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The Nature of Law
       The Resolution of Private Disputes
            Business and The Constitution
         Business 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.
Learning Objectives
   Business Ethics
   Ethical Theories
   Corporate Social Responsibility
   Guidelines for Ethical Decision Making
   Critical Thinking




4-3
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

4-4
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




4-5
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 ethnocentric


4-6
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
4-7
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?


4-8
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
4-9
Corporate Social Responsibility
 Do corporations have
  a duty to society?
 This question has
  engendered ongoing
  debate for over a
  century




4 - 10
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




4 - 11
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
4 - 12
Question for Discussion

 Who and what are
  business stakeholders
  for this college?
 What duties – if any
  – does a college
  owe to society?



4 - 13
Guidelines for Ethical Decision
         Making




4 - 14
Apply the Nine Factors
    To a decision whether:
          To lay off employees to cut costs at the plant
           or incur a significant decrease in profit
          To use a less expensive component with a 15%
           increased risk of defect or use a more
           expensive component with decreased profit
          To violate the environmental permit and pay
           the $25,000 fine or spend $50,000 to comply
           with the permit

4 - 15
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
4 - 16
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!



4 - 17
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




4 - 18
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


4 - 19
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




4 - 20
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


4 - 21
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
4 - 22
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.”



4 - 23
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


4 - 24
4 - 25
Test Your Knowledge
    True=A, False = B
          Teleological ethical theories focus on the
           consequences of a decision
          Kantianism holds that a society’s benefits and
           burdens should be allocated fairly among its
           members
          Utilitarianism attempts to maximize utility for
           society as a whole by a cost-benefit analysis


4 - 26
Test Your Knowledge
    True=A, False = B
          A non sequitur is a conclusion that does not
           follow from the facts
          Argumentum ad baculum is using past conduct
           to support an argument about future conduct
          Reductio ad absurdum is also referred to as the
           slippery slope fallacy.
          Argumentum ad populum is an emotional
           appeal to sympathy for victims

4 - 27
Test Your Knowledge
        Multiple Choice
            The business stakeholder standard of behavior
             determines whether an act is, or is not, ethical
             by:
               (a) maximizing a company’s long-run profits
                within the limits of law
               (b) examining the interests of various
                interested parties with regard to a particular
                business action


4 - 28
Test Your Knowledge
        Multiple Choice
            If a person assumes the thing the person is
             trying to prove, the person has made the
             following error in reasoning:
                (a) A false analogy
                (b) Argumentum ad hominem
                (c) Circular reasoning




4 - 29
Test Your Knowledge
        Multiple Choice
            Jack said Firm X and Firm Y are both large
             telecommunications firms. Then Jack said Firm
             X had implemented The Process, so Firm Y
             should also implement The Process. Jack has
             made the following error in reasoning:
               (a) the sunk cost fallacy
               (b) the fallacy of utilitarianism
               (c) fallacy based on the lure of the new
               (d) a false analogy

4 - 30
Thought Question
        If your boss asked you to
         shred documents as part
         of a “routine document
         retention policy” and
         you knew the documents
         were important to a
         criminal investigation,
         what would you do?



4 - 31

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Chapter 39 – Partners’ Dissociation and Partnerships’ Dissolution and Winding Up
Chapter 39 – Partners’ Dissociation and Partnerships’ Dissolution and Winding UpChapter 39 – Partners’ Dissociation and Partnerships’ Dissolution and Winding Up
Chapter 39 – Partners’ Dissociation and Partnerships’ Dissolution and Winding Up
 
Chapter 38 – Operation of Partnerships and Related Forms
Chapter 38 – Operation of Partnerships and Related FormsChapter 38 – Operation of Partnerships and Related Forms
Chapter 38 – Operation of Partnerships and Related Forms
 
Chapter 37 – Introduction to Forms of Business and Formation of Partnerships
Chapter 37 – Introduction to Forms of Business and Formation of PartnershipsChapter 37 – Introduction to Forms of Business and Formation of Partnerships
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Chapter 36 – Third-Party Relations of the Principal and the Agent
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Chapter 35 – The Agency Relationship
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Chapter 34 – Checks and Electronic Transfers
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Chapter 34 – Checks and Electronic Transfers
 
Chapter 33 – Liability of Parties
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Chapter 32 – Negotiation and Holder in Due Course
Chapter 32 – Negotiation and Holder in Due CourseChapter 32 – Negotiation and Holder in Due Course
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Chapter 31 – Negotiable Instruments
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Chapter 30 – Bankruptcy
Chapter 30 – BankruptcyChapter 30 – Bankruptcy
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Chapter 28 – Introduction to Credit and Secured Transactions
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Chapter 28 – Introduction to Credit and Secured Transactions
 
Chapter 27 – Insurance Law
Chapter 27 – Insurance LawChapter 27 – Insurance Law
Chapter 27 – Insurance Law
 
Chapter 24 – Real Property
Chapter 24 – Real PropertyChapter 24 – Real Property
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Chapter 4 – Business Ethics, Corporate Social Responsibility, Corporate Governance and Critical Thinking

  • 1. The Nature of Law The Resolution of Private Disputes Business and The Constitution Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking © 2010 The McGraw-Hill Companies, Inc. All rights reserved.
  • 2. 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.
  • 3. Learning Objectives  Business Ethics  Ethical Theories  Corporate Social Responsibility  Guidelines for Ethical Decision Making  Critical Thinking 4-3
  • 4. 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 4-4
  • 5. 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 4-5
  • 6. 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 ethnocentric 4-6
  • 7. 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 4-7
  • 8. 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? 4-8
  • 9. 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 4-9
  • 10. Corporate Social Responsibility  Do corporations have a duty to society?  This question has engendered ongoing debate for over a century 4 - 10
  • 11. 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 4 - 11
  • 12. 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 4 - 12
  • 13. Question for Discussion  Who and what are business stakeholders for this college?  What duties – if any – does a college owe to society? 4 - 13
  • 14. Guidelines for Ethical Decision Making 4 - 14
  • 15. Apply the Nine Factors  To a decision whether:  To lay off employees to cut costs at the plant or incur a significant decrease in profit  To use a less expensive component with a 15% increased risk of defect or use a more expensive component with decreased profit  To violate the environmental permit and pay the $25,000 fine or spend $50,000 to comply with the permit 4 - 15
  • 16. 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 4 - 16
  • 17. 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! 4 - 17
  • 18. 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 4 - 18
  • 19. 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 4 - 19
  • 20. 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 4 - 20
  • 21. 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 4 - 21
  • 22. 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 4 - 22
  • 23. 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.” 4 - 23
  • 24. 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 4 - 24
  • 26. Test Your Knowledge  True=A, False = B  Teleological ethical theories focus on the consequences of a decision  Kantianism holds that a society’s benefits and burdens should be allocated fairly among its members  Utilitarianism attempts to maximize utility for society as a whole by a cost-benefit analysis 4 - 26
  • 27. Test Your Knowledge  True=A, False = B  A non sequitur is a conclusion that does not follow from the facts  Argumentum ad baculum is using past conduct to support an argument about future conduct  Reductio ad absurdum is also referred to as the slippery slope fallacy.  Argumentum ad populum is an emotional appeal to sympathy for victims 4 - 27
  • 28. Test Your Knowledge  Multiple Choice  The business stakeholder standard of behavior determines whether an act is, or is not, ethical by:  (a) maximizing a company’s long-run profits within the limits of law  (b) examining the interests of various interested parties with regard to a particular business action 4 - 28
  • 29. Test Your Knowledge  Multiple Choice  If a person assumes the thing the person is trying to prove, the person has made the following error in reasoning:  (a) A false analogy  (b) Argumentum ad hominem  (c) Circular reasoning 4 - 29
  • 30. Test Your Knowledge  Multiple Choice  Jack said Firm X and Firm Y are both large telecommunications firms. Then Jack said Firm X had implemented The Process, so Firm Y should also implement The Process. Jack has made the following error in reasoning:  (a) the sunk cost fallacy  (b) the fallacy of utilitarianism  (c) fallacy based on the lure of the new  (d) a false analogy 4 - 30
  • 31. Thought Question  If your boss asked you to shred documents as part of a “routine document retention policy” and you knew the documents were important to a criminal investigation, what would you do? 4 - 31

Editor's Notes

  1. Kant’s categorical imperative may be summarized as “act as you would have all people act” Rights theory is ethnocentric in that not all cultures view rights similarly. For example, the U.S. treats freedom of speech as a fundamental right, but not all cultures agree with that perspective.
  2. While fairness and impartiality appears ideal, justice theory ignores the costs of producing equality, which may create conflict in a theoretically free market society
  3. Many businesses follow utilitarianism because the cost-benefit analysis seems relatively straight-forward Problem is determining and measuring all the “real” costs and benefits. For example, what are the costs and benefits of clean air and how would these costs and benefits be measured? What are the costs and benefits of outsourcing jobs overseas?
  4. Many businesses follow profit maximization because the profit-making goal and the “if legal, then ethical” maxim appears attainable Problem is that corporate profits may not result in benefit to society and ethical conduct may transcend written law (i.e., law is merely a floor).
  5. Opportunity for class discussion
  6. Link to pdf file of the text of the Sarbanes-Oxley Act
  7. Opportunity for class discussion
  8. Opportunity to go back one slide and go through each factor for each example decision making problem
  9. The typical non sequitur is: “I don’t get paid enough, so I’ll take a few supplies. My employer won’t even miss them.” The typical appeal to pity is contained within anti-smoking ads that depict lung cancer patients and the impact on their families
  10. An example of an analogy is arguing that since Six Sigma worked for Company X, it should work for Company Y, too. The analogy may indeed be valid, but it also may be a false analogy.
  11. Circular reasoning is also referred to as “begging the question” because an answer to a query merely restates the question. Example: Political polls are used in argumentum ad populum quite frequently because the arguer states that a poll shows a majority believe in something so they must be right. However, those polled may be ill-informed or the polling process may have been flawed. Bottom line: simply because many people believe something doesn’t mean it is true. The classic example is that people believed the earth was flat until proven wrong by adventuresome sailors. The bandwagon fallacy boils down to this: “Everyone else is doing it, so it must be okay.”
  12. Argumentum ad baculum is often used when a person of authority or in a superior bargaining position pushes his or her views upon others with threats. Examples: threats to boycott a company’s products or file a lawsuit. Argumentum ad hominem is classic methodology in the political sphere: “Don’t trust him, he’s a member of X political party.” This type of argument attacks a person’s character, a conflict of interest, a person’s consistency, or assessing guilt by association.
  13. Argument from authority may be used to belittle the other person when it takes the form of argument to reverence or respect. For example, if someone states, “Who are you to question expert X?” False cause fallacies are very common, which is why causation is such an important element of tort law..
  14. The chances of getting heads are 50% every time a coin is flipped since each coin flip is an independent event. Appeals to tradition are not necessarily flawed, but simply doing something because it has been done before is flawed reasoning.
  15. The slippery slope argument is very common with those who advocate a position regarding controversial topics such as abortion, health care, crime statistics, tort reform, etc. Recognizing the slippery slope argument is easy: “If we do this, then this will happen, and then this terrible thing will happen.”
  16. The lure of the new is very common in marketing, but may be seriously flawed if the new product is defective or isn’t evaluated on the basis of substance. The sunk cost fallacy is an easy pitfall for businesses when pursuing projects that originally seemed important.
  17. Opportunity for class discussion
  18. True False. Kantism applies the categorical imperative in which a person should judge a proposed action by applying it universally . Justice theory holds that a society’s benefits and burdens should be allocated fairly among its members True.
  19. True. False. Argumentum ad baculum is using the past to support an argument about the future threats or fear to support a position . True. Reductio ad absurdum carries an argument to its logical end, but does not consider whether it is an inevitable or probable result . False. Argumentum ad populum is an emotional appeal to popular beliefs
  20. The correct answer is (b)
  21. The answer is (c).
  22. The correct answer is (d). 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. For example, stating (1) Company X and Company Y are both large, and (2) Company X did activity 1, so (3) Company Y should also do activity 1, is a false analogy. A fallacy based on the lure of the new may also be an underlying fallacy, but is not the primary error in reasoning. The sunk cost fallacy reduces to “throwing good money after bad.” Utilitarianism is a theory of ethics.
  23. This is the situation Arthur Andersen employees were faced with when told to shred documents related to Enron.