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Chapter 12 discusses accountability in regulation. Accountability is part of a family of concepts that relate to the exercise of power and its abuses. It construes the relationship between regulators and regulatees according to principal-agent theory and explains how accountability can be an important mechanism for requiring answerability, ensuring that agents (regulators) do not drift from the interests of regulatees. The chapter explains that accountability consists of four elements: (i) a duty to explain; (ii) exposure to scrutiny; (iii) a potential ‘sanction’ or a consequence of some kind; and (iv) the possibility of being subject to independent review.
Shareholder engagement is pivotal in corporate governance, evolving beyond formal resolutions to impact business decisions. This chapter unveils the typically undisclosed dynamics of board-shareholder engagement through a survey of 171 SEC-registered corporations, targeting corporate secretaries, general counsel, and investor relations officers. The survey was complemented by a review of the disclosure on shareholder voting and engagement included in proxy statements filed by Russell 3000 companies during the 2018–2022 meeting seasons. Larger and mid-sized companies more frequently engage than smaller organizations. Engagement, often with major asset managers, can take a confrontational turn, particularly with hedge funds at smaller firms. Topics include executive incentive plans, ESG metrics, GHG emission reduction, workforce diversity, pay equity, and political spending. The study reveals that engagement significantly influences corporate practices, leading to changes, withdrawal of proposals, alterations in proxy votes, and the inclusion of engaged shareholder-nominated directors in management slates.
In recent years, shareholder driven climate activism has focused attention on “universal owners and managers” – asset owners and managers with significant stakes in all or nearly all public companies. Advocates push these asset managers to prioritize enhancing overall portfolio value over maximizing individual company value, promoting "systemic stewardship" even when it involves sacrificing individual firm value for the benefit of the overall portfolio. This chapter assesses whether universal owners can and should pursue such a strategy. Our analysis is pessimistic for three main reasons. First, inducing individual portfolio firms to reduce their carbon output to address environmental concerns may trigger a competitive response that will reduce gains for other portfolio companies. Second, current corporate law has a "single firm focus" that conflicts with the potential "multi-firm focus" of large portfolio investors and exposes corporate fiduciaries to potential liability if they sacrifice firm value for the benefit of investors’ other holdings. Third, universal owners, managing diverse portfolios for various clients, face conflicts with fiduciary duties and their multi-client business model when implementing a tradeoff strategy. Given these challenges, systemic stewardship strategies that entail substantial tradeoffs are unlikely to have any significant impact on mitigating climate change.
Datafication—the increase in data generation and advancements in data analysis—offers new possibilities for governing and tackling worldwide challenges such as climate change. However, employing data in policymaking carries various risks, such as exacerbating inequalities, introducing biases, and creating gaps in access. This paper articulates 10 core tensions related to climate data and its implications for climate data governance, ranging from the diversity of data sources and stakeholders to issues of quality, access, and the balancing act between local needs and global imperatives. Through examining these tensions, the article advocates for a paradigm shift towards multi-stakeholder governance, data stewardship, and equitable data practices to harness the potential of climate data for the public good. It underscores the critical role of data stewards in navigating these challenges, fostering a responsible data ecology, and ultimately contributing to a more sustainable and just approach to climate action and broader social issues.
This paper discusses some of the major ethical issues that arise in connection with the widespread holding of cultural heritage by private collectors. If, as many people believe, and UNESCO has affirmed, cultural heritage is, in some morally significant sense, everyone’s heritage, then the private acquisition of cultural heritage, although widely permitted in law, raises some significant ethical questions. I discuss the nature of the tension between public heritage and private ownership of heritage items and the possibility that more might be done by law to regulate the activities of private collectors before arguing the merits of a shift in the mindset of collectors from thinking of themselves as the unfettered owners of the heritage they acquire towards conceiving themselves primarily as stewards who protect and preserve that heritage on behalf of the wider community. There follows a detailed examination of practical ways in which collectors can discharge their stewardship role to the best effect, emphasizing, in particular, the fresh opportunities for doing so afforded to collectors by the new digital environment.
Chapter 5 considers the ways in which Piers Plowman attempts to translate a Franciscan form-of-life into vernacular, worldly terms. While the Franciscan forma vitae details the way of living for each brother, from his clothing to his daily activities to the correction of his faults, Piers Plowman details the means of making a living in an inappropriable world. I argue that the poem asks these questions by way of its sustained meditation on the meaning and nature of labour as the continual payment of an unpayable debt. Langland explores the value and meaning of labour most explicitly in and through the three figures in the poem who are most closely linked with Franciscanism, and who court most dangerously the charges of idleness and default: Rechelesnesse, Nede, and the Dreamer himself. As this chapter shows, the irreducibly ambiguous nature of these three figures, who mix truth with half-truth and misunderstanding, who aspire to the ideals taught by Holy Church, Patience, Kynde, and Conscience, but who embody an all-too-human failure to attain them, encapsulates the poem’s interpretive inappropriability.
Against the backdrop of failing environmental governance, rights of nature (RoN) are lauded as the paradigm shift needed to transform law's approach to nature. RoN have been increasingly proclaimed at the domestic level but remain mostly absent from international law. As examined in this article, this is notably as a result of some profound incompatibilities between international law and RoN, including the fact that most international treaties approach nature as a resource to be owned, exploited or protected for the sake of humans. However, despite this dominant approach to nature, some areas of international law, notably under the leadership of Indigenous peoples, are starting to acknowledge a more relational approach to nature, putting forward concepts of care, kinship, and representation of nature in international law. Building on these developments, this article offers a reflection on potential synergies between RoN and international law, specifically by changing the latter's approach to nature. It argues that some of the RoN concepts concerning duty of care, institutional representation of nature's voice, and ecocentrism could serve as a platform to reinterpret some of the anthropocentric principles of international law, creating some potential synergies between RoN and international law.
New information and evidence challenge equilibrium models. Fluctuations among livestock in African rangelands and northern fur seals in the Pacific Ocean do not conform to models of competition for resources maintaining populations in equilibrium. Rather than the self-interested competition for resources predicted by the tragedy of the commons, many societies regulate resource use through cooperative arrangements. Evidence from several disciplines undermines the concept of a stable climax association that perpetuates itself indefinitely. Some so-called climax communities depend on disturbances, including natural or anthropogenic burning. Some ecosystems have multiple stable states, and some reach irreversible tipping points, which are becoming more likely because of climate change. Viewing nature as in flux rather than in balance addresses these issues, while the current scale of environmental change infuses a sense of urgency into these discussions.
This article challenges the orthodox view of international law, according to which states have no legal duty to cooperate. It argues for this legal duty in the context of COVID-19, based on the ethical principles of solidarity, stewardship, and subsidiarity. More specifically, the article argues that states have a legal duty to cooperate during a pandemic (as solidarity requires); and while this duty entails an extraterritorial responsibility to care for and assist other nations (as stewardship requires), the legal duty to cooperate still allows states to attend first to the basic needs of those under their own jurisdiction—namely, fellow nationals and residents (as subsidiarity requires). The article provides a definition and philosophical justifications for this legal duty that are lacking in the literature by examining its application to a current COVID-19 controversy: namely, states’ responsibility to assist other countries in greater need by, inter alia, exporting at a discount or donating scarce COVID-19 treatments (including vaccines). In providing a principled tripartite account of pandemic governance, this conceptual and normative article offers a new lens for debating the potential international treaty for pandemic prevention, preparedness, and response that has now been drafted and is under negotiation at the World Health Assembly, by responding to the recent backlash against multilateralism by substantiating global co-responsibilities in times of pandemics and beyond.
The failure of stewardship by many colonialists is so profound that their blunder and neglect essentially mirror the same political and market forces that drive the climate crisis. Decolonising climate action thus requires the recognition, acknowledgement, and closure of histories of racism and greed.
The early seventh-century papyrus from the St Sergius Monastery at Nessana in Roman Third Palestine (Negev desert, Israel) illustrates how early byzantine monastic stewards categorized and handled lay donations. Called an ‘Account of Church Offerings’, P.Ness. III 79 preserves registers that formally separate gifts called ‘blessings’ (eulogiai) from ‘offerings’ (prosphorai). Though unique in the papyrus record, such categorical distinctions are also implied by contemporary hagiography; P.Ness III 79 confirms that monks formally recognized a categorical difference between these two types of gifts, as implied by hagiography. Moreover, hagiography indicates that blessings were considered gifts that did not oblige their recipients to give anything in return, while offerings expected recipients to provide some sort of service. Marks placed next to entries of offerings in P.Ness III 79 suggest that concern for obligation guided monastic stewardship practices. Such monastic practices and concerns may be illuminated by distinctions drawn between restricted and unrestricted gifts by modern non-profits.
Unauthorized cultural resource alterations range from looting and grave robbing to contract violations and wildland fires. Such alterations degrade cultural resources’ spiritual, communal, ecological, economic, and scientific values. Alterations often violate communal senses of place, security, and belonging. Alterations complicate jurisdiction-specific management, which is premised on up-to-date information on resource sizes, conditions, and significance. Cultural resource damage assessment protocols based on proven forensic practices distil to eight fieldwork steps: verify the alteration, assemble the team, survey the scene, document the evidence, gather the evidence, assess the archaeological value and the cost of repair and restoration, prescribe emergency remediation, and confirm evidence documentation and custody. The eight steps give special consideration to local communities and Indigenous Territories, where unauthorized alterations are as common as they are elsewhere, whereas impacts to spiritual and cultural values are generally greater. Adapted to jurisdiction- and incident-specific circumstances, the steps will guide responses to alterations by community leaders, land managers, regulators, law enforcement agents, and archaeologists, including preparation of excellent damage assessment reports. Damage assessment practitioners and land managers should refine these practices to deter alterations, engage Tribes and other affected communities, halt postalteration degradation, ensure accountability, and enable jurisdiction-scale curation of cultural resources and their unique value constellations.
The subject of environmental science (ES) was introduced into Bhutanese schools to educate students about sustainable environmental conservation. This study aims to answer the research question: What are the impacts of studying ES on Bhutanese students for environmental sustainability? The study employed mixed methods to draw data from interviews with six principals, 14 teachers and 189 students, and surveys with 14 teachers and 563 students from six secondary schools. Participants indicated the development of students’ Gross National Happiness value of sustainable environmental and socioeconomic development. However, an anthropocentric perspective appeared to be dominant among participants, suggesting a need to develop ecocentric worldviews to support sustainability. Most students noted their changed behaviours, development of optimism, stewardship and agency towards ecological sustainability from studying ES. To prepare students to take action to address sustainability issues, teachers could leverage students’ optimism, agency and stewardship through action-oriented approaches to teaching ES.
Although the dominant meaning of virtue today concerns human ethical capacity, the word had a much broader scope in Aristotle’s natural philosophy and in early-modern herbal and agricultural literature. This chapter tackles this ecological sense of “vertue” (as it was often spelled in the period), unpacking the resilient force it named in natural matter and the skill and virtue of stewardship it solicited from the humans entangled in its management in household, garden, or apothecary. As this chapter shows through readings of examples from Shakespeare, early modern practical texts, and modern environmental thinking, stewardship and resilience promise to capture the skills and virtues of household management in its broadest sense, to include care for the oikos shared by human and nonhuman creatures and systems – especially, in contemporary settings, in times of catastrophe. As keywords of contemporary environmental ethics, however, they have also been criticized for individualizing environmental virtue, undermining necessary structural change in favor of personal care and tenacity. This chapter suggests we might clarify this debate through a return to early modern vertues, by engaging the powers of nonhuman virtues and the legacy of these mixed and distributed agencies in the present.
Healthcare has an impact on everyone, and healthcare funding decisions shape how and what healthcare is provided. In this book, Stephen Duckett outlines a Christian, biblically grounded, ethical basis for how decisions about healthcare funding and priority-setting ought to be made. Taking a cue from the parable of the Good Samaritan (Luke 10:25-37), Duckett articulates three ethical principles drawn from the story: compassion as a motivator; inclusivity, or social justice as to benefits; and responsible stewardship of the resources required to achieve the goals of treatment and prevention. These are principles, he argues, that should underpin a Christian ethic of healthcare funding. Duckett's book is a must for healthcare professionals and theologians struggling with moral questions about rationing in healthcare. It is also relevant to economists interested in the strengths and weaknesses of the application of their discipline to health policy.
This chapter interrogates trends in how the natural world is taken up, governed and constituted by international law, in particular the growing marketisation of environmental governance. This chapter suggests it is fruitful to understand these contemporary forms of governance as constituted by the co-articulation of two older anthropocentric modalities of exercising power over nature: appropriative domination and stewardship. It provides a background to both these modalities, showing that though these are often understood as opposites, on a deeper level they are similar. It suggests that the ‘offset’ relation is the paradigmatic example of the co-articulation of these two modalities, as the ‘offset’ establishes a relationship between activities that damage the environment at one site and activities intended to protect, repair, or improve the environment elsewhere. This chapter situates such mechanisms as one element of a broader project to make nature legible in economic terms. In closing, this chapter considers the effects of the rise of ‘green governmentality’ and maps the terrain against which struggles for different nature/human relations take place.
Distinguishing between kinds of anthropocentrism and of biocentrism helps to disclose that White’s critique of theistic religions as anthropocentric and despotic miscarries, as does the different critique on the part of Passmore of ‘Greco-Christian arrogance’. The longstanding stewardship tradition of Christianity, Judaism and Islam facilitates an eco-friendly approach to the environment, particularly in its biocentric versions, and can be defended against criticisms from Palmer and Lovelock. Southgate, who misunderstands biocentrism as synonymous with Deep Ecology, favours both co-creation and stewardship; these approaches can be combined with each other and with Bauckham’s theme of the community of God’s creatures. Northcott does well to trace back modern ecological problems to seventeenth-century anti-communal and possessive individualism and the attitudes and practices emerging therefrom, but his communitarian and nature-friendly approach, while rightly understanding humanity as ‘dependent rational animals’ (MacIntyre), needs to become more cosmopolitan if these global problems are to be solved.
By distancing creation from nature Christianity rejected freer notions of nature as pagan or pantheist, while imposing a gender hierarchy that rivaled in orthodox fixity creation-from-nothing. Despite the advance of scientific rationalism, Enlightenment culture did not overthrow Christian gender hierarchy. While the ecofeminist movement seized on the liberation of women to bring about ecological change, its agenda stagnated when its activism decreased. Applying a critical-theological reading, this article sees gender hierarchy as subtly read into the Christian exegesis of Genesis rather than flowing from biblical revelation. Acknowledging our current culture as interreligious, it points to two movements forwards, pertaining to gender and creation. First, by locating gender roles in the Trinity, we can loosen the ties with creation and link them to the issue of difference. Second, based on the medieval theological parallelism of nature and scripture one can argue that, in an era where scriptural literacy has lost much of its force, nature can assume a prophetic role. This allows us to reconceive the nature complex insofar as it calls not only for the unity of all creatures as well as of all genders, but ultimately also for the unity of creation with the Creator, what Eriugena called, the unity of all natures.
The landscape of contemporary religious ecology is presented in this article as a variety of responses to disenchantment and what Lynn White identified as the theological roots of environmental ruin (Biblical divine transcendence and human exceptionality). The various positions are mapped in terms of those who deny divine transcendence and make nature, either as actually or only potentially infinite, the highest (pantheists); those who deny divine unicity and return to a pre-Christian, “enchanted” nature (neo-pagans); and those who defend in various ways the ecology of the Biblical account of creation (Jewish, Muslim, and Christian monotheists).
This chapter frames the historical and theological development of American Protestant understandings of work and vocation around three themes. First, American Protestant theologies of work and vocation reflect an ongoing tension between the spiritual and temporal planes. Second, American Protestant practices and articulations of work and vocation are interwoven with prevailing American Protestant theologies: eschatology, doctrines of God, anthropology, and soteriology. Yet, despite this, American Protestant understandings of work and vocation frequently exhibit theological inconsistency. Finally, a third theme prompting consideration is the heightened and somewhat unique context of consumerism that shapes American Protestant understandings of work and vocation. Consumerism presents an especially potent challenge for contemporary American Protestants who must resist the subtle co-opting of theologically informed understandings of work and vocation by the “consumerist machine.”