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Copyright © 2012 Pearson Education, Inc. All rights reserved. Business Ethics Concepts & Cases Manuel G. Velasquez

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Copyright © 2012 Pearson Education, Inc. All rights reserved.

Business Ethics Concepts & Cases

Manuel G. Velasquez

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Chapter Two

Ethical Principles in Business

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Utilitarianism• Actions and policies should be evaluated on the basis of the benefits and

costs they will impose on society.

• The only morally right action in any situation is that whose utility is greatest by comparison to the utility of all the other alternatives .

• Leading utilitarian theorists:– Jeremy Bentham (traditional utilitarianism) an action is right from an ethical point of view if and only if the sum total

of utilities produced by that act is greater than the sum total of utilities produced by any other act the agent could have performed in its place.

– John Stuart MillMill defines utilitarianism as a theory based on the principle that "actions

are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness." Mill defines happiness as pleasure and the absence of pain.

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How to Apply Utilitarian Principles

• First, determine what alternative actions or policies are available to me in that situation.

• Second, for each alternative action, estimate the direct and indirect benefits and costs that the action will probably produce for all persons affected.

• Third, for each action, subtract the costs from the benefits to determine the net utility of each action.

• Fourth, the action that produces the greatest sum total of utility must be chosen as the ethically appropriate course of action.

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Criticisms of Utilitarianism

• Critics say not all values can be measured.– Utilitarians respond that monetary or other

commonsense measures can measure everything.

• Critics say utilitarianism fails with rights and justice.– Utilitarians respond that rule-utilitarianism can

deal with rights and justice.

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The Concept of a Right• Right = an individual’s entitlement to something.

– Legal right = An entitlement that derives from a legal system that permits or empowers a person to act in a specified way or that requires others to act in certain ways toward that person. legal rights derive from the laws of the society.

– Moral (or human) rights = rights that all human beings everywhere possess to an equal extent simply by virtue of being human beings.

• Legal rights confer entitlements only where the particular legal system is in force.

• Moral rights confer entitlements to all persons regardless of their legal system.

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Moral Rights

• Can be violated even when “no one is hurt”.• Are correlated with duties others have toward the

person with the right.• Provide individuals with autonomy and equality

in the free pursuit of their interests.• Provide a basis for justifying one’s actions and for

invoking the protection or aid of others.• Focus on securing the interests of the individual

unlike utilitarian standards which focus on securing the aggregate utility of everyone in society.

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Three Kinds of Moral Rights

• Negative rights require others leave us alone.

(Sleep ,study or silent )

• Positive rights require others help us.

(sinking , extinguish fire)

• Contractual or special rights require others keep their agreements.

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Contractual Rights and Duties social rights social obligation

• Created by specific agreements and conferred only on the parties involved.

• Require publicly accepted rules on what constitutes agreements and what obligations agreements impose.

• Underlie the special rights and duties imposed by accepting a position or role in an institution or organization.

• Require (1) the parties know what they are agreeing to, (2) no misrepresentation, (Representative deliver good image)(3) no duress or coercion , force ,(4) no agreement to an immoral act. (Contract to steal bank)Any contract violate these requirements consider void

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Kant and Moral Rights • Immanuel kant : argues in his theory (the categorical

imperative) which based of the moral principle , that there are certain moral rights and duties that all human

possess regardless of any utilitarian benefit for other.• Individuals generally must be left equally free to pursue their

interests.• Moral rights identify the specific interests individuals should

be entitled to freely pursue. • An interest is important enough to raise to be a right if:– we would not be willing to have everyone deprived of the

freedom to pursue that interest– the freedom to pursue that interest is needed to live as free

and rational beings.

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Kant’s Categorical Imperative (First Version)

• We must act only on reasons we would be willing to have anyone in a similar situation act on.

• The first version of this theory made formulation that Requires two criteria for determining moral right and wrong :

universalizability and reversibility.

• Similar to questions:

“What if everyone did that?”

“How would you like it if someone did that to you?”

Unlike the utilitarianism theory ,which focused on the consequences, kantian theory focuses on interior motivation.

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Kant’s Categorical Imperative (Second Version)

• Never use people only as a means to your ends, but always treat them as they freely and rationally consent to be treated and help them pursue their freely and rationally chosen ends.(don’t use people to get what you want)

• Based on the idea that humans have a dignity that makes them different from mere objects.

• It is, according to Kant, equivalent to the first formulation.

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Criticisms of Kant• Both versions of the categorical imperative are unclear.

Or it is not precise enough to always be useful. ( didn’t tell us what the moral rights the human have)

• Rights can conflict and Kant’s theory cannot resolve such conflicts. (Didn’t tell us what is the limits of each right or how they be balanced). I want to listen to music and my neighbor wants to sleep which one has the moral rights)

• Kant’s theory implies moral judgments that are mistaken. Against the universalizablitiy and reversibility

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Libertarian Philosophy• Freedom from human constraint is necessarily good and

that all constraints imposed by others are necessarily evil except when needed to prevent the imposition of greater human constraints.

• Robert Nozick’s Libertarian Philosophy:– the only moral right is the negative right to freedom – the right to freedom requires free use of private

property, freedom of contract, free markets, and the elimination of taxes to pay for social welfare programs.

A free market contrasts with a controlled market or regulated market, in which government policy intervenes in the setting of prices.

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Types of Justice• Distributive Justice– requires the just distribution of benefits and burdens.

(cotton mills and coal mine)

• Retributive Justice– requires the just imposition of punishments and

penalties.

• Compensatory Justice– requires just compensation for wrongs or injuries.

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Principles of Distributive Justice• Fundamental

– distribute benefits and burdens equally to equals and unequally to unequal's ( 2 employees have the same certificate and other to have deferent certificates)

• Egalitarian

– distribute equally to everyone (workers in the same work and workers doing deferent work)

• Capitalist

– distribute according to contribution how we measure the contribution? People are same in their efforts?

• Socialist

– distribute according to need and ability (distribute the burden depend on the ability and distribute the benefit depends on the need )

• Libertarian

– distribute by free choices What about freedom from ignorance and freedom from hunger .

• Rawls

1-distribute by equal liberty, 2-equal opportunity, and 3-needs of disadvantaged.

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Retributive and Compensatory Justice

• Retributive Justice = fairness when blaming or punishing persons for doing wrong.

• Compensatory Justice = fairness when restoring to a person what the person lost when he or she was wronged by someone else.

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Ethic of Care

• Ethics need not be impartial.

• Emphasizes preserving and nurturing(care) concrete valuable relationships.

• We should care for those dependent on and related to us.

• Because the self requires caring relationships with others, those relationships are valuable and should be nurtured.

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Objections to Care Approach in Ethics

• An ethic of care can degenerate into favoritism.– Response: conflicting moral demands are an

inherent characteristic of moral choices

• An ethic of care can lead to “burnout (tired)”.– Response: adequate understanding of ethic of care

will acknowledge the need of the caregiver to care for him or herself.

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Theories of Moral Virtue

• Aristotle– virtues are habits that enable a person to live according to reason

by habitually choosing the mean between extremes in actions and emotions

• Aquinas– virtues are habits that enable a person to live reasonably in this

world and be united with God in the next• MacIntyre

– virtues are dispositions(behavior) that enable a person to achieve the good at which human “practices” aim

• Pincoffs– virtues are dispositions we use when choosing between persons

or potential future selves

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Objections to Virtue Theories

• It is inconsistent with psychology which showed that behavior is determined by the external situation, not moral character.– Response: moral character determines behavior in

a person’s familiar environment.

– Response: recent psychology shows behavior is determined by one’s moral identity which includes one’s virtues and vices.

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Unconscious vs. ConsciousMoral Decisions

• Unconscious Moral Decisions– Comprise most of our moral decisions.– Made by the brain’s “X-system” using stored prototypes to

automatically and unconsciously identify what it perceives and what it should do.

• Conscious Moral Decisions– Is used in new, strange, or unusual situations for which the

brain has no matching prototypes.– Consists of the conscious, logical but slow processes of the

brain’s “C-system”.– Evaluates reasonableness of our intuitions, cultural beliefs,

and the norms stored in our prototypes.