citations a point of view shared by virtually every scholar writing these days on Greek friendship. For example, Mary Whitlock Blundell, in her study of Sophoclean ethics, classifies Greek conceptions of friendship under three main heads or circles: the family, fellow-citizens, and "the third main group of philoi" that "approximates most closely to modern conceptions of a friend."3 Barry Strauss, in his history of fourth-century Athens, writes: "Friendship was of fundamental importance in Athenian society. Second only to parent-child and kinship ties in the intensity of its obligations, friendship is central to the thought of many ancient Greek writers."4 This seems to promise a distinction between kinship and friendship, but in the next sentence Strauss continues: "Philia, as the Greeks called it, is much broader in its meaning than the English 'friendship,'" and he goes on to quote with approval N. R. E. Fisher, who asserts: "Linguistically, the most general word for what belongs to a person, in his group or on his side, is philos (noun philia), which we usually translate 'friend,' but which, when applied to persons, systematically spans both kin and non-kin, those with whom one has links of mutual aid and benevolence."5 Sally Humphreys states the matter succinctly in a footnote:" Philos can refer both to kin and to friends."6 The philosophers too are in agreement on this point. Thus, Michael Pakaluk, in the introduction to a collection of philosophical essays on friendship, observes of Aristotle's treatise: "Religious societies, familial bonds, affinities among travellers, civility among citizens, arrangements of hospitality, and tacit contractual agreements-all of these are woven into his account of friendship."7The Greeks, then, are said not to have discriminated linguistically between a wide range of associations that we, and most societies, regard as categorically distinct. Friends are assimilated to relatives, fellow citizens, and just about anyone else with whom one shares some common experience or interest. This view, however, is inexact and misleading as stated. I shall argue that in Greek usage of the classical period and later, [End Page 72] just as in English today, kin and fellow citizens were not normally spoken of as friends or philoi, and that the categories were in fact distinct and... (shrink)