ABSTRACT:Legal scholars and business ethicists are interested in many of the same core issues regarding human and firm behavior. The vast amount of legal research being generated by nearly 10,000 law school and business law scholars will inevitably influence business ethics research. This paper describes some of the recent trends in legal scholarship and explores its implications for three significant aspects of business ethics research—methodology, theory, and policy.

International business faces a host of difficult moral conflicts. It is tempting to think that these conflicts can be morally resolved if we gained full knowledge of the situations, were rational enough, and were sufficiently objective. This paper explores the view that there are situations in which people in business must confront the possibility that they must compromise some of their important principles or values in order to protect other ones. One particularly interesting case that captures this kind of situation (...) is that of Google and its operations in China. In this paper, I examine the situation Google faces as part of the larger issue of moral compromise and integrity in business. Though I look at Google, this paper is just as much about the underlying or background views Google faces that are at work in business ethics. In the process, I argue the following: First, the framework Google has used to respond to criticisms of its actions does not successfully or obviously address the important ethical issues it faces. Second, an alternative ethical account can be presented that better addresses these ethical and human rights questions. However, this different framework brings the issue of moral compromise to the fore. This is an approach filled with dangers, particularly since it is widely held that one ought never to compromise one’s moral principles. Nevertheless, I wish to propose that there may be a place for moral compromise in business under certain conditions, which I attempt to specify. (shrink)

Marcoux argues that job candidates ought to embellish non-verifiable information on their résumés because it is the best way to coordinate collective action in the résumé ‚game’. I do not dispute his analysis of collective action; I look at the larger picture, which throws light on the role game theory might play in ethics. I conclude that game theory’s conclusions have nothing directly to do with ethics. Game theory suggests the means to certain ends, but the ethics of both the (...) means and ends must be assessed separately before any ethical recommendation can␣be made. Marcoux makes several highly disputable assumptions in order to fit résumés into game theory; his analysis does not take into account the consequences that embellishing has beyond the submission and assessment of␣résumés; his argument depends on his claim that a résumé system in which everyone embellishes is attainable; and finally, his argument relies on an idealization of human␣motivation, rather than abstraction. I conclude that candidates should never embellish their résumés. (shrink)

Gaski (1999) is critical of marketing ethics and suggests that its ethical guidelines amount to no more than "obey the law" and "act in your self-interest". This reply questions Gaski''s critique and clarifies possible misconceptions about the field that might otherwise result. It identifies the limitations and assumptions of Gaski''s argument and shows that there are exceptions to his central proposition even when narrowly circumscribed. It is not disputed that there is merit to reminding managers of their obligations to obey (...) the law and to act in their enlightened self-interest. However, although fulfilling these obligations is generally a necessary requirement for good conduct, it is not sufficient. There are situations where ethics demands more of marketing managers than "obey the law" and "act in your self-interest". In addition, managers may face situations where ethics, the law and self-interest are inconsistent. The article incorporates observations on the role of normative marketing ethics, including the requirement to develop ethical theory for marketing as well as ethical guidelines. (shrink)

Abstract:Should the responsibilities of business managers be understood independently of the social circumstances and “market forces” that surround them, or (in accord with empiricism and the social sciences) are agents and their choices shaped by their circumstances, free only insofar as they act in accordance with antecedently established dispositions, their “character”? Virtue ethics, of which I consider myself a proponent, shares with empiricism this emphasis on character as well as an affinity with the social sciences. But recent criticisms of both (...) empiricist and virtue ethical accounts of character deny even this apparent compromise between agency and environment. Here is an account of character that emphasizes dynamic interaction both in the formation and in the interplay between personal agency and responsibility on the one hand and social pressures and the environment on the other. (shrink)

Bypassing occurs on sharing platforms when users decide to finalize the exchange directly with each other and engage in tactics to circumvent the payment stage. While previous studies have focused on the antecedents associated with bypass practices, more research is needed to better understand the prevalence of bypassing, which bypass practices are enacted, which types of users bypass, and which do not. Using a mixed-methods design, we first conduct semi-structured interviews (_N_ = 19) to identify several motivations behind bypass tactics (...) that complement the existing literature. We also establish four different bypassing behaviors: (1) paying the other peer directly, (2) transacting via another platform, (3) a combination of on- and off-platform booking, and (4) repeat transactions. Next, by carrying out cluster analysis on a sample of Airbnb users (_N_ = 416), we uncover three groups of bypassers: serial maximizers, rookies, and safe players. Further analysis of Airbnb users who have never bypassed shows that they can be categorized into three additional segments: risk-conscious users, hassle-avoiders, and borderline bypassers. Each of these six groups corresponds to a specific profile, which we describe and characterize based on motivational, relational, and psychographic factors. This research provides an actionable segmentation framework that will help sharing platform managers develop tailored bypass mitigation strategies. (shrink)

Although the managerial practice of cheating spans complex and heterogeneous situations, most business ethics scholars consider that the very idea of cheating is indefensible on moral grounds, and quickly dismiss it as wrongdoing. This paper proposes to fine-tune this conventional moral assessment by arguing that some forms of cheating can be justified—or at least excused. To do so, it starts with a value-free definition of cheating that covers a wide diversity of situations: “breaking the rules while deliberately leading or allowing (...) others to think they have been respected.” While using this definition at the metaethical level, the paper contends that the moral assessment of cheating depends on the obligation to comply with the rules. There are rules which do not entail moral obligations, and there are special circumstances where other more important obligations override the obligation to comply with the rules. Furthermore, the paper argues that respecting the penalty rules also influences the moral assessment of cheating on the rules. The key interest of this endeavor lies in contributing to building a more solid theoretical framework for the study of cheating in management, which may replace our common prejudices and basic intuitions on this matter. (shrink)

The first issue of BusinessEthics Quarterlyappeared five years ago. This article classifies the content of the 141 articles that have appeared since that time along 18 dimensions, and 118 categories within those dimensions, to determine trends within the discipline. The major trend appears to be a shift in focus towards the increased discussion of a new approach/paradigm for the field, and towards a normative/descriptive interface of the theory. The major problem seems to be a lack of explicit conceptual definition and (...) beginning empirical effort to support that new focus, which may thus prove unsustainable over time. (shrink)

Abstract:Social contract is rapidly becoming one of the significant alternatives for analyzing ethical issues in business. Contractarian approaches emphasizing consent as a means of justifying principles can provide needed context for rendering normative judgements concerning economic behaviors. Current research issues include developing tests of consent for both hypothetical and extant social contracts, and empirically testing the assumptions of the major contractarian approaches. Open questions include exploring the relationship between contractarian business ethics and other approaches, such as stakeholder management and virtue (...) based ethics; and analysis of the intersection of contractarian approaches with the findings and assumptions of the field of moral psychology. Finally, the managerial utility of social contract based approaches needs to be explored with emphasis on identifying “translator” concepts. (shrink)

This study investigates how tone at the top, implemented by top management, and tone at the bottom, in an employee’s immediate work environment, determine noncompliance. We focus on the disallowed actions of employees that improve their own and, in turn, the company’s performance, referred to as performance-improving noncompliant behavior. We conduct a survey of German sales employees to investigate specifically how, on the one hand, corporate rules and performance pressure, both implemented by top management, and, on the other hand, others’ (...) PINC expectations and others’ PINC behavior, both arising from the employee’s immediate work environment, influence PINC behavior. When considered in isolation, we find that corporate rules, as top management’s main instrument to guide employee behavior, decrease employee PINC behavior. However, this effect is negatively influenced by the employees’ immediate work environment when employees are expected to engage in PINC or when others engage in PINC. In contrast, even though top management places great performance pressure on employees, that by itself does not increase PINC behavior. Overall, our study informs practitioners and researchers about whether and how the four determinants increase or decrease employees’ PINC behavior, which is important to comprehend triggers and to counteract such misconduct. (shrink)

This study investigates the role that moral identity, religiosity, and the institutionalization of ethics play in determining the extent of justification of norm violating behavior among business practitioners. Moral justification is where a person, rather than assuming responsibility for an outcome, attempts to legitimize ethically questionable behavior. Results of the study indicate that both the internalization and symbolization dimensions of moral identity as well as intrinsic religiosity and the explicit institutionalization of ethics within the organization are significant determinants of the (...) moral justification of unethical behaviors. (shrink)

Although the literature on organizational justice enactment is becoming richer, our understanding of the role of the deontic justice motive remains limited. In this article, we review and discuss theoretical approaches to and evidence of the deontic justice motive and deontic justice enactment. While the prevalent understanding of deontic justice enactment focuses on compliance, we argue that this conceptualization is insufficient to explain behaviors that go beyond the call of duty. We thus consider two further forms of deontic behavior: humanistic (...) and supererogatory behavior. Drawing on the concepts of situation strength and person strength, we further argue that the reduced variance in behavior across morally challenging situations makes deontic justice enactment visible. We thus observe deontic justice enactment when an actor’s deontic justice motive collides with strong situational cues or constraints that guide the actor to behave differently. We formulate propositions and develop a theoretical model that links the deontic justice motive to moral maturation and deontic justice enactment. (shrink)

The perplexing relationship between two of the twentieth century’s most important philosophers, Hannah Arendt and Martin Heidegger, has been the subject of much speculation within academic circles. For Arendt, Heidegger was at once, her mentor, her lover, and her friend. In this paper, we juxtapose Arendt’s theory of the banality of evil against her relationship with Heidegger in an effort to consider the question: How does corporeality inform theorizing? In answering this question, we repudiate the conventional reading of the banality (...) of evil, which attributes the theory to Arendt’s analysis of Adolf Eichmann during the latter’s criminal trial for the actions that he perpetrated in the operation of the Holocaust. Instead, we argue that the theory is, more compellingly, reflective of Arendt’s deeply personal attempts at making sense of Heidegger’s decision to affiliate himself with the German Nazi Party in the years preceding, and during, the Second World War. Through this revisionist account of the banality of evil, we animate the idea that theorizing is the discursive corollary, and belongs within the phenomenological parameters, of corporeality. Finally, we contend that any constructive understanding of how corporeality informs theorizing will only be realized, when there is a collapsing of the seemingly impervious philosophical boundaries that demarcate between ontology and epistemology. (shrink)

This article presents moral jurisprudence theory as a systematic approach to business ethics that analogizes core problems of the field to related problems in law. Adapting theoretical approaches from contemporary philosophy of law, the article develops a decision-making method for business ethics.