The ethical significance of corporate law

Corporate legal scholarship has failed in fundamental ways to grasp the ethical significance of corporate law and policy. While the broader economic and social consequences of particular legal developments are routinely debated, too little reflection is given to how such developments affect the moral quality of individual lives within the corporate hierarchy. What is needed is a framework for illuminating the interaction between developments in corporate legal doctrine and the ethical choices of corporate managers. The ethical significance of corporate law derives from two key factors. First, the corporation as an organization mediates between individuals in the corporate hierarchy and their ethical responsibilities. Second, the organizational choices and decision-making structure of the corporation are to a significant degree the product of corporate law. Jeffrey Nesteruk is an Assistant Professor of Business Policy and Environment at Rider College. In addition to his law degree, he holds a master's degree in philosophy. Professor Nesteruk's interests include both business ethics and corporate law. He has published a number of articles and book reviews in various legal journals such as the Columbia Business Law Review, University of Cincinnati Law Review,and DePaul Law Review.He is currently coauthoring a book, Corporations in the Moral Community,to be published by Holt, Rinehart & Winston, Inc.     

The effectiveness of corporate codes of ethics

While the focus on business ethics is increasing in business school curricula, there has been little systematic scholarly research on the forces which bring about ethical behavior. This article is intended as a first step toward that research by creating a catalogue of hypotheses concerning the efficacy of corporate codes of ethics. The hypotheses are drawn from studies of compliance with law and court decisions and theories of legitimacy, authority, public policy making and individual behavior. Hypotheses are proposed based on the structure of the organization, the source of the code of ethics within the organization, the content of the code, sanctions for noncompliance, protections for refusal to engage in unethical behavior, and rewards for compliance.Dr. Steven Weller has written extensively on problems of court process and organizational behavior. He possesses a J.D. and a Ph.D. in Political Science and has taught both in Business Law and in Political Science. He is presently a solo law practitioner, teacher and research consultant in Boulder, Colorado.     

The moral authority of transnational corporate codes

Ethical guidelines for multinational corporations are included in several international accords adopted during the past four decades. These guidelines attempt to influence the practices of multinational enterprises in such areas as employment relations, consumer protection, environmental pollution, political participation, and basic human rights. Their moral authority rests upon the competing principles of national sovereignty, social equity, market integrity, and human rights. Both deontological principles and experience-based value systems undergird and justify the primacy of human rights as the fundamental moral authority of these transnational and transcultural compacts. Although difficulties and obstacles abound in gaining operational acceptance of such codes of conduct, it is possible to argue that their guidelines betoken the emergence of a transcultural corporate ethic. William C. Frederick is Professor of Business Administration, Graduate School of Business, University of Pittsburgh. He is President (1990) of the Society for Business Ethics, former chair of the Social Issues in Management division of The Academy of Management, and was the Charles Dirksen Professor of Business Ethics at Santa Clara University in 1980–81. He is coauthor of Business and Society: Corporate Strategy, Public Policy, Ethics (McGraw-Hill, 1988).     

Questioning corporate codes of ethics

This paper argues that corporate Codes of Ethics lose their ability to further moral responsiveness because of the narrow instrumental purposes that inform their adoption and use. It draws on Jacques Derrida's reading of Emmanuel Levinas to argue that, despite the fact that all philosophical language entails a certain violence, corporate Codes of Ethics could potentially play a more meaningful role in furthering ethical questioning within corporations. The paper argues that Derrida's reading of Levinas' notion of ‘the third’ could precipitate the emergence of a broader sense of ethical responsibility towards multiple others within corporations. Codes may also present the opportunity for corporations to engage in the reconsideration of their own purposes in the light of questions of justice towards multiple others. How these changes in the establishment and use of Codes may be accomplished is explored towards the end of the paper.     

Managers' perceptions of ethical codes: dialectics and dynamics

Codes of ethics and conduct have become common in UK organisations. This paper explores how such codes are understood and responded to by those whom the codes seek to influence. The study is an interpretative one, based on interview material, in which a dialectical pattern is seen in employees' reactions to codes. Initial contradictions are found in codes of ethics (which claim to give employees space in which to exercise their integrity, but simultaneously are seen as impugning employees' moral status) and in codes of conduct (which require a loyal adherence to rules that interferes with wider loyalties). These tensions create perceptions of a two-tier system in organisations in which core employees are subject to codes of ethics that are loosely applied, but non-core staff are subject to codes of conduct that are strictly applied. However, even core staff are aware of a dialectical contradiction in their position. They believe that loyalty to the organisation is the price they pay for being allowed freedom of integrity by their organisations, but that the price they have to pay for showing integrity may be breaking faith with their organisations. This chiasmus of integrity and loyalty represents a difficulty for the project of improving standards of corporate citizenship. The use of this trope and other rhetorical figures to exemplify processes of understanding and interpretation in organisations is discussed.     

The content and focus of Canadian corporate codes of ethics

This paper primarily reports the findings of content analyses of seventy-five codes of ethics ofFinancial Post 500 corporations. The contents of each code were comprehensively evaluated along sixty-one criteria according to four levels. It was found that the focus of these codes was the protection of the firm. While some of them refer to issues of social responsibility, they are principally concerned with conduct against the firm.Maurica Lefebvre holds an Honours Bachelor of Arts Degree in Psychology from the University of Western Ontario and a Bachelor of Commerce degree and MBA from the University of Windsor. She is presently employed marketing consumer packaged goods.Jang B. Singh, B. A. (Toronto), M. A. (St. Thomas), M. A. (Toronto), M. B. A. (Windsor), Ph. D. (Toronto) is Associate Professor at the Faculty of Business Administration of the University of Windsor. His research focus is on ethical issues involved in the management process.     

Retail service quality,corporate image and behavioural intentions: the mediating effects of customer satisfaction

This study investigates the relationships between service quality, corporate image, satisfaction and behavioural intentions. A structural equation modelling (SEM) approach is applied to test the proposed conceptual framework, using data collected from 404 supermarket customers in China. The structural model suggests that customer satisfaction fully mediates the impact of retail service quality on behavioural intentions (e.g. intention to recommend and repurchase). The results also indicate that retail service quality significantly influences customer perceptions of corporate image. The relationship between corporate image and behavioural intentions is fully mediated by satisfaction.     

The ethical implications of corporate records management practices and some suggested ethical values for decisions

While the ethical implications of corporate actions have received increasing attention, one important area overlooked by both researchers and corporate codes of ethics is the significant ethical implications of corporate records management practices. This article discusses the operational and strategic purposes of modern corporate records management programs—including scorched earth programs which seek to reduce exposure to potential liability by eliminating documentary evidence from corporate files that could be used to establish culpability in future governmental investigations or in litigation by persons injured by corporate actions. As a first step toward developing relevant ethical guidelines and decision criteria for socially-responsible records management practices, the ethical values of freedom of choice and avoidance of harm are applied to various corporate decisions as to (1) which information should be retained as records and for how long, (2) subsequent disclosure or non-disclosure of that information and to whom, and (3) decisions as to when information in corporate records may properly be destroyed. John C. Ruhnka, Associate Professor of Legal Environment and Management at the University of Colorado at Denver, has written extensively on corporate obligations to disclose material adverse events and preliminary merger negotiations in the Harvard Business Review and Securities Regulation Law Journal. He has also written on design considerations for records management programs and legal and regulatory retention requirements that apply to business records in a series of articles in the Corporate Confidentiality and Disclosure Letter. Dr. Steven Weller is on the faculty of The National Judicial College in Reno, Nevada, and has written extensively on problems of court process and organizational behavior. He has previously written on The Effectiveness of Corporate Codes of Ethics in the Journal of Business Ethics.     

Triple bottom-line reporting as social grammar: integrating corporate social responsibility and corporate codes of conduct

This paper argues that many objections against, and limitations of, corporate codes of conduct can be addressed if a meaningful integration can be established between CSR and ethics management practices within corporations. It is proposed that the notion of the triple bottom-line finally presents corporations with a mechanism to establish this integration. The paper draws on the second South African King Report on Corporate Governance, which succeeded in integrating corporate governance, ethics management and triple bottom-line reporting by advocating what it called 'Integrated Sustainability'. The paper argues that this is an example of how ethics management initiatives like code development become more meaningful, if they can be related to the corporation's CSR initiatives and reporting practices. Integration between ethics management and CSR in the context of triple bottom-line reporting reframes corporate success in a way that makes both ethics management and CSR activities more meaningful. In fact, it is argued that in the absence of a social grammar that establishes this integration, neither codes nor CSR can foster meaningful organizational integrity.     

International codes of conduct: An analysis of ethical reasoning

Four international codes of conduct (those of the International Chamber of Commerce, the Organization for Economic Cooperation and Development, the International Labor Organization, and the United Nations Commission on Transnational Corporations) are analyzed to determine the ethical bases of the behaviors they prescribe for multinational enterprises (MNEs). Although the four codes emphasize different aspects of business behavior, there is substantial agreement regarding many of the moral duties of MNEs. It is suggested that MNEs are morally bound to recognize the codes and to take them into account when engaging in international business.Kathleen A. Getz is a doctoral candidate at the Katz Graduate School of Business of the University of Pittsburgh.For another interpretation, see William C. Frederick's current paper, Multilateral Compacts as a Source of Normative Corporate Guidelines: The Emergence of a Transcultural Corporate Ethic.     

Corporate ethical consulting: Developing management strategies for corporate ethics

The increase of scandals in the business sector is forcing many companies to examine their corporate ethical behavior with a view toward rebuilding their corporate value system. This article describes how value-system reconstruction must proceed in a company and demonstrates that corporate ethics can only become plausible if based on a corporate ethical ethos. It outlines a five-step development plan of management strategies toward rebuilding a company's value system on this corporate ethos through: corporate policy and strategy reformulation; corporate ethical code promulgation and value-statement formulation; management ethical training and corporate ethical education; and corporate ethical performance evaluation. The role of the corporate ethical consultant is also outlined to illustrate how corporate ethical consulting can provide the specialized services designed to insure an enduring management ethical upgrading and to improve a company's corporate ethical performance record. The discussion indicates how corporate ethical consulting promotes good business through its capacity to deliver industry credibility and company security. Richard Guerrette is a Research Fellow at Yale University Divinity School, where he is conducting a research study in organization management process and corporate ethics. He is also a Lecturer in sociology at the University of Connecticut at Hartford and is an author of two books on ecumenical ministry and social movement organization in the church. He has published extensively in theological journals and has recently contributed an article on Environmental Integrity and Corporate Responsibility for the Journal of Business Ethics 5 (1986). He is the Director of Equipax, an organization/management consulting service in Farmington, Connecticut.     

A corporate model of sustainable business practices: An ethical perspective

This paper considers contemporary business practice and its sustainable performance from the view of stakeholders and their perceived value. A company has responsibilities and commitments to many different internal and external stakeholders in the marketplace and society. This view underlines the need for organizations to, not only provide value, but do so in a sustainable and socially responsible manner. A model is developed based on five, separate but interconnected, elements. The model is iterative and acknowledges its elementary state, suggesting further development and refinement in the field of sustainable business practices from an ethical perspective.     

The effects of computerized performance monitoring: An ethical perspective

Considerable controversy has surrounded the use of computerized performance monitoring (CPM) by employers. Critics of this technology contend that CPM usage raises serious ethical concerns. Beliefs that the use of computerized performance monitors results in unfair performance evaluation, stress and health problems underlie much of the current concern over this technology. A field study was undertaken to provide empirical evidence that could be used to guide the design and use of computerized performance monitors to minimize these problems. One hundred forty three members of the Communication Workers of America participated in a cross sectional field study. The study examined the relationship between various monitoring system characteristics and employees' health problems, stress and satisfaction with the performance evaluation process. The ethical implications of the results are discussed.Stephen R. Hawk is Associate Professor of Information Systems at the University of Wisconsin-Parkside's School of Business. His research interests include decision support systems, computerized performance monitoring and information system implementation. His articles have appeared inDecision Sciences, IEEE Transactions on Engineering Management, andInternational Journal of Man-Machine Studies.     

Organizational attention to corporate social responsibility and corporate social performance: the moderating effects of corporate governance

Many studies have explored the antecedents of corporate social performance (CSP), such as institutional forces and stakeholder pressures. However, few studies examine CSP from a socio‐cognitive perspective. To address this research void, this study adopts an attention‐based approach to examine the relationship between managers' attention to social issues and CSP. More important, this study reports that this relationship will be moderated by governance mechanisms that constrain managerial discretion. Using a sample of Chinese listed firms, this study provides empirical support for these arguments. Therefore, our study adds new insights to the literature addressing CSP from a socio‐cognitive perspective and speaks to the structural features, both inside and outside organizations, that guide managers' attention.     

A paradigm for design,promulgation and enforcement of ethical codes

The paper explores the promise of ethical codes as a means to control unethical behavior in business. After a review of arguments for ethical codes from outside the business system, the paper outlines the arguments for codes from inside the business system at the level of the industry, firm and individual executive.The paper then discusses the problems of code design — the dilemma between specific practices and general precepts — and offers a model for a thoroughgoing code. This is followed by a discussion of the problems of promulgation and code enforcement.In conclusion, the paper summarizes the limitations of ethical codes and the arguments which have been made against them. Earl A. Molander is Associate Professor of Management at Portland State University. He is the author of Responsive Capitalism,and co-author of Is the Ethics of Business Changing, which appeared in Harvard Business Review.     

Exploring corporate citizenship and purchase intention: mediating effects of brand trust and corporate identification

Corporate citizenship represents various organizational activities and status related to the organization's societal and stakeholder obligations. This study develops five different dimensions of corporate citizenship and examines the relationship between the five dimensions and purchase intention by including two key mediators. In the proposed model of this study, purchase intention is indirectly affected by economic, legal, ethical, general philanthropic, and strategic philanthropic citizenship via the mediation of corporate identification and brand trust. Empirical testing using a survey of 353 consumers from various industries confirms most of our hypothesized effects. Last, managerial implications for corporate leaders and limitations of our findings are discussed in depth.