Ethics in Global Business and in a Plural Society

The contemporary confluence of globalization and ethical pluralism is at the origin of many ethical challenges that confront business nowadays, both in practice and in theory. One of the challenges arising from the development of globalization has to do with respect for cultural diversity. It is often said that the success of economic globalization tends towards social and cultural homogeneity. To the extent that cultural diversity is usually seen as a valuable reality, that global trend seems to contradict our efforts to respect ethical pluralism, both personal and cultural, within society. In this paper I argue that (a) ethical minimalism, despite its emphasis on tolerance and justice, does not take pluralism seriously into account in present-day society, and (b) ethical minimalism is not suited to balancing the homogenizing trend of globalization. Certainly ethical norms are necessary, but by no means are they sufficient in themselves to encourage either justice or tolerance; nor are they sufficient to inspire and encourage good practices and sound regulations. Instead, virtue-based ethics has the capacity of inspiring and encouraging good practices. Particularly, virtue-based ethics is able to inspire a serious dialogue about ethical and legal issues both in the public arena and within organizations.     

Rural Economies and Transitions to Capitalism: Germany and England Compared (c.1200–c.1800)

Based on a synthesis of the empirical scholarship on England and Germany, this paper demonstrates that in both regions, rural socio‐economic developments from c.1200 to c.1800 are similar: this period witnesses the rise to numerical predominance and growing economic significance of the ‘sub‐peasant classes’, which had a growing impact on the market as a result of their increasing market dependence, and from which – towards the end of the period – a rural proletariat emerged. Against the influential theory of Robert Brenner, it is argued that the period c.1200–c.1400 cannot really be categorized as ‘feudal’ according to Brenner's definition; and ‘agrarian capitalism’ does not adequately describe the socio‐economic system that obtained by the end of the sixteenth century. A genuine transition to capitalism is only evident from after c.1750, and can be found in Germany as well as in England; it is predicated both on ideological shifts and on the evolution of the rural proletariat, which is only found in large numbers by or after c.1800.     

Private Property or Several Control: A Rejoinder

Following Mises’s foundational paper, ‘Economic Calculation in the Socialist Commonwealth’, first published in 1920, writers in the Austrian tradition have argued that socialism is impossible, because under socialism there would be no private property in the means of production, and without that private property economic calculation could not take place. In the article ‘Economic Calculation: Private Property or Several Control?’, published in this journal in 2015, I argued that this was mistaken. Not private property, but several control, was required for economic calculation, and since several control is consistent with public ownership, this argument for the impossibility of socialism fails. Another article, ‘Private Property and Economic Calculation: A Reply to Andy Denis’, by Bylund and Manish, published in this issue of the Review of Political Economy, defends the traditional interpretation of Austrian reasoning, contending that my argument fails. My rejoinder re-states the issues, addressing, and, ultimately rejecting, the Bylund and Manish critique.     

The euro exchange rate during the European sovereign debt crisis – Dancing to its own tune?

This paper studies the determinants of the euro exchange rate volatility during the European sovereign debt crisis, allowing a role for macroeconomic fundamentals, policy actions and the public debate by policy makers. It finds that the euro exchange rate mainly danced to its own tune, with a particularly low explanatory power for macroeconomic fundamentals. The findings of the paper also suggest that financial markets might have been less reactive to the public debate by policy makers than previously feared. Still, there are instances where exchange rate volatility increased in response to news, such as on days when several politicians from AAA-rated countries went public with negative statements, suggesting that communication by policy makers at times of crisis should be cautious about triggering undesirable financial market reactions.     

借鉴与反思：我国相对独立量刑程序之确立

我国传统刑事审判没有明确区分定罪阶段和量刑阶段,这在一定程度上影响了量刑的公开透明性以及量刑调查与辩论的充分性,难以保证量刑的公正性和裁判的说服力。囚此,在立足我国现行刑事司法政策、立法与司法实践的基础上,借鉴英美等国量刑程序制度的合理内核,确立“相对独立”的量刑程序,是实现司法公正的必然要求。最高人民法院《关于规范量刑程序若干问题的意见》在全国的试行,标志着相对独立的量刑程序在我国正式确立。该司法解释对刑事庭审案件有区别地设置量刑审理程序;确立了检察机关的量刑建议制度、被告方和被害方量刑意见制度、裁判方说明理由制度等等,但这一改革方案仍需在实践中进一步探索与完善。     

对抗战初期关于高等教育方针争论的几点评价

抗日战争初期关于高等教育方针的争论,实质上是一场关于知识分子在国家危急存亡之时所应担当的角色和责任问题的讨论,是人们对特殊时期高等教育所作的独特思考。这场争论对推动国民政府制定＂平时教育＂政策起了促进作用,它使更多的人认识到：＂天下兴亡,匹夫有责＂,知识分子不仅是社会的＂匹夫＂,更是民族文化的承载者,他们的能量既在战时,更在战后。同时,这场争论还有助于人们深入认识大学的时代使命。此外,这场争论的结果对保护、发展我国现代高等教育事业,打破日本帝国主义灭亡中国文化的阴谋也起到了不可低估的作用。     

辩论主义与我国民事诉讼辩论原则的比较研究

辩论主义是大陆法系国家民事诉讼法学中规定当事人有权能和责任收集诉讼资料的一项原则,辩论主义仅是当事人主义的重要内容和必不可少的一环。本文旨在理清辩论主义乃是当事人主义诉讼模式特性的一个重要方面的反映,它与我国民事诉讼辩论原则有着根本的区别。     

Book Reviews

This article will investigate why German business leaders during the 1950s resisted the American lead for advanced management training but instead developed theirvery own model, the Baden-Badener Unternehmergespräche (BBUG). The article explains the origins, set-up and methods of the BBUG; it also analyses the background of the talks' participants during its first decade of existence. In so doing, it provides another viewpoint to the debate on the ‘Americanisation’ of German management in the post-war years.     

论民事诉讼中的证据共通原则——辩论主义与自由心证之协同

在民事诉讼中,为了获取胜诉判决,当事人通常会竭尽全力主张和举证。由于纠纷案件的复杂性、当事人以及代理人的诉讼技能参差不齐,当事人偶尔也会提出与己方主张相反,有利于对方当事人的证据。依据自由心证原则,在不违反辩论主义原则的情况下,法官可以通过证据共通原则做出自由的事实认定。证据共通原则是法官自由裁量权在证据认定程序中的体现,是民事诉讼中的一项重要的证据制度。