Breach

Distribution by Scientific Domains

Kinds of Breach

  • contract breach
  • psychological contract breach


  • Selected Abstracts


    BREACH AND FULFILLMENT OF THE PSYCHOLOGICAL CONTRACT: A COMPARISON OF TRADITIONAL AND EXPANDED VIEWS

    PERSONNEL PSYCHOLOGY, Issue 4 2003
    LISA SCHURER LAMBERT
    Breach and fulfillment in a psychological contract has traditionally been studied with approaches that are conceptually and methodologically limited. We compared predictions derived from the traditional view to predictions from an expanded view that maintains the distinction between promised and delivered inducements and examines their joint relationship with employee satisfaction. The traditional and expanded views were compared using longitudinal data and polynomial regression analysis. Results provided little support for the traditional view. In contrast, results supported the expanded view and revealed that relationships for breach and fulfillment are more complex than previously suggested. Specifically, satisfaction depended on whether breach represented deficient or excess inducements and the particular inducement under consideration. Moreover, satisfaction was more strongly related to delivered inducements than promised inducements. These results question basic tenets of psychological contract research and indicate new avenues for research that build on the expanded view developed in this article. [source]


    In defence of breach: a critique of restitution and the performance interest,

    LEGAL STUDIES, Issue 2 2002
    David Campbell
    The modern argument that the law of obligations should be recast in restitutionary terms appears to have achieved its victory over contract in A-G v Blake. Although ritual obeisance to compensatory damages is made, Blake recognises a general restitutionary remedy for breach of contract the logic of which must be to undermine completely the expectation interest. The general effect of restitutionary rather than expectation-based remedies will be to furnish a greater deterrent against breach, a result welcomed by advocates of the ,performance interest'. All this would be well were all breaches ,wrongs' which should be deterred. This, however, is not so. Breach has a positive, indeed essential, role in the operation of the law of contract as the legal institution regulating economic exchange and pursuit of its general prevention is inconsistent with the operation of a market economy. The victory of restitution therefore is illusory: it is impossible that the position established in Blake can be sustained. [source]


    Is breach of confidence a fiduciary wrong?

    LEGAL STUDIES, Issue 4 2001
    Preserving the reach of judge-made law
    Breach of confidence is in danger of being enveloped by fiduciary doctrine. Law's ability to discipline confidence-breaking by computer hackers and persons unknown to their victims may be lost if this wrong's separateness is not maintained. Distinct moral imperatives and policies arise when confidentiality is protected. However, A-G v Blake casts doubt on the independence of breach of confidence and breach of fiduciary duty. Conflation of the wrongs may have occurred at Britain's highest appellate level. Similar developments can seen in Australia, Canada, Malaysia and New Zealand. [source]


    BREACH AND FULFILLMENT OF THE PSYCHOLOGICAL CONTRACT: A COMPARISON OF TRADITIONAL AND EXPANDED VIEWS

    PERSONNEL PSYCHOLOGY, Issue 4 2003
    LISA SCHURER LAMBERT
    Breach and fulfillment in a psychological contract has traditionally been studied with approaches that are conceptually and methodologically limited. We compared predictions derived from the traditional view to predictions from an expanded view that maintains the distinction between promised and delivered inducements and examines their joint relationship with employee satisfaction. The traditional and expanded views were compared using longitudinal data and polynomial regression analysis. Results provided little support for the traditional view. In contrast, results supported the expanded view and revealed that relationships for breach and fulfillment are more complex than previously suggested. Specifically, satisfaction depended on whether breach represented deficient or excess inducements and the particular inducement under consideration. Moreover, satisfaction was more strongly related to delivered inducements than promised inducements. These results question basic tenets of psychological contract research and indicate new avenues for research that build on the expanded view developed in this article. [source]


    The Assessment of Gain-Based Damages for Breach of Contract

    THE MODERN LAW REVIEW, Issue 4 2008
    Ralph Cunnington
    This article argues that there are two different measures of gain-based damages for breach of contract: the Wrotham Park measure and the Blake measure. The former is assessed by reference to the objective value of the benefit received by the defendant and the latter by reference to the defendant's subjective gain. In assessing Wrotham Park damages the courts apply a fixed formula, determining the price that a reasonable person in the position of the claimant might have demanded from the defendant at the time of breach for relaxing its rights under the contract. The Blake measure is different; it requires the defendant to disgorge the actual net profit received from the breach. Unlike the Wrotham Park measure, it deals only with positive and not negative gains. It is also limited by the doctrine of causation so that only those gains that are ,directly occasioned' by the breach are recoverable. [source]


    Reconstructing Insurance Law: The Law Commissions' Consultation Paper

    THE MODERN LAW REVIEW, Issue 1 2008
    Rob Merkin
    In July 2007 the English and Scottish Law Commissions published the consultation paper Insurance Law , Non-disclosure and Breach of Warranty (hereafter LCCP) which sets out in detail the Commissions' provisional proposals for the reform of insurance contract law with particular reference to the key areas of utmost good faith, warranties and agency. This article analyses, from a critical standpoint, the LCCP's principal conclusions and recommendations. It begins by noting, as a means of demonstrating that the current reform process should be informed by modern industry practices, that the ways in which modern insurance contracts are concluded differ significantly from those when insurance law was last reviewed by the Law Commission in 1980. The article then discusses the dichotomy between consumer and business insurance given that this distinction underpins the LCCP and its approach towards reforming the pre-contractual duty of good faith. By way of backdrop to the analysis, we consider the approach taken towards reforming the law governing intermediaries acting for prospective assureds during the disclosure process. Finally, the proposed rules for warranties and similar terms are examined. It is argued that the proposal to retain continuing warranties in business insurance contracts will, if implemented, represent a missed opportunity to rid insurance contracts of terms long criticised as draconian and disproportionate in their effect. [source]


    Transforming Breach of Confidence?

    THE MODERN LAW REVIEW, Issue 5 2003
    Towards a Common Law Right of Privacy under the Human Rights Act
    This article examines the development of a remedy for unauthorised publication of personal information that has resulted from the fusion of breach of confidence with the limited ,horizontal' application of Article 8 of the ECHR via the Human Rights Act. Its analysis of Strasbourg and domestic post-HRA case law reveals the extent to which confidence has in some areas been radically transformed into a privacy right in all but name; however it also seeks to expose the analytical and normative tensions that arise in the judgments between the values of confidentiality and privacy as overlapping but not coterminous concepts, due in part to the failure to resolve decisively the horizontal effect conundrum. This judicial ambivalence towards the reception of privacy as a legal right into English law may, it will argue, also be seen in the prevailing judicial approach to the resolution of the conflict between privacy and expression interests which, it will suggest, is both normatively and structurally inadequate. [source]


    The Continuing Value of Relief for Directors' Breach of Duty

    THE MODERN LAW REVIEW, Issue 2 2003
    Rod Edmunds
    The nature and scope of relief for directors in breach of their duties did not figure prominently in the Steering Group's fundamental review of company law. Little is proposed beyond removing one of the two pre-conditions for relief laid down in section 727 of the Companies Act 1985; the requirement of reasonableness. This article seeks to subject the relieving discretion to a more radical re-appraisal. Drawing upon the views expressed by its architects together with the current judicial approach adopted towards the provision, it is argued that its underlying rationale would be better met if the test for relief was based solely upon the court's determination of fairness. It will be demonstrated that such a model would better serve to bolster the fundamental tenets of transparency, simplicity and accessibility that underpin the approach of the Government's White Paper towards company law reform while also reinforcing the continuing value of relief. [source]


    Guidelines on Sanctions for Breach: Hale v Tanner

    THE MODERN LAW REVIEW, Issue 4 2001
    Roger Kay
    [source]


    Berkeley on Immediate Perception: Once More unto the Breach

    THE PHILOSOPHICAL QUARTERLY, Issue 225 2006
    Georges Dicker
    I have previously argued that within an argument to show that we cannot perceive the causes of our sensations, Berkeley's Philonous conflates a psychological and an epistemic sense of ,immediately perceive', and uses the principle of perceptual immediacy (PPI), that whatever is perceived by the senses is immediately perceived. George Pappas has objected that Berkeley does not operate with either of these concepts of immediate perception, and does not subscribe to (PPI). But I show that Berkeley's argumentative strategy requires him to use these two concepts, and that the concept of immediate perception Pappas attributes to Berkeley would weaken this strategy. I also defend attributing to Berkeley a slightly modified version of (PPI), on which it both serves his strategy and allows sense perception to incorporate what he calls ,suggestion'. [source]


    Investigating the Moderating Effects of Leader,Member Exchange in the Psychological Contract Breach,Employee Performance Relationship: A Test of Two Competing Perspectives

    BRITISH JOURNAL OF MANAGEMENT, Issue 2 2010
    Simon Lloyd D. Restubog
    Leader,member exchange (LMX) has been characterized as a form of social support capable of buffering the effects of negative work experiences. However, employees with high-quality relationships with leaders in the organization may have stronger negative reactions when psychological contracts are breached. Thus, while a social support perspective would suggest that LMX minimizes the adverse impact of psychological contract breach on employee performance, a betrayal perspective proposes that high LMX would aggravate the negative effects. Using cross-sectional and longitudinal research designs, results across three samples provided support for the betrayal perspective. That is, breach had a stronger negative relationship with organizational citizenship behaviours and in-role performance under conditions of high LMX. Implications of these results and future research directions are discussed. [source]


    Source of toxicity in storm water: Zinc from commonly used paint

    ENVIRONMENTAL TOXICOLOGY & CHEMISTRY, Issue 1 2004
    Lynn Adams Kszos
    Abstract A Department of Energy site in Paducah, Kentucky (USA), stores thousands of cylinders of depleted uranium hexa-fluoride. Breaches of the cylinders could result in the release of uranium and hydrogen fluoride. Beginning in 1996, a program was begun to paint the cylinders in order to prevent corrosion of the cylinders and the surfaces of the storage yards were converted to concrete. In 1998, storm water from the cylinder storage yards was found to be toxic to Ceriodaphnia, at concentrations exceeding limits in the site's discharge permit. A six-month study was conducted to identify the source of the toxicity in the storm water. Ceriodaphnia toxicity tests with the storm water resulted in 48-h median lethal concentrations (LC50) ranging from 12 to 94%; zinc concentrations in the storm water ranged from 0.08 to 0.54 mg/L. Acute toxicity tests with zinc and linear regression identified that zinc concentrations in the storm water were sufficient to account for the toxicity observed. By tracking the sources to the discharge point, newly painted cylinders were identified as the source of the zinc in the storm water. Rainwater collected directly from the painted cylinders contained up to 13 mg Zn/L. Laboratory and field tests showed that topcoating the cylinders would reduce the amount of zinc in the runoff from the cylinders. [source]


    Alcohol marketing on the internet: new challenges for harm reduction

    DRUG AND ALCOHOL REVIEW, Issue 1 2002
    TOM E. CARROLL
    While much has been made of the problems of regulating alcohol and other drug promotion in the traditional media of print, radio and newspapers, the ,new media' and in particular the world wide web, provides new fertile ground for alcohol advertisers. In this Harm Reduction Digest Tom Carroll and Rob Donovan apply the voluntary standards of the Alcohol Beverages Advertising Code to six websites for alcohol products available in Australia. They conclude that the internet provides an opportunity for alcohol marketing targeted at underage consumers, that some alcohol-related web pages would be in breach of the Code if it applied to the internet, and suggest that web marketing practices of alcohol beverage companies should be monitored and a code of practice developed to regulate alcohol promotion on the web. [source]


    Self, in-group, and out-group evaluation: bond or breach?

    EUROPEAN JOURNAL OF SOCIAL PSYCHOLOGY, Issue 5 2003
    Reinout E. De Vries
    A number of studies have looked at causes of in-group bias, but few studies have actually investigated whether the two components of in-group bias, i.e. in-group and out-group evaluation, are related to each other and whether they have similar or different predictors. In the Fiji Islands, self-, in-group, and out-group evaluations were obtained using within-subject correlations from a sample of 336 indigenous and Indian Fijians. Self-evaluation was positively related to in-group evaluation, and both were positively related to out-group evaluation, supporting a spillover model. After controlling for background variables and the other evaluation variables, regression analyses showed that in-group identification was positively related to in-group evaluation, and social distance and political ethnocentrism were negatively related to out-group evaluation. Additionally, ethnicity interacted with collective self-esteem in determining both in-group favouritism and out-group derogation. Copyright 2003 John Wiley & Sons, Ltd. [source]


    HYDROLOGY AND GEOMORPHIC EFFECTS OF A HIGH-MAGNITUDE FLOOD IN AN ALPINE RIVER

    GEOGRAFISKA ANNALER SERIES A: PHYSICAL GEOGRAPHY, Issue 1 2007
    DAVID MORCHE
    ABSTRACT. The catchment of the River Partnach, a torrent situated in a glacial valley in the Northern Calcareous Alps of Bavaria/Germany, was affected by a high-magnitude flood on 22/23 August 2005 with a peak discharge of more than 16 m3s -1 at the spring and about 50 m3s -1 at the catchment outlet. This flood was caused by a long period of intense rainfall with a maximum intensity of 230 mm per day. During this event, a landslide dam, which previously held a small lake, failed. The flood wave originating from the dam breach transported a large volume of sediment (more than 50 000 m3) derived from bank erosion and the massive undercutting of a talus cone. This caused a fundamental transformation of the downstream channel system including the redistribution of large woody debris and channel switching. Using terrestrial survey and aerial photography, erosional and depositional consequences of the event were mapped, pre- and post-event surfaces were compared and the sediment budget of the event calculated for ten consecutive channel reaches downstream of the former lake. According to the calculations more than 100 000 tonnes of sediment were eroded, 75% of which was redeposited within the channel and the proximal floodplain. A previous large flood which occurred a few weeks prior to the August 2005 event had a significant effect on controlling the impact of this event. [source]


    The diagnosis of dysplasia and malignancy in Barrett's oesophagus

    HISTOPATHOLOGY, Issue 2 2000
    REVIEW
    Barrett's metaplasia is associated with an increased risk for adenocarcinoma. Adenocarcinoma develops through a multistep process characterized by defects in genes and morphological abnormalities. The early morphological changes of the process are called ,dysplasia'. Dysplasia is defined as an unequivocal neoplastic (premalignant) transformation confined within the basement membrane. For most Western pathologists malignancy is defined as invasion and characterized by a breach through the basement membrane. Japanese pathologists rely on cytological atypia and complex branching of crypts. Cytological and architectural abnormalities allow identification of dysplasia on routinely stained sections. A distinction is made between low- and high-grade dysplasia. The differential diagnosis between low-grade dysplasia and reactive changes can be difficult. Therefore a second opinion is strongly recommended, not only for high-grade dysplasia but also for low-grade. Immunohistochemistry for p53 and flow cytometry for detection of aneuploidy can support the diagnosis. Identification of dysplasia and malignancy depends on the number of biopsy samples examined. The minimum number of biopsies required has not yet been determined and depends partly on the length of the metaplastic segment. It has been proposed to sample with four quadrant biopsies at 20-mm intervals. New endoscopic techniques can increase the diagnostic yield. Endoscopically visible lesions increase the risk of finding malignancy. The time sequence for the progression of dysplasia is not known but progression from low- to high-grade and cancer has been shown to occur over a period of years although it may not be inevitable. [source]


    Tudor dynastic problems revisited*

    HISTORICAL RESEARCH, Issue 212 2008
    E. W. Ives
    This article reassesses Henry VIII's succession acts. It argues that the first was primarily concerned with the breach with Rome, but that the second and third revolutionized succession law. Parliament accepted Henry's right to limit the succession to legitimate ,heirs of his body', so excluding collaterals, and to designate in their place whoever he wished to succeed. This allowed him to deny the crown to Mary and Elizabeth because of illegitimacy, but enabled them to succeed as his nominees. The original legislation shows an awareness of the contradiction in this. The consequent difficulty in reconciling common law and statute was at the heart of the 1553 crisis, the claims of both Mary and Elizabeth and the ongoing Elizabethan succession debate. The accession of James I punctured Henry's scheming and marked a return to common law rules. [source]


    Mentors, supervisors and role models: do they reduce the effects of psychological contract breach?

    HUMAN RESOURCE MANAGEMENT JOURNAL, Issue 3 2009
    Thomas J. Zagenczyk
    Psychological contract breach has become a significant problem for many organisations in today's business environment because it fosters a belief within employees that the organisation does not support them. Accordingly, we examine whether organisations can diminish the negative impact of psychological contract breach on perceived organisational support (POS) by providing employees with mentors, supportive supervisors and role models. In Study 1, we found that mentor relationships moderated the relationship between psychological contract breach and POS six months later. In Study 2, we showed that mentor relationships and supervisor support reduced the negative impact of contract breach on POS. Contrary to expectations, employees who maintained relationships with role models reported lower levels of POS in response to psychological contract breach than those employees who reported that they did not have role models in their organisations. Implications for research and practice are discussed. [source]


    Evidence for seasonal subglacial outburst events at a polythermal glacier, Finsterwalderbreen, Svalbard

    HYDROLOGICAL PROCESSES, Issue 12 2001
    J. L. Wadham
    Bulk runoff and meteorological data suggest the occurrence of two meltwater outburst events at Finsterwalderbreen, Svalbard, during the 1995 and 1999 melt seasons. Increased bulk meltwater concentrations of Cl, during the outbursts indicate the release of snowmelt from storage. Bulk meltwater hydrochemical data and suspended sediment concentrations suggest that this snowmelt accessed a chemical weathering environment characterized by high rock:water ratios and long rock,water contact times. This is consistent with a subglacial origin. The trigger for both the 1995 and 1999 outbursts is believed to be high rates of surface meltwater production and the oversupply of meltwater to areas of the glacier bed that were at the pressure melting point, but which were unconnected to the main subglacial drainage network. An increase in subglacial water pressure to above the overburden pressure lead to the forcing of a hydrological connection between the expanding subglacial reservoir and the ice-marginal channelized system. The purging of ice blocks from the glacier during the outbursts may indicate the breach of an ice dam during connection. Although subglacial meltwater issued continually from the glacier terminus via a subglacial upwelling during both melt seasons, field observations showed outburst meltwaters were released solely via an ice-marginal channel. It is possible that outburst events are a seasonal phenomenon at this glacier and reflect the periodic drainage of meltwaters from the same subglacial reservoir from year to year. However, the location of this reservoir is uncertain. A 100 m high bedrock ridge traverses the glacier 65 km from its terminus. The overdeepened area up-glacier from this is the most probable site for subglacial meltwater accumulation. Copyright 2001 John Wiley & Sons, Ltd. [source]


    The End of Phenomenology: Bergson's Interval in Irigaray

    HYPATIA, Issue 3 2000
    DOROTHEA E. OLKOWSKI
    Luce Irigaray is often cited as the principle feminist who adheres to phenomenology as a method of descriptive philosophy. A different approach to Irigaray might well open the way to not only an avoidance of phenomenology's sexist tendencies, but the recognition that the breach between Irigaray's ideas and those of phenomenology is complete. I argue that this occurs and that Irigaray's work directly implicates a Bergsonian critique of the limits of phenomenology. [source]


    The duties of a receiver/manager in Nigeria and Ghana,

    INTERNATIONAL INSOLVENCY REVIEW, Issue 1 2005
    E. S. Nwauche
    This paper critically examines the duties of receiver/managers in Nigeria and Ghana with a view to determining their adequacy or otherwise. The paper distinguishes between a receiver/manager appointed pursuant to ownership or management dispute and a receiver/manager appointed pursuant to the realization of security. With respect to the former the paper concludes that the persons appointed thereby are better described as managers and suggests a more detailed elaboration of their duties. To determine the duties of receiver/managers appointed to realize security the paper examines the meaning of the receiver/managers; the capacity to be appointed to that office and the duties of a receiver/manager appointed by the court as well as those appointed out of court by the security holders. The paper also considers the consequences of a breach of duty and concludes that the law on receivership is largely the same in Nigeria and Ghana even though there is more litigation in Nigeria. Furthermore the paper suggests the importance of appointing professionals as receiver/managers; the need for the clarity of rules to enable the receiver/managers effectively discharge their duties to enable an assessment of the adequacy of the duties. In this regard the paper recommends a comprehensive reform of insolvency law in Nigeria and Ghana. Copyright 2005 John Wiley & Sons, Ltd. [source]


    Safety of supracostal punctures for percutaneous renal surgery

    INTERNATIONAL JOURNAL OF UROLOGY, Issue 10 2006
    RAJIV YADAV
    Aim: Supracostal superior calyceal access has been shown to be the most suitable approach for staghorn calculi, calculi in the upper ureter and complex inferior calyceal calculi, as well as for antegrade endopyelotomy. However, many urologists hesitate in using this approach because of the potential for chest complications. The aim of this study was to analyze one institution's data regarding the safety and efficacy of this approach for percutaneous renal surgery. Methods: A total of 890 renal units (762 patients) were treated with percutaneous renal surgery (849 percutaneous nephrolithotomy, 41 antegrade endopyelotomy) from July 1998 to July 2004. Supracostal access was obtained in 332 (37.3%) patients. The indications for a supracostal approach were ureteropelvic junction obstruction, staghorn and complex inferior calyceal calculi, and stones in the upper calyx or the upper ureter. All punctures were made by the urologist under C-arm fluoroscopic guidance in the prone position. Results: The interspace between 11th and 12th rib was used in all except four patients in whom the puncture was made above the 11th rib. Eleven patients (3.31%) had a pleural breach presenting with fluid in the chest. Insertion of a chest tube was required in seven patients, while other four were managed conservatively. No patient had injury to the lung or other viscera. Hospital stay was not significantly prolonged as a result of the pleural breach in any patient. Except for staghorn calculi where multiple tracts were a necessity for maximal clearance, a single supracostal superior or middle posterior calyceal access served the purpose in 86% (177/205) of patients who underwent percutaneous surgery for renal or upper ureteric calculi. Conclusions: The supracostal superior calyceal approach was found to be effective as well as safe, with an acceptably low risk of chest complications. [source]


    The Boys from Bothaville, or the Rise and Fall of King Maize: A South African Story

    JOURNAL OF AGRARIAN CHANGE, Issue 4 2004
    HENRY BERNSTEIN
    This paper tells the story, for the first time, of a maverick maize farmers' association in South Africa during the period of apartheid. NAMPO (National Maize Producers' Organization), that grew out of SAMPI (South African Maize Producers' Institute), ultimately achieved a unique, if short-lived, breach in the normal operations of ,organized agriculture': a set of relations and practices that bound together white farmers, the National Party and the state. The paper provides an account of SAMPI/NAMPO's project of ,King Maize' and an explanation of its fall after a brief period of victory from 1981 to 1985. This explanation draws on broader patterns of agrarian change in contemporary capitalism combined with the fracturing of the original agrarian bloc of apartheid in the 1980s, marking the end of a ,second moment' of South Africa's version of a Prussian path of capitalist development. [source]


    Risk management with suicidal patients

    JOURNAL OF CLINICAL PSYCHOLOGY, Issue 2 2006
    Alan L. Berman
    The patient who is at-risk for suicide is complex and is difficult to evaluate and treat effectively. Should suicidal behavior occur, the clinician faces the potential wrath of bereaved survivors and their externalized blame exercised through a malpractice suit. The clinician's duty of care to a patient is to act affirmatively to protect a patient from violent acts against self. A finding of malpractice is established if the court finds that this duty was breached, through an act of omission or commission relative to the standard of care, and that this breach was proximately related to the patient's suicidal behavior. This article discusses the standard of care and factors that determine liability in a suicide death of a patient. An extensive list of recommendations for competent caregiving for the at-risk patient and risk management guidelines are then presented. 2005 Wiley Periodicals, Inc. J Clin Psychol: In Session 62: 171,184, 2006. [source]


    Private Enforcement of Corporate Law: An Empirical Comparison of the United Kingdom and the United States

    JOURNAL OF EMPIRICAL LEGAL STUDIES, Issue 4 2009
    John Armour
    It is often assumed that strong securities markets require good legal protection of minority shareholders. This implies both "good" law,principally, corporate and securities law,and enforcement, yet there has been little empirical analysis of enforcement. We study private enforcement of corporate law in two common-law jurisdictions with highly developed stock markets, the United Kingdom and the United States, examining how often directors of publicly traded companies are sued, and the nature and outcomes of those suits. We find, based a comprehensive search for filings over 2004,2006, that lawsuits against directors of public companies alleging breach of duty are nearly nonexistent in the United Kingdom. The United States is more litigious, but we still find, based on a nationwide search of court decisions between 2000,2007, that only a small percentage of public companies face a lawsuit against directors alleging a breach of duty that is sufficiently contentious to result in a reported judicial opinion, and a substantial fraction of these cases are dismissed. We examine possible substitutes in the United Kingdom for formal private enforcement of corporate law and find some evidence of substitutes, especially for takeover litigation. Nonetheless, our results suggest that formal private enforcement of corporate law is less central to strong securities markets than might be anticipated. [source]


    The Intergenerational Cycle of Criminality,Association with Psychopathy,

    JOURNAL OF FORENSIC SCIENCES, Issue 1 2010
    Eila Repo-Tiihonen M.D., Ph.D.
    Abstract:, Preventive interventions early in life are likely to lower the risk of intergenerational transmission of criminal behavior. We investigated if psychopathy among homicidal offenders is associated with criminal offending among the offenders' offspring. The basic sample consisted of consecutive Finnish homicide offenders (during 1995,2004) who had been subjected to a forensic psychiatric examination and rated for a file-based PCL-R, and their offspring. Criminal behavior among both genders of the offspring was more common than in the general population. In general, the offspring's crimes against others (e.g., threat, intimidation, deprivation of freedom, breach of domicile) were associated with their parent's psychopathy. A grandfather's major mental disorder was associated with a high rate of crime committed by the offspring. Especially, the sons of male psychopathic homicidal offenders had the highest rate of committing crimes, which was often expressed as vandalism. However, both genders of offspring seem to require special preventive programs to ameliorate these problems. [source]


    Capitalism, Unfree Labor and Colonial Doxa: The Master and Servant Act from Britain to Hong Kong, 1823,1932

    JOURNAL OF HISTORICAL SOCIOLOGY, Issue 2 2010
    WAI KIT CHOI
    The Master and Servant Act was a law that allowed the use of penal sanction against workers for breach of contract in nineteenth century Britain. For scholars who believe that wage laborers under capitalism are free from "extra-economic" coercion, this law was an anomaly. One explanation suggests technological backwardness during the early stages of capitalism as the cause. In this paper I will challenge this account and offer an alternative explanation. As the British Empire expanded, the same law was enacted in many British colonies. If it was the process of capitalist production that rendered the Master and Servant Act necessary, this explanation should also apply to the British colonies. By focusing on Hong Kong, I show that this was not the case. Instead, I show that the use of judiciary coercion could be explained by Bourdieu's notions of doxa, habitus and field. [source]


    A psychological contract perspective on organizational citizenship behavior,

    JOURNAL OF ORGANIZATIONAL BEHAVIOR, Issue 8 2002
    Jacqueline A-M.
    This study examined the contribution of the psychological contract framework to understanding organizational citizenship behavior (OCB) using survey data gathered at three measurement points over a three-year period from 480 public sector employees. Separating perceived contract breach into its two components (perceived employer obligations and inducements), the data suggest that perceived employer obligations explained unique variance in three dimensions of citizenship behavior (helping, advocacy and functional participation) beyond that accounted for by perceived employer inducements. Employees' acceptance of the norm of reciprocity moderated the relationship between employer inducements and the dimensions of advocacy and functional participation. Employees' trust in their employer moderated the relationship between perceived employer obligations and the dimensions of advocacy and functional participation. Contrary to the hypothesis, procedural or interactional justice did not moderate the relationship between employer inducements and OCB. The implications of the findings for psychological contract research are discussed. Copyright 2002 John Wiley & Sons, Ltd. [source]


    A daily diary study of affective responses to psychological contract breach and exceeded promises

    JOURNAL OF ORGANIZATIONAL BEHAVIOR, Issue 3 2002
    Neil Conway
    The psychological contract has been viewed as an explanatory framework for understanding the employment relationship, and is regarded by some researchers as central in understanding employee attitudes and behavior. Despite the importance ascribed to the psychological contract, it remains theoretically underdeveloped and has received limited empirical attention. This study takes a new approach to researching the psychological contract, through the use of daily diaries, and addresses a number of fundamental questions regarding its nature. Results show that both broken and exceeded promises occur regularly and in relation to virtually any aspect of work, that the importance of the promise contributes significantly to emotional reactions following broken and exceeded promises, and that the psychological contract is an important concept for understanding everyday fluctuations in emotion and daily mood. Copyright 2002 John Wiley & Sons, Ltd. [source]


    Not seeing eye to eye: differences in supervisor and subordinate perceptions of and attributions for psychological contract breach

    JOURNAL OF ORGANIZATIONAL BEHAVIOR, Issue 1 2002
    Scott W. Lester
    This study examines supervisor and subordinate perceptions of and attributions for psychological contract breach. The data suggest that supervisor and subordinate perceptions are most likely to differ on the extent to which the organization violated its obligations to provide fair pay, advancement opportunities, and a good employment relationship. In addition, the results indicate that the greater the degree of psychological contract breach reported by subordinates, the less committed they are to the organization and the lower their job performance (as rated by their supervisor). Moreover, when psychological contract breach is perceived, supervisors' and subordinates' attributions regarding the reasons for the breach are likely to differ. Specifically, the findings suggest that subordinates are more likely to attribute breach to the organization's intentional disregard for the commitments that it had made to the employee, while supervisors are more inclined to attribute breach to situations beyond the organization's direct control. Copyright 2001 John Wiley & Sons, Ltd. [source]