Traditionally, the consequences of employees' behavior (teleology) and the norms attributed to the behavior (deontology) have been two familiar determinants of ethical decision making (EDM). More recently, emotions have also gained considerable attention for their ability to affect EDM. Marketing ethics literature overlooks how emotions are related with norms and consequences. Hence, this study investigates how normative, consequentialist, and emotional factors interactively influence EDM in a sales ethics context. Using scenarios with a 2 × 2 between-groups factorial design, we collected (...) data online from 303 sales professionals. Then we used independent samples t tests and hierarchical regression models to analyze the hypothesized relationships. Results indicate that violation of and obedience to deontological norms stimulate negative and positive anticipated emotions, respectively, leading to stronger EDM. However, to a lesser extent, when violation of and obedience to deontological norms do not stimulate anticipated emotions, those emotions lead to weaker EDM. Moreover, consequences do not stimulate any anticipated emotions. Instead, consequences moderate the relationship between anticipated emotions and EDM. In addition, deontological and teleological evaluations mediate the relationship between anticipated emotions and EDM. These findings highlight the importance of considering the interplay between normative, consequentialist, and emotional factors in the formation of ethical judgments and intentions. The article discusses the implications of these results for sales professionals and organizations and suggests future research directions. (shrink)

This study investigates specific behavioral perceptual differences of ethics between practitioners and students enrolled in sales classes. Respondents were asked to indicate their beliefs to issues related to ethics in sales. A highly significant difference was found between mean responses of students and sales personnel. Managers indicated a greater concern for ethical behavior and less attention to sales than did the students. Students indicated a strong desire for success regardless of ethical constraints violated.

In lieu of an abstract, here is a brief excerpt of the content:How I Lost My HearingJanessa SalesI was born as a healthy and strong hearing person, but I became deaf through a result of painful and traumatic cancer treatments. I was diagnosed with a malignant brain tumor called Germinoma in 2003. I went through surgery, chemotherapy, and radiation. I was good for one and a half years. However, in 2005 when I turned 12 my cancer relapsed. My doctors told (...) me and my family that I had to undergo a much stronger treatment plan called a Bone Marrow Transplant (BMT). One of the possible side effects to this treatment was hearing loss. I unfortunately received this devastating side effect.I still remember the day that I lost my hearing. Before going to sleep that night, I received a dose of chemo. Waking up the next morning, something was terribly wrong. I couldn’t hear anything! I felt as if I were wearing earplugs. I called for my mother and I told her the alarming news, but as she was speaking back to me, I strained to hear her voice. All I saw were her lips moving. My doctors made arrangements for me to get my hearing tested with an audiologist.As the days that passed, I went through a deep depression. My doctors and my family tried different ways to communicate with me. They used note pads or white boards and wrote down what they wanted to say to me. As my hearing lessened, my other senses kicked in. I read body language and expressions. I learned to read lips. It was a little over a month before I got my hearing aids.Going back to school was very difficult, but my hearing loss, in itself, wasn’t as traumatic as the refusal to accept my new life. I spent the next four years trying to be hearing—trying to fix myself— trying to be what I once was. I always strained my ears trying to listen to my teachers. I tried fitting in with my friends, trying to keep up with their conversations, but it was no use. I couldn’t hear a thing; I was lost and confused.However, during my eighth grade year, I was given the choice to transfer to a different school. It was a mainstream school that had a DHH (Deaf and Hard of Hearing) program. It was a scary transition going to a new school, not knowing anybody. I hesitated and did not want to go at first, but eventually I got over my fears.When I transferred over to the other middle school, I still felt lost. I was still trying to be a hearing student. I only knew how to be auditory learner. I couldn’t focus because I wasn’t able to hear my teachers. I was new at sign language, so I couldn’t understand any of my interpreters. I had frequent meltdowns every week.I felt like I didn’t fit into the deaf world or the hearing world. I couldn’t understand either one. I was always misunderstanding my hearing friends, and I wasn’t able to understand my deaf peers because I didn’t fully know their language. I had low self–esteem and I felt like I didn’t belong anywhere.I had to learn to become a visual learner. I was given the use of a Frequency Modulated (FM) system. The FM system is an assistive listening device worn by the speaker to amplify his/her voice and transmit it directly to the listener’s ears via an electronic receiver and special earphones or the listener’s own hearing aids. I also had an interpreter and closed captions when needed.My DHH teacher Mr. H, who was my greatest mentor and role model, set me up with an Individualized Educational Program (IEP) that required that I had to have my homework written down instead being verbally told. I was allowed to have more time on tests when needed, and a note taker for lectures. All of these arrangements really helped me through my new “deaf world.”My mother and I took Sign Language classes at Sacramento State University where Mr. H also taught... (shrink)

For many years, researchers and practitioners have sought out meaningful indicators of sales performance. Yet, as the concept of performance has broadened, the understanding of what makes up a successful seller, has become far more complicated. The complexity of buyer–seller relationships has changed therefore as the definition of sales performance has expanded, cultivating a growing interest in ethical/unethical actions since they could potentially have impacts on sales performance. Given this environment, the purpose of this study is to explore the impact (...) of moral judgment on sales performance and sellers engaging in a customer-oriented selling approach. Specifically, by utilizing a sample of 345 business-to-business salespeople, this study examines the relationships between moral judgment, customer-oriented selling, and outcome and behavior based performance. Results, managerial implications, and opportunities for future research are provided. (shrink)

Existing arguments against paid organ donation are examined and found to be unconvincing. It is argued that the real reason why organ sale is generally thought to be wrong is that (a) bodily integrity is highly valued and (b) the removal of healthy organs constitutes a violation of this integrity. Both sale and (free) donation involve a violation of bodily integrity. In the case of the latter, though, the disvalue of the violation is typically outweighed by the presence (...) of other goods: chiefly, the extreme altruism involved in the giving. There is usually no such outweighing feature in the case of the former. Given this, the idea that we value bodily integrity can help to account for the perceived moral difference between sale and free donation. (shrink)

Termination in international contracts is considered a harsh sanction that harms international trade for each breach of contract or its provisions. The interest of international trade is fulfilled in maintaining and completing performance of contract, even if with a breach rectifiable by remedy. The termination destroys the contract and results in returning goods after their dispatch in addition to the accompanying new freight and insurance expenses and administrative and health procedures necessary for the entry and exit of goods (...) and to pay then refund the price. Moreover, the goods are exposed again to damage and perishing risks. Furthermore, the international sale contract is inherently associated with other international contracts such as goods transport contract, insurance contract and documentary credit through which the price is paid. If the sale contract is terminated, its effect will apply to all other associated contracts, if not performed, which produces many issues and hardships. (shrink)

Australia does not allow adult smokers to buy or use electronic nicotine delivery systems that contain nicotine without a prescription. This paper critically evaluates the empirical and ethical justifications provided for the policy by Federal and State governments, public health advocates and health organisations. These are: that ENDS should only be approved as products for smoking cessation when there is evidence from randomised controlled trials that they are effective; that as a matter of precaution we should not allow the (...) class='Hi'>sale of ENDS to smokers as consumer products because we do not know what their long-term effects will be; and that allowing ENDS to be sold as consumer goods will enable the tobacco industry to market ENDS to young people which will also lead to an increase in youth smoking. We show that the arguments and evidence offered in support of all these claims is very weak. We also argue that even if the evidence were stronger, it would not justify denying adult smokers the right to use ENDS either to quit smoking or as a long-term alternative to smoking cigarettes. We outline ENDS policies that would more ethically address the public health concerns that motivated the current policy by allowing adult smokers to access ENDS for smoking cessation or tobacco harm reduction under tight regulations that discourage commercial promotion and adolescent use. (shrink)

This book contains a variety of essays aimed at developing a philosophical defense of public goods against neo-liberal criticisms. Looking at concepts such as collective action, common property, intellectual property and issues such as health, education, welfare, environment, media, cities, and the prison industrial complex.

Corporate social responsibility positively impacts relationships between firms and customers. Previous research construes this as an outcome of customers’ warm glow that results from supporting firms’ benevolence. The current research demonstrates that beyond warm glow, CSR positively impacts firms’ sales through mitigating their customers’ perceptions of purchase risk. We demonstrate this effect across three conditions in which customers’ perceived risk of purchase is heightened, using both secondary data and two lab experiments. Under conditions of greater purchase risk, CSR positively impacts (...) both sales and customer purchase intentions to a greater extent than in conditions of lower purchase risk. In addition to measuring purchase risk as the mediating process behind these effects, we demonstrate that the effect of CSR on sales is stronger for those CSR activities that signal a stakeholder orientation. (shrink)

Objective: Symptom improvement is often examined as an indicator of a good outcome of accessing mental health services. However, there is little evidence of whether symptom improvement is associated with other indicators of a good outcome, such as a mutual agreement to end treatment. The aim of this study was to examine whether young people accessing mental health services who meaningfully improved were more likely to mutually agree to end treatment.Methods: Multilevel multinomial regression analysis controlling for age, gender, ethnicity, and (...) referral source was conducted on N = 8,995 episodes of care [Female = 5,469, 61%; meanAge = 13.66 years] using anonymised administrative data from young people's mental health services.Results: Compared to young people with no change in mental health difficulties, those showing positive meaningful changes in mental health difficulties were less likely to have case closure due to non-mutual agreement. Similarly, they were less likely to transfer or end treatment for other reasons than by case closure due to mutual agreement.Conclusion: The findings suggest that young people accessing mental health services whose symptoms meaningfully improve are more likely to mutually agree to end treatment, adding to the evidence that symptom improvement may be appropriate to examine as an indicator of a good outcome of accessing mental health services. (shrink)

In Ḥanafī legal thought, ta‘ātī (mutual delivery of goods and price) has been seen as a sales contract without the need for an additional legal transaction. This situation raises the question of whether the delivery transaction took place after a void (bāṭil) or invalid (fāsid) sales contract can be considered as a new contract that is revealed through ta‘ātī. In this study, which we aim to answer the aforementioned question, first of all, the issue of what kind of relationship (...) is established between the definition of the sales contract and the legitimacy of the ta‘ātī is discussed. Secondly, the relationship between the principles of “When something is void, what is implicit in that thing is also void.”, “What builds on what is invalid is also invalid” and the delivery transaction that took place after a void or invalid contract is discussed. Thirdly, it has been discussed whether the acceptance of the delivery transaction after a void or invalid contract as a new contract is dependent on the fact that the first contract has been legally terminated. In Ḥanafī thought two approaches have emerged regarding the relationship between ta‘ātī and void or invalid contract. According to Ḥanafī jurists based on the above-mentioned two principles, the delivery transaction that took place after a void or invalid contract is not a new contract. The fact that the delivery transaction becomes a new contract depends on the fact that the first contract was terminated in a legal way. In the approach of Ḥalvānī and Kāsānī, the fact that the delivery transaction that took place after a void or invalid contract gains the quality of a new contract is not dependent on the fact that the first contract is legally terminated. This approach is very important in terms of making it possible for the idea that “Delivery that took place after a void or invalid contract has the quality of a new contract.” to attribute the classical Ḥanafī thought. (shrink)

There is a global consensus of ethicists, politicians, physicians, and international documents that reject any sort of market in human organs. Indeed, this issue has received much attention in the literature in the past few decades, with the majority of commentators placing a high correlation between the sale of organs and financial exploitation. While this argument may be tenable, this analysis seeks to draw out further implications of organ sale, including the idea of moralistic exploitation and the concept (...) that providing a market in a nonmarket good may crowd out certain morals that we should care about. This article will initially discuss the issue of moralistic exploitation, drawing implications from the 2005 UNESCO Declaration on Bioethics and Human Rights and will conclude with applying Michael Sandel’s concept that markets crowd out morals to the issue of organ markets. (shrink)

Legal codes, such as the Uniform Commercial Code (UCC) examined in this article, are good points of entry for AI and ontology work because of their more straightforward adaptability to relationship linking and rules-based encoding. However, approaches relying on encoding solely on formal code structure are incomplete, missing the rich experience of practitioner expertise that identifies key relationships and decision criteria often supplied by experienced practitioners and process experts from various disciplines (e.g., sociology, political economics, logistics, operations research). This research (...) focuses on the UCC because it transcends the limitations of a formal code, functioning essentially as a composite. AI work can benefit from real-world codes like the UCC, which are essentially formal codes enlightened from a more realistic experience-base from centuries of development in international commercial transactions settings. This paper then describes our initial work in converting an expert system on the U.S. law governing the sale of goods from Article II of the Uniform Commercial Code (UCC), into a knowledge-based system using the Web Ontology Language OWL. (shrink)

This article draws upon affect theory to analyze transformations of garage sale sellers through the exchange of their affectively charged possessions. Garage sales are awash with human emotion; they feature used personal belongings suffused with identities, histories, stories, and memories that are moved along with affect. The objects for sale are “sticky” in that they act as vessels and glue for strands of sentiment to reflexively pass between sellers and buyers, transmitting affective orientations, whether positive or negative. The (...) affective elements of garage sale goods are contagious as they can intersubjectively leap from one body to another. (shrink)

With the progress of social and improvement of public awareness, the demand for enterprises to participate in a social welfare cause is increasing. A company can directly support corporate social responsibility issues through cause-related marketing approaches, for example, by donating part of the proceeds from product sales or simply by donating their products. Previous research has only discussed the impact of one of these CRM approaches on customers in one study. This research compared the effect of these two approaches on (...) the purchase intention of consumers. Experiment 1 demonstrated that, for practical products, the purchase intention of BOGO was higher, while for hedonic products, the purchase intention of BOGM was higher. More importantly, we found a potential mechanism – perceived helpfulness – that drives our main effect. Experiment 2 revealed that the different statement order of charity information and product information in advertising can moderate the main effect. The research also provides several implications and insight into how companies can make donations while winning more customers’ willingness to pay, thus encouraging more companies to fulfill their corporate social responsibility. (shrink)

This paper discusses how to refine a given initial legal ontology using an existing MRD (Machine-Readable Dictionary). There are two hard issues in the refinement process. One is to find out those MRD concepts most related to given legal concepts. The other is to correct bugs in a given legal ontology, using the concepts extracted from an MRD. In order to resolve the issues, we present a method to find out the best MRD correspondences to given legal concepts, using two (...) match algorithms. Moreover, another method called a static analysis is given to refine a given legal ontology, based on the comparison between the initial legal ontology and the best MRD correspondences to given legal concepts. We have implemented a software environment to help a user refine a given legal ontology based on these methods. The empirical results have shown that the environment works well in the field of Contracts for the International Sale of Goods. (shrink)

Within the context of the insurable interest in cargo insurance contracts, in this publication the writer analyses the theoretical aspects of the insurable interest and the relevant laws. Dealing with the problems of determining the insurable interest in cargo insurance contracts the writer has examined the possible options of insurance of the cargo in transit, and while analysing the law governing transport and the sale of goods he examines a person‘s insurable interest in the cargo insured and legal (...) remedies to protect such an interest by concluding a cargo insurance contract. The writer believes that the legal regulation of the insurable interest in Lithuania, interpreting the insurable interest as a loss sustained by a policyholder, the insured or the beneficiary upon an event insured against, fails to guarantee the protection of proprietary and economic interests of persons engaged in the circulation of commodities. Laws governing cargo insurance contracts in Lithuania do not provide a flexible protection of interests of the participants in trade operations and impedes the development of trade and transit, therefore the legal regulation of cargo insurance, especially of the insurable interest should be improved. (shrink)

Near the end of Eyrbyggja saga þórir asks Óspak and his men where they had gotten the goods they were carrying. Óspak said that they had gotten them at þambárdal. “How did you come by them?” said þórir. Óspak answered, “They were not given, they were not paid to me, nor were they sold either.” Óspak had earlier that evening raided the house of a farmer called Álf and made away with enough to burden four horses. And this was (...) exactly what he told þórir when he wittily eliminated the other modes of transfer by which he could have acquired the goods. There is no question of thievery here. An Icelandic thief had to conceal the taking, and Óspak was not so craven. His taking was open and notorious, and þórir did not fail to conceive his meaning. This was a rán, an open, hostile taking. (shrink)

There are some things money literally cannot buy. Invariably transformable goods are such things because when they are exchanged for money, they become something else. These goods are destroyed rather than transferred in monetary exchanges. They mark out an impassable limit beyond which money and the market cannot reach. They cannot be for sale, in the strongest and most literal sense. Variably transformable goods are similar. They can be destroyed when offered or exchanged for money, but (...) they differ in their ability to sometimes emerge from financial transactions intact. -/- Analyzing transformable goods reveals informative and surprising results. Like other goods and commodities, they are agent relative, defined by the way particular agents value them. Inside the same transaction, a good could be transformable for one agent and not another, depending on how and what these agents value in the transaction. Applying this conceptual framework can reveal otherwise obscure facets of existing and future debates about the ethics and limits of markets. To demonstrate this, the framework is here applied to Richard Titmuss’s arguments about markets in blood, clarifying and illuminating some of his most confusing claims. Applying this framework to other debates may reveal even more striking results. (shrink)

This study involved using a mixed method research design to examine the moral philosophy difference between the ethical decision-making process of CEOs in U.S.-led and non-U.S.-led within the luxury goods industry. The study employed a MANOVA to compare the ethical profiles between the two leader types and a phenomenological qualitative process to locate themes that give indication as to the compatibility of the luxury strategy values and practices with the principles and concepts of responsible leadership and conscious capitalism. As (...) the luxury goods industry is facing the first slowdown since 2000, pressure to achieve sales targets in the U.S. to make up for losses in other markets will place these CEOs under extreme pressure from their headquarters. These leaders must possess the ethical decision-making capability to balance legal and moral dilemmas unique to multinational luxury goods organizations while delivering business results in a challenging environment. Results of the study show no evidence of difference in the ethical decision-making profiles between the two groups of leaders. The themes and emergent findings resulting from the qualitative analysis indicate a profound incompatibility between the values informing decision-makers using the luxury strategy and those employed by leaders operating within the principles and parameters of responsible leadership and conscious capitalism. Recommendations for future research include replicating the study with a larger sample, within a different geographic region or comparing leaders using the luxury strategy to those using conscious capitalism. (shrink)

This paper challenges the view that bans on kidney sales are unjustifiably paternalistic, that is, that they unduly deny people the freedom to make decisions about their own bodies in order to protect them from harm. I argue that not even principled anti-paternalists need to reject such bans. This is because their rationale is not hard paternalism, which anti-paternalists repudiate, but soft paternalism, which they in principle accept. More precisely, I suggest that their rationale is what Franklin Miller and Alan (...) Wertheimer call ‘group soft paternalism’. Group soft paternalistic policies restrict the freedom of autonomous individuals, not for their own good (hard paternalism), but as an unavoidable consequence of seeking to protect other, non-autonomous individuals from harms that they have not voluntarily chosen (soft paternalism). Group soft paternalism supports prohibiting kidney sales on three conditions: (1) that such sales are potentially harmful to vendors, (2) that many vendors would suffer impaired autonomy, and (3) that distinguishing between autonomous and non-autonomous vendors and interfering only with the latter is unfeasible. I provide reasons for thinking that these conditions will often hold. (shrink)

This paper defends an in principle understanding of the authority of persons over themselves and, in consequence, argues for significant limits on morally permissible state authority. It also defends an account of the limits of permissible state action that distinguishes between the ability of persons to convey authority to common projects and what may be judged virtuous, good, safe, or proper to do. In terms of organ transplantation policy, it concludes that it is morally acceptable, and should be legally permissible, (...) for individuals to sell one of their kidneys while living, pocketing the cash to use as that person sees fit to advance their own understanding of their own best interests. Morally objectionable policy proposals, I argue, are not those that encourage individuals to sell a redundant kidney while living or families to sell the organs of a recently deceased loved one, but those that seek coercively to confiscate the organs of the recently deceased. Recognizing the authority of persons over themselves, and their ability to convey moral authority to common projects, including the sale of human organs for transplantation, would shed light on the medical marketplace and clarify public policy, while increasing the efficiency and effectiveness of procuring human organs for transplantation. (shrink)

Honor systems are a cheap and simple way for marketing low-price goods. These sale systems are dependent on the honesty of customers and can only tolerate a certain share of free-riders. In an experimental field study, we investigate a case where honesty has almost disappeared, namely an honor system for the sale of newspapers on weekends. In the chosen urban study area, only a minority of customers comply with payment norms. In this difficult setting, we tested the (...) use of eye images and descriptive social norms as cues to improving payment morale over a period of 24 weeks. We find that interventions based on eye cues as well as normative appeals do not evoke a transition from low to high levels of honesty. However, our results suggest that such interventions might still have the potential to marginally increase mean payments and therefore be economically profitable for operators of large-scale honor systems. (shrink)

abstract The possibility that organ sales by living adults might be made legal is morally distressing to many of us. However, powerful arguments have been provided recently supporting legalisation (I consider two of those arguments: the Consequentialist Argument and the Autonomy Argument). Is our instinctive reaction against a market of organs irrational then? The aim of this paper is not to prove that legalization would be immoral, all things considered, but rather to show, first, that there are some kinds of (...) arguments, offered in favour of legalisation, that are, in an important sense, illegitimate, and second, that even if legalisation might not be wrong all things considered, there are good reasons for our negative moral intuitions. Moreover, identifying these reasons will help highlight some features of moral decisions in non‐ideal situations, which in turn might be relevant to some other moral or policy choices. (shrink)

This paper considers two arguments that are common in the literature on organ sales. First, organ sales are exploitative and therefore should not be permitted. Second, it doesn't matter whether organ sales are exploitative or not; the only thing that matters is that we do what is in the interests of those who need to be protected.In this paper, I argue that both of these arguments are too simplistic. My intention, however, is not to argue for or against organ sales. (...) My conclusion, rather, is simply that we cannot hope to address the issue of organ sales if we lack a good understanding of exploitation. We should not attempt to answer the question of whether or not organ sales should be banned on the grounds that they are exploitative without acknowledging and addressing the nuances involved in understanding exploitation. (shrink)

It is generally accepted in Hungarian scholarly literature that Ottoman soldiers stationed on Hungarian territory did not mix with the local Hungarian population during the Ottoman period in Hungary. However, the written historical sources attest direct contact between Ottoman garrisons and the Hungarian population. This chapter attempts to examine how the picture drawn by the historical sources can be supplemented by archaeological evidence, in particular ceramics. This can be seen in the records of shops owned by the Ottoman Treasury and (...) in customs registers. These sources attest that craftsmen and traders settling in the wake of the soldiers and supplying them were employed in the production and sale of goods that were almost exclusively for the satisfaction of basic everyday needs. (shrink)

In this paper we consider the question of whether middle-scale farmers, which we define as producers generating between $100,000 and $250,000 in sales annually, are better agricultural stewards than small and large-scale producers. Our study is motivated by the argument of some commentators that farmers of this class ought to be protected in part because of the unique attitudes and values they possess regarding what constitutes a “good farmer.” We present results of a survey of Missouri farmers designed to assess (...) farmer attitudes and values regarding a variety of indicators of farmer stewardship, such as the most important issues in agriculture, environment, and treatment of farm animals, perspectives on the past and future of agriculture, and ethical behavior. We find little evidence that farmers-of-the-middle are particularly noteworthy in these regards. We do find evidence, however, that middle-scale farmers are more pessimistic and anxious about their role in the future of agriculture. (shrink)

What should and what should not be for sale in a society? This is the central question in the Moral Limits of Markets debate, which is conducted by a group of business ethicists and liberal egalitarian political theorists. These MLM theorists, which we will dub ‘market moralists,’ all put forward a specific version of the argument that while the market is well suited to allocate some categories of goods and services, it is undesirable for the allocation of other (...) such categories. We argue that the current MLM debate is too much framed in terms of a market/non-market dichotomy. Moreover, authors tend to distinguish insufficiently between values such as freedom, equality, and efficiency, and allocation methods such as the market, the queue, and rationing. We introduce a new conceptual scheme consisting of societal domains, values, and allocation methods to provide a better structure for this debate. The argument is illustrated from the education and healthcare domains. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:184 THE ECONOMIC THOUGHT OF DAVID HUME David Hume's views on economics are expressed in his Essays, Moral, Political and Literary, Part II (1752). He was a contemporary of Adam Smith and read Smith's The Wealth of Nations shortly before his death. Some commentators have suggested that Hume exercised some influence over Smith's views on economics; others are not so sure. Hume's commentators over the last 200 years have (...) emphasized his theory of knowledge, doctrine of causality and belief, theory of morals and historical writing. His views on economics have been relatively neglected. The purpose of this essay is to summarize and clarify Hume's views on economics. Commerce and Trade Hume's essay "Of Commerce" is an extension of his view of property rights. Just as government should not impair property rights, it should not impair commerce, which is the freedom to contract between consenting parties. But Hume was not a 'pure' advocate of laissez-faire. He supported the infant industry argument: A tax on German linen encourages home manufacturers, and thereby multiplies our people and industry. A tax on brandy encreases the sale of rum, and supports our southern colonies. The bulk of workers are employed either in argiculture or manufacturing. In the more primitive societies, almost everyone is employed in agriculture (husbandry), and as agricultural techniques are improved, the land becomes able to support more nonagricultural workers, including artisans and providers of luxuries as well as manufacturers. Some of these 185 surplus (i.e., nonagricultural or manufacturing) workers are sometimes appropriated by the sovereign for use in the army or navy (OC 256), which prevents them from producing luxury goods and services, and leads to a different kind of state than would exist if their labor were not so appropriated. Increases in industry, the arts and trade generally increase both the power of the sovereign and the happiness of the people (OC 260). Trade is something that is mutually beneficial -- both parties gain. Hume spends a great deal of time refuting the idea that one nation's gain is another's trade loss. Thus, trade is a win-win rather than a win-lose situation, as some modern-day mercantilists (such as Thurow fThe Zero Sum Gamel and Batra G The Great Crash of 1989l)would have us believe. Hume views everything in the world as purchased by labor, and sees labor as being caused by people's passions (OC 261). In modern language, one could say that wealth is produced either from physical or mental labor, and that it is individual incentive that causes the human action to begin in the first place. Of course, this view overlooks the fact that labor does not exist in a vacuum, but is mixed with land and perhaps capital (which can be seen as the result of accumulated labor). Exchange occurs when producers of a commodity produce more than they can consume. At that point, they trade their surplus for other goods and services (OC 261). In peacetime, the farmers' surplus goes toward the acquisition of manufactures or the cultivation of the liberal arts. In war, the surplus can go toward the support of an army or navy. The state becomes more powerful as it can produce increasingly beyond subsistence, what Hume refers to as employment beyond mere necessities (OC 186 262). But rather than encouraging the increase in state power by force, such increase is best accomplished by allowing individuals to produce as much as they want, which they will do automatically in the absence of coercion, and then appropriate part of the surplus: It is a violent method, and in most cases impracticable, to oblige the labourer to toil, in order to raise from the land more than what subsists himself and family. Furnish him with manufactures and commodities, and he will do it himself. Afterwards you will find it easy to seize some part of his superfluous labour, and employ it in the public service, without giving him his wonted return. Being accustomed to industry, he will think this less grievous, than if, at once, you obliged him to an argumentation of labour without any reward. (OC 262) Countries that engage in... (shrink)

Noxious markets, inequality and social meanings In this thoughtful and timely book, Debra Satz provides a convincing justificatory framework for our ongoing discomfort at the intrusion of markets into many areas of our lives that hitherto had been free from commercial influence. Her central problem is the commodification of everyday life. We inhabit social worlds which are highly commodified and in which the market is often prescribed as a universal panacea for any social problem we confront. Yet despite such overt (...) marketisation in the culture at large, nonetheless there remains the widespread belief that there are some things that should not be for sale: the very thought of selling certain goods remains repugnant. Satz's task in this book is to explain why such misgivings are correct. How might we best account for the intuition that some things should not be for sale? At the heart of her tale is a concern with the inequality that markets often bring in their wake. (shrink)

I shall argue, first, that potential kidney donors may be subject to harmful pressure to donate. This pressure may take almost any form; people have diverse interests, and anything that could set them back may qualify as pressure. Given features of the context—the high stakes, the involvement of family, and the social meaning of donation—such pressure may be especially harmful. This problem is less tractable than the more familiar worry that pressure may compromise consent. Screening may ensure donors validly consent, (...) but it provides no protection against harmful pressure. I shall argue, second, that the use of such pressure is the predictable consequence of the prohibition on kidney sales. Potential donors have something—a transplantable kidney—that is both valuable and scarce. Many of them, informed about donation, decide against it. Those in need of a transplant may seek to persuade the unwilling. Given the prohibition, the donation cannot be made more attractive in absolute terms by, say, the addition of money. However, it can be made more attractive in relative terms. If declining the option is made worse, then, by comparison, accepting it is made better. The application of harmful pressure has the desired effect. With so much at stake, and no good alternatives, its use is predictable. I conclude that potential donors' interests should figure more prominently in the discussion of transplant policy. Those who defend the prohibition have made virtually no attempt to account for its impact on that group. (shrink)

In order to represent legal knowledge adequately, it is vital to create a formal device that can freely construct an individual concept directly from a predicate expression. For this purpose, a Compound Predicate Formula (CPF) is formulated for use in legal expert systems. In this paper, we willattempt to explain the nature of CPFs by rigorous logical foundation, i.e., establishing their syntax and semantics precisely through the use of appropriate examples. We note the advantages of our system over other such (...) systems and discuss the significance of CPFs with regard to the formalization of legal reasonings using examples from the United Nations Convention for the International Sale of Goods. (shrink)

This study investigates how tone at the top, implemented by top management, and tone at the bottom, in an employee’s immediate work environment, determine noncompliance. We focus on the disallowed actions of employees that improve their own and, in turn, the company’s performance, referred to as performance-improving noncompliant behavior. We conduct a survey of German sales employees to investigate specifically how, on the one hand, corporate rules and performance pressure, both implemented by top management, and, on the other hand, others’ (...) PINC expectations and others’ PINC behavior, both arising from the employee’s immediate work environment, influence PINC behavior. When considered in isolation, we find that corporate rules, as top management’s main instrument to guide employee behavior, decrease employee PINC behavior. However, this effect is negatively influenced by the employees’ immediate work environment when employees are expected to engage in PINC or when others engage in PINC. In contrast, even though top management places great performance pressure on employees, that by itself does not increase PINC behavior. Overall, our study informs practitioners and researchers about whether and how the four determinants increase or decrease employees’ PINC behavior, which is important to comprehend triggers and to counteract such misconduct. (shrink)

This article analyzes the origins of the “responsible corporate officer” doctrine: the trial of Joseph Dotterweich. That doctrine holds that an officer may be personally liable for the criminal act of a subordinate if the officer was, in some indefinite way, able to prevent the violation. Applying this doctrine, the prosecution of Dotterweich entailed strict liability for a strict liability offense. The underlying offenses—the interstate sale of one misbranded and adulterated drug and one misbranded drug—were said to be strict (...) liability offenses. And then, with respect to Dotterweich as the corporation’s general manager, the government argued that he was strictly liable because he stood in “responsible relation” to the company’s acts. The government never tried to prove that the company, Buffalo Pharmacal, was negligent, nor did it try to prove that Dotterweich was negligent in his supervision of the employees of Buffalo Pharmacal. The prosecutor and judge were candid about this theory throughout the trial, although the judge conceded that it seemed bizarre and unfair. The defense lawyer repeatedly sought to inject what became known throughout the trial as the “question of good faith,” but was circumvented at almost every turn. What would thus seem to be the crux of any criminal trial—the personal fault of the defendant—was carefully shorn from the jury’s consideration. The government’s theory was so at odds with intuitive notions of liability and blame that, as one probes into the case, and looks at the language used in the government’s appellate briefs, imputations of moral fault inevitably crept in. Yet the government was not entitled to make such accusations, as it had pruned moral considerations from the trial. The article argues that the responsible corporate officer doctrine can never enjoy a secure place in our legal system. First, the doctrine is at a minimum in tension with, and often in direct opposition to, basic principles of the criminal law; and second, the doctrine fails, when followed to its logical conclusions, to accord with basic notions of fair play. The article concludes that the responsible corporate officer doctrine is either unnecessary, in cases in which the evidence establishes personal fault, or unjust, in cases in which it creates liability in the absence of personal fault through the unspecified notion of “responsibility.” The Dotterweich case illustrates what is contemplated by the latter possibility, and why it is problematic in any judicial system that purports, in the words of the Model Penal Code, “to safeguard conduct that is without fault from condemnation as criminal.”. (shrink)

This issue of The Journal of Medicine and Philosophy is unified by a theme of what contributes to and detracts from patient well-being. I highlight this unifying thread through five of this issue’s contributions, dividing them according to whether they are predominantly about what diminishes or enhances the well-being of patients. Three of them are more directly relevant to whether certain actions diminish well-being, and two of them touch more closely on what promotes well-being. Although these papers are generally focused (...) on what is good or detrimental for patients, their insights are also relevant to the nature of human flourishing. (shrink)

The article examines how the rules on formation of contract and on mistake, contained in the various transnational model rules that have been published over the past two decades, have taken shape. The approach adopted here is based on an analysis of the ‘textual stratification’ of European private law. The relevant instruments (Convention on Contracts for the International Sale of Goods, Principles of European Contract Law, UNIDROIT Principles of International Commercial Contracts, Draft Common Frame of Reference, Principes contractuels (...) communs) are analysed and compared in their historical sequence. To what extent and why have the texts been transformed in the process? The article demonstrates that there is a very considerable common ground reflecting the state of the art of comparative research in these fields over the past hundred years. It also highlights issues on which consensus must still be reached and it suggests patterns towards reaching such consensus. It is argued that the Principles of European Contract Law, rather than the Draft Common Frame of Reference, should provide the point of departure for future discussions. The scene for the article is set by a critical examination of the concepts of contract and legal act, as used in the Draft Common Frame of Reference. (shrink)

According to Islamic law, there are rules and prohibitions that Muslims must follow in their actions and transactions. The prohibition of interest has been decisive in many actions, especially in debt. Accordingly, Muslims cannot put forward a condition of interest in their debt, nor can they take any transactions under this condition. Many jurists viewed interest not only as an excess of the debt but also as any benefit that the creditor would receive from the debtor other than the amount (...) of the loan, and they evaluated it within the scope of interest. Since the lender of “qard”, which is generally used to define the debt, should not receive anything in return and should expect its reward from Allah, this was called “qard al-hasen”, quoting the relevant verses of the Qur’an, and Muslims tried to meet their credit needs through qard al-hasen. However, in some cases, people had difficulty obtaining the credit they needed, and especially in the modern period, the need for credit has increased both individually and institutionally. Therefore, Muslims tried to meet their need for qard by resorting to different ways within the limits of the Shariʽah. While applications based on transactions such as sukuk, mudaraba and murabaha and those based on intermediary transactions such as the purchase and sale of goods or partnerships were developed, applications based on direct debt without resorting to such transactions remained almost non-existent. However, from the expressions in the books of classical fiqh, it is understood that the juʽalah, which is defined as “promising a reward in return for an action”, can be used for obtaining qard under certain conditions. In this type of juʽalah, which can be named as juʽalah ala al-iqtirad, a person in need of qard promises a certain reward from third parties to the person who provides him qard. Considering that there is a qard in question in this transaction and that the debtor pays more than the qard he has received, it is necessary to examine the opinions about this transaction's relationship with interest and its validity. The main focus of the research will be answers to questions such as the conditions that the aforementioned juʽalah transaction must meet to be valid, in what ways this transaction differs from interest-bearing transactions, and within which limits. (shrink)

According to some commentators of the Iranian Civil Code, the definition of sale stated in Article 183 is influenced by Article 1101 of French Civil Code. They have concluded that the essence of sale is confined to mutual consent, i.e. the sale would not be valid without the consent of either party. They have taken even a step further and considered the contents of Article 338 of the civil code, which describes contract of sale, contradictory to (...) Article 183 and argued that the sale of a specified concrete object is not contained in Article 183 while the sale of unascertained goods is obliged to that article. They believe that the definition of Article 183 of civil code excludes not only all commitments, but also swap contracts because there are two mutual commitments and two agreeing legal contracts in a swap contract while there is no mentioning of them in Article 183. However, the objections are not rightfully lodged because first, the contracts and obligations are not incompatible with the definition of Article 338 as the seller and the buyer within a contract of sale are obliged to give authority to the other party over the object of sale or the price. It means that there are two commitments and the obligation of the seller to give authority over the object of sale appears in two ways: dominion over concrete object while making a transaction and dominion over non-specified object with the obligation that it does not attend to fulfil possession by the time of the sale. Secondly, Article 183 contains the phrase “their acceptance” which includes swap contract too because this phrase indicates that the acceptance is mutual. (shrink)

Anti-commodification theorists condemn liberal political philosophers for not being able to justify restricting a market transaction on the basis of what is sold, but only on the basis of how it is sold. The anti-commodification theorist is correct that if this were all the liberal had to say in the face of noxious markets, it would be inadequate: even if everyone has equal bargaining power and no one is misled, there are some goods that should not go to the (...) highest bidder. In this paper, I respond to the anti-commodification critique of liberalism by arguing that the political liberal has the wherewithal to account not only for the conditions under which goods should not be sold, but also for what kinds of goods should not be for sale in a market economy. The political liberal can appeal to a principle of equal basic rights, and to one of sufficiency in basic needs and the social bases of self-respect, I argue, to account for what’s problematic about markets in civic goods, necessary goods, and physical goods including body parts and intimate services. (shrink)

The Community FoodBank of NJ was a $100 million charitable organization that distributed over 44 million pounds of food each year through its partner organizations like food pantries, soup kitchens and the like. Its mission was to “fight hunger and poverty in New Jersey [USA] by assisting those in need and seeking long term solutions.” In a time of governmental cutbacks and shrinking private donations, the nonprofit sought new sources of revenue. One idea was to leverage perishable bakery donations and (...) an in-house commercial kitchen, by creating and marketing an up-scale bagel crisp. After product development and market testing, the resulting business plan won a “Break the Gala Addiction” cash prize from the Prudential Foundation to further the social entrepreneurship effort. Now the organization needs to decide if it should use its scarce resources to scale the business internally—to maximize job creation, leverage existing facilities and capture all the revenue, or if it should outsource production and distribution for a percentage of sales so that it can focus on other efforts more tightly aligned to its mission. Students are encouraged to use ethical frameworks to think through the nonprofit’s dilemma. (shrink)

In this study, we examine the equity premium of seventeen nonfinancial sectors covering sample 306 firms using monthly data from January 2002 to December 2018. Two-stage least square method is applied to estimate the macro-based multifactor model. It is found that the market premium and the interest rate factors are significantly affecting the industry equity premium of all the nonfinancial sectors. However, there exists a positive effect of other macroeconomic variables such as money supply, foreign direct investment, and industrial production (...) which is different for the different sectors based on its nature of product and services they offered. The industries based on their product development which are linked to particular macroeconomic variables have more effect than others such as increase in money supply which cannot increase the sale of pharmaceutical products until needed. Similarly, an interesting insight reveals that industries producing seasonal goods, e.g., food producing, are not very much affected by macroeconomic variables but the change in seasons and similar results also revealed for tobacco industry. (shrink)

In a legal expert system based on CBR (Case-Based Reasoning), legal statute rules are interpreted on the basis of precedents. This interpretation, because of its vagueness and uncertainty of the interpretation cannot be handled with the means used for crisp cases. In our legal expert system, on the basis of the facts of precedents, the statute rule is interpreted as a form of case rule, the application of which involves the concepts of membership and vagueness. The case rule is stored (...) in a data base by means of fuzzy frames. The inference based on a case rule is made by fuzzy YES and fuzzy NO, and the degree of similarity of cases. The system proposed here will be used for legal education; its main area of application is contract, especially in relation to the United Nations Convention on Contracts for the International Sale of Goods (CISG). (shrink)

When the state buys and then provides to the citizens goods and services, the state may certainly choose to audit, independently and comprehensively, the quality of the goods and services so provided, particularly when citizens are reporting back that the goods or services are causing unwanted, deleterious effects. This principle applies to intellectual property -- information -- education -- as well as to other goods and services. In particular, it applies to the theory of evolution as (...) taught by the state in its schools, colleges, and universities. A substantial public has long expressed concern; and the state may properly respond to that concern. Naturally, the state would never allow the vendor of goods and services to dictate that only its employees, or others whom it effectively controls, may be allowed to conduct audits. Indeed, persons substantially subject to the control of the vendor are the last possible choices to serve as independent auditors. The conflict-of-interest is well-recognized regarding information and opinion services: a huge problem arose with the big national auditing firms when they also established management consulting divisions -- the auditors tended to report favorably about companies and projects on which their own management consultants were involved. Yet the science community quite bluntly and openly proclaims that only its members -- persons it controls -- may function as auditors of the quality of scientific statements and propositions. They do this by asserting that only scientists may declare what is, or is not, scientific. Now it may be true that within any company, only employees of that company may properly develop the products that the company sells, and only they may deliver the company's statements regarding the quality of its own products. But when a company sells its products outside of itself, to others, such as the government, it may not impose as a condition of sale that only its employees may continue to render opinions about the quality of the product. When the science community actively urges the government to take-up and re-distribute its product, it necessarily surrenders any claim to a monopoly over auditing the product. A difficulty of conducting truly independent audits of science product vended to the government for delivery to the people lies in the fact that to-date, there is no systematic program of developing and training people to serve as such independent auditors. The closest group of people to rely on for this would be lawyers who, in litigation, have developed the ability to cross-examine expert witnesses in cases such as patent cases, or product-liability cases, or other litigations that involve expert testimony in advanced academic fields. This paper outlines a program by which states can conduct appropriate independent audits of evolution as vended to the state by the science community. (shrink)

This paper revisits the issue of gender stereotypes in sales professions given new views of what makes for effective sales performance and sales management. Women's continued disadvantaged position in the sales profession is documented, and the role of gender role stereotypes in sustaining this situation in the profession is examined. The paper then turns to the newly emerging, ostensibly "pro-female", view of sales. This emphasises the importance of building and sustaining relationships – qualities that women have traditionally been stereotyped as (...) "good" at. Despite the positive emphasis accorded to women's skills in this new sales landscape, the ethical problems which arise from constructing this debate around the issue of gender are explored. In particular, the extent to which the view of women as "good at relationships" constitutes a stereotype is examined, and the value of this stereotype for redressing women's disadvantaged position from the perspectives of justice and utility is set out. In the final part of the paper we look at potential avenues for future theory and research which may help bring into focus a new view of gender role stereotypes in sales. (shrink)

Commodification is a broad and crosscutting issue that spans debates in ethics (from prostitution to global market practices) and bioethics (from the sale of body parts to genetic enhancement). There has been disagreement, however, over what constitutes commodification, whether it is happening, and whether it is of ethical import. This chapter focuses on one area of the discussion in bioethics – the commodification of human tissue – and addresses these questions – about the characteristics of commodification, its pervasiveness, and (...) ethical significance – in order to clarify and map the commodificatory debate. The chapter does this in three parts. First, it defines commodification as the shift from “persons” to “things” and from “relationships” to services for “contract.” Second, using examples of kidney and gamete sale and commercial surrogacy, it argues that commodification is rife in bioethics. Third, it contends that commodification is an ethical problem for three key reasons: First, because it leads to exploitation; second, because some things should not be for sale; and third, because it damages social goods. The chapter concludes that commodification and commodificatory practices should be resisted. (shrink)

Being in force in 70 countries around the world and covering more than two thirds of world trade, the 1980 United Nations Convention on Contracts for the International Sale of Goods is considered to be the most successful convention promoting international trade. According to many commentators, this success is due to the fact that, amongst others, the Convention does not directly impact the domestic law of the various legal systems, as it applies only to international â?? as opposed (...) to purely domestic â?? contracts. The Convention, in other words, does not impose changes in the domestic law, which makes it easier for States to adopt the Convention. This does not mean, however, that the Convention does not have any impact on the domestic law at all. This book analyzes â?? through 24 country reports, as well as a general report submitted to the 1st Intermediate Congress of the International Academy of Comparative Law held in November 2008 in Mexico City â?? to what extent the Convention de facto influences the domestic legal system. In particular, the book examines the Convention's impact on legal education, on the practice of law, as well as on the style of court decisions. (shrink)

Futures contracts in agricultural commodities are an agreement to buy or sell a predetermined amount of agricultural commodities (such as wheat, corn, cotton, soybeans, live pork, live cattle, cocoa, etc.) at a specific price depending on the price on a specific date in the future. Futures contracts in agricultural commodities are carried out under “commodity futures contracts” on the futures exchange. These contracts are executed in two ways in terms of the delivery of the contract subject; physical delivery and cash (...) settlement. In the physical delivery, the underlying asset is physically received at the end of maturity. In our country, physical delivery method is used in futures contracts made on commodities. In the second contract method that results in cash settlement, there is no physical delivery of the underlying asset at the end of maturity. The transaction takes place over the settlement price at the end of maturity. Futures contracts in agricultural commodities can be analyzed in two categories in terms of Islamic law. First, within the scope of sales where both the goods and the price are on credit; the second is a combined contract that includes a promise to sell and a contract of sale when due. It is more convenient to analyze in the former because the agricultural commodities in the warehouse are kept ready to be delivered when due and the commodities price is also delivered on time. In this category, it resembles the sale of a credit on credit, which is prohibited in Islamic law. We can see that there are five parties within the exchange organization regarding the futures contracts in agricultural commodities; futures and options exchange, clearing house, brokerage houses, market participants, supervisory institutions. When the transactions of the related parties are examined in terms of legal capacity and power of representation; it is observed that brokerage houses transacting on behalf of sellers and customers operate by proxy. On the other hand, the Exchange, the Clearinghouse (Takasbank) and the custody warehouse within the scope of the exchange system; carries out transactions on behalf of the parties both as a proxy and a guarantor. Therefore, this futures transaction has the nature of containing more than one contract. When analyzed in terms of the establishment of the contract; if there are agricultural commodities that are considered as legitimate property of the Islamic law (mütekavvim), there is no objection regarding the parties and the offer-acceptance. In addition the delivery time of the commodity subject to the contract must be equal to the amount sold and the amount in the warehouse, which is guaranteed to be in the warehouse. In terms of invalid condition, one-sided benefit causing conflict for the parties contains something prohibited by the legal order. It is seen that it does not contain conditions contrary to the content of the contract and established practices. However, except for the condition that the collateral is retained with interest income in direct proportion to the period of stay in the Clearinghouse (Takasbank), in order to obtain the highest return. In terms of enforcement conditions, after the approval of the buyer and seller, transactions are carried out within the exchange system without asking for the right and approval of another person. Therefore, this contract can be considered as a running contract. In terms of the bindingness of this contract; at first glance, it can be seen as a mutual promise and non-obligatory promise based on the fact that the commodity and its price are not cash. But when the subject is examined in depth, it turns out to be a different situation. Because both parties are under mutual obligation by paying the guarantee stipulated by the Exchange, one party is obliged to deliver the commodity on time and the other party to deliver the price. In addition, the contract does not allow the parties to imagine the right. So, this contract can be considered as an obligatory contract. However, based on the current functioning futures contracts in agricultural commodities as a whole, it is considered unappropriate to Islamic law. In this study, first, the nature of futures contracts in agricultural commodities that are not deemed suitable for Islamic law in its current form are determined. Then, an analysis from the point of view of Islamic law was made and some offers were made for a model that was reconfigurated according to Islamic law. (shrink)

This article explores the major factors that negatively affect the corporate moral responsibility of the pharmaceutical industry to promote human dignity and the common good during COVID-19 applying the ethical lens of Catholic social teaching and structural analysis of sociology. Utilizing textual data from published peer-reviewed articles, books, and media and church documents, it argues that the financialization of Big Pharma and the weakening of state regulation due to conflict of interests and unethical campaign contributions by the pharmaceutical industry to (...) American legislators have resulted in corporate moral irresponsibility and the weakening of state regulation against profiteering in the sale of anti-COVID medicines and vaccines that can harm human dignity and the common good. It provides some recommendations on how to strengthen the state and non-state regulatory systems to protect human dignity and the common good during COVID-19. (shrink)

Over the past 10 years the sales of Fair Trade goods - particularly those carrying the Fair Trade Labelling Organizations International (FLO) certification mark - have grown exponentially. Academic interest in Fair Trade has also grown significantly over the past decade with researchers analysing the model from a wide range of theoretical perspectives. Whilst Fair Trade is generally acknowledged as a new supply chain model, it has tended to be studied at the micro/organisational level rather than at the macro/systems (...) level. As a consequence, its wider impact as institutional innovation at the field level appears to have been under-theorised so far. In order to address this research gap, this article uses a neo-institutionalist perspective to analyse Fair Trade not simply as a new exchange model working within existing organisational and economic structures, but rather as an agent of institutional entrepreneurship at, and beyond, the field level. From this latter perspective, Fair Trade brings a new set of transformational meanings to extant exchange and consumption models and reforms fields of economic exchange by disrupting and then re-assembling key institutional elements around modern consumption to roll back commodity fetishism and reconnect consumers and producers. The type of institutional change driven by Fair Trade can be seen as a form of social entrepreneurship. (shrink)