Il Punto cieco del diritto: a proposito di Salvatore Satta e Salvatore Mannuzzu

The Law is in crisis because it can no longer find a common ground. Economics, media and political power try to influence it. This is why the laws risk to move away from the needs of the people. For this reason some scholars have begun to approach the study of law using literature. The aim of this PhD dissersation is to create a taxonomy of the different approaches of the Law & Literature method, with particular attention to the ethical setting of academics such as François Ost and Martha Nussbaum. After this theoretical introduction, the study continues with the analysis of the works of two Sardinian writers: Salvatore Satta and Salvatore Mannuzzu. Both of them were writers and jurists. It was important to deepen their narrative works in light of their legal convictions. Satta was in fact a refined theoretician of law, one among the influential scholars of the civil trial and also the author of one of the greatest books of Italian literature of the twentieth century, Il giorno del giudizio (The Day of Judgment). Mannuzzu was a judge involved in the daily life of the trial; he presided over government investigations and was also a prolific writer. Are the interactions between the two vocations useful for better understanding justice and their literature

La qualità della leadership elemento strategico che modella il processo di management, incide sulla cooperazione, sulla sostenibilità e sui risultati aziendali.

L'analisi focalizza la funzione di leadership che rappresenta una funzione manageriale sovra-ordinata rispetto alle altre funzioni direttive di base. L’analisi, in primo luogo è volta a precisare come la qualità della leadership incida sul contenuto delle funzioni direzionali di base e cioè sulla programmazione, il controllo, l’organizzazione e l’attività protesa a creare ed a mantenere un sistema cooperativo coeso, efficace ed efficiente. In secondo luogo, si è tentato di spiegare le relazioni che intercorrono tra gli stili di leadership, le funzioni direzionali di base e i risultati aziendali di tipo quantitativo e qualitativo

Gli strumenti adottati da un manager di qualità per sviluppare e mantenere l’orientamento strategico del sistema aziendale e per coordinare l’attività delle persone: un tentativo di sistemazione di alcuni contributi dottrinari.

L'analisi affronta due temi chiave: i) il concetto di sopravvivenza e di sviluppo dell’impresa in relazione alla capacità del management di adattare la gestione all’evoluzione ambientale; ii) il problema della creazione di un sistema organizzativo efficace ed efficiente capace di “supportare” il modello di business prescelto. Il lavoro focalizza principalmente il secondo aspetto per individuare quali soluzioni sia possibile adottare per creare un’organizzazione collaborativa, coordinata e che operi in modo coerente con le finalità generali dell’azienda. Dopo una breve descrizione del processo di management così come interpretato in dottrina, ci si sofferma sull’obiettivo del coordinamento del sistema aziendale e sugli strumenti manageriali che, a nostro avviso, un dirigente di qualità dovrebbe adoperare per coniugare efficacia, efficienza ed economicità

A methodological contribution to the representation of the function of leadership and its impact on organizational cooperation and company results

Our purpose is to identify the contribution of Chester I. Barnard to the development of the management discipline and, in particular, the definition of the role and characteristics of an effective and efficient manager. More precisely, our aim is to analyze the thought of the author on the creation and maintenance of a cooperative system, on the management process and on leadership, with the objective of discovering its original and topical elements and to report any divergences from modern studies in economics and business administration. Initially, an effective management model is outlined, based on an analysis of modern doctrine on the subject to be used as a benchmark for the evaluation of Barnard's contributions in terms of originality and relevance. Subsequently, the author's thinking in relation to his main works is analyzed. More precisely: a) we outline the economic, social and cultural environment in which the conceptions of Barnard matured: the reference is to the 1930s; in particular, the contribution of the business model proposed by the author to make the capitalist system sustainable is assessed; b) we discuss the author's contributions regarding: - conception of the executive's role; - organizational goals and individual objectives and their integration; - communications system and the role of organizational structure in relation to the coordination and regulation of the company system; - source of authority in the organization and its role in relation to the behavior of participants in the company system; - creation and maintenance of a cooperative system by finding a balance between incentives supplied by companies and contributions of organization participants; - effectiveness and efficiency, indicators of the quality and sustainability of the cooperative system; - role of leadership in the management process and characteristics of an effective and efficient manager; In relation to individual topics, the main contributions are explained which, in our opinion, are provided by the author in the development of management theory and in the quest for a high quality management model. In particular, we will attempt to draw a series of teachings from the lessons given by the author (who was among the first to lay the foundations of the theory of management), to provide scholars and current managers with both a systematic framework of technical and economic principles for the effective performance of the executive role and a moral foundation on which to base the management profession. We will be also make some personal remarks about certain elements of organizational structure and operation able to unify and animate the cooperative company system, which, in our opinion, have been neglected or little emphasized by Barnard; this will be done in the light of the most recent doctrine on the quality of leadership. The research questions posed are the following: - what is the theoretical construction of Barnard in terms of the management process and, in particular, of leadership? - what are the key elements that affect the quality of an executive? - what are the main, original and still current teachings that the author has provided to scholars and managers in the field of management and leadership process? - which elements have been overlooked or little emphasized by Barnard in the development of his theory? This work has, in our view, elements of originality and distinction compared with other literature on the thought of Barnard. First, the positive elements and those critical of the work of the author are identified by comparing his model of management and leadership with a benchmark obtained by developing the modern doctrine. Second, with regard to the more obscure points of the thought of the author, an interpretation of his thought has been made, inspired by the system approach. This was carried out mainly on the definition of the elements on which the function of leadership rests and by defining the influence that it has on the quality of management and on company results. Third, a number of critical considerations are presented - more than those found in the literature - on the theory of leadership and, above all, the elements that make it effective in terms of the quality of an organization's operation, the motivation of the personnel and business results. We believe, finally, that the wide range of scientific contributions of Barnard presented here, their systemic connection and also the critical comments made in the light of the most recent studies/doctrine may offer important information/indications for scholars of management and executives

Evoluzione della qualità aziendale nell'ottica dell'eccellenza e della certificazione - Analisi delle strategie, dei metodi di gestione e dei costi

II Edizion

La qualità dei dirigenti - Riflessioni sul tema alla luce di una sistematica interpretazione del pensiero di C. I. Barnard

La presente ricerca è rivolta ad analizzare il pensiero del Barnard sul processo direttivo e di leadership con l'obiettivo di scoprirne gli elementi di originalità, di attualità ed evidenziare le eventuali incoerenze rispetto agli studi più recenti di economia e direzione aziendale. Sono illustrati i contributi dell'Autore sui seguenti temi: natura della funzione del dirigente; integrazione tra obiettivi individuali e obiettivi organizzativi; ruolo delle comunicazioni e dell’organizzazione nel coordinamento e nella regolazione del sistema aziendale; fonte dell'autorità e sua influenza sul funzionamento aziendale; creazione e mantenimento di un sistema cooperativo mediante la ricerca dell'equilibrio tra incentivi forniti dall'azienda e contributi dei partecipanti all'organizzazione; efficacia ed efficienza quali indicatori della qualità e della sostenibilità di un sistema cooperativo; ruolo della leadership nell'ambito del processo di direzione e caratteristiche di un dirigente efficace ed efficiente. Il cuore della ricerca è costituito dal capitolo 9 in cui viene effettuata in modo sistematico (con una interpretazione estensiva del pensiero del Barnard) una rappresentazione delle relazioni tra leadership, processo di direzione e risultati aziendali di tipo qualitativo e quantitativo. Le costruzioni teoriche dell'Autore sono originali, di grande attualità e offrono un valido contributo all'esigenza di dare un fondamento morale alla professione del dirigente. Il Barnard può essere considerato uno dei precursori della Teoria generale dei sistemi applicata all'azienda e uno dei fondatori del management. Molto originale è il suo pensiero sulla missione delle aziende e sul "modello di razionalità limitata" che, a suo dire, caratterizza il comportamento dell'uomo medio dell'organizzazione . Altri concetti sorprendentemente attuali riguardano l'equilibrio economico delle aziende, il concetto di autorità basato sull'assenso di chi riceve l'ordine e la sostenibilità della cooperazione. In particolare, il modello di direzione e di leadership dell'Autore si distingue per chiarezza e sistematicità. Nel paragrafo 10 sono effettuate considerazioni personali su alcuni elementi trascurati o poco enfatizzati dal Barnard. L’analisi ci ha consentito di presentare le nostre considerazioni su alcuni elementi, di struttura e di funzionamento dell’organizzazione, capaci di cementare e di animare il sistema cooperativo aziendale alla luce della più recente dottrina sulla qualità della leadership, per condurre ad una riflessione più ampia: sul tema del processo di “integrazione e di fusione” tra gli interessi dell’organizzazione e quelli dei suoi partecipanti, sul concetto di ”responsabilità” del dirigente e della stretta relazione tra quest’ultima, il “sistema morale” ed i “codici di direzione” dell’executive che determinano, in larga misura, la qualità dei processi di decisione, di controllo, di organizzazione e di sviluppo della collaborazione nell’ambito del sistema aziendale

Building Efficient Management and Leadership Practices - The Contemporary Relevance of Chester I. Barnard's Thought in the Context of the Knowledge-Based Economy

This research highlights the pillars on which the function of leadership rests and the relationships between leadership, the quality of the management process and business results through analysis of Barnard’s thought. Why is the thought of Chester Barnard at the center of our research? Anticipating the times, Barnard was the first to conceive management in the modern sense, shifting the focus from management methods and tools to the executive and manager. The executive is the key to building an effective and efficient productive system. Leadership becomes an expression of the centrality of the executive’s role, it becomes the essence and substance that nourishes all the other managerial functions: planning, control and organization. However, the greatness of his thought is best expressed in the greatly innovative and modern element: the creation and maintenance of a cooperative system. This management function consists in the acquisition and maintenance of services provided by organization participants, making use of incentives and persuasion. The maintenance of an effective and efficient organization involves the capacity to adapt management of the numerous, different, external environment variables, the vital dynamic elements of the current Knowledge Economy. It also requires the establishment of a system of internal organs that operate in a coordinated manner, with high levels of productivity, in order to satisfy the company’s interests and those of individual participants simultaneously. According to our interpretation of Barnard’s thought, creating and maintaining a coordinated, cooperative business system capable of achieving the objectives of survival and development depends on the existence of an effective management process. In addition to shaping the basic managerial functions, the leadership styles adopted directly influence the “power of attraction and motivation” of the leader. The extent of this phenomenon depends on the extent to which leaders can: inspire feelings of community and cooperation in organization members; arouse admiration, emulation and confidence in participants; be perceived by the various members as a “growth instrument” that is, as an active source of operational support and potential satisfaction of their motivations. Finally, the power of attraction and motivation of the function of leadership, combining and working as a system with the conditions of organizational structure and operation determined by the management functions affects the “outcome variables” (qualitative and quantitative). The influences on “outcome variables” depend on the level to which a cooperative socio-economic system characterized by shared goals and a sustainable balance between effectiveness and efficiency is developed and maintained. This is linked to the achievement of a satisfactory quality of life within the organization; and it is also related to the degree to which it is possible to realize, effectiveness (economic and financial results; indices of physical and technical productivity; lasting economic equilibrium; survival; growth; etc.) and efficiency, in terms of adequate satisfaction of the motivations and objectives of the various participants. This enlightened and anticipatory Barnardian approach highlights the importance of “shared objectives” and “consent”, which results in reachable qualitative, quantitative and high-performance company benefits. It leads, in substance, to the modern idea of the productive system. Creating and maintaining a cooperative system and leadership become the supporting pillars for the development of the implicit and explicit participation required to spread a true participatory culture, in line with the evolution of the Knowledge Economy. Barnard’s doctrine focuses attention not primarily on techniques and method, but on man: the executive becomes a real agent of change in his choices, his values and his capacity to share knowledge. This approach appears absolutely modern, stimulating reflection on the still current need for profound change in the style of management and in the choice of the reference values of company leaders. For us, Barnard’s studies are the prelude to the process taking place in the Third Industrial Revolution. Borrowing part of an expression of Jeremy Rifkin, it is the sunset of those who are inspired by closed and proprietary hierarchical thinking and the rise of a new transparent and open generation that manifests lateral thinking that welcomes cooperativism, the sharing of objectives, and participatory leadership as basic values. –” people and institutions that use top-down, enclosed, and proprietary thinking, and those that use lateral, transparent, and open thinking.” - Jeremy Rifkin (2011). The Third Industrial Revolution: How Lateral Power is Transforming Energy, the Economy, and the World, New York, Palgrave Macmillan. Chap. 1: Objectives and research methodology 1.1 Structure of the present work – 1.2 The fundamental questions of the research Our main aim is to analyze the thought of Chester Barnard on the creation and maintenance of a cooperative system, the executive process and the function of leadership, and to examine its relevance for modern studies in economics and business administration. Chap. 2: Outlines of an effective management model in the light of the economic, social and moral requirements of the knowledge-based economy 2.1 Quality of leadership and the decision-making, control, organization and execution processes – 2.2 Characteristics of traditional management models – 2.3 New management models for the needs of the knowledge-based economy – 2.3.1 The main factors that have stimulated change in the economy and society – 2.3.2 Knowledge becomes a strategic factor of productive activity and develops “intellectual managerial capitalism” – 2.3.3 Characteristics of new management models – 2.3.4 Presentation of an effective management model that permits evaluation of the originality, relevance and utility of Barnard’s model of the executive process. Chapter 2 outlines an effective executive model, analyzing modern doctrine on the subject, to be used also as a benchmark for the evaluation of Barnard’s contribution to management theory. For our objective, the reference model should permit evaluation of Barnard’s theoretical system in relation to the economic, social and moral requirements of the current knowledge-based economy. Now knowledge has become a strategic production factor and “intellectual managerial capitalism” has developed to influence significantly the organizational structure, management models and results of modern enterprises. Chap. 3: The cultural background and socio-economic context in which Barnard developed his theory of executive functions to create an efficient and effective cooperative system 3.1 Barnard: scholar of organizational behavior and precursor of management theory– 3.2 Market imperatives and enterprise behavior – 3.3 The philosophy of individualism versus the philosophy of social ethics – 3.4 The managerial revolution, the affirmation of managerial capitalism and its influence on Barnard’s thought – 3.5 The operation and results of the capitalist system: intellectual stimulus for the development of management models in a context of socio-economic dynamism – 3.6 Barnard’s contribution to the sustainability of the capitalist system. In chapter 3, we outline the economic, social and cultural environment in which the conceptions of Barnard matured: the reference is to the 1930s; we analyze the contribution of the management model proposed by the author to make the capitalist system sustainable; Chap. 4: The executive process and its organic functions. The fundamental role of leadership 4.1 Barnard, pioneer in the application of general systems theory to organizations – 4.2 Towards the construction of a general theory of for-profit and non-profit organizations – 4.3 The organic functions of the executive process according to Barnard – 4.4 Barnard’s theory of the executive process – 4.5 The modernity of Barnard’s thought – 4.6 The conceptual system of management: its current configuration – 4.7 Coordination is not an autonomous management function In chapter 4, the analysis interprets the thought of Barnard on the management process. The author’s approach is systemic: he uses the concept of system as the basis of development for his management theory. Apart from some differences in terminology, the management functions adopted by Barnard are very similar in substance to those recurrent in the modern theory of management; on this issue, the author seems a precursor of subsequent theoretical developments. What is really original in his theoretical construction is the relationship between the set of management functions (management process) and the function of leadership. Chap. 5: The formulation and control of the general purposes of a company and its sub-system objectives. The creation of the organizational structure and the information system .1 Introduction – 5.2 Motives and objectives of organization members – 5.3 In every organization there is a purpose, which is the unifying and coordinating principle for the activities of the members – 5.4 Cooperative and subjective aspects of organizational purposes – 5.5 Organizational and individual ends – 5.6 General purposes of the organization and its sub-system objectives: the means-ends chain – 5.7 Definition of organizational structure: organizational roles, communication lines and information system – 5.8 The formulation of general purposes according to Barnard – 5.9 The determination of general purposes is not the product of equal participation of the various members of the organization in the decision-making process – 5.10 The theoretical approaches of Cyert, March and Galbraith and the formulation of the general purposes of companies – 5.11 Concluding remarks on equal participation of the various stakeholders in the formulation of the general purposes of companies In chapter 5, two management functions are analyzed: one that leads to the formulation of general objectives and the system of corporate objectives and one to create the organizational structure and the communications system. The approach followed by the author is “holistic”: the corporate system is considered as an integrated whole and both the elements that make up the system and the relationships between them are analyzed simultaneously. Chap. 6: Barnard and the theory of authority 6.1 Introduction – 6.2 The subjective aspect of formal authority: the assent of the individual who receives an order determines its “authoritative character” – 6.3 The objective aspect of formal authority: pillar of organizational structure – 6.4 The characteristics of an effective system of communication – 6.5 The importance of the distinction between subjective and objective aspects In Chapter 6, we explain the theory of authority developed by Barnard. This theory is a milestone in the development of studies on the organization and the management of for-profit and non-profit companies. The phenomenon of authority cannot be fully understood unless it favors the so-called “subjective aspect” and “the objective aspect”, Barnard affirms that “the objective aspect” of authority is of great importance for executives and for scholars because this profile concerns the organizational structure and, in particular, the control lines (defined as lines of communication), which have the task of “holding together/keeping united” the structure, to create order, stability and coordination of management activity. Chap. 7: The role of executives in making the organization’s goals compatible with members’ goals. The search for equilibrium between the organization’s incentives and members’ contributions Summary: 7.1 “Socializing” and “personalizing” dimensions in organizations – 7.2 Brief summary of executive process deployment– 7.3 The creation and maintenance of a cooperative system and the function of leadership that inspires this process – 7.4 The elements that form the basis of a cooperative system: the will to collaborate, the incentives to be provided to organization members and the strategy of persuasion – 7.5 Objective incentives – 7.5.1 Specific inducements – 7.5.2 General inducements – 7.5.3 The need to use persuasion – 7.6 The method of persuasion 7.6.1 The creation of coercive conditions – 7.6.2 The rationalization of opportunity – 7.6.3 The inculcation of motives – 7.7 The economy of incentives according to Barnard – 7.8 General purpose and economic equilibrium in for-profit and non-profit organizations – 7.8.1 Analysis of for-profit organizations – 7.8.2 Analysis of non-profit organizations In chapter 7, we focused on the problem of creating and maintaining a sustainable “cooperative system”. This led to the problem of making company goals and objectives compatible with those of individuals and of the various groups involved in operational activities. The author also provides the solution to this problem through the introduction of a system of incentives provided by the company, and through careful and cautious persuasion aimed to induce people to collaborate and supply satisfactory performance. Chap. 8: The compatibility of effectiveness and efficiency: the pillars of Barnard’s theory of cooperation 8.1 The conventional concepts of effectiveness and efficiency – 8.2 Efficiency and effectiveness in Barnard’s thought – 8.3 The concepts of effectiveness and efficiency are not spontaneously convergent 8.4 The equilibrium and sustainability of a cooperative system depend on the ability of executives to make effectiveness and efficiency compatible – 8.4.1 Introduction – 8.4.2 Requirements to develop compatibility between effectiveness and efficiency – 8.4.3 A review of the general organization goals: the production and distribution of goods and services – 8.4.4 Leadership based on responsibility is fundamental to make effectiveness and efficiency converge – 8.4.4.1 The role of management in adapting organization conduct to the external environment and to the requests of organization members – 8.4.4.2 The function of leadership: its contribution to make effectiveness and efficiency compatible – 8.4.4.3 The moral factor of the organization according to Barnard: ethical codes and sense of responsibility – 8.4.4.4 First considerations on the relationship between systems of ethical codes and responsibility – 8.4.4.5 Further considerations on the topic In chapter 8, the research focuses on certain concepts often cited earlier: effectiveness and efficiency. It must be emphasized that the two phenomena that underpin cooperation are not spontaneously convergent and that effectiveness and efficiency and, above all, their equilibrium are the effect of the systematic management process, inspired and shaped by the quality of leadership. Chap. 9: The executive process, leadership and the realization of a cooperative system: the theoretical model of C.I. Barnard 9.1 Introduction – 9.2 Brief review of the executive process and the integrating function of leadership – 9.3 The higher-order leadership function that shapes the other management functions – 9.4 Systematization of Barnard’s thought on the nature of leadership and its elements – 9.4.1 Introduction – 9.4.2 The system of moral codes – 9.4.3 Personal qualities of the leader – 9.4.4 Summary of Barnard’s thought on the relations between the executive process, leadership and a valid cooperative system – 9.5 Some critical remarks on Barnard’s theory of leadership. In chapter 9 the nature, characteristics and elements of leadership are specified as well as its influence on the overall management process. The relationships between leadership, the process of management and qualitative and quantitative business results are also represented in a schematic way. Chap. 10: Summary of the present work Chap. 11: The relevance of Barnard’s theoretical system to the economic, social and moral requirements of the current knowledge-based economy Summary: 11.1 Introduction - 11.2 Brief reference to the characteristics and needs of the knowledge-based economy - 11.3 Barnard’s lessons for scholars and executives of the modern age - 11.3.1 Premise – 11.3.2 The systemic view of management and leadership: an attempt to develop a unifying conceptual framework for the structure and behavior of for-profit and non-profit organizations based on the general theory of systems - 11.3.3 The nature of the management process and its division into functions - 11.3.4 Organizational and individual objectives. The role of management in their harmonization and integration – 11.3.5 Rational organizational behavior and the creation of a hierarchy of objectives, decisions and organs: the chain of means and ends - 11.3.6 The conduct of complex organizations is the product of a “pluralistic and organically integrated” decision-making system - 11.3.7 The average person in an organization operates according to a “limited rationality model” - 11.3.8 The theory of authority: originality and influence on scholars and managers - 11.3.9 The mission of for-profit and non-profit organizations - 11.3.10 The economic equilibrium necessary for the survival of organizations - 11.3.11 Effectiveness and efficiency: the basis of the cooperative system and lasting company success - 11.4 Final assessment of the contemporary relevance and originality of Barnard’s management and leadership theories: answers to the research questions formulated in chapter 1 Chap.11, analyzes the relevance and originality of Barnard’s thought in relation to the economic, social and moral requirements of the current knowledge-based economy. Chap. 12: Limitations of Barnard’s model Summary: 7.1 “Socializing” and “personalizing” dimensions in organizations – 7.2 Brief summary of executive process deployment– 7.3 The creation and maintenance of a cooperative system and the function of leadership that inspires this process – 7.4 The elements that form the basis of a cooperative system: the will to collaborate, the incentives to be provided to organization members and the strategy of persuasion – 7.5 Objective incentives – 7.5.1 Specific inducements – 7.5.2 General inducements – 7.5.3 The need to use persuasion – 7.6 The method of persuasion – 7.6.1 The creation of coercive conditions – 7.6.2 The rationalization of opportunity – 7.6.3 The inculcation of motives – 7.7 The economy of incentives according to Barnard – 7.8 General purpose and economic equilibrium in for-profit and non-profit organizations – 7.8.1 Analysis of for-profit organizations – 7.8.2 Analysis of non-profit organizations In chapter 12, we give our personal view on important elements of organization structure and operation able to strengthen the cooperative business system, which were neglected or little emphasized by Barnard, in the light of the most recent scholarship on the quality of leadership

The quality of cosmetic products: safety and certification

Cosmetics represent a wide and varied category of consumer products, which feed a growing market. Up to now consumers have mostly based their choices on the prestige of the brand and on the persuasive influence of advertising. Over the last few years, however, consumers have become more aware ,of safety and quality questions and now tend to include ethical and environmental requisites, even if they are not directly connected to the concept of the "suitability for use" of .a product. These aspects, therefore, become part and parcel of the "quality" of a cosmetic product. The aim of this work is to analyse in general problems relating to quality, in all its aspects, in the cosmetics sector and to evaluate the'opportunities and advantages offered to consumers by certification