Introduction 1. Woman's Place in Man's Life Cycle 2. Images of Relationship 3. Concepts of Self and Morality 4. Crisis and Transition 5. Women's Rights and Women's Judgment 6. Visions of Maturity References Index of Study Participants General Index

In a Different Voice. Psychological Theory and Women’s Development. Cambridge, MA (Harvard University Press) 1982.

NUDGE: IMPROVING DECISIONS ABOUT HEALTH, WEALTH, AND HAPPINESS by Richard H. Thaler and Cass R. Sunstein Penguin Books, 2009, 312 pp, ISBN 978-0-14-311526-7This book is best described formally as a general explanation of and advocacy for libertarian paternalism, a term coined by the authors in earlier publications. Informally, it is about how leaders, systems, organizations, and governments can nudge people to do the things the nudgers want and need done for the betterment of the nudgees, or of society. It is paternalism in the sense that "it is legitimate for choice architects to try to influence people's behavior in order to make their lives longer, healthier, and better", (p. 5) It is libertarian in that "people should be free to do what they like - and to opt out of undesirable arrangements if they want to do so", (p. 5) The built-in possibility of opting out or making a different choice preserves freedom of choice even though people's behavior has been influenced by the nature of the presentation of the information or by the structure of the decisionmaking system. I had never heard of libertarian paternalism before reading this book, and I now find it fascinating.Written for a general audience, this book contains mostly social and behavioral science theory and models, but there is considerable discussion of structure and process that has roots in mathematical and quantitative modeling. One of the main applications of this social system is economic choice in investing, selecting and purchasing products and services, systems of taxes, banking (mortgages, borrowing, savings), and retirement systems. Other quantitative social choice systems discussed include environmental effects, health care plans, gambling, and organ donations. Softer issues that are also subject to a nudge-based approach are marriage, education, eating, drinking, smoking, influence, spread of information, and politics. There is something in this book for everyone.The basis for this libertarian paternalism concept is in the social theory called "science of choice", the study of the design and implementation of influence systems on various kinds of people. The terms Econs and Humans, are used to refer to people with either considerable or little rational decision-making talent, respectively. The various libertarian paternalism concepts and systems presented are tested and compared in light of these two types of people. Two foundational issues that this book has in common with another book, Network of Echoes: Imitation, Innovation and Invisible Leaders, that was also reviewed for this issue of the Journal are that 1 ) there are two modes of thinking (or components of the brain) - an automatic (intuitive) process and a reflective (rational) process and 2) the need for conformity and the desire for imitation are powerful forces in human behavior. …

Nudge: Improving Decisions about Health, Wealth, and Happiness

\"What are your assumptions (implicit as well as explicit) about the most effective way to manage people?\" So began Douglas McGregor in this 1960 management classic. It was a seemingly simple question he asked, yet it led to a fundamental revolution in management. Today, with the rise of the global economy, the information revolution, and the growth of knowledge-driven work, McGregor's simple but provocative question continues to resonate-perhaps more powerfully than ever before. Heralded as one of the most important pieces of management literature ever written, a touchstone for scholars and a handbook for practitioners, The Human Side of Enterprise continues to receive the highest accolades nearly half a century after its initial publication. Influencing such major management gurus such as Peter Drucker and Warren Bennis, McGregor's revolutionary Theory Y-which contends that individuals are self-motivated and self-directed-and Theory X-in which employees must be commanded and controlled-has been widely taught in business schools, industrial relations schools, psychology departments, and professional development seminars for over four decades. In this special annotated edition of the worldwide management classic, Joel Cutcher-Gershenfeld, Senior Research Scientist in MIT's Sloan School of Management and Engineering Systems Division, shows us how today's leaders have successfully incorporated McGregor's methods into modern management styles and practices. The added quotes and commentary bring the content right into today's debates and business models. Now more than ever, the timeless wisdom of Douglas McGregor can light the path towards a management style that nurtures leadership capability, creates effective teams, ensures internal alignment, achieves high performance, and cultivates an authentic, value-driven workplace--lessons we all need to learn as we make our way in this brave new world of the 21st century.

The Human Side of Enterprise.

Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy

Scholars in management and economics widely share the assumption that business firms focus on profits only, while it is the task of the state system to provide public goods. In this view business firms are conceived of as economic actors, and governments and their state agencies are considered the only political actors. We suggest that, under the conditions of globalization, the strict division of labour between private business and nation-state governance does not hold any more. Many business firms have started to assume social and political responsibilities that go beyond legal requirements and fill the regulatory vacuum in global governance. Our review of the literature shows that there are a growing number of publications from various disciplines that propose a politicized concept of corporate social responsibility. We consider the implications of this new perspective for theorizing about the business firm, governance, and democracy.

https://www.springer.com/cda/content/document/cda_downloaddocument/9783834931795-c1.pdf?SGWID=0-0-45-1347110-p174325274

The New Political Role of Business in a Globalized World: A Review of a New Perspective on CSR and its Implications for the Firm, Governance, and Democracy

Despite the dominance of organizations in contemporary social life, law is desperately short of techniques, doctrines and institutions that adequately respond to the social features of organizational entities, their impacts on stakeholders, their internal capacity for self-management, their capacity for diffusion and avoidance of accountability (see Dan-Cohen 1986: 13-14). Lack of corporate social and legal responsibility is not just a failure of corporate management. It is also a failure of legal regulatory institutions to interact with corporate organizations to make them open and permeable. Similarly, Community action often fails to permeate the corporate shell and engage with corporation's self-governance capacity. Corporate responsibility, or citizenship, is constituted in interaction between formal regulation (through the State), informal social action (the penumbra of democracy and institutions of civil society) and corporate self-regulation. The role of corporate Citizens is to use permeable, responsible self-regulatory mechanisms (which meet all the requirements of Chapter 8) in order to determine for themselves how to instantiate regulatory responsibilities, and what values to follow within the grey areas where sufficient consensus has not yet been reached in the broader polity. The role of legal and regulatory strategies is to add the ‘triple loop’ that forces companies to evaluate and report on their own self-regulation strategies so that regulatory agencies can determine whether the ultimate Substantive objectives of regulation are being met (safe workplaces, equal opportunity, improved natural environments, sustainable development, market strength, and so on) (see Figure 9.3 for a diagrammatic representation of the triple loop).

The Open Corporation: Meta-regulation: The regulation of self-regulation

[Law-makers, courts and regulators all assume that businesses’ compliance with the law is at least partly influenced by management’s rational calculations about the costs and gains of compliance and noncompliance. In this article, the authors use evidence from a survey of 999 large Australian businesses and these businesses’ experiences of compliance and enforcement under the Trade Practices Act 1974 (Cth) (‘TPA’) to examine how large Australian businesses perceive the costs and gains of compliance and noncompliance with the Act. First, the authors look at how serious these businesses perceive the threat of financial penalties, criminal convictions, and economic and social losses to be in the event of noncompliance, as well as whether they see benefits such as organisational learning as gains of compliance. Secondly, the authors examine whether enforcement action of the Australian Competition and Consumer Commission (‘ACCC’) or stakeholder criticism changes the way that these businesses calculate the costs and gains of compliance and noncompliance. The authors end by drawing some policy conclusions for the TPA and the ACCC.]

https://law.unimelb.edu.au/__data/assets/pdf_file/0008/1705706/32_2_6.pdf

How much does it hurt? How Australian businesses think about the costs and gains of compliance and noncompliance with the Trade Practices Act

In the last 12 months there have been a spate of stories in the press warning us of an impending “glut” of lawyers. The most frequently quoted “fact” is that there are as many law students as there are lawyers. Professor Bob Williams of Monash University has warned that the growing number of law students is a “potential catastrophe”, and the Queensland Attorney-General has predicted that “we will end up in the same situation as California, where large numbers of lawyers are wandering around ... looking to create work” by “ambulance chasing” or touting.
But further research into statistical trends for Australian lawyers and students indicates that the real story is more complex and less alarming than the headlines suggest. First, careful collection of statistics shows that it is simply not true that there are almost as many law students as lawyers in Australia. Secondly, the argument that there are too many law students is fundamentally flawed because it assumes that all law students become lawyers, without sufficiently defining the term “lawyers”. It also fails to take account of graduation rates, attrition from the profession and the number of graduates who do not remain in the law. Finally, reports of the student “glut” have taken an ahistorical approach to the statistics and failed to examine the past ratios of students to lawyers. 
The purpose of this paper is to set out the statistics as accurately as possible for analysis and planning. Accurate statistics on law students and where they go after graduation, as well as the composition of the legal industry, are necessary in order to plan for legal education and to make judgments on the future prospects of law graduates.

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An Oversupply of Law Graduates - Putting the Statistics in Context

This chapter revisits the significance of responsive regulation for theories of compliance. It shows how responsive regulation’s theory of compliance recognises both multiple motivations for compliance and plural actors who help negotiate and construct compliance. It argues that responsive regulation theory implies responsive compliance and that this can help build possibilities for deliberative democratic responsibility and accountability of both businesses and regulators. This is the idea that Parker previously labelled the meta-regulation of the “open corporation”. This chapter concludes that since business activity, and indeed human development, now face the existential challenge of socio ecological disruption and collapse in which profit oriented commercial activity is a significant driver, theories of compliance need to expand to concern themselves with how whole markets and industries can be made responsive to both social and ecological embeddedness. Regulatory compliance scholars need to pay attention to how networks of interacting business, government and civil society and social movement actors can influence business activity profoundly enough to shift the very nature of “business as usual”. The chapter therefore proposes the need for “ecological compliance” as a development of Ayres and Braithwaite’s analysis of compliance.

From Responsive Regulation to Ecological Compliance: Meta-regulation and the Existential Challenge of Corporate Compliance

In 2006, Christopher Dale leaked information about Clayton Utz’s internal investigation into the events surrounding the destruction of documents that would have been relevant and damaging to their client, British American Tobacco, in the 2002 McCabe litigation. This article uses this case study to examine whether lawyers can and should act as whistleblowers against colleagues and clients who abuse the administration of justice. We argue that although lawyers must have strong obligations of confidentiality to clients and others, their role as gatekeepers of justice also demands that they be allowed to blow the whistle when they have information about clients or other lawyers using legal services to subvert the administration of justice, and be protected when they do so. The article evaluates the circumstances in which such whistleblowing is appropriate and makes suggestions about how the law should be reformed by reference to three touchstones: the nature of the relationship between the lawyer and the wrongdoer; the nature of the wrongdoing itself; and, the process used to disclose the wrongdoing.

Christine Parker

Papers

The Open Corporation: Meta-regulation: The regulation of self-regulation

How much does it hurt? How Australian businesses think about the costs and gains of compliance and noncompliance with the Trade Practices Act

An Oversupply of Law Graduates - Putting the Statistics in Context

From Responsive Regulation to Ecological Compliance: Meta-regulation and the Existential Challenge of Corporate Compliance

Lawyers, Confidentiality and Whistleblowing: Lessons from the McCabe Tobacco Litigation