当代中国司法的商谈之维

在经济全球化﹑价值多元化的背景下,在中国如何寻求司法的确定性和正确性,重塑司法权威,维护社会的公平正义,成为迫切需要解决的课题。当代著名法学家哈贝马斯提出只有通过一种程序主义﹑独立于道德商谈的法律商谈理论,才能使司法判决既具有自洽性又具有合理性。因循哈贝马斯的理论,笔者提出了在法律商谈理论视角下司法理论发生的两大变化,即司法的根据和司法正当性的变化,同时对中国式的能动司法进行反思,并为构建当代中国的商谈式司法提出一些具体设想。     

西方两种不同类型的组织伦理决策模型研究

在西方的企业伦理研究中,企业伦理决策研究一直吸引着很多学者的注意,西方企业伦理决策研究的成果集中体现在两类不同的伦理决策模型(基于伦理原则的决策模型与基于决策心理过程的决策模型)的构建及其验证上.文章通过对具有代表性的,两种不同类型的伦理决策模型的介绍,讨论了国外企业伦理决策研究的主要成果、特点与不足,以及它们对于企业...     

试析员工离职商谈现场的社会工作者参与

由于市场的竞争逐渐加强,企业的人才流动与越来越频繁,成为经济生活当中的正常现象,企业员工的离职现象也越来越普遍。企业较高的离职率将导致企业人才的大量流失,损害企业的利益,制约企业的长远发展。因此,社会工作者介入员工离职,同离职员工进行商谈具有为员工谋求福利、为企业留住人才,是企业长远发展的需求。但是,在实践过程当中,社会工作者与离职员工的商谈存在:社会工作的价值观和企业之间的冲突、社会工作与企业科层制之间的冲突和企业员工对社会工作的误解等方面带来的工作阻碍。因此,需要从平衡企业与员工之间的利益、企业赋权于社会工作者和社会工作者积极融入企业环境等方面进行努力,较少、消除社会工作者与离职员工之间的商谈阻碍,确保商谈工作的顺利进行。     

关于企业伦理的哲学透视

文章从哲学的角度,通过总结马克思经济伦理思想的理论和现实意义,分析当前我国企业伦理的现状,从企业伦理的主体、特质、价值诉求三个方面透视企业伦理的辩证哲学思想,进而提出了企业伦理建设的参考性途径,旨在进一步引起全社会及各类企业的重视,推动市场经济下企业文明的发展.     

论强化企业伦理管理的途径

本文首先分析了企业伦理管理发展的不同阶段,其次研究了我国企业自身如何加强伦理管理,最后探讨了从外部强化企业伦理管理的措施。     

企业伦理价值体系的有效建设——以HG矿业为例

以HG矿业为例对HG矿业2010年污染事件进行分析,引出建设有效的企业伦理价值的意义,用"信誉战略"对HG矿业进行了企业伦理价值的构建和实施措施。     

企业伦理助动下的企业延续发展问题探讨

企业发展在构建和谐社会中具有举足轻重的作用,而企业伦理反作用于企业延续发展.伦理是处于道德最底线的一种人与人之间的关于性、爱以及普遍自然法则的行为规范这种行为规范不便明文规定,而是约定俗成的,并且随着道德标准的普遍上升而呈上升趋势.企业是社会中一个重要的组成部分,企业的存在对社会发展、人们的生产生活都会产生极大的影响,它关乎国计民生本文针对企业发展与社会发展的共生双赢,分析了伦理学的概念与它立足未来、促进社会发展的本质分析了企业在发展中存在的满足需求与消耗资源的矛盾,认为过度消耗资源就是消耗企业的未来,论证了企业发展要受伦理的限制;企业要考虑企业伦理制定相应决策,既保证企业发展又有助于社会发展企业延续发展要遵循自然之道,不仅做到尽美,更要做到尽善.     

国际贸易商谈中报价计算与策略的案例分析

在国际贸易商谈中,买卖双方都期望能够达成理想价格以获得最大收益。外贸业务员在国际贸易业务中,能够根据成本,费用和预期利润来计算进出口价格,并结合一些报价策略,就能够更准确可靠地对外报价,并根据客户反应以及己方的销售预期来确定最终的成交价格。以下以一外贸公司的对外报价案例来详细介绍国际贸易商谈中的报价策略。     

企业伦理:物流业健康发展的精神动力

面对物流活动内外关系的新情况和新挑战,行业自律的呼声高涨,物流伦理被提上日程.打造物流企业伦理,建立以诚信为核心的物流伦理体系,使物流伦理与竞争优势之间形成一种正相关关系,有助于增强企业内部凝聚力,有利于关照合作各方利益,有利于为顾客提供满意的服务并提高行业的社会信誉度,进而赢得顾客,创造效益.因此,物流企业要提高竞争力,必须打造自己的伦理优势,进而转化为企业竞争优势.一要以提升服务质量为抓手赢得顾客.二要诚信守法经营,提高经营者素质,三要勇于承担社会责任,营造更加和谐的发展环境,四要以伦理文化为核心建设物流企业文化,夯实生存基础.     

A Critical Perspective of Integrative Social Contracts Theory: Recurring Criticisms and Next Generation Research Topics

During the past ten years Integrative Social Contracts Theory (ISCT) has become part of the repertoire of specialized decision-oriented theories in the business ethics literature. The intention here is to (1)␣provide a brief overview of the structure and strengths of ISCT; (2) identify recurring themes in the extensive commentary on the theory including brief mention of how ISCT has been applied outside the business ethics literature; (3) describe where research appears to be headed; and (4) specify challenges faced by those who seek to reform ISCT. Key themes in the critiquing literature relate to (a) the identification process for hypernorms; (b) justification of the recognition of hypernorms; (c) proposals for considering meso or meta norms; (d)␣clarification of the relationship between stakeholder concepts and ISCT; (e) problems with potentially unoccupied moral free space; (f) sources of ethical obligation within the ISCT framework; and (g) the potential role for concepts of stakeholder dialogue and engagement. Thomas Dunfee is the Kolodny Professor of Social Responsibility at The Wharton School of the University of Pennsylvania. He is a former president of the Academy of Legal Studies in Business and the Society for Business Ethics. He is a former director of the Wharton Ethics Program and the Carol and Lawrence Zicklin Center for Business Ethics Research. Professor Dunfee has written widely on topics in business law and business ethics.     

Integrative Social Contract Theory and Urban Prosperity Initiatives

Urban communities in 21st century America are facing severe economic challenges, ones that suggest a mandate to contemplate serious changes in the way America does business. The middle class is diminishing in many parts of the country, with consequences for the economy as a whole. When faced with the loss of its economic base, any business community must make some difficult decisions about its proper role and responsibilities. Decisions to support the community must be balanced alongside and against responsibilities to owners, shareholders and relevant “stakeholders” in a relatively new context. Corporations in urban communities “hollowed out” by white flight or urban sprawl must decide what level of support they can and should provide. This paper examines corporate decisions within the emerging urban prosperity initiatives, using the framework of integrative social contract theory proposed by Donaldson and Dunfee. We suggest that urban prosperity initiatives present a mandate on corporations sufficiently strong as to qualify as an authentic norm. Further, we argue that strict adherence to a corporate bottom line approach or “corporate isolationism” is not congruent with contemporary community standards. Anita Cava is an Associate Professor of Business Law at the University of Miami’s School of Business Administration and serves as Co-Director of the University of Miami’s Ethics Programs, a university-wide entity that promotes research, teaching and service across the disciplines in areas of ethical interest and concern, and Director of Business Ethics Programs in the SBA. Professor Cava received her B.A. with Distinction from Swarthmore College and her J.D. from New York University School of Law, where she was a Hays Fellow. She joined the faculty after several years in private practice in Washington, D.C. and Miami. Her experience ranged from national employment cases to commercial and consumer litigation. Professor Cava’s teaching specialties are the legal environment of business and business ethics; here research interests concern legal and ethical aspects of healthcare administration, business ethics and employment issues. She has published in law reviews and business journals on such topics as “Advance Directives: Taking Control of End of Life Decisions,” “Law, Ethics and Management: Toward an Effective Audit” and “The Collision of Rights and s Search for Limits: Free Speech in the Academy and Freedom from Sexual Harassment of Campus”. Recipient of several School of Business Administration Excellence in Teaching Awards, Anita Cava was honored in 1996 by a University-wide Excellence in Teaching Award. She regularly teaches in UM’s well-known Executive MBA Program and has received Teaching Awards from these adult students as well. A frequent speaker on the topic of Business Ethics and Corporate Compliance, Professor Cava’s audiences have included community groups, management trainees, top executives of several corporations, the Greater Miami Chamber of Commerce Goals Conference and Leadership Florida, among others. Don Mayer teaches ethics, legal environment of business, and environmental law at Oakland University in Rochester, Michigan. He is a full professor in the Department of Management and Marketing at the School of Business. He attended Duke University Law School (J.D., 1973) and Georgetown University Law Center (Master of International and Comparative Law, 1985) and practiced law in North Carolina from 1975–1990 after serving in the United States Air Force from 1973–75. He has taught as a visiting professor at the University of Michigan, California Polytechnic State University, and the University of Iowa. He has been at Oakland University since 1990 and served as Associate Dean in 2000 and 2001. Professor Mayer has published in related areas of international law, environmental law, and corporate ethics. Recent publication include “Fort’s ‘Business as Mediating Institution’-A Holistic View of Corporate Governance and Ethics,” in 41 American Business Law Journal (Summer 2004), “Yes! We Have No Bananas: Forum Non Conveniens and Corporate Evasion,” Academy of Legal Studies International Business Law Review, vol. 4, at 130 (2004), and “Corporate Governance in the Cause of Peace: An Environmental Perspective,” Vanderbilt Transnational Law Journal, Vol. 35, No. 2 (March 2002). An article on corporate free speech and the Nike v. Kasky case is forthcoming in the Business Ethics Quarterly.     

Professional Ethical Standards,Corporate Social Responsibility,and the Perceived Role of Ethics and Social Responsibility

This study explored several proposed relationships among professional ethical standards, corporate social responsibility, and the perceived role of ethics and social responsibility. Data were collected from 313 business managers registered with a large professional research association with a mailed self-report questionnaire. Mediated regression analysis indicated that perceptions of corporate social responsibility partially mediated the positive relationship between perceived professional ethical standards and the believed importance of ethics and social responsibility. Perceptions of corporate social responsibility also fully mediated the negative relationship between perceived professional ethical standards and the subordination of ethics and social responsibility. The results suggested that professions should develop ethical standards to encourage social responsibility, since these actions are associated with enhanced employee ethical attitudes. Sean Valentine (D.B.A., Louisiana Tech University) is an Associate Professor of Management in the College of Business at the University of Wyoming. His research interests include ethical decision making, organizational culture, and job attitudes. His research has appeared in journals such as Human Relations, Behavioral Research in Accounting, Journal of Personal Selling & Sales Management, and Journal of Business Research. Gary Fleischman (Ph.D., Texas Tech University) is an Associate Professor of Accounting and the McGee Hearne and Paiz Faculty Scholar in Accounting at the University of Wyoming. His teaching expertise is in accounting and entrepreneurship, and his research interests are in business ethics and behavioral business research. He has published in journals such as Behavioral Research in Accounting, The International Journal of Accounting, and Journal of Business Ethics.     

An Ethical Framework for the Marketing of Corporate Social Responsibility

Purpose The purpose of this paper is to develop an ethical framework for the marketing of corporate social responsibility. Methods The approach is a conceptual one based on virtue ethics and on the corporate identity literature. Furthermore, empirical research results are used to describe the opportunities and pitfalls of using marketing communication tools in the strategy of building a virtuous corporate brand. Results/conclusions An ethical framework that addresses the paradoxical relation between the consequentialist perspective many proponents of the marketing of CSR adopt, and ethical perspectives which criticize an exclusive profit-oriented approach to CSR. Furthermore, three CSR strategies in relation to the marketing of CSR are discussed. For each CSR strategy it is explored how a corporation could avoid falling into the promise/performance gap.     

Ties that Unwind: Dynamism in Integrative Social Contracts Theory1

Social contract theory offers a powerful method and metaphor for the study of organizational ethics. This paper considers the variant of the social contract that has arguably gained the most attention among business ethicists: integrative social contracts theory or ISCT [Donaldson and Dunfee: 1999, Ties That Bind (Harvard Business School Press, Boston)]. A core precept of ISCT – that consent to membership in an organization entails obligations to follow the norms of that organization, subject to the moral minimums of basic human rights – is a reasonable and appealing notion. One potential challenge for those attempting to apply this idea, however, lies in the dynamic nature of social norms. Organizational norms evolve, often through the conscious efforts of community members and leaders. As currently formulated, ISCT offers a framework that under-appreciates the evolving nature of moral norms. In this paper, we extend ISCT by considering the circumstances under which the terms of and parties to social contracts change. We also consider a number of principles that should be considered as the terms and parties to organizational social contracts change.     

Consumers' Perceptions of Corporate Social Responsibilities: A Cross-Cultural Comparison

Based on a consumer survey conducted in France, Germany, and the U.S., the study investigates consumers' readiness to support socially responsible organizations and examines their evaluations of the economic, legal, ethical, and philanthropic responsibilities of the firm. French and German consumers appear more willing to actively support responsible businesses than their U.S. counterparts. While U.S. consumers value highly corporate eco-nomic responsibilities, French and German consumers are most concerned about businesses conforming with legal and ethical standards. These findings provide useful guidance for the efficient management of social responsibility initiatives across borders and for further academic inquiries.     

Reasoning about Responsibilities: Mining Company Managers on What Stakeholders are Owed

Stakeholder theories propose that managers are responsible not only for maximizing shareholder value, but also for taking into account the well being of other parties affected by corporate decisions. While the language of stakeholder theory has been taken up in industries like mining, controversy remains. Disagreements arise not only about the apportionment of costs and benefits among stakeholders, but about who counts as a stakeholder and about how "costs" and "benefits" are to be conceived. This paper investigates these questions empirically by examining how managers in one mining company talk about corporate responsibilities and by analysing the explicit and implicit values systems and moral logics which inform this talk. The investigations discovered that while some claims by stakeholder groups were readily accommodated by managers, others were not. Analysis of the value frameworks employed by the mangers confirms the views of leading stakeholder theorists that stakeholder theory is grounded in the realities of management practice and behaviour.     

Corporate Social Responsibility Audit: From Theory to Practice

This research examines the possibility of developing a new corporate social responsibility (CSR) auditing system based on the analysis of current CSR literature and interviews conducted with a number of interested and knowledgeable stakeholders. This work attempts to create a framework for social responsibility auditing compatible with an existing commercially successful environmental audit system. The project is unusual in that it tackles the complex issue of CSR auditing with a scientific approach using Grounded Theory. On the evidence discovered to date in the literature review and the interviews, CSR seems to be perceived by many as the social strand of sustainable development. However, there is far less agreement regarding its measurement. Both the literature review and the interview analysis indicate that developing an applied CSR auditing procedure will be a challenging task. This is principally due to the lack of formal study of this complex subject, which, despite the widespread debate it has engendered, still lacks a single and broadly accepted definition. The concepts developed from the findings of this research, together with the key factors identified in a literature review of CSR, were developed into a prospective CSR audit protocol.     

Multinational Corporations and Local Communities: A Critical Analysis of Conflict

As conflict between multinational corporations and local communities escalates, scholars, executives, activists, and community leaders are calling for companies to become more accountable for the impact of their activities on external stakeholders. In order for business to do so, managers must first understand the causes of conflict with local communities, and communities must understand what courses of action are available to challenge activities they deem harmful to their interests. In this article, I present a framework for examining the factors that contribute to multinational and community conflict including stakeholder power inequality, stakeholder perception gaps and cultural context. Moreover, I describe some of the ways that communities can increase their leverage in conflict situations.