论企业管理伦理构建的主要问题

在当代社会,企业经营管理所面临的主要伦理问题,是“人”、“欲”、“权”的生态协调问题,“人”、“欲”、“权”展开了当代企业管理的三个维度：管理思想、管理制度、管理实践。这三个维度构成了当代企业管理伦理探讨的整体视野：管理方向的选择是对管理思想（即管理的伦理理想、伦理尺度、价值原则和道德规范体系形成）的定位;管理模式的确立表征为管理制度的建立,管理制度的内在支撑是管理伦理理想,所追求的目标是伦理价值实现,其根本原则是道德原则．其形式规范定位则表征为道德规范体系的建立;管理实践是法治与德治,其现实目标是人权维护、权利保障和权力监约,首要前提是法治与德治必须合普遍平等的自然法则与合普遍人性要求。     

Two Approaches to Business Ethics

Following an historical survey of ethical perspectives, the author focuses on an emerging "market ethics" dictating economic, cultural and legal principles and practices. He is especially concerned with the subsequent loss of human and social capital, and suggests the need for reviving those vital ethical considerations, especially during this time of transition for The Czech Republic and other Eastern European nations.     

Spirituality as a Foundation for Freedom and Creative Imagination in International Business Ethics

Spirituality, in the broad sense, provides a deeper foundation for principles of international business ethics than legalistic, command-based ethics programs. Spiritual-based principles and values are presupposed and endorsed by established legal and ethical principles for international business. Identifying such spiritual-based principles and values requires the exercise of moral imagination and an openness to values embraced by the world's religions. Once identified, a new realm of moral freedom is attained for multinational corporations which may help them move beyond an "ethics for sale" orientation.     

Changing the Odds: A Study of Corporate Social Principles and Practices in Addressing Problem Gambling

This paper documents a quantitative study into socially responsible principles and practices adopted in registered clubs in New South Wales Australia to manage one of their social impacts – problem gambling. The survey utilised an adapted version of Aupperle's (1982) corporate social responsibility instrument to measure the priority given to economic, legal, ethical and discretionary principles in club machine gambling operations. The survey also assessed support for certain management practices in responsible gambling. The results indicate that the participating club managers prioritise economic, legal, ethical and discretionary principles respectively, and that these are statistically related to practices they have implemented and support in responsible gambling. The managers most favoured secondary harm minimisation practices, followed by reactive primary intervention. Less favoured were proactive primary intervention and discretionary practices. These principles and practices contrast markedly with those advocated by key stakeholder groups, as expressed in semi-structured interviews and submissions to the NSW Gaming Inquiry. Non-industry stakeholders favoured a more balanced set of principles and a more holistic set of management practices in responsible gambling. The results also provide validation of Aupperle's (1982) instrument when applied to corporate management of a single social impact and for Carroll's (1979, 1991) construct of corporate social responsibility.     

The ten commandments of legal risk management

Effective legal risk management is not a separate field of endeavor. Rather, it is inextricably linked with good management and with ethical management; managers who behave professionally and according to ethically defensible principles of action are quite unlikely to find themselves and their organizations stuck in a legal and/or ethical quagmire. Behavioral decision theory offers some explanations for why those managers who go astray do so, but explaining how basic human tendencies, uncorrected, may incline us to questionable decisions is not to justify such decisions. Managers who follow the guidelines set forth in this article may nonetheless find themselves or their companies under assault in the law courts or the court of public opinion, but should such an unlikely event occur, they will be far more likely to be able to successfully defend themselves.     

Genetic Screening in the Workplace: Legislative and Ethical Implications

This paper discusses legal and ethical issues related to genetic screening. It is argued that persons identified with actual or perceived deleterious genetic markers are protected by the American with Disabilities Act of 1990 and the Civil Rights Act of 1991, if members of a protected group, regardless of whether or not they are currently ill. However, legislation may not protect all employees in all scenarios, in which case, ethical principles should guide decision-making. In doing so a model of preventive ethics is proposed to better understand the multiple levels on which this issue resides.     

Some ethical dilemmas of modern banking

How ethical have recent banking practices been? We answer this question via an economic analysis. We assess the two dominant practices of the modern banking system – fractional reserves and maturity transformation – by gauging the respective rights of the relevant parties. By distinguishing the legal and economic differences between deposit and loan contracts, we determine that the practice of maturity transformation (in its various guises) is not only ethical but also serves a positive social function. The foundation of the modern banking system – the holding of fractional reserves against deposits – is, however, problematic from economic, legal and ethical perspectives. Starting from a microanalysis of money's function, a reassessment of the current laws concerning the practice is encouraged, with the aim not only to rectify economic irregularities but also to realign depositors' rights with the obligations of the banking sector.     

Striking a Balance Between Rules and Principles-based Approaches for Effective Governance: A Risks-based Approach

Several recent studies and initiatives have emphasized the importance of a strong ethical organizational DNA (ODNA) to create and promote an effective corporate governance culture of trust, integrity and intellectual honesty. This paper highlights the drawbacks of an excessively heavy reliance on rules-based approaches that increase the cost of doing business, overshadow essential elements of good corporate governance, create a culture of dependency, and can result in legal absolutism. The paper makes the case that the way forward for effective corporate governance is to strike an optimal balance between rules-based and principles-based approaches. The recent corporate scandals have demonstrated that the ethical ODNA is critical to the driving force and basis of legal and regulatory requirements. Effective governance means adhering to ethical principles, not merely complying with rules, and is a crucial guardian of a firm’s reputation and integrity. It is through an effective corporate governance program (that is, one that optimally captures and integrates the appropriate aspects of rules-based and principles-based approaches, and identifies and assesses the related risks) that an organization can reconfigure its ODNA for improved performance. Focusing on the ethical ODNA as the basis of new governance measures provides an opportunity to develop a competitive advantage as it represents a potential source of differentiation, strengthens the relationship with all stakeholders of the organization by building a culture of trust and integrity, and re-instills investor confidence. This paper employs dialectical reasoning that links the ODNA through principles-driven rules in developing a risks-based approach. A comparison from a risk assessment perspective between rules-based and principles-based approaches is presented. Although there have been few applications employing dialectical reasoning in business research, this methodology can be extremely useful in isolating ethical issues and integrating them into the business process. The risks-based approach captures the benefits of both rules-based and principles-based approaches, and incorporates trust-based principles such␣as solidarity, subsidiarity and covenantal relationships.Sundera Arjoon is a Senior Lecturer in Ethics at the Department of Management Studies, The University of the West Indies, Trinidad, He has served as Head of Department (2002–2005) and as Deputy Dean of the Faculty of Social Sciences (1996–2002). His publications have appeared in the Journal of Business Ethics, Journal of Markets and Morality, Global Development Studies, Social and Economic Studies, Applied Financial Economics, and the Journal of Eastern Carribean Studies. His current teaching and research interests include ethical decision-making, corporate governance, virtue ethics and familial ethics.     

Agribusiness ethics: Specifying the terms of the contract

Agricultural production in the western world in our time is primarily agribusiness. As such, a business ethics approach can be extended to agricultural production. Given the nature of the agricultural production system, however, not only are general principles for business ethics applicable, but more specific obligations need to be generated. A social contract approach such as Donaldson's, with modifications, serves to provide both the general principles for the ethical practice of agribusiness, as well as more specific obligations for agents in the production system. An analysis of three cases is offered in order to highlight ethical issues particular to agribusiness, as well as to provide content for the principles which the social contract view regarding agribusiness can be seen to generate.     

Determinants of Ethical Behavior: A Study of Autosalespeople

This study proposes a model that explains the ethical behavior of automobile salespeople in terms of their ethical perception, legal perception, method of compensation (commission-based or salary-based), age, and education. The model is estimated by using five scenarios that involve ethical issues commonly found in the automobile industry and responses from 184 automobile salespeople in a mid-Atlantic metropolitan area. The findings suggest that ethical perception is the most important determinant of ethical behavior. Also, method of compensation is a major determinant in four of five scenarios, and legal perception in two out of five scenarios. However, age and education are not significantly related to ethical behavior. A discussion of the results, limitations, and implications is presented for managers.     

U.S. CEOs of SBUs in Luxury Goods Organizations: A Mixed Methods Comparison of Ethical Decision-Making Profiles

This study involved using a mixed method research design to examine the moral philosophy difference between the ethical decision-making process of CEOs in U.S.-led and non-U.S.-led within the luxury goods industry. The study employed a MANOVA to compare the ethical profiles between the two leader types (US and non-US led) and a phenomenological qualitative process to locate themes that give indication as to the compatibility of the luxury strategy values and practices with the principles and concepts of responsible leadership and conscious capitalism. As the luxury goods industry is facing the first slowdown since 2000, pressure to achieve sales targets in the U.S. to make up for losses in other markets will place these CEOs under extreme pressure from their headquarters. These leaders must possess the ethical decision-making capability to balance legal and moral dilemmas unique to multinational luxury goods organizations while delivering business results in a challenging environment. Results of the study show no evidence of difference in the ethical decision-making profiles between the two groups of leaders. The themes and emergent findings resulting from the qualitative analysis indicate a profound incompatibility between the values informing decision-makers using the luxury strategy and those employed by leaders operating within the principles and parameters of responsible leadership and conscious capitalism. Recommendations for future research include replicating the study with a larger sample, within a different geographic region or comparing leaders using the luxury strategy to those using conscious capitalism.     

An Exploration of the Ideologies of Software Intellectual Property: The Impact on Ethical Decision Making

This article helps to clarify and articulate the ideological, legal, and ethical attitudes regarding software as intellectual property (IP). Computer software can be viewed as IP from both ethical and legal perspectives. The size and growth of the software industry suggest that large profits are possible through the development and sale of software. The rapid growth of the open source movement, fueled by the development of the Linux operating system, suggests another model is possible. The large number of unauthorized copies of software programs suggests that many people do not believe in laws regarding software copyright. There are many and varied views of software as IP, even within the information systems (IS) profession. In this article, four distinct subgroups of IS professionals are identified. The article describes the four subgroups and their respective ideological views on software ownership; it explores the subgroups’ attitudes regarding software laws; and finally, it explains the ethical positions embraced by each subgroup.     

法理与机理:合作社法律支持体系的机制分析

合作社法律支持体系是合作社法的重要内容,对其运行机制的研究有助于揭示政府与合作社二元架构的规律性。从市民社会与政治国家以及权利与权力互动的法理框架考察,合作社法律支持体系具有其外在的合理性。从运行机制内部看,其是由一系列的构成要素组成,并且这些要素之间呈现有机互动的关系,形成一个信息反馈系统。在"政府—支持性法律规范—合作社"的框架下,合作社法律支持体系的运行是由政府收益线和合作社收益线的矛盾态决定的。     

石化企业法律风险和防范体系建立探索

企业法律风险贯穿企业运行始终,一旦发生法律风险,往往给企业带来致命打击。构建科学完善的法律风险管理体系是中石化集团的迫切要求。结合中石化集团法律风险防范机制,阐述了法律风险的主要特征、分类及影响,介绍了法律风险管理体系建立的原则、基本内容和运行机制,以期对中石化集团法律风险管理抛砖引玉。     

“This Position Requires Some Alteration of Your Brain”: On the Moral and Legal Issues of Using Neurotechnology to Modify Employees

Employers have long had programs for improving employee attitude and performance, from the simple such as free coffee in the break room to the more extensive such as gyms, counseling, team-building seminars, and skills training. Employees have also long used techniques for making themselves more competitive and productive for purposes of securing new positions or promotions. But what about more direct means of altering employee performance? Neurotechnology could allow for more powerful and precise methods of screening for desired traits and for modifying abilities—from memory to motivation to morality. In this paper, we examine the moral and legal issues of using neurotechnology in the employment context. We identify major types of technologies, the areas of employment where they might be used, and the moral and legal principles most likely to frame debates about use. We do not recommend a specific moral judgment but instead introduce the issues, describe the major possible policies that could be implemented to deal with employment neurotechnology, compare those policies to current ones, and lay out an analytical framework for further discussion based on the broad effectiveness of neurotechnology, balancing interests of employers and employees, and existing ethical and legal principles.     

Employee References: Between the Legal Devil and the Ethical Deep Blue Sea

An employer asked to provide a reference for a former or departing employee is confronted with a number of complex legal and ethical concerns. The issue of references is always controversial, involving a balance of employers' fears of legal liability, interests in providing relevant information to prospective employers, and concerns for fairness to former employees. Recently this topic has been the focus of new attention as the result of a court decision holding a former employer legally liable for wrongs committed by a former employee in a new job. In that case, the former employer had provided a positive reference while neglecting to note certain negative aspects of the former employee'sperformance. This paper addresses legal and ethical aspects of the reference dilemma and incorporates responses of human resource professionals to the question of ethical reference policies and practices.     

How Strong are the Ethical Preferences of Senior Business Executives?

How do senior business executives rank their preferences for various ethical principles? And how strongly do the executives believe in these principles? Also, how do these preference rankings relate to the way the executives see the future (wherein business decisions play out)? Research on these questions may provide us with an appreciation of the complexities of ethical behavior in management beyond the traditional issues concerning ethical decision-making in business. Based on a survey of 585 vice presidents of U.S. businesses it was found that: (1) there is a distinct set of principles of ethical conduct that is considered favorable as opposed to another set considered unfavorable among a comprehensive list of 14 ethical principles; (2) the executives believed overwhelmingly that their own individual ethical preferences are better than those of other executives; (3) the strength of their preferences for ethical principles is associated with whether the executives are relatively near-future oriented or more distant-future oriented; and (4), there are very few significant differences in terms of gender, age, education level, private/public education, prestigious/other schools, business/non-business academic backgrounds, and length of job experience. Implications of these findings are discussed.     

Living (not learning) ethics

Much has been written recently about both the urgency and efficacy of teaching business ethics. The results of our survey of AACSB member schools confirm prior reports of similar surveys: The teaching of business ethics is indiscriminate, unorganized, and undisciplined in most North American schools of business. If universities are to be taken seriously in their efforts to create more ethical awareness and better moral decision-making skills among their graduates, they must provide a rigorous and well-developed system in which students can live ethics instead of merely learn ethics. A system must be devised to allow students to discover and refine their own values rather than simply learning ethical theories from an intellectual point of view.After reviewing the literature on business ethics in undergraduate curricula, we make a series of recommendations to deliver experiential ethical education for business students. The recommendations include student and faculty written codes of ethics, emphasis on ethical theory within the existing required legal environment course, applied ethics in the functional area capstones using alternative learning, a discussion of employee (and employer) rights and responsibilities during the curriculum capstone course, and a public service requirement for graduation. These recommendations may be implemented without substantive additional cost or programming requirements.Joseph Solberg is an Assistant Professor of Business Law at Illinois State University. His teaching and research interests are centered on the legal and ethical environments of business and the pedagogy of business ethics. He is a member of the American and Midwest Academies and Legal Studies in Business.Kelly Strong is an Assistant Professor of Management at Illinois State University. His teaching and research interests include business ethics, business and society, and strategic issues management. He has published articles in the Journal of Business Ethics and other scholarly outlets in the areas of ethics education, business and society, and ethical decision making.Charles McGuire, Jr. is Professor of Business Law and Chair of the Finance, Insurance and Law Department at Illinois State University. His interests are in the areas of business law and the legal environment of business as well as government regulation. He has published text-books and supplements on the legal environment of business in addition to scholarly works in the American Business Law Journal, among others.     

Ethical Decision Making and The Law

This paper will examine the effects of gender, age, work experience, academic status and legality on certain ethical decisions. Six scenarios representing ethical dilemmas were presented to both undergraduate and MBA students in an attempt to determine if various demographic factors influenced ethical decision making. While some past studies have suggested that gender has an important effect on ethical decision making, this study does not completely support this conclusion and suggests that age and/or length of work experience should be included in any study of ethical decision making.The legality of the decisions was determined and compared to the reason given by the students for their decisions. In some cases the choice made by a majority of the students was not the one that was supported by the legal authorities which suggests that there may be conflicts between the ethical system of the respondents and the behavior expected of them by society.     

Why the Doctor Will NOT See You Now: The Ethics of Enforcing Covenants Not to Compete in Physician Employment Contracts

When a physician employment relationship terminates, the physician–patient relationship may also be terminated by enforcement of a covenant not to compete, which typically forces the physician to leave the geographic area for a period of time. This gives rise to several ethical dilemmas. The public interest is compromised when enforcement of these covenants contributes to the shortage of physicians in the community, and individual patients are harmed when their physicians are no longer available. The authors undertook a unique study to explore physician perspectives concerning the ethics of banning a physician from practice and the impact of the ban on both the physician and the physician’s patients. The results identified harmful effects that have not been raised in prior scholarly articles or reported court opinions. After reviewing the legal background of covenants not to compete, this paper presents the results of that study and concludes that resorting to the legal system for enforcement of covenants not to compete is not always the ethical course of action.