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BUSINESS ETHICS AN INTRODUCTION Daniela Pianezzi
[email protected]
Siena, 18 March 2016
“Accountants appear to exhibit lower levels of moral reasoning than other professional groups. Accounting students become less ethical as they progress through their accounting education. Accounting students are less ethically aware than other students. Accounting students don’t recognize the broader social responsibility issues associated with professionalism. Most accounting students think that accounting is an amoral and technical activity.” McPhail, K., & Walters, D. (2009).
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Why bother?
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WHAT IS ETHICS? ETHICS IS A BRANCH OF PHILOSOPHY
NORMATIVE ETHICS
DESCRIPTIVE ETHICS
APPLIED ETHICS
META‐ETHICS
“Ethics is undoubtedly concerned with the question what good conduct is” Moore, G. E. (1993).
[from Ancient Greek ἦθος (êthos, “character, moral nature”)].
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ETHICAL DILEMMAS (1) ETHICS IS ABOUT DECISION MAKING
A trolley is running out of control down a track. In its path are five people who have been tied to the track by a mad philosopher. Fortunately, you could flip a switch, which will lead the trolley down a different track to safety. Unfortunately, there is a single person tied to that track. Should you flip the switch or do nothing? 6
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ETHICAL DILEMMAS (2) ETHICS IS ABOUT DECISION MAKING
You are on a footbridge watching a trolley speeding down a track that will kill five unsuspecting people. You can push a fat man over the bridge onto the tracks to save the five. (You cannot stop the trolley by jumping yourself, only the fat man is heavy enough.) Would you do it?
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KOHLBERG'S COGNITIVE MORAL DEVELOPMENT ETHICS IS ABOUT MORAL DEVELOPMENT
1) Infancy: Obedience/Punishment 2) Pre‐school: Self‐Interest 3) School‐age: Conformity and Interpersonal Accord 4) School‐age: Authority and Social Order 5) Teens: Social Contract 6) Adulthood: Universal Principles
Kohlberg, L. (1985)
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ETHICAL APPROACHES DIFFERENT APPROACHES RAISE DIFFERENT ETHICAL QUESTIONS
e.g. capability approach by A. Sen and M. Nussbaum.
e.g. philosophies of J. Bentham and J. S. Mill
e. g. theory of justice by J. Rawls 9
AN EXAMPLE OF NORMATIVE ETHICS COST‐BENEFIT ANALYSIS IS BASED ON CONSEQUENTIALISM
CONSEQUENTIALISM: Good consequences make it a good action.
Cost‐Benefit Approach:
Take any action; Compute the benefits and harms of the consequences for everyone affected. If the action brings more total happiness than unhappiness for more people, it is justified. If it causes moral total unhappiness for more people, it is wrong.
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THE FORD PINTO CASE BETTER THAT ONE SHOULD DIE…
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In May of 1968, the Ford Motor Company decided to introduce a subcompact car and produce it domestically. The Ford Pinto appeared on the market in 1970.
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The death of three women on August 10, 1978 when their car was hit by another vehicle traveling at a relatively low speed initiated the lawsuits and scandals in which Ford endured for decades focused on the design flaw of the gas tank.
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Evidence surfaced that the executives at Ford Motor Company were aware and acknowledged that the design was flawed and potentially dangerous. A review of the cost‐benefit analysis was deemed insufficient and Ford opted not to change the design of the fuel tank.
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THE FORD’S COST‐BENEFIT ANALYSIS
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THE PHILIP MORRIS CASE SMOKING CAN AID STATES’ ECONOMY
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BUSINESS ETHICS THERE IS NOT A SINGLE DEFINITION
'business ethics' is rules, standards, codes, or principles which provide guidelines for morally right behavior and truthfulness in specific situations.
Lewis, (1985). 14
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THE THREE LEVELS OF BUSINESS ETHICS ETHICS CONCERNS BOTH THE INDIVIDUAL AND SOCIETY MICRO LEVEL The rules for fair exchange between two individuals (the nature of promises and other obligations, the intentions, consequences and other implications of an individual’s actions, the grounding and nature of various individual rights). MOLAR LEVEL The basic unit of commerce today: the corporation (the role of corporation in society and the role of the individual in the corporation) MACRO LEVEL The institutional or cultural rules of commerce for an entire society (‘the business world’) (justice, legitimacy and the nature of society – e.g. what are the legitimate (and illegitimate) roles of government in business life?what is the role of government regulation?) Solomon (2002)
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THE MICRO LEVEL THE VOLKSWAGEN CASE ‐ ETHICS IS ABOUT TRUST
In September 2015, the Environmental Protection Agency (EPA) found that many VW cars being sold in America had a "defeat device" ‐ or software ‐ in diesel engines that could detect when they were being tested to measure carbon dioxide emissions levels, changing the performance accordingly to improve results. The German car giant has since admitted cheating emissions tests in the US.
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THE MOLAR LEVEL ETHICS CONCERNS THE ROLE OF BUSINESS IN SOCIETY
o THE SHAREHOLDERS’ APPROACH: “the social responsibility of business is to Increase its profits ‐ within the rules of the game (no deception or fraud)” ‐ Milton Friedman (1962) o THE STAKEHOLDERS’ APPROACH: “Every business creates, and sometimes destroys, value for customers, suppliers, employees, communities and financiers. The idea that business is about maximizing profits for shareholders is outdated and doesn’t work very well, as the recent global financial crisis has taught us.” ‐ R. Edward Freeman (1984)
Business and society depend on each other, and have mutual obligations Pressure groups and advocates help ensure that public expectations of business change
THE OLIVETTI CASE AN EXAMPLE OF CSR «Può l’industria darsi dei fini? Si trovano questi semplicemente nell’indice dei profitti? Non vi è qualcosa di più affascinante, una destinazione, una vocazione anche nella vita di una fabbrica?» (Adriano Olivetti, 23 aprile 1955) 1919: A family allowance of 12 lire per dependent child. The Olivetti Female Workers regulations 1934: Nursery schools, summer holiday camps and factory services (canteens, automotive services) Technical and vocational schools which offered scholarships to help the most able young people to become foremen and engineers; Cultural services (Olivetti Cultural Centre) and educational services (libraries, evening courses for employees) were organised. 18
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CSR TODAY DIFFERENT TOOLS PROMOTE THE DIFFUSION OF CSR Sustainable development: “a development which meets the needs of current generations without compromising the ability of future generations to meet their own needs”. ‐ Brundtland Commission*, 1987
UN GLOBAL CONTACT: a United Nations initiative to encourage businesses worldwide to adopt sustainable and socially responsible policies, and to report on their implementation. The UN Global Compact is a principle‐based framework for businesses, stating ten principles in the areas of human rights, labour, the environment and anti‐corruption. Companies are brought together with UN agencies, labour groups and civil society. (https://www.unglobalcompact.org/)
GRI ‐ GLOBAL REPORTING INITIATIVE: is an independent institution whose mission is to develop and disseminate globally applicable sustainability reporting guidelines (https://www.globalreporting.org)
SOCIAL BALANCHE SHEET: it is a document able to furnish the diverse stakeholders with information on the social effects derived from the company’s business choices. 19
THE MACRO LEVEL THE LAW IS NOT ALWAYS ETHICAL The Transatlantic Trade and Investment Partnership (TTP) – a treaty being hammered out between the EU and the US with woefully little scrutiny – could grant companies the same legal rights as nation states, enabling them to sue elected governments in secret courts to block policies that dent future profits. •
THE VATTENFALL’S CASE: The Swedish power company Vattenfall is currently suing Germany because it is not happy with the nuclear phase‐out. Vattenfall wants over 3.7 billion euros in compensation for the decommissioning of the Krümmel and Brunsbuttel nuclear power plants in the context of the German nuclear phase‐out following the Fukushima disaster.
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THE PHILIP MORRIS’ CASE: Philip Morris sued uruguay after it adopted a number of anti‐tobacco regulations with a view to implementing the 2003 world health organisation’s framework convention on tobacco control, aimed at tackling the health dangers posed by tobacco 20
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THE LIMITS OF LEGISLATION LAWS ARE NOT ENOUGH!
Inadequate they cannot take into account all possible cases. Intrusive they are imposed from without (intrinsic vs. extrinsic motivation) Self‐defeating crowding out effect: when extrinsic motivation crowds out and diminishes intrinsic motivation in some area of human action 21
BUSINESS ETHICS AN INTRODUCTION Daniela Pianezzi
[email protected]
Siena, 19 March 2016
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THE FRAUD TRIANGLE FRAUD INVOLVES A NORMALIZATION OF DEVIANCE
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FRAUD ENABLERS MORE INTERNAL CONTROL IS NEEDED
management fraud involves falsifying financial information for the benefit of the person committing the crime. Factors contributing to fraud: ‐ Poor internal controls ‐ Management override of internal controls ‐ Collusion between employees ‐ Collusion between employees and third parties 2014 – Association of Certified Fraud Examiners http://www.acfe.com/rttn‐red‐flags.aspx
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FRAUD DETECTION TIPS ARE THE MOST COMMON WAY TO DETECT FRAUD
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WHISTLEBLOWING IT IS A WAY TO FIGHT FRAUD
Whistleblowing is the action of someone who decides to disclose illegal, irregular, dangerous, immoral or illegitimate practices. Top 4 reasons for not reporting: 1) The conviction that no corrective action would take place 2) Fear of retaliation* 3) Fear that they wouldn’t remain anonymous 4) The assumption that someone else would do it *It occurs when an employer punishes an employee for engaging in legally protected activity. Retaliation can include any negative job action, such as demotion, discipline, firing, salary reduction, or job or shift reassignment. But retaliation can also be more subtle. 26
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PROTECTION FOR WHISTLEBLOWERS – EUROPE ONLY FEW COMPANIES HAVE VISIBLE WHISTLEBLOWING POLICIES
http://www.linklaters.com/Insights/ThoughtLeadership/Whi stleblowing/Pages/Index.aspx
February and March 2014.
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PROTECTION FOR WHISTLEBLOWERS – ITALY IN THE PRIVATE SECTOR THERE ARE NOT SPECIFIC REGULATIONS FOR WHISTLEBLOWERS
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ETHICAL DILEMMA
LOYALITY OBLIGATION VS. ETHICAL OBLIGATION TO BE HONEST
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INCENTIVIZING WHISTLEBLOWING USA, 2010: congressional approval of DODD‐FRANK ACT Additional monetary incentives for whistleblowing: • up to twice the amount of wages lost due to retaliation • attorneys’ fees. • cash awards between 10% and 30% of amounts that the SEC (U.S. Securities and Exchange Commission) recovers based on the whistleblower’s report.
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CRITICISMS IS IT ETHICAL TO PROVIDE FINANCIAL INCENTIVES?
External reporting to the SEC (U.S. Securities and Exchange Commission) is required to invoke Dodd‐Frank protections. It may lead an individual to report the matter to the SEC rather than work within internal channels to correct the wrongdoing. It serves only to create a perverse incentive for employees to hunt for information about potential corporate fraud or illegalities, disclose nothing to the employer, and then report the information to the government only when the violations have grown to a size that would warrant payment of a large enough “bounty” to justify the risk to their careers. 31
Incentivize: “to motivate or encourage (a person, esp. an employee or customer) by providing a (usually financial) incentive”
(OECD definition, word date back to 1968)
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THE ROLE OF INCENTIVES INCENTIVES ARE THE CORNERSTONE OF MODERN LIFE
1958: Economics is “the world of prices, wages, interest rates, stocks and bonds, banks and credit, taxes and expenditure” Samuelson (1958) Appearance of “incentivize” or “incentivise” in major newspapers
1980s
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1990s
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2000s
6159
2010‐11
5885
2011: “An economy is just a group of people interacting with one another as they go about their lives” Mankiw et al. (2011) 33
WHEN MONEY INCENTIVES ARE COUNTERPRODUCTIVE (1) CASE 1: Switzerland, incentives offered to compensate residents for accepting a nuclear waste facility .
People’s willingness to host the nuclear waste site went down (from 51 to 25 percent) For many villagers, willingness to accept the nuclear waste site reflected public spirit THEY WERE NOT WILLING TO SELL OUT THEIR SAFETY AND PUT THEIR FAMILIES AT RISK FOR MONEY 34
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WHEN MONEY INCENTIVES ARE COUNTERPRODUCTIVE (2) CASE 2: Israeli day‐care centres: Introduction of a fine for parents
who came late to pick up their children It did not reduce the number of late‐arriving parents, but increased it. when they eliminated the fine, the elevated rate of late arrivals persisted. WHAT WAS ONCE SEEN AS A MORAL OBLIGATION TO ARRIVE ON TIME WAS NOW SEEN AS A MARKET RELATIONSHIP (PAY FOR A SERVICE) 35
“Market values were coming to play a greater and greater role in social life. Economics was becoming an imperial domain. Today, the logic of buying and selling no longer applies to material goods alone but increasingly governs the whole of life. It is time to ask whether we want to live this way." M. J. Sandel 36
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THE PROBLEM Each year, hundreds of thousand of babies are born to drugs‐ addicted mothers
Some of these babies are born addicted to drugs, and a great many of them will suffer child abuse or neglect.
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The Solution
1997, North Carolina.
“Scientific development depends in part on a process of non‐incremental or revolutionary change. The usual prelude to changes of this sort is, I believed, the awareness of anomaly, of an occurrence or set of occurrences that does not fit existing ways of ordering phenomena. The changes that result therefore require 'putting on a different kind of thinking‐cap'.”
Barbara Harris launched the «Project prevention»: offer drug‐ T. S. Kuhn addicted women $300 cash if they will undergo sterilization or long‐ 38 term birth control.
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RIGHT TO PROCREATION FOR SALE
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POLLUTING SMOG REACHES RECORD LEVELS IN CHINA
The Problem 40
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The Solution Emissions trading: allows countries that have emission units to spare to sell this excess capacity to countries that are over their targets. Kyoto Protocol (Article 17) 41
RIGHT TO POLLUTE FOR SALE
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The Problem
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The Solution
In Dallas, they pay second graders $2 for each book they read. To collect the cash, students have to take a computerized quiz to prove they’ve read the book.
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DUTY TO LEARN FOR SALE
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WHY WORRY?
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INEQUALITY 47
CORRUPTION 48
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«We have to decide what values should govern the various domains of social and civic life.[…] When we decide that certain goods may be bought and sold, we decide to treat them as commodities, as instruments of profit and use. But not all goods are properly valued in this way. […] We drifted from having a market economy to being a market society» Sandel (2012)
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Thank you for your attention!
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REFERENCES (1)
Cheffers, M., & Pakaluk, M. (2007). Understanding accounting ethics. Sutton, MA: Allen David Press. Duska, R., Duska, B. S., & Ragatz, J. A. (2011). Accounting ethics. John Wiley & Sons; Ladenson, R. (1995). Ford Pinto Case. Kahneman, D. (2011). Thinking, fast and slow. Macmillan. Kant, I.(1785) Groundwork for the Metaphysics of Morals. Kohlberg, L. (1985). Kohlberg’s stages of moral development. Theories of development. Upper Saddle River, NJ: Prentice‐Hall, 118‐136. Low, M., Davey, H., & Hooper, K. (2008). Accounting scandals, ethical dilemmas and educational challenges. Critical Perspectives on Accounting, 19(2), 222‐254. McPhail, K., & Walters, D. (2009). Accounting & Business Ethics: An Introduction. Routledge. Mintz, S. M., & Morris, R. E. (2008). Ethical obligations and decision making in accounting: Text and cases. McGraw‐Hill/Irwin. Rawls, J. (1971). A Theory of Justice (Cambridge. Mass.: Harvard University). Rousseau, J. J. (1994). Discourse on political economy and the social contract. Oxford University Press.
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REFERENCES (2)
Sandel, M. J. (2012). What money can't buy: the moral limits of markets. Macmillan. Sandel, M. J. (2010). Justice: What's the right thing to do?. Macmillan Sen, A. (1997). Economics, business principles and moral sentiments. Business Ethics Quarterly, 7(3), 5‐15. Solomon, R. C. (2002). Business Ethics. In Chadwick, R. F., & Schroeder, D. (2002). Applied ethics: critical concepts in philosophy (Vol. 6). Taylor & Francis. Lewis, P. V. (1985). Defining ‘business ethics’: Like nailing jello to a wall.Journal of Business ethics, 4(5), 377‐383.
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