David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Business Ethics Quarterly 17 (3):399-426 (2007)
Abstract: The corporate scandals of the past few years have brought renewed attention to the problem of curtailing dishonest and fraudulent business practices, a problem on which strategic, ethical, and law enforcement interests should be aligned. Unfortunately, several features of federal criminal law and federal law enforcement policy have driven a wedge into this alignment, forcing managers to choose between their ethical obligations and their obligation to obey the law or aid law enforcement. In this article, I examine the nature and implications of the growing divergence between managers’ ethical and legal obligations. After describing the traditional approach to business ethics analysis, I identify the features of federal criminal law and law enforcement policy that are responsible for the divergence and show how they are undermining the efficacy of the traditional approach. I illustrate this effect with the issue of workplace confidentiality. I then argue that the traditional approach must be reformed to give explicit recognition to the legal dimension of normative analysis, and demonstrate how such a reformed approach would function by applying it to three illustrative issues—organizational justice, privacy, and ethical auditing—and supplying a case study—KPMG’s allegedly abusive tax shelters
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Joseph Heath, Jeffrey Moriarty & Wayne Norman (2010). Business Ethics and (or as) Political Philosophy. Business Ethics Quarterly 20 (3):427-452.
Thomas A. Hemphill & Francine Cullari (2009). Corporate Governance Practices: A Proposed Policy Incentive Regime to Facilitate Internal Investigations and Self-Reporting of Criminal Activities. [REVIEW] Journal of Business Ethics 87 (1):333 - 351.
Curtis L. Wesley Ii & Hermann Achidi Ndofor (2013). The Great Escape: The Unaddressed Ethical Issue of Investor Responsibility for Corporate Malfeasance. Business Ethics Quarterly 23 (3):443-475.
Similar books and articles
William Arthur Wines (2008). Seven Pillars of Business Ethics: Toward a Comprehensive Framework. [REVIEW] Journal of Business Ethics 79 (4):483 - 499.
Jeffrey Nesteruk (1991). The Ethical Significance of Corporate Law. Journal of Business Ethics 10 (9):723 - 727.
Thomas W. Dunfee (2007). The World is Flat in the Twenty-First Century. Business Ethics Quarterly 17 (3):427-431.
Richard McCarty (1988). Business, Ethics and Law. Journal of Business Ethics 7 (11):881 - 889.
Herwig C. H. Hofmann, Enforcement of Eu Law and National Criminal Law - Legal Problems in Composite Procedures.
Jeffrey Nesteruk (1999). Reimagining the Law. Business Ethics Quarterly 9 (4):603-617.
Michael L. Michael (2006). Business Ethics: The Law of Rules. Business Ethics Quarterly 16 (4):475-504.
G. Stoney Alder & Joseph Gilbert (2006). Achieving Ethics and Fairness in Hiring: Going Beyond the Law. [REVIEW] Journal of Business Ethics 68 (4):449 - 464.
William S. Laufer (2007). Law, Ethics, and Divergent Rhetoric. Business Ethics Quarterly 17 (3):441-447.
Robert A. Prentice (2007). Flatland, Ethicsland, and Legalland. Business Ethics Quarterly 17 (3):433-440.
Added to index2009-01-28
Total downloads22 ( #178,776 of 1,911,657 )
Recent downloads (6 months)4 ( #180,081 of 1,911,657 )
How can I increase my downloads?