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.     

Some unresolved ethical issues in auditing

Independence is a fundamental concept to the audit. There is a clear relationship between independence and conflict of interest in all professions. This paper examines this relationship in the auditing profession and in the context of three specific practices. The paper analyses these practices by using the Davis model of conflict of interest. The results of this analysis give rise to some interesting questions for the ethical practices of the auditing profession.Sally Gunz teaches business law at the School of Accountancy, University of Waterloo, Waterloo Ontario. She is a former legal practitioner whose research interests include ethical and legal issues of concern to auditors and studies of the corporate counsel profession.John McCutcheon teaches accounting at the School of Business and Economics, Wilfrid Laurier University, Waterloo, Ontario. His research interests include analyses of alternate approaches to the liability of auditors for negligence and various issues in management accounting.     

How to prevent the division of the free-enterprise world

Two issues will need to be addressed constructively by the enlarged European Community if the multilateral trade negotiations foreshadowed to begin next year are not to founder. They relate, first, to the division of the free-enterprise world into economic spheres of influence and, secondly, to the isolation of commercial markets for temperate-zone farm commodities.     

Performance signals in the public sector: the case of health care

Although there are no traditional markets and money prices inthe public sector, consumers and providers may respond to signalsof organisational performance. We present a simple dynamic modelof the demand and supply for elective surgery in the UK NationalHealth Service in which waiting time acts as the prime indicatorof performance. The model is tested using a panel of quarterlydata for 123 English health authorities over an eight-year period.We find that supply is increasing and demand is decreasing inmeasures of the previous period waiting time. The results implythat health care systems which are rationed by waiting do respondto indicators of waiting times. The paper adds to the smallbut consistent body of research which demonstrates that publicsector systems respond to important aspects of reported performance.     

Are Academics Committed to Accounting Ethics Education?

This paper reviews the current commitment of accounting academics to teaching accounting ethics. In the course of the review it assesses the recent initiative of the American Accounting Association; namely, Ethics in the Accounting Curriculum: Cases and Readings, 1994. This collection of cases has not been widely adopted despite an identified lack of case materials available to those teaching accounting ethics. The question becomes whether the lack of adoption suggests that accounting academics are not particularly interested in incorporating ethical issues in the classroom or whether there are difficulties with the quality of the collection. The paper continues by examining the current state of research in accounting ethics and again asks what this tells us about commitment to teaching accounting ethics. While the conclusions of this examination are far from definitive, there are signs that all is not well with the accounting ethics discipline.     

Bringing competition to urban water supply*

This paper proposes a market‐based reform that would introduce competition into the provision of urban water. This proposal calls for a decoupling of infrastructure control and ownership of water whereby the property rights to water would be transferred to private hands. The proposal involves periodically allocation (e.g. by auction) of existing water stock held in urban catchments to virtual suppliers who then compete in providing bulk water. This change when coupled with effective third party access and retail competition would lead to a competitive market for the provision of urban water. The approach aims to address concerns over inefficient pricing and infrastructure provision under the current arrangement.     

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.