1.. HARD CASES 5. Legal Rights A. Legislation . . . We might therefore do well to consider how a philosophical judge might develop, in appropriate cases, theories of what legislative purpose and legal principles require. We shall find that he would construct these theories in the same manner as a philosophical referee would construct the character of a game. I have invented, for this purpose, a lawyer of superhuman skill, learning, patience and acumen, whom I shall call Hercules. I suppose that Hercules is a judge in some representative American jurisdiction. I assume that he accepts the main uncontroversial constitutive and regulative rules of the law in his jurisdiction. He accepts, that is, that statutes have the general power to create and extinguish legal rights, and that judges have the general duty to follow earlier decisions of their court or higher courts whose rationale, as l

Taking Rights Seriously

“Would you tell me, please, which way I ought to go from here?” Alice asked the Cheshire Cat. “That depends a good deal on where you want to get to,” said the Cat. “I don't much care where...” said Alice. “Then it doesn't matter which way you go,” said the Cat. (Carroll, 1983: 72)

Toward A Unified Conception Of Business Ethics: Integrative Social Contracts Theory

This review summarizes and critiques the empirical ethical decision-making literature from 1996–2003. One hundred and seventy-four articles were published in top business journals during this period. Tables are included that summarize the findings by dependent variable – awareness, judgment, intent, and behavior. We compare this review with past reviews in order to draw conclusions regarding trends in the ethical decision-making literature and to surface directions for future research.

A Review of The Empirical Ethical Decision-Making Literature: 1996–2003

Business ethics attracts increasing attention from business practitioners and academic researchers. Concerns over fraudulent behavior keep attentionfocused on ethics in businesses. The accounting profession pays particularattention to matters of ethical judgment. The profession has adopted a strictcode of conduct and many states require the passage of an ethics exam to gaincertification. The more that is understood about the relationship of gender and ethics, the better chance of education and training programs will bedesigned to improve ethical awareness and sensitivity. Prior studies have found that personal characteristics are an important aspect of cultural norms.This study analyzes the responses of students from eight different countries toquestions on their probable actions to an ethical dilemma.

The Importance of gender Across Cultures in Ethical Decision-making

This paper argues that knowledge sharing can be conceptualized as different situations of exchange in which individuals relate to each other in different ways, involving different rules, norms and traditions of reciprocity regulating the exchange. The main challenge for facilitating knowledge sharing is to ensure that the exchange is seen as equitable for the parties involved, and by viewing the problems of knowledge sharing as motivational problems situated in different organizational settings, the paper explores how knowledge exchange can be conceptualized as going on in four distinct situations of exchange denominated organizational exchange yielding extrinsic rewards, organizational exchange yielding intrinsic rewards, financial exchange, and social exchange. The paper argues that each situation of exchange has distinct assumptions about individual behaviour and the intermediaries regulating the exchange, and facilitating knowledge sharing should therefore be viewed as a continuum of practices under the influence of opportunistic behaviour, obedience or organizational citizenship behaviour.

/pdf/facilitating-knowledge-sharing-a-conceptual-framework-2ahc3144yw.pdf

Facilitating Knowledge Sharing: A Conceptual Framework

In this study, 191 subjects, 93 male and 98 female undergraduate business students, were asked to respond to a 51 item questionnaire to examine their perception of what constituted a "just society". The subjects agreed on 16 characteristics which a just society would have. Out of 51 there were only 10 statements whereon average responses showed significant differences based on gender.

Gender-based differences in perception of a just society

Book reviewPerception, opportunity and profit: Studies in the Theory of Entrepreneurship. By Israel M. Kirzner. Chicago: The University of Chicago Press, 1980. Pp. 239. Price: $15.00

This article reviews the emerging literature in behavioral economics from the standpoint of discoveries of interest to business practitioners. Behavioral economics is a new branch of the discipline which has become prominent only within the last decade. In spite of its short life span, behavioral economics has already produced insights into consumer behavior, the behavior of labor, managerial behavior and business ethics. The major findings are covered in this article.

Richard E. Hattwick

Papers

Gender-based differences in perception of a just society

Book reviewPerception, opportunity and profit: Studies in the Theory of Entrepreneurship. By Israel M. Kirzner. Chicago: The University of Chicago Press, 1980. Pp. 239. Price: $15.00

Behavioral economics: An overview

Morality, rationality and efficiency

Business ethics — Findings of a survey of America's business leaders