<i>The American Spirit: Who We Are and What We Stand For</i>. By David McCullough. (New York, NY: Simon &amp; Schuster, 2017. Pp. xv, 176. $25.00.)

Friedman, Max Paul

doi:10.1111/hisn.12868

Cited by 3 publications

(4 citation statements)

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“…Much of the existing literature on this subject elaborates on the moral foundations of the law. For example, the law is often viewed as a reflection of the moral commitments that the society upholds irrespective of the law (Bilz & Nadler, 2009; Friedman, 2005; Rosenberg, 1991). Legal actors (such as legislators or judges) seem to understand the role of the law as reflecting the moral values shared by the polity, and change the law or its interpretation in response to shifts in societies’ moral values (Abraham, 1999; Flemming & Wood, 1997; Hurwitz, Mishler, & Sheehan, 2004).…”

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confidence: 99%

Law and moral order: The influence of legal outcomes on moral judgment.

Mentovich¹,

Zeev‐Wolf²

2018

Psychology, Public Policy, and Law

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The current project explores a surprisingly overlooked question regarding the influence of legal outcomes on people's personal morality. In 4 studies utilizing different scenarios of ethically questionable behavior, we compared the influence of 4 potential legal outcomes: indictment, conviction, exoneration, and closing the case without charges (Studies 1-4); we also examined the influence of these outcomes against the benchmark of people's default moral positions in the absence of legal information (Studies 3-4), and looked at the role of legitimacy as a potential moderator (Studies 2-3). Results revealed that, as expected, legal outcomes affected people's personal moral judgments. More specifically, we found that: (a) exoneration and closing the case increased the moral permissibility of the conduct at stake relative to conviction and indictment (Studies 1-4); (b) there was largely no impact of judicial versus nonjudicial outcomes, such that no differences were found between closing the case without charges and exoneration, or between indictment and conviction (Studies 1-3); (c) the impact of the specific legal outcome compared with people's default moral judgments was dependent on the issue at stake (Studies 3-4); and (d) legitimacy did not moderate the results, such that legal outcomes influenced moral judgment whether or not people held the legal system as legitimate. Taken together, this research suggests that both judicial and nonjudicial legal outcomes play an important role in influencing people's moral judgments, which has not been previously recognized.

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confidence: 99%

Law and moral order: The influence of legal outcomes on moral judgment.

Mentovich¹,

Zeev‐Wolf²

2018

Psychology, Public Policy, and Law

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“…Each case of incorporation needed a special charter (special incorporation act) from the state legislature. With the birth of corporate capitalism, it became necessary to establish more flexible corporate laws that would allow businesses to operate with greater independence and less cumbersome oversight (Friedman, 2005). A landmark legal decision occurred in 1819 when the United States Supreme Court recognized the corporation as a legally created entity.…”

Section: The Genesis Of the Corporationmentioning

confidence: 99%

The evolutionary journey of the American corporation and its governance over two centuries

Rebeiz

2023

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Purpose This study aims to explore the evolutionary trajectory of American corporations and their governance over the past few centuries, using a multidisciplinary investigative approach. The research focuses on the American business landscape because it has played a pivotal role in shaping the field of corporate governance theory and practice. Design/methodology/approach The author thoroughly investigates archival records, legal documents, academic publications, reputable databases and pertinent literature to unearth valuable insights into the key events that have influenced the evolutionary path of American corporations and their governance throughout history. Findings Delving into the evolutionary journey of American corporations and their governance reveals a multifaceted narrative, enhancing our comprehension of the impact of the external socio-economic environment, and the effectiveness and limitations of established corporate governance paradigms in addressing such transformations. This introspection establishes the groundwork for ongoing discussions concerning how corporate governance should adapt to meet the evolving needs and expectations of stakeholders and society as a whole, with a specific focus on the pivotal role that boardrooms could play in this regard. Practical implications The insights gained from this analysis offer practitioners a foundational resource to understand corporate governance in a complex business landscape. Armed with this understanding, practitioners can better align governance strategies with both historical context and contemporary requirements. Social implications The research has significant social implications in the sense that history highlights the importance of the society in influencing corporate governance practices. It specifically emphasizes the need for the board of directors to consider both shareholder value and social responsibility, while also fostering public trust and confidence. Originality/value Many corporate governance concepts are often used with limited understanding of their initial intent, resulting in their unquestioned adoption. In this paper, the author offers a contextual exploration of historical events that have contributed to the development of these diverse corporate perspectives. To the best of the author’s knowledge, there are exceedingly few, if any, papers that present comparably insightful and multidisciplinary insights into the evolutionary path of corporations and their governance, especially within a dynamic and influential market like that of the USA.

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“…Historical accounts in the United States have tended to support vigilantism, characterising it as a positive facet of American history. For example, Friedman’s (1985) study traces use of the term back to South Carolina in 1767, when a group of Frontiersmen formed the vigilante group, The Regulators. The men were committed to restoring order in the aftermath of local wars (Friedman, 1985; Wills, 2002).…”

Section: Literature Review – Vigilante Reborn!mentioning

confidence: 99%

“…For example, Friedman’s (1985) study traces use of the term back to South Carolina in 1767, when a group of Frontiersmen formed the vigilante group, The Regulators. The men were committed to restoring order in the aftermath of local wars (Friedman, 1985; Wills, 2002). Similarly, Dimsdale (1866/2003) gives a first-hand account in The Vigilantes of Montana, justifying vigilante activities in the 1860s:Is it lawful for citizens to slay robbers or murderers, when they catch them; or ought they to wait for policemen, where there are none, or put them in penitentiaries not yet erected?…”

Section: Literature Review – Vigilante Reborn!mentioning

confidence: 99%

The NEW adventures of the digital vigilante! Facebook users’ views on online naming and shaming

Dunsby

Howes

2018

Australian & New Zealand Journal of Criminology

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Increasingly, digital vigilante activity occurs via social media and can have negative consequences in the broader social world, a phenomenon that can be examined productively through a cultural criminological lens. One example of digital vigilantism is the online naming and shaming of people who are convicted or suspected of crime and subjecting them to embarrassment, harassment, and/or condemnation. To contribute to the prevention of negative impacts of online naming and shaming, this study aimed to better understand Australian Facebook users’ views about – and experiences of participating in – online naming and shaming. Participants (n = 122) were primarily young Tasmanian adults who completed an online qualitative survey. Over one-quarter (26%) of participants reported having liked posts that name and shame a person suspected or convicted of crime, with smaller proportions engaging with these posts by sharing or commenting on them. Whilst Facebook users recognised the potential for online naming and shaming to impede justice, they perceived the practice as appropriate if it would foster community awareness and maintain community welfare. The findings are discussed in light of the roles of Facebook users’ emotions, the social media as a cultural product, and the mediascape in constructing versions of reality. Practical implications of the study include the need for policing and media organisations to consider ways to meet their information needs without inadvertently encouraging acts of digital vigilantism. Overall, this study contributes to increased understanding of digital vigilantism and highlights the integral role of social media as a cultural product.

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The American Spirit: Who We Are and What We Stand For. By David McCullough. (New York, NY: Simon & Schuster, 2017. Pp. xv, 176. $25.00.)

Cited by 3 publications

References 0 publications

Law and moral order: The influence of legal outcomes on moral judgment.

Law and moral order: The influence of legal outcomes on moral judgment.

The evolutionary journey of the American corporation and its governance over two centuries

The NEW adventures of the digital vigilante! Facebook users’ views on online naming and shaming

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