This article addresses the connection of ethics to risk management, and argues that there are compelling reasons to consider good ethical practice to be an essential part of such risk management. That connection has significant commercial outcomes, which include identifying potential problems, preventing fraud, the preservation of corporate reputation, and the mitigation of court penalties should any transgression arise. Information about the legal position, examples of cases, and arguments about the potential benefits of ethics are canvassed. The orientation of this (...) article is essentially Australian. It is hoped that it may provide some insights of value to other countries. (shrink)

Unbundling -- or the breaking up of conglomerates into smaller independent companies -- normally has very little to do with morality, because decisions to unbundle are usually taken on pure strategic business grounds. However, the way unbundling was introduced into the debate about the restructuring of the South African economy by the African National Congress (ANC), gave unbundling some very distinct moral undertones. In this paper the moral arguments in support of and in opposition to unbundling within the South African (...) context are identified. It is then argued that these rival sets of arguments can be related back to two different sets of moral convictions about redistributive justice. The author argues that the impact of the prevailing moral dissensus on moral decision-making should be given due consideration when dealing with moral disputes such as unbundling. In the final part of the paper an illustration is given of how the moral dispute about unbundling should be approached amidst the mentioned moral dissensus. (shrink)

This article brings forward the argument that the practical implementation of a corporate governance code cannot be realized by a compliance program alone. Its relevance in everyday business is determined by the moral values of the company culture. In this context, governance is defined as a company’s resources and capabilities, including the moral resources, to take on responsibility for all its stakeholders. A critical discussion of the agency theory, transaction cost theory, and organization theory shows that such an approach is (...) possible only when a company is not perceived as a maximizing machine for shareholders’ interests but as an economic form of cooperation of internal and external resources and stakeholders. An empiric study on 22 European corporate governance codes shows that the predominant majority of European codes orientate themselves to stakeholders and the company. The discussion of the empirical data reveals six basic principles that determine all European corporate governance codes: shareholder rights, transparency, voting rights, regulation of remuneration, design of organizational structures, and corporate social responsibility. (shrink)