Corporate Rights to Free Speech?

Although the courts have ruled that companies are legal persons, they have not yet made clear the extent to which political free speech for corporations is limited by the strictures legitimately placed upon corporate commercial speech. I explore the question of whether or not companies can properly be said to have the right to civil free speech or whether corporate speech is always de facto commercial speech not subject to the same sorts of legal protections as is the right to civil free speech. In the absence of clearly defined legal precedent, I emphasize moral reasons for determining the appropriate limits of corporate civil free speech. Appealing to arguments typically used to justify individual rights to civil free speech, I examine the extent to which this sort of justification may or may not be legitimately extended to corporations. I conclude that corporate rights to civil free speech must be restricted because granting rights of free speech to institutions may, in practice, undermine the moral rationale and practical feasibility of guaranteeing rights of civil free speech to individuals. Furthermore, I argue that granting corporations full rights to civil free speech will undercut attempts to develop good moral character in corporate institutions by undermining the efforts of watchdog organizations.     

Dissolving the Moral Dilemma of Whistleblowing

The ethical debate on whistleblowing concerns centrally the conflict between the right to political free speech and the duty of loyalty to the organization where one works. This is the moral dilemma of whistleblowing. Political free speech is justified because it is a central part of liberal democracy, whereas loyalty can be motivated as a way of showing consideration for one’s associates. The political philosophy of John Rawls is applied to this dilemma, and it is shown that the requirement of loyalty, in the sense that is needed to create the moral dilemma of whistleblowing, is inconsistent with that theory. In this sense, there is no moral dilemma of whistleblowing. This position has been labelled extreme in that it says that whistleblowing is always morally permitted. In a discussion and rejection of Richard De George’s criteria on permissible whistleblowing, it is pointed out that the mere rejection of loyalty will not lead to an extreme position; harms can still be taken into account. Furthermore, it is argued that the best way is, in this as in most other political circumstances, to weigh harms is provided by the free speech argument from democracy. Lars Lindblom is a Ph D. student in philosophy at the Royal Institute of Technology, Stockholm, Sweden. He has worked as a business ethics consultant and has written on efficency, workplace inspections and business ethics.     

The Political Roots of Corporate Social Responsibility

This article argues that whether and how a firm chooses to adopt Corporate Social Responsibility (CSR) initiatives is conditional in part upon the domestic political institutional structures present in its home market. It demonstrates that economic globalization has increased the pressure applied to companies to develop CSR policies that might help overcome specific governance gaps associated with the globalization phenomenon. Drawing upon an examination of domestic institutions and overall political structure, it argues that the political conditions and expectations present in a company’s home market will condition whether a firm might pursue CSR activity. For home markets, it is posited that perceived electoral salience will be filtered through government type and ideology, and state/societal structures will influence if and how firms will use CSR. Specific arguments are developed from these categorizations. The article concludes with a discussion of how researchers might further explore links between CSR, domestic political structures, and corporate political activity.     

Corporate Legal Responsibility: A Levinasian Perspective

In this article I will look into Corporate Legal Responsibility taking into account Levinas’s notion of infinite responsibility, as well as his understanding of ethical language. My account of Levinas’s philosophy will show that it challenges – breaking down – deeply entrenched distinctions in the dominant strands of moral philosophy, within which the theory of individual responsibility is embedded, such as between:(1) duty to others on the one hand and supererogation on the other; (2) perfect duty to others on the one hand and imperfect duties to others on the other; (3) insiders and outsiders; kith and kin on the one hand and strangers on the other; Levinas’s moral vision is an inclusive one which embraces all of humanity (at least of those present today) irrespective of historical, linguistic, cultural differences and diversities. In other words, each has responsibilities for and duties towards all others. Of course, one might say that there is nothing new about a universalising ethics – after all Kantianism, liberalism as well as utilitarianism are well known instances. However, more crucially, all these traditional moral philosophies uphold the theory of individual responsibility, which is rooted in the philosophy of individualism. Such a philosophy can make sense only of the concept of individual moral/legal agency but not corporate agency. Therefore, in this article I will attempt to show that the Levinasian vision is able to help us change our view with respect to corporate responsibility.     

Strategic Trade Policies Under Monopsony and Uncertainty: The Exporter’s Non-Linear Responses Based on the Organization of Its Industry

Players’ access to information, their market power, and the timing and rationale of their decisions are important but often neglected in the making of strategic trade policies. I examine optimal decisions in a monopsonistic market with asymmetric information to determine an exporting country’s policy strategies. The large importing country first sets a producer subsidy and later imposes an import tariff after learning about the welfare-maximizing exporter’s reactions to the subsidy. I assume that at the time of their decisions, the n exporting firms have incomplete information and rely only on noisy signals from their own domestic market to account for the uncertainty in the international market. I find that import tariff and producer subsidy can be substitute rather than exclusively independent policies. Results also show that the exporting country’s optimal reaction is non-linear and is based on the structure of its export industry; the exporting country’s government facing a large importer subsidizes (or taxes) its export when the number of exporting firms is low (or high) relative to a threshold number of firms. More important, before giving out subsidies, the exporting country’s government requires more collusion of its firms especially when the large importer targets a fixed domestic price.     

Shareholders and Social Responsibility

The article presents an analysis and critique of Milton Friedman’s argument that the social responsibility of business is merely to increase its profits. The analysis uncovers a central claim that Friedman implies, but does not explicitly defend, namely that the shareholders of a corporation have no duty to direct that corporation’s management to exercise social responsibility. An argument against this claim is then advanced by way of a convergence strategy, whereby multiple influential moral approaches are shown to align themselves against Friedman. The convergence strategy shows that Friedman’s position lies on the lonely fringes of Western moral thought, and that at least some of Friedman’s professed adherents appear to offer incoherent moral views. The convergence strategy is shown to suggest, but not entail, a stakeholder model of the corporation. The article concludes by considering two objections.     

Moral Markets and Moral Managers Revisited

In the wake of recent corporate scandals, this paper examines the claim made by John Boatright that business ethics, as it is currently conceived, “rests on a mistake.” Ethics in business should not be achieved through managerial vision, discretion or responsibility; rather, ethics should shape the design of institutions that regulate business from the outside. What ethicists should advocate for, according to Boatright, are moral markets not moral managers. I explore the empirical and normative dimensions of his claim with special attention paid to the extent to which Boatright’s development of the economic theory of the firm supports his position. I conclude by suggesting some reasons why moral markets and moral management are compatible frameworks for corporate reform.     

Cultural Values and International Differences in Business Ethics

We analyze ethical policies of firms in industrialized countries and try to find out whether culture is a factor that plays a significant role in explaining country differences. We look into the firm’s human rights policy, its governance of bribery and corruption, and the comprehensiveness, implementation and communication of its codes of ethics. We use a dataset on ethical policies of almost 2,700 firms in 24 countries. We find that there are significant differences among ethical policies of firms headquartered in different countries. When we associate these ethical policies with Hofstede’s cultural indicators, we find that individualism and uncertainty avoidance are positively associated with a firm’s ethical policies, whereas masculinity and power distance are negatively related to these policies. Bert Scholtens received his Ph.D. at the Universtiy of Amsterdam. Since 1999 he has been working at the Department of Finance of the University of Groningen, the Netherlands. His research particularly looks into the interaction between financial institutions and corporate social responsibility. He has published in, among others, Ecological Economics, Journal of Banking and Finance, Finance Letters, Journal of Investing, Sustainable Development, and Journal of Business Ethics. Lammertjan Dam is a Ph.D. student at the Universtiy of Groningen. He expects to defend his thesis about the integration of corporate social responsibility in economic valuation in Summer 2007.     

Effects of Family Socialization in the Organizational Commitment of the Family Firms from the Moral Economy Perspective

South Korean industrial conglomerates (chaebols) are discussed in the context of value-based management (VBM). Recent economics and finance literature on the diversion of corporate resources from the firm to the controlling shareholders (tunneling), for which chaebols are notoriously known, is discussed. Chaebols have engaged in empire building and expropriation of minority shareholders, distorting the process of efficient resource allocation in South Korea, and became the root cause of the 1997 financial crisis. We argue that the 1997 crisis should be viewed as a consequence of chaebols’ systematic deviation from the guiding principles of VBM. We use tunneling within chaebols as an example of the need to directly address prohibition of the expropriation of minority shareholders as a primary postulate of VBM. We argue that VBM should require that the value generated by the firm not be expropriated from minorities, or any stakeholders, by dominant shareholders. We also examine moral and ethical considerations and present explanations as to why the unethical practice of tunneling has been tolerated by the South Korean public. We show that public opinion on tunneling is changing and that the treatment of minority shareholders by chaebols’ controlling families is becoming increasingly unacceptable to South Koreans.     

台湾电视媒介生态透视——以电视综艺娱乐节目为视角的分析

中国台湾与中国大陆同属华人社会,但两岸政治、经济与社会历史文化发展境遇不同,在媒介生态层面表现各异。近十年来,当代台湾流行文化与传媒文化的最重要代表是电视综艺娱乐节目。台湾电视综艺多为台湾本地制作,是台湾政经社会发展的传媒景观与文化心理标本,内容丰富,视角多元,形态各异。以台湾电视综艺娱乐现象为考察对象,可以在一定程度上管窥台湾媒介生态的多元侧面。本文借助＂媒介生态＂这个概念,紧扣电视综艺娱乐,将台湾电视传媒放置在传媒格局深刻变化,信息技术日新月异,文化影响力日益成为媒介品牌评价标杆的历史语境中,分析现状,引起反思与必要的借鉴,以提升对华语电视传媒发展新认识。     

SME Export Performance in Indonesia After the Crisis

Firms in export-oriented sectors with more exporters and more foreign investment, or firms with more access/use of credit, tend to export a higher share of their output, whether they are small or large. The latter points out that the benefits of size-neutral policies that improve the overall business and foreign investment climate and secure access to formal credit for all enterprises produce benefits for the entire economy. Small firms with higher use of machinery and higher use of domestic inputs displayed a higher likelihood to increase the share of their output exported. SMEs show rising productivity with access and use of appropriate production inputs. Decades of protective size-specific policies, such as the reservation scheme for SMEs still in place in Indonesia’s manufacturing may have distorted, more than supported, adoption of appropriate technologies among SMEs. These policies may need to be revisited and refocused on more size-neutral policies such as improved access to collateral or reduced cost of business registration and licensing.     

Reflecting on the Common Discourse on Piracy and Intellectual Property Rights: A Divergent Perspective

The common discourse on intellectual property rights rests mainly on utilitarian ground, with implications on the question of justice as well as moral significance. It runs like this: Intellectual property rights are to reward the originators for his/her intellectual labour mainly in monetary terms, thereby providing incentives for originators to engage in future innovative labouring. Without such incentives, few, if not none, will engage in creative activities and the whole human community will, thereby, suffer because of reduced inventions. However, such utilitarian argument on piracy as de-motivation may not be necessarily justified. In fact, intellectual property arrangement is one among different institutions concerning how the society may handle new ideas and creative works. In reality, private ownership over one’s intellectual product is merely a modern western concept that is being ‹advertised’ as being normative, which, by itself, is highly debatable. Alarming still, such normative argument assumes both justness and moral dimensions. This article will analyse whether such argument is philosophically sound.     

Kierkegaardian Confessions: The Relationship Between Moral Reasoning and Failure to be Promoted

Kierkegaard’s theory of pre-ethical, aesthetic, ethical, and religious spheres of moral reasoning was applied to the case of an individual rejected for promotion to full professor. The evaluators seemed to represent the public morality of the profession, assumed that they represented the highest level of moral reasoning, and judged that the candidate represented a private morality based on a lower level of moral reasoning. The article questioned the view that moral reasoning could be discerned from one’s actions. It was paradoxical that different spheres seemed to produce similar kinds of actions, though for differing reasons, making identification difficult. It was easy for the evaluators to confuse spheres representing private moralities and to conclude, based on the candidate’s research record, that she/he was unsuitable for promotion. It was equally difficult for the candidate to discern whether the evaluators’ moral reasoning represented the public morality of the profession, or a pre-ethical need by the evaluators to appear in solidarity with the public morality. This made it difficult for the candidate to know whether the evaluators’ recommendations represented absolute standards that would be applied to any future re-application, or not. The article’s contribution was the identification of different spheres of moral reasoning, the interactions between spheres, and the paradoxical indeterminacy of gauging moral reasoning from moral action. It supported Kierkegaard’s view that the highest truth attainable by an individual was “an objective uncertainty” and that this truth was lost in self-deception when one claimed to have been able to solve the paradox.     

Breaking the Rules: Examining the Facilitation Effects of Moral Intensity Characteristics on the Recognition of Rule Violations

This research project seeks to discover whether certain characteristics of a moral issue facilitate individuals’ abilities to detect violators of a conditional rule. In business, conditional rules are often framed in terms of a social contract between employer and employee. Of significant concern to business ethicists is the fact that these social contracts are frequently breached. Some researchers in the field of evolutionary psychology argue that there is a biological basis to social contract formation and dissolution in business. However, although it is inescapable that biological forces shaped a fixed neural structure that guides and limits humans’ abilities, we argue that characteristics of the situation in which the person finds himself or herself moderate the activation of these neural circuits in ordinary business social contract situations. Specifically, the moral intensity associated with the social contract conditional rule is likely to influence peoples’ abilities to detect violators of the rule. This study utilizes adapted versions of the Wason selection task and manipulates the issue-contingent moral intensity characteristics of magnitude of consequences, proximity, and social consensus to assess if moral intensity facilitates detection of rule violators. Results from this empirical study indicate no relationship between moral intensity characteristics and issue recognition but do provide insights into the evolutionary psychology approach. David M. Wasieleski is an Assistant Professor in the Leadership and Change Management Division of the A.J. Palumbo School of Business Administration and the John F. Donahue Graduate School of Business at Duquesne University. He received his Ph.D. from the University of Pittsburgh. David’s recent research focuses on individuals’ biological propensity for ethical behavior and its effect on workplace relationships. His other research interests include moral intensity, cognitive moral development, stakeholder agenda-building, and policy learning. Sefa Hayibor is an Assistant Professor of Management in the Sobey School of Business at Saint Mary’s University (Canada). He received his Ph.D. from the University of Pittsburgh. His research interests include business ethics and ethical decision-making, stakeholder motivation and management, charismatic leadership, and cognitive heuristics and biases.     

The Decomposition of the Corporate Body: What Kant Cannot Contribute to Business Ethics

Kant is gaining popularity in business ethics because the categorical imperative rules out actions such as deceptive advertising and exploitative working conditions, both of which treat people merely as means to an end. However, those who apply Kant in this way often hold businesses themselves morally accountable, and this conception of collective responsibility contradicts the kind of moral agency that underlies Kant’s ethics. A business has neither inclinations nor the capacity to reason, so it lacks the conditions necessary for constraint by the moral law. Instead, corporate policies ought to be understood as analogous to legal constraints. They may encourage or discourage certain actions, but they cannot determine a person’s maxim – which for Kant is the focus of moral judgment. Because there is no collective intention apart from any intentions of the individual agents who act as members of the corporation, an organization itself has no moral obligations. This poses a dilemma: either apply the categorical imperative to the actions of particular businesspeople and surrender the notion of collective responsibility, or apply a different moral theory to the actions of businesses themselves. Given the diffusion of responsibility in a bureaucracy, the explanatory usefulness of collective responsibility may force business ethicists to abandon Kant’s moral philosophy.     

Ethics of Celebrities and Their Increasing Influence in 21st Century Society

The influence of celebrities in the 21st century extends far beyond the traditional domain of the entertainment sector of society. During the recent Palestinian presidential elections, the Hollywood actor Richard Gere broadcast a televised message to voters in the region and stated, “Hi, I’m Richard Gere, and I’m speaking for the entire world”. Celebrities in the 21st century have expanded from simple product endorsements to global political and international diplomacy. The celebrities industry is undergoing, “mission creep”, or the expansion of an enterprise beyond its original goals (Hyde, 2009). The global internet is one of the major drivers of this phenomenon. The contribution of this paper is to analyse this global phenomenon and the potential implications for business ethics research.     

The Land of Realism and the Shipwreck of Idea-ism: Thomas Aquinas and Milton Friedman on the Social Responsibilities of Business

The views of thirteenth century Catholic thinker Thomas Aquinas and twentieth century economist Milton Friedman on the social responsibility of business are contrasted by probing the foundations of their positions. The basis of Aquinas’ normative stance in political economy is found in the metaphysical and moral realism of the classic tradition. The role Descartes and Hobbes played in overturning this philosophical starting point and ushering in an age of ideology is traced out. Friedman’s commitment to Comte’s vision of positivism is revealed and what this entails for metaphysics, ethics, and economics is given.     

Just Doing Business or Doing Just Business: Google,Microsoft, Yahoo! and the Business of Censoring China’s Internet

This paper addresses the criticism recently directed at Internet companies who have chosen to do business in China. Currently, in order to conduct business in China, companies must agree to the Chinese government’s rule of self-censoring any information the government deems inappropriate. We start by explaining how some of these companies have violated the human rights of Chinese citizens to freely trade information. We then analyze whether the justifications and excuses offered by these companies are sufficient to absolve them of moral responsibility. We argue that both justifications and excuses offered are insufficient. Wilfully abiding by unjust laws, albeit necessary to do business in China, should not trump moral actions that protect rights. “This is not something we did enthusiastically, or not something that we are proud of at all.”– Elliot Schrage answering questions from Congress regarding Google’s decision to censor its Internet searches in China Neil Haddow is currently finishing his PhD in philosophy at the University of Waterloo. His interests are moral and political philosophy at the theoretical and applied levels. He is the co-author of another paper forthcoming in The Journal of Business Ethics on age discrimination and automobile insurance. G. Elijah Dann presently lectures for the Department of Philosophy at the University of Toronto. He is author of After Rorty: The possibilities for ethics and religious belief (Continuum Press, 2006), and is editor of a forthcoming book on Christianity entitled, Leaving Fundamentalism (Wilfrid Laurier University Press, 2007).     

On the Ethics of Product Placement in Media Entertainment

Abstract

This study examines the ethical propriety of current trends in product placement in television and film entertainment. Historical background for the product placement concept and practice is provided. Changes in the marketing climate that have provided a push for product placement are outlined. A characterization of the product placement industry as it stands today, and the ethical issues raised by the practice frame the analysis. Three distinct “genres” of contemporary product placement are analyzed: (1) Product Placement, (2) Product Integration, and (3) Video Insertion. First, the rise of Product Placement, strategic changes in use, and increased dependence on revenues in production will be discussed. The second section examines a newly mounted form of Product Integration, whereby product placement plays a key role in content development and support of production in television and film. Third, the origins of Video Insertion will be traced to the Princeton Video Image invention of its proprietary L-VIS product. The ethical efficacy ofplacing “virtual advertisements” in space and times that do not naturally exist will be examined. The article closes with summary assessments and consideration of recommendations for action. Ethical issues focused on in the assessment include deception, artists' rights, and excess commercialism. Recommendations consider the climate for full and advance disclosure of product placements in media entertainment, the prospects for a voluntary rating system, and the threat of reclassifying product placement infused media entertainment as commercial speech.     

State institutions, risk, and lending in global capital markets

This paper examines one component of the expansion of global capitalism, the lending of capital across national borders and the affect of national political institutions and arrangements upon that lending. Global capital markets expanded rapidly during the latter part of the twentieth century, prompting discussions about the role of mobile capital. This contribution makes three key points to the understanding of globalization, its impacts, its causes, and its relationship to the nation-state, business and development. First, globalization is an uneven, bifurcated, phenomenon. Only a select group access these global capital markets, while many watch from the sidelines. Second, national political arrangements help us understand systematic disparities in access to global capital. National and local public policies, national political institutions, and other local activities prove instrumental in affecting access to global capital. Democracy and regulatory stability matter as they provide information to international investors about the risk to investments from local arenas. Third, the data presents a methodological obstacle in understanding how politics affects access to global capital. The structure of the data’s distribution can hide real relationships and pervert substantive interpretations if not managed. Without addressing the statistical concerns presented by the data the results would at worst be little more than garbage in, garbage out, and at best misleading.