1. Chapter 42 Ethics and Social Responsibility of Business
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

2. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman
Businesses and Ethics
Businesses organized in the United States are subject to its laws.
They are also subject to the laws of other countries in which they operate.
Business persons owe a duty to act ethically in the conduct of their affairs.
Businesses owe a social responsibility not to harm society.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

3. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman
Business Ethics
A set of moral principles or values that governs the conduct of an individual or a group.
What is lawful conduct is not always ethical conduct.
The law may permit something that would be ethically wrong.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

4. Moral Theories and Business Ethics
Ethical Fundamentalism
Utilitarianism
Ethical Relativism
Rawls’s Social Justice Theory
Kantian Ethics
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

5. Ethical Fundamentalism
When a person looks to an outside source for ethical rules or commands.
Critics argue that ethical fundamentalism does not permit people to determine right and wrong for themselves.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

6. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman
Utilitarianism
A moral theory that dictates that people must choose the action or follow the rule that provides the greatest good to society.
This does not mean the greatest good for the greatest number of people.
Has been criticized because it is difficult to estimate the “good” that will result from different actions.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

7. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman
Kantian Ethics
A moral theory that says people owe moral duties that are based on universal rules.
Based on the premise that people can use reasoning to reach ethical decisions.
This theory would have people behave according to the categorical imperative:
“Do unto others as you would have them do unto you.”
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

8. Kantian Ethics (continued)
Deontology’s universal rules are based on two important principles:
Consistency – all cases are treated alike with no exceptions.
Reversibility – the actor must abide by the rule he or she uses to judge the morality of someone else’s conduct.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

9. Kantian Ethics (continued)
If you are going to make an exception for yourself, that exception becomes a universal rule that applies to all others.
A criticism of this theory is that it is hard to reach a consensus as to what the universal rules should be.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

10. Rawls’s Social Justice Theory
A moral theory that says each person is presumed to have entered into a social contract, with all others in society, to obey moral rules that are necessary for people to live in peace and harmony.
Fairness is considered the essence of justice.
Rawls proposed that the least advantaged much receive special assistance to allow them to reach their potential.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

11. Rawls’s Social Justice Theory (continued)
The principles of justice should be chosen by persons who do not yet know their station in society.
This “veil of ignorance” would permit the fairest possible principles to be selected.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

12. Rawls’s Social Justice Theory (continued)
There are two major criticisms of this theory:
Establishing the blind “original position” for choosing moral principles is impossible in the real world.
Many persons in society would choose not to maximize the benefit to the least advantaged persons in society.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

13. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman
Ethical Relativism
A moral theory that holds that individuals must decide what is ethical based on their own feelings as to what is right or wrong.
There are no universal ethical rules to guide a person’s conduct.
If a person meets his or her own moral standard in making a decision, no one can criticize him or her for it.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

14. Ethical Relativism (continued)
A criticism of this theory is that an action usually thought to be unethical would not be unethical if the perpetrator thought it was in fact ethical.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

15. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman
Summary of Theories
Theory
Description
Ethical fundamentalism
Persons look to an outside source or central figure for ethical guidelines.
Utilitarianism
Persons choose the alternative that would provide the greatest good to society.
Kantian ethics
A set of universal rules establishes ethical duties. The rules are based on reasoning and require (1) consistency in application and (2) reversibility.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

16. Summary of Theories (continued)
Theory
Description
Rawls’s social justice theory
Moral duties are based on an implied social contract. Fairness is justice. Rules are established from an original position.
Ethical relativism
Individuals decide what is ethical based on their own feelings as to what is right or wrong.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

17. Social Responsibility of Business
Business does not operate in a vacuum.
Decisions made by business have far-reaching effects on society.
In the past, many business decisions were made solely on a cost-benefit analysis.
“Bottom line” impact.
Such decisions may cause negative externalities for others.
Corporations owe some degree of social responsibility.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

18. Theories of Social Responsibility
Maximizing Profits
Moral Minimum
Stakeholder Interest
Corporate Citizenship
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19. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman
Maximizing Profits
A theory of social responsibility that says a corporation owes a duty to take actions that maximize profits for shareholders.
The interests of other constituencies are not important in and of themselves.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

20. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman
Moral Minimum
A theory of social responsibility that says a corporation’s duty is to make a profit while avoiding harm to others.
As long as business avoids or corrects the social injury it causes, it has met its duty of social responsibility.
The legislative and judicial branches of government have established laws that enforce the moral minimum of social responsibility on corporations.
Occupational safety laws
Consumer protection laws for product safety
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

21. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman
Stakeholder Interest
A theory of social responsibility that says a corporation must consider the effects its actions have on persons other than its stockholders.
This theory is criticized because it is difficult to harmonize the conflicting interests of stakeholders.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

22. Other Stakeholders of a Business
Employees
Suppliers
Customers
Local Community
Creditors
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

23. Corporate Citizenship
A theory of responsibility that says a business has a responsibility to do good.
Business is responsible for helping to solve social problems.
Corporations owe a duty to promote the same social goals as do individual members of society.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

24. Corporate Citizenship (continued)
This theory argues that corporations owe a debt to society to make it a better place.
This duty arises because of the social power bestowed on corporations.
A major criticism of this theory is that the duty of a corporation to “do good” cannot be expanded beyond certain limits.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

25. © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman
Summary of Theories
Theory
Social Responsibility
Maximizing profits
To maximize profits for stockholders.
Moral minimum
To avoid causing harm and to compensate for harm caused.
Stakeholder interest
To consider the interests of all stakeholders, including stockholders, employees, customers, suppliers, creditors, and local community.
Corporate citizenship
To do good and solve social problems
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman