Does Control Make a Difference? The Moral Foundations of Shareholder Liability for Corporate Wrongs

The doctrine of limited liability, as traditionally understood, prevents shareholders from being held personally liable for corporate wrongs. Several authors have recently argued that the doctrine should be modified to make some or all shareholders individually liable for torts committed by corporations in which they hold shares. This article distinguishes three types of argument that might provide a moral basis for shareholder liability in such cases. I contend that while these arguments support holding at least some shareholders liable for corporate torts, they fail to justify a general regime of unlimited pro rata shareholder liability. The level of control shareholders exercise over a company makes an important difference to their moral duties to compensate victims of corporate wrongdoing.     

Offending and Early Death in the Cambridge Study in Delinquent Development

Criminal offending has many negative outcomes. Researchers have recently begun to consider the impact offending has on offenders' health, with a few studies focusing on differential mortality risk. Yet, prior research has been limited due to selective samples, restricted range of follow-up time period, limited set of explanatory variables, and lack of theoretical guidance. This paper examines the risk of early death among 411 South London males in the Cambridge Study in Delinquent Development followed into their late 50s. Attention is paid not only to differential risk of death between nonoffenders and offenders, but also to the risk within the population of offenders and through consideration of theoretical frameworks and associated predictor variables. Results show that high-rate chronic offenders evince the highest risk of death, an effect that continues even after controlling for childhood individual and environmental risk factors as well as participation in a range of analogous behaviors.     

Tackling the Big Questions in Social Impact Bond Research through Comparative Approaches

Abstract

This special issue of theJournal of Comparative Policy Analysis brings together four cross-disciplinary articles representing the first concerted attempt to combine comparative approaches to extend theoretical and empirical understandings of Social Impact Bonds (SIBs). SIBs are investment-backed payment-by-results projects and have been subject to vigorous academic debate on their appropriateness and efficacy since the first SIB launched in 2010. This introduction to the special issue outlines the state of the academic literature on SIBs, identifying gaps and suggesting five big questions that do not yet have satisfactory answers: (1) What are the administrative or political problems to which SIBs respond? (2) Where and why do SIBs emerge in particular contexts? (3) What is the role of SIBs in the evidence-based policy movement? (4) Is delivering an intervention through a SIB more effective than other means and are associated costs justifiable? (5) Do SIBs catalyse wider organizational, system, or institutional changes? This introduction then summarizes the articles included in this special issue, discusses how they respond to these big questions, and suggests that further comparative research might best address remaining gaps in the literature.     

Weighing Ethical Considerations in Proposed Non-recent Child Sexual Abuse Investigations: A Response to Maslen and Paine’s Oxford CSA Framework

Questions about when it is right for police forces to investigate alleged offences committed in the more or less distant past have become increasingly pressing. Recent widely publicized cases of child sexual abuse (CSA) and exploitation, sometimes involving high profile individuals, have illustrated the ethical, psychological, and forensic complexities of investigating non-recent child sexual abuse. Hannah Maslen and Colin Paine have developed the Oxford CSA Framework to assist police to weigh the various ethical considerations that militate for and against initiating a CSA investigation. While such a tool is to be welcomed, and while there is much that is helpful in Maslen and Paine's approach, we suggest that the Oxford CSA framework could be strengthened. Our first suggestion is to abandon a proposed distinction between a set of considerations that is said to generate a “presumption” in favor of investigation and other considerations that may supplement or oppose this presumption. Our second suggestion is to review the weightings applied to the considerations within the model, which lack clear justification and create problematic effects. Finally, we suggest that referring the Oxford CSA Framework to a panel with lived and professional experience of CSA could serve important procedural justice goals and enhance the Framework's recommendations.     

Normative behaviourism as a solution to four problems in realism and non-ideal theory

ABSTRACT

This article advances the case for ‘normative behaviourism’ – a new way of doing political philosophy that tries to turn facts about observable patterns of behaviour, as produced by different political systems, into grounds for specific political principles. This approach is applied to four distinct problems at the heart of the ideal/non-ideal theory and moralism/realism debates: (1) How to distinguish good from bad idealisations; (2) how to rank options of variable feasibility, cost, and danger; (3) how to distinguish legitimate acceptance of a given political system from acceptance based on coercion or false consciousness; and (4) how to translate abstract principles into concrete institutions. Objections against the general viability of normative behaviourism, and against the types of behaviour it tracks, are also considered.     

Fingerprint error rate on close non‐matches

The accuracy of fingerprint identifications is critically important to the administration of criminal justice. Accuracy is challenging when two prints from different sources have many common features and few dissimilar features. Such print pairs, known as close non‐matches (CNMs), are increasingly likely to arise as ever‐growing databases are searched with greater frequency. In this study, 125 fingerprint agencies completed a mandatory proficiency test that included two pairs of CNMs. The false‐positive error rates on the two CNMs were 15.9% (17 out of 107, 95% C.I.: 9.5%, 24.2%) and 28.1% (27 out of 96, 95% C.I.: 19.4%, 38.2%), respectively. These CNM error rates are (a) inconsistent with the popular notion that fingerprint evidence is nearly infallible, and (b) larger than error rates reported in leading fingerprint studies. We conclude that, when the risk of CNMs is high, the probative value of a reported fingerprint identification may be severely diminished due to an elevated false‐positive error risk. We call for additional CNM research, including a replication and expansion of the present study using a representative selection of CNMs from database searches.     

Beyond the Acronyms: Sport Diplomacy and the Classification of the International Olympic Committee

ABSTRACT

Diplomacy often finds itself reduced to actions centred on states. However, after the Cold War, international relations and diplomacy have expanded with different actors growing into significant roles, particularly in the increase of diplomatic relations in the context of sport. The classification and significance of other actors remains under-researched in relation to sport, with literature focusing more on the growth of new and varying practices of diplomacy. This analysis contends that there is a need to interrogate fundamental components of modern diplomacy—with the actor being the focus—more specifically the classification of sports organisations in diplomacy. It is relevant as a more accurate understanding of sports organisations will contribute to how diplomatic studies can analyse and evaluate modern diplomacy within the context of sport. The International Olympic Committee is the actor used to illustrate how problematic classifications currently in the academic literature translate into weak and reduced analysis and evaluation of its role and significance in diplomacy. As counterpoint, this analysis proposes an analytical framework of socio-legal theory that harnesses legal regulation as a benchmark to classify an actor’s capacity within a society. In consequence, the IOC is as an active and significant contributor to the ever expanding and complex diplomatic environment and wider society.     

“Empowered patient” or “doctor knows best”? Political economy analysis and ownership

Efforts to incorporate “political thinking” into policy-making and practice in OECD-DAC development agencies have increasingly focused on the use of “political economy analysis” (PEA) frameworks and tools. While recognising the fundamental value of promoting politically informed programming, this article nevertheless highlights how contemporary efforts to this end have largely ignored another central development agenda: the ownership paradigm. Emphasising the highly donor-centric nature of PEA design and methodology, we explore critiques and justifications of this state of affairs, ultimately arguing that donors would benefit from embracing a more flexible and context-specific understanding of ownership.     

Justifications for Non-Consensual Medical Intervention: From Infectious Disease Control to Criminal Rehabilitation

A central tenet of medical ethics holds that it is permissible to perform a medical intervention on a competent individual only if that individual has given informed consent to the intervention. Yet it occasionally seems morally permissible to carry out non-consensual medical interventions on competent individuals for the purpose of infectious disease control (IDC). We describe two different moral frameworks that have been invoked in support of non-consensual IDC interventions and identify five desiderata that might be used to guide assessments of the moral permissibility of such interventions on either kind of fundamental justification. We then consider what these desiderata imply for the justifiability of carrying out non-consensual medical interventions that are designed to facilitate rehabilitation amongst serious criminal offenders. We argue that these desiderata suggest that a plausible case can be made in favor of such interventions.