Corporate responsibility and corporate personhood

In this paper, I consider the claim that a corporation cannot be held to be morally responsible unless it is a person. First, I argue that this claim is ambigious. Person flags three different but related notions: metaphysical person, moral agent, moral person. I argue that, though one can make the claim that corporates are metaphysical persons, this claim is only marginally relevant to the question of corporate moral responsibility. The central question which must be answered in discussions of corporate moral responsibility is whether corporations are moral agents or moral persons. I argue that, though we can make a case for saying corporations are moral agents, they are not moral persons, and hence, we can hold them responsible. In addition, we need not treat them the way we would be obligated to treat a moral person; we needn't have the same scruples about holding a corporation morally responsible as we would a moral person. Rita C. Manning is Lecturer at California State College, San Bernardino. She has published in Southern Journal of Philosophy and in Informal Logic.     

The movement for reforming American business ethics: A twenty-year perspective

This paper presents a succinct review of the movement for moral genesis in business that arose in the 1970s. The moral genesis movement is characterized by: (a) the rejection of the premise that business and ethics are antagonistic; (b) the rise of the Issues Management approach, which stresses the social responsibility of the corporation: (c) disdain of government regulation as a means of business moralization, and (d) a search for control measures aimed at improving organization moral behavior. This movement now begins to give rise to a new organizational model, the Self-Moralizing Corporation, which transcends existing paradigms of corporate rectitude. The tenets of the Self-Moralizing Corporation are that: (a) the moral behavior of members is a requisite to the attainment of organization goals; (b) individual moral behavior is an asset which must be managed and developed by the corporation; (c) individual moral development is a collectively and individually shared responsibility; and, (d) the maintenance of moral values is more important than the preservation of organization structure.Simcha B. Werner has published in Israeli, British and American professional journals in the areas of government ethics, administrative reform and public enterprise.     

Are physicians a “delinquent community”?: Issues in professional competence,conduct, and self-regulation

This paper examines the moral responsibilities of physicians, toward themselves and their colleagues, their students and patients, and society, in terms of the nature and exercise of professional self-regulation. Some of the author's close encounters with cases involving research misconduct, behavioral impairment or deviance, and medical practice at the moral margin, are described to illustrate why, in Freidson's words, physicians are a delinquent community with respect to the ways they meet their responsibility to govern the competence and conduct of their members. Judith P. Swazey, president of The Acadia Insttute, is co-author of The Courage to Fail: A Social View of Organ Transplants and Hemodialysis and co-editor of several books on medical responsibility. The include Human Aspects of Biomedical Innovation, Social Controls and the Medical Profession and Whistleblowing in Biomedical Research: Policies and Procedures for Responding to Reports of Misconduct. Her Ph.D. in the history of science.     

Martyrs on commission: A reformation essay

Fiction. Although this story contains a measure of historical accuracy, any resemblance between the central character and a real person, or between the events of the story and real events, is entirely coincidental. The main purpose of this piece is to expand upon the notion of overload as one reason business people should not be burdened with moral responsibility. The overload argument is presented in a chapter of Business Ethics in Canada, edited by Deborah Poff and Wilfrid Waluchow (Prentice-Hall of Canada, 1987). In this chapter, Moral Responsibility in Business or Fourteen Ways to Pass the Buck, Alex C. Michalos both presents and replies to the overload argument. This short story is presented as an alternative to his reply.Lyle Estill is a salesperson for EMJ Data Systems Ltd. His short stories have appeared in a variety of journals and magazines, and have been produced on radio.     

Integrating Religious Principles and Human Resource Management Activities

Many ethical problems faced by organizations concern human resource management. This paper shows how some religious principles can be integrated into a human resource management course. First, it presents a discussion of employee responsibilities and rights in Judaism, Christianity, and Islam. Next, it suggests how various principles can be applied to human resource management activities. Do to others as you would have them do to you is applied to equal opportunity. Thou shall not commit sexual impropriety (or in positive terms, respect and love) is the basis for no sexual harassment. Thou shall not steal (or in positive terms, deal fairly) is related to fair pay in exchange for excellent employee performance. Thou shall not lie (or in positive terms, be truthful) is needed for due process in employee disputes. Thou shall not kill (or in positive terms, respect life) is applied to employee safety and health, plus health care benefits. A list of potential readings is included for instructors to consider for their own courses.     

Corporate Communication and Impression Management – New Perspectives Why Companies Engage in Corporate Social Reporting

This paper addresses the theoretical framework on corporate social reporting. Although that corporate social reporting has been analysed from different perspectives, legitmacy theory currently is the dominating perspective. Authors employing this framework suggest that social and environmental disclosures are responses to both public pressure and increased media attention resulting from major social incidents such as the Exxon Valdez oil spill and the chemical leak in Bhopal (India). More specifically, those authors argue that the increase in social disclosures represent a strategy to alter the public's perception about the legitimacy of the organisation. Therefore, we suggest using corporate communication as an overarching framework to study corporate social reporting in which corporate image and corporate identity are central.     

Predicting consumers' reactions to product failure: Do responsibility judgments follow from consumers' causal explanations?

Recent research in psychology suggests that people's causal attributions for an occurrence may not reflect the entirety of their beliefs about how the event transpired but rather which subset of this information has explanatory relevance given the context of the causal question. The present research examines the implications of this proposition for causal judgments about product failure and manufacturer responsibility. An experiment is presented which shows that consumers' attributions for product failure — to manufacturer-related vs. consumer-related factors — may vary with the causal background or reference case against which the occurrence is considered. These findings are discussed in light of previous research in marketing which suggests responsibility judgments should be related to the locus of consumers' attributions.     

Effects of price uncertainty on consumer purchase budget and price thresholds

This article examines how uncertainty about prices affects: (1) the budget consumers allocate for purchasing a product and (2) consumer price thresholds (i.e., the prices that are considered too high or a good deal). In an experimental setting, the purchase budget as well as the absolute values of both thresholds for uncertain subjects were higher than those for certain subjects. Moreover, a relatively large decline from the budget was needed before a price was considered a good deal, whereas a relatively small increase from the budget was sufficient for a price to be considered too high. Price uncertainty widened the difference between the upper (i.e., too high) price threshold and the budget, making uncertain subjects more tolerant to prices exceeding the budget than certain subjects. However, price uncertainty did not have a significant effect on the difference between the budget and the lower (i.e., good deal) price threshold.We wish to thank the editor and anonymous reviewers for their helpful comments on an earlier draft. We also thank Professors S. P. Raj and Amiya Basu for their comments and suggestions at various stages of the study.     

From Adam Smith to the American Catholic bishops: Debating visions of economic life

Considerable controversy was stirred by the contrast between the specific approaches to public policy contained in the first draft of the Catholic bishops' letter on the U.S. economy and the policies favored by the Reagan administration. However, a much more basic contrast actually existed between the bishops' underlying vision of economic life and contemporary capitalism. The pastoral challenges a separation between moral criteria and economic activity that is deeply embedded in modernity itself. Indeed, the splitting off of economic life from its moral-religious matrix is seen by the bishops' critics as a positive, defining feature of democratic capitalism. The critics see the separate economic and moral-religious spheres related by due balance; the bishops, while acknowledging an autonomy to economic life, emphasize that its fundamental choices remain moral. The bishops (and, for different reasons, their critics) have preferred to minimize the contrast between the letter's vision and the contemporary economy. They avoid any clearcut judgment on the economic system by stressing pragmatism and reforms; but implicitly they are granting a strictly conditioned acceptance of reformist capitalism, the condition being the system's openness to questioning and change. Peter Steinfels is Editor of Commonweal Magazine and he is the author of The Neoconservatives (Simon and Schuster, 1979).     

Common knowledge of the second kind

Although most of us know that human beings cannot and should not be replaced by computers, we have great difficulties saying why this is so. This paradox is largely the result of institutionalizing several fundamental misconceptions as to the nature of both trustworthy objective and moral knowledge. Unless we transcend this paradox, we run the increasing risks of becoming very good at counting without being able to say what is worth counting and why. The degree to which this is occurring is the degree to which the computer revolution is already over — and the degree to which we human beings have lost.I think that Aristotle was profoundly right in holding that ethics is concerned with how to live and with human happiness, and also profoundly right in holding that this sort of knowledge (practical knowledge) is different from theoretical knowledge. A view of knowledge that acknowledges that the sphere of knowledge is wider than the sphere of science seems to me to be a cultural necessity if we are to arrive at a sane and human view of ourselves or of science. (Hilary Putnam, Meaning and the Moral Sciences, 1981) David A. Bella is Professor of Civil Engineering at the College of Engineering at Oregon State University. He received his B.S. in Civil Engineering from Virginia Military Institute (1961), his M.S. and his Ph.D. in Environmental Engineering from New York University. His primary research interest is in the philosophy and sociology of technology, technological impact assessment, and moral philosophy. His most important publications are Engineering and Erosion of Trust and Organizations and Systemic Distortion of Information, Journal of Professional Issues in Engineering (1987), and Strategic Defense: Catastrophic Loss of Control, Journal of Peace Research (1989). Jonathan B. King is Associate Professor of Management at the College of Business at Oregon State University. He received his B.A. in philosophy from Antioch College (1965) and his M.B.A. in Finance (1975) and Ph.D. in Business, Government and Society (1980) from the University of Washington. His primary research interests are in the areas of moral philosophy, the philosophy of science, and critical thinking. His most important publications are The Three Face of Thinking, Journal of Higher Education (1986), Prisoner's Paradoxes, Journal of Business Ethics (1988), and Confronting Chaos, Journal of Business Ethics (1989).     

Board-management relations in small firms: The paradox of simultaneous independence and interdependence

The author introduces constructs based on neo-classical and socio-economic assumptions, and argues that board-management relations should be characterized by both independence and interdependence. Interdependence is especially important in small firms. The article presents a model of directorates from research about directorates based on agency theory assumptions. This model is supplemented with constructs from the theory of contractual relations. Whilst traditional literature tends to focus upon independence from an agency theory perspective, this article argues that it is necessary to use more than one dimension of attributes regarding the board-management relations in order to understand the board's contribution to company performance, and that trust and solidarity is especially important in small firms. Board-management relations described by simultaneous independence and interdependence are proposed to give the highest contribution to company performance. The theoretical propositions are exemplified and supported by results of a field survey of directorates in small firms.     

Norman Bowie and Richard Rorty on multinationals: Does business ethics need ‘metaphysical comfort?’

Norman Bowie wrote an article on the moral obligations of multinational corporations in 1987. This paper is a response to Bowie, but more importantly, it is designed to articulate the force and substance of the pragmatist philosophy developed by Richard Rorty. In his article, Bowie suggested that moral universalism (which he endorses) is the only credible method of doing business ethics across cultures and that cultural relativism and ethnocentrism are not. Bowie, in a manner surprisingly common among contemporary philosophers, lumps Rorty into a bad guy category without careful analysis of his philosophy and ascribes to him views which clearly do not fit. I attempt to provide both a more careful articulation of Rorty's views, and to use his pragmatism to illustrate an approach to business ethics which is more fruitful than Bowie's. This brand of philosophy follows the Enlightenment spirit of toleration and attempts to set aside questions of Truth, whether religious or philosophical, and have ethics centered around what James called that which is good in the way of belief. Rather than looking for metaphysical foundations or some type of external justification, ethicists perform their craft from within the cultural traditions, narratives and practices of their society.Andrew C. Wicks, M.A. in Religious Ethics. Currently a fourth year Doctoral Candidate in the Religious Studies Department at the University of Virginia, Charlottesville.     

Egoistic and ethical orientations of university students toward work-related decisions

An onslaught of ethically questionable actions by top government, business, and religious leaders during the 1980s has brought the issue of ethics in decision making to the forefront of public consciousness. This study examines the ethical orientation of university students in four decision-making situations. The dependent variable — ethical orientation toward work-related decisions — is measured through student responses to questions following four work-related vignettes. Possible responses to each vignette are structured to permit categorization of respondents into two broad orientations: egoistic and ethical. Independent variables are academic major, ethics in business orientation, gender, and religiosity. Generally, students tended to choose an ethical orientation over an egoistic orientation in each vignette. Business majors were generally no less likely to choose an ethical orientation toward work-related decisions than nonbusiness majors. Respondents characterized by moral unity (belief in the consistency between general ethical principles and work-related ethical standards) were more likely to have an ethical orientation toward work-related decisions than those subscribing to the amoral theory of business. Females showed a consistent tendency to be more ethically oriented toward work-related decisions than males. Finally, respondents high on religiosity tended to be more ethically oriented. Jon M. Shepard is Head of the Department of Management at Virginia Polytechnic Institute and State University. His most recent publications include Gender Differences in Proclivity for Unethical Behavior (Journal of Business Ethics). His current research interests include ethics in business, corporate ethical climates, and the accountability of institutions in modern society.Linda Hartenian is a P/HRM doctoral candidate in the Department of Management at the University of Kentucky. Her research interests include the performance appraisal process, the impact of decentralized computing systems on organizational communication, and research methodology.This research was supported by a grant from the Graduate School, University of Kentucky. We wish to thank Richard Wokutch for his thoughtful suggestions for this paper.     

A positive approach to organized consumer action: The “buycott” as an alternative to the boycott

A survey of the consumer research literature revealed few instances of consumer buycotts, i.e., efforts by consumer activists to induce shoppers to buy the products or services of selected companies in order to reward these firms for behavior consistent with the goals of the activists. The few cases did however prompt some thoughts on the development of a conceptual framework for understanding the place of buycotts on a consumer activist agenda. The framework is briefly described and examples presented of prospective uses to be made of buycotts by consumer groups. Also presented is a set of basic research questions concerning buycotts which should be of interest to scholars as well as practitioners.

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Kollektive Konsumentenaktion als positive Rückmeldung: der Buycott als Alternative zum Boycott

Zusammenfassung Eine Durchsicht der Literatur zur Verbraucherforschung zeigt einige wenige Beispiele eines Verbraucher-Buycotts, also der Bemühung von Verbraucheraktivisten, Konsumenten zum Kauf von Produkten solcher Unternehmungen zu bewegen, deren Verhalten den Zielvorstellungen der Aktivisten entspricht und die deswegen belohnt werden sollen. Diese wenigen Fälle geben Anlaß für einige grundsätzliche Überlegungen zur Entwicklung eines konzeptionellen Rahmens für das Verständnis des Buycotts und seiner Bedeutung als möglicher Aktionsparameter der Aktivisten. Der Beitrag skizziert einen solchen Bezugsrahmen und lefert Beispiele für künftige Einsatzmöglichkeiten des Buycotts als Instrument von Verbraucherverbänden. Schließlich werden einige Forschungsfragen formuliert, deren Antwort sowohl für Wissenschaftler wie auch für Praktiker von Interesse sein dürfte.

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Monroe Friedman is a Professor of Psychology at Eastern Michigan University, Ypsilanti, MI 48197, USA.     

An Exercise in Moral Philosophy: Seeking to Understand “nobody”

The late Hannah Arendt proposed that many, perhaps most monstrous deeds are not committed by moral monsters but by individuals who do not think. However, understanding the significance of activity of thinking as such requires a moral philosophy that transcends rational actor assumptions and instrumental reason centering, instead, on the conditions of self-knowledge. The ubiquitous and often lethal phenomenon of information distortions provides a vehicle for expanding our understandings of individual moral response-abilities in our modern times.     

A reply to Thomas Mulligan's “critique of Milton Friedman's essay ‘The Social Responsibility of Business to Increase Its Profits’”

Professor Thomas Mulligan undertakes to discredit Milton Friedman's thesis that The Social Responsibility of Business Is to Increase Its Profits. He attempts to do this by moving from Friedman's paradigm characterizing a socially responsible executive as willful and disloyal to a different paradigm, i.e., one emphasizing the consultative and consensus-building role of a socially responsible executive. Mulligan's critique misses the point, first, because even consensus-building executives act contrary to the will of minority shareholders, but even more importantly, because he assumes that the mandate of a shareholder majority brings legitimacy to efforts of corporate managers to utilize corporate wealth in solving social problems. It is the role of our democratic institutions to deal with national agenda issues such as inflation, unemployment, and pollution, not that of the private sector. Corporations and private individuals do have a role to play in enhancing the quality of the human environment, however, and the author suggests a coherent means of developing that role in an effort rescue corporate social responsibility from Mulligan no less than from Friedman. Bill Shaw, Lynette S. Autrey Visiting Professor of Business Ethics at the Jesse H. School of Administration, Rice University, is Professor of Business Law at the University of Texas at Austin. He is staff editor of the American Business Law Journal and the Midwest Law Review. Among his most recent publications are The Structure of the Legal Environment (with Art Wolfe), Environmental Law: Text and Cases, The Global Environment: A Proposal to Eliminate Marine Oil Pollution (With Frank Cross and Brenda Winslett, The Natural Resources Journal), and Comparable Worth and Its Prospects (The Labor Law Journal).     

Umpire and batsman: Is it cricket to be both?

The paper is a response to Richard De George's essay, Theological Ethics and Business Ethics. It defends the possibility of theologically oriented approaches to business ethics by pointing out certain deficiencies in business ethics narrowly based on the premisses of analytic moral philosophy. In particular it argues, in a manner consistent with Alasdair MacIntyre's After Virtue (1981), that such a program of business ethics is insufficiently critical of its own roots in the social fiction of bureaucratic rationality. After showing how this ideology governs De George's negative judgments on theological approaches to business ethics, the author outlines a program of critical reflection that would draw from the intellectual traditions of both theology and philosophy in order to facilitate a dialogue in business ethics that no longer is captive in the Iron Cage of bureaucratic rationality. Dennis P. McCann is an Associate Professor of Religious Studies at De Paul University. He has served on the faculties of Reed College and Lewis and Clark College. He is the author of Christian Realism and Liberation Theology (1981) and a co-author of Polity and Praxis: A Program for American Practical Theology (1985).     

“Ought” implies “can”, or,the moral relevance of a theory of the firm

Since ought implies can, i.e., one cannot be obligated to do what one cannot do, the question of corporate responsibility cannot be discussed intelligibly without an inquiry into the range of corporate or managerial discretion. Hence, the moral relevance of a theory of the firm. Within classical or neo-classical economic theory, for instance, firms which act other than to maximize profit are eliminated. They cannot do otherwise, and thus either have no obligations at all or only the duty to maximize profit. The thesis of the Managerial Revolution, if true, establishes only that management is free from direct stockholder control. By asserting that corporations have responsibilities to do other than maximize profit, philosophers assume a wide degree of managerial discretion, without considering recent developments in the theory of the firm which suggest that new incentives and constraints radically restrict managerial liberty in a capitalist society. John R. Danley is Associate Professor at the Southern Illinois University at Edwardsville. He is the author of three articles: The Fundamental Assumption of Hypothetical Process Arguments, Philosophical Studies 34 (1978); Robert Nozick and the Libertarian Paradox, Mind 88 (1979); and Toward a Theory of Bribery, Business and Professional Ethics Journal 3.     

50 Jahre Steuerschätzung: Die Notwendigkeit einer undankbaren Aufgabe

Der vom Bundesministerium der Finanzen im Jahre 1955 eingerichtete Arbeitskreis Steuerschätzungen besteht mittlerweile 50 Jahre und tritt im Mai 2005 in Berlin zu seiner 125. Sitzung zusammen. Was sind die Aufgaben des Arbeitskreises? Mit welchen Problemen muss er sich bei seiner Arbeit auseinandersetzen?Dr. Klaus-Peter Fox, 60, ist Dozent für die Fächer Volkswirtschaftslehre und Finanzwissenschaft an der Fachhochschule für Verwaltung des Saarlandes. Er ist seit Herbst 1983 Mitglied des Arbeitskreises Steuerschätzungen. Er vertritt ausschließlich seine persönliche Meinung.     

The indefensibility of insider trading

The article, Inside Trading Revisited, has taken the stance that insider trading is neither unethical nor economically inefficient. Attacking my arguments to the contrary developed in an earlier article, The Ethics of Inside Trading (Journal of Business Ethics, 1989) this article constructs careful arguments and even appeals to Adam Smith to justify its conclusions. In my response to this article I shall clarify my position as well as that of Smith to support my counter-contention that insider trading is both unethical and inefficient. Patricia H. Werhane is the Henry J. Wirtenberger Professor of Business Ethics at Loyola University, Chicago. She is the author or editor of seven books including Ethical Issues in Business,edited with Tom Donaldson, in its third edition, Persons, Rights, and Corporations, Profits and Responsibility,and Philosophical Issues in Human Rights,edited with David Ozar and A. R. Gini. She is past president of the Society for Value Inquiry, founding member, past president and Executive Director of the Society of Business Ethics, and Chairperson of the Ethics Advisory Council of Arthur Andersen & Co. She serves on the editorial boards of the Journal of Business Ethics,the Journal of Value-Based Management, and Public Affairs Quarterly,and is Editor-in-Chief of Business Ethics Quarterly.Her book, Adam Smith and his Legacy for Modern Capitalismis forthcoming with Oxford University Press.