The impact of contextual influences on human resource management and management more generally has been the focus of much scholarly interest. However, we still know very little about how context impacts on the practice of ethical HRM specifically. Therefore, drawing on 59 in-depth interviews with HR practitioners in Brazil, Colombia and the UK, this paper theorizes how they perceive the ethical dimensions of their roles within their respective national contexts and how the way they act in relation to them is (...) informed, shaped and directed by the institutional context. In doing so it provides an important insight into three key themes: first, the views of HRM practitioners and managers about ethical HRM and how they articulate what it means to be ethical; second, how they respond to perceived ethical dilemmas; and third, how their responses are influenced by institutional forces and associated beliefs, values and scripts. In addition to providing an ‘emic’ perspective of this increasingly important topic and theorizing the experience and practice of ethical HRM, the paper answers calls for more international comparisons of ethical HRM practice in contemporary organizations. (shrink)

Emmanuel Levinas's early work inaugurated a tradition of thinking about alterity as at odds with generalized forms of knowledge that characterize political institutions. However, in his later work Levinas broaches but leaves underdeveloped the provocative idea that institutional modes of reasoning can provide a welcome home for alterity if they follow the wisdom of love. Against this backdrop, I argue that reading G. W. F. Hegel's early writings on neighbor love alongside his mature philosophy of the state offers us (...) important resources for articulating an institutional approach to alterity that offers a compelling solution to Levinas's concern with letting the other(s) be seen by institutions in a non‐totalizing manner. Across his early writings, Hegel positions love as the vehicle through which one comes to be at home in the institutions of one's community and the vehicle through which one can revise and expand the institutions of one's community in novel ways. My aim is to demonstrate that Hegel's early account of love provides an indispensable blueprint for understanding his mature account of the relation between the individual qua infinitely unique and modern political institutions. In turn, this will enable us to discern the institutional approach to alterity embedded in his thought. (shrink)

Social and environmental problems attributed to current electricity sector restructuring structures are spelled out. The energy source choices and market power of large industrial and commercial users versus residential consumers are compared. An institutional analytic approach is used to reveal the best option to alleviate the social and environmental problems associated with electricity restructuring. Community aggregation emerges with great potential to achieve meaningful social and environmental improvement.

The purpose of the study is an institutional view of the state and modern Russia, as opposed to the civilizational and formational worldview. It allows you to switch public and scientific consciousness from a statocentric to a sociocentric worldview, in its own way reveals the correlation of the categories of people, society and the state in the political universe. As a result, the history of political society appears to be a socio-dialectical sequence of public legal structures built by historically (...) changeable political norms. The analysis of institutional transitions and political norms allows us to assert that modern society, including the Russian one, is rationally moving towards a libertarian institution, i.e. to co-governance of citizens equal in law. (shrink)

This article addresses the pressing issue of what process courts should use to identify those questions whose resolution lies beyond their appropriate capacity and legitimacy. The search for such a process is a basic constitutional problem that has defied a clear answer for well over a hundred years. The chequered history of earlier attempts illustrates why commentators have once again begun to gravitate towards institutional approaches. The general features of institutional approaches include emphasis on uncertainty, judicial (...) fallibility, systemic impact, collaboration between branches of government and incrementalism in judging. These features, however, are relied upon in support of two conflicting views of the role of judges in public law adjudication. One is restrictive, and advocates sharp limitations to the ambit of judicial review. The other is contextual, and, in stark contrast, it proposes to expand the ambit of review in reliance on the idea of using principles of restraint to structure the exercise of judicial discretion. While this article does not take sides between them, it nonetheless seeks to refine the contextual institutional approach by outlining a general framework for reasoning with principles of restraint, and by addressing some of the key difficulties such a reasoning process would face. (shrink)

Research misconduct remains an important problem in health research despite decades of local, national, regional, and international efforts to eliminate it. The ultimate goal of every health research project, irrespective of setting, is to produce trustworthy findings to address local as well as global health issues. To be able to lead or participate meaningfully in international research collaborations, individual and institutional capacities for research integrity are paramount. Accordingly, this paper concerns itself not only with individuals’ research skills but also (...) with institutional and national policies and governance. Such policies and governance provide an ethical scaffold for the production of knowledge and structure incentives. This paper’s operational definition of research therefore draws from Institute of Medicine’s articulation of health research as an inquiry that aims to produce knowledge about the structure, processes, or effects of personal health services; and from an existing health systems framework. The paper reviews the research regulatory environment and the ethics apparatus in Ghana, and describes a project jointly undertaken by Ghanaian researchers in collaboration with New York University to assess the perceived adequacy of current institutional practices, opportunities, and incentives for promoting RI. (shrink)

The Rawlsian institutional approach holds that distributive principles apply to socioeconomic institutions rather than transactions within the institutional framework. Critics claim that the approach is baseless. I defend Rawls’s institutionalism by showing that it has a rational basis: Rawls “constructs” a theory of justice from considered judgments, especially ideas found in the political culture and historical conditions of democracy, including the fact of reasonable pluralism, which supports his institutionalism. I use Rawls’s “fact-sensitive constructivism” to interpret his claim that (...) “utilitarianism does not take seriously the distinction between persons.” Rawls’s claim refers to his contrast between impartial spectator reasoning for the classical principle of utility and his original position, which aims to motivate the original position’s use of mutually disinterested parties to an agreement as more accurately reflecting democracy’s fact of reasonable pluralism. Rawls then shows that these original position conditions, meant to reflect separate persons in democracy, justify his egalitarian principles over classical utility. I extend his contrast to act-egalitarianism to show that Rawls’s fact-sensitive constructivism supports his institutionalism. I argue that the original position, which reflects separate persons, only justifies the institutional difference principle and that the natural reasoning for act-egalitarianism does not take seriously the separateness of persons. (shrink)

Journal of Social Philosophy, EarlyView.

More and more, we face AI-based products and services. Using these services often requires our explicit consent, e.g., by agreeing to the services’ Terms and Conditions clause. Current advances introduce the ability of AI to evolve and change its own modus operandi over time in such a way that we cannot know, at the moment of consent, what it is in the future to which we are now agreeing. Therefore, informed consent is impossible regarding certain kinds of AI. Call this (...) the problem of radical ignorance. Interestingly, radical ignorance exists in consent contexts other than AI, where it seems that individuals can provide informed consent. The article argues that radical ignorance can undermine informed consent in some contexts but not others because, under certain institutional, autonomy-protecting conditions, consent can be valid without being (perfectly) informed. By understanding these institutional conditions, we can formulate practical solutions to foster valid, albeit imperfectly informed consent across various decision contexts and within different institutions. (shrink)

The following is a short introduction to this special issue, which builds on and significantly extends and updates the research published recently in the Iwanami Series on Japanese economic history. First, we offer a modern interpretation of four institutional elements that are particularly important for understanding the growth path of the Japanese economy. These are (a) ownership; (b) regulation of factor markets; (c) labor mobility and (d) the judiciary. These four elements properly clarify the incentive structure behind economic institutions. (...) We then briefly explain how the four articles in this special issue—two at the macro level providing updated estimates of long-run rates of growth in gross domestic product (GDP) and total factor productivity (TFP), and two at the micro level examining institutional changes in specific markets—build on this unified framework, and deepen our understanding of Japanese economic history. (shrink)

This article asks how people come to interpret themselves and others as autonomous given their multiple dependencies. We draw on a cross-case comparison of ethnographic studies with two populations for whom autonomy is both central and problematic: elderly patients in post-acute care, and young adults with disabilities in an independent living program. Analyzing the institutional efforts to make their clients “as independent as possible,” we find that staff members at each organization formulate autonomy as a temporal project through an (...) ongoing calibration of open futures, ideal pasts, and situational competence. Constantly adjusting and fine-tuning where in time autonomy “really” is, workers arrange present dependence so that the contours of the future remain open for their clients. In other words, they make use of temporal markers to produce recognizable autonomous subjects whose dependencies are momentary. Theorizing this temporal project enables us to see more clearly how all of us engage in the constant business of “doing” autonomy, and to better understand the role of institutions in producing autonomous selves. (shrink)

The study hypothesizes that the environmental, social, and governance of the host country have a significant effect on clean development mechanism implementation. As CDM incorporates sustainable development as one of the objectives for the green transition, many countries endeavor to adopt and implement CDM as their cleaner production method. Based on the institutional theory, the study aims to investigate the mechanism by which the institutional process of each ESG pillar makes an opportunity for a host country and to (...) see how such country-specific factors influence the implementation of CDM projects. A county-year unbalanced sample drawn from World Bank and multinational CDM project data was analyzed using panel logistic and Poisson regression. Panel regression results show that high-energy intensity and low renewable electricity output as an environmental pillar positively affect CDM implementation. Unemployment and undernourishment as a social pillar positively affect CDM whereas low government effectiveness and the high rule of law positively affect CDM. In the results of zero-inflated Poisson regression, the direction of government effectiveness was upturned. The findings have broadened and deepened the ESG pillar based on the institutional theory and emphasized sustainable development rather than economic outputs. (shrink)

The article is dedicated to analysing the risks to political stability in Ukraine in the context of the full-scale war for national self-preservation. The outcomes of the war will determine the future and potential of the Ukrainian nation as a full-fledged political entity on the international and global stages. The author assumes that the Ukrainian political system is unstable, and the risks of unconventional events increase due to the restriction and blocking of political participation by the broader population. The goal (...) of the article is to test and verify the principles of the institutional approach, as explicated by S. Huntington, in the realities of Ukrainian society. The institutional approach is used as the theoretical and methodological basis. The method of index construction is applied to empirical data. The author has constructed three indices and twelve sub-indices. The obtained indicators are informative and illustrative, and they are promising for comparative and longitudinal studies. The author concludes that political instability is inherent in the Ukrainian political system, which is linked to the modernization challenge in the form of constant demands from citizens to the political authorities. The practical significance of the article lies in the recommendations to the authorities regarding the establishment of communication bodies, more active responses to popular demands, combating speculation and disinformation, and institutionalizing political activity directed at improving the situation of the military. The article is empirical in nature and focuses on analysing the social reality of 2020. The article is limited in its relevance and relativity to the conditions of modern wartime Ukrainian society. Further research may be directed at analysing the functioning of political institutions in wartime conditions using the examples of Israel and Armenia. (shrink)

Good governance is important for the sustainability of Waqf institutions in Malaysia. As a part of good governance, the evaluation of internal control and its components are essential to be considered. While reaching the Maqāṣid al-Sharī‘ah, the appreciation of Wasaṭiyyah approach can be utilised in the evaluation of internal control in the Waqf institutions. Based on qualitative research method, this research explores the internal control and its components in Waqf institutions. The conceptual study on Wasaṭiyyah approach is provided in brief, (...) and the appreciation of Wasaṭiyyah approach in relation to internal control and its components are provided. It is found that Wasaṭiyyah approach can be used in the evaluation of internal control of Waqf institutions in improving their good governance. (shrink)

After summarising three recent case histories of alleged scientific misconduct in Germany, the efforts of the Deutsche Forschungsgemeinschaft (German Research Council)a and the Hochschulrektorenkonferenz (German Rectors’ Conference) to promote academic and procedural safeguards in favour of professional self-regulation in science and scholarship are described in outline.

Introduction to the Institutional Logics Perspective -- Precursors to the Institutional Logics Perspective -- Defining the Inter-institutional System -- The Emergence, Stability and Change of the Inter-institutional System -- Micro-Foundations of Institutional Logics -- The Dynamics of Organizational Practices and Identities -- The Emergence and Evolution of Field-Level Logics -- Implications for Future Research.

Studying institutions as part of the research on cultural evolution prompts us to analyze one very important mechanism of cultural evolution: institutions do distribute cultural variants in the population. Also, it enables relating current research on cultural evolution to some more traditional social sciences: institutions, often seen as macro-social entities, are analyzed in terms of their constitutive micro-phenomena. This article presents Sperber’s characterization of institutions, and then gives some hints about the set of phenomena to which it applies.

This article explores the normative nature of institutions. The starting point of my investigation is Kahneman, Knetsch and Thaler's notion of the reference transaction from which I derive a recursive relationship between normative judgements and social practices (i. e. regular, routinised actions in a social group), an implication of which I call the "self-justification of practices". Drawing on John Dewey, I demonstrate how prevailing practices influence normative standards and thus how institutions become normative entities. I then show how, despite the (...) conservative bias of normative standards, institutional change comes about. Finally, I enquire into the possibility of normative critique of prevailing practices and institutions. (shrink)

The paper maps out an alternative to a behavioural (economic) approach to business ethics. Special attention is paid to the fundamental philosophical principle that any moral ‘ought’ implies a practical ‘can’, which the paper interprets with regard to the economic viability of moral agency of the firm under the conditions of the market economy, in particular competition. The paper details an economic understanding of business ethics with regard to classical and neo-classical views, on the one hand, and institutional, libertarian (...) thought, on the other hand. Implications are derived regarding unintentional and passive intentional moral agency of the firm. The paper moves on to suggest that moral agency can be economically viable in competitive ‘market’ interactions, which is conventionally disputed by classical/neo-classical and institutional, libertarian economics. The paper here conceptualises active moral agency of the firm as the utilisation of ethical capital in firm--stakeholder interactions. This yields a reinterpretation of instrumental stakeholder theory. (shrink)

With rapidly expanding technological capacity, research has outpaced the existing infrastructure of ethical and regulatory guidance. In the area of incidental findings, this is particularly true.The regulations under which most Institutional Review Boards operate were established over 25 years ago and have not been substantially altered in the intervening years. The technology available today that creates the opportunity for IFs was not conceived of, or considered, in the crafting of those regulations. Therefore, little guidance can be derived directly from (...) these regulations. Rather, aspects of existing ethical guidance and regulations can be adapted to assist IRBs and researchers in dealing with issues surrounding IFs. (shrink)

Purpose. This article clarifies the significance of the person’s social self-identification as a basis for civilization and institutional explanation of national self-identification in Ukraine. Theoretical basis. The authors found that the analysis of the cultural and anthropological principles of national self-identity reveals two main opposed concepts: the concept of "eastern" cultural and social self-identity of Ukraine, which correlates with the metaphor of the split between "East" and "West", and the concept of "western" projection of the European future of Ukraine, (...) which correlates with the metaphor of the bridge between "East" and "West". These concepts reflect the options for the citizens of Ukraine to make a personal choice of the way in achieving social self-identity. Douglas North’s concept of "open-access order" states and "limited access order" states can be used as a basis for an alternative, pragmatic approach to choice the criteria of national self-identity. Originality. National self-identification is a result of the choice of the person’s self-identification: still the person takes into account the history of the nation, the ethnic diversity of the nation, its cultural and civilizational characteristics. The philosophical-anthropological approach contributes to the demystification of the grounds of social self-identification, revealing the decisive role of the personal choice in shaping the new institutional foundations of national self-identity. Harmonization of the social institutions of Ukraine with the institutions of the European Union and the international community institutions opens wide opportunities for Ukraine’s successful integration into the "open-access order" societies. The clarification of the value and symbolic aspects of national self-identity in Ukraine contributes to the successful functioning of these institutions. Multilingualism is an adequate response to the global challenge of the reconstruction of Ukraine’s national self-identity. The education system is a key area for introducing multilingualism. Conclusions. The development, justification and systematization of cultural and institutional criteria for choosing the best ways to strengthen of national self-identity in Ukraine are a prerequisite for the successful self-identification of Ukrainian citizens in a complex and ever-changing global world. (shrink)

La educación universitaria enfrenta grandes desafíos como el de gestionar el cambio que se ajuste a las demandas de la sociedad contemporánea. Una de las formas para sensibilizar al mundo académico y facilitar la innovación es la evaluación y la autoevaluación. En este trabajo se realizó un análisis tendencial de los diversos enfoques y modelos del proceso de evaluación y autoevaluación institucional; así como de las propensiones actuales del proceso autoevaluativo de las instituciones de la educación superior a través del (...) concepto de calidad. One of the biggest challenges that University education faces nowadays, is to manage the corresponding changes that our contemporary society demands. A way to sensitize the academic world and to make innovation easier is through assessment and self-appraisal. This research work carried out a tendentious analysis of the different approaches and models of the institutional assessment and self-appraisal processes; as well as, of the current tendencies of the institutional self-appraisal process in higher education, by analyzing the concept of quality. (shrink)

We argue that the notion of "mental institutions"-discussed in recent debates about extended cognition-can help better understand the origin and character of social impairments in autism, and also help illuminate the extent to which some mechanisms of autistic dysfunction extend across both internal and external factors (i.e., they do not just reside within an individual's head). After providing some conceptual background, we discuss the connection between mental institutions and embodied habits of mind. We then discuss the significance of our view (...) for understanding autistic habits of mind and consider why these embodied habits are sometimes a poor fit with neurotypical mental institutions. We conclude by considering how these insights highlight the two-way, extended nature of social impairments in autism, and how this extended picture might assist in constructing more inclusive mental institutions and intervention strategies. (shrink)

We argue that critiques of political process theory are beginning to coalesce into new approach to social movements--a "multi-institutional politics" approach. While the political process model assumes that domination is organized by and around one source of power, the alternative perspective views domination as organized around multiple sources of power, each of which is simultaneously material and symbolic. We examine the conceptions of social movements, politics, actors, goals, and strategies supported by each model, demonstrating that the view of society (...) and power underlying the political process model is too narrow to encompass the diversity of contemporary change efforts. Through empirical examples, we demonstrate that the alternative approach provides powerful analytical tools for the analysis of a wide variety of contemporary change efforts. (shrink)

I summarize seven general trends in the institutional analysis of organizations which I view as constructive and provide evidence of progress in the development of this perspective. I emphasize corrections in early theoretical limitations as well as improvements in the use of empirical indicators and an expansion of the types of organizations included and issues addressed by institutional theorists.

This article develops an institutional understanding of borders. Drawing on constitutive constructivism and theories of practical communication we argue that bordering as a process is a form of sorting through the imposition of status-functions on people and things, which alters the perception of that thing by setting it within a web of normative claims, teleologies and assumptions. Studying any border, therefore, extends to include the rule structure that constitutes it as well as the sources of that structure’s legitimacy. Furthermore, (...) rule structures are both restrictive and facilitative and importantly they overlap while retaining different sources of legitimacy: actors bring different constitutive perspectives on the border depending on the particular rule structure they are drawing on in order to make legitimate claims about what that border produces. This recognition sensitizes analysis to the interplay between different sense-making regimes and their authoritative underpinnings. Methodologically it points researchers towards the practical and discursive methods actors use when making arguments about what a particular border can and does do. (shrink)

Proxy agency is the capacity of individuals and groups to act for other individuals or groups in specific social transactions. For example, a legal team acts as a proxy for a client in a courtroom, or the Prime Minister acts as a proxy for the UK Government when attending international meetings, etc. Although a very common social phenomenon, it has not yet received enough philosophical treatment. Currently, the most developed account of this capacity is Ludwig’s proxy agency in collective action. (...) Yet, his account relies on a deflationary, we-content approach to collective intentionality (á la Bratman). In this chapter, I argue that this approach is far too weak to explain proxy agency in institutional contexts—where the individuals and groups formally authorised to perform rule-guided group activities for the principal hold a strong, non-conditional we-commitment. In order to elucidate this feature, I provide an account of proxy agency based on a more robust, we-mode approach to collective intentionality (á la Tuomela). I suggest with this that, for institutional proxy agency to operate as expected, there must be appropriate conditions of sociality in place—which ultimately coheres with the larger project developed by Tuomela on social ontology. (shrink)

Neural tube defects (NTDs) are very serious malformations for the fetus, causing either low life expectancy or a chance of survival only with costly and difficult surgical interventions. In western countries the average prevalence is 1/1000-2000 and in Turkey it is 4/1000. The aim of the study was to characterize ethical approaches at institutional level to the fetus with an NTD and the mother, and the role of health care professionals in four major centers in Turkey. The authors (...) chose perinatology units of four university hospitals and prepared questionnaires for the responsible professionals concerning their own and their institution’s ethical approaches to the fetus with an NTD and the mother. The investigation revealed that there were no institutional ethical frameworks or ethics committees available to professional teams in the units. The roles of the health care professionals and their individual decisions and approaches based on ethical principles are described. The ethical decision-making process concerning fetuses with NTDs, examples of institutional approaches to the topic and institutional frameworks, and the role of nurses and other health care professionals are all discussed, based on a literature review. The authors suggest that institutional ethical frameworks, ethics committees, professionals’ ethics education and multidisciplinary teamwork should be established for critical situations such as fetuses with an NTD. (shrink)

Are we really in need of (new) ethical institutions that regulate and control the ethical quality of corporate behavior? The various scandals (Enron, WorldOnline, Ahold) prove that ethical institutions, as well as deontological codes, public social commitments, social annual reports directly linked to financial overviews, are not enough to prevent fraud, corruption or bribery. Does the existence of those institutions partly provoke and legitimize the unbridled and immense power of organizational and CEO-(non-ethical) behavior and window-dressing? Do we need more separate (...) ethical institutions? Is it possible to outsource the competence of an ethical corporate and personal moral responsibility to another, separate institution? Do people and corporations still feel the confrontation with moral dilemmas with the institutionalizing of a part of that responsibility to an anonymous body? And won't this ethical control lead to a further alienation of the micro level personal responsibility to the macro performance of the market and organizations? This article focuses on the counterpart of the institution: tomorrow's stakeholder. The stakeholder of tomorrow (the manager, the CEO, the consumer, the employee, the civil servant...) embodies the complexity of the multi-paradigmatic business ethics debate. Two aspects of tomorrow's stakeholders' presence will be discussed: their moral attitude and emancipative communication. (shrink)

We propose a functional view of ontologies that emphasises their role in determining answers to queries, irrespective of the formalism in which they are written. A notion of framework is introduced that captures the situation of a global language into which both an ontology language and a query language can be translated, in an abstract way. We then generalise existing notions of robustness from the literature, and relate these to interpolation properties that support modularisation of ontologies.

Six African countries participated in an intercontinental professional development workshop developed by the science and math staff at the University of Iowa and supported by the Africa-America Institute. The 11-day workshop was designed to produce changes in goal setting, assessment practices, instruction, and curriculum structures for high school teachers. The article provides a detailed description of the workshop and discusses evidence of workshop successes. Preworkshop and postworkshop vision statements and curriculum units were used to track the progression of five Kenyan (...) educators as they moved toward constructivist-based practices. Teachers enhanced their views of science and math learning outcomes and learning environment as the workshop progressed. Specifically, teachers moved from emphasizing better grades and exam scores to greater student use of science and math skills. They also shifted from a heavily teacher-centered classroom view to a more student-centered classroom view. (shrink)

This is the first book to examine behavioral theories on social preference from institutional and philosophical perspectives using economic experiments. The experimental method in economics has challenged central behavioral assumptions based on rationality and selfishness, proposing empirical evidence that not only profit seeking but also social preferences matter in individuals' decision making. By performing distribution experiments in institutional contexts, the author extends assumptions about human behavior to understand actual social economy. The book also aims to enrich behavioral theories (...) of economics directed toward institutional evolution. The author scrutinizes how specific institutional conditions enhance or mute individuals' selfish incentives or their fairness ideals such as egalitarian, performance-based, labor-value radicalism or libertarianism. From experimental results and their analysis, implications for actual problems in social economy and institutional change are derived: why performance-based pay often fails to promote workers' productivity; why labor wages decline whereas shareholder's values increase after financialization; and whether socially responsible investment can be a social institution for corporate governance. The book is also addressed to philosophers of social sciences interested in how experimental methods can contribute to developing cognition of human behaviors and be extended to social theories. Referring to behavioral theorists in the history of economic thought, the author discusses the meanings of experiments in the methodology of social sciences. She also proposes new ways of interpreting experimental results by reviving historic social theories and applying them to actual social problems. (shrink)

Exploring the concept of citizenship from the history of political philosophy provides suggestions about what corporate citizenship could mean. The metaphor of corporate citizenship suggests an institutional approach to corporate social responsibility. Citizenship is a social role, characterized by an orientation towards the social contract, collective and active responsibility, as well as a positive attitude towards the juridical state. By analogy, corporate citizenship is a social role, characterized by the social contract of business, a participatory ethics of business, the (...) precautionary principle and the promotion of just international institutions. It is considered that corporate citizenship depends on a number of interacting institutional conditions that hold society partly responsible for the social performance of their companies. Finally, the problem of the dissolution of corporate social responsibility is reviewed in an institutional environment where everyone is considered responsible. (shrink)

Universal social institutions, such as marriage, commons management and property, have emerged independently in radically different cultures. This requires explanation. As Boyer and Petersen point out ‘in a purely localist framework would have to constitute massively improbable coincidences’ . According to Boyer and Petersen, those institutions emerged naturally out of genetically wired behavioural dispositions, such as marriage out of mating strategies and borders out of territorial behaviour. While I agree with Boyer and Petersen that ‘unnatural’ institutions cannot thrive, this one-sided (...) explanation of universal social institutions in terms of genetic human nature is unsatisfactory. Drawing on the literature on multi-level selection and gene-culture coevolution, I argue that universal social institutions are first and foremost the products of cultural selection. They occupy fitness peaks in the landscape of cultural possibilities, much in the same way that biological adaptations occupy fitness peaks in the landscape of biological possibilities. To show this, I use game-theory. By modelling the domains of social interaction in which marriage, commons management, and property emerged as Prisoner’s dilemma situations, it becomes clear how an institutional framework allows the group to move to an interactive equilibrium with a larger payoff. Institutions do so by incentivising all parties to adopt a cooperative strategy. They are culturally selected ways of optimising genetically constrained domains of human social interaction. (shrink)

The welfare and protection of human subjects is critical to the integrity of clinical investigation and research. Institutional review boards were thus set up to be impartial reviewers of research protocols in clinical research. Their main role is to stand between the investigator and her human subjects in order to ensure that the welfare of human subjects are protected. While there is much literature on the conflicts of interest faced by investigators and researchers in clinical investigations, an area that (...) is less explored is CIs that may affect members of IRBs during the institutional ethics review of clinical investigations. This article examines the notion of CIs in clinical research and attempts to develop a framework for a clearer and more balanced approach to identifying CIs that may influence members of IRBs and impede their independence. It will also apply the proposed framework to demonstrate how IRBs possess, or at least may appear to possess, forms of financial CIs and non-financial CIs. The proper identification and management of these CIs is critical to preserving the integrity of clinical investigations and achieving the primary aim of human subjects protection. (shrink)

Heeding the call for a deeper understanding of how cross-sector social partnerships can be managed across different contexts, this article integrates ideas from institutional theory with current debate on cross-boundary collaboration. Adopting the point of view of business actors interested in forming a CSSP to address complex social problems, we suggest that “appropriateness” needs shape business approaches toward partnering for social change, exerting an impact on the benefits that can be gained from it. A theoretical framework is proposed (...) that identifies and frames four CSSP styles, as resulting from combinations of dominant institutional orientations in a field and its general level of coherence. We show how, depending on prevailing institutional logics, intervention models underlying the CSSP have to emphasize either the business soundness of the initiative or its social value, together with a consistent leadership style. Moreover, while directive approaches based on concentrated governance structures aimed at setting the rules of the game are shown to prevail in fields characterized by low level of institutional coherence, participative models emerge in more established fields, with CSSP’s promoter playing an integrative role through distributed governance structures. The article concludes with a summary and implications of an institutional-based view of CSSPs. (shrink)

Times of heightened risk to the physical safety of their citizens inevitably cause democracies to recalibrate their institutions and processes and to reinterpret existing legal norms, with greater emphasis on security, and less on individual liberty, than in "normal" times. This article explores the ways in which the American courts have responded to the tension between civil liberties and national security in times of crises. This history illustrates that courts have rejected both of the two polar positions that characterize public (...) discourse on these issues. Civil libertarians argue that political bodies are too easily gripped by passions, hysteria, and self-interest in these times and that courts therefore ought to play a central role in protecting liberty. Executive unilateralists argue that the qualities that uniquely characterize the executive branch, such as decisiveness, access to information, and efficiency, must become so dominant in these moments that few checks, if any, should constrain executive prerogatives. Oddly, civil libertarians and executive unilateralists find implicit consensus in the view that, in times of war, courts have tended not to play a significant role in overseeing executive power. We argue to the contrary: historically, a significant constitutional tradition of judicial scrutiny in the United States during times of war does exist. But this scrutiny does not take the form of courts making first-order substantive judgments about the content of liberty or other claimed constitutional rights. Nor does it take the form of judicial assessment of how significant or credible the national security claims of the executive branch might be. Instead, judicial oversight has been focused on preserving the institutional structures and processes through which decisionmaking on these issues takes place. The judicial role has centered on the second-order question of whether the right institutional processes have been used to make the decisions at issue, rather than on what the content of the underlying rights ought to be. This approach has historically rejected or resisted most claims of executive unilateralism. When courts have upheld the government's actions, they have done so only after a judgment that Congress, as well as the executive, has endorsed the action. This approach has also rejected the civil libertarian framework. When courts find bilateral institutional endorsement, they have typically accepted the joint political judgment of how liberty and security tradeoffs ought to be made. By focusing on congressional endorsement of emergency measures, the courts have created a broad-based political accountability for the actions taken in the name of national security. We suggest that even if congressional endorsement is more apparent than real in some of these contexts, the judicial maintenance of this structure of rhetorical justifications sustains desirable understandings of political structure. Because the President and Congress draw from different political constituencies in a presidential rather than a parliamentary system, we also raise questions about whether the American judicial approach to these questions should be limited to political systems with separated executive and legislative powers. (shrink)