This article explores the law and ethics of lobbying. The legal discussion examines disclosure regulations, employment restrictions,bribery laws, and anti-fraud provisions as each applies to the lobbying context. The analysis demonstrates that given the social value placed on the First Amendment, federal law generally affords lobbyists wide latitude in determining who, what, when, where, and how to lobby.The article then turns to ethics. Lobbying involves deliberate attempts to effect changes in the law. An argument is advanced that because law implicates (...) the use of force and because law ideally reflects the values of a democratic society, seeking to slant the law to serve a client’s narrow interests cannot provide an adequate ethical end for a lobbyist. On the contrary, a lobbyist has an affirmative moral duty to seek reasonably balanced and just laws. The article examines, refines, and defends this proposition in a number of settings. (shrink)

Research on corporate political activity has considered a number of antecedents to a firm’s engagement in politics. The majority of this research has focused on either industry or firm-level motivations that lead to corporate political activity, leaving the role of the firm’s leader noticeably absent in such scholarship. This article combines ideas from Upper Echelons Theory with research in corporate political activity to bridge this important gap. More specifically, this research utilizes CEO demographic characteristics to determine whether a firm will (...) invest in political activity and how these characteristics influence the particular approach to political activity the firm undertakes. Considering 27 years of data from large U.S. firms, we find that a CEO’s age, tenure, functional, and educational backgrounds influence whether and how the firm invests in political activity. (shrink)

ABSTRACT:Reports of widespread misconduct in organizations have become sadly commonplace. Sexual abuse in the Catholic Church, accounting fraud in large corporations, and physical and sexual harassment in the military implicate not only the individuals involved, but the organizations and fields in which they happened. In this paper we describe such situations as instances of “moral collapse” and develop a multi-level theory of moral collapse that draws on institutional theory as its central orienting lens. We draw on institutional theory because of (...) its explicit concern with the relationships among individual beliefs and actions, the organizations within which they occur, and the collective social structures in which norms, rules and beliefs are anchored. Our theory of moral collapse has two main elements. First, we argue that morality in organizations is embedded in nested systems of individuals, organizations and moral communities in which ideology and regulation flow “down” from moral communities through organizations to individuals, and moral ideas and influence flow “upward” from individuals through organizations to moral communities. Second, we argue that moral collapse is associated with breakdowns in these flows, and explore conditions under which such breakdowns are likely to occur. (shrink)

As each week beings more stories of doctors, lawyers and other professionals abusing their powers, while clients demand extra services as at a time of shrinking resources; it is imperative that all practising professionals have an understanding of professional ethics. In _The Ground of Profesional Ethics_, Daryl Koehn discusses the practical issues in depth, such as the level of service clients can justifiably expect from professionals, when service to a client may be legitimately terminated and circumstances in which client confidences (...) can be broken. She argues that, while clients may legitimately expect professionals to promote their interests, professionals are not morally bound to do whatever a client wants. _The Ground of Professional Ethics_ is important reading for all practising professionals, as well as those who study or have an interest in the subject of professional ethics. (shrink)

This paper presents an ethical approach to the use of lobbying within the context of the relationships among U.S. organizations, their lobbyists, and government officials. After providing a brief history of modern-day lobbying activities, lobbying is defined and described focusing on its role as a strategic marketing tool. Then ethical frameworks for understanding the impact of these practices on various external constituencies are delineated with an emphasis on the communitarian movement advanced by Etzioni. Consistent with the call for "informed advocacy" (...) by Laczniak (1993), the paper closes with an examination of the ethics of specific lobbying activities. (shrink)

Rather than being inherently evil, business lobbying is a socially responsible activity which needs to be restrained by ethical standards. To be effective in a business environment, traditional ethical standards need to be translated into language which business persons can speak comfortably. Economical explanations must also be available to explain why ethical standards are appropriate in business. Eight such standards and their validating arguments are proposed with examples showing their use. Internal dialogues regarding the ethics of lobbying objectives and tactics (...) will plausibly occur only in businesses which recognize social responsibility mandates. Public interest stakeholders could hasten this recognition by making use of information made available by the Lobbying Disclosure Act of 1995 to institute external dialogues regarding lobbying by specific businesses and industry groups. Given practical ethical standards and the information on business lobbying provided by the law, the press, corporate activists, consumers, pension fund managers and the public can apply pressure for ethical lobbying practices. (shrink)

Conversely to the United States, lobbying consulting in France is a relatively recent activity and is perceived negatively by a majority of the population. Influencing public decision-making is certainly a sensitive occupation at both managerial and societal levels. This is why ethics applied to business can play a central role while establishing the practice of lobbying in France. This paper examines the issues and the practices of ethics in lobbying consulting. The field for this exploratory study is a lobbying consultancy (...) firm based in France. Our research is developed through a 3-month participant observation and complemented with secondary data on the lobbying profession in France. The results of this research are developed along two lines: The practice of ethics in lobbying consultancy firms reveals its limits as well as a framework worth developing. The players and the represented client topics are potential dangers for ethical lobbying firms. This intervention research has nevertheless allowed us to observe the emergence of an effective regulation approach: the ethics of exemplarity as potentially illustrated by a representative actor of the French lobbying consulting profession. The stakes of ethics are both internal and external to lobbying consulting professionals in France. Internally, ethics act as a structuring element enabling this profession to establish itself with practices and deontological codes; externally, it clarifies the relationship between lobbying consultants and their major stakeholders including customers, government, and the civil society. (shrink)

This conceptual article draws on structuration theory and social identity theory to isolate firm-internal institutionalization processes as antecedents and drivers of corporate political strategizing. Path dependencies in corporate routines and actors' knowledgeability about these path dependencies are singled out as primary factors structuring strategic decision making within the firm. The concepts of path dependency and knowledgeability, respectively, refer to the institutional and cognitive dimension of corporate political strategizing. These two dimensions come together in actors' identities. Identities on their turn shape (...) managers' recognition of policy issues and the interpretation of issue salience relative to corporate interests. Thus, the article argues that institutional features of competitive environments precipitate in processes of identity building and preference formation and are reproduced through organizational routines and practices within the firm. (shrink)

This article explores the strategic management of government affairs in companies active in the EU. The article relies on a unique large-N dataset on the functioning and staffing of EU government affairs. The analysis shows that companies delegate government affairs functions to in-house managers with specific competences, who stay in office for long periods and who have an extensive knowledge of the core competences of the company, thanks to their educational background and work experience in the private sector. These findings (...) suggest that how companies strategically manage and staff government affairs in Brussels rests on the distinct structure of business–government relations in the EU, which are based on the exchange of technical information and the establishment of credibility and long-run trust arrangements. (shrink)

This study integrates the research on corporate political strategy and corporate governance. Using the agency theory perspective, this study examines how corporate governance mechanisms such as institutional ownership, insider ownership, and long-term executive compensation affect a firm’s political strategy approach. This study proposes that an agency problem may occur between owners and managers in regard to firms’ approach to corporate political strategy. Since a relational approach to corporate political strategy, such as establishing a government relations office in Washington, DC, requires (...) significant resource commitments without guaranteeing a favorable policy change, shareholders might be reluctant to approve such an approach. In a sample of 3,417 U.S. manufacturing firms, over 5 years of data, the results show that institutional ownership and insider ownership are negatively associated with firms’ propensity to engage in a relational approach to political strategy. (shrink)

The authors give a critical reading of the research interests of state-of-the-art corporate political activity literature. They demonstrate that a noncritical tendency in the literature to view CPA as a strategic activity, aimed at making profit, may encourage firms to sociopathic behavior in their political activities. Using psychiatric literature, the authors explore the nature of sociopathic CPA. They draw on a recent discussion initiated by virtue theorists, exploring firm moral agency in order to suggest the opening of several new research (...) areas, within CPA literature, more sensitive to moral questions. (shrink)

Students coming into a third-year business ethics course I teach are often confused about the use and meaning of the terms social responsibility and ethics. This motivated me to take a closer look at a sample of the management and business ethics literature for an explanation of their confusion. I found that there are inconsistencies in the way the two terms are employed and the way the concepts are defined. This paper identifies the different ways the relationship between social responsibility (...) and ethics has been represented, the various uses of these two terms, and the contrasting views regarding the connection between morality and ethics. While this analysis does not resolve any difficult substantive questions, it does provide conceptual clarity as a necessary first step towards facilitating students critical engagement with the substantive issues. (shrink)

“Responsible lobbying” is an increasingly salient topic within business and management. We make a contribution to the literature on “responsible lobbying” in three ways. First, we provide novel definitions and, thereby, make a clear distinction between lobbying and corporate political activity. We then define responsible lobbying with respect to its content, process, organization, and environment, resulting in a typology of responsible lobbying, a conceptual model that informs the rest of the paper. Second, the paper provides a thematic overview of the (...) current literature underpinning lobbying and the responsible firm, and the underlying paradigms informing this literature. Third, the paper makes specific suggestions for a future research agenda, ending with a consideration of methodological implications of such research. (shrink)

This article is concerned with the moral permissibility of corporate political activities under the existing legal framework in the United States. The author unpacks and examines the standard case for and against the involvement of business in lobbying and electoral activities. And the author provides six objections against the standard arguments and proposes that the wrongness of corporate political activities does not have much to do with its potential social consequences but rather with nonconsequentialist considerations. The author’s ultimate aim is (...) to make sense of the intuition that corporate political spending is morally objectionable. The author argues that his case against corporate political spending fares better than the standard case. What is wrong with the current system of regulation of corporate lobbying and campaign finance is that it is inconsistent with the principles of political equality and consent. By taking advantage of this unfair regulatory framework, business firms are making a contribution to undermine the basis of a robust democratic regime at both the societal and the corporate level. (shrink)