Wrongful Behavior Research Articles

Perceived Supervisor Remorse and Turnover Intentions: The Role of Organization Based Self-Esteem and Affective Commitment

Leadership behavior is essential for retaining employees. Using positive actions, leaders engage and motivate followers to allow little or no provision for turnover intentions. Even in case of adverse conduct, supervisors may correct their wrongful behavior by apologizing for their misdeeds, which helps to retain followers. Utilizing self-consistency theory, we explore how organization-based self-esteem (OBSE) is a pivotal mechanism that explains the relationship between employees’ perception of supervisor remorse and their turnover intentions, alongside the moderating role of affective commitment. Our analysis of three-wave data collected from employees from Pakistani organizations revealed that perceptions of supervisor remorse decrease turnover intention through strengthening OBSE. Employees’ psychological bonding accentuates the mediating role of OBSE with their organization. In general, our research demonstrates a crucial mechanism, employees’ self-confidence about their organizational position, through which the effect of perceived supervisor remorse on turnover intention is explained. Also, the findings show how employees’ affective commitment acts as a boundary condition invigorating this indirect effect.

Expressive Law and Escalating Penalties: Accounting for the Educational Function of Punishment

Abstract The pervasiveness of law enforcement schemes that prescribe harsher penalties for repeat offenders continues to challenge scholars who seek an economic explanation for criminal justice policies. The current paper formalizes an explanation suggested by Dana, D. (2001. Rethinking the puzzle of escalating penalties for repeat offenders. Yale Law J. 110: 733–783), which is based on the role of the law in educating people about wrongful behavior—the so-called “expressive function” of law. The analysis shows that an escalating structure that imposes a lenient sanction on all first-timers and a harsh sanction on repeaters represents a compromise solution that is (second best) optimal if the fraction of unknowing offenders in the population of potential offenders (as opposed to rational calculators) is sufficiently large.

Abuse of the right to initiate separate investigative (search) and undercover investigative (search) actions without the permission of an investigating judge.

The article examines the problems of abuse of the right to initiate separate investigative (search) and undercover investigative (search) actions without the permission of an investigating judge. In criminal proceedings, abuse of the right is considered as a type of legal, though wrongful behaviour of a participant in criminal proceedings. At the same time, it is judicial control during the pre-trial investigation that is a balancing factor in relation to the powers of the prosecution, including discretionary ones. Attention is drawn to the fact that the vast majority of investigative (search) actions and undercover investigative (search) actions related to the restriction of the constitutional rights and freedoms of a person can be carried out only if there is a legal basis — a decision of an investigating judge. It is emphasized that the effective and prompt execution of tasks of criminal proceedings is sometimes impossible or can be significantly complicated without a timely start, avoiding unnecessary delays. Evidence of this is the enshrining of certain norms in the Criminal Procedural Code of Ukraine, they guarantee the possibility of starting some investigative (search) actions and undercover investigative (search) actions in the absence of a decision of an investigating judge, but on the condition that it is subsequently obtained within the framework of the following judicial control. It concerns legal prescriptions enshrined in Part 3 of Art. 233 of the CPC and Art. 250 of the CPC. It is emphasized that a key component in the mechanism for preventing a party from abusing the procedural powers provided for in Part 3 of Art. 233 of the Criminal Procedure Code, and Part 1 of Art. 250 of the Criminal Procedure Code, is retrospective judicial control, provided it is thorough and meaningful, without a formal approach. It is noted, that in order to ensure legal certainty in the issue of possibility of carrying out separate investigative (search) actions directly with the aim of preventing loss, damage, destruction of physical evidence, and undercover investigative (search) actions — in order to prevent the commission or termination of a serious or particularly grave crime — it is considered appropriate to introduce some legislative corrections.

Act now: raise the minimum age of criminal responsibility

ABSTRACT There has been a long-standing debate throughout Australia about the age at which a child should be subjected to criminal proceedings for wrongful behaviour. In February 2019, an Attorneys-General Working Group was formed with the task of reviewing the minimum age of criminal responsibility (MACR) and making recommendations for reform across Australia. So far, no decision has been made about whether and to what age the MACR should be raised. Now individual jurisdictions are pushing for change rather than waiting for a uniform national approach. This article examines the ongoing debate in Australia and considers what reforms should be undertaken in relation to the MACR. It endorses states and territories acting individually to raise the MACR to at least 14 but preferably higher. It also proposes that if the MACR is raised only to 12 or 14 there is a need for doli incapax or some other defence for older children.

Political Compromise and Dirty Hands

AbstractIn this article, I offer a novel account of why compromising in politics is likely to involve the kind of politically admirable but morally wrongful behavior at stake in the dirty hands thesis. On the view I defend, politicians do not dirty their hands just because they compromise on matters of principle. Rather, when forging a political compromise, negotiators can either comply with the requirements of ethical compromise-making or abide by the special obligations they have to their representees, but will struggle to satisfy both demands. As a result, subsequent to such compromises, residual moral claims about how the compromise was negotiated will almost inevitably emerge and compromise-makers will not be able to explain their conduct in a way that can cancel these grievances. It is in this sense that forging political compromises can be “dirty” even if choosing to compromise is the politically responsible thing to do.

Crime of domestic violence (Article 126-1 of the Criminal Code of Ukraine): analysis of judicial practice

The scientific article is devoted to the analysis of judicial practice of the crime of domestic violence. The urgency of the topic is due to the need to develop Ukraine as a modern democratic state governed by the rule of law and further expand legal regulation in the field of prevention and combating domestic violence. Methodology. Methodological tools are selected in accordance with the purpose, objectives, object and subject of research. The methodological basis of the study are philosophical, general and special-scientific methods of cognition. The theoretical basis of the study were the prescriptions of regulations of current legislation of Ukraine and scientific works of domestic scientists on domestic violence. Taking into account the specifics and complexity of the chosen subject of research, interdisciplinary and complex approaches were used, which allowed to work out and interpret the results of empirical research. The generally accepted principles of scientific knowledge are applied, in particular, the principle of determinism, the principle of conformity, the principle of subsidiarity.
 The methods, techniques, principles used made it possible to identify, distinguish, distinguish and prolong the relationship of part and whole, single and total selected sample, emphasizing the dialectical unity and difference between the properties, relationships and aspects of the subject.
 The empirical basis of the study is the information obtained from the analysis of case law, namely: acts of criminal law (court verdicts), the period of adoption from 01.01.2020 to 01.01.2021, the decisions of which are placed in the Unified State Register of Judgments of Ukraine. In the course of the research the concept, legal consequences and composition of the crime of Article 126-1 were revealed and characterized. Domestic violence of the Criminal Code of Ukraine. The variability of structural units of criminal-legal interaction of the offender-victim with the indication of the family-legal status of the participants in the crime of domestic violence is emphasized. Attention is paid to fragments of legal reality and to certain orientation units of lawful and wrongful behavior. The influence of genetic and environmental factors on the formation of the behavior of participants in deep conflict domestic violence is noted.
 Attention is paid to the commission of crimes based on personal hostility. Also, the interpretation of the sample data revealed that a significant number of crimes of domestic violence were committed by the perpetrator (suspect / accused) in a state of intoxication or under the influence of psychoactive substances (alcoholic beverages), which in turn indicates the problem of interdependent, addictive behaviors, psychologic emotional imbalance. Thus, the modular interrelationships of the participants in the deep conflict in the field of domestic violence, taking the form of a criminal act, are determined by a set of interconnected, interdependent factors of biological and social nature. This gives grounds to argue about the need to improve measures to prevent and correct deviant behavior in society.
 Based on the results of the study, conclusions and recommendations were formed regarding the improvement of social and legal influence in the field of prevention and counteraction to domestic violence. Among other things, it is expedient to modernize social policy, form, develop the institution of "family", "general family", as well as the development and implementation of targeted comprehensive programs for the prevention of domestic violence, legal education, structured according to psychological age, hierarchy of activities, neoplasms of consciousness and personality. The general conditions of such an approach are the successful acquisition of knowledge and skills of self-regulation of behavior, as well as the formation of motivational and demanding sphere of personality of the right direction.
 The obtained results can be used: in research work — for further research of legal, psychological specifics and structure of domestic violence; in law-making — to improve the legal regulation of the system of prevention, counteraction to domestic violence; — law enforcement activities — in the implementation of state policy in the field of prevention, combating domestic violence; in the educational process — in the preparation of lectures, seminars, practical classes; in legal and educational activities — to improve the modular guidelines of socio-legal behavior of the individual, aimed at raising the level of legal awareness, legal culture; as well as for all other professionals who deal with domestic violence.

The impact of voluntariness of apologies on victims’ responses in restorative justice: findings of a quantitative study

Apologies are ordered in law without certainty about whether or not recipients perceive ordered and voluntary apologies differently. This exploratory study investigates whether or not the voluntariness of apologies influences recipients’ perceptions of their sincerity, acceptance of apologies, willingness to forgive and intended retributive behaviour. We manipulated the voluntariness of apologies whilst considering offender (age, gender, ethnicity and prior wrongful behaviour) and offence (seriousness) characteristics in 3 studies (ns = 164, 121, 236). Participants adopting the role of a hypothetical victim received either a voluntary or an ordered apology. The voluntary apologies were found to have a significantly more positive impact than the ordered apologies on acceptance and perception of sincerity in all 3 studies and on forgiveness in 2 studies, but did not significantly change participants’ retributive behaviour in any study. Age was the only other variable found to make a significant difference, with younger offenders’ apologies being rated as sincerer.

Responsibility and the Duty of Rescue

ABSTRACTWhat difference might it make to the duty of rescue if the victim is responsible for needing to be rescued? Having distinguished the natural duty of rescue owed as a result of a chance encounter from the artificial duties of rescue that may be created by agreement among participants in high‐risk activities, I examine three ways in which the victim's responsibility might lessen the stringency of the duty: by lowering the cost threshold above which rescue ceases to be a duty; by lessening the force of the duty when it competes with other duties of justice; and by making the duty unenforceable by third parties. I then consider different forms the victim's responsibility may take: simple negligence, deliberate risk taking, and engaging in wrongful behaviour. There are only two circumstances in which the duty of rescue is entirely eliminated as a duty: when by virtue of repeated risk taking, the victim unfairly imposes excessive costs on his rescuer, and when rescuing the victim would allow him to continue threatening harm to others. In other cases, however, responsibility considerations should qualify the natural duty of rescue: rescue should not be a responsibility‐free zone.

칵테일 바 이용객의 불량행동에 대한 종사원의 마음챙김 요인이 직무스트레스와 이직의도에 미치는 영향 연구

본 연구에서는 칵테일 바 종사원이 지각한 고객불량행동이 직무스트레스와 이직의도에 어떠한 영향을 미치는지와 고객의 불량행동, 종사원의 마음챙김요인, 직무스트레스 및 이직의도 요인간의 인과관계에 대해 규명하는 연구를 진행하였다. 본 연구의 대상은 전국 칵테일바에 종사하는 종사원(바텐더)으로 방문 또는 온라인 설문지를 통하여 총 200부를 배포하였고, 회수된 설문지 중 불성실한 응답을 제외한 191부를 최종 분석에 활용하였다. 본 연구의 시사점으로 첫째, 고객의 다양한 불량행동은 바텐더종사원에게 스트레스를 유발하며 이는 직무만족에 부정적인 영향을 줄 수 있기 때문에, 스트레스 완화를 위한 근무환경의 개선, 정기적인 심리상담실시, 다양한 운동 및 심리치료 프로그램 운영 등을 통해 자존감과 만족감향상을 위한 노력이 필요할 것이다. 둘째, 칵테일 바 종사원의 직무애 대한 애착과 역량개발의지가 높은 것으로 분석됨에 따라 칵테일 바 운영자는 직원들의 역량을 강화하는 비전을 제시하고, 능력향상에 따른 업무 배정 및 고과에 따른 합리적인 보상체계가 필요할 것이다. 셋째, 고객의 불량행동을 접하는 종사원들이 마음챙김 능력을 증진 시킬 수 있는 훈련과 연습 할 수 있는 분위기 및 제도적 지원이 필요할 것이다. 넷째, 고객불량행동은 마음챙김 요인을 매개로 하여 직무스트레스와 이직의도에 간접적 영향을 미치는 것으로 나타난 것과 같이 칵테일 바 종사원의 마음챙김의 중요성을 간과해서는 안 될 것이다.

Sentencing Co-Offenders

Tort law and criminal law are the two main vehicles utilized by the state to deter wrongful behavior. Despite the many similarities between the two legal fields, they differ in their treatment of collaborations. While tort law divides liability among joint-tortfeasors, criminal law abides by a no-division rule that imposes on each co-offender the full brunt of the sanction. Thus, each of two offenders who jointly steal $1,000, will be subject to the full corresponding penalty (rather than the divided penalty for stealing $500). This Article demonstrates that in property and financial crimes, the no-division regime of criminal law harms both offenders and victims. Specifically, it creates three troubling distortions that have been overlooked by theorists and judges. First, the no-division rule violates the frugality principle, which mandates that sanctions be kept to the minimum level necessary to prevent the offense. Second, it disadvantages vulnerable victims, while favoring the well-to-do. Third, it prompts all potential victims to engage in excessive procurement of private precautions, to the detriment of society at large. The Article proposes two possible solutions to these problems. One option is to substitute the no-division rule with a division regime similar to the one endorsed by tort law. Alternatively, if lawmakers opt to retain the no-division rule, they can, and should, allocate greater public resources to the protection of the vulnerable.

Presidential Pardons and the Problem of Impunity

This Article considers the reach of the President’s pardon power and its potential employment as one means of creating legal impunity for a President and his personal and political associates. It addresses, in particular, the possibility that a President might issue self-interested pardons to himself, family members, or political or business associates. The Article reviews the constitutional origins of the federal pardon power, and the law and practice of its use since the Founding era, and concludes: A President cannot constitutionally pardon himself, though the point is untested. In theory, a President could resign, or under the Twenty-fifth Amendment withdraw temporarily from the office, transform the Vice President into the President or Acting President, and secure a pardon from the his former subordinate. But that seems improbable. A President can pardon anyone but himself (both humans and corporations), and those pardons, once issued, are almost certainly unchallengeable and irrevocable. A presidential pardon can cover any (and perhaps all) federal crimes the beneficiary has ever committed, so long as such crimes occurred and were completed prior to the issuance of the pardon. A president cannot pardon crimes that have not yet been committed. Consequently, a pardon issued corruptly might itself constitute a crime that could not be pardoned. The pardon power does not extend to state crimes or to any civil or administrative action brought by federal or state authorities. A presidential pardon cannot block congressional investigations. Finally, because a pardon effectively erases the Fifth Amendment privilege as to offenses covered by the pardon, it might make it easier for criminal and civil investigative authorities and Congress to compel testimony from the person pardoned. Therefore, presidential pardons could inconvenience, but could not prevent, thorough investigations of the private and public actions of a former President or his associates. The Article concludes by recommending a thorough, but judicious, use of available investigative avenues to inquire into well-founded allegations of wrongful behavior by former presidents and their personal and political associates.

Countering Malicious Cyber Activity: Targeted Financial Sanctions

Since 2012 policymakers in the United States and Europe have imposed targeted financial sanctions against malicious cyber operators with the stated goal of deterring such activity. This draft paper provides an overview of the legal frameworks for sanctioning malicious cyber actors and the set of relevant sanctions imposed to date. Despite an emphasis on the goal of deterrence, both policymakers and academics have difficulty determining whether sanctions deter malicious cyber activity. Considering the continued use of cyber sanctions, this draft paper highlights key considerations for policymakers to evaluate whether sanctions can deter wrongful behavior in cyberspace.

Is the Infringement of a Treaty a Fault?

Abstract This contribution deals with the wrongful behaviour of public authorities, in this case in particular the Belgian State, and delves into a challenge that the multi-levelled legal order poses for the national tort system. It inquires how the violation of an international treaty relates to liability in the national legal system. More specifically, the author examines if it is necessary, when dealing with state liability, to limit the concept of fault to the infringements of international treaties with direct effect, excluding the violation of those without such effect.

Риторика агентов социального контроля в отношении профилактики противоправного поведения молодежи

Зарубежные исследования свидетельствуют о низкой эффективности профилактического социального контроля. В России подтверждением тому являются негативные тенденции развития противоправного поведения, которые, в первую очередь, выражаются в его росте, омоложении и феминизации. Изучение причин неэффективности профилактики можно проводить не только на основе рассмотрения негативных результатов профилактического воздействия, но и путем анализа оценок, даваемых агентами социального контроля. Для этого предлагается осмыслить предмет в рамках социального конструктивизма, который рассматривает социальный контроль как коммуникацию в социальных взаимодействиях, предполагающую передачу некоторой информации, идей, конструктов социальной реальности посредством знаков и символов. Для изучения коммуникации использован метод деконструкции риторики агентов профилактики (работников полиции, школы, соцзащиты). Автор обрисовывает теоретические рамки изучения риторик, представляет результаты анализа транскриптов фокусированного интервью с экспертами. В качестве экспертов выступили представители полиции, школы, государственных и негосударственных учреждений социальной защиты населения, занимающихся профилактикой противоправного поведения. Деконструированы риторики, касающиеся взаимодействия агентов профилактической работы с молодежью. Исследование показало, что состояние этой деятельности описывается агентами контроля либо в идиоме опасности, либо с использованием лейтмотивов бедствия. У представителей полиции и школы субъективное восприятие угрозы связано с неэффективной деятельностью соответствующих учреждений и недостаточной заинтересованностью родителей. Эксперты использовали также конструкты риторики наделения правом, которые ассоциированы с расширением полномочий самих агентов контроля. Представители государственных и негосударственных организаций социальной защиты при описании состояния профилактической деятельности чаще используют лейтмотивы бедствия. Они связывают угрозы с недостаточным вниманием государства к проблеме профилактики противоправного поведения молодежи. Это выражается в скудной финансовой поддержке, непродуманности законов, сокращении сотрудников, неоправданно жестком контроле деятельности агентов профилактической работы.

Some Law & Economics of the Class Action

Class actions aim to bring economies of scale to bear on legal proceedings, by joining cases that have a common cause of action against a common defendant into a single lawsuit leading to a judgment or settlement that binds the entire class. Legal procedures, lawyer time, evidence by experts and court resources are thus all used once for all, rather than multiple times during individual lawsuits. Where individuals would not have brought suit because the damage they suffered is too small in relation to the minimal fixed cost of a lawsuit (small claims, but, in a different sense, also mass torts, where the evidentiary problems may be extraordinarily complex and costly), the class action may make it possible to impose on a wrongdoer the full weight of individually small harms inflicted on many persons, that would otherwise go unchallenged. From an economic point of view, this internalisation of costs, shoring up the deterrent effect of legal rules, is a desirable development. Where individual victims are facing a large enterprise that is a repeat player in similar matters, with an interest in fighting to prevent any adverse judgment, the class action may (somewhat) level the playing field. Even where the individual interest at stake is large enough to justify a lawsuit, resorting to a class action may still be worthwhile given the more ample resources that can be mobilised, considering the size of the class, to collect evidence and present the case in court. While the class action's potential deterrent effect and the economies of scale in legal proceedings are undisputed, the procedure generates its own transaction costs, in particular as regards the agency problem of supervising the class counsel handling the case, whose interests may diverge from those of the class members. Class actions also create a risk of litigation about trivia, which in ordinary proceedings is controlled by the de minimis judex non curat rule. Furthermore, the size of the class may cause difficulties in contacting some of the members and of distributing the sums collected, such that a leftover amount may have to be paid to an outside entity whose activities favour the class. As the class action makes its deterrent effect felt, it becomes apparent that it is an alternative to direct regulation of potentially wrongful behaviour. This raises the question of the comparative advantages and disadvantages of this procedure.

Agent-regret and sporting glory

ABSTRACTWhen sporting agents fail through wrongful or faulty behaviour, they should feel guilty; when they fail because of a deficiency in their abilities, they should feel shame. But sometimes we fail without being deficient and without being at fault. I illustrate this with two examples of players, Moacir Barbosa and Roberto Baggio, who failed in World Cup finals and cost their teams the greatest prize in sport. Although both players failed, I suggest that neither was at fault and neither was deficient. I argue that we can fail through no fault of our own because our abilities are always fallible. This fallibility means that to succeed – to achieve sporting glory – we must run the risk of failure. The appropriate emotion to feel over such failures is agent-regret. Sporting agents and observers should not take up what I call the ‘critical position’: the idea that someone who fails must be deficient or must have been at fault. This allows for a softer, but also more accurate, attitude towards our own failures and the failures of others. I end by suggesting that the fallibility of our abilities is made clear through playing or watching sport, and this can illuminate life more broadly.

Gender and Public Organization: A Quasi-Experimental Examination of Inclusion on Experiencing and Reporting Wrongful Behavior in the Workplace

Most public organizations share values and beliefs and socially constructed patterns of action that guide the behavior of their employees, resulting in their unique organizational culture. Existing literature on police organizations describes an unmistakable culture that celebrates masculine values and a social structure that exists purposely and specifically to repress female officers. Using a survey data set of 1,114 female federal law enforcement officers, this research employs coarsened exact matching to examine perceived inclusion and its effects on women experiencing disrespect by male colleagues and incidences of sexual harassment and sexual discrimination. In addition, reporting behavior is captured for female officers who experience wrongful conduct. The study finds that women who report working in an inclusive organizational culture are less likely to experience pervasive negative attitudes from their male colleagues or occurrences of sexual harassment and sexual discrimination. However, the existence of an inclusive organizational culture did not show a significant difference in reporting sexual harassment or sexual discrimination if women experienced such wrongful behavior.

Law, Policy, and Sexual Abuse in the #MeToo Movement: USA Gymnastics and the Agency of Minor Athletes

ABSTRACTThis article considers gymnastics to illustrate how culture, law, and elite youth sports intertwine, focusing on the recent revelations of sexual abuse. It proposes an intervention based in the work of theorist Joseph Fischel that pushes toward a more robust conception of athlete empowerment. This stance, if more fully instantiated in culture, law, and sports regulation, would have two salutary effects: first, it would acknowledge much more fully the autonomy of young athletes, and second, it could help to create a context in which “predatory” behavior of a variety of types is reframed more simply as wrongful behavior that crosses boundaries of dependence and vulnerability that apply to a variety of situations. By making recognition of problematic behavior more routine, this shift would encourage more active and empowered interrogation on the part of the athlete. It also opens up the idea of injury to encompass more than sexual abuse and seeks to reframe consciousness of injury to incorporate athletes’ experiences.

The Efficacy of Targeted Sanctions in Enforcing Compliance with International Law

In the international legal order, sanctions are valued for their coercive and stigmatizing functions. Through the imposition of financial or other costs, these measures seek to induce compliance with international law by those who are targeted. They also aim to signal the sender's commitment to the violated norm and stigmatize an actor responsible for wrongful behavior. In light of these functions, this essay examines the factors to assess when evaluating the efficacy of unilateral targeted sanctions in enforcing international law. The issue is relevant not only for political scientists, but also for international lawyers interested in ensuring compliance with international norms.

The Oppression Remedy: Clarifying Part II of the BCE Test

Claiming oppression is easy. Only the low bar of unfairness must be overcome. It seems to arise from any unwelcome conduct in a (usually) closely-held corporation. It can be appended to any corporate misconduct claim. Broad statutory language governs the remedy, making it facially applicable to a broad range of conduct. In addition, the remedy is fact-based, being granted when a party satisfies the court that the corporation or its directors acted in a way that is oppressive or unfairly prejudicial to, or that unfairly disregards the interests of, any security holder, creditor, director, or officer. In the face of these challenges, courts have struggled to maintain a clear set of applicable rules to govern when oppression has occurred. And, as a consequence, predicting the outcome of an oppression case is difficult. This paper prescribes how courts can achieve greater clarity in cases where a party has alleged oppression. By clarifying and categorizing the harm that must be suffered by a complainant to successfully allege oppression, this area of law can become more structured, more transparent and less ambiguous. Courts have expounded on the rules and limitations applicable to assess the harm suffered by a complainant, and several implicit rules and limitations can be identified in the cases, but there is more of a “grab-bag” of rules than overarching principles. Courts have not identified an overarching principle to permit judges or affected parties to determine the harm necessary to demonstrate oppression. This paper identifies patterns in the case law and categorizes them to show how courts can achieve clarity in their oppression remedy jurisprudence. Part one of this paper examines the BCE decision and the inherent gap left by part two of the BCE test. This part of the paper will review cases post-BCE to show how courts have not sufficiently clarified what harm means. This part will also discuss the reasons this problem exists. In addition to the breadth of the statutory language, cases that obtain a remedy for oppression have facts that fairly evidently demonstrate unfairness or wrongful behaviour that necessitates a remedy, allowing decisions to get by without much explanation as to how the outcomes are achieved. Part two of this paper develops a principled approach to determine whether the impugned conduct rises to the level of harm required by the statute. This approach has two parts. The first part identifies the elements necessary to entitle the applicant to an oppression remedy and combines them to form two overarching principles. In this part, I examine the last three years of oppression remedy cases in Alberta, British Columbia and Ontario and categorize the features and patterns emerging from these decisions. I combine them to articulate two overarching principles to apply to every oppression remedy case to clarify what constitutes relevant harm suffered by the complainants, principles extrapolated from the cases and expressly acknowledged by the courts. First, the complainant must experience harm arising from its relationship with the corporation, and the harm must be particular to the complainant’s interests. Second, other remedies cannot be capable of addressing this harm. These two principles determine whether a complainant is eligible to be considered under the second step of the BCE test. The second part of the approach comprises of discussing the effect of the impugned conduct on a complainant, to show how prejudicial conduct or conduct that disregards the complainant can become conduct that is “unfairly prejudicial” or that “unfairly disregards” the complainant. The legislation does not define the statutory components and the Supreme Court maintained that they cannot be “conclusively defined”, which is correct, as they are simply descriptors of inappropriate conduct. Absent a definition, however, guidelines on how to meet these tests are necessary. Although conduct will meet the statutory tests on a case-by-case basis, depending on the facts and the context, rather than by ascribing legal meaning to the statutory tests, one can nonetheless articulate principles to guide courts in their analysis. Specifically, identifying what effect of the conduct on the complainant is necessary to satisfy the test will clarify the courts’ analysis of why certain behaviour meets the statutory tests, and other behaviour does not. In this part of the paper, I examine cases that clearly articulate the effect of the harm on the complainant.