Student Ethical Perceptions and Ethical Action Propensities: An Analysis of Situation Familiarity

Recently McCuddy and Peery (1996) have suggested that business students may not respond the same way to unfamiliar business ethical dilemmas as they would to more familiar academic ethical dilemmas. The purpose of this study was to present the same students with both unfamiliar business dilemmas as well as possibly more familiar academic dilemmas in order to examine this issue.Findings of the study revealed that students did not exhibit different perceptions of the unethical actions performed in the academic and accounting/business ethical vignettes. However, the students indicated that both they and their peers would be more likely to act unethically to resolve the dilemmas in the accounting/business cases than in the academic cases. This finding is troubling in that it suggests that students either feel less compelled to act ethically in business, or that they perceive that ethical standards in the business world are generally low when compared to their current educational environment. In addition, the students in the study maintained the same halo effect (i.e., the difference between an individual's perception of their likelihood of performing an unethical action compared to their perception of their peers' likelihood to perform the same unethical action) across the two types of ethical dilemma.     

Integrating Religious Principles and Human Resource Management Activities

Many ethical problems faced by organizations concern human resource management. This paper shows how some religious principles can be integrated into a human resource management course. First, it presents a discussion of employee responsibilities and rights in Judaism, Christianity, and Islam. Next, it suggests how various principles can be applied to human resource management activities. Do to others as you would have them do to you is applied to equal opportunity. Thou shall not commit sexual impropriety (or in positive terms, respect and love) is the basis for no sexual harassment. Thou shall not steal (or in positive terms, deal fairly) is related to fair pay in exchange for excellent employee performance. Thou shall not lie (or in positive terms, be truthful) is needed for due process in employee disputes. Thou shall not kill (or in positive terms, respect life) is applied to employee safety and health, plus health care benefits. A list of potential readings is included for instructors to consider for their own courses.     

Tools-Я-us

Our methods of inquiry predetermine most of what we are able to know. While our modes of understanding ought to correspond to the complexities confronting us in our modern technological society, they do not. Soft systems methodology helps us focus on what is problematic and how it can be approached — and offers direction to exert moral control over our tools and technologies.

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The Effects of Monetary Magnitude and Level of Aggregation on the Temporal Framing of Price

Existing research has shown that the pennies-a-day strategy of reframing a large aggregate expense as a small daily expense helps to reduce the perceived cost of a transaction (Nagle and Holden, 1995; Price, 1995; Gourville, 1998, 1999). This paper builds on this research and explores the robustness of the phenomenon across two dimensions – (1) the level of temporal aggregation and (2) the dollar magnitude of the transaction. First, we show that the effectiveness of a pennies-a-day strategy is not limited to per-day framing. Rather, we find a more general phenomenon in which a less aggregate expense is preferred to a more aggregate expense, such that if a per-day framing is preferred to a per-year framing, than a per-month framing also will be preferred to a per-year framing. Second, we show that this effectiveness reverses with the magnitude of the underlying expense, such that while a framing of $1 per day is preferred to one of $365 per year, a framing of $4200 per year is preferred to one of $11.50 per day.     

Effects of price uncertainty on consumer purchase budget and price thresholds

This article examines how uncertainty about prices affects: (1) the budget consumers allocate for purchasing a product and (2) consumer price thresholds (i.e., the prices that are considered too high or a good deal). In an experimental setting, the purchase budget as well as the absolute values of both thresholds for uncertain subjects were higher than those for certain subjects. Moreover, a relatively large decline from the budget was needed before a price was considered a good deal, whereas a relatively small increase from the budget was sufficient for a price to be considered too high. Price uncertainty widened the difference between the upper (i.e., too high) price threshold and the budget, making uncertain subjects more tolerant to prices exceeding the budget than certain subjects. However, price uncertainty did not have a significant effect on the difference between the budget and the lower (i.e., good deal) price threshold.We wish to thank the editor and anonymous reviewers for their helpful comments on an earlier draft. We also thank Professors S. P. Raj and Amiya Basu for their comments and suggestions at various stages of the study.     

Board-management relations in small firms: The paradox of simultaneous independence and interdependence

The author introduces constructs based on neo-classical and socio-economic assumptions, and argues that board-management relations should be characterized by both independence and interdependence. Interdependence is especially important in small firms. The article presents a model of directorates from research about directorates based on agency theory assumptions. This model is supplemented with constructs from the theory of contractual relations. Whilst traditional literature tends to focus upon independence from an agency theory perspective, this article argues that it is necessary to use more than one dimension of attributes regarding the board-management relations in order to understand the board's contribution to company performance, and that trust and solidarity is especially important in small firms. Board-management relations described by simultaneous independence and interdependence are proposed to give the highest contribution to company performance. The theoretical propositions are exemplified and supported by results of a field survey of directorates in small firms.     

On Creating and Claiming Value in Negotiations

This paper presents a negotiation model that includes value creation. It shows that creative negotiation efforts tend to intensify toward the deadline, and that the deadline is determined endogenously by the tension between two motives, creating more value and claiming from existing value. When the parties can present misleading offers in order to claim rather than create value, the outcome in early negotiation rounds may display an impasse where any proposal is rejected without inspection, while negotiation activities such as value creation through sincere offers and inspection of clauses intensify toward the deadline.     

Learning to solve the right problems: The case of nuclear power in America

Three general types of problems entail different strategies. Continuing to seek solutions to tame problems when we face messes, let alone wicked problems, is potentially catastrophic hence fundamentally irresponsible. In our turbulent times, it is therefore becoming a strategic necessity to learn how to solve the right problems.

But then, you may agree that it becomes morally objectionable for the planner to treat a wicked problem as though it were a tame one, or to tame a wicked problem prematurely, or to refuse to recognize the inherent wickedness of social problems. Rittel and Webber (1973).

Jonathan King is Associate Professor of Management at the College of Business at Oregon State University. His primary research interests are in the areas of moral philosophy and modern technology. His most important publications are Confronting Chaos and Common Knowledge of the Second Kind,Journal of Business Ethics (1989).     

Consumer protection in Switzerland by means of “soft law” — Practices and perspectives

Consumer protection by self-regulation has come into focus as a proposed alternative to consumer legislation. This paper tries to show the principal forms in which soft law rules have been established in Switzerland, and to outline some of the main problems to which they have been exposed in practice.To a great extent self-regulation has centered, up to now, in the hands of the trade itself, although consumer organisations participate in some commissions for extra-judicial settlement. The principal deficiencies of self-regulation concern its enforcement and its scope of applicability when the trade is organised only to a limited extent. It has also been prowed that the drawing up of soft law rules has hindered legislation and, in some instances, also court practice.The authors come to the conclusion that some of the conditions without which soft law cannot achieve an effective impact on the trade are missing in Switzerland. However, positive contributions of soft law to consumer protection can sometimes be discerned where legislation has not succeeded.

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Zusammenfassung Die Schwierigkeiten, denen die Verbrauchergesetzgebung auch in der Schweiz begegnet, haben dazu geführt, dass die von der Wirtschaft als Alternative vorgeschlagene Selbstkontrolle stärker in den Mittelpunkt des Interesses gerückt ist als bisher. Der Artikel versucht — soweit ersichtlich, erstmals —, die verschiedenen Erscheinungsformen von soft law in der Schweiz aufzuzeigen und die wesentlichen Schwierigkeiten herauszuarbeiten, denen es in der Praxis begegnet.Die Selbstkontrolle der Wirtschaft bei Verbrauchergeschäften liegt zum grossen Teil ausschliesslich in den Händen der Wirtschaftsverbände. Die Verbraucherorganisationen beteiligen sich an ihr, auch aus finanziellen und personellen Gründen, nur zurückhaltend, wobei der Schwerpunkt dieser Beteiligung in der aussergerichtlichen Streitbeilegung und nicht in der Erarbeitung von materiellrechtlichen Regeln zu finden ist. Der Staat ist bis heute nur in einem Einzelfall interveniert, um eine effektive Selbstkontrolle zu gewährleisten.Die Hauptschwächen von soft law betreffen seine Durchsetzung und die Weite seines Anwendungsbereichs, zumal die verschiedenen Branchen in der Schweiz nur teilweise in repräsentativen Wirtschaftsverbänden organisiert sind. Bedenklich ist insbesondere der negative Einfluss, den soft law-Regelungen auf die Fortentwicklung der Verbrauchergesetzgebung und teilweise auch der Rechtsprechung ausgeübt haben.Einige unabdingbare Voraussetzungen für einen effektiven Verbraucherschutz durch Selbstkontrolle sind in der Schweiz nicht gegeben. Gleichwohl trägt das soft law vornehmlich in den Bereichen zum Verbraucherschutz etwas bei, in denen eine Gesetzgebung bisher nicht möglich war.

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Bernd Stauder is Professor of Law at the Faculty of Law, University of Geneva, Place de l'Université, CH-1211 Geneva 4, Switzerland. Joachim Feldges is a Research Assistant. Peter Mülbert is a former Research Assistant at this Faculty.Michael Bühler, Geneva/Düsseldorf, furnished an important contribution when the paper was first prepared.This article is a shortened version of the German original text, published under the title Praxis und Perspektiven von Konsumentenschutz durch soft law in der Schweiz in Zeitschrift für Schweizerisches Recht 1984 I. The authors are grateful to John Perry for translating the original German text into English.     

The Relationship of Communication, Ethical Work Climate, and Trust to Commitment and Innovation

Recently, Hosmer (1994a) proposed a model linking right, just, and fair treatment of extended stakeholders with trust and innovation in organizations. The current study tests this model by using Victor and Cullen's (1988) ethical work climate instrument to measure the perceptions of the right, just, and fair treatment of employee stakeholders.In addition, this study extends Hosmer's model to include the effect of right, just, and fair treatment on employee communication, also believed to be an underlying dynamic of trust.More specifically, the current study used a survey of 111 managers to test (1) whether right, just, and fair treatment influences trust, both directly as well as indirectly via communication, and (2) whether trust influences perceptions of commitment and innovation. Strong support for the study's hypotheses and Hosmer's (1994a) model was found. Such findings support those who argue that moral management may be good management.     

Are physicians a “delinquent community”?: Issues in professional competence,conduct, and self-regulation

This paper examines the moral responsibilities of physicians, toward themselves and their colleagues, their students and patients, and society, in terms of the nature and exercise of professional self-regulation. Some of the author's close encounters with cases involving research misconduct, behavioral impairment or deviance, and medical practice at the moral margin, are described to illustrate why, in Freidson's words, physicians are a delinquent community with respect to the ways they meet their responsibility to govern the competence and conduct of their members. Judith P. Swazey, president of The Acadia Insttute, is co-author of The Courage to Fail: A Social View of Organ Transplants and Hemodialysis and co-editor of several books on medical responsibility. The include Human Aspects of Biomedical Innovation, Social Controls and the Medical Profession and Whistleblowing in Biomedical Research: Policies and Procedures for Responding to Reports of Misconduct. Her Ph.D. in the history of science.     

Values in Decision-Making Processes: Systematic Structures of J. Habermas and N. Luhmann for the Appreciation of Responsibility in Leadership

"Ethical Leadership" in modern multicultural corporations is first the consideration of different personal and cultural value systems in decision-making processes. Second, it is the assignment of responsibility either to individual or organisational causalities. The task of this study is to set the stage for a distinction between rational entities and the arbitrary preferences of individuals in economic decision making processes.Defining rational aspects of behaviour in economics will lead to the formal structures of organisational systems, which are independent of concrete but varying values. Luhmann's Theory of systems of communication describes the internal dynamic forces of economic communication processes in terms of formal structures. On the other hand Habermas' Theory of discourse integrates the previous relationship between individual subjectivity and rational behaviour. Habermas gives an indication of how to separate subjective values and meaning from rational arguments in rational communication processes. The translation of these theoretical structures into practical applications for decision making processes and decision taking acts links the ethical, or value-oriented, context precisely to both individual and organisational areas of responsibility.     

Common knowledge of the second kind

Although most of us know that human beings cannot and should not be replaced by computers, we have great difficulties saying why this is so. This paradox is largely the result of institutionalizing several fundamental misconceptions as to the nature of both trustworthy objective and moral knowledge. Unless we transcend this paradox, we run the increasing risks of becoming very good at counting without being able to say what is worth counting and why. The degree to which this is occurring is the degree to which the computer revolution is already over — and the degree to which we human beings have lost.I think that Aristotle was profoundly right in holding that ethics is concerned with how to live and with human happiness, and also profoundly right in holding that this sort of knowledge (practical knowledge) is different from theoretical knowledge. A view of knowledge that acknowledges that the sphere of knowledge is wider than the sphere of science seems to me to be a cultural necessity if we are to arrive at a sane and human view of ourselves or of science. (Hilary Putnam, Meaning and the Moral Sciences, 1981) David A. Bella is Professor of Civil Engineering at the College of Engineering at Oregon State University. He received his B.S. in Civil Engineering from Virginia Military Institute (1961), his M.S. and his Ph.D. in Environmental Engineering from New York University. His primary research interest is in the philosophy and sociology of technology, technological impact assessment, and moral philosophy. His most important publications are Engineering and Erosion of Trust and Organizations and Systemic Distortion of Information, Journal of Professional Issues in Engineering (1987), and Strategic Defense: Catastrophic Loss of Control, Journal of Peace Research (1989). Jonathan B. King is Associate Professor of Management at the College of Business at Oregon State University. He received his B.A. in philosophy from Antioch College (1965) and his M.B.A. in Finance (1975) and Ph.D. in Business, Government and Society (1980) from the University of Washington. His primary research interests are in the areas of moral philosophy, the philosophy of science, and critical thinking. His most important publications are The Three Face of Thinking, Journal of Higher Education (1986), Prisoner's Paradoxes, Journal of Business Ethics (1988), and Confronting Chaos, Journal of Business Ethics (1989).     

Comment on The Microsoft Antitrust Policy Case

This paper both responds to Economides analysis and attempts to address the Microsoft case from a broader than U.S. perspective. The importance of the roles played by disloyalty payments, compatibility requirements, information asymmetry and the rather static nature of market definition, particularly in the context of allegations of tying, in the Microsoft case are highlighted. In contrast to the position in the U.S., the European Commission acts for all EU member states and has its disposal the possibility of imposing large fines. However, structural remedies are not available to the European Commission. Comity procedures, by allowing for the inclusion of foreign surplus in domestic welfare functions, offer a model for international co-operation in the future application of competition laws.     

Can Ethical Organizational Character Be Stimulated and Enabled?: “Upbuilding” Dialog As Crisis Management Method

Crisis management can be simultaneously a content specific problem solving process and an opportunity for stimulating and enabling an organizations ethical tradition. Crisis can be an opportunity for ethical organizational development. Kierkegaardian upbuilding dialog method builds from within the internal ethical tradition of an organization to respond to crises while simultaneously adapting and protecting the organizations tradition. The crisis itself may not be a directly ethical crisis, but the method of responding to the crisis is built upon the ethical foundations of an organizations tradition. A limitation of this method is that it may be less applicable to organizations with questionably ethical traditions. The concept of upbuilding dialog is derived from Kierkegaard, but here is applied to organizational crisis management. The method is illustrated and discussed in the context of a wrongful death crisis of the Dana- Farber Cancer Institute, a nonprofit organization, and an economic survival crisis at Ben and Jerrys, a business organization.     

Teaching Business Ethics with Computer-based Multimedia? A Cautionary Analysis

Still shots, videos, music, and movie clips can be helpful in bringing some excitement to the study of business ethics. For several years, Professor McAdams has been using The Great Gatsby as a text for discussing American commercial values. That discussion serves as an introduction to a larger examination of contemporary business ethics. Recently, Professor Duclos and her students converted that socratic exploration of Gatsby's contemporary relevance to a PC-based, multimedia show employing the efficient and manageable PowerPoint software presentation package. Computer-based multimedia added flavor to the presentation, but developing this lengthy lesson required hundreds of hours, substantial hardware/software and a high tolerance for frustration.     

From Adam Smith to the American Catholic bishops: Debating visions of economic life

Considerable controversy was stirred by the contrast between the specific approaches to public policy contained in the first draft of the Catholic bishops' letter on the U.S. economy and the policies favored by the Reagan administration. However, a much more basic contrast actually existed between the bishops' underlying vision of economic life and contemporary capitalism. The pastoral challenges a separation between moral criteria and economic activity that is deeply embedded in modernity itself. Indeed, the splitting off of economic life from its moral-religious matrix is seen by the bishops' critics as a positive, defining feature of democratic capitalism. The critics see the separate economic and moral-religious spheres related by due balance; the bishops, while acknowledging an autonomy to economic life, emphasize that its fundamental choices remain moral. The bishops (and, for different reasons, their critics) have preferred to minimize the contrast between the letter's vision and the contemporary economy. They avoid any clearcut judgment on the economic system by stressing pragmatism and reforms; but implicitly they are granting a strictly conditioned acceptance of reformist capitalism, the condition being the system's openness to questioning and change. Peter Steinfels is Editor of Commonweal Magazine and he is the author of The Neoconservatives (Simon and Schuster, 1979).     

EC Competition Law After Modernisation: More than Ever in the Interest of Consumers

In this paper it is argued that even though the consumer cannot (anymore) be reduced to a homo oeconomicus, competition law is the cornerstone of consumer law and that the decentralised application of EC competition law since 1 May 2004 (pursuant to Regulation 1/2003) gives new opportunities for an effective application of the EC competition rules to the benefit of consumers. While the EC Treaty (and the future Constitution for Europe) aim to protect consumers in the framework of the internal market programme, as well as on the basis of a genuine consumer protection policy, it is submitted that an effective competition policy remains crucial for consumers in a market economy. Consumer interests are generally diffuse and therefore difficult to protect via legal procedures. Nevertheless a further development of remedies which are already available in Community law (nullity of restrictive agreements, claims for damages, actions for a cease and desist order, and so on) will contribute to an increased application of the competition rules in the interest of consumers.     

Administrative procedures for the control of marketing practices - theoretical rationale and perspectives

The paper purports to analyze some features of administrative control of marketing practices with the help of concepts drawn from modern legal-theoretical debate. As a background a general overview of the traditional justifications for the creation of an administrative control system is presented. These justifications underline the insufficiency of other agencies of control, such as individual consumers, competitors, consumer organizations, public prosecutors, and self-regulatory bodies.The development of administrative control measures has obvious connections with modern legal-theoretical concepts like reflexive law and proceduralization. The theory of reflexive law highlights the fact that effective control presupposes a sufficient consideration of the autonomy of social systems. This leads to emphasizing a flexible negotiation approach of control authorities in order to increase efficiency by creating some degree of internal acceptance of the measures.Legal pluralism again sees the State disintegrating in a constellation of more or less autonomous governments with their own goals and interests. In such a disintegrated State an active consumer authority can, under certain preconditions, create new legal institutions in the consumer law field and thereby contribute to the development not only of consumer law but of general private law as well.

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Theoretische Begründung und Perspektiven für administrative Verfahren der Kontrolle von Marketingpraktiken

Zusammenfassung Der Autor analysiert einige Kennzeichen von administrativer Kontrolle von Marketingpraktiken und zieht dazu Konzepte der neueren rechstheoretischen Diskussion heran. Er prÄsentiert zunÄchst als Hintergrund einen überblick über die traditionellen Rechtfertigungen für ein administratives Kontroll-system. Diese Rechtfertigungen betonen die UnzulÄnglichkeit anderer Kontrollinstanzen, wie z. B. einzelne Konsumenten, Wettbewerber, Verbraucherorganisationen, öffentliche Anklage oder Instanzen der Selbstkontrolle.Die Entwicklung von Ma\nahmen der administrativen Kontrolle hat offenkundig Bezüge zu modernen rechtstheoretischen Konzepten wie reflexives Recht und Prozeduralisierung. Die Theorie des reflexiven Rechts betont als Voraussetzung für effektive Kontrolle, da\ die Autonomie sozialer Systeme ausreichend respektiert wird. Dies führt zur Notwendigkeit flexibler Verhandlungen zwischen Kontrollinstanzen, damit über ein hinreichendes Ma\ an interner Akzeptanz der Mittel, deren Effizienz gesteigert werden kann.Rechtlicher Pluralismus wiederum sieht den Staat zerfallen in eine Konstellation mehr oder weniger autonomer Teilregierungen mit jeweils eigenen Zielen und Interessen. In einem so aufgespaltenen Staat kann eine aktive Verbraucherbehörde unter bestimmten Bedingungen neue rechtliche Institutionen im Bereich des Verbraucherrechts schaffen und dadurch zur Entwicklung nicht nur des Verbraucherrechts, sondern des gesamten Privatrechtes beitragen.

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The paper was presented at the Third International Conference on Consumer Law in Canela, Brazil, March 1992.     

A framework for thinking about Group Decision Support Systems (GDSS)

Strategic problem solving in organizations is a social process that disturbs established social relationships. Maintaining a negotiated social order is crucial to political feasibility and to emotional commitment from the participants in relation to a solution package. However, Group Decision Support Systems that attend overly to managing social order risk group think through bounded vision. This may be avoided if emotional commitment is also encouraged through participants experiencing the problem situation from multiple perspectives and in relation to alternative solution strategies. Commitment depends upon both means/ends rationality and procedural rationality. This acknowledges the balance in providing support to a group with respect to the negotiation of social order, with the more traditional group decision support for socially negotiating order out of the problem situation. This article argues that effective Group Decision Support Systems must attend to both aspects of creating order. OR modelling methods and the support that can be provided by modern micro-computers offer a new way forward—models can be toys that a group can play with together, enabling them to create knowledge as well as use it.