2007
DOI: 10.1007/s10551-006-9224-0
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Lord Acton and Employment Doctrines: Absolute Power and the Spread of At-Will Employment

Abstract: This study analyzes the at-will employment doctrine using a tool that encompasses the complementarity of results-based utilitarian ethics, rule-based duty ethics, and virtue-based character ethics. The paper begins with a discussion of the importance of the problem followed by its evolution and current status. After describing the method of analysis, the central section evaluates the employment at-will doctrine, and is informed by Lord Acton’s dictum, “power tends to corrupt, and absolute power corrupts abso… Show more

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Cited by 17 publications
(9 citation statements)
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“…For centuries, there has been wide debate about the power balance in the employer–employee relationship. Under the old law of Master and Servant , reinforced by the Statute of Artificers (1563), a servant's status established his or her obligations and duties to the master (Hepple, ; Bowman and West, ). The relationship was built partly on loyalty and hard work in exchange for food and shelter.…”
Section: Lateral Hiring: How Did We Get Here?mentioning
confidence: 99%
See 1 more Smart Citation
“…For centuries, there has been wide debate about the power balance in the employer–employee relationship. Under the old law of Master and Servant , reinforced by the Statute of Artificers (1563), a servant's status established his or her obligations and duties to the master (Hepple, ; Bowman and West, ). The relationship was built partly on loyalty and hard work in exchange for food and shelter.…”
Section: Lateral Hiring: How Did We Get Here?mentioning
confidence: 99%
“…Indeed, since the late 19th century, employment practices in the USA have been ‘at will,’ with employer and employee terminating the relationship with ease (Muhl, ). The at‐will employment doctrine has been used to usher in sweeping changes and thereby eliminate much of existing employees’ protection in both the private and public sectors (Bowman and West, ).…”
Section: Lateral Hiring: How Did We Get Here?mentioning
confidence: 99%
“…However, bad management is not an acceptable phenomenon, not even when enabled or supported by the "letter of the law". Prioritizing the letter of the law to the spirit of the law can lead to rules-based ethics, violating justice and fairness (Bowman and West 2007).…”
Section: Discussionmentioning
confidence: 99%
“…Absolute power can corrupt absolutely: it heightens the probability that corruption will occur and that the individual and the public interest will be compromised (Bowman and West ). Ethics requires a sound surveillance policy, but even when accomplished, Rosenberg () argues, action contrary to policy prevails because many officials are reluctant to empower people and, instead, monitor them.…”
Section: Virtue‐based Analysismentioning
confidence: 99%