Business Ethics, Miscellaneous

Se consideră conceptul de inteligență emoțională ca fiind invalid, atât pentru că nu este o formă de inteligență, cât și pentru că este definit atât de larg și incluziv încât nu are un sens inteligibil. Extinderea termenului de „inteligență” distorsionează sensul conceptului. Motivul final ar fi egalitarismul, astfel încât toată lumea să fie considerată egală în inteligență. Iinteligența emoțională nu ar fi, în fapt, o altă formă sau tip de inteligență, ci inteligența (capacitatea de a înțelege abstracțiunile) aplicată unui anumit (...) domeniu, respectiv emoțiile. Percepția inteligenței emoționale ca o calitate morală de drept este greșită, aceasta nefiind decâ un instrument pentru îndeplinirea obiectivelor, putând fi utilizată ca o armă pentru manipularea celorlalți. DOI: 10.13140/RG.2.2.24452.76169. (shrink)

Many business transactions and employment contracts are wrongfully exploitative despite being consensual and beneficial to both parties, compared with a nontransaction baseline. This form of exploitation can present governments with a dilemma. Legally permitting exploitation may send the message that the public condones it. In some economic conditions, coercively enforced antiexploitation law may harm the people it is intended to help. Under these conditions, a way out of the dilemma is to enact laws with provisions that lack coercive enforcement. Noncoercive (...) law would convey the state’s condemnation of wrongful exploitation without risking the harmful effects of coercively enforced law. It would also give firms and their agents a way of explaining nonexploitative pricing decisions to investors, and it may help give precise content to the moral duty to set prices and wages fairly. Governments should thus consider noncoercive law a viable component of their responses to exploitation. (shrink)

Most business ethicists maintain that corporate actors are subject to a variety of moral obligations. However, there is a persistent and underappreciated concern that the competitive pressures of the market somehow provide corporate actors with a far-reaching excuse from meeting these obligations. Here, we assess this concern. Blending resources from the history of philosophy and strategic management, we demonstrate the assumptions required for and limits of this excuse. Applying the idea of ‘the state of nature’ from Thomas Hobbes, we suggest (...) that corporate actors would be excused from duties if complying with them threatened their vital interests. We show how this excuse is not available for most individuals within firms; instead, it is an excuse perhaps available to firms themselves, but only given substantive assumptions about corporate personhood. For those willing to make these assumptions, we apply the competitive advantage construct to delimit the scope of this excuse. We suggest that firms are excused from fulfilling an obligation when complying leads to a competitive disadvantage, as this imperils the firm’s vital interests. After revealing why this excuse does not generalize, we conclude by considering when we should reform the market to avoid the legitimacy of this excuse. (shrink)

Epistemic practices are an important but underappreciated component of business ethics; good conduct requires making epistemically sound as well as morally principled judgments. Well-founded judgments are promoted by epistemic virtues, and for organizations, epistemic virtues are arguably achieved through organizational good epistemic practices. But how are such practices to be developed? This paper addresses this normative and practical challenge. The first half of the paper explains what organizational good epistemic practices are and outlines a means for their construction. The second (...) half of the paper demonstrates how specific good epistemic practices could be developed by considering a case of corporate epistemic failings: JPMorgan’s notorious 2012 ‘London Whale’ trading losses. Following this, the paper briefly surveys the institutional epistemic failings of the 2008 global financial crisis and the remedial actions that they suggest. Although the discussion is focused on the banking industry, the main ideas, and some of the epistemic practices, generalize to organizations in other industries. (shrink)

Respondeat superior is a legal doctrine conferring liability from one party onto another because the latter stands in some relationship of authority over the former. Though originally a doctrine of tort law, for the past century it has been used within the criminal law, especially to the end of securing criminal liability for corporations. Here, I argue that on at least one prominent conception of criminal responsibility, we are not justified in using this doctrine in this way. Firms are not (...) answerable for the crimes committed by their employees, because firms cannot answer as to why the crime was committed; they lack the authority to offer the employee’s reasons for action. Though this rules out respondeat superior as a general principle, I show contexts in which vicarious liability is still appropriate in the criminal law, and I respond to a number of other concerns raised by this picture. (shrink)

Good epistemic practices are essential to the well-functioning of organizations. Epistemic practices are adopted norms, policies, procedures, and general methodologies that further our epistemic aims or realize our epistemic values. This chapter argues for the importance of organizational good epistemic practices through an analysis of the failures of risk management implicated in JPMorgan’s notorious ‘London Whale’ trading losses, which roiled the financial markets in 2012. A number of these failures of risk management exemplified ways in which we, as fallible reasoners, (...) may be prone to error individually and collectively. Good epistemic practices inter alia anticipate and endeavor to correct for erroneous patterns of reasoning. They help guard against future epistemic failings, and they support good reasoning within and on the part of organizations. In so doing, they constitute some of the key structural elements of organizational epistemic virtues. (shrink)

This article argues that businesses are morally responsible for compensating the people harmed by their activities even if they were not negligent, i.e., the businesses took reasonable precautions. Critics of this position maintain that responsibility requires choice, and by taking precautions, businesses choose not to harm others. This article accepts their argument’s first premise but rejects the second premise. It contends that businesses often seek risky or innovative activities to increase profits, and the essence of innovative activities is that precautions (...) cannot sufficiently reduce their foreseeable harmful consequences. The correct understanding of businesses’ decision-making enables us to appreciate that businesses choose to undertake risky activities while knowing that they can harm others despite preventive measures. It follows that preventive measures should not serve as an excuse against liability for harm. (shrink)

Are corporations ever morally obligated to engage in counterspeech—that is, in speech that aims to counter hate speech and misinformation? While existing arguments in moral and political philosophy show that individuals and states have such obligations, it is an open question whether those arguments apply to corporations as well. In this essay, I show how two such arguments—one based on avoiding complicity, and one based on duties of rescue—can plausibly be extended to corporations. I also respond to several objections to (...) corporate counterspeech. (shrink)

For-profit managed care organizations face decisions about cost sharing that can involve a tradeoff between the interests of investors and the interests of patients. No successful business can ignore the interests of its investors, but moral philosophy points to ethical reasons for managed care organizations to make patients’ health, rather than investors’ profit, their primary goal. One reason is the ethical obligation of all businesses to avoid wrongful exploitation of vulnerable customers. An insurance company’s cost-sharing policy can exploit customers either (...) by collecting an unfairly large amount of money from them or by unfairly deterring them from making claims for resources they medically need. Another reason stems from the fact that managed care organizations’ profits derive in part from the existence of artificial barriers to access to medicine, notably including patents. Putting a fence around a water well in the desert is legitimate only if doing so facilitates a financial arrangement that maximizes people’s access to water they need. Likewise, patents and other artificial barriers to access to medically necessary drugs are legitimate only if they are used to help finance access to medical resources people need. For these reasons, managed care organizations should make cost-sharing decisions that maximize the sustainable availability of effective drugs to patients who need them. (shrink)

One common argument against sweatshops is that they are exploitative. Exploitation is taken as sufficient reason to condemn sweatshops as unjust and to argue that sweatshop owners have a moral duty to offer better working conditions to their employees. In this article, I argue that any exploitation theory falls short of covering all standard cases of sweatshops as exploitative. In going through the most prominent theories of exploitation, I explain why any given sweatshop can either be wrongfully exploitative or not, (...) depending on the exploitation theory being considered and the circumstances of the application. I conclude by suggesting that sweatshop critics had better find other reasons besides the charge of exploitation to protest or interfere with these workplaces. (shrink)

We propose a ‘Moral Imagination’ methodology to facilitate a culture of responsible innovation for engineering and product teams in technology companies. Our approach has been operationalized over the past two years at Google, where we have conducted over 50 workshops with teams from across the organization. We argue that our approach is a crucial complement to existing formal and informal initiatives for fostering a culture of ethical awareness, deliberation, and decision-making in technology design such as company principles, ethics and privacy (...) review procedures, and compliance controls. We characterize some distinctive benefits of our methodology for the technology sector in particular. (shrink)

Game theory involves deliberating about what to do in light of what other people are likely to do. One of the central frameworks of game theory is the prisoner’s dilemma, in which participants who make rational choices end up in suboptimal outcomes. Using the prisoner’s dilemma to model competition between firms sets the stage for a new and promising approach to business ethics: the market failures approach.

The ‘limits of markets’ debate broadly concerns the question of when it is (im)permissible to have a market in some good. Markets can be of tremendous benefit to society, but many have felt that certain goods should not be for sale (e.g., sex, kidneys, bombs). Their sale is argued to be corrupting, exploitative, or to express a form of disrespect. InMarkets without Limits, Jason Brennan and Peter Jaworski have recently argued to the contrary: For any good, as long as it (...) is permissible to give it for free, then it is permissible to give it for money. Their thesis has led to a number of engaging objections, and I leverage recent work on the nature of feasibility within political philosophy to offer a new challenge.I argue that feasibility offers a constraint on which markets can be permissibly implemented. Though it may be possible to create a morally acceptable version of an otherwise repugnant market, some of these markets may be infeasible, and so we are not permitted to implement them. After laying out this challenge, I consider several replies. They concern the relevance of feasibility, and whether any markets really are infeasible. This provides an opportunity to explore the dangers of pursuing the infeasible and with markets generally. I conclude by considering what might lead us to pursue these markets despite their infeasibility, or how knowledge of infeasibility may prove useful regardless. (shrink)

Economistic Business Ethics Denial (BED) is the belief that contemporary business has features that make it systematically incompatible with ethics. Using over 1200 participants across seven separate samples we established the substantive validity of a BED Scale, confirmed its theorized structure, psychometric properties, convergent, and discriminant validity. The results suggest that the scale assesses four correlated factors of economistic BED. The scale can be used in future research on ethical decision making in business, and business ethics education.

Few would deny that some central questions in business ethics are normative. But there has been, and remains, much skepticism about the value of traditional philosophical approaches to answering these questions. I have three central aims in this chapter. The first is to defend traditional philosophical approaches to business ethics against the criticism that they are insufficiently practical. The second is to defend the view that the appropriate methodology for pursuing work in business ethics is largely continuous with the appropriate (...) methodology in moral and political philosophy more broadly. And the third is to offer a brief characterization of how we should think about the substance of business ethics, in light of my arguments about its proper aims and methodology. (shrink)

I aim in this paper to provide defense of one way to look at what should be regulated in the market place. In particular, I discuss what should be tolerated and argue against corporate welfare. I begin by endorsing John Stuart Mill’s harm principle as a normative principle of toleration. I call strict commitment to the harm principle when considering the regulatory structure of markets market libertarianism and oppose that to promotionism, the view that endorses government interference to promote business (...) interests. I next discuss the widespread use of promotionist policies, arguing against them and for market libertarianism. I also consider problems for my view, recognizing that one of my responses may leave some thinking the paper is a reductio of the market libertarian view because of the sort of slow-growth state it endorses. Others will recognize it as a view promoted by some of the U.S. founding fathers and find it attractive in its own right. (shrink)

Kates argues that ex ante contractualism fails to defend interference with sweatshops on moral grounds. In this commentary, I argue that Kates does not apply this approach correctly. Ex ante contractualism, indeed, successfully defends interference and thus should still be considered an appealing alternative to other moral approaches for evaluating when and how to interfere in sweatshop conditions to help workers.

Employers seeking to control employee behavior outside of working hours is nothing new. However, recent developments have extended efforts to control employee behavior into new areas, with new significance. Employers seek to control legal behavior by employees outside of working hours, to have significant influence over employee’s health-related behavior, and to monitor and control employee’s social media, even when this behavior has nothing to do with the workplace. In this article, I draw on the work of political theorists Jon Elster, (...) Gerald Gaus and Michael Walzer, and privacy scholars Daniel Solove and Anita Allen, to show what is wrong with this extension of employer control of employee’s outside of work behavior. I argue that there are ethical limits on the controls that employers may put on their employees’ out of work behavior, and that many of these limits should be enshrined into legal protections which would prevent employers from conditioning employment on the regulations criticized. -/- (Please note that the version of this paper on SSRN is a pre-publication version. Please cite and refer to the published version when possible.). (shrink)

Animals have moral status, and we have corresponding obligations to take their interests into account. I argue that Stakeholder Theory provides a moderate, yet principled way for businesses to do so. Animals ought to be treated as stakeholders given that they affect and are affected by the achievement of the objectives of the businesses in which they are involved. Stakeholder Theory therefore requires taking those interests into account. It does not, however, require that they be given the same weight as (...) human interests. By taking the stakeholder approach, businesses can avoid merely reacting to (rapidly increasing) public outcry over the treatment of animals. Even those who hold extreme positions—that businesses have no obligations to animals, or that animal products and services are inherently immoral—can take the treatment of animals as stakeholders to provide an ethical realpolitik of sorts that is both better for animals and better for business. (shrink)

Some sharing economy firms have adopted a strategy of “regulatory entrepreneurship,” openly violating regulations with the aim of rendering them dead letters. This article argues that in a democracy, regulatory entrepreneurship is a presumptively unethical business strategy. In all but the most corrupt political environments, businesses that seek to change their regulatory environment should do so through the democratic political process, and they should do so without using illegal business practices to build a political constituency. To show this, the article (...) defends a qualified moral obligation for businesspeople to obey the law even in societies that fall short of ideal democracy and that are rife with economic injustice. Owners and managers of successful businesses have strong moral reasons to obey laws concerning resource allocation. Such laws include not only property law, but also tax laws, environmental regulations, and other laws that regulate businesses in competitive markets. The moral reasons to obey such laws apply even to laws that business leaders think unfair or inefficient, provided that the laws in question have reasonable, good faith defenders. (shrink)

In this paper, I argue that businesses bear a pro tanto, negative, moral obligation to refuse to engage in economic relationships with representatives of intolerable ideologies. For example, restaurants should refuse to serve those displaying Nazi symbols. The crux of this argument is the claim that normal economic activity is not a morally neutral activity but rather an exercise of political power. When a business refuses to engage with someone because of their membership in some group, e.g., Black Americans, this (...) is a use of political power to signal that Black Americans are other. Conversely, when businesses engage with someone who is clearly representing an intolerable ideology, this is a use of political power that signals the acceptability of that ideology. Businesses should not do this. (shrink)

Strategies are mentioned across a variety of domains, from business ethics, to the philosophy of war, philosophy of sport, game theory, and others. However, despite their wide use, very little has been said about how to think about what strategies are or how they relate to other prominently discussed concepts. In this article, I probe the close connection between strategies and plans, which have been much more thoroughly characterized in the philosophy of action. After highlighting the challenges of analyzing strategies (...) in terms of plans, I show how the work done on the connection between plans and intentions can inspire further questions about the nature of strategy. I conclude by showing how one particular innovation in the understanding of plans—how they can be more or less partial—can be used to help us to mark what makes for a good strategy. (shrink)

In this paper, I defend what may seem a surprising view: that John Stuart Mill’s famous harm principle would, if taken to be what justifies government action, disallow the existence of corporations. My claim is not that harmful activities of currently existing corporations warrants their losing corporate status according to the harm principle. The claim, rather, is that taken strictly, the harm principle and the legal possibility of incorporation are mutually exclusive. This view may be surprising—and I do not at (...) all mean to attribute it to Mill—but if I am right, it should be obvious. It should also encourage us to think more about the nature of the markets within which business occurs. (shrink)

Spoofing is the act of placing orders to buy or sell a financial contract without the intention to have those orders fulfilled in order to create the impression that there is a large demand for that contract at that price. In this article, I deny the view that spoofing in financial markets should be viewed as morally permissible analogously to the way bluffing is permissible in poker. I argue for the pro tanto moral impermissibility of spoofing and make the case (...) that spoofing is disanalogous from bluffing in at least one important regard—speculative trading serves an important economic role, whereas poker does not. (shrink)

Timothy Hsiao asks a good question: Why believe animals deserve moral consideration? His answer is that we should not. He considers various other answers and finds them wanting. In this paper I consider an answer Hsiao has not yet discussed: We should accept a conservative view about how to form beliefs. And such a view will instruct us to believe that animals deserve moral consideration. I think conservatives like Hsiao do best to answer his question in a way that upholds (...) the moral status of animals. Since my answer is one Hsiao has not yet addressed, it is compatible with the main points he makes against various other motivations in his many papers on this topic. So my paper should be understood as an invitation to Hsiao to consider another answer. (shrink)

Recently, dramatic price increases by several pharmaceutical companies have provoked public outrage. These scandals raise questions both about how pharmaceutical firms should be regulated and about how pharmaceutical executives ethically ought to make pricing decisions when drug prices are largely unregulated. Though there is an extensive literature on the regulatory question, the ethical question has been largely unexplored. This article defends a Kantian approach to the ethics of pharmaceutical pricing in an unregulated market. To the extent possible, pharmaceutical companies must (...) price drugs so that those who genuinely need them can get them without financial ruin. This requirement is an ethical side constraint, like the moral prohibitions on deception and theft, that takes precedence over a business’s interest in maximizing profit. That said, the requirement’s application is sensitive to the need to recoup the costs of research and to produce a return that financially justifies the original investment. It may not be either feasible or desirable for government to attempt to enforce the ethical requirements concerning just pharmaceutical pricing. Either price regulation or subsidy could fulfill government’s obligation to protect patients from being objectionably vulnerable to pricing decisions by private companies. (shrink)

What is a conflict of interest? What is morally problematic about one? Beginning with the definition, this paper organizes the core literature and creates two continuums—one devoted to the more specific definition of ‘interest,’ and the other to that of ‘duty’. Each continuum places the authors according to the narrowness or broadness of their positions, which facilitates the understanding of the debate as well as what is at stake when defining conflicts of interest. The paper then develops a moral analysis (...) that leads to the sought-for definition and to an explanation of why we should treat conflicts of interest carefully. While doing so, the paper discloses the criterion to judge whether a definition is right and presents the duties that makes conflicts of interest special as ‘tertiary’ duties of morality. (shrink)

A Good Life in the Market develops a framework for thinking about business ethics, examining the nature and potential of markets before crisply exploring a set of important issues—from immigration to intellectual property to boycotts to workplace governance. Provocative, engaging, and conversational, Gary Chartier offers tools and perspectives that will help you flourish in the world of business.

Those who argue that corporations can be morally responsible for what they do help us to understand how autonomous corporate agency is possible, and those who argue that they cannot be help us maintain distinctive value in human life. Each offers something valuable, but without securing the other's important contribution. I offer an account that secures both. I explain how corporations can be autonomous agents that we can continue to be justified in blaming as responsible agents, but without it also (...) being the case that corporations are morally responsible for anything that they do. The upshot is that we can make sense of the reality of corporate agency and the value that we derive from our sophisticated interactions with them as autonomous agents, while vindicating the idea that they are not members of the moral community. (shrink)

This case study analyzes precarious employment from the perspective of different theories of distributive justice. Its purpose is to serve as a learning tool for students in business ethics courses.

Activists and progressive governments sometimes interfere in the working conditions of sweatshops. Their methods may include boycotts of the products produced in these facilities, bans on the import of these products or tariffs imposed by the home country, and enforcing the host country’s laws that aim at regulating sweatshops. Some argue that such interference in sweatshop conditions is morally wrong since it may actually harm workers. The reason is that the enterprise that runs the sweatshop may choose to lay off (...) some workers as the result of effective interference in order to maintain their profit at the desired level. If successful, this argument would prohibit any interference in sweatshop conditions on moral grounds. In this article, I argue in dissent and build a contractualist argument in favor of the moral permissibility of interference in sweatshops. I base my argument on an ex ante interpretation of T.M. Scanlon’s contractualism. (shrink)

This study adds to the existing literature on meaningful work by offering a cross-cultural perspective. Since work shapes the kind of person that we are and plays an important role in our well-being, some theorists have adopted a virtue theory approach to meaningful work using an Aristotelian-MacIntyrean framework. For lack of a better term, I will call this a western virtue theory. This paper presents a contemporary virtue-focused Buddhist perspective on the topic. While a virtue-ethics interpretation of Buddhism is now (...) widely accepted and has been applied to several issues, not much has been written about meaningful work using a Buddhist-Aristotelian comparative framework. Buddhism is an important cultural component not only of countries that are predominantly Buddhist, but of other societies that have come in contact with it. To develop a Buddhist framework, I draw heavily from the works of Buddhist scholars, particularly in the West who use a virtue framework in interpreting Buddhism. The aims of my essay are dual. The first is to articulate a straightforward application of Buddhism on the contemporary ethical discussion of meaningful work. The second is to discuss the similarities, clarify the differences, and demonstrate the strengths and weaknesses relative to each other of the Buddhist and the Western virtue theory perspectives. In my analysis, I argue that consideration of Buddhist perspective will enable us to construct a cross-cultural, inclusive, and pluralistic conceptual model for the deliberation of meaningful work that complements the Western virtue theory. (shrink)

One can work for another person, probably for all the others in an ethical way, and not for money. This is the main idea pursued in this article. When it comes to labour, we are inclined to deal with Marx. But even Marx apparently did not notice this ethical side of labour, because his focus was mainly on the creation of value, which was common among thinkers at that time, such as Locke and Smith. In contrast, Hegel consistently tackled the (...) same issue from another angle: ethics. In terms of this, he went so far as to say the dignity of humans should be located in labour. We shed light on this very aspect of Hegel’s philosophy by reference to Alexandre Kojève’s famous commentary, Introduction à la lecture de Hegel. (shrink)

The 'critical turn' in tourism studies is defined as a research perspective that explores social transfor- mation in and through tourism by facing the negative impact of strategic-instrumental rationality on this activity. This work explores the features of discourse ethics that may normatively support tourism transformation, a gap that has not been thoroughly discussed in tourism research. For this purpose, the study combines the use of critical and ethical theory with an analysis of discourse ethics in tourism literature to demonstrate (...) that the use of Habermasian discourse ethics needs to be complemented with the Apelian approach. Through these steps the work reveals the theoretical bases of discourse ethics to discuss whether understandings between stakeholders guided by strategic-instrumental rationality can be reached not only in the political sphere —Habermas—, but also in the ethical field —Apel. (shrink)

In 1956 the first edition of Samuel Noah Kramer's bestselling History Begins at Sumer: Thirty-nine Firsts in Recorded History appeared, a good place if any to look for the origins of business ethics. It is perhaps not customary to think of hours of work as particularly important in business ethics, but how many hours someone works has long been a key concern in commercial circles. If business ethics is centrally concerned with "moral reasoning aimed at supporting managers' ethical obligations", then (...) issues such as work ethic remain central to its understanding. The environmental movement has a past that reaches back into the nineteenth century, but the appearance of marine biologist Rachel Carson's Silent Spring became a rallying point for a new generation of critics of business behavior. The key historical development in business ethics is its establishment as a field of study in university education. (shrink)

Without doubt, the global challenges we are currently facing—above all world poverty and climate change—require collective solutions: states, national and international organizations, firms and business corporations as well as individuals must work together in order to remedy these problems. In this chapter, I discuss climate change mitigation as a collective action problem from the perspective of moral philosophy. In particular, I address and refute three arguments suggesting that business firms and corporations have no moral duty to reduce greenhouse gas emissions: (...) (i) that business corporations are not appropriate addressees of moral demands because they are not moral agents, and (ii) that to the extent that they are moral agents their primary moral obligation is to their owners or shareholders, and (iii) the appeal to the difference principle: that individual business corporations cannot really make a significant difference to successful climate change mitigation. (shrink)

Many proponents of corporate agency take corporations to be responsible for their conduct, but few take them to merit rights over and above the rights of their members. Hasnas (2016) argues that, given a widely-held view of liberal political theory, corporate agency entails that corporations should have the right to vote. In response, I show that there are problems in appealing to liberal political theory, and that the view of voting Hasnas actually endorses need not be accepted. Should it be, (...) however, the implications go far beyond the right to vote. (shrink)

James Stacey Taylor claims that my argument in “Can’t Buy Me Love” is both incomplete and doomed to fail. I grant some of Taylor’s points, but remind him that semiotic objections to the commodification of certain goods are strongest when we think not about individual market transactions, but about what it means for a society to support the market in question.

It is a common assumption that medical institutions may permissibly use the force of law to seek remuneration for costs incurred in medical intervention done without patient consent. In this paper, we challenge that assumption. Specifically, we claim that: Generally, when patients who lack capacity are given medical treatment without their consent, those practitioners who treated them are wrong to use legal mechanisms to secure remuneration for that treatment.

The unique role of the Internet in today’s society, and the extensive reach and potentially profound impact of much Internet content, raise philosophically interesting and practically urgent questions about the responsibilities of various agents, including individual Internet users, governments, and corporations. Raphael Cohen-Almagor’s Confronting the Internet’s Dark Side is an extremely valuable contribution to the emerging discussion of these important issues. In this paper, I focus on the obligations of Internet Service Providers and Web Hosting Services with respect to online (...) hate speech. I argue that although Cohen-Almagor is correct that we should not understand these companies’ obligation to protect and promote freedom of expression as always taking priority over potentially competing values, his argument that they ought to deny service to those who would engage in hate speech online is less than fully convincing. In part this is because his definition of hate speech is, in important respects, overly broad. In addition, I argue that the analogies to which he appeals in defense of his position are flawed, and that a more accurate analogy appears to provide at least some support to the view that ISP’s and WHS’s ought not deny service to those who would engage in at least some forms of hate speech. (shrink)

Cloud computing is rapidly gaining traction in business. It offers businesses online services on demand (such as Gmail, iCloud and Salesforce) and allows them to cut costs on hardware and IT support. This is the first paper in business ethics dealing with this new technology. It analyzes the informational duties of hosting companies that own and operate cloud computing datacenters (e.g., Amazon). It considers the cloud services providers leasing ‘space in the cloud’ from hosting companies (e.g, Dropbox, Salesforce). And it (...) examines the business and private ‘clouders’ using these services. The first part of the paper argues that hosting companies, services providers and clouders have mutual informational (epistemic) obligations to provide and seek information about relevant issues such as consumer privacy, reliability of services, data mining and data ownership. The concept of interlucency is developed as an epistemic virtue governing ethically effective communication. The second part considers potential forms of government restrictions on or proscriptions against the development and use of cloud computing technology. Referring to the concept of technology neutrality, it argues that interference with hosting companies and cloud services providers is hardly ever necessary or justified. It is argued, too, however, that businesses using cloud services (banks, law firms, hospitals etc. storing client data in the cloud, e.g.) will have to follow rather more stringent regulations. (shrink)

This paper proposes a novel use of tax policy to address one of the most pressing issues arising from economic globalization and international migration, that of “brain drain” – in particular, the migration of certain skilled and highly trained or educated professionals from less and least developed countries to wealthy “western” countries. This problem is perhaps most pressing in relation to doctors, nurses, and other medical professionals, but exists also for teachers, lawyers, economists, engineers, and other highly skilled or trained (...) professionals. While there have been other proposals in the past to use tax policy to address brain drain (most famously versions of the so-called “Bhagwati Tax”, a form of exit tax), in this paper I provide an account of and justification for using tax credits, modeled loosely on the foreign tax credits U.S. citizens receive in certain situations for taxes paid in other countries. My proposal avoids several of the pitfalls of other methods of using tax policy to ameliorate the harms of brain drain, as it does not subject people from the developing world to potentially onerous double taxation, and does not depend on sophisticated tax collection capabilities within developing countries, capabilities which are often lacking. Additionally, my proposal also leads to fewer morally problematic restrictions on the liberty of citizens of less and least developed countries than do non-taxed based alternative proposals, such as temporary bans on migration. While the proposal cannot hope to completely solve the problems that arise in relation to brain drain – no approach can do this – it does provide a straightforward way to ameliorate the problems that arise from it without placing significant financial or liberty burdens on already less advantaged people from the developing world. -/- (This paper may be downloaded for free from the link to my SSRN page below). (shrink)

Critics of commodification often claim that the buying and selling of some good communicates disrespect or some other inappropriate attitude. Such semiotic critiques have been leveled against markets in sex, pornography, kidneys, surrogacy, blood, and many other things. Brennan and Jaworski (2015a) have recently argued that all such objections fail. They claim that the meaning of a market transaction is a highly contingent, socially constructed fact. If allowing a market for one of these goods can improve the supply, access or (...) quality of the good, then instead of banning the market on semiotic grounds, they urge that we should revise our semiotics. In this reply, I isolate a part of the meaning of a market transaction that is not socially constructed: our market exchanges always express preferences. I then show how cogent semiotic critiques of some markets can be constructed on the basis of this fact. (shrink)

In several works, Jason Brennan and Peter Martin Jaworski defend the following thesis: If it is permissible to have, use, or exchange something for free, then it is permissible to have, use, or exchange that thing for money. In this paper, I argue that No Limits is false. Moreover, the reasons why it is false reflect many of the complaints made against markets. The paper will proceed as follows: In §1, I summarize Brennan and Jaworski’s position to clarify exactly what (...) a challenge to No Limits requires. In §2, I raise just such a challenge, one which also captures the concern behind some “semiotic objections.” In §3, I offer a modification to No Limits that avoids my objection but, as a result, re-opens the question of whether markets in some of the goods Brennan and Jaworski discuss are permissible. I conclude in §4 by considering a possible response and some thoughts on the dialectic as it stands. (shrink)

Jared D. Harris, Brian T. Moriarty, and Andrew C. Wicks’ recent book collects eleven chapters by well-known scholars on the question of public trust in business, published along with an introduction and conclusion by the editors. But the collection doesn’t make progress on what this reviewer takes to be the two essential questions. This review outlines those questions and then addresses a further, more technical difficulty with the conceptualizations of trust at work across the chapters. The central theme here is (...) that business as an institution has obligations to society; we—the public—trust business to act on those obligations; and when business violates those obligations our trust is betrayed. The essays collected in this volume do not directly address the question of what those obligations are, but this should be the starting point for an investigation of public trust in business. (shrink)

This chapter discusses how order ethics relates to the theory of justice. We focus on John Rawls's influential conception "Justice as Fairness" (JF) and compare its components with relevant aspects of the order-ethical approach. The two theories, we argue, are surprisingly compatible in various respects. We also analyse how far order ethicists disagree with Rawls and why. The main source of disagreement that we identify lies in a thesis that is central to the order ethical system, viz. the requirement of (...) incentive-compatible implementability. It purports that an ethical norm can be normatively valid only if individuals have a self-interested motive to support it. This idea conflicts with the Rawlsian view because there are cases where it is not clear, from the standpoint of self-interest, why everybody should support its moral demands. If the thesis of incentive-compatible implementability is, in fact, correct, a proponent of JF would have to reform her views. We suggest how she could do that while salvaging the heart of her normative system as a “regulative idea”. The conception that would result from this reformation may be seen as a new variant of order ethics, which we propose to call “Rawlsian Order Ethics”. (shrink)

This case study analyzes the Fair Trade coffee label "Café Feminino" (as well as Fair Trade more generally) from the perspective of different theories of distributive justice. Its purpose is to serve as a learning tool for students in business ethics courses.