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

Introduction As we saw in the previous chapter, the different roles of criminal defence and prosecution lawyers are clearly delineated by the very nature of a criminal trial as a public forum for determining guilt and innocence and upholding the Rule of Law. In civil litigation, however, the nature of the process and the roles and responsibilities of the lawyers are more ambiguous. Lawyers play a number of roles in civil matters which can range from aggressive advocacy in fully litigated civil trials to deal-maker and representative in negotiating the legal structure of multi-party collaborative commercial projects. Lawyers may act on behalf of clients in formal mediation or informal negotiations to settle civil matters. They may also provide advice, guidance and practical help in pro-actively managing and structuring commercial, domestic or governmental transactions and affairs to avoid disputes. There is a public interest in maintaining the fairness and justice of the court system and the legal decisions emanating from that system. Lawyers therefore have an overriding duty to the administration of justice. In recent times it is also increasingly recognised that there is a public interest in the encouragement of efficient and efficacious dispute resolution without recourse to court where possible. Therefore, even in private negotiations and alternative dispute resolution, lawyers have a duty to the administration of justice, grounded in responsible lawyering . Lawyers are also, however, representatives of their clients who have a private interest in having disputes concluded in certain ways. When a person needs to use a lawyer, they are often in the midst of conflict and not always at their most altruistic or rational. The work that clients ask their lawyers to do may be aimed at cutting across the interests and positions of other people. People need lawyers precisely because of the conflicts we face as we live together in society. Surveys show that people tend to be critical of lawyers in general but very favourable towards their own lawyer: they condemn lawyers for doing for others what they praise them for doing for themselves – being adversarial advocates.

Civil Dispute Resolution and Excessive Adversarialism

Introduction The profession, the legal system and society have all traditionally seen it as a cornerstone of professional responsibility that lawyers serve each client's interest loyally, carefully and confidentially. Clients need to be able to trust their lawyers to provide advice and represent them in the legal system loyally and uninfluenced by any concern other than the client's interests. We examine lawyers’ obligations to avoid situations involving a conflict of interest between a lawyer's personal interest and their duty to a client, or a conflict of duties owed to two or more clients, in Chapter 7. Lawyers also owe a general duty of care to their clients. Many of the most common client complaints against lawyers to independent regulators relate to everyday breaches of the duty of care, such as failures of lawyers to communicate with their clients in a clear and timely manner. Gross breaches of care can be subject to disciplinary action, and clients can also sue lawyers for negligence or breach of contract if they do not take reasonable care to protect and advance their clients’ interests, and to perform their legal work competently. We discussed the complaints and discipline system in Chapter 3. The topic for this chapter is the third duty, confidentiality : the obligation to keep secret all communications made by the client to the lawyer about his or her affairs and all the information learned about the client directly or indirectly during the professional relationship (subject to various exceptions to be discussed below). The first part of the chapter argues that strong obligations of confidentiality support the lawyer's role as zealous advocate and officer of the court, but that there must be ethical limitations in some circumstances. Next we show that the concept of confidentiality has become quite tenuous in a world of surveillance, wired for instant disclosure and based on a communication and business model which feeds on demolishing all secrecy. Lawyers, as much as anyone, are caught up in the demand for instant, widely accessible and therefore transparent communication, and can forget that their primary stock-in-trade is that secrecy. We discuss cloud computing as a case in point, and explain how to limit the risk of disclosure of cloud-stored information. Using more case studies, we then examine the proper ideals of confidentiality and client legal privilege (‘CLP’).

Christine Parker

Papers

Civil Dispute Resolution and Excessive Adversarialism

Confidentiality: Boundaries and Disclosure