The Role of Law in Models of Ethical Behavior

In attempting to improve ethical decision-making in business organizations, researchers have developed models of ethical decision-making processes. Most of these models do not include a role for law in ethical decision-making, or if law is mentioned, it is set as a boundary constraint, exogenous to the decision process. However, many decision models in business ethics are based on cognitive moral development theory, in which the law is thought to be the external referent of individuals at the level of cognitive development that most people have achieved. Other theoretical bases of ethical decision models, social learning, and experientialism, also imply a role for law that is rarely made explicit. Law is a more important aspect of ethical decision-process models than it appears to be in the models. This paper will derive explicit roles for the law from the cognition, experientialism, and social learning theories that are used to build ethical decision-making models for business behavior. Sandra Christensen is Professor of Management at Eastern Washington University, where she teaches courses in Business & Society, International Business, and Leadership & Ethics. She has published in Business and Society, Business Ethics Quarterly, the Journal of Business Ethics, and the Academy of Management Review.     

Rational interaction for moral sensitivity: A postmodern approach to moral decision-making in business

Moral dissensus is a distinct feature of our time. This is not only true of our post-modern culture in general, but also of business culture specifically. In this paper I start by explaining how modernist rationality has produced moral dissensus without offering any hope of bringing an end to it in the foreseeable future. Opting for a form of post-modernist rationality as the only viable way of dealing with moral dissensus, I then make an analysis of a number of ways proposed by both specialists in the field of business ethics, as well as philosophers to deal with moral decision-making in this situation of moral dissensus. The conclusion reached is that none of these attempts succeeds in coming to terms with moral dissensus. I then formulate an alternative approach to moral decision-making which I call: Rational interaction for moral sensitivity. After explaining this approach, I defend it against some of the most obvious objections that might be raised against it in a business environment.

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Focus: Information Ethics

"The overall goal of information ethics is to integrate information technology and human values in such a way that IT advances and protects human values rather than doing damage to them" (Simon Rogerson). We are pleased to present in this issue five papers from a recent European conference on information ethics edited and introduced by Simon Rogerson, Director of the Centre for Computing and Social Responsibility at De Montfort University, England.
We are also pleased to announce a major new feature of the Review, entitled Business Ethics on the Internet, which will be contributed from time to time by members of the Centre for Computing and Social Responsibility at De Montfort University. This will provide regular up-to-date information and comment on the resources which are becoming increasingly available on the Internet relating to the study of business ethics and the practice of ethical business. It will be launched in our July issue in an article entitled "Business Ethics on the Internet".     

Mental Models, Moral Imagination and System Thinking in the Age of Globalization

After experiments with various economic systems, we appear to have conceded, to misquote Winston Churchill that “free enterprise is the worst economic system, except all the others that have been tried.” Affirming that conclusion, I shall argue that in today’s expanding global economy, we need to revisit our mind-sets about corporate governance and leadership to fit what will be new kinds of free enterprise. The aim is to develop a values-based model for corporate governance in this age of globalization that will be appropriate in a variety of challenging cultural and economic settings. I shall present an analysis of mental models from a social constructivist perspective. I shall then develop the notion of moral imagination as one way to revisit traditional mind-sets about values-based corporate governance and outline what I mean by systems thinking. I shall conclude with examples for modeling corporate governance in multi-cultural settings and draw tentative conclusions about globalization. Patricia H. Werhane is the Wicklander Chair of Business Ethics and Director of the Institute for Business and Professional Ethics at DePaul University with a joint appointment as the Peter and Adeline Ruffin Professor of Business Ethics in the Darden School at the University of Virginia. Professor Werhane has published numerous articles and is the author or editor of twenty books including Persons, Rights and Corporations, Adam Smith and His Legacy for Modern Capitalism, Moral Imagination and Managerial Decision-Making with Oxford University Press and Employment and Employee Rights (with Tara J. Radin and Norman Bowie) with Blackwell’s. She is the founder and former Editor-in-Chief of Business Ethics Quarterly, the journal of the Society for Business Ethics.     

Are corporations institutionalizing ethics?

Very little has been done to find out what corporations have done to build ethical values into their organizations. In this report on a survey of 1984 Fortune 1000 industrial and service companies the Center for Business Ethics reveals some facts regarding codes of ethics, ethics committees, social audits, ethics training programs, boards of directors, and other areas where corporations might institutionalize ethics. Based on the survey, the Center for Business Ethics is convinced that corporations are beginning to take steps to institutionalize ethics, while recognizing that in most cases more specific mechanisms and strategies need to be implemented to make their ethics efforts truly effective.Established in 1976, The Center for Business Ethics at Bentley College is dedicated to providing a nonpartisan forum for the exchange of ideas on business ethics in an industrial society. Special emphasis is placed on these ideas as they relate to the activities of corporations, labor, government, special interest groups, and the professions. The Center sponsors National Conferences on Business Ethics, publishes their proceedings, works with academic institutions and corporations to set up business ethics courses and programs, and generally serves as a clearing house for ideas and materials on business ethics.The report and survey were prepared by the following people from the Center for Business Ethics: W. Michael Hoffman, Director; Ann Lange, Research Associate; Jennifer Mills Moore, Research Associate; Karen Donovan, Graduate Assistant; Paulette Mungillo, Aileene McDonagh, Paula Vanetti, Linda Ledoux, Staff Assistants.     

FOCUS: A Comparison of Business Ethics in North America and Continental Europe

The author of this major study compares the significantly different approaches to business ethics on both sides of the Atlantic and considers what they have to learn from each other. He has considerable experience of business ethics in both Europe and North America, having taught and researched the subject at the University of St Gallen in his native Switzerland before his appointment as Professor of International Business Ethics in the College of Business Administration, University of Notre Dame, Indiana 46556, USA. Professor Enderle was also the founding Honorary Treasurer of the European Business Ethics Network and is an Associate Editor of this Review.     

Editorial Adieu: Cultivating Moral Courage in Business

Leaving an editorial chair provides an opportunity for the departing incumbent to deliver a final message to his readers. Seven years after founding Business Ethics. A European Review the editor can offer no better valedictory than to explore the role of moral courage in the ethical conduct of business. Not only does this provide an excellent illustration of the recent recovery of the subject of “virtue” ethics in moral philosophy in general, as well as in the application of morality to business. It also serves to highlight the important difference between ‘business ethics’ as a term applied to the study of right and wrong behaviour in business, and ‘ethical business’, which is business actually conducted on ethical lines. For the difference between behaving rightly and wrongly in any area of human activity, including that of business, is not simply a matter of knowledge, or of finding the “correct” answer. There is a crucial psychological gap between knowing what one ought to do and then actually doing it; as Ovid ruefully observed, we see and approve the better things, yet we follow the worse. This is where courage comes in, for the gap between ethical perception and ethical performance is bridged by moral courage, as the following article suggests. More colloquially, the author is accustomed to conclude his classroom teaching on business ethics by observing that it is one thing to work out, often laboriously and hesitantly, what is the correct line of behaviour to follow; it is quite another thing to have the guts to follow it. An early version of this paper was delivered in Gresham College, London, while a more developed account dates from the First World Congress of the International Society of Business, Economics and Ethics, held in Tokyo in 1996. The following is reprinted from International Business Ethics: Challenges and Approaches , edited by George Enderle earlier this year and published by the University of Notre Dame Press and Hong Kong University Press.     

Ethical Corporate Consultancy

As ethical consultancy to business develops what are its principles, its methods and its possible pitfalls? The author is Professor of Business Ethics at the Netherlands School of Business, Nijenrode, and Chairman of the European Business Ethics Network.     

Political consequences of ethical investing: The case of South Africa

This paper discusses the economic impact and political consequences of ethical investing, with particular attention to the case of South Africa. The origins of ethical investing are examined, along with the institutions and strategies by which ethical investing operates today. Of immediate relevance to managers is a recent judicial decision upholding Baltimore's divestment ordinance. The discussion concludes with an assessment of the likely consequences of ethical investing for U.S. multinationals in Southern Africa. Dr. Paul is an Associate Professor of Management at the Rochester Institute of Technology. She took her Ph.D. from Emory University in 1974. She has published and presented widely on the subject of Business Ethics and Business and Public Policy. Her current research interest in business and South Africa has taken her to South Africa on a Fulbright Fellowship. Dr. Paul has also been named a Radcliffe Peace Fellow for 1987–88. She has just edited Business Environment and Business Ethics: The Social, Moral, and Political Dimensions of Management (1987) for Ballinger Press.Mr. Aquila has been a full time Lecturer at the Rochester Institute of Technology since 1984. He took his M.B.A. degree from New York University in 1980 and is just finishing his Ph.D. at the University of Rochester in American History. Mr. Aquila was awarded the David Parker Memorial Prize in History from the University of Rochester in 1986.     

Assessing the application of cognitive moral development theory to business ethics

Cognitive moral development (CMD) theory has been accepted as a construct to help explain business ethics, social responsibility and other organizational phenomena. This article critically assesses CMD as a construct in business ethics by presenting the history and criticisms of CMD. The value of CMD is evaluated and problems with using CMD as one predictor of ethical decisions are addressed. Researchers are made aware of the major criticisms of CMD theory including disguised value judgments, invariance of stages, and gender bias in the initial scale development. Implications for business ethics research are discussed and opportunities for future research delineated.John Fraedrich is an Assistant Professor of Marketing at Southern Illinois University of Carbondale. His areas of interest include ethical decision making and international marketing. He has published inJournal of Macromarketing, Journal of Business Ethics, Journal of Academy of Marketing Science, Journal of Business Research, Journal of Marketing Management, International Journal of Value Based Management, andJournal of International Consumer Marketing. Dr. Fraedrich is co-author of a textbookBusiness Ethics: Ethical Decision Making and Cases, Second Edition.Debbie M. Thorne is an Assistant Professor of Marketing at the University of Tampa. Her areas of interest include business ethics, social network analysis, and cultural issues in organizations. She received a Ph.D. in 1993 and has published in theJournal of Teaching in International Business and numerous conference proceedings.O. C. Ferrell is Interim Dean and Distinguished Professor of Marketing and Business Ethics in the Fogelman College of Business and Economics at Memphis State University. Dr. Ferrell was chairman of the American Marketing Association Ethics Committee that developed the current AMA Code of Ethics. He has published articles on business ethics in theJournal of Marketing, Journal of Marketing Research, Journal of Business Research, Journal of Macromarketing, Human Relations, Journal of Business Ethics, as well as others. He has co-authored ten textbooks includingBusiness Ethics: Ethical Decision Making and Cases, Second Edition, and a tradebook,In Pursuit of Ethics.     

The course in business ethics: Can it work?

An examination of ninety-nine syllabi for undergraduate courses in business ethics, collected by the Center for Business Ethics at Bentley College, reveals that half the courses are offered to freshmen and sophomores. Because of the fact that these students will have minimal knowledge of the functional areas of business firms, and because these courses rely heavily on case analysis, it is likely that the students in these courses are not able to deal effectively with the material in the course. Therefore, any expectation that the business ethics course will raise the students' ethical sensitivity when considering business problems or decisions is unrealistic.Dr. Pamental teaches Business, Government and Society and Business Ethics in Literature at Rhode Island College, and is a Research Fellow of the Center for Business Ethics at Bentley College. He has written extensively on the subject of business ethics and its relationship to business programs.     

Some Thoughts on Moriarty and Moeller

Abstact In a recent paper in Business Ethics Quarterly Professor Jeffrey Moriarty (2005) asserted the relevance of political philosophy to business ethics. Moriarty asked whether “businesses ought to be run (more) like states” and argued why that might be beneficial. This paper on the contrary asserts that there are distinct disadvantages to businesses attempting to be run more like states. Specifically, it asserts that any such an attempt increases the likelihood of the re-emergence of a totalitarian society as businesses currently often act as an intermediary between the individual and the state. The paper contemplates Moeller’s ambitions in the Weimar period for the business to be run like a state and the historical outcome of those ambitions. The paper also distinguishes between two different kinds of rights and argues that different kinds of rights pertain to different sectors which preclude business being run like a state. Dr. Michael Schwartz is an associate professor at the Royal Melbourne Institute of Technology. He also serves as the vice-president of the Australian Association for Professional and Applied Ethics. His research in the field of business ethics has been published in Research in Ethical Issues in Organizations, the Journal of Business Ethics, Business Ethics Quarterly and Business Ethics: A European Review.     

Theology in business ethics: Appealing to the religious imagination

By appealing to the religious imagination Theology can make a distinctive contribution to business ethics. In the first part of the essay I examine what is entailed by appealing to the imagination to reason in ethics: through converging arguments the imagination enables us rationally to interpret reality and to infer obligations. In the following sections I consider the relevance of the religious imagination for business ethics. In the second part I explain the imagination's use of religious metaphor to establish its theological distinctiveness in ethical inquiry. Then in the final part I illustrate Theology's contribution to business ethics by studying the imagination's use of religious metaphor with regard to profit and to third world debt.Gerard Magill has degrees in Philosophy and in Moral Theology, with a Ph.D. He is an Assistant Professor (Theology) at Saint Louis University, teaching Moral Theology and Business Ethics. He is a member of the Faculty Committee for the University's new Center for Business Ethics.     

The Relevance and Value of Confucianism in Contemporary Business Ethics

This article examines the relevance and value of Confucian Ethics to contemporary Business Ethics by comparing their respective perspectives and approaches towards business activities within the modern capitalist framework, the principle of reciprocity and the concept of human virtues. Confucian Ethics provides interesting parallels with contemporary Western-oriented Business Ethics. At the same, it diverges from contemporary Business Ethics in some significant ways. Upon an examination of philosophical texts as well as empirical studies, it is argued that Confucian Ethics is able to provide some unique philosophical and intellectual perspectives in order to forge a richer understanding and analysis of the field of contemporary Business Ethics. Gary Kok Yew Chan is Assistant Professor of Law at Singapore Management University. Apart from Business Law, he teaches Ethics and Social Responsibility. He has obtained an LL.B (National University of Singapore) and LL.M (School of Oriental and African Studies, University of London) respectively and has published in several reputable law journals including Journal of Business Law, Cambridge Law Journal, Australian Journal of Asian Law, Hong Kong Law Journal and Singapore Journal of Legal Studies. In addition, he holds an M.A. in Southeast Asian Studies (National University of Singapore) and a B.A. in Philosophy (University of London).     

Bridging the Gap Between Theory and Practice: Using the 1991 Federal Sentencing Guidelines as a Paradigm for Ethics Training

Although Business Ethics has become a topic of wide discussion in both academia and the corporate world, questions remain as how to present ethical issues in a manner that will effectively influence the decisions and behavior of business employees. In this paper we argue that the Federal Sentencing Guidelines (FSG) offer a unique opportunity for bridging the gap between the theory and practice of business ethics. We first explain what the FSG are and how they apply to organizations. We then show how discussions of the FSG might be used in business ethics courses in a way that is both theoretically sound and practically applicable. Finally, we show how the requirements of the FSG can be used by companies to develop effective ethical compliance programs. As such, we maintain that the FSG provide a powerful heuristic tool for the teaching and training of business ethics.     

Guanxi and Conflicts of Interest

Guanxi involves interpersonal obligations, which may conflict with other obligations people have that are based on general or abstract moral considerations. In the West, the latter have been widely accepted as the general source of obligations, which is perhaps tied to social changes associated with the rise of capitalism. Recently, Western ethicists have started to reconsider the extent to which personal relationships may form a distinct basis for obligation. In administration and management, salient bases for decision-making include deontological, consequentialist and personalist ethics. The first may be reflected in a bureaucratic approach, the second in a price system, and the third in arrangements like guanxi. Each has positive and negative aspects, but problems arise when they lead to conflicting obligations, as may occur for an office holder who has some obligations based in deontological considerations and others based in personal relationships. This is a type of conflict of interest. Such conflicts have been considered in the West, and remedies proposed. Problems arise especially in cases where it is not clear how to prioritise different obligations, and this has been noted as a difficulty in the Chinese legal system. Questions that need to be answered include not only questions about how to deal with conflicting obligations, but also questions about what institutions to accept as giving rise to obligations. Institutions themselves may be problematic not only because of their consequences for economic productivity, but because they are internally incoherent, and this may be manifested in frequent conflicts faced by office holders. Chris Provis studied and taught philosophy, then worked for some years in industrial relations and now is Associate Professor in the School of Management at the University of South Australia, and Deputy Director of the Ethics Centre of South Australia. He has published articles in journals including Business Ethics Quarterly, Journal of Business Ethics, and Business Ethics: A European Review. His book Ethics and Organisational Politics was published by Edward Elgar in 2004.     

An Exploratory Investigation of the Effect of Ethical Culture in Activating Moral Imagination

Moral imagination is a process that involves a thorough consideration of the ethical elements of a decision. We sought to explore what might distinguish moral imagination from other ethical approaches within a complex business simulation. Using a three-component model of moral imagination, we sought to discover whether organization cultures with a salient ethics theme activate moral imagination. Finding an effect, we sought an answer to whether some individuals were more prone to being influenced in this way by ethical cultures. We found that employees with strong moral identities are less influenced by such cultures than employees whose sense of self is not defined in moral terms. David F. Caldwell is the Stephen and Patrica Schott Professor of Business in the Leavey School of Business at Santa Clara University. Dennis Moberg is the Wilkinson Professor of Management and Ethics in the Leavey School of Business at Santa Clara University.     

Can business ethics be theological? What Athens can learn from Jerusalem

The work of philosophers in business ethics has been important in providing a systematic framework to analyze moral obligations of corporations and their many stakeholders. Yet the field of ethics as defined by the philosophers of the past two centuries is too narrow to do justice to what is at stake in the business world. Ethics in the theological perspective is not primarily concerned with analyzing situations so that one can make right decisions, but rather with reflecting on what is constitutive of the good life. Theological business ethics can apply a crucial corrective to the business ethics of philosophers by broadening the endeavor to include a vision of what constitutes a good life — of the kind of persons we want to be and the kind of communities we want to form. Oliver F. Williams, C.S.C., is on the faculty of the Department of Management at the University of Notre Dame where he teaches and researches in the field of business, society and ethics. He holds a Ph.D. in theology from Vanderbilt University and has had the experience of a research year at the Graduate School of Business Administration of Stanford University. His publications include five books, the most recent of which is The Apartheid Crisis: How We Can Do Justice in a Land of Violence (Harper & Row). He has published articles on business ethics in journals including Theology Today, California Management Review, Harvard Business Review and Business Horizons.     

FOCUS: Practical Reflections on Teaching Business Ethics to Undergraduates

Teaching business ethics to undergraduates has disclosed difficulties for both students and teacher which raise deeper issues about what is the purpose of teaching ethics and of engaging in business. The author is Lecturer in Business Ethics in the Faculty of Business and Social Studies, Cheltenham & Gloucester College of Higher Education, Swindon Road, Cheltenham, Glos GL50 4AZ, UK.     

Changes in Attitudes Towards Business Ethics Held by Former South African Business Management Students

The objective of this study was to assess whether, and how, the attitudes towards business ethics of former South African business students have changed between the early 1990s and 2010. The study used the Attitudes Toward Business Ethics Questionnaire and applied a comparative analysis between leading business schools in South Africa. The findings of this study found a significant change in attitudes based on a set time frame, with a trend towards stronger opinions on business ethics and espoused values. Eleven factors came out as fundamental, although they were less able to explain the variation in the attitudes than the previous study. A significant change in the rankings of variables was noted and indicated a shift in attitude toward a teleological moral philosophy as well as utilitarian motives. This shows a clear trend towards compliance-based ethics, which can be explained by the proliferation of business legislation and regulation in the wake of recent corporate governance failures and the subsequent global financial crisis.