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Legal issues
Accountability issues
Globalization can affect all stakeholders of the
corporation
Ethical impacts of globalization
International perspectives on business ethics
Different approaches to business ethics
Who is responsible for ethical conduct in business?
Who is the key actor in business ethics?
What are the key ethical guidelines for ethical behaviour?
What are the key issues in business ethics?
What is the most dominant stakeholder management approach?
Regional differences: Europe, North America, Asia
Sustainability: a key goal for business ethics?
Defining sustainability
Sustainable development is development that meets the needs of the present without
compromising the ability of future generations to meet their own needs. (World Commission on
Environment and Development 1987)
Sustainability refers to the long-term maintenance of systems according to environmental,
economic and social considerations
The three components of sustainability
Triple bottom line
Coined by John Elkington
Bottom line thinking suggests sustainability as a goal
Three dimensions:
Environmental perspectives
Economic perspectives
Social perspectives
Corporate commitments to sustainability
Framing Business Ethics:
Corporate Responsibility, Stakeholders, and Citizenship
Lecture 2
Overview
Analyse the notion of responsibility for corporations;
Distinguish the various concepts of CSR;
Present the stakeholder theory of the firm;
Outline the concept of corporate accountability;
Critically examine the notion of corporate citizenship;
Discuss implications of these mostly US-born concepts for different regions
Towards a framework for business ethics
What is a corporation?
Key features of a corporation
A corporation is essentially defined in terms of legal status and the ownership of assets
Corporations are typically regarded as artificial persons in the eyes of the law
Corporations are notionally owned by shareholders, but exist independently of them
Managers and directors have a fiduciary responsibility to protect the investment of shareholders
Can a corporation have social responsibilities?
Milton Friedmans classic article is The social responsibility of business is to increase its
profits (1970)
Friedman vigorously argued against the notion of social responsibilities for corporations based
on three main arguments:
Only human beings have a moral responsibility for their actions
It is managers responsibility to act solely in the interests of shareholders
Social issues and problems are the proper province of the state rather than corporate
managers
Can a corporation be morally responsible for its actions?
Evidence to suggest that legal designation of a corporation makes it unable to be anything but
self-interested (Bakan 2004)
Long, complex debate but generally support from literature for some degree of responsibility
accredited to corporations. Argument based on:
Every organisation has a corporate internal decision structure which directs decisions in
line with predetermined goals (French 1979)
All organisations manifest a set of beliefs and values that lay out what is generally
regarded as right or wrong in the corporation organizational culture (Moore 1999)
Corporate Social Responsibility
Why do corporations have social responsibilities?
Business reasons (enlightened self-interest)
Extra and/or more satisfied customers
Employees may be more attracted/committed
Forestall legislation
Long-term investment which benefits corporation
Moral reasons:
Corporations cause social problems
Corporations should use their power responsibly
All corporate activities have some social impacts
Corporations rely on the contribution of a wide set of stakeholders in society, not just
shareholders
What is the nature of corporate social responsibilities?
Corporate social responsibility includes the economic, legal, ethical, and philanthropic
expectations placed on organizations by society at a given point in time
(Carroll and Buchholtz 2009:44)
Carrolls four-part model of corporate social responsibility
CSR in an international context
CSR strong in US. Influence elsewhere is more recent. This is partly explained by explicit vs.
implicit CSR
Regional differences exist with respect to all CSR levels:
Economic responsibility
Focus in USA on shareholders; France has extensive responsibility for employees;
India has tradition of investment in the local community
Legal responsibility
State seen in Europe as key enforcer of rules; elsewhere government seen with
more scepticism (e.g. corrupt, interfering with liberty)
Ethical responsibility
Wide range of local ethical values & preferences: expectations vary
Philanthropic responsibility
Europe tends to compel giving via legal framework; elsewhere (e.g., USA, India,
China), companies are expected to share their wealth.
CSR and strategy: corporate social responsiveness
Corporate social responsiveness refers to the capacity of a corporation to respond to social
pressures (Frederick 1994)
4 philosophies or strategies of social responsiveness (Carroll 1979)
Reaction
Defence
Accommodation
Proaction
Outcomes of CSR: corporate social performance
Outcomes delineated in three concrete areas:
Social policies
Social programmes
Social impacts
Stakeholder theory of the firm
Stakeholder theory of the firm
Theory developed by Edward Freeman (1984)
A stakeholder of an organization is:
any group or individual who can affect, or is affected by, the achievement of the
organizations objectives (Freeman 1984:46)
More precise definition of affects and affected by (Evan and Freeman 1993)
Principle of corporate rights - the corporation has the obligation not to violate the rights
of others
Principle of corporate effect companies are responsible for the effects of their actions
on others
Stakeholder theory of the firm:
Traditional management model
Stakeholder theory of the firm
Stakeholder theory of the firm:
A network model
Why stakeholders matter
Milton Friedman businesses should only be run in the interests of their owners
Freeman - others have a legitimate claim on the corporation
Legal perspective
Stake in corporation already protected legally in some way (e.g. legally binding
contracts)
Economic perspective
Externalities outside contractual relationships
Agency problem short term interests of owners vs. long term interests of
managers, employees, customers etc.
A new role for management
According to Freeman, this broader view of responsibility towards multiple stakeholders assigns
a new role to management.
Rather than simply being agents of shareholders, management has to take into account the rights
and interests of all legitimate stakeholders:
Stakeholder democracy
Corporate governance
Stakeholder thinking in an international context
One could argue that although the terminology of stakeholder theory is relatively new in places
like Europe or Asia, the general principles have actually been practised for some time:
German supervisory board includes employee representatives
Keiretsu system in Japan (Chaebol in Korea), a network of banks, manufacturers,
suppliers and service providers
Different forms of stakeholder theory
Donaldson & Preston (1995):
Normative stakeholder theory: attempts to provide a reason why corporations should
take into account stakeholder interests
Descriptive stakeholder theory: attempts to ascertain whether (and how) corporations
actually do take into account stakeholder interests
Instrumental stakeholder theory: attempts to answer the question of whether it is
beneficial for the corporation to take into account stakeholder interests
Corporate accountability
The firm as a political actor
Corporate accountability
Corporate accountability refers to whether a corporation is answerable in some way for the
consequences of its actions
Firms have begun to take on the role of political actors taken up many of the functions
previously undertaken by government because:
Governmental failure
Increasing power and influence of corporations
Reasons for the political role of the firm
Government failure
Risk society thesis
Rise of subpolitics
Organized irresponsibility
Corporate power on the rise
Liberalization and deregulation results in more power and choice for private actors
Privatization of public services
Responsible for employment decisions
Globalization
Chapter 3
Evaluating Business Ethics:
Normative Ethical Theories
Lecture 3
Overview
Certain basic, important, unalienable entitlements that should be respected and protected in every
single action.
Based on consensus about nature of human dignity
Strongly based in western view of morality
Justice
The simultaneously fair treatment of individuals in a given situation with the result that
everybody gets what they deserve
Fair procedures (procedural justice)
Fair outcomes (distributive justice)
John Rawlss
Theory of Justice
Each person is to have an equal right to the most extensive total system of basic
liberties compatible with a similar system of liberty for all.
Social and economic inequalities are to be arranged so that they are both:
attached to offices and positions open to all under conditions of fair equality of
opportunity.
Limits of traditional theories
Too abstract
Too reductionist
Too objective and elitist
Too impersonal
Too rational and codified
Too imperialist
Alternative perspectives on ethical theory
Approaches based on character and integrity
Virtue ethics
Contends that morally correct actions are those undertaken by actors with virtuous characters.
Therefore, the formation of a virtuous character is the first step towards morally correct
behaviour
Acquired traits
Intellectual virtues
Moral virtues
Approaches based on ethics and responsibility
Feminist ethics
An approach that prioritizes empathy, harmonious and healthy social relationships, care for one
another, and avoidance of harm above abstract principles
Key elements
Relationships
Decisions taken in context of personal human interrelations
Responsibility
Active taking of responsibility, rather than merely having it
Experience
Learn and develop from experience
Approaches based on procedures of norm generation
Discourse ethics
Aims to solve ethical conflicts by providing a process of norm generation through rational
reflection on the real-life experiences of all relevant participants
Key elements
Ultimate goal of ethical issues in business should be the peaceful settlement of conflicts
Different parties in a conflict should sit together and engage in a discourse about the settlement
of the conflict, and ultimately provide a situation that is acceptable to all
ideal discourse criteria
Approaches based on empathy and moral impulse
Postmodern ethics
An approach that locates morality beyond the sphere of rationality in an emotional moral
impulse towards others. It encourages individual actors to question everyday practices and
rules, and to listen to and follow their emotions, inner convictions and gut feelings about what
they think is right and wrong in a particular incident of decision-making.
Postmodern business ethics
Postmodern business ethics emphasises (Gustafson, 2000:21)
Holistic approach
Examples rather than principles
Think local, act local
Preliminary character
Summary
Towards a pragmatic use of ethical theory
Typical Perspective
Pluralistic Perspective
Pluralism?
Crane and Matten (2010) argue that for the practical purpose of making effective decisions in
business:
Not suggest one theory or one approach as the best or true view of a moral dilemma
Suggest that all these theoretical approaches throw light from different angles on one and same
problem
Complementary rather than mutually exclusive
Advocate position of pluralism
Middle ground between absolutism and relativism
Considerations in making ethical decisions: summary of key insights from ethical theories
Chapter 4
Making Decisions in Business Ethics
Descriptive Ethical Theories
Lecture 4
Overview
Examine the question of why ethical and unethical decisions get made in the workplace
Determine what an ethical decision is
Review prominent ethical decision-making models
Discuss the importance of differences between individuals in shaping ethical decision-making
Critically evaluate the importance of situational influences on ethical decision-making (issues
and context based)
Identify points of leverage for managing and improving ethical decision-making in business
Descriptive Ethical Theories
Descriptive business ethics theories seek to describe how ethics decisions are actually made in
business, and what influences the process and outcomes of those decisions.
What is an ethical decision?
Main factors in deciding the moral status of a situation
Decision likely to have significant effects on others
Decision likely to be characterised by choice, in that alternative courses of action are open
Decision is perceived as ethically relevant by one or more parties
Models of ethical decision-making
Stages in ethical decision-making
Relationship with normative theory
The role of normative theory in the stages of ethical decision-making is primarily in relation to
moral judgement
Moral judgements can be made according to considerations of rights, duty, consequences, etc.
Commercial managers tend to rely on consequentialist thinking
However, the issue of whether and how normative theory is used by an individual decisionmaker depends on a range of different factors that influence the decision-making process
Influences on ethical decision-making
Two broad categories: individual and situational (Ford and Richardson 1994)
Individual factors - unique characteristics of the individual making the relevant decision
Given at birth
Acquired by experience and socialisation
Situational factors - particular features of the context that influence whether the individual will
make an ethical or unethical decision
Work context
The issue itself including
Intensity
ethical framing
Framework for understanding ethical decision-making
Limitations of ethical decision-making models
Models useful for structuring discussion and seeing the different elements that come into play
Limitations
Not straightforward or sensible to break model down into discrete units
Jackall (1988), Bauman (1989, 1993) and ten Bos (1997) argue bureaucracy has a number of
negative effects on ethical decision-making
Suppression of moral autonomy
Instrumental morality
Distancing
Denial of moral status
Shareholders as stakeholders
Understanding corporate governance
Crucial problem: separation of ownership and control
Peculiarities of corporate ownership
Locus of control
Fragmented ownership
Divided functions and interests
Rights and duties in firm-shareholder relations
Rights of shareholders
The right to sell their stock
The right to vote in the general meeting
The right to certain information about the company
The right to sue the managers for (alleged) misconduct
Certain residual rights in case of the corporations liquidation
Duties of managers
Duty to act for the benefit of the company
Duty of care and skill
Duty of diligence
Corporate governance
Corporate governance definition
Describes the process by which shareholders seek to ensure that their corporation is run
according to their intentions. It includes processes of goal definition, supervision, control, and
sanctioning. In the narrow sense it includes shareholders and the management of a corporation
as the main actors; in a broader sense it includes all actors who contribute to the achievement of
stakeholder goals inside and outside the corporation
Corporate governance: a principal-agent relation
Shareholder and stakeholder relations: Different frameworks of corporate governance globally
Ethical issues in corporate governance
Executive accountability and control (I)
A separate body of people that supervises and controls management on behalf of shareholders
Dual structure of leadership
executive directors: are actually responsible for running the corporation
non-executive directors are supposed to ensure that the corporation is being run in the
interests of the shareholders
Anglo-Saxon model: single-tier board
European model: two-tier boards, lower tier = executive directors, and upper tier = supervisory
board
Executive accountability and control (II)
The central ethical issue here is the independence of the supervisory, non-executive board
members
No directly conflicting interests ensured by:
Typically drawn from outside the corporation
No personal financial interest in the corporation
Appointed for limited time
Shareholders can play a role in driving corporations towards enhanced sustainability by their
investment decisions at the stock market
Chapter 7
Employees and Business Ethics
Lecture 7
Overview
The specific role of employees among the various stakeholder groups
Core ethical topics of employees rights and duties
Ethical issues and problems faced in business-employee relations
The duties of employees and the companys involvement in enabling employees to live up to
their duties
The notion of corporate citizenship in relation to employees
Basic issues and problems of managing employees in the context of globalization
Explore the notion of corporate citizenship in relation to employees
The implication of sustainability for workplaces and for specific working conditions
Ethical issues in the firm-employee relation
Management of human resources:
an ethical problem between rights and duties
The term human resource management and its implications have been a subject of intense
debate in business ethics
Humans treated as important and costly resource
Consequently, employees are subject to a strict managerial rationale of minimising costs and
maximising the efficiency of the resource
Rhetoric and reality in HRM
Rights of employees as stakeholders of the firm
Duties of employees as stakeholders of the firm
Discrimination
Discrimination in the business context occurs when employees receive preferential (or less
preferential) treatment on grounds that are not directly related to their qualifications and
performance in the job
Managing diversity prominent feature of contemporary business
Extensive legislation
Institutional discrimination: discrimination deeply embedded in business
Women in top management positions
Female Directors in FTSE 100 Companies 2000-2008
Sexual and racial harassment
Issues of diversity might be exploited to inflict physical, verbal, or emotional harassment
Regulation reluctant
Blurred line between harassment on one hand and joking on the other
Influenced by contextual factors such as character, personality, and national culture
Companies increasingly introduced codes of practice and diversity programmes (Crain and
Heischmidt 1995)
Equal opportunities and affirmative action
How should organizations respond to problems of discrimination?
Equal opportunity programme
Usually unproblematic, since most rational employees would find it in their own best
interests to comply with company policy
Some cases where those restrictions could be regarded as a restriction of employees
rights
Whistleblowing can involve considerable risk
The right to work
Fundamental entitlement of human beings established in the Declaration of Human Rights
The right to work in a business context cannot mean that every individual has a right to be
employed
The right to work should result in every individual facing the same equal conditions in exerting
this right
Employing people worldwide
The ethical challenges of globalization
National culture and moral values
Different cultures will view employee rights and responsibilities differently
This means that managers dealing with employees overseas need to first understand the cultural
basis of morality in that country
Raises the question of whether it is fair to treat people differently on the basis of where they live
Relativism vs. absolutism
Absolutism: ethical principle must be applicable everywhere
Relativism: view of ethics must always be relative to the historical, social and
cultural context
The race to the bottom
Many critics argue that MNCs play a role in changing standards in countries
Globalisation allows corporations to have broad range of choice of location
Developing countries compete to attract foreign investment
Large investors tend to choose country with most preferable conditions
Lowest level of regulation and social provision for employee
Leads to race to the bottom in environmental and social standards
Argument that MNEs have a duty to promote minimally just social & political
institutions where they operate if these do not exist, because of duty to avoid harm (Nienh Hsieh, 2009)
Migrant labour and illegal immigration
Growing mobility of workers is a recent phenomenon of globalization
Typically north-south, can also be in other regions (e.g. UAE)
Workers can also be attracted to particular industries in areas where there is no local
labour (e.g. mining)
Numerous ethical issues here. Examples:
Migrant labour often leads to questionable social phenomena (e.g. drug use)
Migrants are often from poor countries; willing to accept pay & working conditions
normally unacceptable in host country
Migrant workers are often in a country illegally (but a record of employment may later be
the basis for legal residency)
The corporate citizen and employee relations
The corporate citizen and employee relations in a global context
Anglo-American and European models: differences
Continental Europe takes interest of employees into account to a greater degree than the
Anglo-American model
Co-determination
In developing countries
Level of regulation (or at least enforcement) is often poor, though employee protection
often strengthens over time (e.g. Chinas 2008 Labour Contract Law)
Corporate actions therefore often voluntary good citizenship
Ruggies framework for responsibility in human rights
Protect (states duty to prevent abuses)
Respect (firms duty to respect human rights)
Remedy (general duty to create systems to remedy abuses)
Towards sustainable employment
Re-humanized workplaces
Alienation of the individual work in the era of industrialised mass production
Brought tremendous efficiencies and material wealth, but have also created the prospect of a
dehumanised and deskilled workplace
Attempts to re-humanize the workplace
empowering the employee
job enlargement
job enrichment
Success of such schemes contested
Suggested that humanized approach might be more appropriate and effective in some cultures
(e.g. Scandinavia) than others
Wider employment
Large numbers of unemployed people becomes the norm in many countries due to mechanisation
This threatens:
Right to work
Social fabric of particular communities
New technologies herald the end of work? (Rifkin 1995)
From sustainability perspective: ensure that what work exists is shared out more equitably
Green jobs
Green jobs are:
In industries making environmentally-friendly products
Workplace & organization of labour is also more environmentally sustainable
Gained attention in late 2000s; part of broader debate on restructuring economies to be more
sustainable
Examples of specific measures:
Car-pooling
Paperless office
Video-conferencing rather than business travel
Home-based teleworking
Potential benefits are social, economic and ecological
Summary
Discussed the specific stake that employees hold in their organizations
Discovered how deep the involvement of corporations with employees rights can be
Corporate responsibility for protection and facilitation of these rights is particularly complex and
contestable when their operations become more globalized
Considered corporate citizenship and employee relations in different contexts
Chapter 8
Consumers and Business Ethics
Lecture 8
Overview
Discuss the specific stake that consumers have in corporate activity
Outline the ethical issues and problems faced in business-consumer relations
Examine issues in context of globalization
Arguments for more responsible marketing practices
Develop notion of corporate citizenship in relation to consumers
Examine the challenges posed by sustainable consumption
Consumers as stakeholders (I)
Commonplace argument that businesses are best served by treating their customers well
So why continued ethical abuses of consumers and poor reputation of marketing and sales
professions?
Examples of organizations accused of treating customers in a questionable manner:
Multinational drug companies
Fast food and soft drink companies
Banks and credit card companies
Mobile phone companies
Technology companies
Schools
Consumers as stakeholders (II)
Consumer rights can be seen as:
inalienable entitlements to fair treatment when entering into exchanges with sellers. They rest
upon the assumption that consumer dignity should be respected, and that sellers have a duty
to treat consumers as ends in themselves, and not only as means to the end of the seller.
Debate over what constitutes fair treatment
In the past, consumer rights based on caveat emptor
But Caveat emptor eroded by changing expectations & consumer laws
Ethical issues and the consumer
Ethical issues, marketing and the consumer
Ethical issues in marketing management product policy
At the most basic level, consumers have a right to products and services which are safe,
efficacious, and fit for the purpose for which they are intended
Manufacturers ought to exercise due care in establishing that all reasonable steps are taken to
ensure that their products are free from defects and safe to use (Boatright, 2009: 295)
Consumers right to a safe product is not an unlimited right
Safety also a function of the consumer and their actions and precautions
Ethical issues in marketing management marketing communications (I)
Criticisms of advertising broken down into two levels
Individual
Concerned with misleading or deceptive practices that seek to create false beliefs about
specific products or companies in the individuals consumers mind
Social
Concerned with the aggregate social and cultural impacts, such as promoting
materialism
Ethical issues in marketing management marketing communications (II)
Misleading and deceptive practices
Marketing communications aimed to:
Inform consumers about goods and services
Persuade consumers to purchase
Deception occurs when a marketing communication either creates, or takes advantage of, a false
belief that substantially interferes with the ability of people to make rational consumer choices
(Boatright, 2009: 285)
The UKs Advertising Standards Authority says ads should be legal, decent, honest and
truthful
Ethical issues in marketing management marketing communications (III)
Social and cultural impact on society
Objections that marketing communications:
Are intrusive and unavoidable
Create artificial wants
Reinforce consumerism and materialism
Create insecurity and perpetual dissatisfaction
Perpetuate social stereotypes
Such criticisms have been common for at least the last 30 years
Ethical issues in marketing management pricing
Pricing issues are central to the notion of a fair exchange between the two parties, and the right
to a fair price - key rights of consumers as stakeholders
4 types of pricing practices where ethical problems may arise:
Excessive pricing
Price fixing
Predatory pricing
Deceptive pricing
Ethical issues in marketing management distribution
Concerned with relations between manufacturers and firms, and firms and market
Primary concern is product supply chain
Example: retailers demanding slotting fees from manufacturers in order to stock their
products
Dealt with in detail next chapter
Ethical issues in marketing strategy vulnerable customers
Criticisms when there is a perceived violation of the consumers right to be treated fairly (duty of
care):
Targeting vulnerable consumers
Consumers may be vulnerable because;
Implementing the polluter pays principle to create financial incentive for lower
consumption
Product recapture
From a linear to a circular flow of resources
Summary
Chapter 9
Suppliers, Competitors and Business Ethics
Lecture 9
Overview
Show how other businesses suppliers and competitors exist in mutual interdependence with a
given organization
Describe the ethical issues and problems that arise in an organisations dealings with its suppliers
and competitors
Outline how globalization reframes these problems
Discuss whether corporations should assume some degree of extended responsibility for the
ethics of their suppliers
Assess the arguments suggesting that attention to business interrelationships and the network
economy may contribute to more sustainable business models
Suppliers and competitors as stakeholders
Suppliers as stakeholders
A stakeholder of a corporation is an individual or a group that either is harmed by or benefits
from the corporation or whose rights can be violated, or have to be respected, by the corporation
(Evan and Freeman 1993)
Organisations and their suppliers can be seen as mutually dependent
Competitors as stakeholders
Forgotten stakeholders? (Spence et al. 2001)
Legal rights (e.g. not influencing others pricing)
Moral claims (e.g. right to fair play)
So, businesses should not be seen as isolated islands of economic activity, but as actors operating
within a web of other businesses, bound by mutual interests and interlinked flows of resources
and rewards
Firms thus best understood as part of industrial network
Conflicts of interest
A conflict of interest occurs when a person or organizations obligation to act in the
interests of another is interfered with by a competing interest that may obstruct the
fulfilment of that obligation
Ethical issues (II)
Gifts, bribes and hospitality
Consider the intention of the gift giver
Look at the impact on the receiver
Focus on the perception of other parties
Many large organizations have a formal purchasing code of ethics
Guidelines provided by professional bodies such as the International Chartered Institute of
Purchasing and Supply
Ethics of negotiation (I)
Ethics and negotiation oil and water?
Here are ten popular negotiating actions, all of which can be challenged on ethical grounds
(Reitz et al.,1998):
Lies
Puffery
Deception
Weakening the opponent
Strengthening ones own position
Non-disclosure
Information exploitation
Change of mind
Distraction
Maximisation
Ethics of negotiation (II)
A more ethical approach to negotiating should steer clear of these tactics. This is because:
It is the right thing to do
Such practices incur costs for the negotiator. These are:
Rigid negotiating encourages narrow tactics
Damaged relationships risk of enmity
Sullied reputation making future bargaining troublesome
Lost opportunities tends to prevent progressive discussions that open up new issues
Basic idea: negotiation is not so much zero-sum as a chance to build mutually-beneficial
relationships
Ethical issues and competitors
Problems of overly aggressive competition
Intelligence gathering and industrial espionage create ethical questions when
Questionable tactics
Private or confidential information
Purpose for which information gathered is against public interest
Dirty tricks
Negative advertising
Stealing customers
Predatory pricing
Sabotage
Anti-competitive behaviour
Problems of insufficient competition
Collusion and cartels
Select groups of competitors band together in a cartel or trading group to fix prices and
other trading arrangements for their own mutual benefit
Abuse of dominant position
E.g. Microsoft
Globalization, suppliers, and competitors
The ethical challenges of global business networks
The ethical challenges of global business networks
Reshaping of ethical consideration with suppliers and competitors brings up:
Different ways of doing business
Impacts on indigenous businesses
Differing labour and environmental standards
Extended chain of responsibility
Different ways of doing business (I)
Different ways of doing business (II)
Impacts on indigenous businesses
Size, power and political influence of MNCs often means that they enjoy considerable cost and
other advantages compared to local competitors
Offer employment alternatives to people who would otherwise start their own business (Spencer,
2008: 341)
Exposure to the competition of a major multinational can severely threaten the business of
indigenous competitors (Klein, 2000)
Differing labour and environmental standards
Western firms increasingly sourced through global supply chains
Race to the bottom occasioned by demand by MNCs for lower-cost production in developing
countries
Ethical problem = lower costs often accompanied by sweatshop conditions
poorer labour conditions
less environmental protection
lower attention to health and safety
Extended chain of responsibility
Shifts towards global supply and competition mean that individual firms appear to be faced with
prospect of an extended chain of responsibility
No longer acceptable to argue that the ethics of a firms suppliers or a firms impact on its
competitors was simply not any of its business (see Emmelhainz and Adams 1999)
The corporate citizen in the business community
Ethical sourcing and fair trade
Ethical sourcing
Ethical sourcing is the inclusion of explicit social, ethical, and/or environmental criteria into
supply chain management policies, procedures and programmes
Suppliers willingness to comply or resist pressure to certify (e.g. ISO 14001) is strongly
determined by the type of relationship they have to the companies that purchase from them
(Delmas and Montiel 2009)
Suppliers with a high dependence on their customers are more likely to comply
as are relatively new entrants to the industry
For suppliers, the public act of gaining ethical certification can act as a way of reducing
information asymmetries between themselves and potential buyers
Business-business regulation
Ethical sourcing as business-business regulation
Pressure exerted by powerful corporate customers to comply with ethical sourcing
guidelines and criteria constitutes strong and often very effective regulation of supply
chain members (Locke and Romis, 2007)
Strategies of business-business regulation
Disengagement
Setting of clear standards for suppliers and a means for assessing compliance with those
standards
Failure to meet standards in short- medium term will result in disengagement by the
company
Engagement
Rely on longer-term aims together with incremental targets in order to foster a stepby-step approach to improving standards.
Firm likely to work with their suppliers to achieve improvements
Fair trade
Fair trade is a system aimed at offering the most disadvantaged producers in developing
countries the opportunity to move out of poverty through creating market access under beneficial
rather than exploitative terms. The objective is to empower producers to develop their own
business and wider communities through international trade (Nicholls & Opal 2005: 6)
Aims of fair trade movement
Foster the protection and empowerment of growers
Encourage community development by guaranteeing minimum prices and conditions
In 2008, Fair Trade sales grew 22% (est. 2.9Bn)
But success could put pressure on ethical standards
Challenges also from recruiting employees with mainstream business skills (Davies &
Crane, 2010)
Comparison: Fairtrade & New York Prices for Cocoa, 1994-2009
Sustainability and business relationships
Towards industrial ecosystems?
From supply chains to supply loops
Supply loops are product end-of-life management strategies that fulfil two criteria (Geyer and
Jackson, 2004):
They divert end-of-life products from landfill or incineration by collecting them for
economic value recovery
The reprocessing of these end-of-life products produces secondary resources that replace
primary resources in forward supply chains
To proponents, such closed loop supply chain models have are not only waste reducing, but
eliminate the very concept of waste (Lovins, Lovins, and Hawken 1999).
Issuing statements
Launching campaigns
Initiating some kind of action towards the corporation
Self-declaring does not necessarily lead to recognition
Ignoring CSOs may have detrimental long-term consequences
CSO tactics
Indirect action
Sometimes criticised for providing misleading information
Violent direct action
Often illegal
Tends to generate the most publicity
Is this action civil at all?
Non-violent direct action
Demonstrations and marches
Protests
Boycotts
Occupations
Non-violent sabotage and disruption
Stunts
Picketing
Boycotts
A boycott is an attempt by one or more parties to achieve certain objectives by urging individual
consumers to refrain from making selected purchases in the marketplace
Four different purposes for boycotts:
Instrumental boycotts
Catalytic boycotts
Expressive boycotts
Punitive boycotts
Some well-known boycotts
CSO accountability
CSO stakeholders might be said to include:
Beneficiaries
Donors
Members
Employees
Governmental organizations
Other CSOs
General public (especially those who support their ideals)
Recently, growing number of organizations similar to CSOs being initiated within business
Accountability of CSOs to supposed beneficiaries tends to raise most debate
Force agendas on beneficiaries without understanding needs
Limited involvement of beneficiaries in decision making
CSO donor interests receive higher priority
Lack of effective mechanisms for beneficiaries to feedback on CSO performance
Globalization and civil society organizations
Social enterprise
Has developed since the 1990s
Novel way of embedding dual social and economic goals into the nature of organizations:
social enterprises are designed to address social problems from the outset
Key differences between social enterprise, CSOs & corporations
Problems with social enterprise
Compromise of social mission
Demands of the marketplace can lead to mission drift
Moral legitimacy
The more business-like social enterprises become, the less moral legitimacy they may
have for key stakeholders
Escalation of risk
Social enterprise tends to emphasise risk taking and innovation which can pose threats to
essential services and clients
Prioritisation of profitable markets
The need for sustainable revenue encourages a focus on potentially profitable social
goods and services, rather than unprofitable areas where clients might be more needy
Civil Regulation
Civil regulation is the ability and power of CSOs to shape, influence or curb business practice
Focus on relations and outcomes
Key drawback is that regulation is voluntary
Key points
Civil society can act as a conduit through which individuals citizens can exert some kind of
leverage on, or gain a form of participation in, corporate decision-making and action
CSOs are now part of systems or regimes of global governance (e.g. Vogel 2008)
Civil society, business, and sustainability
Balancing competing interests
Civil society: wide variety of disparate actors promoting different issues
Business must take account of these different issues simultaneously
e.g. energy industry wind power
Groups supporting wind power as clean source of renewable energy that supports local
areas financially
Groups against wind power because they despoil the countryside
This is a battle of green vs. green (Lynas, 2008)
Fostering participation and democracy
Organizationsthat affect you and your community, especially when they affect the
material foundations of your self-determination, must be able to be influenced by you and your
communityWhat are required are new forms of democratic governance so that people can
determine their own futures in a sustainable environment
(Bendell, 2000:249)
Summary
Discussed the role that civil society has played in business ethics
Taken a fairly broad definition of what constitutes civil society
The representational nature of CSO stakes makes their claim rather more indirect than for other
constituencies
Gradual shift in the nature of business-CSO relations from primarily confrontational to a more
complex, multifaceted relationship that still involves confrontation, but also charitable giving,
collaboration and aspects of civil regulations
Chapter 11
Government, Regulation, and Business Ethics
Lecture 11
Overview
The specific stake that governments have in corporate activity
The ethical issues and problems faced in business-government relations
The shifts in these issues and problems in context of globalization
Further develop the notion of corporate citizenship by analysing the changing role of business
and CSOs
Challenges posed by sustainability to business-government relations and show the importance of
strong governmental regulation for achieving potentially sustainable solutions
Government as a stakeholder
Defining government, laws, and regulations
Government
variety of institutions and actors at different levels that share a common power to issue
laws
Laws
serve as a codification into explicit rules of the social consensus about what a society
regards as right and wrong
Regulation
rules that are issued by governmental actors and other delegated authorities to constrain,
enable, or encourage particular business behaviours. Regulation includes rule definitions,
laws, mechanisms, processes, sanctions, and incentives
Government as a stakeholder of business
Government as a representative of citizens interests
Unlike many other stakeholders, government in principle represents an entire community since it
is elected by the citizens of a certain town, region, country or even continent
In this role as the elected representative of citizens interests
Defines the conditions for the licence to operate of business
Restricting business
Enabling business
Debate about the degree of governmental responsibility for a functioning economy
Laissez-faire vs. forceful role in industrial policy
Government as an actor (or group of actors) with interests of its own
Governments have a self-interest to be re-elected
Governments very dependent on business
Governments also compete with business
Ethical issues in the relation between business and government
Identifying the basic problems and issues:
legitimacy, accountability and modes of influence
Main source of ethical problems stems from fiduciary relation to society in general
Government therefore in bipolar situation
Addressee of regulation
Intensity of regulation
Democratic control of political power
Globalization, government, and business: changing context
Globalization, government, and business: changing roles
Business as an actor within the national context (Westphalian setting)
Businesses are still located within nation states and they are therefore still subject to national
law, which we have called imperative regulation
Problematic: Situations where business becomes an actor in authoritarian and oppressive
regimes
Business as an actor in the global context (post-Westphalian setting)
On a global level, corporation assume a more dominant role while governments bound by their
confinement to territorial boundaries have only limited influence beyond national boundaries
Result is so-called race to the bottom
Business-government relations in international trade regimes
Several transnational government institutions have significant impact on business
Regional bodies: EU, NAFTA, ASEAN
EU is particularly significant, due to its strong legislative powers
Global players: WTO or World Bank
Role of these bodies is to enable trade and exchange of goods and services
Double-edged sword:
They can enable access to cheap labour and larger markets
But the same institutions increase competition and in some ways limit business
Corporate citizenship and regulation
Business as key player in the regulatory game
Corporate citizenship and regulation:
business as key player in the regulatory game
Debate over how to improve rulemaking
Business involvement through self-regulation or reflexive regulation and corporatism
Reasons for new forms of regulation:
Encouragement of a proactive approach from industry
And the hope/assumption of
Cost-effectiveness
Faster achievement of objectives
Examples of regulatory outcomes on different levels in a multi-actor setting
Governments, business and sustainability
Global climate change legislation and business responses: Support vs. obstruction
The debate on climate change regulation has been a key political arena of sustainability
CO2 reductions represent a big threat for some industries
Result: Global Climate Coalition, to lobby against regulation
Variable success (and the coalition has been disbanded)
In Europe, public appetite for action, so firms lobbied to shape the regulation that
emerged. ETS introduced in 2005
Strictest approach, but uses market mechanisms, flexibly
In Australia, Canada, USA, lobbying was against action
Global supply of food and water is another key issue
Employees
European context, this group has a strong legal position
However, new working practices, increased flexibilization have appear to have weakened
the stake of employees somewhat in recent years
Suppliers
Little legal protection
The role of different stakeholder constituencies in business ethics (II)
Consumers
Interesting role since they have always been of utmost instrumental importance to
business ethics, but their normative claims would seem weaker than other constituencies
Ethical purchasing
Competitors
Often lowest priority for corporations
CSOs and governments
Most complex and dynamic role
CSOs have heralded and pushed crucial ethical issues but legitimacy remains open to
contestation
Government seem to be losing some of their traditional power in issuing and enforcing
regulation
Crucial innovation is that the relationship develops more into a partnership than the
previously dependent role of business
Trade-offs and conflicts
One of most challenging tasks of ethical management is effective and appropriate balance
between competing stakeholder expectations and claims
E.g. shareholders profits and employee jobs
Zero-sum game versus positive-sum game