scholarly journals Undue pressure or moral obligation: religious gifting and undue influence

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Vinny Kennedy
Keyword(s):  
Moral Obligation ◽  
Design Methodology ◽  
Single Point ◽  
Religious Institutions ◽  
Undue Influence ◽  
England And Wales ◽  
Content Type ◽  
Charity Commission ◽  
The Law ◽  
Practical Implications

Purpose This paper aims to stimulate discussion on how best to protect individuals from undue influence when gifting to religious institutions in England and Wales. Design/methodology/approach This paper is based on the law relating to undue influence in England and Wales and draws from the literature regarding gifting to religious institutions and accountability of such institutions. Findings This paper identifies that more needs to be done to protect individuals, so as to ensure they are gifting to religious institutions using their own free will. It highlights that although the law attempts to define undue influence, there is little guidance on where the line between persuasion and coercion lies. The paper recognises that religious institutions need to do more to adopt safeguarding policies and that the Charity Commission ought to better support such policies by creating a single point of reference. Practical implications Steps need to be taken to prepare a cohesive set of principles that religious institutions of all denominations can follow to ensure they protect themselves from being accused of undue influence, as well as safeguarding individuals from abuse. Originality/value There are limited studies that consider the dichotomy between religious gifting and undue influence. This paper adds to the existing discussion and considers ways in which individuals can be protected. The author is not aware of such considerations being directly contemplated as resolutions to this issue.

Employment references and the law

2014 ◽  
Vol 22 (7) ◽  
pp. 39-42
Author(s):  
Engin Mustafa
Keyword(s):  
Design Methodology ◽  
Case Law ◽  
Risk Averse ◽  
Value Judgments ◽  
England And Wales ◽  
Content Type ◽  
The Law ◽  
Resource Specialists ◽  
Practical Implications ◽  
Minimal Information

Purpose – This paper aims to examine whether employers are bound to provide references on former employees and the kinds of information they should contain. Design/methodology/approach – It arrives at a set of conclusions through considering case law in England and Wales. Findings – It explains why writing a reference is increasingly the responsibility of human-resource specialists in an organization. Practical implications – It reveals that employers have a number of options, the choice between which will depend upon the organization’s aversion to risk and its balancing of the obligations felt to employees and their future employers. Social implications – It considers that, in an increasingly risk-averse culture, more and more organizations are providing minimal information in references on former employees and avoiding value judgments. Originality/value – It considers the state of the law in England and Wales as regards writing references on former employees.

Mental capacity and deprivation of liberty: the Law Commission’s consultation paper

2015 ◽  
Vol 17 (5) ◽  
pp. 331-334 ◽  
Author(s):  
Tim Spencer-Lane
Keyword(s):  
Design Methodology ◽  
Service Users ◽  
Consultation Process ◽  
Content Type ◽  
Opportunity To Respond ◽  
Future Paper ◽  
The Law ◽  
Practical Implications ◽  
Consultation Paper ◽  
Law Commission

Purpose – The purpose of this paper is to introduce the readership to the consultation being held by the Law Commission concerning proposed revisions to the Deprivation of Liberty Safeguards (DoLS). Design/methodology/approach – Discussion of the consultation being held by the Law Commission concerning proposed revisions to the DoLS. Findings – These are as yet unknown as the consultation period is ongoing – it is planned that a future paper will examine the findings and recommendations from the consultation process. Practical implications – There has been criticism of the DoLS since their introduction in 2009. A new scheme provides the opportunity to respond to some of the criticisms and to develop more appropriate processes. The paper invites readers to take part in the consultation process and to respond to the proposals that have been developed. Social implications – A new and more appropriate scheme would be beneficial for service users and families/caregivers. Originality/value – This is the first opportunity for a revision to the DoLS scheme and introduction of the proposed scheme and the consultation process to the readership is highly appropriate and valuable to the Journal.

Combating corruption in Nigeria and the constitutional issues arising

2016 ◽  
Vol 23 (4) ◽  
pp. 700-724 ◽  
Author(s):  
Akume T. Albert
Keyword(s):  
Analytical Method ◽  
Design Methodology ◽  
Original Work ◽  
Social Implications ◽  
Plea Bargain ◽  
Content Type ◽  
Documentary Sources ◽  
The Law ◽  
The Government ◽  
Practical Implications

Purpose The purpose of this paper therefore is to identify and examine major issue-areas in law, prominent among which are the Plea-Bargain and S308 Immunity Clause, and how they impact the process of effectively combating corruption in Nigeria. Design/methodology/approach The paper uses documentary sources and analytical method to examine the issues involved. Findings The identified issue-areas are inhibitors rather than facilitators. Research limitations/implications The implication is that the government needs to change the existing laws to strengthen the fight against corruption. Practical implications This is to ensure that the war against corruption is strengthened and effective. Social implications To ensure that offenders face the full weight of the law for their action. Originality/value This paper is the author's original work and all references are appropriately acknowledged.

Markets need morality: perspectives from Islam, Christianity, and China

2019 ◽  
Vol 36 (1) ◽  
pp. 73-86
Author(s):  
Jonathan Edward Leightner
Keyword(s):  
Economic Theory ◽  
Design Methodology ◽  
Social Implications ◽  
Religious Institutions ◽  
Ethical Theories ◽  
Content Type ◽  
Long Run ◽  
The World ◽  
Islam And Christianity ◽  
Practical Implications

Purpose This paper aims to argue that markets need a foundation of morality to promote the long-run success of an economy. Design/methodology/approach Three types of ethical theories are discussed and compared with what the sacred scriptures of Islam and Christianity say and with what economic theory says. Examples from China are provided. Findings Markets need morality. Research limitations/implications There are more religions in the world than just Islam and Christianity; however, space limitations force me to only consider those two religions. Furthermore, there are more countries in the world than just China. However, space limitations force me to only pull examples from China. Practical implications Economists should recognize that markets need morality, and they should start teaching that to their students. Social implications If markets are built on a foundation of ethics, then society prospers. In the absence of that foundation, societies falter. When a government, business and religious institutions see each other as complementary forces, then ethics can evolve. Originality/value The author knows of no other studies that explain the three types of ethical theories, compares those theories to what the sacred scriptures of Islam and Christianity say and to what economic theory says, and then uses examples from China to illustrate the need for morality.

“Captured by evils” – combating black money, corruption and money laundering in Bangladesh

2018 ◽  
Vol 21 (3) ◽  
pp. 264-289 ◽  
Author(s):  
S.M. Solaiman
Keyword(s):  
Money Laundering ◽  
National Economy ◽  
Subject Matter ◽  
Design Methodology ◽  
Social Implications ◽  
Original Research ◽  
Content Type ◽  
The Law ◽  
Practical Implications ◽  
Secondary Materials

Purpose The purpose of this paper is to demonstrate that the recurrent amnesties to black money holders (BMHs) in Bangladesh have not benefited the national economy, rather have increased corruption and money laundering, and that offering further opportunity to whiten back money as recommended by the Anti-Corruption Commission of Bangladesh will do more harm than good. Design/methodology/approach This research relies on both primary and secondary materials adopting an archival analysis of the existing literature. Findings The major findings include the following: the recurrent amnesties to BMHs have damaging impacts on corruption and money laundering in Bangladesh; the Anti-Corruption Commission of Bangladesh’s recommendation to provide further opportunity to legalise black money is flawed, ill thought-out and misjudgement of the futility of the amnesties offered to date; and the black money problem could be better addressed through using educational, preventive and punitive measures that have been specifically formulated in this paper. Research limitations/implications This research does not examine the flaws that may remain in the provisions of existing laws; rather it gives emphasis to the enforcement of the law in place. Legal flaws thus can be a subject matter of another endeavour. Practical implications As implications, it is expected that this research will encourage the concerned authorities in Bangladesh to stop offering amnesties to BMHs for good. Also, other countries facing a similar problem can learn from the experience of Bangladesh presented, and specific recommendations submitted, in this paper, in dealing with black money, corruption and money laundering. Social implications It is expected that if the recommendations furnished in this paper are implemented, corruption in, and money laundering from, Bangladesh will reduce. This reduction will facilitate ensuring fairness in the society in many respects, deter criminal activities associated with black money and enable honest taxpayers to buy their homes in a level-playing filed. Originality/value This paper presents original research in terms of analysis of materials and the recommendations submitted to deal with corruption, black money and money laundering.

University of Alberta Libraries Interlibrary Loan Department – Creating new relationships, locally and globally

2016 ◽  
Vol 44 (3) ◽  
pp. 121-126
Author(s):  
CJ de Jong
Keyword(s):  
Academic Libraries ◽  
Design Methodology ◽  
Single Point ◽  
Interlibrary Loan ◽  
Content Type ◽  
University Of Alberta ◽  
Delivery Service ◽  
University Library ◽  
The University ◽  
Practical Implications

Purpose The purpose of this paper is to identify the value and benefits from newly developed relationships between the University of Alberta Libraries’ Interlibrary Loan Department and other institutions through the delivery of new services. Design/methodology/approach The paper is a descriptive review of the new services provided, including a centralized interlibrary loan service for members of the NEOS Consortium and an article delivery service for Can Tho University Library (Vietnam), an overview of the implementation of the services and a discussion of the value and benefits created. Findings A single-point of intake for interlibrary loan requests for a group of academic libraries can be implemented successfully with few drawbacks, providing benefits to all the participants. An article delivery service to an institution that provides no interlibrary loan services provides value through access to new resources and demonstrates not to be a burden on the provider; yet, this paper demonstrates that the primary value is in learning about their patrons’ needs. Practical implications Other institutions could replicate these services and relationships. Originality/value Single-point of intake for interlibrary loan in academic consortial environments has neither been demonstrated in the literature nor has any component of interlibrary loan been described to support international initiatives to assist libraries in disadvantaged countries.

The financial intelligence unit and money laundering control in Tanzania

2019 ◽  
Vol 22 (3) ◽  
pp. 543-562
Author(s):  
Eugene E. Mniwasa
Keyword(s):  
Money Laundering ◽  
Design Methodology ◽  
Research Approach ◽  
Institutional Reforms ◽  
Content Type ◽  
Essential Component ◽  
The Law ◽  
Financial Intelligence ◽  
Practical Implications

Purpose This paper aims to explore the role of the financial intelligence unit in Tanzania in fighting against money laundering and its predicate offences, examine its potential in controlling the problem and describe factors that undermine its efficacy. Design/methodology/approach The doctrinal research approach is used to analyse Tanzania’s anti-money laundering law and appraise its effectiveness in facilitating operations of the financial intelligence unit in fighting against money laundering and its predicate offences. The law-in-context approach is applied to interrogate the anti-money laundering law and describe non-law factors that impinge on the efficiency of Tanzania’s financial intelligence unit. Findings The law vests the financial intelligence unit with powers to perform a number of functions that are significant in fighting against money laundering and its predicate offences in Tanzania. The unit has been instrumental in curbing money laundering. The efficacy of this anti-money laundering agency, which is at its infancy stage, is emasculated by law-related, institutional and non-law factors. These factors undercut the potency of the agency. Practical implications There is a need for Tanzania to undertake policy, legislative and institutional reforms to augment the efficacy of the financial intelligence unit. The reforms should be implemented concurrently with other measures, which will enhance the country’s anti-money money laundering regime. Originality/value This paper applies the legal and non-law perspectives to evaluate the effectiveness of the financial intelligence unit as an essential component of Tanzania’s anti-money laundering regime. It proposes law-related and non-law approaches to augment the efficiency of the unit and the country’s anti-money laundering regime in general.

scholarly journals Liability of employers for third party harassment in the UK

2020 ◽  
Vol 63 (1) ◽  
pp. 147-156
Author(s):  
Sam Middlemiss
Keyword(s):  
Trade Unions ◽  
Design Methodology ◽  
Research Study ◽  
Case Law ◽  
Third Party ◽  
Content Type ◽  
The Law ◽  
The Uk ◽  
Practical Implications

Purpose This paper aims to summarise current law dealing with third party harassment in workplaces in the UK and make recommendations for improving law. Design/methodology/approach Review of case law, articles etc. Findings It is found that the current law is inadequate and unclear, and in dire need of reform. Research limitations/implications This research study will be useful for trade unions and employers and employees and workers. Practical implications This study supports the cause of reform of the law. Originality/value To the best of the author’s knowledge, this study is an original piece of work.

Age and the pursuit of happiness among immigrants

2017 ◽  
Vol 44 (12) ◽  
pp. 2052-2066 ◽  
Author(s):  
Sarinda Taengnoi Siemers ◽  
Denise Robson
Keyword(s):  
Social Capital ◽  
Human Capital ◽  
Design Methodology ◽  
Age Groups ◽  
Religious Institutions ◽  
Content Type ◽  
Older Immigrants ◽  
Nationally Representative ◽  
Practical Implications

Purpose The purpose of this paper is to explore how various factors, particularly ones associated with ability to assimilate to a new country such as social capital and human capital, may affect the happiness of immigrants in different age groups. Design/methodology/approach The study utilizes the New Immigrant Survey 2003, which is a nationally representative survey of immigrants who became permanent US residents, to produce four separate ordered logit regressions, each for a different age group, 18-34, 35-49, 50-59, and 60 and older. Findings The empirical results indicate that employment is important to happiness among young immigrants (age 18-34). For middle-aged immigrants happiness is strongly related to family life (i.e. being married, having children), human capital, and wealth. For older immigrants (age 60 and over) happiness is significantly linked to social capital (i.e. involvement in religious institutions, communication ties to friends and family). Practical implications Understanding factors associated with the happiness of immigrants can help communities to undertake appropriate support and services for different age groups. Originality/value The study differentiates what contributes to the happiness of immigrants in different age groups. Most studies only include a binary categorical variable for age groups and do not employ a fully differentiated analysis for age. The study also explores how social capital relates to happiness. Studies of happiness among immigrants mostly omit any role of social capital variable.

Non-compliance of licence holders towards disclosure based regulation in Malaysian securities markets

2016 ◽  
Vol 23 (3) ◽  
pp. 605-612
Author(s):  
Asmah Laili Yeon ◽  
Faridahwati Mohd Shamsudin
Keyword(s):  
Capital Markets ◽  
Design Methodology ◽  
Ethics Training ◽  
Securities Market ◽  
Securities Markets ◽  
Content Type ◽  
Fund Managers ◽  
The Law ◽  
Investment Advisers ◽  
Practical Implications

Purpose The purpose of this paper is to examine non-compliance of licence holders towards disclosure-based regulation in Malaysian securities markets in relation to the implementation of the disclosure-based regulation. Design/methodology/approach This survey was conducted among 107 principal and representative licensees registered with the Securities Commission of Malaysia. They consist of licensed dealers, investment advisers and fund managers. The majority of the respondents were capital markets and services representative licensees, while only 17 respondents were capital markets and services licensees. Findings The survey indicates that non-compliance occurs because of lack of ethical values and orientation of the players in the industry. In addition, non-compliance was also reported to occur due to lack of understanding of law and regulations, inefficient company’s surveillance, control and internal monitoring programmes and weaknesses in the implementation and enforcement of law. Other reasons include greed (wanting to be rich quickly), selective application of the law, complicity between offenders and regulators, slow judicial processes and high legal cost for victims to pursue compensation. Practical implications As the enforcement agency, Securities Commission should further enhance efforts to monitor and enforce the law of capital markets. On the other hand, the courts have to impose fines on criminals based on the extent of the losses investors have suffered by investors and on the effects of the crime on market stability. More importantly, ethics training should be carried out to license holders by the relevant bodies and agencies in the securities market. Originality/value This paper provides measures on how to curb the unethical behaviour by carrying out ethics training and introducing new rules and regulations for the industry.

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