Functionalist and Conflict Views of AICPA Code of Conduct: Public Interest vs. Self Interest

The sociological models of functionalism and conflict are introduced and utilized to analyze professionalism in the accounting profession as it is manifest in the American Institute of Certified Public Accountant's Code of Conduct. Rule 203 of the Code and provisions of the Code related to the public interest are examined using semiotic analysis to determine if they are most consistent with the functionalist or conflict models. While the analysis does not address intent of the Code, it is determined that the Code contains semantic defects which result in different interpretations of the Code to different readers. The defects found are most consistent with the conflict model of professionalism. This has implications for the public and for individuals within the profession, making the Code less useful to both groups. The defects are seen as a potential battleground for the self-interest vs the public interest orientation of the accounting profession.     

Revisiting Gender Role Stereotyping in the Sales Profession

This paper revisits the issue of gender stereotypes in sales professions given new views of what makes for effective sales performance and sales management. Women's continued disadvantaged position in the sales profession is documented, and the role of gender role stereotypes in sustaining this situation in the profession is examined. The paper then turns to the newly emerging, ostensibly "pro-female", view of sales. This emphasises the importance of building and sustaining relationships – qualities that women have traditionally been stereotyped as "good" at. Despite the positive emphasis accorded to women's skills in this new sales landscape, the ethical problems which arise from constructing this debate around the issue of gender are explored. In particular, the extent to which the view of women as "good at relationships" constitutes a stereotype is examined, and the value of this stereotype for redressing women's disadvantaged position from the perspectives of justice and utility is set out. In the final part of the paper we look at potential avenues for future theory and research which may help bring into focus a new view of gender role stereotypes in sales.     

Ethical Audit Decisions: A Structuration Perspective

The public accounting profession has long relied on its reputation for integrity and veracity as justification for its professional status and monopoly privilege predicated on claims of acting in the public interest. If such status and privilege are to be justified and sustained, serious consideration of what constitutes ethical behavior, how such behavior is motivated as well as an explicit recognition of the rights and interests of affected parties constitutes an ethical imperative for the profession. Traditionally, work on ethics and auditing is quite narrow, failing to recognize the social context of individual actions, failing to identify the relevant constituencies of the profession, and failing to articulate processes through which the constituencies interests can be identified. Generally, the accounting literature has taken a cognitive perspective on ethical decision making which views the resolution of ethical dilemmas as primarily a function of the moral makeup of the actor responding within the context of the Code of Professional Conduct. The purpose of this paper is to broaden the theoretical base of ethical research, specifically within the area of professional accounting and more generally in the area of business. We propose the application of structuration theory in conjunction with stakeholder theory and a responsibility ethic. The application of stakeholder theory is a means for identifying affected constituencies. A responsibility ethic recognizes the situatedness of an individual within an ongoing professional community. Structuration theory provides a theoretical framework for articulating and investigating both the structures within which action is carried out as well as the interaction between the social structures and the actors. Taken together, the theories allow for an enhanced ability to define ethical behavior within a business context and to understand the contextual antecedents and consequences of ethical acts.     

On the definition of Transnational Corporations in a UN Code of Conduct

The UN Commission on Transnational Corporations which was appointed by ECOSOC will have its next meeting in May. An Intergovernmental Working Group will have held ten sessions by then and present a draft Code of Conduct dealing with transnational corporations. (For a review of the state of preparations for this Code see the article by Hartmut Scheele in INTERECONOMICS No. 6/1979). The Commission itself and the Working Group have dealt more than once with the question to which enterprises the future Code is to apply but they have so far been unable to reach agreement. The difficulties are examined in the following article.     

《法国商法典》2000年修订的差异化特征及其再发展述评

与1807年《法国商法典》相比,2000年《法国商法典》立足法国商事活动的发展变化而不断丰富实践,充分汲取两百余年的实践经验,已经形成一套体例完备、原则清晰、运作规范的法律体系,成为欧洲民商立法的典范。立法者在该法的概念界定、适应场域等方面几经思考沉淀,在立法原则方面,该部法典也是历经商主体主义到商行为主义再到折中主义的不断演进。但是由于时代更迭的现实需要,20年来,《法国商法典》的再发展与最新修订与时俱进、效果明显。本文尝试通过对比1807年和2000年《法国商法典》,评述2000年《法国商法典》的特点,并对2000年以来的再发展特征加以描述性解释,介绍其最新成果,以期为中国民商事立法提供有益的“法国经验”。     

Ethics and the Auditing Culture: Rethinking the Foundation of Accounting and Auditing

Although the foundation of financial accounting and auditing has traditionally been based upon a rule-based framework, the concept of a principle-based approach has been periodically advocated since being incorporated into the AICPA Code of Conduct in 1989. Recent high profile events indicate that the accountants and auditors involved have followed rule-based ethical perspectives and have failed to protect investors and stakeholders – resulting in a wave of scandals and charges of unethical conduct. In this paper we describe how the rule-based traditions of auditing became a convenient vehicle that perpetuated the unethical conduct of firms such as Enron and Arthur Andersen. We present a model of ten ethical perspectives and briefly describe how these ten ethical perspectives impact rule-based and principle-based ethical conduct for accountants and auditors. We conclude by identifying six specific suggestions that the accounting and auditing profession should consider to restore public trust and to improve the ethical conduct of accountants and auditors.     

Public relations,professionalism, and the public interest

The public interest statement contained in the PRSA Code of Professional Standards is unduly vague and provides neither a working definition of public interest nor any guidance for the performance of what most professions consider to be a primary value. This paper addresses the question of what might constitute public relations service in the public interest, and calls for more stringent guidelines to be developed whereby the profession may advance its service goals more clearly.Thomas H. Bivins, is an Associate Professor in the School of Journalism at the University of Oregon where he teaches public relations and mass media ethics. He received his Ph.D. in 1982 in telecommunication and taught for three years at the University of Delaware before returning to the U of O. Bivins received a B.A. in English and an M.F.A. in creative writing and has nearly twenty years of professional media experience, including work in radio, television, advertising, public relations and editorial cartooning.     

Professional conduct and professional misconduct: A framework and its application to the accounting profession

Recently there has been increased attention paid to the behaviour of those who call themselves professionals. The idea of acceptable professional conduct incorporates the expectations of a number of groups affected by the activities of professionals. The framework of professional behaviour considered acceptable at a point in time is an equilibrium among these groups' expectations. This paper argues that shifts in the expectations of any of these groups will disturb this equilibrium. This process of disequilibrium and change leads to altered views of professional behaviour. Professional misconduct or unprofessional behaviour, that is, the failure to meet expectations, is inherent in the underlying framework of a profession.The framework is applied to the public (chartered) accounting profession, where the interacting groups are accounting professionals, their clients and the general public. Current issues of debate about professional behaviour are identifiable as consequences of altered expectations about acceptable behaviour. Acceptable conduct has become misconduct (and vice versa) and written rules of conduct conflict with unwritten rules.The paper concludes with two interrelated issues for further research. A new equilibrium is considered; and permanent change in the framework of the professions, the groups in the professional structure and the mechanisms of their interaction, is addressed.Ann Neale is a lecturer at The University of Auckland. Her research interests include the accounting profession, gender issues in accounting, in particular the position of women in the accounting profession, and professional ethics.     

Influencing Ethical Development: Exposing Students to the AICPA Code of Conduct

Although the AICPA Code of Professional Conduct emphasizes the importance of education in ethics, very little is known about how and when the Code and the topic of ethics can be presented to enhance the effectiveness of ethics-oriented education. The purpose of this research was to provide preliminary evidence about the ethical development of students prior to, and immediately following, such courses. We found that: (1) accounting students, after taking an auditing course which emphasized the AICPA Code, reasoned at higher levels than students who had not taken the course; (2) there were no differences in moral reasoning levels when accounting and non-accounting majors were compared prior to an auditing course; and (3) there was a significant relationship between the Seniors' levels of ethical development and the choice of an ethical versus unethical action. It was concluded that an auditing course emphasizing the 'spirit' of the Code can have a positive impact on the ethical behaviour of some of the future members of the accounting profession.     

Social and environmental accounting: A practical demonstration of ethical concern?

The accounting profession has regarded itself as ethical ever since the first modern professional accounting body was founded in the second half of the 19th Century. However, the code by which members have bound themselves have been professional ethics codes, which are more concerned with the relationship between professional and professional, or professional and client, than that of the professional and society as a whole. Recently, a number of educational programmes have been developed which attempt to go beyond the limited view of professional ethics, and into the field of ethics and professionalism. These programmes are based on an application of the work of Kohlberg and that of Rest. In the opinion of the author these aspects of ethics and professionalism are important developments, which need to be followed up by the development of social accounting, which would be a practical demonstration of ethical concerns by members of the accounting profession. This aspect of business ethics is outlined in the chapter.Professor M. R. Mathews is Professor of Accountancy and Associate Dean in the Faculty of Business Studies, Massey University, New Zealand. Professor Mathews has academic qualifications in accountancy, economics and education and is a Fellow of the Centre for Social and Environmental Accounting Research at the University of Dundee, Scotland.     

The Impact of Cultural Differences on the Convergence of International Accounting Codes of Ethics

The International Federation of Accountants (IFAC) has issued a revised “Code of Ethics for Professional Accountants” (IFAC Code). The IFAC Code is intended to be a model code of ethics for national accounting organizations throughout the world. Prior research demonstrates that approximately 50% of IFAC member organizations have adopted the IFAC Code as their organizational code of conduct. There is therefore empirical evidence that international convergence of accounting ethical standards is occurring. We employ Hofstede’s (2008, http://www.geert-hofstede.com/hofstede_dimensions.php) cultural dimensions in an attempt to empirically explain accounting organizations’ decisions about whether to adopt the IFAC Code or to retain their organization-specific code. Our results indicate that accounting organizations in cultures with high levels of Individualism and Uncertainty Avoidance are less likely to adopt the model IFAC Code. Organizations in high Individualism and Uncertainty Avoidance societies are therefore less likely to surrender the setting of ethical standards to an outside, international organization.     

A Circle of Influence: Are All the Stakeholders Included?

Traditionally, certified public accountants (CPAs) have served a unique role in the world of commerce and the profession of accounting. They perform an attest function and thereby serve as the chief providers of relevant, high quality accounting information to the decision making public. CPAs are licensed practitioners, who as expert independent accountants express opinions about an entity'sfinancial statements. Their license provides them with the exclusive right to perform this attest function. This monoploy relies on the concept of independence that is the normative standard of accountancy. It is this perceived independence of auditors which provides credibility, reliability and trust in the financial accounting information upon which stakeholders depend to make informed decisions. Now, however, we see the environment in which CPAs operate undergoing rapid change. Both the globalization of business operations and technological advances have radically changed how and where accountants work and the speed at which things happen. The very nature of accounting information services is evolving; moving from a concentration on audits to an increasing reliance on consulting and assurance services. New ethical issues have been raised by this confluence of changes in the accounting environment. Noteworthy is that the application of the principle of independence by CPAs has been called into question by no other than the SEC. Are those stakeholders who depend upon the independence of CPAs at risk? The influence of insiders has significantly increased as accounting firms perform multiple tasks for the same clients. This paper discusses the different groups who can potentially impair the independence of auditors and the steps that are being taken to enhance the "independence" of the auditors.     

The Consequences of Globalisation: India's Software Industry and Cross‐border Labour Mobility1

The Indian software industry is a prime example of globalisation. The industry has been characterised by large cross‐border mobility of its skilled labour force. Using a unique survey of Indian software firms, our paper quantifies the extent and impact of mobility on firm behaviour and performance. Cross‐border labour mobility in the paper refers to both temporary and permanent labour flows by Indian software professionals. The picture that emerges is of a highly mobile world in which temporary mobility has been an important characteristic of the industry. A significant number of workers have work experience abroad in a developed country. Moreover, the share of skilled workers with such experience has been positively associated with the incidence of skilled migration from the firm. This suggests network effects are at work. In terms of the impact on performance – as measured by the change in turnover per worker and the change in the employment size of the firm – the paper finds little evidence of a robust adverse effect. Further, the evidence suggests that there have been important external effects at work, as through changes in the willingness of workers to acquire skills, as well as through increased provision of educational services. These have further abated the risk of a brain drain. However, the software industry may be rather different from other industries. Our results need to be interpreted as the outcome of a particular case of skilled migration and not one necessarily representative of all types of skilled migration and source sectors.     

Possible ethical issues and their impact on the firm: Perceptions held by public accountants

The accounting profession is concerned with the ethical beliefs of its members. To this end, the authors surveyed public accountants, questioning them about the AICPA's Code of Professional Conduct and their perceptions of how potentially unethical behaviors impact the firm. The paper focuses on respondents' perceptions of the impact on the firm's practice, image and degree of concern.Public accountants appear to agree with the AICPA's Code of Professional Ethics. Their mean responses indicate they believe the Code components are important and extremely important. Some Code components were significantly more important than others, especially demonstrating professionalism and maintaining independence while performing independent audits. Gender, role and organizational level all had significant effects on the importance of the Code. Males, non-auditors and upper management all expressed stronger beliefs in the importance of the overall Code and its components.Significant differences exist in respondents' perceptions of how twelve potential ethical dilemmas impact the firm. Statistically significant differences were found in the way these behaviors harm the firm's business. Similarly, statistically significant differences exist in the degree that the firm's image is tarnished if its members engage in these behaviors and in the extent of the firm's concern about the implications of these behaviors.Not only do the various behaviors impact the firm differently, but the materiality of the behavior or the direction of the behavior result in significant differences in the extent the firm is impacted. Settling technical issues in the client's favor in response to client pressure, failing to correct known omissions and failing to correct known errors had greater impact on the firm when the technical issues, omissions and errors were material than when they were immaterial. Accountants perceived that giving unfair performance appraisals marred the firm's business more than receiving unfair performance appraisals did. Over reporting expenses on expense sheets had larger effects on the firm's business, image and level of concern. Over reporting hours had a stronger impact on the firm's image and level of concern, but under reporting hours had more of an impact on the firm's ability to transact business.Jeffrey Kantor is a Professor of Accounting at the University of Windsor.Ira Greenberg is the Director of The School of Accounting at the University of Detroit Mercy.Jeanne David is an Assistant Professor at the University of Detroit Mercy.     

Knobe,Side Effects,and the Morally Good Business

The International Federation of Accountants (IFAC) has recently issued a revised “Code of Ethics for Professional Accountants” (IFAC Code). As a requirement for membership in IFAC, a national accounting organization must either adopt the IFAC Code or adopt a code of conduct that is not “less stringent” than the IFAC Code. In this paper, we examine the extent to which 158 national accounting organizations have adopted the revised IFAC Code as their own. Our results indicate that 80 of our sample organizations have adopted the IFAC Code (sometimes with minor modifications), while the remaining 78 opted not to utilize the model IFAC Code. We then test the hypothesis that national accounting organizations in lower income economies would be less likely to adopt the IFAC Code than those in high income economies. Our results do not support the hypothesis. We argue that one potential reason for such a finding is that adopting the IFAC Code may be a cost effective means of adopting a code of ethics for organizations in lower income economies.     

Independence,Conflict of Interest and the Actuarial Profession

The actuarial profession has a long history of providing critical expertise to society. The services delivered are some of the most complex and mysterious to outsiders of all professions but little has been written about the professional responsibilities of actuaries in the academic literature beyond that of the profession itself. This paper makes the case that the issues surrounding professional independence of actuaries are, in principle, similar to those that faced the audit profession before the scandals and resultant regulatory changes early this century. It is argued that, despite the position taken by the actuarial profession and management, the status quo raises genuine concerns about conflicts of interest and independence and that the risks that arise are of sufficient magnitude that they should at least be the subject of a full debate.     

A critical examination of the AICPA Code of Professional Conduct

The American Institute of Certified Public Accountants (AICPA) is responsible for the Code of Professional Conduct that governs the actions of CPAs. In 1988, the Code was revised by the AICPA, but a number of issues still remain unresolved or confounded by the new Code. These issues are examined in light of the profession's stated commitment to the public good, a commitment that is discussed at length in the new Code.Specifically, this paper reviews the following issues: (1) client confidentiality and whistleblowing, (2) limited liability, and (3) auditor independence. We argue that, in each of these areas, the AICPA promotes a position that is potentially harmful to the public good.Allison Collins is an Assistant Professor in the Department of Accounting and Taxation at Colorado State University. She has been a Certified Public Accountant since 1982. She has published previously inJournal of Business Ethics.Normal Schutz is an Associate Professor in the Department of Accounting and Taxation at Colorado State University. He has published in such journals asJournal of Business Ethics, EDP Auditor Journal andInternal Auditor.     

Truth or Consequences: A Study of Critical Issues and Decision Making in Accounting

This study applies a theoretical framework, the theory of reasoned action, to the examination of unethical decision making in job-related situations encountered by CPAs. A survey methodology was employed in which respondents were asked to use both self-reported and randomized response techniques for reporting unethical behavior. The results indicate that individuals are unwilling to accurately report either unethical behavior or intention, particularly in situations where there is no question as to the unacceptability of the action or the potential penalty as presented in the AICPA Code of Professional Conduct. Implications for the accounting profession and research are discussed.     

An Analysis of International Accounting Codes of Conduct

The International Federation of Accountants (IFAC) has recently issued a revised “Code of Ethics for Professional Accountants” (IFAC Code). As a requirement for membership in IFAC, a national accounting organization must either adopt the IFAC Code or adopt a code of conduct that is not “less stringent” than the IFAC Code. In this paper, we examine the extent to which 158 national accounting organizations have adopted the revised IFAC Code as their own. Our results indicate that 80 of our sample organizations have adopted the IFAC Code (sometimes with minor modifications), while the remaining 78 opted not to utilize the model IFAC Code. We then test the hypothesis that national accounting organizations in lower income economies would be less likely to adopt the IFAC Code than those in high income economies. Our results do not support the hypothesis. We argue that one potential reason for such a finding is that adopting the IFAC Code may be a cost effective means of adopting a code of ethics for organizations in lower income economies.     

Ethical reasoning and privileged information: Resolving moral conflict

Rule 301 in the Code of Professional Conduct — Confidential Client Information — has traditionally been strictly interpreted. In some instances this has placed CPAs in a situation where their own personal moral standards are in conflict with the Code of Professional Conduct. Moral reasoning is suggested as a means of resolving this conflict. The process of moral reasoning is illustrated by contrasting Act Utilitarianism with Rule Utilitarianism. The actual resolution of a moral conflict may result in a CPA violating the Code of Professional Conduct as it is presently being interpreted.