Business Ethics, Miscellaneous

Se consideră conceptul de inteligență emoțională ca fiind invalid, atât pentru că nu este o formă de inteligență, cât și pentru că este definit atât de larg și incluziv încât nu are un sens inteligibil. Extinderea termenului de „inteligență” distorsionează sensul conceptului. Motivul final ar fi egalitarismul, astfel încât toată lumea să fie considerată egală în inteligență. Iinteligența emoțională nu ar fi, în fapt, o altă formă sau tip de inteligență, ci inteligența (capacitatea de a înțelege abstracțiunile) aplicată unui anumit (...) domeniu, respectiv emoțiile. Percepția inteligenței emoționale ca o calitate morală de drept este greșită, aceasta nefiind decâ un instrument pentru îndeplinirea obiectivelor, putând fi utilizată ca o armă pentru manipularea celorlalți. DOI: 10.13140/RG.2.2.24452.76169. (shrink)

Many business transactions and employment contracts are wrongfully exploitative despite being consensual and beneficial to both parties, compared with a nontransaction baseline. This form of exploitation can present governments with a dilemma. Legally permitting exploitation may send the message that the public condones it. In some economic conditions, coercively enforced antiexploitation law may harm the people it is intended to help. Under these conditions, a way out of the dilemma is to enact laws with provisions that lack coercive enforcement. Noncoercive (...) law would convey the state’s condemnation of wrongful exploitation without risking the harmful effects of coercively enforced law. It would also give firms and their agents a way of explaining nonexploitative pricing decisions to investors, and it may help give precise content to the moral duty to set prices and wages fairly. Governments should thus consider noncoercive law a viable component of their responses to exploitation. (shrink)

Most business ethicists maintain that corporate actors are subject to a variety of moral obligations. However, there is a persistent and underappreciated concern that the competitive pressures of the market somehow provide corporate actors with a far-reaching excuse from meeting these obligations. Here, we assess this concern. Blending resources from the history of philosophy and strategic management, we demonstrate the assumptions required for and limits of this excuse. Applying the idea of ‘the state of nature’ from Thomas Hobbes, we suggest (...) that corporate actors would be excused from duties if complying with them threatened their vital interests. We show how this excuse is not available for most individuals within firms; instead, it is an excuse perhaps available to firms themselves, but only given substantive assumptions about corporate personhood. For those willing to make these assumptions, we apply the competitive advantage construct to delimit the scope of this excuse. We suggest that firms are excused from fulfilling an obligation when complying leads to a competitive disadvantage, as this imperils the firm’s vital interests. After revealing why this excuse does not generalize, we conclude by considering when we should reform the market to avoid the legitimacy of this excuse. (shrink)

Respondeat superior is a legal doctrine conferring liability from one party onto another because the latter stands in some relationship of authority over the former. Though originally a doctrine of tort law, for the past century it has been used within the criminal law, especially to the end of securing criminal liability for corporations. Here, I argue that on at least one prominent conception of criminal responsibility, we are not justified in using this doctrine in this way. Firms are not (...) answerable for the crimes committed by their employees, because firms cannot answer as to why the crime was committed; they lack the authority to offer the employee’s reasons for action. Though this rules out respondeat superior as a general principle, I show contexts in which vicarious liability is still appropriate in the criminal law, and I respond to a number of other concerns raised by this picture. (shrink)

This article argues that businesses are morally responsible for compensating the people harmed by their activities even if they were not negligent, i.e., the businesses took reasonable precautions. Critics of this position maintain that responsibility requires choice, and by taking precautions, businesses choose not to harm others. This article accepts their argument’s first premise but rejects the second premise. It contends that businesses often seek risky or innovative activities to increase profits, and the essence of innovative activities is that precautions (...) cannot sufficiently reduce their foreseeable harmful consequences. The correct understanding of businesses’ decision-making enables us to appreciate that businesses choose to undertake risky activities while knowing that they can harm others despite preventive measures. It follows that preventive measures should not serve as an excuse against liability for harm. (shrink)

We propose a ‘Moral Imagination’ methodology to facilitate a culture of responsible innovation for engineering and product teams in technology companies. Our approach has been operationalized over the past two years at Google, where we have conducted over 50 workshops with teams from across the organization. We argue that our approach is a crucial complement to existing formal and informal initiatives for fostering a culture of ethical awareness, deliberation, and decision-making in technology design such as company principles, ethics and privacy (...) review procedures, and compliance controls. We characterize some distinctive benefits of our methodology for the technology sector in particular. (shrink)

Game theory involves deliberating about what to do in light of what other people are likely to do. One of the central frameworks of game theory is the prisoner’s dilemma, in which participants who make rational choices end up in suboptimal outcomes. Using the prisoner’s dilemma to model competition between firms sets the stage for a new and promising approach to business ethics: the market failures approach.

The ‘limits of markets’ debate broadly concerns the question of when it is (im)permissible to have a market in some good. Markets can be of tremendous benefit to society, but many have felt that certain goods should not be for sale (e.g., sex, kidneys, bombs). Their sale is argued to be corrupting, exploitative, or to express a form of disrespect. InMarkets without Limits, Jason Brennan and Peter Jaworski have recently argued to the contrary: For any good, as long as it (...) is permissible to give it for free, then it is permissible to give it for money. Their thesis has led to a number of engaging objections, and I leverage recent work on the nature of feasibility within political philosophy to offer a new challenge.I argue that feasibility offers a constraint on which markets can be permissibly implemented. Though it may be possible to create a morally acceptable version of an otherwise repugnant market, some of these markets may be infeasible, and so we are not permitted to implement them. After laying out this challenge, I consider several replies. They concern the relevance of feasibility, and whether any markets really are infeasible. This provides an opportunity to explore the dangers of pursuing the infeasible and with markets generally. I conclude by considering what might lead us to pursue these markets despite their infeasibility, or how knowledge of infeasibility may prove useful regardless. (shrink)

Economistic Business Ethics Denial (BED) is the belief that contemporary business has features that make it systematically incompatible with ethics. Using over 1200 participants across seven separate samples we established the substantive validity of a BED Scale, confirmed its theorized structure, psychometric properties, convergent, and discriminant validity. The results suggest that the scale assesses four correlated factors of economistic BED. The scale can be used in future research on ethical decision making in business, and business ethics education.

I aim in this paper to provide defense of one way to look at what should be regulated in the market place. In particular, I discuss what should be tolerated and argue against corporate welfare. I begin by endorsing John Stuart Mill’s harm principle as a normative principle of toleration. I call strict commitment to the harm principle when considering the regulatory structure of markets market libertarianism and oppose that to promotionism, the view that endorses government interference to promote business (...) interests. I next discuss the widespread use of promotionist policies, arguing against them and for market libertarianism. I also consider problems for my view, recognizing that one of my responses may leave some thinking the paper is a reductio of the market libertarian view because of the sort of slow-growth state it endorses. Others will recognize it as a view promoted by some of the U.S. founding fathers and find it attractive in its own right. (shrink)

Kates argues that ex ante contractualism fails to defend interference with sweatshops on moral grounds. In this commentary, I argue that Kates does not apply this approach correctly. Ex ante contractualism, indeed, successfully defends interference and thus should still be considered an appealing alternative to other moral approaches for evaluating when and how to interfere in sweatshop conditions to help workers.

Employers seeking to control employee behavior outside of working hours is nothing new. However, recent developments have extended efforts to control employee behavior into new areas, with new significance. Employers seek to control legal behavior by employees outside of working hours, to have significant influence over employee’s health-related behavior, and to monitor and control employee’s social media, even when this behavior has nothing to do with the workplace. In this article, I draw on the work of political theorists Jon Elster, (...) Gerald Gaus and Michael Walzer, and privacy scholars Daniel Solove and Anita Allen, to show what is wrong with this extension of employer control of employee’s outside of work behavior. I argue that there are ethical limits on the controls that employers may put on their employees’ out of work behavior, and that many of these limits should be enshrined into legal protections which would prevent employers from conditioning employment on the regulations criticized. -/- (Please note that the version of this paper on SSRN is a pre-publication version. Please cite and refer to the published version when possible.). (shrink)

Animals have moral status, and we have corresponding obligations to take their interests into account. I argue that Stakeholder Theory provides a moderate, yet principled way for businesses to do so. Animals ought to be treated as stakeholders given that they affect and are affected by the achievement of the objectives of the businesses in which they are involved. Stakeholder Theory therefore requires taking those interests into account. It does not, however, require that they be given the same weight as (...) human interests. By taking the stakeholder approach, businesses can avoid merely reacting to (rapidly increasing) public outcry over the treatment of animals. Even those who hold extreme positions—that businesses have no obligations to animals, or that animal products and services are inherently immoral—can take the treatment of animals as stakeholders to provide an ethical realpolitik of sorts that is both better for animals and better for business. (shrink)

Some sharing economy firms have adopted a strategy of “regulatory entrepreneurship,” openly violating regulations with the aim of rendering them dead letters. This article argues that in a democracy, regulatory entrepreneurship is a presumptively unethical business strategy. In all but the most corrupt political environments, businesses that seek to change their regulatory environment should do so through the democratic political process, and they should do so without using illegal business practices to build a political constituency. To show this, the article (...) defends a qualified moral obligation for businesspeople to obey the law even in societies that fall short of ideal democracy and that are rife with economic injustice. Owners and managers of successful businesses have strong moral reasons to obey laws concerning resource allocation. Such laws include not only property law, but also tax laws, environmental regulations, and other laws that regulate businesses in competitive markets. The moral reasons to obey such laws apply even to laws that business leaders think unfair or inefficient, provided that the laws in question have reasonable, good faith defenders. (shrink)

In this paper, I argue that businesses bear a pro tanto, negative, moral obligation to refuse to engage in economic relationships with representatives of intolerable ideologies. For example, restaurants should refuse to serve those displaying Nazi symbols. The crux of this argument is the claim that normal economic activity is not a morally neutral activity but rather an exercise of political power. When a business refuses to engage with someone because of their membership in some group, e.g., Black Americans, this (...) is a use of political power to signal that Black Americans are other. Conversely, when businesses engage with someone who is clearly representing an intolerable ideology, this is a use of political power that signals the acceptability of that ideology. Businesses should not do this. (shrink)

Strategies are mentioned across a variety of domains, from business ethics, to the philosophy of war, philosophy of sport, game theory, and others. However, despite their wide use, very little has been said about how to think about what strategies are or how they relate to other prominently discussed concepts. In this article, I probe the close connection between strategies and plans, which have been much more thoroughly characterized in the philosophy of action. After highlighting the challenges of analyzing strategies (...) in terms of plans, I show how the work done on the connection between plans and intentions can inspire further questions about the nature of strategy. I conclude by showing how one particular innovation in the understanding of plans—how they can be more or less partial—can be used to help us to mark what makes for a good strategy. (shrink)

In this paper, I defend what may seem a surprising view: that John Stuart Mill’s famous harm principle would, if taken to be what justifies government action, disallow the existence of corporations. My claim is not that harmful activities of currently existing corporations warrants their losing corporate status according to the harm principle. The claim, rather, is that taken strictly, the harm principle and the legal possibility of incorporation are mutually exclusive. This view may be surprising—and I do not at (...) all mean to attribute it to Mill—but if I am right, it should be obvious. It should also encourage us to think more about the nature of the markets within which business occurs. (shrink)

Spoofing is the act of placing orders to buy or sell a financial contract without the intention to have those orders fulfilled in order to create the impression that there is a large demand for that contract at that price. In this article, I deny the view that spoofing in financial markets should be viewed as morally permissible analogously to the way bluffing is permissible in poker. I argue for the pro tanto moral impermissibility of spoofing and make the case (...) that spoofing is disanalogous from bluffing in at least one important regard—speculative trading serves an important economic role, whereas poker does not. (shrink)

Timothy Hsiao asks a good question: Why believe animals deserve moral consideration? His answer is that we should not. He considers various other answers and finds them wanting. In this paper I consider an answer Hsiao has not yet discussed: We should accept a conservative view about how to form beliefs. And such a view will instruct us to believe that animals deserve moral consideration. I think conservatives like Hsiao do best to answer his question in a way that upholds (...) the moral status of animals. Since my answer is one Hsiao has not yet addressed, it is compatible with the main points he makes against various other motivations in his many papers on this topic. So my paper should be understood as an invitation to Hsiao to consider another answer. (shrink)

Recently, dramatic price increases by several pharmaceutical companies have provoked public outrage. These scandals raise questions both about how pharmaceutical firms should be regulated and about how pharmaceutical executives ethically ought to make pricing decisions when drug prices are largely unregulated. Though there is an extensive literature on the regulatory question, the ethical question has been largely unexplored. This article defends a Kantian approach to the ethics of pharmaceutical pricing in an unregulated market. To the extent possible, pharmaceutical companies must (...) price drugs so that those who genuinely need them can get them without financial ruin. This requirement is an ethical side constraint, like the moral prohibitions on deception and theft, that takes precedence over a business’s interest in maximizing profit. That said, the requirement’s application is sensitive to the need to recoup the costs of research and to produce a return that financially justifies the original investment. It may not be either feasible or desirable for government to attempt to enforce the ethical requirements concerning just pharmaceutical pricing. Either price regulation or subsidy could fulfill government’s obligation to protect patients from being objectionably vulnerable to pricing decisions by private companies. (shrink)

This case study analyzes precarious employment from the perspective of different theories of distributive justice. Its purpose is to serve as a learning tool for students in business ethics courses.

This study adds to the existing literature on meaningful work by offering a cross-cultural perspective. Since work shapes the kind of person that we are and plays an important role in our well-being, some theorists have adopted a virtue theory approach to meaningful work using an Aristotelian-MacIntyrean framework. For lack of a better term, I will call this a western virtue theory. This paper presents a contemporary virtue-focused Buddhist perspective on the topic. While a virtue-ethics interpretation of Buddhism is now (...) widely accepted and has been applied to several issues, not much has been written about meaningful work using a Buddhist-Aristotelian comparative framework. Buddhism is an important cultural component not only of countries that are predominantly Buddhist, but of other societies that have come in contact with it. To develop a Buddhist framework, I draw heavily from the works of Buddhist scholars, particularly in the West who use a virtue framework in interpreting Buddhism. The aims of my essay are dual. The first is to articulate a straightforward application of Buddhism on the contemporary ethical discussion of meaningful work. The second is to discuss the similarities, clarify the differences, and demonstrate the strengths and weaknesses relative to each other of the Buddhist and the Western virtue theory perspectives. In my analysis, I argue that consideration of Buddhist perspective will enable us to construct a cross-cultural, inclusive, and pluralistic conceptual model for the deliberation of meaningful work that complements the Western virtue theory. (shrink)

One can work for another person, probably for all the others in an ethical way, and not for money. This is the main idea pursued in this article. When it comes to labour, we are inclined to deal with Marx. But even Marx apparently did not notice this ethical side of labour, because his focus was mainly on the creation of value, which was common among thinkers at that time, such as Locke and Smith. In contrast, Hegel consistently tackled the (...) same issue from another angle: ethics. In terms of this, he went so far as to say the dignity of humans should be located in labour. We shed light on this very aspect of Hegel’s philosophy by reference to Alexandre Kojève’s famous commentary, Introduction à la lecture de Hegel. (shrink)

The 'critical turn' in tourism studies is defined as a research perspective that explores social transfor- mation in and through tourism by facing the negative impact of strategic-instrumental rationality on this activity. This work explores the features of discourse ethics that may normatively support tourism transformation, a gap that has not been thoroughly discussed in tourism research. For this purpose, the study combines the use of critical and ethical theory with an analysis of discourse ethics in tourism literature to demonstrate (...) that the use of Habermasian discourse ethics needs to be complemented with the Apelian approach. Through these steps the work reveals the theoretical bases of discourse ethics to discuss whether understandings between stakeholders guided by strategic-instrumental rationality can be reached not only in the political sphere —Habermas—, but also in the ethical field —Apel. (shrink)

Without doubt, the global challenges we are currently facing—above all world poverty and climate change—require collective solutions: states, national and international organizations, firms and business corporations as well as individuals must work together in order to remedy these problems. In this chapter, I discuss climate change mitigation as a collective action problem from the perspective of moral philosophy. In particular, I address and refute three arguments suggesting that business firms and corporations have no moral duty to reduce greenhouse gas emissions: (...) (i) that business corporations are not appropriate addressees of moral demands because they are not moral agents, and (ii) that to the extent that they are moral agents their primary moral obligation is to their owners or shareholders, and (iii) the appeal to the difference principle: that individual business corporations cannot really make a significant difference to successful climate change mitigation. (shrink)

Cloud computing is rapidly gaining traction in business. It offers businesses online services on demand (such as Gmail, iCloud and Salesforce) and allows them to cut costs on hardware and IT support. This is the first paper in business ethics dealing with this new technology. It analyzes the informational duties of hosting companies that own and operate cloud computing datacenters (e.g., Amazon). It considers the cloud services providers leasing ‘space in the cloud’ from hosting companies (e.g, Dropbox, Salesforce). And it (...) examines the business and private ‘clouders’ using these services. The first part of the paper argues that hosting companies, services providers and clouders have mutual informational (epistemic) obligations to provide and seek information about relevant issues such as consumer privacy, reliability of services, data mining and data ownership. The concept of interlucency is developed as an epistemic virtue governing ethically effective communication. The second part considers potential forms of government restrictions on or proscriptions against the development and use of cloud computing technology. Referring to the concept of technology neutrality, it argues that interference with hosting companies and cloud services providers is hardly ever necessary or justified. It is argued, too, however, that businesses using cloud services (banks, law firms, hospitals etc. storing client data in the cloud, e.g.) will have to follow rather more stringent regulations. (shrink)

Critics of commodification often claim that the buying and selling of some good communicates disrespect or some other inappropriate attitude. Such semiotic critiques have been leveled against markets in sex, pornography, kidneys, surrogacy, blood, and many other things. Brennan and Jaworski (2015a) have recently argued that all such objections fail. They claim that the meaning of a market transaction is a highly contingent, socially constructed fact. If allowing a market for one of these goods can improve the supply, access or (...) quality of the good, then instead of banning the market on semiotic grounds, they urge that we should revise our semiotics. In this reply, I isolate a part of the meaning of a market transaction that is not socially constructed: our market exchanges always express preferences. I then show how cogent semiotic critiques of some markets can be constructed on the basis of this fact. (shrink)

This case study analyzes the Fair Trade coffee label "Café Feminino" (as well as Fair Trade more generally) from the perspective of different theories of distributive justice. Its purpose is to serve as a learning tool for students in business ethics courses.

Die Diversität von Nahrungspflanzen, ein Ergebnis Jahrtausende langer Zuchtbemühungen, ist in den letzten Jahrzehnten dramatisch zurückgegangen. Schätzungen zufolge machen von den über 7000 Nahrungspflanzenarten ganze 103 Sorten 90% der Nahrungsmittelproduktion aus. Dieser Verlust könnte in Zukunft gewaltige negative Auswirkungen auf die Nahrungsmittelsicherheit haben, da die Biodiversität eine zentrale Rolle bei der Absorbierung biotischer und abiotischer Stressfaktoren spielt, die auf die Pflanzen wirken. Darüber hinaus stellt der Verlust eine bedeutende Verarmung nicht nur des Pools genetischer Ressourcen dar, die zukünftigen Generationen zur (...) Verfügung stehen, sondern auch der kulturellen Diversität, indem die Nahrungsmittelvielfalt der Landesküchen eingeschränkt und sowohl Kulturlandschaften als auch Stadtgärten vereinheitlicht werden. Wegen der grundlegenden Funktion, die die Agrobiodiversität in der menschlichen Gesellschaft erfüllt, werden wir im Folgenden verschiedene Schwierigkeiten bei der Pflege der Agrobiodiversität als ein gemeinsames Erbe der Menschheit in einer stark ungleichen Welt erörtern. Zuvor jedoch möchten wir untersuchen, was Agrobiodiversität eigentlich ist und welche Funktion sie für das menschliche Wohlbefinden erfüllt. Ziel dieses Artikels ist zu zeigen, inwieweit sich verschiedene Anreizsysteme unterschiedlich auf den Erhalt von Agrobiodiversität auswirken. (shrink)

The globalization of and technological challenge to the world's workers generate profound ethical problems. Suitable solutions will require governments and civil societies to move beyond the modern tendencies to divinize property rights and base people's income eligibility almost exclusively on their work. Some attention is being paid to the issues involved therein so as to achieve better work/life balance. In some places, in fact, resource-based wealth has been distributed to all citizens, even to those not directly involved in generating the (...) wealth. To maintain and grow such arrangements will be difficult so long as traditional capitalist values like property rights and the work ethic remain dominant. Until this worldview is modified, only the independently wealthy will be able to live decent lives without engaging in wage work. But wageworkers' ability to find such work indefinitely is not assured. (shrink)

La prevención de riesgos laborales y la responsabilidad social empresarial son disciplinas que están directamente relacionadas, ya que dentro de sus objetivos se encuentra garantizar el bienestar, la seguridad y salud de los trabajadores en calidad de grupo de interés prioritario. En este sentido, el propósito del presente texto yace en demostrar el papel que tiene la gestión de los riesgos asociados al trabajo en la implementación de estrategias de responsabilidad social en las organizaciones, analizando las iniciativas más reconocidas que (...) existen al respecto, de tal modo que sirva de base para las empresas que están en el camino hacia una gestión integral y socialmente responsable. (shrink)

Taking into consideration the extremely harsh public health conditions faced by the majority of the world population, the Health Impact Fund (HIF) proposal seeks to make the intellectual property regimes more in line with human rights obligations. While prioritizing access to medicines and research on neglected diseases, the HIF makes many compromises in order to be conceived as politically feasible and to retain a compensation character that makes its implementation justified solely on basis of negative duties. Despite that current global (...) health realities make such steps reasonable, the paper looks up the negative effects on one overlooked human right: the right to participate in scientific advancement. (shrink)

Referring to the difference between Stakeholder Theory and Shareholder Theory, the ethical direction for companies to take is deeply discussed.

In this paper, I first argue that waste is best understood as (a) any process wherein something useful becomes less useful and that produces less benefit than is lost—where benefit and usefulness are understood with reference to the same metric—or (b) the result of such a process. I next argue for the immorality of waste. My concluding suggestions are that (W1) if one person needs something for her preservation and a second person has it, is avoidably wasting it, and refuses (...) to allow the first to make some greater use of it, the second may be morally wrong and that (W2) if one person needs something for her preservation understood according to her metric and a second person has it, is avoidably wasting it according to his own metric, and refuses to allow the first to make some greater use of it, the second is morally wrong. (shrink)

This book is concerned with helping you improve your approach to decision-making. The author examines judgement in a selection of managerial contexts and provides important understanding that can help you make better leadership decisions. The book also pinpoints the in-house politics of organisational decision-making. Drawing on the very latest research, it introduces practical techniques that show you how to analyse and develop your own decision-making style. It will help you to deliver sharp and insightful analyses of your business and develop (...) effective solutions. In addition, it presents simple checklists that will give you vital insights throughout the decision-making process. Students and practitioners of leadership, management, and allied fields will find this book useful in order to understand and implement useful methods. (shrink)

A discussion of McCloskey's argument for bourgeois virtue ethics in 'Bourgeois Virtues'. I criticise the opposition of Adam Smith's and Kant's ethics, arguing that Kant and Smith share much more than the author believes. I criticise the idea that what is most respectable in modern liberal-democratic societies is a gift of Capitalism, arguing that it is a gift of movements, associations, networks, and religious communities that strenuously resisted for a couple of centuries to 'Capitalism'.

A reconstruction of the notion of Market in the history of economic ethics and economic theory.