Bribery and implicit agreements: A reply to Philips

The author has elsewhere defended the view that accepting a bribe involves the violation of an implicit or explicit promise or understanding associated with an office or position that one occupies and that therefore it is prima facie wrong to accept a bribe. Michael Philips has criticized this position in a recent paper. He argues that (a) there are cases in which accepting a bribe violates no promises or agreements, and (b) there are cases in which there is no prima facie duty to refuse an offer of a bribe. The author offers replies to both of these objections.Thomas L. Carson is Associate Professor of Philosophy at Loyola University in Chicago. He was awarded the NEH Fellowship for College Teachers. He is the author of The Status of Morality (D. Reidel, Philosophical Studies Series, 1984), and he has written numerous articles concerning both ethical theory and applied ethics.     

Business Approaches to Combating Bribery: A Study of Codes of Conduct

The question of what firms do internally in the fight against bribery is probably as important to the successful outcome of that fight as formal anti-bribery law and enforcement. This paper looks at corporate approaches to anti-bribery commitment and compliance management using an inventory of 246 codes of conduct. It suggests that, while bribery is often mentioned in the codes of conduct, there is considerable diversity in the language and concepts adopted in anti-bribery commitments. This diversity is a feature of the language used in describing parties to bribery and in defining which activities are prohibited (e.g. promising bribes versus actually giving them, gifts and entertainment, and solicitation. This diversity of language and concepts suggests that it might be useful to extend and deepen efforts in business associations and international organisations to build consensus on the meaning of bribery and corruption. In contrast, the bribery codes show evidence of an emerging consensus on managerial approaches to combating bribery. This involves the deployment of a distinctive mix of management tools, including financial record keeping, statements by executive officers, internal monitoring, whistle-blowing facilities, creation of compliance offices and threats of disciplinary action.     

Bribery in international markets: Diagnosis,clarification and remedy

This essay ranges widely, using selected ideas from microeconomics, ethics, and elementary game theory in an effort to gain some understanding of the controversial issue of bribery in international markets. Its goal is partial charification of the issue and increased awareness of alternative remedy strategies. Harold L. Johnson is Professor of Economics at the Emory University. Previously he worked at the Georgia State University. His most important publications are Disclosure of Corporate Social Performance, Praeger Publishers, New York, 1979 and Business in Contemporary Society: Framework and Issues, Wadsworth, New York, 1971. He wrote several articles which appeared in Harvard Business Review, Southern Economic Journal, Journal of Business, Behavioral Science and other journals.     

Bribery and extortion in international business: Ethical perceptions of Greeks compared to Americans

This study investigates the differences in he way bribery and extortion is perceived by two different cultures — American and Greek. Two hundred and forty American business students and two hundred and four Greek business students were presented with three scenarios describing a businessman offering a bribe to a government official and three scenarios describing a businessman being forced to pay a bribe to an official in order to do business. The Reidenbach-Robin instrument was used to measure the ethical reactions of the two samples to these scenarios. Results indicate that ethical reactions to bribery and extortion vary by (a) the nationality of the person offering the bribe, and (b) the country where the bribe is offered. In addition, Greeks perceived some of the scenarios as being less unethical than did Americans.John Tsalikis is an Associate Professor of Marketing at Florida International University. His research interests include marketing ethics, international marketing, and direct marketing. His articles have appeared in theJournal of the Academy of Marketing Science, Journal of Business Ethics, Psychology and Marketing, and theJournal of International Consumer Marketing.Michael S. LaTour is an Associate Professor of Marketing at Auburn University. His research interests include marketing ethics, and emotional responses to advertising. His articles have appeared in theJournal of Business Ethics, Psychology and Marketing, Journal of Health Care Marketing, and theJournal of Advertising.The authors contributed equally to this article.     

Factors Influencing the Incidence of Bribery Payouts by Firms: A Cross-Country Analysis

This article explores micro- and macro-level variables that influence the incidence of bribery payouts by firms. A rich data set with information from 55 countries was utilized to achieve this objective. Results of logit regression models indicate that there are a number of micro- and macro-level factors that significantly affect the incidence of bribery payouts. This suggests that it is not only the characteristics of a firm but also the environment of doing business that affect the firm’s bribery decision. The results of this study provides information that may help firms develop strategies to reduce corruption in their respective industries and thereby improve their image of corporate social responsibility. The analysis also points to possible policy directions that governments could undertake in order to reduce the incidence of bribery in their country.      

Bribery and Corruption: the OECD Convention on Combating the Bribery of Foreign Public Officials in International Business Transactions

This article discusses the effects of the OECD Convention on Combating the Bribery of Foreign Public Officials, which was signed in 1997 and is due to be implemented by the signatory nation-states this year. The Convention represents the expansion of legal measures to combat the bribery of foreign public officials by individuals or corporations, and it has been accompanied by the Organisation of American States' Convention Against Corruption. Previously the Foreign Corrupt Practices Act (FCPA), which applied only to United States individuals or corporations, 'stood alone in the world as a legal barrier to transnational bribery' (Low, Bjorklund and Atkinson 1998:245). This article proceeds in stages to evaluate implications of the Convention. Firstly the Convention is placed in the context of the increased focus on transnational business bribery in recent years. Second, the main points of the Convention are outlined. Third, the issues and problems posed by the Convention for business are discussed. Finally some themes regarding enforcement by the relevant authorities are outlined.     

A Four-Country Study of the Associations Between Bribery and Unethical Actions

The purpose of this research is to extend prior research testing the premise that small deviations from ethical behavior lead to even larger deviations from ethical behavior. This study examines the association between a person’s willingness to bribe a police officer to avoid being issued a speeding ticket with their views on inappropriate behavior of corporate executives. Our sample of 528 participants comes from Colombia (90), Ecuador (70), South Africa (131) and the United States (237). As part of our data gathering, we controlled for social desirability response bias in the responses of the students who participated in our study. Our data indicate significant differences between the views of the students from Colombia, Ecuador, and South Africa when compared to the views of the students from the United States. The analysis indicates that, for all four dilemmas, the most significant variable was the belief about how ethical it was to pay a bribe to avoid a traffic ticket. In addition, in three of our four dilemmas, Paulhus’ Impression Management Subscale, which measures social desirability response bias, was the second most significant variable. Finally, in three of the four dilemmas, the students from Colombia, Ecuador and South Africa thought the actions described in the dilemmas were less ethical than the students from the United States.

Global distributive justice and the corporate duty to aid

This article challenges an argument from Tom Donaldson's recent bookThe Ethics of International Business with a claim that distributive justice, deemed in many circles to impose a duty of mutual aid on individuals and nations, establishes a basis for holding multinational corporations to such a duty as well. The root idea I advocate is that Rawls' theory of justice can be deployed — beyond its original intent yet in line with its spirit — to underwrite aprima facie obligation of international business to render aid to ameliorate suffering on behalf of the inhabitants of developing countries in which they operate.Kevin T. Jackson is Assistant Professor of Ethics in the Department of Legal and Ethical Studies at the Graduate School of Business, Fordham University in New York City. He holds a J.D. degree and a Ph.D. degree in Philosophy. Formerly a Legal Aid attorney, Visiting Assistant Professor at Georgetown University, and a business consultant, Dr. Jackson currently teaches courses in business ethics and legal philosophy.     

Government Intervention,Perceived Benefit,and Bribery of Firms in Transitional China

This article examines whether (1) government intervention causes bribery (or corruption) as rent-seeking theory suggested; (2) a firm’s perceived benefit partially mediates the relationship between government intervention and its bribing behavior, as rational choice/behavior theory suggested; and (3) other firms’ bribing behavior moderates the relationship between government intervention and a firm’s perceived benefit. Our study shows that government intervention causes bribery/corruption indeed, but it exerts its effect on bribery/corruption through the firm’s perceived benefit. In other words, a firm’s perceived benefit fully mediates the relationship between government intervention and its bribing behavior. We also find that other firms’ bribery positively moderates the relationship between government intervention and a given firm’s bribery. This study partly proves that firms are rational actors. Potential benefit encourages them to practice bribery. Besides, this research also supports the rent-seeking view of bribery/corruption, which argues that government intervention is a source of bribery/corruption. However, we have also identified that only those government interventions that will create “rent” can cause bribery/corruption.     

Tendency to Infer Bribery and Corrupt Intent in Social and Business Situations: Comparing Chinese and Singaporean Employees

The present paper investigates the differences in ethicalperceptions between Chinese and Singaporean employees. Twocontrasting predictions based on socialization theory are testedusing 142 Chinese and 141 Singaporean employees as subjects. Results show that Chinese employees tend to infer a greaterdegree of unethical (bribery and corrupt) intent than Singaporeanemployees in 17 of the 25 ethical vignettes. The converse isfound in only two and no significant differences are found in therest of the vignettes. Implications for international managersand assignees and researchers in international business workingon or in China are discussed.     

A general duty to supply only safe goods in the community: Some remarks from a British perspective

On 20 April 1989, the Commission issued COM (89) 162, which is a proposal for a Directive designed to establish a Community legal framework to guarantee product safety. Such a regime would have the dual aim of securing free trade while also maintaining effective consumer protection. This paper demonstrates the vital role which would be played by standards in such a framework and explains how Community law can prevent a Member State adopting a purely domestic approach to standards of safety and quality. The paper investigates the extent to which the United Kingdom's statutory general requirement to supply only safe goods, introduced in 1987, constitutes a model for a parallel Community initiative. The paper concludes by emphasising that the twin goals of free trade and consumer protection can only be achieved through a proper resource commitment to effective standards-making.

---

Die generelle Pflicht, in der EG ausschließlich sichere Produkte anzubieten: einige Anmerkungen aus britischer Sicht

Zusammenfassung Am 20. April 1989 veröffentlichte die EG-Kommission die Mitteilung KOM 89/162, bei der es sich um einen Vorschlag für eine Richtlinie handelt, die die gesetzlichen Rahmenbedingungen für Produktsicherheit in der EG garantieren soll und gleichzeitig zwei Ziele verfolgt: zum einen die Gewährleistung von freiem Handelsverkehr, zum anderen die Stärkung des Verbraucherschutzes.Der Beitrag beschreibt die zentrale Rolle, die in diesem Zusammenhang den Standards zukommt, und erläutert, wie EG-Recht einen Mitgliedstaat davon abhalten kann, einen rein nationalen Ansatz zur Etablierung von Sicherheits- und Qualitätsstandards zu verfolgen. Er untersucht ferner das Ausmaß, in welchem die im Jahre 1987 in England eingeführte allgemeine gesetzliche Verpflichtung, nur sichere Güter anzubieten, ein Modell für eine enstprechende EG-Initiative darstellen kann. Der Beitrag stellt abschließend fest, daß das Doppelziel von Freihandel und Verbraucherschutz nur erreicht werden kann, wenn ausreichende Mittel bereitgestellt werden, um wirkungsvolle Standards ausarbeiten zu können.

---

---

Stephen Weatherill is Lecturer in Law at the University of Manchester, Faculty of Law, Oxford Road, Manchester M13 9PL, U.K.     

Patients' rights and informed consent: Swedish experiences

Care and treatment must as far as possible be designed and conducted in consultation with the patient, who must be informed of his state of health and of the treatment methods available. This is what the Swedish Health and Medical Services Act prescribes. This principle is in accordance with modern consumer policy, but for several reasons the patient is not an ideal buyer. Unquestionably, the system is characterized by professional dominance. The professions are supported by a cultural climate where formal complaints are exceptional. A unilateral liability insurance, the No Fault Patient Insurance, covers every patient. It pays standard amounts in the event of mishaps or malpractice without raising any questions as to who is to blame. There are 5,000 complaints per year, and roughly half of these result in payment to the patient. Lack of information about risks in diagnosis or therapy are mentioned in about 10 percent of the complaints.

---

Patientenrechte und informierte Zustimmung: schwedische Erfahrungen

Zusammenfassung Krankenbehandlung und Krankenversorgung muß so weit wie möglich in Abstimmung mit dem Patienten entwickelt und durchgeführt werden, der deshalb über seinen Gesundheitszustand und die verfügbaren Behandlungsmethoden unterrichtet werden muß. Dieses Prinzip findet sich im schwedischen Gesundheitsversorgungsgesetz. Das Prinzip entspricht moderner Verbraucherpolitik, obwohl der Patient aus verschiedenen Gründen ein schlechter Käufer ist. Das Gesundheitssystem wird von der Dominanz der Professionen, insbesondere der Ärzte gekennzeichnet. Die Situation wird durch eine kulturelle Einstellung gegenüber Ärzten stabilisiert, wonach förmliche Beschwerden die Ausnahme sind. Deshalb wurde in Schweden eine Haftpflichtversicherung für Behandlungsfehler und Arzneimittelschäden eingerichtet. Sie ersetzt jedem Patienten ohne Rücksicht auf den Verschuldensnachweis die von ihm erlittenen Gesundheitsschäden. Ungefähr 5,000 Beschwerden werden in Schweden jährlich registriert, wovon die Hälfte in Schadenersatzzahlungen an Patienten resultieren. Informationsmängel bei der Aufklärung über Diagnose- oder Therapierisiken machen 10 Prozent der Fälle aus. Weiterhin beschäftigt sich der Aufsatz mit der Notwendigkeit informierter Zustimmung des Patienten im Rahmen von klinischen Versuchen.

---

---

Edgar Borgenhammar is Professor of Health Services Management at the Nordic School of Public Health, Box 12 133, S-402 42 Gothenburg, Sweden.