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301. Business and Professional Ethics Journal: Volume > 34 > Issue: 2
Christopher Michaelson Executive Compensation and Moral Luck
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Executive compensation is wrought with problems of moral judgment. To the extent that compensation rewards or penalizes behavior for which an executive is not justifiably responsible, it is also a problem of luck. Although executive compensation is both a problem of morality and luck, moral luck—which seems to occur when our moral judgments about a moral agent's conduct or character are influenced by factors beyond the agent's control—has not been a factor in the compensation debate. There remains controversy as to whether moral luck is a real or imagined problem, but if it exists, it should be factored into the compensation equation; if it does not, we cannot deny that moral performance presents a measurement problem. Thus, we are forced to accept that moral luck, real or imagined, has important implications for the ways and means by which executives are compensated.
302. Business and Professional Ethics Journal: Volume > 34 > Issue: 2
Julian Friedland Sustainability, Public Health, and the Corporate Duty to Assist
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Several European and North American states encourage or even require, via good Samaritan and duty to rescue laws, that persons assist others in distress. This paper offers a utilitarian and contractualist defense of this view as applied to corporations. It is argued that just as we should sometimes frown on bad Samaritans who fail to aid persons in distress, we should also frown on bad corporate Samaritans who neglect to use their considerable multinational power to undertake disaster relief or to confront widespread social ills such as those currently befalling public health (obesity) and the environment (climate change). As such, the corporate duty to assist approach provides a novel justification for sustainable business practices in such cases. The paper concludes by arguing that traditional stakeholder approaches have not articulated this duty of assistance obligation, though a new utilitarian stakeholder theory by Thomas Jones and Will Felps may be coextensive.
303. Business and Professional Ethics Journal: Volume > 34 > Issue: 2
Kimberly S. Engels A Sartrean Analysis of Conscience-based Refusals in Healthcare: Workplace Decisions in Light of Group Praxis
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This paper provides an analysis of conscience-based refusals in healthcare from a Sartrean view, with an emphasis on the tension between individual responsibility and professional role morality. Conscience-based refusals in healthcare involve healthcare workers refusing to perform actions based on core moral beliefs. Initially this appears in line with Sartrean authenticity, which requires acknowledgment that one is not identical with professional role. However, by appealing to Sartre’s later social thought, I show that professional role morality is authentic when one considers common group practices, which Sartre refers to as pledged group praxis. I demonstrate that for healthcare providers, authenticity mandates putting the goals and generally accepted praxis of healthcare front and center in the workplace decision process. I conclude by strengthening Andrew West’s existentialist decision-making model with Sartre’s later social thought. With the updated model, I show that for healthcare workers most often the authentic decision is to perform generally accepted healthcare procedures in spite of individual moral qualms. This is because working in healthcare necessitates viewing one’s professional tasks in their broader social context—as unified, communal group praxis.
304. Business and Professional Ethics Journal: Volume > 34 > Issue: 2
Charles D. Oden, Monika Ardelt, Cynthia P. Ruppel Wisdom and Its Relation to Ethical Attitude in Organizations
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Wisdom includes the practical application of knowledge, experience, reason, introspection, and intuition, but does its presence impact the ethical attitudes of individuals within organizations? Using Ardelt’s three-dimensional wisdom scale (2003) and a revised version of the ethical attitude measures developed by Wood, Longenecker, McKinney, and Moore (1988), empirical analysis was conducted using 329 responses from non-instructional staff at three colleges located in the southeast. This study is among the first to empirically test the impact of wisdom in a business setting, and also to empirically test the relation between wisdom and ethical attitudes. Correlation and regression analysis results indicated that greater wisdom was positively related to ethical attitudes and the rejection of questionable business practices that are harmful to others and the environment. Also, age was found to be positively related to an individual’s rejection of ethically questionable activities. These findings suggest that developing and encouraging higher levels of wisdom among employees within an organization will likely result in more ethical business practices.
305. Business and Professional Ethics Journal: Volume > 34 > Issue: 3
Christopher Pariso Bhopal and Engineering Ethics: Who is Responsible for Preventing Disasters?
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In this paper, I will provide a picture of the Bhopal disaster from an engineering ethics perspective. I find that the individual engineers involved in Bhopal acted ethically, for the most part, but that these actions failed to prevent the disaster for structural reasons. Nonetheless, there is no single level of analysis at which the problems that caused the Bhopal incident can be solved. Rather, a coordinated attempt must be made to change how individual engineers conceive of their work, how the professional community conceives of its role in supporting ethical conduct, and how societies use regulatory and judicial systems to provide the right incentives to the organizations that engineers work for.
306. Business and Professional Ethics Journal: Volume > 34 > Issue: 3
David Bevan In Memoriam Nigel John Roome, PhD (1953–2016)
307. Business and Professional Ethics Journal: Volume > 34 > Issue: 3
Notes on Contributors
308. Business and Professional Ethics Journal: Volume > 34 > Issue: 3
Vincent Blok, Bart Gremmen, Renate Wesselink Dealing with the Wicked Problem of Sustainability: The Role of Individual Virtuous Competence
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Over the past few years, individual competencies for sustainability have received a lot of attention in the educational, sustainability and business administration literature. In this article, we explore the meaning of two rather new and unfamiliar moral competencies in the field of corporate sustainability: normative competence and action competence. Because sustainability can be seen as a highly complex or ‘wicked’ problem, it is unclear what ‘normativity’ in the normative competence and ‘responsible action’ in the action competence actually mean. In this article, we raise the question how both these moral competencies have to be understood and how they are related to each other. We argue for a virtue ethics perspective on both moral competencies, because this perspective is able to take the wickedness of sustainability into account. It turns out that virtue ethics enables us to conceptualize normative competence and action competence as two aspects of one virtuous competence for sustainability.
309. Business and Professional Ethics Journal: Volume > 34 > Issue: 3
Jennifer Kiefer Fenton "Anyone Can Be Angry, That’s Easy": A Normative Account of Anti-Corporate Anger
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Literature in feminist ethics and care ethics has emphasized the value of the emotions for resisting injustice, particularly anger, on the basis of their motivational force, epistemic insight, and normative content. I point to flaws in this approach and introduce an Aristotelian account of anti-corporate anger that establishes normative conditions for which to (1) evaluate the justifiability of the target of negative emotions and (2) evaluate the justifiability of the expression of negative emotions. I look to this account as the basis for defending a corporate culture account of corporate moral personhood. In closing I consider the Occupy Wall Street movement for further insights into the complex nature of anti-corporate anger and corporate moral personhood.
310. Business and Professional Ethics Journal: Volume > 34 > Issue: 3
Marc-Charles Ingerson, Bradley R. Agle, Thomas Donaldson, Paul C. Godfrey, Jared D. Harris Normative Stakeholder Capitalism: Getting from Here to There
311. Business and Professional Ethics Journal: Volume > 35 > Issue: 1
Notes on Contributors
312. Business and Professional Ethics Journal: Volume > 35 > Issue: 1
Daryl Koehn Why the New Benefit Corporations May Not Prove to Be Truly Socially Beneficial
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Social enterprises may take a variety of legal forms (limited liability companies, nonprofit entities, etc.). This paper focuses primarily upon one particular new form increasingly popular within the United States—the “Benefit Corporation.” I evaluate whether US Benefit Corporations are likely to realize as much social benefit as is frequently claimed. Part One of the paper describes the features of Benefit Corporations as they are constituted in many states. Part Two lays out the benefits extolled by supporters of this US legal corporate form. Part Three challenges these claims and adduces some reasons for doubting whether Benefit Corporations will prove to be as socially useful as they claim to be. Part Four concludes with some suggestions for future lines of research into the nature of the firm and Benefit Corporations in particular.
313. Business and Professional Ethics Journal: Volume > 35 > Issue: 1
David Steingard Benefit Corporations: Ethics and Efficacy of a New Corporate Form
314. Business and Professional Ethics Journal: Volume > 35 > Issue: 1
David Steingard, Jay Coen Gilbert The Benefit Corporation: A Legal Tool to Align the Interests of Business with Those of Society; An Interview with Jay Coen Gilbert, Co-Founder, B Lab
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Jay Coen Gilbert, co-founder of B Lab, discusses his vision for a “new economy” where business is a “force for good.” In this interview, Coen Gilbert provides an overview of how B Lab’s various initiatives—Certified B Corporations, the B Impact Assessment, B Analytics, GIIRS, and Benefit Corporations—function interdependently to accelerate a culture shift to redefine success in business. Coen Gilbert then focuses on the role of benefit corporations in this larger movement. The benefit corporation is a new legal form of business that requires a corporate purpose dedicated to “general public benefit” and the delivery of demonstrable “material positive impact on society and the environment.” Novel fiduciary and reporting requirements differentiate the benefit corporation from the traditional corporation founded on shareholder primacy. Coen Gilbert explains how the benefit corporation is better suited to create long-term shareholder value as well as sustainable value for society, the environment, and other stakeholders. He addresses critiques of and challenges to the benefit corporation as an agent of change for business.
315. Business and Professional Ethics Journal: Volume > 35 > Issue: 1
Eugene Schlossberger Dual-Investor Theory and the Case for Benefit Corporations
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Benefit corporations, whose chartered mission includes attending to specific and general social benefits, are sometimes criticized as monstrous hybrids trying to serve two incompatible purposes. Dual-Investor Theory, which regards society as an investor in every business venture (since the knowledge base, infrastructure, etc. that society provides constitute a kind of capital), answers this objection by providing a natural and compelling rationale for benefit corporations. Several other objections to benefit corporations are articulated and addressed, including the problems of greenwashing and mission drift; lack of clear direction; mismatch between quantitative measures and the nature of social benefit; and the charge that benefit corporations are unnecessary and create additional costs and burdens. When benefit corporations are understood in the light of Dual-Investor Theory, they constitute a potentially significant advance, more a hybrid rose than a monstrous hybrid.
316. Business and Professional Ethics Journal: Volume > 35 > Issue: 1
David Steingard, William Clark The Benefit Corporation as an Exemplar of Integrative Corporate Purpose (ICP): Delivering Maximal Social and Environmental Impact with a New Corporate Form
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This paper offers a new model of corporate purpose and applies it to the emerging legal form of the benefit corporation. First, corporate purpose is applied to the two currently dominant models of shareholder and stakeholder focus. Both are found inadequate to promote positive social and environmental impact because they remain anchored in a profit-seeking corporate purpose. Second, we offer an alterna­tive model of Integrative Corporate Purpose (ICP). Third, we apply ICP to benefit corporations as an ethically superior model for promoting the common good. The benefit corporation offers four advancements: (1) positive duties to stakeholders; (2) legal protections for managers and directors to manage for the common good; (3) a requirement to have a purpose geared toward public benefit; and (4) required report­ing of benefits to stakeholders and the environment. The implications of benefit corporations are discussed within the larger arena of corporate social responsibility.
317. Business and Professional Ethics Journal: Volume > 35 > Issue: 2/3
David Steingard Introduction to Special Issue #2: Benefit Corporations: Ethics and Efficacy of a New Corporate Form
318. Business and Professional Ethics Journal: Volume > 35 > Issue: 2/3
Notes on Contributors
319. Business and Professional Ethics Journal: Volume > 35 > Issue: 2/3
Daryl Koehn, Michael Hannigan Are Benefit Corporations Truly Beneficial?
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Michael Hannigan is the CEO and co-founder of Give Something Back Office Supplies, the third largest office supply company on the west coast of the United States. Hannigan began his business in 1991, long before any benefit corporation legislation was enacted. He reincorporated his business as a benefit corporation after California passed such legislation in 2011. On April 23, 2015, he spoke at the 22nd Annual Stakeholder Dialogue Speaker Series convened at the University of St. Thomas, Minneapolis, by Daryl Koehn and the Veritas Institute. His remarks cover the genesis of his interest in socially responsible business and the start of his company. Hannigan also discusses the arc of what he refers to as the “fourth sector”—the emergence of the social enterprise sector. He evaluates where benefit corporations began and shares his reflections on how they may develop in the future. Hannigan’s talk concludes with a short question and answer session with audience members at the event.
320. Business and Professional Ethics Journal: Volume > 35 > Issue: 2/3
Perry Goldschein, Paul Miesing How Benefit Corporations Effectively Enhance Corporate Responsibility
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Corporations evolved from serving a public purpose at the beginning of the seventeenth century to, legally and culturally, primarily maximizing profit for shareholders which continues at the beginning of this twenty-first century. Government and civil society have largely continued serving the public interest over time, but have struggled to keep pace with increasing and rapidly evolving challenges in recent decades. While social entrepreneurs and the corporate sector have stepped in to help address these challenges, through the practice of corporate responsibility, they have faced unnecessary hurdles in doing so. The benefit corporation was established in 2010 both to remove these hurdles and also help further unleash the power of business to address society’s most pressing problems. Despite various criticisms, benefit corporations are doing just that – enhancing the practice of corporate responsibility in the process – and will continue to improve over time. This paper summarizes the advantages of benefit corporations, points out some shortcomings which serve as areas for improvement, and addresses some of these criticisms.