Codes of governance have mushroomed in contexts operating under a single, dominant institutional logic, such as publicly listed corporations. These codes act as institutional prescriptions that help spread best practices throughout industries. More recently, in some countries, specific codes have been developed for hybrid organizations that integrate multiple, conflicting institutional logics simultaneously, such as cooperative enterprises. Drawing on an extensive set of qualitative data, we ask how such institutional prescriptions may (fail to) address governance challenges in organizations with (...) multiple, conflicting institutional demands. In doing so, we extend current literature on governance of hybrid organizations, which has so far focused on individual and organizational levels, to include institutional-level strategies. While governance codes are often inspired by deontological ethics to solve issues in a single institutional logic, we find that governance codes for hybrid organizations should not prioritize a single institutional logic, nor follow a deontological approach to improving governance, but should, on a more pragmatist take, remain open to continuous learning. (shrink)

This exploratory study investigates firms’ implementation of a new corporate governance code in Mauritius, a developing economy. The authors rely on annual report disclosures during a four-year period. The authors analyze the level of corporate engagement with the code’s requirements, including corporate social responsibility initiatives, relative to a 2004 benchmark over the three subsequent years. The study contributes to the literature in two ways. First, it provides much needed evidence of longitudinal implementation within developing economies that exhibit, (...) or have started to exhibit, a combination of ownership and control features found in more advanced economies and characterized in the literature as an “emerging governance” model. Second, the authors develop a more comprehensive assessment of implementation using a scoring system that combines trichotomous weighting of each governance component and trichotomous rating of implementation of each component. The authors argue that this system is superior to the un-weighted, dichotomous approach typically used in the literature. The analysis of weighted assessment scores for reveals a significant implementation of the code initially after 2004; but implementation began to level off by 2007 well below maximum assignable scores. Detailed requirements regarding directors’ appraisal and training, remuneration policies and remuneration information appear to be ignored by companies through 2007. A correlation analysis of the corporate governance scores and firm-based measures shows that the association between these different variables fluctuates significantly over the implementation window. (shrink)

This chapter critically examines the role of Social and Ethics Committees (SECs) in amplifying the internal stakeholder voice within the framework of company law in South Africa, drawing insights from both primary and secondary sources of law, including the UK Corporate Governance Code. Through a comprehensive literature review, the chapter analyses the Companies Amendment Bill of 2021, which introduces significant changes to the Companies Act 71 of 2008, with a focus on its potential to strengthen stakeholder engagement through (...) SECs. While the Bill aims to improve corporate governance by addressing existing legal ambiguities, the chapter argues that it still prioritizes shareholder interests, potentially at the expense of broader stakeholder involvement. The methodology involves a critical review of legal texts, statutory provisions, case law, and scholarly articles to explore how internal Corporate Social Responsibility (CSR), facilitated by SECs, can enhance corporate accountability, transparency, and social responsiveness, thereby positively influencing company performance. The analysis critiques the Bill’s provisions on SEC composition, qualifications, and reporting, identifying both strengths and weaknesses in fostering effective stakeholder engagement. By drawing on the UK Corporate Governance Code and other relevant legal frameworks, the chapter advocates for a more balanced and inclusive approach in South African company law that ensures the voices of all stakeholders—employees, communities, and shareholders—are heard and respected in corporate decision-making. The chapter concludes that such reforms, informed by both primary and secondary sources of law, are essential for creating a more equitable and responsible business environment in South Africa. (shrink)

Background The consistency of codes governing disclosure of terminal illness to patients and families in Islamic countries has not been studied until now. Objectives To review available codes on disclosure of terminal illness in Islamic countries. Data source and extraction Data were extracted through searches on Google and PubMed. Codes related to disclosure of terminal illness to patients or families were abstracted, and then classified independently by the three authors. Data synthesis Codes for 14 Islamic countries were located. Five codes (...) were silent regarding informing the patient, seven allowed concealment, one mandated disclosure and one prohibited disclosure. Five codes were silent regarding informing the family, four allowed disclosure and five mandated/recommended disclosure. The Islamic Organization for Medical Sciences code was silent on both issues. Conclusion Codes regarding disclosure of terminal illness to patients and families differed markedly among Islamic countries. They were silent in one-third of the codes, and tended to favour a paternalistic/utilitarian, family-centred approach over an autonomous, patient-centred approach. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Women Philosophers: Genre and the Boundaries of PhilosophyLorraine CodeCatherine Villanueva Gardner. Women Philosophers: Genre and the Boundaries of Philosophy. Boulder, CO: Westview, 2003. Pp. xv + 198. Paper, $22.00.In a tradition which "trains us to read purely for content" (xii), Catherine Gardner wonders how to read the philosophy of five women who write in "non-standard philosophical forms" (xiii): Mechthild of Magdeburg's poetry, Christine de Pisan's allegory, Catharine Macaulay's (...) epistolary form, and Mary Wollstonecraft's and George Eliot's fiction. Asking how these authors' gender and their works' genre bear on their exclusion from canonical philosophy with its reliance on rigorous argument unsullied by stylistic considerations, she argues that form is integral to understanding philosophy, and can impede its recognition as philosophy. Specifically, she wonders what these historical writings can offer present-day feminist ethics?Gardner's readings and her thesis about style and genre as conditions of philosophical legitimacy are provocative. She urges "reading past" forms deemed inhospitable to moral truth—such as Macaulay's epistolary style (44-45)—to encounter the author as moral philosopher, and explain her invisibility as such. Eliot's philosophy "demands the form of a novel" (123), she proposes, and Wollstonecraft's principles of style "are ultimately principles of morality as well" (92). More complex is the poetically articulated moral epistemology in Mechthild's The Flowing Light, with God, speaking through Mechthild, as its author (154-56). Because these forms—epistolary, allegorical, mystical-poetic, fictional—have been most accessible to women, Gardner urges feminists to consider how these authors' gender bears on their exclusion from moral philosophy. Owing to women's "greater capacity for emotion and... weaker capacity for reason" (155), mystics such as Mechthild were deemed well-suited to write as they did; yet works attributed to God stand immune to philosophical argument. Macaulay's thoughts on government and social reform were judged secondary to her "feminine" ones about educating women for marriage and domesticity (26-27). Gardner is persuaded and persuasive about the philosophical stature of the works she discusses. Yet if a thinker's gender denies her philosophical status, how can she bypass those exclusionary structures—even if, like Eliot, she chooses a male name? If a work's genre removes it from the sustained argumentative debate that is the hallmark of western philosophy, how can it claim a place there?There are no easy answers, but the questions spark numerous others. Perplexing is Gardner's contention that these women are ignored because they defy norms of style and method. But how would she classify Plato's dialogues, Voltaire's Candide, Pascal's and Nietzsche's aphorisms, Wittgenstein's numbered propositions,or Sartre's, Camus' (and Beauvoir's) philosophical novels, given their maverick styles? Style alone cannot effect or explain the exclusions she deplores. More puzzling are Gardner's conceptions of standard method and dominant form (e.g., 24, 120, 175), since she does not elaborate, apart from indicating that both require rigorous prose argument. But formal and methodological orthodoxy varies historically, as in the influence of scholasticism, for Christine, which receives no mention, or Gardner's ahistorical suggestion that the absence of a "normative subject as an independent, autonomous individual" (171) is a lacuna in Mechthild's work. Why would a thirteenth-century writer presuppose an Enlightenment subject? These issues demand attention in a work of historical scholarship.A different question troubles the method discussion. The author regrets certain women's exclusion from the canon despite the philosophical nature of their work, maintaining that [End Page 215] works whose styles/forms diverge from the standard count, nonetheless, as philosophy. These women demonstrate that philosophy need not be couched in formal argument: poetry, allegory, novels can also articulate philosophical theories. But—if my reading is correct—here Gardner is inconsistent. She commends the philosophy in Macaulay's Letters, claiming it "can and does contain the sort of sustained argument... uncontroversially identifiable as... philosophical" (44), and makes similar claims for Wollstonecraft and Eliot. But in legitimating these works by received standards of argument after all, Gardner weakens the force of her claims that philosophy—good philosophy—need not be presented in orthodox form, thus... (shrink)

As a result of recent corporate scandals, several rules have focused on the role played by Boards of Directors on the planning and monitoring of corporate codes of ethics. In theory, outside directors are in a better position than insiders to protect and further the interests of all stakeholders because of their experience and their sense of moral and legal obligations. Female directors also tend to be more sensitive to ethics according to several past studies which explain this affirmation by (...) early gender socialization, the fact that women are thought to place a greater emphasis on harmonious relations and the fact that men and women use different ethical frameworks in their judgments. The goal of this paper is to determine the influence of these characteristics of the Board in terms of promoting and hindering the creation of a code of ethics. Our findings show that a greater number of female directors does not necessarily lead to more ethical companies. Moreover, within Europe as a continent, board ownership leads to an entrenchment of upper-level management, generating a divergence between the ethical interests of owners and managers. In light of this situation, the presence of independent directors is necessary to reduce such conflicts. (shrink)

Monitoring systems have recently arisen to verify compliance with corporate codes of conduct for labor. This article places codes in the context of broader debates on global governance and argues for an empowered participatory approach to international labor standards focusing on enabling rights. Based on ethnographic research in Mexico and Guatemala on the implementation of codes in the apparel sector and their use in cross-border organizing campaigns, it explores the effect of monitoring on worker empowerment and working conditions in (...) global factories. The analysis highlights institutional designs and political strategies capable of contributing to the protection of international labor rights. (shrink)

The laws governing degeneration of the genetic code are discussed below. Of fundamental importance in this context is the classification of the amino acids into groups on the basis of the physicochemical behaviour of their residues. From this, it is possible to formulate arithmetic relationships between the number of amino acids in the same group and the number of coding triplets.It is found that the degeneration of the genetic code obeys certain laws, the reasons for this being related (...) to the number and the qualitative properties of the amino acids and triplets. The fact that the three bases of a coding triplet have different priorities must also be a critical factor. (shrink)

The invention of Bitcoin in 2008 as a new type of electronic cash has arguably been one of the most radical financial innovations in the last decade. Recently, developer communities of blockchain technologies have started to turn their attention towards the issue of governance. The features of blockchain governance raise questions as to tensions that might arise between a strictly “on-chain” governance system and possible applications of “off-chain” governance. In this paper, we approach these questions by (...) reflecting on a long-running debate in legal philosophy regarding the construction of a positivist legal order. First, we argue that on-chain governance shows striking similarities with Kelsen’s notion of a positivist legal order, characterised by Schmitt as the machine that runs itself. Second, we illustrate some of the problems that emerged from the application of on-chain governance, with particular reference to a calamity in a blockchain-based system called the DAO. Third, we reflect on Schmitt’s argument that the coalescence of private interests is a vulnerability of positivist legal systems, and accordingly posit this as an inherent vulnerability of on-chain governance of existing blockchain-based systems. (shrink)

Business ethics is one of the most significant demands made by institutional and individual investors, who usually require the participation of the board of directors in the planning and implementation of ethical behaviour in corporations. This is done by drawing up an ethics code and then monitoring its fulfilment. This study has a dual objective: first, to analyse the role played by the composition of the board of directors, and by that we mean its independence and the diversity of (...) its members, on the implementation and scope of an EC, and, second, to detect whether the corporate governance system moderates the level of involvement of the board in ethical issues. The findings obtained from a data panel sample made up of 760 listed companies from 12 countries for the years 2003–2009 show that the largest companies with large-sized and diverse boards implement the most developed ECs. Nevertheless, the extent of involvement of the independent directors is conditioned by the level of shareholder orientation characteristic of the system of CG in the corporation’s country of origin. (shrink)

Given the multiplicity of codes designed to regulate different stakeholders in terms of promoting good corporate governance, this paper examines areas of conflicts among the various codes and the associated implications for corporate governance practices and regulatory compliances by public-listed Nigerian firms. Using the conflict-signalling theory for developing the conceptual framework, this study examines the proliferation of codes in Nigeria, through a mixed method approach to provide an exploratory account of the implications of corporate governance regulatory multiplicity. (...) Evidence suggests the presence of conflict among the various codes which contributes to reduced compliance by firms and ineffective enforceability by regulatory agencies, which both impede good corporate governance in Nigeria. The findings advance conflict-signalling theory as an important framework for understanding the implications of the conflicts arising from the multiplicity of codes. (shrink)

This article brings forward the argument that the practical implementation of a corporate governance code cannot be realized by a compliance program alone. Its relevance in everyday business is determined by the moral values of the company culture. In this context, governance is defined as a company’s resources and capabilities, including the moral resources, to take on responsibility for all its stakeholders. A critical discussion of the agency theory, transaction cost theory, and organization theory shows that such (...) an approach is possible only when a company is not perceived as a maximizing machine for shareholders’ interests but as an economic form of cooperation of internal and external resources and stakeholders. An empiric study on 22 European corporate governance codes shows that the predominant majority of European codes orientate themselves to stakeholders and the company. The discussion of the empirical data reveals six basic principles that determine all European corporate governance codes: shareholder rights, transparency, voting rights, regulation of remuneration, design of organizational structures, and corporate social responsibility. (shrink)

Decentralisation technologies, such as those based on blockchain, provide exciting possibilities to coordinate cooperative actions and contributions of independent actors in favour of more sustainable operations. These technologies offer means to operationalise and define rules for the code of conduct for community members and create incentive mechanisms to motivate self-regulation among individuals. However, while such technologies add ways to increase alignment and avoid selfish actions, they are often perceived as technologically complex and challenging to comprehend and rarely utilised in (...) solving collective, practical problems.We challenge this notion based on four practical pilot experiments utilising novel decentralisation technology to engage community members toward more sustainable operations for collective benefits. The four pilots demonstrate how decentralisation technology can support highly different communities to better attain their goals: “Tracey” provides reliable catch and trade data on tuna fishing; “Barcelona Green Shops” encourages more sustainable shopping behaviour; “Food Futures” measures the environmental sustainability of meal choices; “Streamr Community” incentivises open-source software development. All the pilots have made the solution easy to approach for the intended audience, greatly simplifying the complexity related to the technological protocols. These successes illustrate how translation practices facilitate self-regulation and a shared code of conduct for the community.The evidence and insights drawn from these pilots pave the way toward more sustainable and inclusive business models. We explain how effective translation of digital solutions is highly impactful in reducing social struggles on a global scale. We highlight why the formalised protocols enable effective self-regulation and align actions to benefit the community. Our work illustrates how decentralisation technologies can foster sustainable, collective governance for a more prosperous future for partnerships, people, and the planet. (shrink)

This paper reconceptualizes governance not as a superstructure of rules but as the substrate — the underlying enabling layer that determines the capacity, behavior and evolution of any collective system. Drawing from complexity theory, institutional economics and network science, we argue that governance substrates shape interaction costs, information fidelity and adaptive potential. When the substrate is degraded, even well-designed policies fail; when it is healthy, self-organisation and resilience emerge. This paper extends the substrate metaphor by outlining operational patterns (...) for measurement, repair, conflict resolution, scalability, authority, evolution, adversarial dynamics and implementation. An appendix applies the framework to the UK Post Office Horizon scandal — one of the largest governance failures in British history. -/- Keywords: governance substrate · deterministic · stateful AI · institutional resilience · complexity theory · accountability topology · policy-as-code · substrate repair. (shrink)

The aim of this article is to analyse the internal mechanisms of corporate governance (board of directors and ownership structure), which influence voluntary disclosure of intangibles. The results appear to corroborate the view that an increase in institutional investor shareholding has a negative effect on voluntary disclosure, supporting the hypothesis of entrenchment, whereas an excessive ownership by institutional investors may have adverse effects on strategic disclosure decisions. The results also indicate that an increase in the number of members of (...) the board to up to 15 has a beneficial effect on the disclosure of intangibles. However, as this number increases, the effect inverts and becomes adverse to improving the capacity for supervision and control in the decision-making process regarding the voluntary disclosure of intangibles. The findings endorse the recommendation of the most of the Corporate Governance Codes regarding an advisable maximum of 15 members on a board to ensure its effectiveness and internal cohesion. (shrink)

Until 1991, Colombia was constitutionally defined as a Catholic and centralized country, shaped by colonial structures that promoted a homogeneous vision of the territory. However, its reality is profoundly diverse, marked by multiple actors, unresolved historical tensions, and persistent cycles of violence that were especially acute in the 1980s. To address these longstanding tensions, the National Constituent Assembly gave rise to a new Constitution in 1991 that recognized Colombia as a pluralist and decentralized state, and introduced mechanisms of autonomy and (...) guarantees for the rights of indigenous peoples across the territory. Building on this broader institutional transformation, Colombia has advanced digital initiatives such as e-government, and more recently, AI-government, understood as the adoption of technologies based on artificial intelligence to perform state functions. This article presents an argumentative documentary analysis of its potential to guarantee the fundamental rights of indigenous communities in the Colombian Amazon. The findings show that infrastructure, connectivity, and coverage limitations severely restrict its scope. Nonetheless, some communities have managed to adapt creatively. At the same time, digital silencing and Indigenous realities often become invisible within the standardized system. The use of uniform formats and the lack of cultural contextualization result in statistical invisibility, reproducing existing inequalities and potentially introducing new risks through the algorithms of the AI-government. In conclusion, there are critical areas for improvement by the State to ensure the effective and equitable protection of Indigenous rights in the Amazon, grounded in their own voices. Without culturally informed inclusion and appropriation, e-government and AI-government risk deepening existing structural gaps. (shrink)

Ethical codes have been hailed as an explicit vehicle for achieving more sustainable and defensible organizational practice. Nonetheless, when legal compliance and corporate governance codes are conflated, codes can be used to define organizational interests ostentatiously by stipulating norms for employee ethics. Such codes have a largely cosmetic and insurance function, acting subtly and strategically to control organizational risk management and protection. In this paper, we conduct a genealogical discourse analysis of a representative code of ethics from an (...) international corporation to understand how management frames expectations of compliance. Our contribution is to articulate the problems inherent in codes of ethics, and we make some recommendations to address these to benefit both an organization and its employees. In this way, we show how a code of ethics can provide a foundation for ethical sustainability, while addressing management intentions and employees’ ethical satisfaction. (shrink)

The aim of this article is to analyse the Report on good corporate governance (Olivencia Report) from an ethical point of view. This report was drawn up by a group of experts at the request of the National Commission of the Spanish Stock Exchange Commission (Comisión Nacional del Mercado de Valores), in winter 1998, and began to be implemented over late 1998.This paper is the result of several sessions of discussions with businessmen and managers about the role that can (...) be played by the Olivencia Report, its virtues and weaknesses. (shrink)

Scholars have emphasized the potential of self-regulation, realized through ‘codes of good governance’, to improve gender diversity on boards. Yet, unconvinced of the effectiveness of this self-regulation, many regulators have implemented mandatory quota laws. Our study sheds light on this dilemma. Seeking to broaden our conceptual knowledge of how such ‘codes’ work in the specific case of gender diversity on boards, we ask: Under which conditions is self-regulation via voluntary principles of good governance effective? Expanding recent institutional-theory perspectives (...) from the literature of women on boards, we show that, in the case of Austria, self-regulation via code recommendations is ineffective unless supported by additional forces. The primary reason for this, we argue, is that nominators do not expect benefits from gender-diverse boards. Furthermore, non-compliant companies face little pressure to change due to the small number of companies that have already adopted respective code recommendations. We identify two potential alternatives to boost the effectiveness of voluntary self-regulation for gender-diverse boards: First, the introduction of concrete targets for female representation and the public monitoring of fulfillment; and, second, the establishment of a credible threat that mandatory quotas will be imposed if diversity goals are not achieved. Drawing on longitudinal data from 2006 to 2016 on listed and state-owned companies in Austria, we give an empirical account of the conditions that assure effective self-regulation. Arguing that codes suffer from what we call ‘opportunity bias’, we conclude that political goals based on ethical rather than instrumental considerations are unlikely to be effectively implemented solely by codes of good governance. (shrink)

Publication date: 2 May 2019 Source: Author: Rosemary O. Obasi This paper presents a number of research opportunities in corporate governance in Nigeria. Corporate governance has come along with changes in Nigeria regulatory framework for financial reporting and corporate governance code during the recent years. The researcher identified some important areas where research can help advance our knowledge and provide relevant information for policy makers. These research areas include audit firm governance, corporate level of compliance (...) on corporate governance; Public sector code of governance; adoption of Not-for-profit governance code by such organisations in Nigeria. The research questions that were raised are of global interest, but the Nigeria environment provides some distinctive natural experimental settings to address these questions. (shrink)

After the corporate scandals at the beginning of the new millennium, corporate governance codes were drafted and implemented in national laws and regulations. Unfortunately, due to an ongoing supply of new financial scandals and societal deceptions, our society increasingly distrusts executive directors, non-executive directors and supervisory board members, as they often appeared to play a significant role in these scandals. Nonexecutive directors (NEDs) and supervisory directors (SDs) are often accused of having overlooked the important issues in their supervising role (...) or having failed to intervene in company decision making. Previous research has shown that many NEDs and SDs operate on the basis of their own unwritten rules, which may very well be different from those of their colleagues. In this article we examine whether and how a code of conduct or code of ethics might help to further clarify how NEDs/SDs should act. We also investigated the views of NEDs/SDs themselves. It appears that current corporate governance codes are not sufficient to guide directors on behavioral aspects of their supervisory role. This article shows that a code of conduct could provide this guidance to NEDs/SDs on several issues. First, a code of conduct would compel the Supervisory Board to reflect on its own values. Second, it would compel NEDs/SDs to verbalize their unwritten rules. The results may be applied internationally and could have relevance to the experience of executive directors in addition. This article may serve as a discussion document for other jurisdictions in addition. (shrink)

Partly as a result of much recent evidence of business and government crime, a large proportion of major corporations have adopted codes of ethics; government service is also making more use of them. The electrical manufacturing anti-trust conspiracy and 1973–1976 investigation of foreign and domestic bribery were immediate prods. There are also government codes of which the ASPA code is most widely distributed. Corporate codes discuss relations to employees, interemployee relationships, whistle blowing, effect on environment, commercial bribery, insider information, (...) other conflicts of interest, anti-trust, accounting, consumer relations, and political activities. A discussion of use of codes shows partly favorable results. A number of corporation decisions have not yet become a subject of code provisions. Codes will be more useful if the reasons behind each order are stated and team work is encouraged. (shrink)

The article deals with the sociocultural and historical background of the Olivencia Report and relates this to the document's content, particularly, to its recommendations for Spanish Boards. A discussion of the distinctively Spanish understandings of loyalty, due diligence and transparency is included. The work ends with insights into parallelisms between corporate governance and political government, specifically on the role of culture, democratic representation and accountability, the distribution of power, the protection of property rights and equality.

Commercial interest in land (large-scale land acquisition, LaSLA) in developing countries is a hot topic for debate and its potential consequences are contentious: proponents conceive of it as much needed investment into the formerly neglected agricultural sector while opponents point to severe social and environmental effects. This contribution discusses, if and how sustainability standards and codes of conduct can contribute towards governing LaSLA. Based on the WCED-definition we develop a conception of sustainability that allows framing potential negative effects as issues (...) of intra- and intergenerational justice. In a second step we specify these claims of justice, drawing on a human rights approach as well as three guidelines for sustainable development, namely, efficiency, consistency and resilience, to arrive at six guidelines for social and environmental sustainability criteria of LaSLA. We compare our suggestions with existing proposals for sustainability standards of LaSLA and with the certification schemes for sustainable production of bioenergy. From this we draw lessons for development and implementation of sustainability standards for LaSLA. (shrink)

Corporate governance has come to be recognised as a cornerstone of economic reforms seeking to promote stability and growth in developing countries. The Asian crisis of the 1997 was viewed as having roots in poor governance and hence national governments as well as international organisations have sought to promote a strengthening of governance mechanisms. This article investigates governance reforms in India over the last decade. The paper reviews changes in Indian governance codes that indicate a (...) preference of adoption of Anglo-American governance models. A survey of ownership structures of Indian listed companies reveals a mixture of governance mechanisms and a persistence of the "business house model" of governance. The paper concludes that despite external pressures towards an "Anglo-Americanisation" of governance practice, the outcomes thus far reveal the emergence of a diversity of governance mechanisms arising in a path-dependent fashion. (shrink)

The study is aimed to test the governing-law anchor in the comparative analysis of legal terminology to harmonize the clash of legal cultures in legal translation. It is considered as an adjustment to a juritraductological approach to legal translation which invites legal translators to merge the tools of jurilinguistics, comparative law and traductology in the comparative analysis of legal concepts before selecting a suitable translation solution (Monjean-Decaudin, in: Research methods in legal translation and interpreting, Routledge, 2019). Rather than transposing a (...) text from a source law system to a target law system, legal translators are believed to operate in the bi-semiotic environment of two legal cultures as navigators of their recipients toward understanding the legal concepts under the governing law of the document. To this end a comparative conceptual analysis, that correlates with the parametrization method (Matulewska in Stud Logic Gramm Rhetor 45:161–174, 2016), should be anchored in the analysis of the source law concepts (Šarčević in New Approach to Legal Translation, Kluwer Law International, The Hague, 2000). First, the componential and taxonomic analyses were used to identify conceptual markers/parameters of source concepts to serve as tertia comparationis for the subsequent search of their functional equivalents in the target legal culture. Source concepts and their functional equivalents were subsequently subject to a comparative componential analysis aimed to reveal a degree of their match based on which coinage operations were activated in selecting suitable translation strategies. We hypothesized that the change in the governing-law perspective would trigger changes in translation solutions. The governing-law-anchored process of comparative analysis was detailed and exemplified by the analysis of the conceptual field of Homicide in the Slovak law, English law, and the US Model Penal Code. (shrink)

Digital governance, operationalized by technologies such as blockchain and decentralized autonomous organizations (DAOs), constitutes a phenomenon that redefines fundamental philosophical concepts for collective life. This article undertakes a systematic philosophical analysis of this phenomenon, structured around foundational conceptual problems. We begin from four axes of inquiry: (1) the ontological problem of the nature of code-based entities; (2) the epistemic problem of trust and knowledge in algorithmic systems; (3) the normative problem of authority, legitimacy, and justice in automated (...) class='Hi'>governance; and (4) the logical problem of the limits of normative formalization. The analysis demonstrates that these problems materialize at the necessary intersection of philosophy with computer science, law, and economics. It concludes that digital governance is, in essence, a philosophical enterprise, whose responsible development demands prior conceptual clarity regarding the nature of collective agency, the foundations of trust, the embedding of values into code, and the structural limits of automating social normativity. (shrink)

In an open, unregulated and globalised economy, it is logical that the problem of corporate government not only occupy the time of academics, but also preoccupy both companies and the public administration. Corporate governance varies depending on several factors, such as the culture of a particular country, the economic situation and the organisational structures. Thus, there is no single recipe which can be applied automatically and is universally valid in all contexts. However, it is possible to propose some general (...) principles which have duly stood the test of experience and are recognised as providing valuable guidance for efficient corporate governance.The aim of this article is to present the Spanish "Olivencia Report", which is an attempt to draft an "ethical code" containing a number of practices and principles, which, if they were to be applied, could improve the governance of the larger Spanish companies listed on the Stock Market. (shrink)

This article explains the rationale for study of the governance challenges of corporate political activity. The topic is important, especially in light of the U.S. Supreme Court’s 2010 Citizens United decision, but understudied to date. The authors review the literature bearing on this topic. The authors separate consideration of the topic into macro-level and micro-level issues. The macro level concerns the societal perspective. At this level, key research questions concern whether corporate political activity be allowed, and how it should (...) be regulated. The micro level covers managerial and shareholder control over corporate political activity. At this level, key research questions include concern whether the firm should practice political activity and how to regulate practice through professional self-regulation, ethical guidelines, and corporate governance systems control. The remainder of this article contains focused summaries of the articles selected for this Special Issue. Each article is introduced and evaluated against the key research questions at the macro or micro levels of analysis. (shrink)

Business codes are an oft-cited management instrument. But how common are codes among multinationals? And what is their content? In an unprecedented study, the codes of the largest corporations in the world have been collected and thoroughly analyzed. This paper presents the results of that study. Of the two hundred largest companies in the world, 52.5% have a code. More than half of these codes describe company responsibilities regarding quality of products and services (67%), adherence to local laws and (...) regulations (57%) and the protection of the natural environment (56%). Many codes make reference to principles governing stakeholder relations (e.g. transparency (55%), honesty (50%) and fairness (45%)), corporate core values (e.g. teamwork (43%)), appropriate conduct among employees (e.g. discrimination (44%) and intimidation (43%)) and treatment of company property by employees (e.g. conflict of interests (52%), corruption (46%) and fraud (45%)). Monitoring compliance with the code is addressed in 52% of the codes. Based on this content study, three types of codes are distinguished: the stakeholder statute (72%), the values statement (49%) and the code of conduct (46%). The results of this inquiry present a benchmark for the evaluation and development of both individual and international business codes. (shrink)

In recent years there has been a surge in corporate governance reform around the world. On the African continent this phenomenon is evident in the number of national corporate governance reports that have been produced. This article analyzes these national codes of corporate governance in Africa to determine how the relationship between corporate governance and business ethics is being perceived. The article commences by providing a background to the corporate governance reform process that still is (...) in the making in Africa. It then explores the relation between corporate governance and business ethics by looking at various aspects of corporate governance that might have an impact on how business ethics is being perceived and practiced. Finally new corporate governance developments that potentially might have an impact on the prominence and practice of business ethics are reviewed. (shrink)

We callsyntactic coding a technique which converts syntactic principles or constraints on representations into grammatical rules which can be implemented in any given rule grammar. In this paper we show that any principle or constraint on output trees formalizable in a certain fragment of dynamic logic over trees can be coded in this sense. This allows to reduce in a mechanical fashion most of the current theories of government and binding into GPSG-style grammars. This will be exemplified with Rizzi'sRelativized Minimality.

Purpose This study aims to explore how artificial intelligence (AI) can ethically and effectively support climate resilience in small island developing states (SIDS). It presents a context-sensitive analysis that integrates ethical AI governance principles into regional adaptation strategies, addressing key structural and systemic barriers such as limited data infrastructure and inequitable access to climate finance. Design/methodology/approach The study applies a qualitative thematic analysis, guided by Braun and Clarke’s (2006) six-phase framework, on a curated corpus of ten diverse documents, including (...) peer-reviewed papers, UN policy reports, AI system overviews and technical evaluations of resilience platforms. To validate thematic patterns, natural language processing (NLP) tools such as keyword frequency and bigram analysis were applied. Findings Four dominant themes emerged: (1) the necessity of open-access data platforms for regional resilience collaboration; (2) the integration of ethical AI governance frameworks; (3) the critical importance of community-centered adaptation approaches; and (4) persistent barriers in accessing climate finance. The convergence between manual thematic coding and NLP-supported validation reinforced the credibility of the findings. Research limitations/implications The study is based solely on document analysis and does not include field-based engagement with SIDS communities. Future research could incorporate participatory methods (e.g. interviews and codesign workshops) or evaluate specific AI-driven initiatives to strengthen contextual validation. Practical implications The paper offers actionable guidance for policymakers, including the establishment of regional data-sharing ecosystems, the adoption of ethical AI frameworks, investment in local technical capacity and reforms in international climate finance mechanisms to enhance equity for SIDS. Originality/value By integrating ethical governance into AI climate resilience strategies tailored to small island contexts, this study addresses a significant gap in current scholarship and provides a scalable framework that balances technological innovation with environmental justice and regional equity. (shrink)

Western buying companies impose Supplier Codes of Conduct (SCC) on their suppliers in developing countries; however, many suppliers cannot fully comply with SCC and some of them even cheat in SCC. In this research, we link contract characteristics - price pressure, production complexity, contract duration - to the likelihood of supplier's commitment to SCC through a mediating process: how the buying companies govern their suppliers. Our structural equation model analysis shows that the hierarchy/relational norms governance is a perfect mediator (...) of contract characteristics' effects on the likelihood of supplier's commitment; the market governance, an insignificant one. The managerial implications are provided for successfully implementing SCC in global supply chains. (shrink)

Multinational corporations dominate the global business arena, but new expectations for MNC boards call to question how they might effectively manage global stakeholder relationships in this new era of accountability. Uniting political behavior theory, which describes a board’s international political orientation, and global operating governance systems outlining a set of board behaviors, we develop a typology of four types of boards. We then provide recommendations for the development of an integrative governance structure, taking into account the mechanisms, structure, (...) endorsements, and codes of conduct that MNCs can use to promote ethical behavior across MNC horizons. (shrink)

The hospital in Gharyan, Libya, operated by Romanian staff from 1975 until the late 1980s was a space of entangled medical governance: it relied on an expat community that adapted socialist public health to postcolonial conditions, and it was a centre of postcolonial sovereignty and agency that tested Romanian modernity and challenged the personnel's constructions of the self (professional, civilisational, ethnic, etc.). This article employs the concept of governmentality to explore public health as a really existing phenomenon produced by (...) people manifesting personal, local, national, and global ideas about government. The hospital in Gharyan was a site of multilayered contestation. The institution constituted a terrain of continuous wrangling between socialist and postcolonial state policies fuelled by development priorities and shifting global health paradigms. The Romanian staff produced a distinctive form of whiteness premised on representations of the local population as ‘backward’ in relation to socialist codes of rationality, pathology, and emancipation. Simultaneously, Libyan agency challenged Romanian raced representations. Socialist medicine transplanted into the postcolonial context proved a transactional reality adapting to evolving constructions of knowledge, subjectivity, and politics. (shrink)

Corporate codes of conduct are a practical corporate social responsibility (CSR) instrument commonly used to govern employee behavior and establish a socially responsible organizational culture. The effectiveness of these codes has been widely discussed on theoretical grounds and empirically tested in numerous previous reports that directly compare companies with and without codes of conduct. Empirical research has yielded inconsistent results that may be explained by multiple ancillary factors, including the quality of code content and implementation, which are excluded from (...) analyses based solely on the presence or absence of codes.This study investigated the importance of code content in determining code effectiveness by examining the relationship between code of conduct quality and ethical performance. Companies maintaining high quality codes of conduct were significantly more represented among top CSR ranking systems for corporate citizenship, sustainability, ethical behavior, and public perception. Further, a significant relationship was observed between code quality and CSR performance, across a full range of ethical rankings. These findings suggest code quality may play a crucial role in the effectiveness of codes of conduct and their ability to transform organizational cultures.Future research efforts should transcend traditional comparisons based on the presence or absence of ethical codes and begin to examine the essential factors leading to the effective establishment of CSR policies and sustainable business practices in corporate culture. (shrink)

This study proposes a paradox-aware governance framework for the dual-use risks of agentic artificial intelligence. Anchored in paradox theory as the primary conceptual lens, the framework draws supplementary insights from institutional logics, dynamic capabilities, affordance theory, and panarchy to address context-specific implementation challenges. A critical-comparative analysis of historical dual-use regimes spanning nuclear, biological, chemical, cyber, and export controls yields five core governance paradoxes: Capability Control versus Innovation, Autonomous Action versus Accountability, Algorithmic Opacity versus Verification, Centralized Oversight versus Decentralized (...) Development, and Proactive Safety versus Information Hazards. The study employs directed content analysis with transparent coding procedures, documenting both deductive category application and inductive emergence. Real-world cases including the GPT-4 deployment, Meta’s LLaMA model proliferation, and the EU AI Act’s tiered risk framework ground the propositions empirically. Each paradox is operationalized through paired mechanisms, boundary conditions, and governance levers such as Adaptive Capability Ledgers and Behavioral Compliance Sandboxes. The framework advances five falsifiable propositions specifying testable relationships between governance interventions and measurable outcomes. Equity is explicitly addressed through concrete instruments including compute-credit redistribution protocols, equity-weighted governance metrics, and capacity-building requirements for Global South stakeholders. Validation pathways encompassing quantitative indicators and qualitative stakeholder feedback ensure adaptive refinement. This integrated model transforms static regulations into living systems that co-evolve with AI’s inherent malleability, offering regulators, practitioners, and scholars actionable tools to sustain innovation while preempting irreversible harms. (shrink)

Code Choice and FaceThis paper starts by presenting the factors that govern language choices among multilinguals, to show then that they can be seen as the result of face considerations:1) "Natural" or "efficient" language choice: choosing the language for which the product of the competences of both partners is highest. This maximizes the negative face, i.e. the freedom of action, of both partners.2) Language practice: choosing a language not because it is the easiest one but because one wishes to (...) practice it. This means reducing one's positive and negative face for the moment in order to increase them in the long run.3) Prestige or its opposite, fear of losing face by making mistakes. This is clearly the positive face aspect of language choices.4) And finally, compliance: adapting to the language preferences of one's partner by speaking either his mother tongue, or a language s/he has a preference for. This means reducing one's own negative face in order to increase the one of the partner. Which in turn will contribute to the positive face of both partners, one feeling important because s/he is being complied with, and the other getting the image of a kind and polite person. (shrink)

In this chapter I reflect upon some key ideas of the discussion sessions. First is about the illuminating potential of the family analogy for state governance. Second is about the importance of rituals and the code of civility. Third concerns a robust foundation and justification of human rights in East Asian societies. Fourth centers on the kind of equality needed for good governance. I suggest that the greatest satisfaction of human life depends on intangible and shareable goods, (...) and a central insight of Confucianism is that relationships and goods internal to relationships are central to human life. (shrink)

In this paper, we draw on Foucault's and Deleuze's theorisations of discipline and control, respectively, to understand a teacher accountability system in the US state of Texas: the Texas Teacher Evaluation and Support System (hereafter, T-TESS). Specifically, we focus on the interplay of physical and virtual modes of governance – which we develop here as physical–virtual hybridity – and the techniques that make these physical and virtual domains compatible via language interoperability, with T-TESS deployed as a representative empirical case (...) to show how such technologies work to govern teacher subjectivity. First, in-person appraiser meetings and observations re-code teachers’ linguistic behaviours, so their physical bodies and practices can become legible to and interoperable with the hybrid T-TESS system. This avoids any possible syntax errors between the linguistic expression of physical teacher speech and the digital coding language of T-TESS. Second, these digital bodies of data can now be viewed as proxies for the physical teacher body in the classroom, allowing the constant modulation in physical space (teacher bodies) and digital space (bodies of data). This is the physical–virtual hybridity of T-TESS, whereby discipline and control work symbiotically to govern both the physical and the digital expressions of teachers and their teaching. In this way, the disciplining of teachers’ language has profound effects on teachers’ bodies, both corporeal and digital. (shrink)

Reducing non-core food advertising to children is an important priority in strategies to address childhood obesity. Public health researchers argue for government intervention on the basis that food industry self-regulation is ineffective; however, the industry contends that the existing voluntary scheme adequately addresses community concerns. This paper examines the operation of two self-regulatory initiatives governing food advertising to children in Australia, in order to determine whether these regulatory processes foster transparent and accountable self-regulation. The paper concludes that while both codes (...) appear to establish transparency and accountability mechanisms, they do not provide for meaningful stakeholder participation in the self-regulatory scheme. Accordingly, food industry self-regulation is unlikely to reflect public health concerns or to be perceived as a legitimate form of governance by external stakeholders. If industry regulation is to remain a feasible alternative to statutory regulation, there is a strong argument for strengthening government oversight and implementing a co-regulatory scheme. (shrink)

Recent corporate scandals have put company boards in the spotlight. Legislation, codes of conduct, and guidelines have been developed to improve corporate governance. But while many prescriptions for improving corporate governance focus on the structure of boards, Dr. Richard Leblanc's research suggests that there is no direct causal relationship between board structure and corporate performance. Indeed, many recent failed corporations had exemplary board structure. Richard Leblanc discusses how to assess board effectiveness and improve it.

The rising cost of the opioid antagonist and overdose reversal agent naloxone is an urgent public health problem. The recent and dramatic price increase of Evzio, a naloxone auto-injector produced by Kaléo, shows how pharmaceutical manufacturers entering the naloxone marketplace rely on market exclusivity guaranteed by the patent system to charge prices at what the market can bear, which can restrict access to life-saving medication. We argue that 28 U.S.C. § 1498, a section of the federal code that allows (...) the government to use patent-protected products for its own purposes in exchange for reasonable compensation, could be used to procure generic naloxone auto-injectors, or at least bring Kaléo to the negotiating table. Precedent exists for the use of § 1498 to procure pharmaceuticals, and it could give meaning to the federal government's recent declaration of a public health emergency around the opioid epidemic, discourage new market entrants from charging exorbitant prices, and yield important public health benefits. (shrink)