Unfair Terms in Contracts: Proposals for Reform in the UK

The English and Scottish Law Commissions have made radical proposals for simplifying UK law on unfair terms in consumer contracts, combining the Regulations that implement the Directive and the earlier legislation into a single instrument that is to be written in language that would be clear and accessible to consumers and businesspeople. The article discusses some of the difficult policy choices involved in combining the different approaches of the two existing instruments, what is needed in order to make the legislation understandable to the lay person, and the extent to which the case of Commission v The Kingdom of the Netherlands requires Member States to use the language of the Directive when implementing it. The Law Commissions also proposed to extend the broader controls found in the Directive to business-to-business contracts, but the proposals did not find favour with the business community.     

A non-co-operative bargaining model of membership expansion in a producer co-operative

This paper presents a non-co-operative bargaining model of membership expansion in a producer co-operative. The emphasis is on examining the distribution of the resulting surplus between the existing partners and the new member. In the presence of a number of alternative candidates, the existing partners can use the threat of switching negotiating partners to extract additional surplus from the negotiations. The degree of symmetry between the competing candidates necessary for these threats to be credible is specified, as is the nature of the dependence of the parties' payoffs on the various parameters of the model. Potential sources of misallocation within the model are identified.     

Business ethics: Restrictive or empowering?

There is a tendency in the business ethics literature to think of ethics in restrictive terms: what one should not do, and how to control this. Drawing on Lawrence Kohlberg's theory of moral development, the paper focuses on, and draws attention to, another more positive aspect of ethics: the capacity of ethics to inspire and empower individuals, as well as groups. To understand and facilitate such empowerment, it is argued that it is necessary to move beyond Kohlberg's justice reasoning so as to appreciate the value and importance of feeling and care. Accordingly, we draw upon case study material to review the meaning of Kohlberg's higher stages — 5, 6 and 7 — to question the meaning of ethical reasoning. With such deeper understanding of particular ethical codes or practices, it is thought that members of organisations may come closer to thespirit, as opposed to the letter, of ethical conduct in organisations. This, we argue, is consistent with the degree of trust and integrity demanded by leaner, post-bureaucratic ways of organizing and conducting business as well as being personally beneficial to the people involved.Bjørn Kjonstad has recently completed his Masters dissertation. He has subsequently been ordained in the Western Buddhist Order and is currently devoting himself full-time to the work of the Friends of the Western Buddhist Order.Hugh Willmott is Reader in the Manchester School of Management having previously held appointments at the Aston Business School and Copenhagen Business School. He has taken refuge in the Kagyu Order of Tibetan Buddhism. His most recent books have beenLabour Process Theory (Macmillan, 1990 co-edited with David Knights),Critical Management Studies (Sage, 1992, co-edited with Mats Alvesson) andSkill and Consent (Routledge, 1992, co-edited with Andrew Sturdy and David Knights) andMaking Quality Critical (Routledge, 1994 co-edited with Adrian Wilkinson). Their common theme has been a critical examination of the changing organization and management of work in modern society.     

On the commercialization of accountancy thesis: A review essay

Hanlon's thesis on the commercialisation of accountancy is examined in relation to contemporary changes in the organization of work and the concentration and Intelnationalization of the accounting industry. Attention is drawn to the tensions between Hanlon's empirical materials and his exegesis of theoretical debates. An appreciation of the value of his book for highlighting the wider significance of accounting to a shift from Fordist to more flexible forms of accumulation is balanced by a discussion of various limitations. These include the neglect of non-audit business undertaken by accounting firms, and the sketchy treatment of the links between these firms and other key players that have supported and legitimised the progressive commercialization of accountancy.     

Investigation of institutional changes in the UK housing market using structural break tests and time-varying parameter models

This paper investigates the effects of institutional changes within the UK housing market in recent decades using structural break tests and time-varying parameter models. This approach is motivated by models of institutional change drawn from the political science literature which focus on the existence of both fast-moving and slow-moving institutional changes and the interactions between them as drivers of the dynamics of asset prices. As a methodological contribution, we use several time-varying parameter models for the first time in investigations of institutional change. Our findings support the existence of both structural breaks and continuous variance in parameters. This contributes to our understanding of the housing market in two respects. Firstly, the dates of structural breaks appear to better match unexpected market shocks rather than remarkable political events, and this supports prior institutional theory. Secondly, assessment of the effect of slow-moving institutional changes shows that people’s biased expectations rather than the economic fundamentals have increasingly played an important role in driving housing prices in the short run although fundamentals continue to drive house prices to converge to their long-run equilibrium.     

The dark side of transfer pricing: Its role in tax avoidance and wealth retentiveness

In conventional accounting literature, ‘transfer pricing’ is portrayed as a technique for optimal allocation of costs and revenues among divisions, subsidiaries and joint ventures within a group of related entities. Such representations of transfer pricing simultaneously acknowledge and occlude how it is deeply implicated in processes of wealth retentiveness that enable companies to avoid taxes and facilitate the flight of capital. A purely technical conception of transfer pricing calculations abstracts them from the politico-economic contexts of their development and use. The context is the modern corporation in an era of globalized trade and its relationship to state tax authorities, shareholders and other possible stakeholders. Transfer pricing practices are responsive to opportunities for determining values in ways that are consequential for enhancing private gains, and thereby contributing to relative social impoverishment, by avoiding the payment of public taxes. Evidence is provided by examining some of the transfer prices practices used by corporations to avoid taxes in developing and developed economies.     

In search of the changing role of the corporate human resource function in the international firm

There has been considerable research on the issues of board-level representation by personnel/HR directors and senior HR managers' involvement in strategic decision making. Since the early 1990s there has been a growing interest in international HRM, reflecting the growing recognition that the effective management of human resources internationally is a major determinant of success or failure in international business. There is also evidence that HR constraints often limit the effective implementation of international business strategies. More recently, it has been argued that the more rapid pace of internationalization and globalization leads to a more strategic role for HRM as well as changes in the content of HRM. Yet, while there have been some attempts to integrate international corporate strategy and human resource strategy, surprisingly, the role of the corporate human resources function has been neglected, particularly in the context of the international firm. This article seeks to redress the balance. The question addressed is: what is the role of the corporate HR function in the international firm? To answer these questions empirical research was conducted in thirty UK international firms. We found an emerging agenda for corporate HR in international firms which focuses on senior management development, succession planning and developing a cadre of international managers. We conceptualize this as a strategic concern with developing the core management competences of the organization, and argue that it can be usefully analysed from the perspective of the learning organization.     

Understanding contemporary marketing: Development of a classification scheme

The term Relationship Marketing has been used in a multitude of ways to describe and define marketing in the contemporary environment. This has led to the term being loosely defined and applied in the literature, resulting in frustration for both researchers and practitioners. Therefore, a classification scheme is developed from analysis of the extant literature, and used to systematically examine the meaning of marketing across twelve dimensions which reflect issues related to marketing practice. From this scheme, the authors identify two ‘perspectives’ of marketing, which encompass four distinguishable ‘types’ of marketing. Implications for future research in the area are discussed.