The Nature of LawThe Resolution of Private Disputes

Business and The ConstitutionBusiness Ethics, Corporate Social

Responsibility, Corporate Governance, and Critical Thinking

© 2010 The McGraw-Hill Companies, Inc. All rights reserved.

Business Ethics, Corporate Social Responsibility, Corporate Governance, and

Critical Thinking

It is not what a lawyer tells me I may do; but what humanity, reason, and justice, tell me I ought to do.

Edmund Burke

© 2010 The McGraw-Hill Companies, Inc. All rights reserved.

Business Ethics Ethical Theories Corporate Social Responsibility Guidelines for Ethical Decision Making Critical Thinking

Learning Objectives

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Business Ethics

Ethics is the study of how people should act

Ethics also refers to the values and beliefs related to the nature of human conduct Based on ethical standards or moral

orientation Business ethics: business conduct that

seeks to balance the values of society with the goal of profitable operation

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Ethical Theories

Teleological ethical theories focus on the consequences of a decision

Deontological ethical theories focus on decisions or actions alone

Recognize that ethical values are as diverse as individual humans

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Rights Theory

Basic view: certain rights are fundamental Kantianism applies the categorical

imperative: judge an action by applying it universally Immanuel Kant

Modern Rights Theories soften Kant’s absolute duty approach, yet protects fundamental rights (a strength of the theory)

Criticism of the theory – it is ethnocentric4 - 6

Justice Theory

Basic view: a society’s benefits and burdens should be allocated fairly among its members

John Rawls argued for the: Greatest Equal Liberty Principle – each person

has an equal right to basic rights and liberties Difference Principle – inequalities acceptable

only if elimination would harm to the poorest class

Criticism of the theory: equality is absolute

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Utilitarianism

Basic view: maximize utility for society as a whole by a cost-benefit analysis Jeremy Bentham & Stuart Mill

Strength of the theory is in the simplicity of a cost-benefit analysis

Criticism of the theory: how does a person measure all the costs and benefits?

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Profit Maximization

Basic view: maximize a company’s long-run profits within the limits of law From economists Adam Smith, Milton

Friedman, and Thomas Sowell If legal, then ethical

Strength of the theory is the focus on profits as a mechanism for creating social benefit

Criticism of the theory: underlying assumptions may be flawed

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Corporate Social Responsibility

Many corporations have adopted a Code of Ethics to foster ethical behavior within a firm And/or to enhance their public image

Some laws, such as the Sarbanes-Oxley Act, have forced some firms to adopt codes of ethics for their executives http://www.sec.gov/about/laws/soa2002.pdf

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Business Stakeholder Standard

The business stakeholder standard of behavior determines whether an act is, or is not, ethical by examining the interests of various stakeholders with regard to a particular business action Supports efforts to engage in corporate

social responsibility Stakeholders are internal and external

to the firm

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Thinking Critically

Ethical decision making requires critical thinking, or the ability to evaluate arguments logically, honestly, and objectively

Learn to identify the fallacies in thinking

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Non Sequiturs and Appeals to Pity

A non sequitur is a conclusion that does not follow from the facts In other words, they miss the point

Appeals to pity obtains support for an argument by focusing on a victim’s predicament Often also a non sequitur!

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False Analogies

A false analogy is arguing that since a set of facts are similar to another set of facts, the two are alike in other ways Company X and Company Y are both

large Company X did activity 1, so Company Y

should also do activity 1

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Circular Reasoning and Argumentum ad Populum

If a person assumes the thing the person is trying to prove, circular reasoning occurs Example: we should tell the truth

because lying is wrong Argumentum ad populum is an

emotional appeal to popular beliefs The bandwagon fallacy is essentially the

same flaw in reasoning

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Argumentum ad Baculum and Argumentum ad Hominem

Argumentum ad baculum is using threats or fear to support a position Often occurs in unequal bargaining

situation Argumentum ad hominem means

“argument against the man” and attacks the person, not his or her reasoning

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Argument from Authority and False Cause

Argument from authority relies on an opinion because of the speaker’s status as an expert or position of authority rather than the quality of the speaker’s argument

If a speaker observes two events and concludes there is a causal link between them when there is no such link, a false cause fallacy has occurred

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The Gambler’s Fallacy & Appeals to Tradition

The gambler’s fallacy results from the mistaken belief that independent prior outcomes affect future outcomes Example: the chances of getting heads

when flipping a coin do not improve with each flip

If a speaker declares that something should be done a certain way because that is the way it has been done in the past, the speaker has made an appeal to tradition

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Reductio ad absurdum

Reductio ad absurdum carries an argument to its logical end, but does not consider whether it is an inevitable or probable result Often called the slippery slope fallacy Example: “Eating fast food causes

weight gain. If you are overweight you will die of a heart attack. Fast food leads to heart attacks.”

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Lure of The New and Sunk Cost Fallacy

The lure of the new argument is the opposite of appeals to tradition because the argument claims since something is new it must be better

The sunk cost fallacy is an attempt to recover investments (time, money, etc.) by spending more “Throwing good money after bad”

behavior

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