Ethical codes of conduct: Deficient in guidance for the Canadian accounting profession

Current trends toward increased pace, more complex substance and lower tolerance of error have caused the financial marketplace to rely more heavily on the integrity of financial data and, therefore, of those who prepare the financial statements. At the same time, these trends place higher challenges before professional accountants and it is essential that they have excellent ethical guidance to live up to modern expectations. However, in view of the current codes of conduct, an accountant may not have a clear understanding of what priority of interests to satisfy, who can be consulted for advice, to whom to report misdeeds, what protection is offered a right-doer and what sanction will be forthcoming for doing wrong. Possible solutions are offered to these problems in ways that ought to strengthen the accounting profession and prevent unscrupulous companies from taking advantage of both members of the profession and the unsuspecting public. To provide the appropriate quality of service to society in the future, the Canadian accounting profession should offer its members the improved guidance and enhanced mechanisms for confidential consultation, assistance and protection outlined herein. Leonard J. Brooks is a Professor of Accounting at the Faculty of Management of the University of Toronto. He is the author of Canadian Corporate Social Performance, published by the Society of Management Accountants of Canada (1986); editor of the Corporate Ethics Monitor, and Vice-Chairman of the Canadian Centre for Ethics and Corporate Policy.     

Ethical decision–making in business: focus on Mauritius

This paper explores management attitudes towards ethical issues in an attempt to shed some light on the determinants of ethical issue intensity in the context of business. A sample of business executives in Mauritius was surveyed in order to establish their ethical perceptions when exposed to potentially questionable business practices. The findings demonstrated the significant influence of factors associated with moral deliberations on strategies for ethical decision–making as compared with the impact of company policy and legal requirements. Participants revealed that, irrespective of codes of conduct, personal ethics predominate when it comes to making ethical choices. Some view the behaviour of management as a key determinant of ethical conduct. This trend differs from predictions in the literature. To date, research conducted in the developed world shows that employee perception of ethics of their superiors is a stronger predictor of behaviour than employees' personal ethical beliefs. This article focuses on Mauritius as an emerging economy, and looks at potential strategies for ethical decision–making, where business people do not necessarily operate under a specific code of conduct.     

The role of existentialism in ethical business decision‐making

This paper presents an integrated model of ethical decision‐making in business that incorporates teleological, deontological and existential theory. Existentialism has been curiously overlooked by many scholars in the field despite the fact that it is so fundamentally a theory of choice. We argue that it is possible to seek good organisational ends (teleology), through the use of right means (deontology), and enable the decision‐maker to do so authentically (existentialism). More specifically, we provide a framework that will enable the decision‐maker to integrate the various ethical schools of thought available to them and to apply this framework in the ethical decision‐making process. The model presented makes explicit the existential position of choice and takes into account other contextual moderating factors. Negative Option Marketing is used as a running application to illustrate the role of existentialism in the decision‐making process.     

Decoding codes: The dialogue between consumers and suppliers through codes of conduct in the European Community

The second Consumer Action Programme of the European Community (1981) has introduced the idea of a dialogue between producers and consumers, leading to voluntary agreements or codes of conduct. Today, several types of codes exist within the area of the European Community. They differ in their geographic origin, their adoption procedure and their modus operandi. Many codes are good examples of a new type of rule-making in European consumer affairs, namely sponsored regulation. In between the public and the private normative order, a grey area of paralegal norms is existing and developing steadily. The EC authorities often prefer to provide the conditions for rule-making by private parties instead of producing norms themselves. In those cases, codes of conduct may replace the law, substitute it, or add to it. Codes of conduct are not the only possible output of the dialogue between producers and consumers, nor are they the only example of sponsored regulation. Others are model contracts, complaint boards, and standardization institutes.

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Der Dialog zwischen Verbrauchern und Anbietern mit Hilfe von Verhaltenskodices in der Europäischen Gemeinschaft

Zusammenfassung Das zweite Verbraucheraktionsprogramm der Europäischen Gemeinschaft aus dem Jahr 1981 führt die Idee eines Dialoges zwischen Produzenten und Konsumenten ein. Dieser Dialog soll zu freiwilligen Vereinbargungen über Verhaltensrichtlinien führen. Der Beitrag gibt zunächst einen Überblick über die recht unterschiedlichen Formen solcher Kodices im Bereich der Europäischen Gemeinschaft. Unter geographischem Gesichtspunkt werden nationale, internationale und übernationale Kodices unterschieden, unter dem Gesichtspunkt des Vereinbarungsverfahrens unilaterale, bilaterale und trilaterale Kodices, und schließlich unter dem des modus operandi ursprüngliche, gemeinschaftliche und administrierte Kodices.Zahlreiche Kodizes sind ein Beispiel für einen neuen Typ von Regulierung im Bereich europäischer Verbraucherangelegenheiten, nämlich geförderte Regulierung. Diese Form der Regulierung entwickelt sich zwischen den klassischen Formen, nämlich dem staatlich geschaffenen Recht einerseits und der privat geschaffenen Selbstregulierung andererseits. Dazwischen wächst eine Grauzone mit rechtsähnlichen Regelungen. Statt selbst Normen zu schaffen, regen die EC-Behörden die beteiligten Parteien verstärkt an, sich ihre Normen zu schaffen, indem sie ihnen die formellen und inhaltlichen Bedingungen dafür zur Verfügung stellen. Kodices sind ein Beispiel für solche geförderte Regulierung, aber nicht das einzige. Die Beziehung zwischen Kodices und Gesetzgebung ist oft komplex. Kodices können rechtliche Vorschriften ersetzen (aktive Deregulierung), anstelle von Gesetzgebung treten (vorbeugende Regulierung) oder zur Gesetzgebung hinzutreten.Schließlich sind Verhaltenskodices nicht das einzige Ergebnis des Dialoges zwischen Produzenten und Konsumenten. Andere sind Musterverträge, die von den beteiligten Seiten ausgehandelt werden, ferner Beschwerdestellen zur Behandlung von Verbruaucherbeschwerden, sowie Standardisierungseinrichtungen, die seit der neuen Politik der Kommission neue Bedeutung gewinnen.

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Luc Huyse is Professor of Sociology of Law at the Faculty of Law, Katholieke Universiteit Leuven, Law and Society Institute, Hooverplein 10, B-3000 Leuven, Belgium. Stephan Parmentier is a Research Assistant at the Law and Society Institute. The Research was supported by grant OT/88/2 from the Research Fund of the Katholieke Universiteit Leuven.     

Comparison of codes of conduct for multinational corporations

The conflict between increasing technical and economic integration and a resistance to political integration has led to tension between multinational enterprises (MNEs) and nation states. One result has been a growth in pressures to regulate MNEs, often through codes of conduct. This article compares five codes of conduct prepared by groups ranging from the OECD to the non-aligned countries.While substantial areas of agreement are found, important disagreements over the objectives and provisions of a code of conduct do emerge on a North-South or rich-poor axis. The most important disagreements involve resolution of investor-host government disutes and questions of national treatment of investors.Although the major disagreements between rich and poor countries will be difficult to resolve, the article posits that the process of code development per se is valuable as a means of facilitating the transmutation of symbolic into concrete differences. The development of a reasonably explicit code for regulation of MNEs requires that the parties concentrate on relatively narrow issues areas and permissible behavior rather than symbolism and ideology. While important, and perhaps even interactable problems remain, it is suggested that the process of code development is important, as the relatively concrete differences that result are at least potentially subject to resolution through rational negotiation. Symbolic differences obviously are not.The article also suggests a minimal scope of issue areas to be covered if a code is to be an effective instrument.     

Self-regulating industry behavior: Antitrust limitations and trade association codes of conduct

Self-regulation exists at the firm-level, the industry-level, and the business-level of economic organization. Industry self-regulation has faced economic (free rider) and legal (antitrust) impediments to widespread implementation, although there exist examples of effective industry self-regulation, e.g., securities industry and the SEC, advertising and the FTC. By instituting industry codes of conduct, national trade associations have shown to be natural vehicles for self-regulation. While there has been long-standing general encouragement for establishing industry codes, adopting and enforcing conduct codes has been seriously circumscribed by restrictive Supreme Court decisions and FTC advisory opinions. One approach to clearing legal confusion is to petition the FTC to issue an industry guide on promulgating and enforcing trade association codes of conduct. Another strategy is to utilize a stakeholder approach to association ethics committee appointments that subsequently influence code creation and enforcement. Finally, a new concept of an industry code of conduct will consist of three subcodes: an economic code; an environmental code; and a socio-political code. Combined, these strategic approaches will offer new opportunities for effective nonmarket regulation.Thomas A. Hemphill is affiliated with the Institute of Scrap Recycling Institute, Inc., Washington, D.C. His most recent publications are found inBusiness and Society Review (Fall 1990), A Solid Program for Solid Waste and (Summer 1991), Marketer's New Motto: It's Keen to be Green.     

Ethical implications of business format franchising

Franchising in the business format sector accounted for approximately 35 percent of retail sales in the U.S. in 1991. Consequently, the franchising industry has a clear ethical responsibility to the public. At the same time, there exists an ethical obligation of the two major factors in the industry — the franchisor and the franchise — toward each other. Because the franchise agreement, which is the basis of the relationship, is originated by the franchisor, an asymmetrical distribution of power often exists, resulting in opportunistic behavior by the franchisor. In other cases, questionable or unethical practices by franchisees likewise result in conflict. This paper examines some of the basic areas of the franchise relationship which result in conflict, and discusses the situation analysis in business format franchising, which shows promise for reduction of conflict and unethical behavior for the future.Gordon Storholm is Associate Professor of Marketing at St. John's University, New York, N.Y. He is an active member of the Society of Franchising and has published several articles in the franchising field. He has contributed to this Journal and has several years' experience as a consultant in the Franchising and Marketing fields.Eberhard E. Scheuing is Professor of Marketing at St. John's University, New York, N.Y. He is Director of the Business Research Institute and has published several books and articles in the marketing field. He is widely recognized as a leading authority in the field of ethics in service quality.     

The internal significance of codes of conduct in retail companies

This paper focuses on the significance of codes of conduct (CoCs) in the internal work context of two retail companies. A stepwise approach is used. First, the paper identifies in what way employees use and refer to CoCs internally. Second, the function and relevance of CoCs inside the two companies are identified. Third, the paper explains why CoCs tend to function in the identified ways. In both cases, the CoCs are clearly decoupled in the sense that they do not concern the immediate work context of the employees. Counter‐intuitively, this facilitates the process of establishing the CoCs. Even though the CoCs are not directly relevant for the employees, they are accepted and embraced with regard to contents, focus and function. Above all, the CoCs seem to confirm and even strengthen employee identity. On the basis of these observations, it is suggested that CoCs should not only be valued in light of their direct organisational consequences or lack of such consequences. The issue is not just whether CoCs are decoupled or not. Rather, it is argued that researchers should consider more closely a two‐level analysis that takes into account not only the concrete application of CoCs but also their function and meaning. An implication of this is that what might appear as a decoupled code cannot be dismissed as irrelevant to the ‘core’ business processes of the organisation.     

Ethical decision-making in business: Behavioral issues and concerns

This article examines selected behavioral aspects of ethical decision making within a business context. Three categories of antecedents to ethical decision behaviors (individual differences, interpersonal variables, and organizational variables) are examined and propositions are offered. Moral development theory and expectancy theory are then explored as possible bases for a theory of ethical decision making. Finally, means of improving ethical decision making in firms are explored.Stephen B. Knouse is Professor of management at the University of Southwestern Louisiana. His research interests are in behavioral aspects of business ethics, employment selection, and impression management in organizations. His work has appeared in a number of journals includingJournal of Business Ethics, Personnel Psychology, andPersonnel.Robert A. Giacalone is Associate Professor of Management Systems at the E. Claiborne Robins School of Business, University of Richmond. His work has appeared inHuman Relations, Business and Society Review, Journal of Business Ethics, Group and Organization Studies, Journal of Social Psychology, as well as in a variety of other journals and books.     

Ethical theory in business ethics: A critical assessment

How is ethical theory used in contemporary teaching in business ethics? To answer this question, we undertook a survey of twenty-five of the leading business ethics texts. Our purpose was to examine the ways in which normative moral theory is introduced and applied to cases and issues. We focused especially on the authors' views of the conflicts and tensions posed by basic theoretical debates. How can these theories be made useful if fundamental tensions are acknowledged? Our analysis resulted in a typology, presented here, of the ways in which normative theory, and the difficulties within it, are handled in business ethics texts. We conclude that there is a serious lack of clarity about how to apply the theories to cases and a persistent unwillingness to grapple with tensions between theories of ethical reasoning. These deficiencies hamper teaching and ethical decision-making.     

Ethical behavior in business: A hierarchical approach from the talmud

The Talmud, the compilation of Jewish oral law, is over 1500 years old and includes extensive discussions of business ethics. This paper presents four levels of ethical behavior in business gleaned from the words of the Talmud. At the lowest level, an individual is just barely inside the law; the highest level is the way of the pious. The author has attempted to relate the ethics in ancient business situations to business practices today. Hershey H. Friedman is Professor of Marketing at Fordham University. In 1983 he received the Community Appreciation Award. Most of his publications have appeared in Journal of Advertising Research, Journal of Marketing and Public Policy, Journal of Applied Psychology, Decision Sciences, Akron Business and Economic Review, Journal of Statistical Computation and Simulation, Journal of Communication, and the Journal of Social Psychology.     

Islam and socially responsible business conduct: an empirical study of Dutch entrepreneurs

This paper explores the relationship between the Islamic religion and the level of socially responsible business conduct (SRBC) of Islamic entrepreneurs. The authors find that the common ideas of SRBC correspond with the view of business in Islam, although there are also some notable differences. They also find that Muslim entrepreneurs attach a higher weight to specific elements of SRBC than do non-Muslims. However, they also find that Muslims are less involved with applying SRBC in practice than non-Muslim managers.     

Ethical reasoning in business‐to‐business negotiations: evidence from relationships in the chemical industry in Germany

This article explores managers’ ethical reasoning for behaviors in price negotiations using evidence from 15 in‐depth interviews conducted with sales and purchasing representatives in the chemical industry in Germany. Applying transaction cost economics, we find that negotiators in commoditized market‐like exchanges either refer to deontological norms such as not to lie, or they neglect a role for ethics, arguing that distributive negotiation is per se opportunistic. In contrast, exchanges of products with higher asset specificity lead to stronger informational integration which is supported with teleological justifications. Some negotiators use teleological justification to build business on trust rather than on economic safeguards as their firm norms would require. For negotiators, our results suggest considering institutional context and adjusting ethical reasoning to the negotiation situation. Firms need to recognize and find ways to address the potential conflicts of their internal norms with their frontline managers’ attempts to act in the firms’ best economic and ethical interests.     

Ethical perceptions of Hong Kong Chinese business managers

This paper investigates ethical perceptions among Hong Kong Chinese managers of themselves and peers according to age, location of education and employment (local vs. multinational), based upon responses to thirteen potentially unethical situations.The major conclusions of the study are: (1) there is little consistency among perceptions of ethical situations; (2) Hong Kong managers perceive their peers as more unethical than themselves; (3) ethical perceptions in some situations are affected by age and to a lesser extent, place of education; and (4) significant interactions were found between age and the nature of employer, as well as between the place of education and the nature of employer.To conclude, the management implications of these findings are discussed.Miss McDonald has for the past five years been Assistant Professor of Marketing and Human Resource Management on the South East Asian postgraduate business programmes of the University of East Asia, Macau. Her commercial experience is in the fields of Advertising, Personnel Consultancy, and Industrial Relations.Dr. Zepp teaches Statistics and Operations Research at the University of East Asia. He was a lecturer at the Ohio State University (USA), where he received his doctorate. He spent 8 years in Africa, teaching at the University of Maiduguri (Nigeria), and the National University of Lesotho. He was an American Fulbright Professor at the Universite d'Abidjan (Ivory Coast), and a statistical consultant to the government of Haiti.     

Ethical aspects of an urban catastrophe

As a consequence of the collapse of a building in Barcelona, in December 1990, it was discovered that a large number of dwellings, mainly in Barcelona but also in other towns of Catalonia, were affected by a structural defect known as aluminosis, consisting of a deterioration of the reinforced concrete manufactured using aluminous cement, which considerably reduced its strength and that of the steel embedded in the concrete. This brought to light a series of economic, social, political and also moral problems, such as the use of the aluminous cement itself — a quality product but which requires careful handling —, the lack of regulation concerning the product and its use in construction, the poor state of repair of the buildings affected, the careless manner in which they had been built, the lag in technical knowledge, the financial situation of the people affected by the aluminosis, etc.This document provides a full account of the events and their historical, technical, economic and legal background, paying particular attention to the ethical problems created by the situation.Antonio Argandoña is Professor at IESE, the International Graduate School of Management of the University of Navarra in Barcelona (Spain), where he teaches Economics and Business Ethics. He is a member of the Executive Committee of EBEN (European Business Ethics Network), and of the Organizing Committees of the Second (Barcelona, 1989) and Sixth (Oslo, 1993) European Conferences on Business Ethics. He is also co-editor ofPeople in Corporations: Ethical Responsibilities and Corporate Effectiveness (Kluwer, 1990) and author of many articles on business and economics ethics. This article was presented to the Fifth European Conference on Business Ethics (Paris, October 1992).     

Cross-cultural business ethics: Ethical beliefs difference between blacks and whites

This study investigates the differences in ethical beliefs between blacks and whites in the United States. Two hundred and thirty four white students and two hundred and fifty five black students were presented with two scenarios and given the Reidenbach-Robin instrument measuring their ethical reactions to the scenarios.Contrary to previous research, the results indicate that the two groups, which belong to different subcultures, have similar ethical beliefs.John Tsalikis, Ph.D., is Assistant Professor of Marketing at Virginia State University. His doctorate is from the University of Mississippi. His research interests include international marketing and causal modeling.Osita Nwachukwu, Ph.D., received his doctorate from the University of Mississippi. Currently he is Assistant Professor of Management at Western Illinois University. His interests include organizational behavior and international business ethics.