Chu, Alan, Chu, Alan
This dissertation project draws from major and minor conversations in rhetorical theory to investigate how the subject of whistleblowing offers rhetorical studies the means to advance the field in ways that are timely and necessary. The singular condition of US military and intelligence whistleblowers as a specially marginalized group, yet one with considerable skills and resources, potentially reorganizes how rhetoricians traditionally regard marginalized groups. In addition, the sophistication, inventiveness, and technical skill of individuals who are in incredibly disadvantageous positions forces us to revise our relationship with significant ongoing conversations in the field, from the way that rhetoric determines what is true or probable to the role of rhetoric in liberal democracies. As my project argues, whistleblowers also give us substantial reasons to revisit the major and minor terms in the discipline, such as ethos, parrhēsia, epideictic, and kairos, among others. Yet, for a subject with such inherent dialectical wealth, there is an absence of any sustained examination in the field of rhetoric, which is puzzling given the historical and concurrent rhetorical study regarding civic discourse in democratic assemblies as well as the ongoing focus on the domains of agency, authority, and positionality. This project concludes by explicating how whistleblowing in US military and intelligence contexts is not simply a check on unconstitutional acts or a correction of waste, fraud, and abuse but rather a process that preserves the very same principles that enable rhetoric to flourish.
in English The author's thesis deals with the topic of whistleblowing, which is currently very relevant, because two legislative proposals about the protection of whistleblowers have been submitted recently and also because of the adoption of Government Regulation No. 145/2015, which establishes treatment of notification for state employees. The thesis discusses and presents the views of many authors on the concept of whistleblowing, whistleblower, further it clarifies the division of internal and external whistleblowing and also divides the reporting of whistleblowing on public, confidential and anonymous. The work also presents the history of qui tam actions that are highly associated with the history of whistleblowing. The thesis presents selected aspects of foreign whistleblowing arrangements, namely in the United States of America, which has a long tradition of whistleblowing. The new law to protect whistleblowers, which is effective from 1st January 2015 in the Slovak Republic, is examined in the thesis as well. The author also points out the international obligations for the Czech Republic, which result from the membership in the international organizations and also from being in the European Union. The work provides an overview of the most important documents about whistleblowing in the...
The role and importance of whistle blowing in building organisational integrity in the public sector: A theoretical expositionDiale, AJ 01 June 2010 (has links)
Constant media exposure of organisational wrong-doing; unethical dealings and illegal practices have come to dominate the discussions on corporate governance. Such exposures are normally brought about by, among others, stake-holder activism and organisational employees. Usually, in such cases, employees have had prior knowledge about the organisational misdeeds, but chose not to, or were afraid to speak out. If they did speak out, then organisational retaliation would befall the individual whistleblower without any attention to the issues raised; which tends to bring the organisational integrity into question. Numerous case studies and research initiatives have demonstrated that whistle-blowing can and does play a positive role in strengthening accountability mechanisms in organisations, and, by extension, helps build organisational integrity (Jos, 1991:105-118; Johnson & Kraft, 1990:849-874). The aim of this article is to explore theoretically the nature of whistleblowing as it transcends across legal, ethical/moral and social fields. This will be demonstrated using documented South African cases of organisational misfortunes. This exploration will be used to highlight aspects to be considered for a framework in building whistleblower infrastructure as an integral component of the organisational integrity, both in public and private organisations.
01 November 2007
Abstract One of the key obstacles in the fight against corruption is the fact that, without legal protection, individuals are often too intimidated to speak out or blow the whistle. The Protected Disclosures Act 2000 (Act 26 of 2000) provides protection against occupational detriment to those who disclose information of unlawful or corrupt conduct. This law is therefore an important weapon in the anticorruption struggle to encourage honest employees to report wrongdoing. The presumed benefits of whistleblowing for good governance should be seen against the possible negative consequences of whistleblowing. Whistleblowers are both citizens and managers, and are therefore exposed to dilemmas in both roles. As citizens, they want to see the termination of wrongdoing. As managers, they would prefer whistleblowing incidents to go through internal channels only. However, if whistleblowing is ineffective, it benefits no one. There is an increasing focus on good (and bad) corporate governance and institutions that are transparent and open will benefit from more favourable investor perceptions. Improved relationships with the public show that a substantial effort has been made to endow public administration with a legal framework that encourages the players involved to assume a greater sense of responsibility and develop practices to promote transparency and to protect whistleblowers. Government has to overcome numerous difficulties caused largely by the burden of history, unethical and corruptive constraints and government secrecy. In the face of these difficulties, efficient administration that serves the needs of all citizens is one prerequisite for strengthening the rule of law and the credibility of the state, both internally and externally. Such administration must be transparent, responsible and accountable, and served by honest officials. In the current context of the globalisation of the world economy and the fluidity of cultural boundaries. Administrations in all countries also face a variety of issues, including the ethical problems concerned with the protection of employees who expose malpractice or misconduct in the workplace, transparent administration and good governance.
Weintraub, Kathryn Elizabeth
Thesis advisor: Donald Fishman / The whistleblower has emerged as a relevant player in today's shifting economic and corporate landscape. Using a critical-historical methodology, this thesis explores the dimensions and boundaries of the concept of the âwhistleblowerâ. The specific case studies of WorldCom, the Madoff Ponzi scheme, and WikiLeaks are examined. The analysis includes an investigation into the shifting role of the whistleblower in society and whether legislative enactments have been able to support societyâs need to protect current and future whistleblowers. Finally, this thesis examines the whistleblower's implications for a more ethical future. / Thesis (BA) — Boston College, 2012. / Submitted to: Boston College. College of Arts and Sciences. / Discipline: College Honors Program. / Discipline: Communication Honors Program. / Discipline: Communication.
This thesis addresses the subject of whistleblowing. This is currently very topical in the Czech Republic, due to the recent Decree of the Government on measures regarding reporting of suspicious activities in civil service bodies as well as on-going legislative works. These works are aiming to create new law, which aspires to deal with whistleblowing in a more comprehensive manner. The thesis also addresses existing regulations that deal with whistleblowing. The constitutional system offers some rules on which you can base the lawfulness of whistleblowing. Individual regulations can be found in labour law, criminal law, administrative law or civil law. Legislation of protection of personal data and protection of journalistic sources are also relevant. There is still debate as to the exact definition of whistleblowing. In this thesis whistleblowing is defined as reporting harmful or unwanted conduct by internal or third parties, via a specific system of notification relevant to an entity's (in which the reporting occurs) scope. In all cases the informant should be protected from retaliatory measures. This thesis also addresses the history of experience with whistleblowing, in America up to the second half of the 18th century. Part of the thesis is also dedicated to international legislation...
Thesis advisor: Donald Fishman / The purpose of this thesis is to examine a multitude of concepts related to the phenomenon of whistleblowing. Chinn, Mufson, and Pearlman (2013) underline that we find ourselves “in the age of the whistleblower” and it is therefore imperative to understand this new phenomenon. The visibility of whistleblowers in the media is increasing but whistleblowers are not always portrayed accurately, and, as such, it may be beneficial to examine them in a more legitimate context. As whistleblowers can provide a tremendous service to the public, their organization, and the current economic situation, it is in society’s best interest to understand the whistleblowing process in order to encourage its expansion. The first half of the thesis examines the logistics of the whistleblowing process, the characterization of a whistleblower, and the various groups that can benefit from the whistleblowing phenomenon. This in depth analysis aims to dispel any misconceptions about whistleblowing and provides readers with a comprehensive overview of the literature available on whistleblower dynamics. The second half of the thesis reviews whistleblower laws from their foundation nearly two centuries ago all the way to current developments in whistleblower legislation. It analyzes the strengths and deficiencies of various legal measures and seeks to demonstrate why whistleblower legislation may never fully afford whistleblowers the comprehensive protection they deserve. This section will argue that, though whistleblower legislation has certainly improved in aiming to promote whistleblowing, certain deficiencies remain a permanent part of whistleblower law. / Thesis (BA) — Boston College, 2013. / Submitted to: Boston College. College of Arts and Sciences. / Discipline: Communication Honors Program. / Discipline: Communications.
Att vara en visselblåsare i Sverige : En uppsats om rättigheter och skyldigheter / Being a whistleblower in Sweden : An essay about rights and obligationsGustavsson, Josefin, Parr, Ebba, Gerdin, Isabelle January 2014 (has links)
Ett whistleblowingsystem, på svenska kallat visselblåsningssystem, är till för att underlätta för en anställd att slå larm om oegentligheter på en arbetsplats. Det kan vara en särskild mejladress, telefonnummer eller hemsida som arbetsgivaren inrättat för ändamålet att arbetstagaren ska kunna rapportera oegentligheter. En visselblåsare kan även vända sig externt och rapportera oegentligheter, t. ex till media. Att inrätta ett visselblåsningssystem har blivit mer och mer populärt men konsekvenserna för den anställde som visselblåser är ofta av negativ karaktär. Visselblåsaren kan exempelvis bli mobbad på sin arbetsplats, omplaceras eller helt enkelt tvingas bort från sitt arbete. Anställda inom offentlig verksamhet har ett grundlagsstadgat skydd i YGL och TF avseende efterforskningsförbud och repressalieförbud. Detta innebär att arbetsgivaren ej får efterforska i vem som lämnat uppgifter och vidta repressalier mot den anställde på grund av detta. En anställd inom privat verksamhet åtnjuter inte samma skydd. I uppsatsen undersöker vi vilka rättigheter och skyldigheter en arbetsgivare/arbetstagare faktiskt har enligt svensk lag när en anställd agerar som visselblåsare. Detta har inneburit att lagar såsom LAS, FHL, PUL och AvtL analyserats. Även DiskL och BrB har behandlats samt förarbeten, doktrin och internetkällor. Vi har kommit fram till att både arbetsgivaren och arbetstagaren har skyldigheter/rättigheter enligt svensk lag när arbetstagaren nyttjar ett visseblåsningssystem inrättat av arbetsgivaren. Arbetsgivaren befinner sig dock i en starkare position och skyddet för visselblåsaren är i skrivande stund inte tillräckligt starkt. Vi önskar se att: - Företagen underlättar och uppmuntrar rapportering av oegentligheter genom tydliga riktlinjer och utbildningar. - Visselblåsarens anonymitetsskydd förstärks genom lagstiftning eller avtal gällande ett efterforskningsförbud/repressalieförbud även för anställda i privat sektor. - Företagen bör använda sig av tredje part för hantering av visselblåsningssystem för att förstärka anonymitetsskyddet för den anställde
The theme of this diploma thesis is the phenomenon of whistleblowing, which has recently become increasingly discussed. The thesis contains seven chapters, in which the author describes the issue of whistleblowing both in theoretical and practical level. Emphasis is placed on defining the concept of whistleblowing, its historical development and exploration of the roots of the first modern whistleblower legislation, which was adopted in 1978 in the United States. The thesis also shows some specifics of whistleblower legislation in countries with Anglo-Saxon legal culture. In the second half, the author deals with the international commitments of the Czech Republic in the area of whistleblowing. It is also mentioned relevant case law of the European Court of Human Rights. Big part of the thesis is devoted to describing the state of the current whistleblowing legislation in the Czech Republic, which is considered to be greatly insufficient. In conclusion, the author suggests de lege ferenda legislative recommendations for future whistleblowing legislation in the Czech Republic.
Whistleblowing v pracovněprávních vztazích v kontextu evropské úpravy / Whistleblowing in labour relations in the context of the European regulationBlahová, Luisa January 2020 (has links)
Whistleblowing in labour relations in the context of the European regulation Abstract Whistleblowing has been a topic of discussion by professionals and the general public for many years. In October 2019, a European Directive on the protection of whistleblowers was adopted, which gave the Czech legislator a clear deadline for the adoption of legislation. At present, some whistleblowers are provided with partial and ineffective protection, and several unsuccessful legislative proposals have appeared in the past as well. There is a new proposal currently in the stage after being sent to the inter-ministerial comment procedure. This piece briefly introduces the concept of whistleblowing, the purpose and implications of this institute in the light of the international and European documents and case law. Within the theoretical basis of individual elements of whistleblower protection, a new Directive on whistleblower protection is further discussed in detail. Due to the minimalist regulation in several EU Member States, the Directive represents a very progressive regulation. The work also provides a detailed analysis of the Irish Protected Disclosures Act and some of its application problems. The Irish act provides protection to a wide range of people who report essentially any violation or misconduct. The act...
Page generated in 0.0517 seconds