Professional Documents
Culture Documents
BN Ghosh
BN Ghosh
and
Corporate Governance
About the Author
B.N. Ghosh, PhD (India), PhD (Australia), M CIM (UK), GFCR (Harvard),
is a Visiting Professor at Leeds College of Management and Technology,
Leeds, UK. He was formerly the Director of Institute of Management
and Technology, Government of Kerala, Punnapra, Kerala. He received
his education from India, Australia, the UK and the USA and has taught
at numerous universities in India and abroad, including the University of
Science, Malaysia, and Eastern Mediterranean University, Cyprus. He also
had a stint as a Visiting Professor at Zhejiang Gongshang University, China.
Dr. Ghosh has authored a large number of books published by reputed
publishers, including Routledge, Palgrave-Macmillan (London and New
York), Nova Science (New York), Wisdom House, Longman and Ashgate (London). He has
contributed a large number of research papers in professional journals of India, the USA, the UK,
Cyprus, Malaysia, Singapore, Italy, Bangladesh, Sweden, Korea, the Netherlands and Philippines.
He has also provided short-term consultancy to various organizations, including UGC, Government
of Malaysia and UNDP. He was bestowed with the Emerald Award (UK) for academic excellence
in 2006. He is the Chief Editor of Journal of Human Development.
Business Ethics
and
Corporate Governance
B.N. Ghosh
Visiting Professor
Leeds College of Management and Technology,
Leeds (UK)
and
Former Director and Visiting Professor
Institute of Management and Technology, Government of Kerala,
Alleppey, Kerala
ISBN-13: 978-0-07-133332-0
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Preface
Once Winston Churchill and Lady Astor were informally discussing the issue of morality in a pub.
Churchill posed the question: If a very rich man promises one million pounds to a lady, would
she temporarily marry him? Lady Astor pondered a bit and answered, “Yes, if the money was
guaranteed.”
Then Churchill asked her if she would temporarily marry him for 5 pounds. Nancy Astor’s sharp
reply was, “Of course not. What do you think I am a whore?” Churchill quipped, “We have already
established that; we are now simply negotiating the price.”
The fundamental lesson that we get from the above anecdote is that morality which is the quintes-
sence of Ethics is indeed a volatile concept and gets more convoluted in a world dominated by
material considerations of life. Thus, for some people, morality is context-bound and not something
absolute. However, strictly speaking, this notion of morality is incorrect. The basic purpose of
human life is happiness and not necessarily the acquisition of material wealth. Aristotle said that
all things worthwhile should be done in the best way. However, an economist, like Buchanan, will
advise us that we need not do all things, and even if we have to do all, we do not have to do in the
best way, but in the most efficient way. But in order to do in the most efficient and effective way,
what we forget is the ethical input.
The business world is often dominated by the idea of profit maximization which becomes the
be-all and end-all of life, and in the process, it may, more often than not, take resort to many types
of immoral and unethical practices. It is in this context that the subject of Business Ethics becomes
very crucial for the would-be managers and business people.
It is gratifying to note that ethics of late has become a popular subject of study in both under-
graduate and postgraduate levels in various universities and institutions in India and abroad. This
is indeed a welcome trend. Since the subject is comparatively new, the supply of study materials
is rather less. There are indeed many reasons behind writing this book. First, although there are
books available in the market, some of these books are not comprehensive enough. Second, it is
indeed difficult for ordinary students to access the available research materials from journals and
researched books. Third, some of the published books are not well-balanced. The theory section
may be well-written and comprehensive but suitable illustrations may be missing or inadequate.
Last, the book covers many theories which are studied still today, and contextualizes the Indian
models of ethics and philosophy. The book is divided into three parts. The first part discusses the
theories of ethics, the second part analyses the application of ethical principles in the domain of
business and the third part gives an insight into principles and practices of corporate governance in
India as well as world at large. The concepts discussed in these three parts are well reflected in the
25 book end cases.
In the present book, I have presented a balanced analysis by providing theories, illustrations and
examples. Each chapter provides Key Terms, Test Your Knowledge (Objective Type Questions),
vi Preface
Review Questions, Web Links and References. The book is written in a student-friendly manner. The
meat of the matter is presented in a simple language devoid of jargons. Important ideas and points
are put in bold and every chapter is made very precise and examination-oriented without compro-
mising the essential ideas or points. I verily believe that the book will be immensely useful to the
students of ethics of all Indian universities.
The book is primarily designed as a textbook for MBA students of Indian universities. However,
it can also be used as a standard textbook for the subject in any university irrespective of its
geographic location. The book will also prove useful for PGDBM, BBA, BCA and MBBS courses
on the subject of business/professional ethics.
We learn as we teach. While writing this book, I have incurred huge intellectual indebtedness
to many people who helped me in writing this book. I am thankful to Fr. Boni Sebastian for going
through a part of the manuscript and giving his valuable suggestions.
This is basically a textbook with differences. At many places, I have incorporated original
thinking, introspective exposition, analytical simplicity and my own points of view. However, a
textbook is a textbook. It is said that those who can, do, those who cannot, teach, and those who
cannot teach, write textbooks! The logic of the statement may seem to be appealing to many but
not compelling to all.
B.N. Ghosh
Acknowledgements
In the preparation of this book, I have incurred intellectual indebtedness to many. Although I have
mentioned the names of books and journals at the end of each chapter, I am grateful to the following
authors and publishers, whose works I have consulted and used their ideas frequently in this book:
Durant, Will (1961), The Story of Philosophy, Pocket Books, New York; Sinha, J.N. (2006), A
Manual of Ethics, New Central Book Agency, Kolkata; Weiss, Joseph W. (2009), Business Ethics:
Concepts and Cases, Cengage Learning, New Delhi; Ferrell, O.C. and Ferrell, Linda (2001),
Business Ethics: A Case Perspective, Cengage Learning, New Delhi; Day, Lewis Alvin (2006),
Media Communication Ethics, Wadsworth, New Delhi; Velasquez, Manuel (2006), Business Ethics:
Concepts and Cases, Prentice-Hall of India, New Delhi.
For others, I have consulted various websites, especially Wikipedia. For preparing the case studies,
relevant materials from various newspapers, magazines and journals have been used with proper
acknowledgement of the sources. Some of these are The Hindu, News Daily, The Indian Express,
The Times of India, and The Economic Times. I have adapted news items that were published in
these dailies before incorporating them in this volume. These cases are selected because of their
ethical significance for the academic use of the students of business ethics.
Among the magazines from which I have drawn materials having ethical implications, some, like
Reader’s Digest, India Today, This Week and Frontline, deserve special mention.
I am sincerely thankful to Ms. Shruthi Francis, Lecturer, Union Christian College, Kerala, for
writing a couple of case studies in spite of her busy schedule. I am also thankful to Ms. Sumana
Shome, Head of Marketing, George College, Department of Management Studies, Kolkata, for
writing a portion of the chapter on Corporate Governance in India and assisting me in preparing
the end-questions of each chapter; and to Kaan Kutaly, my PhD student from the Eastern
Mediterranean University, North Cyprus, for searching out weblinks used in this volume.
My publisher, Tata McGraw-Hill Education, New Delhi, deserves my appreciation and thanks
for bringing out the book within a short span of time.
Also, I along with the publishers, would like to thank the following reviewers for their invaluable
suggestions and feedback during the development phase of this book: S. Shyam Prasad, IILM
Academy of Higher Learning, Jaipur; Piyali Ghosh, Motilal Nehru National Institute of Technology,
Allahabad; Govinda Sharma N.R., SDM Institute for Management Development, Mysore; and
Prerna Jain, Jaipuria Institute of Management, Jaipur; and Anjali Mehra, School of Social Sciences,
Guru Nanak Dev University, Amritsar.
Brief Contents
Preface v
Acknowledgements vii
Preface v
Acknowledgements vii
Summary 116
Key Terms 117
Test Your Knowledge 117
Review Questions 119
Web Links 119
References 120
7. Environmental Ethics 121
Introduction 121
Poverty, Resources and Environment 122
Is Economic Growth Conducive to the Environment? 124
Global Environment: Some Basic Issues 126
Causes of Envirionmental Pollution: Some Ethical Issues 128
Impact of Environmental Pollution on Human Health 129
Some Facts About Environmental Pollution in India 137
Social Cost of Pollution 138
Sustainable Development 141
Optimum Pollution 143
Resolving Environment and Growth Conflict 144
Summary 144
Key Terms 145
Test Your Knowledge 145
Review Questions 147
Web Links 147
References 147
8. Indian Ethos and Gandhian Ethics 149
Introduction 149
Dharma Sutras (Shastra) 150
Ethics of Jainism 153
Ethics of Buddhism 154
The Charvaka Ethics of Gross Hedonism 157
Advaita Vedanta (Shankara) 158
Visishtadvaita Philosophy (Ramanuja) 159
Ethics of Vaishnavism 160
Patanjali Sutra: Eightfold Path of Yoga 161
Ethics of the Bhagavad Gita 162
Moral Standards in Indian Ethics 165
Gandhian Ethics 166
Summary 179
Key Terms 180
Test Your Knowledge 181
Review Questions 182
Web Links 183
References 183
xiv Contents
Theories of Ethics
CHAPTER 1
Definition and
Ontology of Ethics
LEARNING OBJECTIVES
INTRODUCTION
The logical starting point in understanding the concept of ethics is to demarcate science from
philosophy–simply because ethics is a part and parcel of the latter. Philosophy is defined as the
hypothetical interpretation of unknowns. Thus, science is an analytical description, but philosophy
is a synthetic interpretation. Science gives us knowledge, philosophy gives us wisdom. However,
it is imperative that we do not forget that every science begins with philosophy and ends with arts.
Thus, arts give us beauty, science gives us utility and philosophy teaches us the futility of many of
our mundane day-to-day happenings.
4 Business Ethics and Corporate Governance
Further, philosophy includes the wisdom of the five fields—namely, logic, aesthetics, politics
and metaphysics. Logic is the study of the ideal method of argument, thought and analysis. The
areas in logic include observation, induction, deduction, inference, syllogism, and the rules of
reasoning. Inductive logic is based on empirical observations from which certain inferences are
drawn. Deductive logic makes use of the inferences from the inductive logic and deduces gener-
alization from universal facts to a particular case. A syllogism consists of a trio of propositions in
which the third (conclusion) follows from the relational truth of two other propositions. For instance,
from the two given propositions—all men are mortal, and John is a man—we can logically deduce
the conclusion that John is mortal.
Aesthetics is the study of the ideal form and conduct. It is sometimes regarded as the philosophy
of art and beauty. Politics is the study of the ideal form of government and social institution and
organization. Metaphysics is the study of ultimate reality, and the interrelation between mind and
matter. The nature of being (ontology) and the process of perception and knowledge (epistemology)
are the subject-matter of metaphysics. Metaphysics is a complex analysis of matter, motion, space
and time elements.
WHAT IS ETHICS?
Before we get down to a formal definition of ethics, the readers should attempt reading the following
passage:
The teacher’s wife reprimanded her husband saying, “When a student argues that multinational
corporations are good for a country, you said, ‘you are right’, and when another student explained
that they are bad for a country, you again said, ‘you are right’. Surely they cannot both be right?”
To this question, the teacher answered, “My dear, you are quite right”! One of the characteristics
that distinguish man from animals is the ability to judge right from wrong, and to separate good
from bad. While human beings have that innate ability, animals do not possess that finer knowledge
or judgment. Hence, ethics encompasses moral judgment that helps you differentiate good from
bad, and right from wrong. Moreover, ethics is not concerned with good or bad in the material
sense based on worldly standard. In the materialistic sense, right or wrong can be explained with
reference to context, and in the ethical sense, there is something known as ethical relativism which
implies that ethical behaviour is to be judged with reference to time, place and circumstances. Thus,
whether MNCs are good or bad, as is the issue in the above discussion, is difficult to determine in
isolation.”
The meaning of ethical relativism and ethical absolutism will be elaborated further in subse-
quent discussion. Let us first define ethics.
Definition of Ethics
The term ethics is derived from the Greek word, Ethikos meaning conduct, custom or habit. These
meanings are quite similar to the meaning of a Latin word, “mores”. Therefore, ethics is regarded
as the science of morality or simply, ethics is moral philosophy which deals with moral conduct,
Definition and Ontology of Ethics 5
judgment, habit, character, rules or principles. Habit needs to be distinguished from character.
Habit is the outward expression of character, which is the inner disposition or bent of mind.
Human conduct which is the foundation of ethics, deals with right or wrong conduct with
reference to the supreme ideals of human life. These ideals are deeply rooted in religion and handed
down from generation to generation. These ideals comprise truth, honesty, non-injury to others,
compassion, kindness, and peace, to name a few.
Listed below are a few definitions of ethics based on what has been discussed above:
Ethics is “the study of what is right or good human conduct”.
Ethics is “the science of ideal involved in human life”.
Ethics is “the science of moral judgment”.
Ethics is “the science of morals in human conduct”.
Ethics is “the study of the general nature of morals and of specific moral choices”.
Branches of Ethics
Broadly speaking, there are five divisions of ethics. Applied ethics tells us how a moral outcome can
be achieved. It is concerned with the practical application of the doctrines of morality. Normative
ethics studies the determination of the correct moral standard or norm. Descriptive ethics deals with
the moral values that people in a society try to abide by. Meta-ethics analyses the truth-value of
ethics related propositions and practices.
Modern ethics concentrates on the deontological and consequential aspects of moral devel-
opment and human behaviour.
Morality Ethics
1. Prescribes right conduct for every one Right code of behaviour for a group or profession
2. Absolute and not changeable Subject to change and relative in nature
3. Individual disposition Applied in the social system, groups or
professions
4. Nomological in origin Arises out of specific recommendation of conduct
in a particular profession
5. Handed over from generation to generation; It is developed and goes on evolving
primordial in origin
6. It is prescriptive It is recommended to be followed in a profession
2. Various types of institutions, such as, religion, social institutions and educational institu-
tions.
3. Nomological axioms
4. Knowledge, wisdom and experience
5. Family and friends
Kohlberg reasons that when there is a cognitive disequilibrium (CD), a person feels the need to
pass on to another stage of moral development. The CD occurs when one does not understand the
behaviour of another group in relation to his own group.
In the last stage of moral development, a person consolidates all his critical views on morality—
through his own judgment and evaluation, he accepts some principles as the universal ethical
principles because these are consistent, logical and comprehensive. These principles are abstract
in nature and deal with rights and duty, social welfare, justice and ideal moral behaviour. They are
universal in the sense that they can be applied anywhere and at any time.
Kohlberg observes that people generally progress through the stages in the sequence mentioned
earlier (from stage one to stage six). He points out that the later stages are superior to the earlier
stages because they are based on maturity, reflective thinking and situational experience, wider
perspective and impartial reasoning. However, some people stunt their own growth because of their
inadequacy to reach the last stage and remain stuck to a particular stage throughout their lives.
Moral judgment to them depends on the characteristics of that particular stage.
The truth is that the male pattern also sometimes depends on care and compassion while devel-
oping the concept or standard of morality. In the same way, the female pattern, may also take into
consideration, factors like impartiality and impersonal motivation. Thus, a more comprehensive
theory of moral development will include both Kohlberg’s male pattern development and Gilligan’s
female pattern of development of morality.
Undoubtedly, the studies by Kohlberg and Gilligan are important and point out the significance of
evolution of our thought process in the development of morality and ethics. Even if one does not
agree with these studies, there is no denying that moral development follows a route.
whole logical process of drawing conclusions from the two given propositions is called syllogism
in logic. Let us give an example:
A country is unjust if there is gender discrimination.
Saudi Arabia is a country where there is gender discrimination. Therefore, Saudi Arabia is an
unjust country.
In this example, the first proposition can be regarded as ethically correct. Any form of discrimi-
nation is morally unjust in the sense that it violates human rights and goes against the natural
principle of equality. The second proposition is to be based on strict empirical truth. If the second
proposition is factually incorrect, we will not have correct ethical reasoning.
In a logical syllogism, the form of the argument remains critical. Given the form, one can use
any related ethical proposition to arrive at the conclusion. In this process of ethical reasoning, the
universal first proposition must be based on some accepted moral/immoral standard. The basic
factual truth in relation to the first proposition for a particular case must be based on accepted
moral standard, and then it will be possible to draw the valid conclusion. It should be noted that the
conclusion drawn in the ethical syllogism is formally valid. It is also empirically valid because the
second proposition is based on empirical truth as in the above example.
For the validity of moral reasoning, the terms used must have the same connotation. For instance,
the expression “gender discrimination” must have the same meaning in both the first and the second
proposition. It is in this context one can speak about consistency. The conceptual consistency of
the expression “gender discrimination” is the primary prerequisite for the validity of the whole
reasoning process.
5. If injustice prevails in a particular country, it should not be the yardstick for others. For
instance, the argument that the Indian caste system is good because it is steeped in tradition
and hence should be emulated elsewhere, is objectionable.
6. ER does not lay emphasis on the universal moral standard. In fact, some moral standards are
unchanged, and live on.
Ethical Absolutism (EA)
EA relies on the fact that some ethical standards are universal, permanent and absolute and are
applicable to all countries and places. They do not change over time. For instance, the maxims like
“Don’t steal”, “Don’t lie” or “Respect your parents” have universal appeal and applicability. This
is ethical absolutism.
3. Ethics is a science in the sense that it gives you systematic knowledge about moral conduct,
behaviour and moral standard. It is a type of social science.
4. Ethics sets the ideal moral standard for social and human welfare.
5. The moral standard is set with reference to religious tradition and custom. These standards
are based on nomological axioms which have been prevalent in human society from time
immemorial.
Having understood the ontology and scope of ethics, it is now imperative to appreciate the funda-
mental objectives of ethics.
may be dealing with a police case. So, utility and consequence based ethics, will not advise one to
take care of the victim. The only relevant ethics in this case is care and compassion. The care-based
ethics overrules all other principles and it is the essence of all religious teachings.
It should be noted that the notion of justice remains the basic guiding principle in all the cases.
The above four ethical principles have the following implications:
Although, the four principles of ethics are distinctly different, they have important implications
for practitioners.
1. These principles suggest that in the same situation, different decisions can be arrived at, and
depending on the merit, a particular principle can be applied.
2. Depending on the inclination of the user, any one of the principles can be translated into
practice. It is the context that remains important. It is not necessary that one has to follow the
same principle over and over again.
3. There are four ways of looking at the world through the lens of ethics. Each of the principles
is unique in its own way. It cannot be said that one principle is better than the other—they are
all equally appealing. However, to many, the caring principle is special.
Ethical Pluralism
The four basic principles of ethics that we have discussed above, namely, psychological egoism or
self-interest, utilitarianism (or consequentialism), deonticism and care-based principles, focuses
on different types of attitudes and information. If a person at all times and under all circumstances
applies only one principle, he fails to understand the possible relevance of the other three, and
important information may be relegated to the background. Secondly, by rejecting the other three
principles, one might have given up the opportunity of applying the most apt principle in a particular
context.
Ethical pluralism makes an attempt to integrate all the ethical theories or principles while consid-
ering a particular situation. In that case, conflicts can be resolved with the application of the correct
ethical principle.
Both Adam Smith and Aristotle have used ethical pluralism in their studies. A study of Smith’s
important publications namely The Theory of Moral Sentiments, The Wealth of Nations and his
lectures on jurisprudence show that he has laid importance to utility, value, self-interest, and
relationships with family and friends and justice (Werhane, 1991). Aristotle has also observed
that the fundamental function of ethics is to help human beings lead a good life, and that can be
achieved by integrating the basic ethical principles. According to him, we should downplay the
underlying conflicts between principles. The four principles of ethics, namely, justice, self-interest,
group welfare and care and compassion constitute the elements of a meaningful life. Thus, ethical
pluralism remains the best normative approach in practice.
Under cognitivism, one can include various types of ethical theories. Some of these theories are:
● Utilitarianism
● Religion-based morality
Summary
The chapter has encompassed and discussed at length the meaning, nature, purpose, and scope of
ethics. In a nutshell, ethics is considered to be the science of morality as it deals with moral conduct.
The different branches of ethics are normative, applied, descriptive and meta-ethics. It should,
however, be noted that ethics is different from morality. Generally, morality is individual specific
but ethics is the right code of behaviour for a group or profession. But in ordinary parlance, both
morality and ethics are used synonymously. It is necessary to distinguish between moral standard.
Moral standard is derived for the purpose of moral development or behaviour but non-moral
standard is meant for the correct social behaviour or norms, like dress code, rules of games, and so
on. There are many authorities who set the moral standard.
The moral development takes time to become a habit among human beings. In this context,
Kohlberg has discussed six fundamental stages of moral development. While Gilligan approves
of the six stages of development of Kohlberg, she points out that Kohlberg has ignored the female
pattern of moral development. There are some similarities and some fundamental differences
between Kohlberg’s and Gilligan’s approaches to the whole analysis of moral development.
While discussing ethics, it needs to be borne in mind that ethical norms and practices are only
relative. However, it cannot be denied that ethical principles are absolute in character in that sense
that they are valid in all situations and circumstances. Ethics is a normative science that helps build
your character. Ethics is based on four basic pillars or principles: rule-based, end-based, ego-based
and care-based principles. Ethical pluralism shows that it is better to follow all the important notions
of ethics in explaining situations rather than follow only one of the principles. Cognitivism observes
that it is possible to objectively identify right and wrong. However, some ethical philosophers think
that it is impossible to do so. This type of ethical philosophy is called ethical non-cognitivism.
Key Terms
Ethics Nomological Axioms Ethical Pluralism
Ethical Relativism Ethical Syllogism Cognitivism
Ethical Absolutism Principles of Ethics Non-cognitivism
Morality Cognitive Disequilibrium
Definition and Ontology of Ethics 15
Review Questions
1. Define ethics.
2. Distinguish between ethics and morality.
3. Enumerate the major characteristics of moral standards.
4. Explain the basic nature of the science of ethics.
5. Write a note on ethical relativism and ethical positivism.
Web Links
1. http://ethics.askdefine.com/ [Definition of Ethics]
2. http://www.yourdictionary.com/library/reference/define-ethics.html [Definition of Ethics]
3. http://www.cimaglobal.com/Documents/ImportedDocuments/fm_oct06_upstanding
[Definition of Ethics]
4. http://www.accountancyage.com/aa/feature/1779764/the-moral-maze [The moral maze]
5. http://kpaprzycka.swps.edu.pl/xPhilosophyIntroduction/08Relativism.pdf
[Ethical Relativism]
6. http://www.buzzle.com/articles/difference-between-ethics-and-morality.html
[Difference between Ethics and Morality]
References
Alex, C.M. (1995), A Pragmatic Approach to Business Ethics, Sage Publications, Thousand Oaks,
California
Durant, Will (1964), The Story of Philosophy, The Washington Square Press, New York,
pp. xxv-xxix
Gilligan, Carol (1982), In a Different Voice: Psychological Theory and Women’s Development,
Harvard University Press, Cambridge, MA
Kidder, Rushworth, and Sheila Bloom (2008), “The Ethical Fitness in Today’s Business Environment”,
in Chris Moon and Clive Bonny (Eds.), Business Ethics, The Economist, London, pp.70–73
Kohlberg, Lawrence, “Moral Stages and Moralization: The Cognitive Development Approach” in
Lickona, Thomas (Ed.), Moral Development and Behaviour, Holt, Reinhart and Winston,
pp. 31–53
Singer, Peter (1993), Practical Ethics, Cambridge University Press, New York
Velasquez, Manuel (2009), Business Ethics: Concepts and Cases, Prentice-Hall of India, Ch.1
Werhane, Patricia H. (1991), Adam Smith and His Legacy for Modern Capitalism, Oxford University
Press, New York
CHAPTER 2
Belief, Values,
Attitude and Virtue
LEARNING OBJECTIVES
INTRODUCTION
In Lewis Carroll’s Through the Looking-Glass, the White Queen says, “Why sometimes I believed
as many as six impossible things before breakfast?”. This quotation can be used as an example of
mockery against belief. The question posed here is: Can there be beliefs contrary to facts? Although
possible, such a belief is generally called fantasy or delusional belief. Belief, values and attitude
are all interlinked. Whatever you believe in determines your values. Values are assumptions about
things or persons which or who ought to behave in a certain way that you believe in. If you believe
in spirituality, you assume that spirituality is valuable and that people should be spiritual in nature.
Once a person develops a certain value system, it merges with his attitude towards people and
situations. It becomes an established way of responding or interacting with people. Attitudes do
18 Business Ethics and Corporate Governance
not change or end easily. In the present chapter, we will explain the apparent relationship between
beliefs, values and attitude. We then go on to explain the salient features of virtue ethics. Although
some virtues are acquired, it is not uncommon that some are naturally endowed with or have
proclivity towards being virtuous. For instance, two sons of the same parents being brought up in
the same family environment may have different degrees of virtues or vices. This can be attributed
either to the social milieu or to their inherent nature. Virtue also may depend on beliefs, values and
attitudes to life and religiosity.
BELIEFS
Beliefs stem from knowledge or information. It has an epistemic basis. Epistemology is the philo-
sophical study of beliefs and knowledge. However, only true knowledge is the foundation for and
is helpful for your understanding of the belief system. Beliefs are ideas or principles that are dear
to people. Ethical behaviour of a person in many cases depends on beliefs and attitudes. Some of
the basic assumptions of life and society are based on beliefs. Science believes that there is an
order in nature. However, what we claim to know is mainly belief or judgment. But every type of
belief cannot be equated with knowledge, because some of our beliefs may turn out to be false on
verification. Knowledge or epistemological foundation of our understanding is not fool-proof, and
our knowledge is only a matter of acquisition of degrees. True beliefs can exist without even direct
perception of facts. Some beliefs are be supported by evidence and some are not. The evidence
may be based on our perception and experience. The beliefs which are supported by evidence are
called justified beliefs. Only justified belief is knowledge. Justified beliefs consist of two types of
judgments: direct or intuitive judgment, and derived judgments. Direct judgments are based on our
sense perceptions. Derived judgments are formed out of the existing body of knowledge.
In psychology, belief is the elementary form of mental representation and is also one of the
fundamental bases of conscious thoughts. Belief depends on the moral state of the believer. In
other words, a belief represents a mental state. Beliefs are sometimes defined as a mental attitude
of acceptance or recognition of facts without verification. There are basically two types of beliefs:
core beliefs and dispositional belief. Core beliefs are more or less permanent and difficult to
change whereas dispositional beliefs are dependent and changeable.
Lynne Rudder Baker (1989) of Princeton University has analysed four main contemporary
approaches to belief:
1. Our common-sense understanding of belief is correct.
2. Our common-sense understanding of belief may not be entirely correct, but is useful for
making some relevant predictions.
3. Our common-sense understanding of beliefs is entirely wrong and is overridden by a theory
which does not make use of beliefs.
4. Our common-sense understanding of belief may be wrong but it is not useless. It may be used
in human beings and animals cases to make some predictive strategy.
Belief, Values, Attitude and Virtue 19
Formation of Beliefs
There are the following six ways of belief formation:
● Beliefs come out of confidence in the spoken words of people we respect. This type of belief
— they may be real or not. This type of belief is called existential belief.
● Beliefs can be adopted from our role models.
● Sudden changes in life may also result in new beliefs, or cancellation of old beliefs.
VALUES
Every person believes in certain critical values. Jesus Christ valued love, Mahatma Gandhi valued
truth, Plato valued wisdom, and Moses valued justice. Value is anything which has utility or worth.
It may be a physical or intrinsic value (in psychological or philosophical sense). A value is a general
belief which helps differentiate good from bad. Values guide actions in your personal or social
life. It is a particular standard that a community gives importance to. In most communities, moral
values are assigned to fairness, justice, honesty and integrity to name a few. Mostly our actions are
guided by our values. Moral value is something that is esteemed, or highly revered (Angeles, 1981,
p.310). When we can assign values to particular objects, it becomes easier to make a choice. Values
are related to culture, society or a system. When a particular thing conforms to our basic value or
conviction, we prefer it, compared to another alternative which may appeal more to another person
with another point of view. As a social phenomenon, values are inculcated and sustained through
an adaptive process. Values are desires that have content and intensity. The content aspect of value
indicates the nature of achievement or the ultimate benefits as realized by the user. The intensity
attribute of value indicates the degree of its importance in a particular context. Individual values are
commitments to which a particular person subscribes, like social justice, honesty, and so on.
Significance of Value
A set of values is critical since it gives a person direction and motivation to live in a desired way.
Value is also socially useful and has many positive external influences for others. For instance,
if a person is non-violent, he is helping others by not hurting them. Similarly, a person of good
character is not only an ideal man but he is also a source of good work and inspiration for others. A
knowledgeable man helps himself and others by disseminating his knowledge and new ideas.
A value system that a person is endowed with through experience and inherent predisposition,
may help him in the following ways (Alex, 2010, p.35):
The value system helps a person in making clear decisions.
● The value system helps build the perception of an individual.
● A clear value premise helps a person arrive at flawless logical deductions and moral
reasoning.
20 Business Ethics and Corporate Governance
● Hard work
● Sincerity
● Sacrifice
● Kindness
● Simplicity
(The list is indeed very conservative here; one can add many more individual values.)
Types of Values
Three classificatory schemes are generally used by researchers in the categorization of value.
1. Terminal Values and Instrumental Values
Terminal values are those that a person wants to address at the end. As against the end, there
may be many means to achieve the terminal value or the desideratum. These values are called
instrumental values. In terms of spirituality, to be just or righteous is instrumental in the
realization of God which is the terminal value. An instrumental value is necessary to achieve
the ultimate goal.
2. Personal Values
The following are basic categories of personal values:
■ Egocentric value: The value is directed towards satisfying the ego.
physical resources.
■ Supernatural value: It a type of a metaphysical value beyond norms of the physical
■ Utilitarian value: In this type the aim is to realize the net benefits over cost.
■ Economic values
■ Social values
■ Aesthetic values
Belief, Values, Attitude and Virtue 21
■Political values
■ Logical values
4. Individual values can further be classified into the following two categories:
■ Practical or pragmatic value
■ Core values
■ Cultural values
■ Social values
■ Universal love
■ God-fearing attitude
■ Character-building
■ Honesty
Characteristics of Value
● A value or values are chosen freely without any coercion or compulsion.
● A value is chosen from a number of options.
● The choice of value is made after taking into account different consequences of this choice.
● The value that is chosen is practiced and then sustained and applied at different stages of your
life.
● Value makes a man. It shows up in every situation of his life.
● Value becomes a part of yourself and being. It persists and stays on, unless some drastic value
changing situation and experience arises.
● Values are partly genetically determined, and partly acquired through experience and interac-
tions.
● Reference groups
Family
The most important source of value formation is the family. Parents are the first people to instill
the ideas of right and wrong and good and bad in the minds of young children. The conscience of
the parents and their ideas on morality gradually are drilled into the minds of youngsters. If parents
tell lies, the children pick up that habit and it will be very difficult to erase it in the coming years.
Children experience moral development and distinguish between right and wrong through reward
and punishment by parents too. Children in the course of time, internalize these moral lessons.
At a young age children accept certain values without questioning them. They have blind faith in
their parents. Thus, it is evident that moral reasoning does not develop at a young age. However, as
children grow up they become capable of developing their own sense of moral reasoning.
Peer Groups
The second important source of value formation peer groups, friends and colleagues with whom
you interact in day-to-day life. In the adult days, a person is influenced by the value system of
his classmates, religious institutions, clubs and playmates. During this phase of life, the adult is
confronted with several challenging issues involved in his acquired value system. He may, after
moral reasoning once again, either retain his values or reject them in favour of new values. He may
experience a wave of creative destruction. A good peer group may be helpful in inculcating good
moral values and vice versa.
Role Models
In our lives you meet some people whom you admire, respect, adore and emulate. These people
may be one of your teachers, a sportsman, a film star or a political leader. They exert a profound
influence on the minds of an adolescent especially. A film hero’s moral behaviour in a film which
has become famous or notorious influences the minds of millions of fans all over the country. Like
peer groups, the role models can also modify the values of people from good to bad, or from bad
to good.
Institutions
Institutions exert a strong and significant influence on the minds of people regarding moral devel-
opment of values. The institutions may be educational, religious or social. Social institutions through
the process of socialization may mould values and attitudes. Similarly, a religious institution like
a church influences value premise and value system. They bring about positive change and there
influences have far reaching effects. Thus, a regular church-goer inculcates a value system that is
morally progressive with qualities like compassion, care, love, kindness and sacrifice.
● Innovation in production technique, cost reduction, procuring and finding new sources of
raw materials, finding new markets and in reorganizing the business. Innovation sustains
creativity.
● Establishing credibility can be ensured by trust, goodwill, rapport with customers and
suppliers, and consistent good performance.
● Providing consumers with best services, in particular after-sales services.
● Gathering market intelligence to know the status of the product and thereby improve the
marketing mix, if required.
● Maintaining external and internal coordination of all product lines, marketing and factor
use efficiency.
● Creation and development of corporate values towards employees, customers and suppliers,
and social responsibility towards society.
Conflict of Values
Every professional has to live with two sets of values: personal and professional. These two values
could be conflicting at times. However, whenever a clash occurs between these two values, profes-
sional and morally responsible people give preference to the professional value over the personal
value or interest (Bivens, 2004, p.11). Thus, a judge may sentence his only son for murder or a
teacher may punish his daughter for not learning the lesson—there are several such cases in society.
Hence, in many cases, barring penal code cases, a compromise, trade off or a balanced approach
may be possible. For instance, you are the forest officer and on your inspection tour you find a
woodcutter felling a tree from the forest illegally. On enquiry, you learn that he is poor, jobless and
his family is starving. If you are compassionate, you will tell him not to indulge in this illegal act
again and impose a penalty on him. You pay him money which helps him pay his penalty and feed
his family too. However, this kind of compromise although not impractical is rare.
In another instance, your Principal wants you to revise the grade of a student in the subject of
which you are the teacher. Your official loyalty to the Principal will direct you to do so. However,
your personal ethical principle prevents you from doing the needful. In such a case, there may be
a third alternative. You may think twice on the matter and reconsider the case in terms of fairness.
Will it be unfair on your part to increase the grade of one student and not the entire class (Day, 2006,
p.33)? On the other hand, you may find instances to justify your action based on attendance of the
student, his level of intelligence, his class participation and his compelling family background. In
the case of media reporting too, there may be some potential conflict areas between the public’s
right to know everything about the reported case and the individual’s right to privacy and confiden-
tiality. For instance, it is not necessary to reveal the full name and address of a rape victim while
reporting such a case. A compromise is possible in many cases by following a middle-path and
collecting more and more compelling evidence in favour of your decision.
24 Business Ethics and Corporate Governance
ATTITUDES
Your attitude towards life is based on a value system that you have inculcated. Values and attitude go
hand in hand. Attitudes relate to a personal feeling, belief and predisposed ideas. Attitudes involve
a hypothetical construct representing your likes and dislikes. Values guide your attitude. Attitude
is a learnt predisposition of behaviour towards a person, group, object and environment. Attitudes
regarding an object or situation may be positive, negative, neutral, or undetermined (unknown
zone).
Tables 2.1 and 2.2 list out differences and similarities between attitude and values.
Attitudes Values
Attitudes represent predisposition Values relate to judgments
Attitudes are mostly personal Values are gathered from social and cultural parameters
Attitudes may amalgamate several beliefs Values originates from a single belief
Components of Attitudes
The Greek philosophers were the first to recognize the components and importance of attitude.
Attitudes are tendencies to feel or behave in a particular way with respect to certain people, objects
or events. Basically there are three major components of attitudes, better known as ABC.
● Affective Component (A) of attitude is the emotional aspect of your belief about a situation
or object which could be positive or negative. Whenever you see the hero or heroine in a
movie, you may be moved by their charm, dialogue delivery and charisma; all these evoke
a positive response towards that personality. However, in some cases, the hero may show
negative qualities, and therefore, you develop a corresponding attitude towards him. Your
attitude is thus based on your emotion towards that person at a point in time. But the difficulty
here is that the same person may reveal different types of behaviour at different times. Thus,
in many cases, the attitude formation of a permanent nature becomes rather difficult. In the
majority of cases, the basic nature of the person or situation being considered decides your
attitude.
Belief, Values, Attitude and Virtue 25
helps form an attitude. The cognitive component is rational and the effective component is
emotional in the formation of attitude. In the formation of correct attitude, it is necessary to
take into consideration of both these components; otherwise the attitude may be incorrect.
This is so because sometimes the first component dominates the second and vice versa.
As a matter of fact, attitude about morality is a combination of many factors including feeling
(emotion), actual happenings (reality or rationality), thoughts and actions (Harrison, 1976, p.193).
VIRTUE ETHICS
Virtue ethics is a special branch of ethics founded by Plato and his disciple, Aristotle. The tradi-
tional theories of ethics are based on actions. For instance, the theory of utilitarianism observes
that an action which maximizes net utility of the society is the right kind of action. Utilitarianism
puts more emphasis on the greatest good of the greatest number of people. This idea is the same as
the theory of consequentialism which says that a right action is the one which leads to good conse-
quences. The theory of deontology believes that a right action is to be judged in terms of duty. Thus
a person doing his duty well is performing the right action. The same notion applies to theories of
justice, caring and compassion.
However, the problem is that even if a person is doing the right action, his character may be
morally unethical. It is not the action that matters, but more importantly the character of the person
performing the action. Hence, what is needed is a combination of both right action as well as
correct character. Virtue ethics emphasizes the importance of right character among human beings.
This is, however, not to say that all the alternative ethical theories mentioned above are devoid of
the quality of virtue. But virtue theory exclusively puts an emphasis on character based on virtues.
A man of virtue is always respected and praised because virtue is a special type of achievement
which needs hard work and determination.
What is Virtue?
Moral virtue is an acquired mental disposition which forms a part of the character of a morally
upright person which is further reflected in the behaviour pattern of that person (Velasquez, 2006,
p.110). There can be a long list of virtues. However, the major virtues are honesty, sincerity, truth,
courage, temperance, integrity, compassion and kindness. Virtue is the habit of deliberate choice of
right activities and performance of duties in the correct way (Sinha, 2006, p. 286). Virtue is excel-
lence of character. According to Aristotle, virtue is a permanent state of mind to perform the best
things in life. The concept of best is to be decided on the basis of reason. Virtue is not a congenital
26 Business Ethics and Corporate Governance
disposition of mind but an acquired disposition which is in harmony with moral laws. Virtue
implies both knowledge and habit (Mackenzie, 1956). Virtue constitutes only socially desirable
human disposition and not all types of disposition.
Alasdair MacIntyre, an American philosopher, defines virtue as any human disposition that
is praised because it enables a person achieve good human practices (MacIntyre, 1981, p. 204).
The use of the expression, “human practices” has been criticized by many philosophers as being
inaccurate. For instance, Pincoffs is of the opinion that moral virtues give us a feeling and a mental
capability to judge persons so that it is possible to distinguish between a good and a bad person
(Pincoffs, 1986).
A man of virtue is always happy. Aristotle observes that a man who does not feel pleasure or
happiness in noble actions is not a good man. Virtue by itself is not happiness but happiness is the
index of virtue. Happiness is discovered in performing some good actions based on reason. This
view is also supported by modern eudemonism.
To Socrates, virtue is knowledge. However, this view is not fully correct in the sense that
knowledge by itself does not give us virtue even though it may be a condition or the necessary basis
for acquiring virtue. Virtue needs the knowledge of good and evil, and the internalization of only
the good traits.
Wisdom and virtue involve living in accordance with the ethos of the people and time. Ethos
implies the rules of morality based on ideals, institutions and collective moral habits and standards
of people. Ethos is the morality of people expressed in definite rules and precepts, such as the Ten
Commandments in the Bible.
To Aristotle, it is the habit of choosing the relative mean as determined by reason. The mean is
the moderation of two extreme values which are vices. Thus, the virtue of courage is the golden
mean between rashness and cowardice. The point of mean will not, however, be the same for every
person. The essence of virtue lies in moderation, and when it is in excess or deficient, it becomes a
vice. The moderation will imply that the person is controlling his instincts and impulses to the point
which is consistent with the moral law of reason. But how does one know which is moderate (or
the best mean) for him. Aristotle says that it is decided by prudence. However, all types of virtues
under all circumstances cannot be based on moderation. For instance, when you are surrounded by
enemies, you have to show the utmost courage to fight with the enemies and in that case moderation
of courage will be a vice. Aristotle’s theory of golden mean can be interpreted as a general rule
but it has its limitations.
For St. Thomas Aquinas, a medieval theologian and economic thinker, virtue is that type of
habit which enables a person to live peacefully and reasonably well in this world and also that
ideal Christian habit which will ensure the union with God. These ideal habits are faith, hope and
charity.
Virtue is the product of the rational self which can be realized by controlling instinct, desire,
greed and illusions. This can be done with constant endeavour and habit. To possess this type of
a noble habit is virtue. All worldly virtues are streamlined from this one single system of virtue
(Unicity of virtue). This view is entertained by all philosophers including Plato and T H Green.
Belief, Values, Attitude and Virtue 27
Since temperance is essential to control your senses and instincts, it is an equally redeeming
virtue. Temperance is a type of self-discipline. Culture is another important virtue that leads to
self development of personality. Courage is the power to conquer fear. Courage can be of different
forms. Moral courage is the courage of conviction. Justice and benevolence are also critical
social virtues. A few important moral virtues that make one’s character noble are truth, beauty,
goodwill, friendship, non-violence, love, loyalty, respect, renunciation, humility, righteousness,
kindness, care, compassion and reverence to God, among other virtues.
Virtue is a relative concept. Virtue is relative to society, the nature of the state and social
position and responsibility. While some virtues like patriotism and nationalism are virtues in all
types of states, for some states, like a communist state, religious activities are not looked upon as
virtues. For a totalitarian state, loyalty to ruler is a higher virtue than devotion to God.
People are given different social power, position and functions, and accordingly their virtues
will differ. Thus, the virtue of a teacher is different from the virtue of a priest. In the Varnashram
Dharma (caste-based classification of duties) of Hindu philosophy, the four different classes of
people are to perform different functions, and therefore their virtues will be different. For instance, a
Brahmin will engage in teaching, worship, and reading of religious scriptures, a kshatriya (warrior)
will engage in protecting the motherland through battle and war, a vaishya (trader/farmer) will
engage in trade and farming, and a shudra (a low caste) will serve all other higher castes.
The nature of virtue also differs from country to country and from time to time. In Greek
society, pride is regarded as a great elite virtue, but it is not so in India. In some countries, courage
is the most important virtue but not in others. In the olden days, simplicity was regarded as a prime
virtue, but now it is regarded as foolishness to many. To be clever is an ideal virtue in the modern
world. Thus, virtue has a contextual connotation, and therefore, it is a relative term.
Virtue has been classified in different ways by different philosophers (vide Sinha, 2006, 292-97).
Some of the major classifications are shown in Table 2.3.
(Contd.)
Aristotle 1. Intellectual virtue (rationality and knowledge)
2. Moral virtue (temperance, courage and habits for the
realization of God)
3. Aristotle accepted Plato’s cardinal virtues but interpreted it in
a narrower sense.
It needs to be noted in this context that some virtues are natural and some are artificial (Dienhart,
2000, p.111). Thus, kindness, compassion and generosity are natural virtues. They do not need any
type of rule for their application. But artificial virtues like justice or politeness are based on rules
made by society.
Summary
The chapter studies the nexus among beliefs, values, attitudes and virtues.
If these elements are favorable in a person, it is easier for him to be moral or ethical. The value
system becomes a part of the person through the sub-conscious mind and the whole attitude formation
becomes permanent. Attitudes die hard and they take time to change once they are entrenched into
the human psyche. Spirituality and virtue strengthen the process of the ethicalization process.
In the journey to ethical life, belief plays a major role. True knowledge is helpful for your under-
standing and belief. Beliefs can exist even without perception and experience. Our understanding
may or may not contribute to our beliefs. Beliefs can be formed in many ways including existential,
commendatory, or self experience. Value is anything that is dear to us or have some utility. Moral
value is a highly prized good. There are many types of values namely terminal, instrumental, social,
political, or economic. There are many sources of value including family, friends, peer groups, insti-
tutions and environment. A business organization depends on certain cherished values. However, at
the personal and professional level, there are many possibilities of value conflicts.
Our attitudes are generally based on our value system. But there are indeed many similarities and
differences between values and attitudes. Attitudes have many components including behavioral,
affective and cognitive components.
Attitude is a combination of rationality, emotion, thoughts and actions.
All theories of ethics are action-based. However, it needs to be understood that it is not so much
the action but the character of the person performing the action that remains important. Virtue
emphasizes the right kind of action and character. Virtue ethics is a special genre of ethics. Virtue
is an acquired mental disposition which is praiseworthy because it enables a person to achieve the
good that human beings endeavour. To Aristotle, it is the golden mean, i.e., the moderation of two
extreme values. Virtue exists in that type of habit which enables a person to live peacefully and
reasonably in this world and thereafter. It can be acquired by controlling instinct, desire, greed and
illusions. Virtue is a relative concept but in all societies, certain human qualities like benevolence,
temperance, courage and self-discipline are considered as great virtues. Virtues and values are
inter-related categories and one may influence the other in many ways.
Key Terms
Beliefs Role Models Values and Business
Values Family Aristotle’s theory of Golden
Attitudes Epistemology Mean
Virtue Ethos Varnashram Dharma
ABC Components of Ten Commandments Plato’s Cardinal Virtues
Attitudes Conflicts of Values
Review Questions
1. What is attitude? What are the sources of attitudes? Why does your attitude change?
2. What is value? What are major sources of your values? Why does your value change?
3. Explain the basic similarities and differences between values and attitudes.
32 Business Ethics and Corporate Governance
Web Links
1. http://home.comcast.net/~icek.aizen/book/ch2.pdf [Theories of Attitudes]
2. http://en.wikipedia.org/wiki/Virtue_ethics [Definition of Virtue ethics]
3. http://www.qld.ipaa.org.au/content/docs/iQ_Resources/iQ_Research/POGP/Values_and_
Ethics_FULL_version.pdf [Values and Ethics]
4. http://www.teacherdrivenchange.org/teacherdrivenchange/files/miguel_e_basez_phd.pdf
[Measuring Values, Beliefs and Attitudes]
5. http://www.uk.sagepub.com/upm-data/17521_Chapter_5.pdf
[Values, Attitudes, and Behaviours]
References
Alex, K. (2010), Soft Skill, S. Chand and Co., New Delhi
Angeles, Peter A. (1981), Dictionary of Philosophy, Barnes & Noble, New York
Baker, Lynne, Rudder (1989), Saving Belief, Princeton University Press, USA
Bivens, Thomas, H. (2004), Mixed Media: Moral Distinctions in Advertising, Public Relations and
Journalism, Lawrence Erlbaum, N. J., USA
Day, Louis Alvin (2006), Media Communication Ethics, Wadsworth (Cengage Learning), New
Delhi
Dienhart, John W. (2000), Business, Institutions and Ethics, Oxford University Press, New York
Harrison, Albert, A. (1976), Individuals and Groups: Understanding Social Behaviour, Pacific
Grove, California
MacIntyre, Alasadair (1981), After Virtue, University of Notre Dame Press, USA
Mackenzie, J. (1956), A Manual of Ethics, University Tutorial Press, London
Pincoffs, E. I. (1986), Quandaries and Virtues, University Press of Kansas, USA
Sinha, J. N. (2006), A Manual of Ethics, New Central Book Agency, Kolkata
Velasquez, Manuel (2006), Business Ethics: Concepts and Cases, Prentice-Hall of India, New
Delhi
CHAPTER 3
Theories of Ethics
LEARNING OBJECTIVES
INTRODUCTION
It was rightly said by Voltaire that if God did not exist, it would be necessary to invent ‘Him’. The
importance of God lies in creating in us a certain amount of obedience to godly virtues that help us
live the right kind of life, behave ourselves in a godly way and to mould our character through some
nomological axioms or principles by following divine examples. If God is not important, godliness
continues to remain a decisive human virtue. There are many theories of ethics that seek to discover
right and wrong moral behaviour. The basic purpose of ethics and morality is to help us lead a life
of beauty and happiness with all the divine qualities like righteousness, justice, non-violence, truth,
kindness, care and compassion, renunciation and love. In the following discussion, we will briefly
concentrate on some of the major influential ethical theories.
34 Business Ethics and Corporate Governance
TEN COMMANDMENTS
The Bible has given the following Ten Commandments to make followers morally good. The
Christian concept of a good man incorporates obedience, devotion and love to God and people. The
commandments are listed below.
1. Worship your God with all your heart, soul and mind.
2. Worship no idol, image or anybody except your God.
3. Observe Sabbath (the seventh day of the week) and keep it holy. None in your family including
your domestic help is to work on that day. It is a day of rest. It is the day of special worship to
God.
4. Do not use God’s name for any evil purpose.
5. Respect your parents.
6. Do not commit murder.
7. Do not commit adultery.
8. Do not steal.
9. Do not accuse anyone falsely.
10. Do not desire another man’s house, his wife, his slaves, his cattle, his donkeys, or anything
else that he owns.
It is to be noted that in Christianity, idolatry which was prevalent in many countries in the past
and even now is a sin. The tenth commandment needs a special mention. In modern times, the
expression,” do not desire…anything else” should mean anything valuable including money, gold,
diamond, silver, or any other assets or wealth that belong to others.
The whole purpose of these commandments is to make people socially and personally moral by
sacrificing rapacity, selfishness and irresponsibility.
The Greek philosophical idea on the golden mean is entertained by Buddhism. Buddhism advises
its followers to adhere to the middle path by abandoning the sufferings of a very strict ritualistic life
on the one hand and the pleasure and easy-going life of a worldly man on the other.
Aristotle says that the road to achieve excellence is the middle way (golden mean) which can
save you many detours and delays. The qualities of character, according to Aristotle, can be struc-
tured in triads, for each of which the first and last will be extremes and vices, and the middle quality
is the virtue for excellence. Thus, between humility and pride, we have modesty; between quarrel-
someness and flattery, we have friendship, and between Hamlet’s indecisiveness and Quixote’s
impulsiveness, we have self-control (Cf. Aristotle’s Ethics). However, it should be noted that the
golden mean is not as exact as the mathematical mean (average). It is a flexible concept and is
discovered by a mature person through the application of reason when confronted by different
situations in life, training, experience and habituation.
However, as we had discussed in Chapter 2, it is not possible to follow the golden mean for
actions like murder, theft, adultery, and so on (Beauchamp, 1982, p. 162). In the Nichomachean
Ethics, Aristotle puts forward the idea that character building is essential for a happy and meaningful
life. However, character is based on virtues. Virtues and moral values are inter-related in many ways
and with constant practice a person can acquire the disposition of a person of good character. In
this context, habit-forming is of prime importance. The golden mean is not only the right quantity
but it occurs at the right time towards the right people, for the right reason and the right manner
(Christians, et al., 2005, p.13). Aristotle explains that in order to be happy, some external aids are
necessary; and only the golden path will not suffice. One of the important external helps comes
from friendship.
Further, some philosophers observe that the mean is not always the middle path. In several
cases, the involved moral dilemma can be solved by leaning more towards one extreme than the
other. This is evident in cases of decisions regarding pay rise of employees or allocation of office
responsibilities.
Book II
This book concentrates on the analysis of virtue which was discussed in detail in chapter two.
Book III
It elaborates on some aspects of human virtue including courage, temperance and generosity. The
analysis is continued in Book IV.
Book IV
It goes on illustrating some moral virtues like gentleness, truthfulness, wit and charm.
Book V
It makes an analysis of justice and fairness, and gives examples of the essentials elements of just
action and behaviour.
Book VI
This book dwells on intellectual virtue by illustrating his points of view.
Book VII
It discusses pleasures and evils, and the situations when pleasure leads you to evil. In this context,
the book gives clarity to ideas of continence and incontinence.
Books VIII & IX
It elaborates on friendship which, according to Aristotle, is perhaps the best virtue. In this connection,
he explains the advantages of friendship and, the qualities and requirements of a good friend.
Book X
The book is devoted to a detailed discussion of pleasure and politics. Aristotle believes that a good
life is possible through properly practiced politics.
UTILITARIANISM
Utilitarianism is a teleological theory regarding what we ought to do. It is a normative ethical
principle of judging the right or wrong of a human action. According to this theory, social welfare
is the sum of the well-being of all individuals. What should human beings do? The answer can be
teleological or deontological. Deontological theory says that one’s duty is of ultimate importance.
Teleological theory points out than in the ultimate analysis, we should do only those things which
can bring the highest level of happiness to the greatest number of people. It considers the utility of
Theories of Ethics 37
rules or laws, and is therefore, more concerned with policy formulation. Utilitarianism states that
man’s worldly happiness is the only good. This is a normative-positive test of all policies, actions
and institutions.
The motto: “greatest good of the greatest number”, was first voiced by Francis Hutcheson.
Utilitarianism developed between the late eighteenth century and the last quarter of the nineteenth
century. The main proponent of this philosophy is Jeremy Bentham who is revered as the father of
utilitarianism. The other prominent members are David Hume, John Stuart Mill, Henry Sidgwick
and Francis Hutcheson. Bentham introduced the doctrine of utilitarianism in the analysis of
social action and policy. In the Greek period, utilitarianism was regarded as a form of hedonism
(Epicureanism).
The classical concept of human nature is Benthamite in essence, which states that although
human beings are selfish by nature, the selfishness, teleologically brings some social benefits.
This is also the essence of Smith’s theory of naturalism and optimism. As a matter of fact, policy
prescriptions of the classical writers exude utilitarianism. In this connection, one can think of corn
laws, factory regulations, poor laws and tariffs.
The neoclassical-marginalist school extensively used the concept of Utilitarianism since its
inception in 1870s. Neoclassical writers, like Vilfredo Pareto, Leon Walras, William Stanely
Jevons, Francis Ysidro Edgeworth, Alfred Marshall and P. H. Wicksteed were all utilitarians. The
neoclassical school was really based on the concept of utility maximization (economic man).
The neoclassical economists used the concept of diminishing marginal utility and interpersonal
comparison utility to demonstrate that overall utility will increase if there is a transfer of income
and wealth from the affluent section of the people to the poor. The richer section will lose some
utility in this case but the gain of utility received by the poor people will be more overwhelming.
This is one of the reasons why a system of equal distribution of income was preferred.
Welfare Economics, especially that propagated by Pigou and Pareto, begins with the concept of
welfare that is tantamount to utility. Pareto lays down the condition that an optimal situation is one
where the general utility (welfare) cannot increase without jeopardizing the utility of anybody else
(Pareto Optimality). The notion of neoclassical economists (Hicks, Bergson and others) is based
on the idea that welfare gains or losses are really utilitarian in essence. In our times, J.C Harsanyi,
among others, advocates the maximization of average utility (preference). He prefers a social utility
function without envy and jealousy. He advocates a policy that safeguards against our being worse
off. He recommends social cooperation and emphasizes the need for moral principle in human
action. Utilitarianism as an approach to moral action is popular in contemporary American society
(Day, 2006, p.70).
The concept of utilitarianism has many loose ends and it means many things to many people. The
following are the basic meanings of utilitarianism:
● Greatest good of the greatest number
● Maximization of pleasure
● Minimization of pains
● Maximization of happiness
● Satisfaction of desire
Although there are various meanings and versions of utilitarianism, there is one common
philosophy underlying all these notions. They are basically concerned with the consequences of
38 Business Ethics and Corporate Governance
an action or judgment. The philosophy is anti-Kantian, in the sense that unlike the Kantian idea, it
does not emphasize the intention of the moral action but on its end-result, the consequences.
It is a philosophy which is the same as that of consequentialism. In the case of utilitarianism, the
end justifies the means.
The theory of utilitarianism is sometimes interpreted in terms of cost and benefit analysis
(CBA). An action is acceptable if the net benefit (benefit minus cost) is the greatest in a project
as compared to other available projects or policies. The concept of utility involved in the theory
of utilitarianism has been interpreted by many as net benefit. There are basically two variants of
utilitarianism—Act Utilitarianism and Rule utilitarianism. (Brandt, 1959, pp. 253–54, & Smart
and William,1973, p. 4).
Act utilitarianism is concerned with those actions which will bring great benefits to great number
of people. However, in case of act utilitarianism, the problem arises because some acts are by
themselves not socially acceptable like stealing. Hence, act utilitarianism has to be supplemented
with rule utilitarianism which gives direction to the former. An action in all cases may not bring
about the greatest good of the greatest number. Obedience to rules (say traffic rules) will prevent
chaos and will maximize happiness of passers by reducing accidents. However, the fact that
“stealing is not acceptable” is not always correct to rule based utilitarianism, because sometimes,
stealing can save innocent lives too (Weiss, 2009, p.75). Suppose accidentally John has been caught
by a terrorist outfit and is asked to join the gang. He has agreed to do this by force and by nature,
he is a moralist and does not want to kill anybody. The gang is making a plan in the night to plant a
very heavy and powerful bomb in the congested railway station of New Delhi. If this is successful,
the bomb will kill human lives. In the middle of the night, John steals the bomb and runs away
from the place just to save human lives. He may be caught later and might be killed. But he is not
concerned with that. This act of stealing, as many will agree, is not a sin. It is a correct action as per
the philosophy of utilitarianism.
Utilitarianism based on the principle of CBA is an important part of decision–making in modern
organizations and institutions. However, the concept of utilitarianism has a number of conceptual
problems. Firstly, one needs to define utility in a unique manner. We have already seen that it has
been given different meanings by different proponents. Utility is subjective and mental, and this
raises an epistemological question: how do we gauge a person’s happiness or feeling of pleasure or
goodness? (Hoffman and Graham, 2010, p.180). Secondly, another tricky issue is the measurement
of utility. Many people believe that being a subjective concept, utility is not measurable. However,
there are two important ways to measure utility. Alfred Marshall, the leader of the neoclassical
school of economics, said that the utility that one is expecting from a commodity can be indirectly
measured by the amount of money he is prepared to pay for it. However, in the case of social policy
or action, the application of market valuation approach to measurement of utility becomes difficult.
Hence, when utility is measured in this way, we get cardinal measurement. As opposed to this, we
can get another type of measurement (ordinal measurement) where utility or satisfaction is ranked
(from highest to lowest, or vice versa). In the ordinal sense, utility leads to preference satisfaction.
However, in the case of preference or ordinal ranking, we can only rank different utility functions
to know which is better (or higher) but we cannot say by how much.
Theories of Ethics 39
Limitations of Utilitarianism
● The theory is incoherent simply because you cannot maximize two numbers at the same time
(greatest happiness and greatest number).
● Utility is essentially a subjective concept. There is no acceptable definition of “good”.
● The concept (happiness) means different things to different people. There are also multiple
cized by many. It is said by critics that for a moral action, both the end and the means must be
good. To many, the means justify the ends, and not the other way round.
● Utilitarianism does not consider individuals or minorities. It does not care for individual
nature morally wrong, but their consequences are good. Utilitarianism will support those
actions. But then this will not prima facie entitle the theory to be a moral theory.
However, in spite of its many conceptual limitations, the movement of utilitarianism has been
instrumental in saving the conditions of common people. The philosophy of utilitarianism stood
for the aspirations of the middle class. It has been the basis of many reformative movements in the
fields of legislation, politics and socio-economic institutional changes around the world.
THEORY OF CONSEQUENTIALISM
A consequentialist philosophy is based on consequences of actions. Some human actions which are
good for society at large are regarded as good actions. It is the outcome of the action on the society
which is important. A consequentialist theory is end-based (teleology). If the consequences and
end are good, then it can be recommended for implementation; otherwise not. Consequentialism
embodies in itself two important schools of moral philosophy. These two schools are utilitarian and
teleological schools. We have discussed earlier the basic ideas of utilitarian thought. Hence, there
is a need for a separate discussion on the teleological theory.
TELEOLOGICAL THEORY
Greek philosophers, in particular Aristotle, popularized the teleological theory. The word teleology
is derived from telos which means the end or consequences. Thus, the theory of consequentialism
is directly associated with the teleological theory. There are indeed many variations of the theory
of teleology. At the one extreme of the teleological theme, there may be egoism and at the other
extreme, there is utilitarianism as suggested by Bentham and J.S. Mill. Utilitarianism provides a
criterion for the concrete decision-making process to choose an action or policy. An action is taken
only if it maximizes the net utility or benefits from the given circumstances, and also, the project
is accepted if it is the best among all the available projects in terms of net benefits. Thus, there,
apparently is a moral basis of choosing the project. However, the net gains or benefits may also be
yielded by a project which is otherwise not supportable on moral grounds. The cost-benefit calculus
40 Business Ethics and Corporate Governance
that is used for the calculation of projects in the context of utilitarianism does not say much about
morality.
Egoism which is a form of teleology accepts any decision which produces individual gain or
benefit. These benefits include pleasure, power, name and fame. An egoist will choose a situation
which will increase his personal gain or satisfy his ego. The basis of egoism is self-interest. Many
people are of the opinion that an egoistic person or organization is governed by self-interest. They
will go to any extent to maximize their gains and objective functions. They are short-sighted and
unethical in principle. However, there is another variety of egoism known as enlightened egoism
which is socially better than pure egoism. Enlightened egoism takes into account a long-run
perspective and also allows for the welfare of people and society, but in every case, the self-interest
remains the primary consideration.
Another aspect of teleological theories, especially utilitarianism is the focus on minimizing harm
to affected individuals. This makes the theory popular in the public eye. Rule-utilitarians follow
certain rules to maximize their gains or net utility. They support the rule of laws in a country as
they believe that by following rules, the society can maximize the total gains. However, if there are
alternative rules in a particular situation, the utilitarians will choose that rule which would promote
greater utility. There may be a problem with the rule-utilitarians. They will not bribe anybody
because this is the law of the land. However, if bribe giving can lead to larger benefits than the
cost, then they will perhaps bribe officials to gain some favours. Suppose Smith is a utilitarian like
Robin Hood. He always helps people in distress. Smith owns a big business house where several
poor people work. Smith has applied for a contract to supply goods to a multinational company, but
he is not sure about getting it. In that case, Smith will not hesitate in bribing the MNC boss to get
the contract. He is the follower of correct conduct but in this case, he makes an exception otherwise
he will have to retrench his poor workers. Thus, bribing helps him maximize the utility (benefits) of
his employees. So, for a rule utilitarian, rules give him a guideline and at times, he violates them.
To an act utilitarian, bribery is acceptable if it leads to maximum gains or net utility. If corruption
can save many lives, both act and rule utilitarians will perhaps support it.
Teleological theories do give a definite perspective to make moral choices by comparing compet-
itive alternatives, and the relative impact on people. On this count, the consequentialist theory fares
better than the theory of deonticism. Teleological theories are, however, criticized on the ground
that they rely too much on unknown and uncertain results, and neglect the rights and needs of
minorities. These right and needs may be in conflict with those of the majority.
According to deontologists, the nature of moral principles is permanent and stable. The perfor-
mance of these principles into action determines the degree of ethical behaviour of an action. What
is right or wrong is an individual perspective based on virtue and values which are acquired from
nomological axioms, tradition and culture. However, it must be pointed out that whilst teleological
philosophers give more emphasis on the ends associated with an action, deontological philoso-
phers emphasize the means.
The philosophy of deonticism has found its best expression in the hands of Immanuel Kant
(1724–1804), a celebrated German philosopher. Kant advised us to do that act which can be
universalized and ‘do that unto others which you want them to do to you’. The principle is stated in
the Bible: “do not judge others; otherwise, you will be judged.” Your good act must be an example
of universal behaviour.
Kant is the leading founder of the principle of universalism. This is also known as deonto-
logical ethics. It is a kind of non-consequentialist ethics. The basic idea of this ethical principle
is that the ends can never justify the means of an action. Universal ethical principles are based on
justice, rights, fairness, honesty and respect (Kant, 1964). Kant makes it clear at the beginning
that:
1. Morality is impartial. It applies equally to everybody.
2. Morality is concerned with our intentions and not necessarily with the consequences of our
actions.
There are two types of deontologists: Act deontologists and rule deontologists. Act deontolo-
gists believe that the ethicalness of a person can be known by his overt actions which should be
based on justice, fairness, benevolence, equity and kindness Kant (1972, p. 229). Act deontologists
observe that deontological rules provide only guidelines. In other words, act deontologists insist
that people should have some knowledge about certain rules which are right and act accordingly
without any reference to deontological rules.
Rule deontologists believe that there are certain rules of morality that people should follow while
making decisions. These rules are framed on the basis of moral and logical principles to guide
human actions. The ethicalness of a person’s behaviour is to be decided on the basis of these rules.
Kant’s categorical imperatives and the Ten Commandments of the Bible provide some of these
rules. These rules guide ethical behaviour and actions which eventually override other contextual
local practices.
Categorical imperative has the following two building blocks:
● A person should choose to act in a way which is acceptable to him if another person acts in
Criticism
● Sometimes other elements in a deal become compelling before the narrow sense of duty.
Smith is performing an important official duty on which the lives of many innocent people
depend (e.g., negotiation with the terrorist group). Suddenly there is a call from his house
conveying his mother’s deteriorating health. What will Smith do? Both require his attention
and involve his duties. The theory of deonticism is silent in such cases.
● It is often difficult to follow your duties blindly when confronted by a situation that demands
immediate attention. Smith is in front of a city traffic light when suddenly the green signal is
put on and all vehicles start moving. His duty as a pedestrian is not to cross the road. However,
he finds that a small boy is running through the road. Smith runs across the road without caring
for his life just to save the life of that small boy. Is it a deontological act? Many deontologists
will say that Smith should not cross the road when the green signal is on.
● There are examples that show that Kant’s theory of morality goes wrong. For instance, an
employer in Iran pays lower wages to a woman employee for the same job compared to the
man, and it is accepted by the woman. According to Kant’s theory, the employer is acting
morally in this case. But critics may point out that this is basically unethical because gender
discrimination for the same work (both quality and quantity) is morally wrong.
● It is not a good behaviour to follow blindly one’s own duties as directed by your boss. The
duties may be wrong or immoral. The boss asks Smith to mix water with milk. Should Smith
perform such a duty? There may be a conflict in many cases between duty and morality, or
between right and wrong duties. Deontological principle does not clarify these conflicting
cases.
One can consider in this context, the gain or loss in terms of some basic political or social goods
like liberty and freedom. The basic economic goods that may be considered are the basic necessities
of life without which life will be impossible. If consequentialism leads to the availability of more
of these basic or primary goods, then nobody will have any objection to utilitarianism or conse-
quentialism, and they can be said to be the same in essence. The basic point that we are driving
home is that you should develop non-utilitarian consequentialism. The same idea was proposed
by Mackie (1990) but it was not fully developed by him.
The consequentialist structure can be modified by introducing some moralistic rules, principles,
duties and rights or virtues. If we do so, it will merge with the theory of deonticism. The impact
of the theory of deonticism can be reduced by taking away those duties that are contrary to moral
principles. In deonticism, duty is the main consideration. However, not all duties are morally correct;
some duties given to you by your superior officer may be morally wrong. So, one is justified in
rejecting those duties. We should include in deonticism only those duties that are based on those
rights that will increase social welfare. In such a way, one can think of a reconciliation between
consequentialism and deonticism. Consequentialism will lead to the production or availability of
more of primary goods or services and deonticism will lead to more social welfare. Such a recon-
ciliation can retain the basic philosophy of both the principles and make them complementary to
each other.
respect all human beings and to do what is morally good. To Rawls, your intrinsic value lies in our
ability to do justice based on free and fair distribution. John Locke observes that human beings have
natural right to life, liberty and property; and by virtue of a social contract, the state is assigned
rights to protect them. The purpose of the state is to ensure that people respect and do not violate
each other’s rights.
Hohfeld (1923) considers all rights as relationships. There are four types of rights:
● Claims (A claim entitles a person to demand something from another person).
● Immunity (This enables a person to resist the powers of others over a person having immunity).
It disables others.
Duties
Rights and duties are correlative terms. Duties are moral obligations. The main duties that a person
should perform are as follows:
● Respect for truth
● Duties to others (duties to family and friends, relatives, neighbors, society, humanity, animals
● An action is moral only if you can justify the rule that everyone can follow.
● People are not merely means to an end. They should be treated as human beings with
infinite value.
Theories of Ethics 45
There are two precise rules for determining a morally right duty in the Kantian Categorical
Imperatives.
Reversibility: It implies that you should perform your duty involving others in such a way that you
will like others to perform their duties towards you in exactly the same way.
Universality: A person’s justifications for acting in a particular way should be the so exemplary
that they will induce others to act in the same way. This is why your action must be universal in
nature.
If justice is followed in the case of the first type of holding, the possessor has the right to
entitlement. Similarly, if principles of justice are followed in the case of the second type of holding,
the possessor is entitled to that holding. Nozick warns us by saying that none is entitled to justly
hold any property except through cases One and Two as stated above. ET upholds the view that
there should be justice in the distribution of property (holdings). The purpose of the Third rule
(stated above) is to protect the weaker sections who have been victimized in property matters.
It is quite possible that the wealthy, influential or powerful people might have cheated the poor
possessor in a deal. It is, therefore, necessary to enforce the correct principle of rectification so that
the loser gets proper compensation.
46 Business Ethics and Corporate Governance
Two important influences have been the bases of Nozick’s ET. It is firstly based on John Locke’s
ideas on private property. The second is the philosophy of Immanuel Kant who has suggested that
people are ends in themselves and all of them, in a sense, are equal. The basic idea of Nozick’s theory
of entitlement is to create a strong system of property rights and the operation of a free market
economy. He is of the opinion that a voluntary transfer of property is a just transfer. Transfer under
duress, temptation or false promise is unjust.
In this context, Nozick observes that taxing rich people in the name of social programmes for
the poor and also the redistribution of income from the rich to the poor is inherently unjust. This
is so because the state is collecting money by coercion rather than through voluntary transfer or
transactions.
In the case of the creation of any value or product, the creator has the right to enjoy or use it
in any way he/she desires. It is unjust to dispossess the rightful holder or creator by temptation or
force. If somebody has the just right over something, then justice demands that this right should not
be violated (Nozick, 1974). The entitlement theory of Nozick goes against the two popular theories
of distributive justice.
● Nozick does not agree with the Marxian theory of equality. According to Nozick, inequality
there should be redistribution of income or goods from the rich to the poor.
Nozick’s entitlement theory is unpatterned and historical. His unpatterned theory is based on
choice. His entitlement theory is against the violation of property rights. Although the entitlement
theory looks like something original, it is not free from criticism.
Justice
In dealing with people and in the distribution of basic goods, justice and fairness should be practiced
by people. The idea of justice is based on equity and fairness. Without justice, no moral rule or
dealings can be made effective in a society.
Gratitude
Gratitude is basically an individual virtue that makes life enjoyable and pleasant. It is necessary to
return a favour by words or deeds of gratitude. It makes a person endearing, and he becomes worthy
of favour in the future.
Reparation
It is a kind of compensation for the injury and harm done to others. This is a form of justice.
Reparation should be proportional to the damage done. Although in many cases, the appropriate
type and amount of reparation cannot be made, it is a good moral rule to make a compromise by
both the parties involved.
Beneficence
You must be benevolent in nature and do good to others whenever necessary. Thus, kindness and
compassion are important in reducing the impact or eliminating undesirable situations.
Non-malice
This means the prevention of injury or harm to others. This is possible only when it is non-violent.
This moral duty also implies a mindset that does not bear ill to anybody. It shows equal love and
good relation with every person.
Self-improvement
Ross’s rules do include provisions for constant self-improvement by practicing virtues and a value
system in accordance with the principles of morality. Unless people are constantly inculcating the
principles of good moral behaviour and applying them in actual practice, self-improvement does
not become possible.
Ross’s prima facie duties are concerned with what people ought to do. Many philosophers do
not consider these rules to be duties. They observe that these should be called responsibilities. Ross
calls these rules as prima facie duties because while deciding to act, all these rules (duties) need to
be taken into consideration. No duty should be considered in isolation. It is for this reason that you
must follow the principle of ethical pluralism.
to mislead or hoodwink the public (customers or suppliers). Carr warns the business people that if
bluffing is not done, there is a possibility that the business will undergo losses. In such a case, there
should be a distinction between business and family life. Family ethics and values are not relevant
in business. A businessman may be ethical in his private life but he cannot apply the same moral
principles in his own profession (business). The two worlds are entirely different.
Carr approves of the following types of business tactics to maximize profits:
● Deception (say, in a business like food processing products).
● Utility companies that practice regulatory capture, bribe government officials to extract unduly
Critical Appraisal
Carr’s theory can be supported on the following two grounds:
● Carr’s theory can be supported on teleological ground. The telos (end) of every business
enterprise is to maximize profit. Carr supports the idea that ends justify the means. A teleo-
logical theory does not imply that means need be ethical. So in order to maximize net gains,
business people can be unethical.
● Carr’s thesis can also be supported on the basis of ethics of utilitarianism or consequen-
tialism. A businessman knows the consequences of his actions while maximizing his profit.
His utility or “good” lies in this materialistic behaviour. Thus, his actions can be supported on
the ground of utilitarianism.
● But if the intention of the business enterprise is to cheat customers and suppliers and to
produce financial losses to them, the actions are wrong, according to deontological ethics.
Such deception is wrongful behaviour. However, there is no objection to profit maximization
if it is done in an ethically correct manner. Business in practice cannot go beyond a certain
limit. Carr is aiming at proving too much at the same time and making unwise suggestions.
Carr seems to believe in ethical relativism. He points out that whatever is ethical in in a family
is not ethical in business. A business has its own ethics.
What is Justice?
The term “justice” is derived from the word “just”, which means “appropriate”, “proper” and “fair”.
The word “fairness” is regarded as the most appropriate equivalent to the term “justice”. When a
treatment is accorded to a person in proportion to what he deserves, he can be said to be treated in
a just way. For instance, when a labourer is asked to work and paid wage equal to the market value
of his physical productivity, the payment is based on justice. Justice is something which can be
regarded as reasonable on both moral and empirical grounds. Justice is a normative social order.
It is a form of righteousness. When some people are in bondage, justice implies freedom to them.
Absolute justice is divine and is difficult to achieve in the real world. In the actual practice, we
come across what is known as relative justice.
Types of Justice
There are many types of justice. These are briefly explained in the following pages.
1. Procedural Justice
There may be justice in an act. However, what is important is to see whether that action has
been performed complying to the law or through a correct procedure. For instance, a labourer
is asked to do a job but is forced to accept the terms and conditions imposed by the employer.
Here the procedure is unjust. In the same way, the property of a poor person can be trans-
ferred or sold in an illegal manner or by force. These types of action go against the procedural
justice.
2. Commutative Justice
Commutative justice is a form of justice where fairness or justice is ensured at the beginning
and all people are treated equally. In other words, people start on the level field. The background
of the people is totally irrelevant in the case of commutative justice. Commutative justice also
ensures that all people are given equal opportunities for development. Further, the fairness of
exchange between two or more parties involved is of prime consideration. Thus, it is said that
the remuneration to a factor of production must be equal to its marginal productivity. In such a
case, there is no exploitation; and justice is done to the factor of production. It is in this sense
that the neoclassical theory of distribution can be said to be just.
3. Compensatory Justice
In the case of compensatory justice, some compensation is given to the person who has been
treated unequally in the past. The point is that the compensation for the injustice done in the
past must be proportional or equivalent to the loss sustained by an individual in question. But,
in many cases, it is difficult to assess the appropriate amount of financial compensation. For
instance, if somebody has lost his hand while working in a factory, what would an accurate
compensation be? The payment of a particular amount sanctioned by the factory or by a legal
institution may not take into account his all-round incapability, social stigma and future losses
in the absence of his hand. However, in the present social system, some amount of compen-
sation is granted, depending not on the requirements of the loser but on the capability of the
person giving the compensation. Sometimes, it so happens that the payment of compensation
50 Business Ethics and Corporate Governance
is either too low or too high for a prolonged period. This may lead to reverse injustice. For
instance, the granting of some special favour to backward classes or castes for a very long time
may mean injustice to higher castes or classes of people. This may create reverse injustice to
these classes and castes.
4. Retributive Justice
This ensures some form of punishment to a defaulter. The imposition of fines or penalties,
however, may not be adequate or just in a particular situation. Sometimes, the punishment
may be more than what is needed and sometimes, it may be less than what is necessary. There
is no objective criterion to impose just punishments in several cases, whether it is fixed by
the court of law or done by a particular person to whom wrong has been done. Thus, where
simple fine should be imposed, the authorities may order rigorous imprisonment. The basic
purpose of retributive justice is to prevent the person from doing similar type of unjust work in
the future. This is often not done in actual practice. In the case of retributive justice, the main
criterion for punishment should be the motivation for the crime or what is called mens rea. If
the motive for the crime is not established beyond reasonable doubt, it is unjust to impose any
punishment.
5. Communitarian Justice
This refers to a system of justice shown to a particular community which has been suffering
in the past from injustice (say, the tribal people in Australia). Tribal people in many countries
are not given equal freedom and rights like other citizens. Therefore, communitarian justice
will imply that these people are given some rights and liberties which may be political or
economic in nature.
6. Distributive Justice
Distributive justice is very critical for human society as a whole. The basic idea of distributive
justice is to treat equal people equally and unequal people unequally. Therefore, it can be
either vertical or horizontal in character. The principle of distributive justice upholds the view
that the benefits and burdens in a society must be distributed equally among its members.
However, there may arise a situation where the resources to be distributed are limited compared
to the number of persons sharing these resources. In such a case, certain principles need to be
followed like first-come-first-served, ladies first or the sick and disabled people may be given
more preference than a normal person.
The principles of justice are the principles of fairness. Justice is also regarded as a method or
system of ensuring equality to all who are equal and unequal. In Public Sector Economics, which
deals with public choice and the collective decision-making process, the issue of justice becomes
extremely important. Such public decisions may make some people worse off and some people
better off. Therefore, the principle of fairness assumes a significant role.
For the purpose of public choice, social welfare and reforms, what is important is the concept of
distributive justice which means the application of the principles of fairness in the distribution of
income and wealth in a society. However, the concept of fairness is often unfairly complicated
with various subjective interpretations. We have a number of theories of distributive justice, some
of which will be elaborated here.
Theories of Ethics 51
THEORIES OF JUSTICE
We will start our discussion on theories of justice with utilitarian theory.
Utilitarian Theory
It considers any action which leads to the maximum benefits and happiness of the greatest number
of people in a society as a just action. For example, it is indeed very difficult to measure the concept
of utility because it is a subjective concept, similar to the concept of happiness. However, the
theory judges the rightness or wrongness of human action in terms of the principle of maximum
benefit or happiness. However, it does not take into account the impact of that action on minorities.
Therefore, this theory does not seem to be justified in many cases. The utilitarian theory takes into
consideration the well-being of most of the people but not all of them. It says that if the benefits are
more than the cost of an action, the action is justified. (A more detailed discussion on utilitarianism
is given previously.)
Marxian Theory
Marx (1867) was of the view that only the establishment of communism could guarantee the need-
based wage payments to workers. Thus, communism to Marx is a just economic system. The
capitalist system cannot be reformed to bring justice to the labour class because under capitalism, all
institutions including the legal system, and the state are pro-capitalist instruments. Justice requires
that the wage system should be need-based. However, the question of the measurement of needs
will depend on the stage of economic development and also on the level of human development
that is aimed at. The needs should include not only the individual needs but also the social needs of
human beings. In spite of debates over the issue of needs, it has been accepted by almost all that the
needs must take into account a fair standard of living for the working class. Marx has remained very
critical of the capitalist idea of encouraging inequalities as the basis of principle of justice. Marx
has given a number of instances where he has proved that a capitalist system is basically unjust,
particularly to the working class. We will explain briefly these instances.
Theories of Ethics 53
Surplus Value
A capitalist does not pay a labourer according to the productivity of his labour. The wages
under a capitalist system is always less than the productivity of labour. Every worker creates a
surplus value which is equal to the total productivity of labour minus the wage that is paid to
him. The positive difference between these two is called surplus value. This is pocketed by the
capitalists. Thus, a worker under a capitalist system is always exploited. The greater this surplus
value, the greater is the degree of exploitation.
Capital Accumulation
● Capitalism survives on the basis of capital accumulation which leads to centralization
of capital and concentration of capital. Concentration of capital is a process of capital
deepening where capital per worker is increased, or a particular technique of production is
made more capital-intensive. The taking over of weak enterprises or the merger of small
capitalists can be called the process of centralization of capital. The development of these
two forms of capital accumulation leads to the growth of monopoly capitalism. As a result
of centralization of capital, the bourgeoisie and small manufacturers are wiped out. Most of
them become proletarians. It has been pointed out by Lenin and others that monopoly is the
intensification of and not the negation of capitalism. In fact, monopoly capitalism grows out
of intense capitalist competition. The growth of capital accumulation hinders the interest of
the working class because this leads to more automation in the production process, resulting
in displacement of labour by machinery, and the result is the growth of the reserve army of
labour. A capitalist mode of production in the long run creates a pool of unemployed and
under-employed labour.
● The reserve army of labour created by capital accumulation leads to increase in poverty
among the labour class. Capital accumulation adds to the absolute deterioration of the
condition of the working class. The relative deterioration is called immiserization of the
proletariats. However, another condition, known as proliterianization of the working
class, is created when the workers are fully unemployed. The workers under capitalism not
only suffer from physical poverty including malnutrition, under-nutrition, and poor living
conditions but also from social poverty, implying discrepancy between wages, inequality in
consumption, inequality in opportunities and in resource endowments.
● According to Marx, a capitalist system is unjust because of many reasons including distrib-
utive injustice, lack of freedom and liberty and denial of human rights.
● Capitalism leads of alienation of workers. This alienation takes many forms such as alien-
ation from society, family, products made by workers, rights and freedom and from the self
also. In the context of alienation, capitalism cannot be said to be a just system.
Marx has elaborated how labour power is regarded as a commodity under capitalism. The
commodification of labour is totally unjust. Capitalism leads to de-humanization of labour power.
Marx was so disillusioned with system of capitalism that he believed the tradition of private property
system to be error ridden. The capitalist exploits labourers on the basis of the ownership of the
means of production and not because of his superior ability. Marx also has castigated the role of the
54 Business Ethics and Corporate Governance
Government by saying that the state is not neutral under capitalism; it always works in favour of the
capitalist class. Under such a situation, no justice can be expected from the state.
means of production. It looks after the interest of the people by organizing production, distribution
and exchange. Under socialism, the state does not represent the interest of any particular class, but
it stands for the interest of all people.
Socialism promises to transform the society from the realm of necessities to the realm of
freedom and justice. It gives more emphasis on the ability of people to contribute to the social
stock of goods and services and the distribution is based on the needs of the people.
A morally warranted situation for justice will have to be based on some neutral position at the
beginning, which Rawls refers to as the original position. In this original position, the parties (the
rational people) will choose those principles which they will apply to themselves. This is the same
as the Kantian moral ideas of reversibility. The original position should also be such that the
principles of justice chosen must be equally applicable to everyone. This is called the principle of
universalizability.
According to Rawls, social welfare is the welfare of the worst off members of a society. Rawls’
theory tries to answer two basic questions of distributive justice:
1. How can we find the principles of justice?,
2. What are these principles of justice?
The answer to the first question is that it is necessary to have a contact which is shielded under
the veil of ignorance. While answering the second question, Rawls rejects the importance of merit
because merit comes from heritage, upbringing and natural endowments that are irrelevant from
the moral point of view. All primary goods like liberty, opportunity, and so on are to be distributed
equally unless an unequal distribution is to the advantage of the least favoured. The difference
principle states that difference is allowed so long as they gain the least advantaged. In Rawls’ theory,
no person deserves to benefit exclusively from his talent; but it is not unfair to allow such benefits
when they work to the advantage of those who were less fortunate. This is precisely the essence
of Rawls’ principles. Under the difference principle, people only have a claim to a larger share of
resources if they can show that it benefits those who have lesser shares. However, in general, people
are not indifferent to the way the benefits produced by their collaboration is distributed, and there
may be a conflict of interests unless there is a set of principles. The importance of a set of principles
needed for the division of advantages among the participants is clearly recognized by Rawls when
he says:
A set of principles is required for choosing among the various social arrangements which
determine this division of advantages and for underwriting an agreement on the proper distrib-
utive shares. The principles are the principles of social justice: they provide a way of assigning
rights and duties in the basic institutions of society and they define the appropriate distribution
of the benefits and burden of social cooperation. A conception of social justice, then, is to be
regarded as providing in the first instance a standard whereby the distributive aspects of the
basic structure of society are to be assessed.
(Rawls, 1971, pp. 4–9)
According to Rawls, justice can be achieved on the basics of a hypothetical social contract
characterized by a situation so as to lead to the conception of justice. The point of the contract is to
determine principles of justice from the conception of equality. Rawls is interested in commutative
justice with an equal start and opportunity and fairness to everyone.
Given the position of contractarian equality among the members making the hypothetical
contract, justice would constitute a significant part of rational choice. Rawls advises to choose
a situation or strategy where in the worst situation, the payoff would be the largest among the
smallest (maximum) i.e. maximize the gain in the worst situation. However, for an unknown and
uncertain situation, Rawls suggests that people in the original position should choose the difference
principle.
Theories of Ethics 57
People’s claim to social goods should not depend on natural endowments. Under the difference
principle, people only receive extra reward for their talents if that leads to the benefit of the less-well
off. Rawls defends the difference principle by saying that it counteracts the inequalities of natural
and social disadvantages. In his theory of justice individuals are expected to think about justice in
terms of the rules that should govern their self-interest without recognizing their talents, endow-
ments and social position.
Rawls presumes rational individuals would agree to two rather different principles—equality
in the assignment of basic rights and duties, and socio-economic inequalities are permitted only if
these result in compensating benefits for everyone. Rawl’s theory of justice makes use of distinctive
restatement and application of the social contract and rational choice theories. Rawls’ theory states
that the principles of justice are really the choice of rational people under the hypothetical situation
of equalized liberty, and under such a situation, justice can be regarded as the outcome of fair
agreement or bargain.
The parties making a contract or agreement for justice as fairness must be rational and mutually
disinterested. John Rawls interprets rationality in a narrow sense as the most effective means to
the given ends. The basic merit of the contract terminology, Rawls states, is that it conveys the idea
that principles of justice may be conceived as principles to be chosen by rational persons. Rawls
suggests that his principles of justice are superior for two reasons: (1) they spell out the idea of
fairness with clarity (2) they are the outcome of a hypothetical social contract.
Libertarian Theory
The most important proponent of libertarian thinking is Robert Nozick (1974). According to him,
the transfer of income or wealth from the rich to the poor is unjust for many reasons. Nozick is an
anti-consequentialist. This means that it is not the outcome of any action that is important, but
it is the process that remains decisive. According to Nozick, only those processes are just where
exchange is voluntary.
According to Nozick, any justified distribution of benefits and burden will take into account
the free choice of the individual. If any action or policy is imposed on an individual in the matter
of exchange, it is not justifiable. A person’s choice has to be given full credit for creating a just
situation. The motto is—from each according to his choice and to each according to what he has
chosen. In other words, if a person has created something, he should be allowed to keep his own
creation, provided he wants it; it is not justifiable according to Nozick to take contribution from
one citizen to increase the welfare of another citizen. Such a type of distribution is not permitted by
the Nozick’s theory. Nozick also does not support the idea of infringement of individual freedom
by any authority. To Nozick, justice means freedom. So imposition of any rule or policy that curbs
the freedom of individual will be unjust. The only type of distribution which is justifiable is the one
which is based on the free choice of individuals. If something wrong has been done by the policy-
maker in the past, a way must be found to undo such things.
However, this is a very complicated task for the government and society. The libertarian view
says that the entitlement theory of justice should regard economic outcomes as just only when they
arise from acquisition by the state (or dispossession by the state) of what was not earned or what
was not voluntarily transferred. Just acquisitions in a sense are those that do not violate individual
rights and freedom, the distribution of income, therefore, must remedy these previous violations.
Nozick’s theory relies heavily on the concept of rights and freedom in the matter of property rights
and ownership. The present property rights are mostly found to be unjust. Therefore, the attempt to
redistribute such property is just. The concept of freedom developed by the libertarian thinkers is a
negative concept in the sense that it upholds non-interference with anybody’s freedom and rights.
The idea of Nozick has given rise to many debates about the concept of equity. It is indeed difficult
to know what is right and what is wrong.
and unemployment, ignorance and starvation. These forms of freedom are equally important as the
freedom from coercion.
Quranic Theory
Justice is one of the most used words in the Quran (Koran). According to the Islamic system, it is
man’s responsibility to establish justice. Allah commands justice and welfare. The fundamental
principle that guided the social formation of Medina was the equality of men. The most honored
person in Islam is the one who is the most righteous. Justice is equated with what is socially good
for all. The Islamic concept of justice in the distribution of income and wealth does not require
reward for everyone irrespective of one’s contribution to society. Islam tolerates some inequalities
and allows differential earnings. Implicitly, the desirable pattern of income distribution is based
on the principle of equity. The quality determines the quantity. For instance, a man having two
wives need not buy the same length of cloth for each wife; since one may be shorter or slimmer
than the other. Islam advocates the provision of honorable living for the unfortunate who are unable
to participate in productive activities. It supports the program of basic needs (ma-ash) for every
family.
Social justice constitutes freedom, but with some constraints, as dictated by the religious prescrip-
tions. Social justice guarantees individual freedom against the misuse of power (Naqvi, 1981; 86).
The starting point of social justice is the equality of all before law. Social justice requires that the
poor be levelled up and the rich levelled down. Islam prohibits the concentration of wealth and
power in a few hands. The possessor of wealth in Islam is merely a trustee, who should spend the
wealth in such a way as will maximize social welfare. There is a built-in institutional mechanism
for the desirable pattern of redistribution of income through zakat (compulsory contribution for the
benefit of the have-nots). There is also a provision of sadaqah (occasional offerings) of alms to the
needy. The Islamic concept of justice is aimed at minimizing social inequalities through religious
prescriptions. As a matter of fact, true belief in Allah automatically entails devotion to justice and
righteousness.
The consequentialist philosophy envisages that a just action is that which is based on the
possible consequences of the action, policy or choice. Thus, it is the outcome of the action and
policy of choice. Thus, it is the outcome of the action that is important for the evaluation of any
public policy or choice. The utilitarian theory of justice is based on consequentialism. Under this
system, if consequences are good from the point of social welfare they are justified. If the conse-
quences are bad, the action cannot be considered as just.
The deontic philosophy is associated with Immanuel Kant. According to this philosophy, an
action is just if it is done as a duty. These duties or rules may be the rules of natural justice, moral
principle, codified rules or what may be categorical imperatives. The idea is similar to rule utili-
tarianism which states that social welfare or utility can be maximized by adhering to codified rules
or laws. New age utilitarians are deontological in their attitude. However, all the theories discussed
earlier are designed in a normative framework. It is necessary to integrate these theories of distrib-
utive justice to make them amenable to and a part of the mainstream economic theory that is still
dominated by the idea of Pareto Optimality.
60 Business Ethics and Corporate Governance
According to Gandhi, an action is just when it does not harm either party to a dispute (Gandhi,
1958–84, Vol.14:233). This idea of justice is the very heart of Gandhi’s satyagraha and conflict
resolution. To Gandhi, the simplest principle of justice depicts that situation where nobody should
be forced to do anything under duress (Gandhi, 1958–84, vol. 4:266). He has explained some
important principles of justice in connection with mill workers’ strikes in Ahmedabad in 1917.
His ideas are contained in various leaflets that he distributed to the workers and employers in his
bid to settle disputes. According to him, the cheating game of the employers towards the workers
was the Satanic notion of justice prevalent among the capitalists in the Western or modern world
Theories of Ethics 61
(Gandhi, 1958–84, vol.4:233). The workers themselves also might have been influenced by the
Satanic concept of justice when they put forward a list of demands simply because they thought that
the union was strong enough to do so.
Speaking of the Satanic concept of justice, Gandhi writes:
In the present war in Europe…. no means is considered improper in defeating the enemy. Wars
must have been fought even in the past, but vast masses of people were not involved in them.
We would do well not to introduce into India this despicable idea of justice. When workers
make a demand merely because they think themselves strong enough to do so, regardless of
the employers’ condition, they will have succumbed to the modern, Satanic idea of justice…
you will never find in ancient India that a situation in which the workers starved was regarded
as the employers’ opportunity. That action alone is just which does not harm either party to
a dispute.
(Gandhi,1958-84, vol. 4: 233).
The Satanic concept of justice is wicked in nature and is motivated by revenge and selfish
personal gain. As against this auto-centric concept, there is the notion of pure justice which is
according to Gandhi is motivated by compassion, kindness and pity shown by the employer towards
the subordinate or dependent employees. Thus Gandhi writes:
There was a time in India when servants, passing from father to son, used to serve in the
same family for generations. They were regarded and treated as members of the family. They
suffered with the employers in their misfortunes and the latter shared the servants’ joys and
sorrows. In those days, India was reputed for a social order free from friction, and this order
endured for thousands of years on that basis. Even now this sense of fellow-feeling is not
altogether absent in our country. Where such an arrangement exists, there is hardly any need
for a third party or an arbitrator. Disputes between a master and a servant are settled amicably.
There is no room in this arrangement for increase or reduction in wages according as the
changing needs of the two might dictate.
(Gandhi, 1958-84,vol. 4: 232-233)
The Gandhian concept of pure justice is quite consistent with the Rawlsian difference principle,
which recommends a skewed distribution of income in favour of the poor and deprived sections
of a community. An example of a system of pure justice in India is to be found in the practice of
the jajmani system in ancient India to which Gandhi has alluded in various places in his writings.
Gandhi observes that in the past, the people of India had achieved great things because they made
pure justice the law of their life (Gandhi, 1958-84, vol. 16:316). In explaining the concept of pure
justice, Gandhi writes:
Pure justice is that which is inspired by fellow-feeling and compassion. We in India call it the
Eastern or the ancient way of justice. That way of justice which has no place in it for fellow-
feeling or compassion is known as Satanic, Western or modern justice.
(Gandhi, 1958-84, vol. 16:302–03)
62 Business Ethics and Corporate Governance
I have always held that social justice, even unto the least and lowliest, is impossible of
attainment by force. I have believed that it is possible by proper training of the lowliest by
non-violent means to secure the redress of the wrongs suffered by them.
(Gandhi, 1969:138)
The Gandhian theory of justice, if one can call it a theory, was an amalgam of all the theories
that have been elaborated upon earlier. His believed in the holistic notion of justice. His concept of
Theories of Ethics 63
justice was quite similar to the utilitarian theory. To him, a just law or action is that which not only
maximizes the welfare of the greatest number of people but of all the people. He was not prepared
to accept that such actions were impossible in actual practice. However, he was not completely
a utilitarian because he did not support the idea of an individual behaviour that is based on the
principle of utility maximization without caring for the social welfare. One should not fail to note
here the principle of agency and structure, which is explained by Gandhi in terms of reciprocal
needs for interdependence. Gandhi supported the Marxian theory of justice in the sense that it is
based on the need for the absence of exploitation of the poor working class by the rich capitalist
class. Like Marx, he also believed that justice lies in the payment of need-based wages to the
working population. To Gandhi, justice is a relative term (Gandhi, 1935, 1 June).
Gandhi was Rawlsian in the sense that he was interested in commutative justice—justice with
an equal start, equal opportunities and equal fairness to all classes of people. Like Rawls, Gandhi
also had a soft spot for the poor and the so-called lesser mortals for whom he favored a little bit of
inequality and human kindness in the matter of distribution of resources.
Further, Gandhi did not agree with the libertarian view that the transfer of income and wealth
from the rich to the poor is unjust. In fact, on many occasions, Gandhi himself recommended such
transfers. However, he agreed with Nozick’s suggestion that it is the duty of the state to find some
mechanism to undo the wrongs done in the past. The implications of the Gandhian theory of justice
also support the libertarian view that just acquisitions must not disturb the rights and freedom of
individuals. Like the Islamic theory of justice, Gandhi’s concept of justice recognizes the equality
of all human beings and wants the possessor of wealth to be the trustee of the wealth for the
benefit of all. Gandhi also favoured the policy of leveling up the poor and leveling down the rich
for the sake of socio-economic equality. Gandhi has suggested basically a couple of methods for
combating injustice.
There are two ways of countering injustice. One way is to smash the head of the man who
perpetrates injustice and to get your own head smashed in the process. All strong people in
this world adopt this course. Everywhere wars are fought and millions of people are killed.
The consequence is not the progress of a nation but its decline. Soldiers returning from the
front have become so bereft of reason that they indulge in various anti-social activities. But
through the other method of combating injustice, we alone suffer the consequences of our
mistakes; and the other side is wholly spared. This other method is satyagraha. One who
resorts to it does not have to break another’s head: he may merely have his own head broken.
He has to be prepared to die himself suffering all the pain.
(Gandhi, 1916, 27 July)
The method of satyagraha as a means to achieve justice was first applied by Gandhi in South
Africa and then in India. The history of this struggle for all practical purposes became the history of
the remainder of Gandhi’s life in South Africa, and especially of his experiments with truth in that
subcontinent and in India (Gandhi, 1927:266).
64 Business Ethics and Corporate Governance
Summary
The discussion on “right” and “wrong” has been attempted by a number of theories. The Bible has
in this context given ten commandments—the most important of them are to love your neighbor
and to worship God with all heart, soul and mind. Aristotle has put more emphasis on human
virtues like benevolence, courage and kindness . He has advised to follow in every matter a golden
mean which is the mean between two extreme values. In his Nicomachean Ethics, Aristotle has put
forward the idea that character-building is essential for a happy and meaningful life; but character
is based on virtues.
Utilitarianism is based on the principle of greatest good of the greatest number, The theory of
consequentialism is an end-based theory: an action is good if the end result is good. Theory of
consequentialism is directly associated with teleological theory; it emphasizes telos (the ultimate
end). Kant emphasizes on the fact that no action is good or bad by itself; what matters is the
intention behind the act. He has put more emphasis on duties. He has proposed the principle of
universalism which is anti-consequentialist in nature. We should do only those acts which can be
universalized. According to Kant, categorical imperatives are ethical acts which must pass two
tests: Firstly, a person’s reasons for acting in a particular way should be the reason which should
induce others to act exactly in the same way (universalizability). Secondly, you should perform
your duty on others in such a way that you will like others to perform their duties on you in exactly
the same way (reversibility).
Nozick explains that the state must ensure that there is no restriction of freedom. To him,
individual is the end and not the means. The basic human rights must not be violated. According
to him, inequality is the natural principle and it should not be reduced, and it is improper for
anybody to distribute income of the rich among the poor people. The transfer of property or income
should be voluntary and not by coercion or any other means. Albert Carr’s theory of business ethics
considers bluffs in business as a permissible phenomenon. Is this fair? In any discourse on ethics,
the concept of justice is the most important. Justice is regarded as fairness. There are many types
of justice including retributive, communitarian, and compensatory, commutative, procedural and
distributive justice. The utilitarian theory of justice asserts that an action is just if it leads to the
greatest good of the greatest number of people. The egalitarian theory is based on equality. In the
capitalist theory of justice everybody should receive according to his contribution. However, the
Marxian theory asserts that wage should be need-based. This is possible only under communism.
This is also the view of the socialist theory. Rawls’ theory emphasizes on equality of opportunity
for everybody, and equal liberty for all citizens. However, he is in favour of the poor people and
advocates for the improvement of their economic conditions through difference principle.
The Quranic theory puts emphasis on equity, social welfare and righteousness. Some amount
of inequality is permitted, and it allows differential earnings. To Mahatma Gandhi, justice is based
on rights. It consists of absence of duress, claims to natural rights and no harm to anybody. He
advocated welfare of all. He also supported the Marxian theory by saying that wages should be
need-based. Like Rawls, he also stood for equal opportunities, equal fairness and equal rights and
also some favours for the poor people. He did not agree with the libertarian view that it is unjust
to distribute rich men’s wealth among the poor. Like the Quranic theory, he supported the idea of
levelling up the poor and levelling down the rich.
Theories of Ethics 65
Key Terms
Hedonism Act Deontology Veil of Ignorance
Utilitarianism Enlightened Egoism Social Justice
W.D. Ross’s Seven rules Hedonism Libertarian View
Nichomachean Ethics Epicureanism Communitarian Justice
Golden Mean Principle of Universalism Contractarian Justice
Ten Commandments Categorical Imperatives Distributive Justice
Act Utilitarianism Justice Procedural Justice
Rule Utilitarianism Fairness Egalitarian Theory of Justice
Ordinal Measurement Retributive Justice Anti-Consequentialist
Cardinal Measurement Compensatory Justice Reverse Injustice
Telos Procedural Justice Jajmani System
Egoism Equity and Equality
Rule Deontology Difference Principle
Review Questions
1. How will you distinguish between utilitarianism and consequentialism? Explain.
2. Make a reconciliatory approach between consequentialism and deonticism.
3. Explain the salient features of Aristotle’s golden mean.
4. What is a teleological theory? Analyse its various ramifications.
5. Discuss the Biblical assertion of the Ten Commandments of the Christian ethics. Which of the
commandments you think is the best?
6. Critically analyse W.D. Ross’ seven prima facie moral rules.
7. Why do our ethical decisions differ?
8. Explain why does a good man sometimes do ethically bad works?
9. Distinguish between the utilitarian and the consequentialist notions of justice.
10. Write an essay on Rawls’ theory of justice.
11. Compare and contrast the ideas of justice under capitalism and socialism.
12. Bring out the salient features of the Gandhian theory of justice.
13. Why is capitalism considered as an unjust system by Marx?
14. Which of the theories of justice that you have studied here appears to be most appealing to you
and why?
15. Compare and contrast the Gandhian concept of justice with the theories that you have
studied.
Web Links
1. http://jan.ucc.nau.edu/~dgs2/theories.pdf [Nine Theories of Ethics that Rule the World]
2. http://www.princeton.edu/~ppettit/papers/1974/A_Theory_of_Justice.pdf
[A Theory of Justice]
3. http://www.cupr.org/VI3/Storelli-VI3.pdf [John Rawls’ Principles of Justice]
4. http://www.tannerlectures.utah.edu/lectures/documents/Striker88.pdf
[Greek Ethics and Moral Theory]
5. http://www.bced.gov.bc.ca/irp/social_justice12/sj12irp2008.pdf [Social Justice]
References
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Brandt, R. (1959), Ethical Theory, Prentice Hall, NJ, USA
Carr, Albert, Z. (1968), “Is Business Bluffing Ethical?”, Harvard Business Review, January–Feb-
ruary, 1968
Christians, C.G., et al. (2005), Media Ethics, Addison Wesley Longman, New York
Day, Louis Alvin (2006), Media Communication Ethics, Wadsworth, New Delhi
Dienhart, John W. (2000), Business, Institutions and Ethics, Oxford University Press
Durant, Will (1961), The Story of Philosophy, Pocket Books (Simon and Schuster), New York
Friedman, F. (1978), Introductory Ethics, Prentice Hall, NJ, USA
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Hoffman, John and Graham, Paul (2010), Introduction to Political Theory, Pearson, New Delhi
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Hohfeld (1923), Fundamental Legal Conceptions as Applied in Judicial Reasoning, Yale University
Press, New Haven, Connecticut
Kant, Immanuel (1964), Groundwork of the Metaphysics of Morals (Translated by H. Paton),
Harper and Row, New York
Kant, Immanuel (1972), “Fundamental Principles of the Metaphysics of Morals” in Paul W. Taylor
(Ed.), Problems of Moral Philosophy, Dickenson, CA, USA
Mackie, J.L. (1990), Ethics: Inventing Right and Wrong, Penguin Books, USA, New York
Nozick, Robert(1974), Anarchy, State and Utopia, Basic Books, New York
Ross, W. D. (1930), The Right and the Good, Clarendon Press, Oxford
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England
Tuck, R. (1979), Natural Rights Theories, Cambridge University Press, New York
Weiss, Joseph W. (2009), Business Ethics, Cengage, New Delhi
Bhattacharya, Buddhadev (1959), Evolution of the Political Philosophy of Gandhi, Calcutta Book
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Gandhi.M.K. (1909), India, 22 October
——— (1909), Indian Opinion, 25 December
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CHAPTER 4
LEARNING OBJECTIVES
INTRODUCTION
A market is a place of interaction between buyers and sellers. The geographical location of the
market is of little importance. Transactions can be done at any place. So, in order to be a market, the
exclusion principle must apply. This means that a person, who is not paying, can be excluded from
the market. Therefore, a market is a neutral institution and a place where exchange of goods and
services is based on the principle of fair play. A market can have one or more sellers or buyers. Thus,
there may be monopoly, duopoly or oligopoly. From the buyer’s side, there may be monopsony,
duopsony or oligopsony.
The existence of all these types of markets will create a market structure. The purpose of this
chapter is to analyse the output and pricing conditions of different types of market structures and
70 Business Ethics and Corporate Governance
organizations, and more importantly, to pin-point the ethical issues embedded in each type of
market system.
the minimum level giving maximum benefits to the consumers. Such a situation also ensures
minimum profit (normal profit) to the producers to stay in the business. Perfect competition
is justified because it works against the possibility of concentration of economic power in a
social system.
In the short run, the firms making losses will not immediately leave the industry. They will try
to adjust their internal production conditions so that they can in future attain the equilibrium price
without incurring losses. Such firms will continue to exist so long as they can cover the average
variable cost. However, after waiting for a reasonable period of time, if a firm cannot recover the
average variable cost, then it will have to shut down.
In the long-run equilibrium, a firm under perfect competition will have the following condi-
tions:
P = MR = LMC = LAC
In the long run, a firm in the perfectly competitive market cannot exist unless it is able to reduce
its cost to minimum and which is equal to the prevalent market price. Thus, in a sense the firm tends
to be of optimum size.
Secondly, PC is justified on the ground that both consumers and producers are happier—
consumers get some consumer’s surplus because of lowest possible prices of products and producers
are satisfied because they can reap producer’s surplus by supplying the output at the lowest possible
cost. PC ensures an efficient condition in the realm of production and consumption. It is ethically a
just market condition, nothing can be better than this. In terms of utilitarian ethics, no other market
structure will be as beneficial as PC.
Thirdly, under PC, not only the output is maximum but the price of that output is minimum
too. Both these situations are ethically justified in the sense that they can be helpful for the poorer
section of the society. Other things, remaining the same, one should expect that PC will lead to
lesser poverty and deprivation.
Finally, marginal cost pricing rule, that fixes price equal to marginal cost, can ensure allocative
efficiency. In such a situation, no factor of production (including labour) is exploited. Since the
remuneration to a factor of production is made equal to its contribution or marginal productivity, it
can be said to be the just method of remuneration.
MONOPOLY
A monopoly is a type of market form where there is only one seller controlling the entire supply
of a single commodity which has no substitute. A monopoly firm is a price maker firm. Monopoly
arises because of efficiency, large-scale production, specialization and presence of barriers. The
barriers may be purely economic or legal in nature. There are some major differences between
perfect competition and monopoly (See Table 4.1).
In spite of many differences discussed above, there are two important similarities between perfect
competition and monopoly.
1. In both the cases, the equilibrium output and prices are determined by the principle of
MR = MC.
2. Both these market firms are governed by the basic objective of profit maximization.
74 Business Ethics and Corporate Governance
Regulations of Monopoly
Since a monopoly price is generally high and output is low, there arises a need to control monopoly,
and this is done through different types of regulatory measures. The following are the major regula-
tions to control monopoly.
1. The Government can impose price regulation on monopolists through various strategies.
However, if the price is above the competitive price level, the welfare loss due to monopoly
cannot be completely eradicated.
2. Various types of taxes can be imposed on a monopolist. These taxes may be a lump-sum tax,
or may be a specific or per unit tax. The impact of a lump-sum tax may be borne by the seller
and buyers may be spared the tax. The most common taxes are excise duties and sales tax.
However, the monopolists may be able to transfer the tax to the buyer. This will depend on
the elasticity of demand for his product. If the elasticity of demand is very low, the tax burden
is borne by the buyers. However, if the elasticity of demand for the product is high, the tax is
generally borne by the monopolist.
3. Many countries now are coming up with anti-monopoly legislations to promote greater
competition in the market.
4. Another way of regulating the monopoly is to introduce the marginal cost pricing where
P = MC. In such a case, the efficiency in the allocation of resources can be ensured.
76 Business Ethics and Corporate Governance
5. The Government can also prevent by legislation cartelization and collusion among the
firms which are producing similar types of goods.
6. Through various measures, barriers to enter a particular type of business can be
reduced.
7. It is also necessary to break large firms into small firms and prevent big firms from getting
bigger and ultimately turning into a monopoly.
In the case of India, the MRTP commission has been entrusted with the task to ensure that
monopoly power and restrictive trade practices do not grow to a dangerous level. However, the
MRTP, in several cases lacks the legal authority to impose punishment against the big monopo-
lists.
OLIGOPOLY
Oligopoly is a type of market where there are a few sellers and many buyers. The number of sellers
may be three or more. However, the exact number has not provided by any definition of oligopoly.
It is generally understood that under oligopoly, there are only a few sellers.
Most of the time, prices under oligopoly are rigid. This happens when the demand curve is
unpredictable. In such a case, there is an asymmetric response from one firm to another firm’s price
change.
If one firm raises the price, other firms will not do so. This is why the top portion of the demand
curve is elastic. But if the price is reduced by a firm, others will follow. If they do not comply, then
they will loose customers. So, the first seller will not gain much by reducing the price level. Thus,
the bottom portion of the demand curve is relatively inelastic Thus, oligopolistic price remains
stable and rigid.
Ethics and the Market Structure 77
Determinants of Cartels
A cartel is formed on the basis of the following characteristics of production:
1. Homogenous products.
2. The products should have inelastic demand.
3. There is a geographical concentration of firms of producing similar type of products.
4. There is the absence of legal restrictions.
5. Few firms produce the products.
6. There are entry barriers.
7. There is the absence of substitutable commodities.
CARTELS IN INDIA
Adam Smith, the father of Economic Science, wrote in his Wealth of Nations that “when the people of
the same trade meet, the conversation ends in conspiracy against the public or in some contrivance to
raise prices”. The statement is true in the case of cartels in both developed and developing countries. In
India, cartelization is present in many of the industries like iron and steel industry, pharmaceutical retailing,
cement industries, private airlines, transmission towers, electric cables, construction and transportation,
to name a few. Cartels are also present in tyres and trucking industries and family planning devices.
Most of the cartels are to be found in those industries that produce intermediate goods and also in
service sectors. As a result of cartelization the prices of finished products escalate, and the consumers
experience difficulties to buy those products. For instance, the pharmaceutical cartels demand 2000 per
cent profit margin. A study by Pradeep Mehta revealed that the cement industry in India recently intro-
duced a 50 per cent price hike in the recent past. The MRTP Commission has found 44 cement companies
78 Business Ethics and Corporate Governance
guilty of cartelization in 2004. Most of the cartels in the pharmaceutical industry in both developed and
developing countries control vitamin production. The vitamin cartels are very active in the European
union, US and also in India. But no legal action is being taken against those cartels.
The Finance Ministry of India was recently thinking of launching competition audits to reduce and
restricting these unhealthy practices. The new Competition Commission of India has an ambitious
agenda in this regard. The MRTP Commission has also been conducting surveys to unearth those cases of
cartelization which are harmful to the public. However, it is beyond the power of the MRTP to punish the
cartelers. In a recent case against a cement company, the Supreme Court of India rejected the punishment
imposed by the MRTP Commission on the ground that the Commission had no legal jurisdiction over
the cement cartels in India. Many such cases of cartelization and their monopolistic practices are being
gradually reviewed by research studies in recent years.
Source: The Hindu, December 22 and 26, 2007
Summary
A market is a neutral institution and a place for exchange of goods and services. There are many
types of markets including perfect competition, monopoly, duopoly and oligopoly. The existence of
all or some of these types of markets creates a market structure. A perfectly competitive market is
characterized by many sellers, many buyers, one price and the same quality of goods. A particular
seller cannot influence the price of goods. He is only a price-taker and not price-maker. Because of
stiff competition in the market, the price is the lowest and the output is the highest. Perfect compe-
tition is a much wider concept than pure competition. In perfect competition, there is no possibility
of concentration of economic power. Every firm under perfect competition earns normal profit only.
A perfectly competitive system is an efficient system because there is allocative efficiency and there
is consumer and producer surplus. Perfect competition seems to be a just system because of many
reasons. It generates maximum possible output at minimum possible price, making both consumer
and producer happy—the price is based on marginal cost.
Monopoly, on the other hand, is ethically an unjust system because, prices are high but output is
low. There is a concentration of power; no economic efficiency and the producers get super-normal
profit. These are the reasons why monopolies need to be regulated. The regulation is done through
price control, control on the profit margin, taxation, and so on. Under oligopoly, a few sellers
control the market. However, because of inter-firm actions and reactions, oligopoly price remains
sticky. Some oligopoly firms may firm a cartel and follow more or less the same price and output
policies.
Cartelization has become a serious problem both for consumers and for the government. It is
unethical in the sense that it increases the prices of products and reduces the volume of output.
Adam Smith says that it is a system of business practices by some firms which is a sort of conspiracy
against the public. Cartelization and collusion are organized unethical business practices. Moreover,
when price reduction is called for, because of market condition, it is not done by the system of
collusive oligopolistic practices. There are many cartels in the world and also in India. The OPEC
cartels, vitamins cartels in the USA, EU and India are some examples. They make hundred per cent
profits, increase social cost and malpractices but unfortunately no serious legal actions are taken
against them.
Key Terms
Perfect Competition Efficiency Oligopoly
Competitive Monopoly Cartels
Equilibrium Monopoly Power Ethics of Market Structure
80 Business Ethics and Corporate Governance
Review Questions
1. Distinguish between monopoly and perfect competition.
2. Is monopoly always higher than competitive price? Give reasons for your answer.
3. Examine the concept of Nash equilibrium in the context of duopoly.
4. How will you measure monopoly power? Explain briefly the major models.
5. What is a cartel? Write a note on cartels in India.
82 Business Ethics and Corporate Governance
Web Links
1. http://free-books-online.org/management/business-ethics/competition-and-the-market-intro-
duction/ [Competition and the Market: Introduction]
2. http://managementinnovations.wordpress.com/2008/12/02/ethics-in-the-market-theories-
and-definitions/ [Ethics in the Market: Theories and Definitions]
3. http://web.inter.nl.net/users/Paul.Treanor/free-market.html
[The Ethics of the Free Market: Why Market Liberalism is Wrong]
4. http://www.stanford.edu/~hammond/Vatican1990.pdf
[Ethics, Distribution, Incentives, Efficiency and Markets]
5. http://www.acton.org/global/article/market-economy-and-ethics
[Market Economy and Ethics]
6. http://www.scribd.com/doc/22577491/Microsoft-Ethics-Case [Microsoft Ethics Case]
References
Baumol, William, J. (1966), Economic Theory and Operations Analysis, Prentice-Hall of India,
Delhi
Brigham, E.F. and Pappas, J.L. (1972), Managerial Economics, Dryden Press, USA
Koutsoyiannis, A. (1979), Modern Microeconomics, Macmillan, London
Salvatore, D. (2001), Managerial Economics, McGraw Hill, USA
Stigler, G. and Boulding, Kenneth E. (Eds.) (1967), Readings in Price Theory, George Allen and
Unwin, USA
CHAPTER 5
LEARNING OBJECTIVES
INTRODUCTION
“It is better for a city to be governed by a good man than by good laws”, so said the Greek philos-
opher Aristotle. Governance by a statesman is indeed far more desirable than that by politicians.
Aristotle was implicitly emphasizing the need for an ethically desirable system of governance by
dedicated statesmen. There is in fact a fundamental difference between a statesman and a politician.
A politician looks for the future election, whereas a statesman looks for the future generation. In
general, a modern-day politician is more like the character of Rhett Butler of Gone with the Wind,
who does not ‘give a damn’ about anything in the public domain. Unfortunately in the present
world, there are more politicians than statesmen. However, good governance is required to carry on
day-to-day administration and achieve a steady and sustainable rate of economic growth, human
84 Business Ethics and Corporate Governance
capability expansion, fairness and justice, reduction in poverty and hunger, and for transferring the
people from the realm of necessity to the realm of freedom. There are many areas of interactions
among governance. However, in the present analysis, we will concentrate only on the involved
ethical issues that connect the related topics. An attempt will also be made in this chapter to discuss
some of the pressing global issues of the contemporary world.
dimensions. Suppose that there is a prohibited area and people from outside are not permitted to
enter the area. If some journalists observe from a distance that somebody is being molested there.
Is it morally right for the journalists to enter the place and save the victim, even if there is a notice
that “Trespassers will be Prosecuted”?. Many experts will opine that it is morally right for the
journalists to do so. But in a similar case, in Puerto Rico (Camp Gracia) in 2000, the court observed
that journalists had no special right of access to the facility not available to the general public and
the violation of the law is not permitted (Day, 2006, p.48).
It is imperative to understand that all moral issues cannot be or are not codified. For instance,
offenders of your sentiments, betrayal by friends, unkind behaviour, insulting words, unilateral
breaking up of long-standing relationships and so on are not legally punished. But in spite of all
these aberrations, most of the times, the basic legal obligations are based on ethical principles.
The best examples are provided by the various clauses and provisions of civil and criminal procedure
codes of any country. However, this does not mean that all moral principles are taken care of by
laws. There are many types of social aberrations like the marriage between two adults even without
the consent of parents is legally valid, and in the same way, the sexual relations between two
consenting adults. But, these are not morally supported activities.
All types of ethical actions may not be governed by law. Generally speaking, laws prescribe the
critical minimum human behaviour but ethical behaviour goes beyond that limited human action
or behaviour. Laws deals with specific and covert human behaviour, but ethics deals with both overt
and covert human behaviour. One of the basic purposes of ethics is to guide and develop the correct
human behaviour. Laws are meant to prevent and control some negative overt human behaviour
which may be detrimental to the person or to the society at large. In the enforcement of laws certain
agencies are necessary; ethical behaviour does not need any enforcing moral agency but it is done
by the free will of the morally conscious person. A person who is a good citizen and obeys laws is
not necessarily a person who is fully ethical.
In many cases, laws are silent about the normative behaviour of a person as a social being, but
ethics may enjoin on him some necessary social obligations. For instance, law does not ask you to
respect your teachers or parents, but ethics wants you to do so. If your next-door brother is dying
of starvation, no law can compel you to help him with food, but ethics will tell you to share your
food with him out of compassion and care. Suppose that somebody from your neighbour’s family
has died today and it is also the birthday of your only child. In this case, law does not prevent you
to celebrate the birthday of your child, but your moral conscience (or ethical self) will prevent you
to celebrate the function with pomp and grandeur.
However, it needs to be noted in this context that all laws made and used in a country do not
smack of morality. Some laws are based on local traditions, customs, habits and necessity. Even
in different parts of the same country, there may be divergent moral practices. This is supported
by the notion of relativist ethics. Indeed, ethics is sometimes relative in character. For example,
differences in religious practices may necessitate different types of laws for people of different faith
and religious traditions. Thus, for a Muslim, it is perfectly ethical to have four wives but it is an
offence in Hinduism. If the same type of law is followed and applied in cases of differences, there
may be the inevitable possibility of conflicts. However, the conflicts need to be contained through
negotiation and cooperation. Laws then should try to promote mutual tolerance and respect for
86 Business Ethics and Corporate Governance
the moralities of different communities. It is the basic purpose of governance to encourage and
sustain this spirit of mutual tolerance and brotherhood. However, an immoral or unethical act is
not always punishable but an illegal act is.
In some cases, it is considered morally right to violate laws. Some of these cases are:
1. Laws can be violated if the law is in contradiction to the moral standard of the society.
2. Laws can be violated if they are against the general cherished feeling of the people.
3. Laws can be violated if such laws are against the higher moral principles involved, or, if there
is any compelling moral obligation to be protected. For instance, if the law asks the citizens
not to visit a country (A) for political reasons, but some citizens find that in that country (A),
human rights are rampantly violated, the citizens of another country are morally right to
violate such a law and should visit the country for protests.
In all these cases, Mahatma Gandhi advocated and participated in Civil Disobedience Movements
(CDM). In the 1960s, Martin Luther King did the same thing. In such a case, the citizens can ignore
the established law of the country if they all of them jointly feel that such laws are morally unjust.
But in order to be legitimate, the CDM must have the following characteristics (Olen, 1988, pp.
33–34).
1. All the participants must strongly believe that the law being enforced by the state is unjust and
immoral, as the salt law in India during the British regime.
2. The protests must be based on non-violence and non-cooperation and non-injury to others.
3. The participants must be prepared to suffer the consequences of such civil disobedience.
4. CDM can be resorted to when all the negotiations and attempts for a peaceful settlement have
failed.
Ideology
Governance is generally based on some cherished ideology. It may be democracy, dictatorship,
communism, socialism, or any other ideology. In fact, people get the type of government that
they deserve. Thus, one type of government is not the substitute for the other. In the contem-
porary world, democracy has found popular favour as the most acceptable system of governance.
However, contestability theory suggests that all systems of governance have both good and bad
points. Democracy is not free from some ethical problems, though many other system, like dicta-
torship, may be morally more unjust.
various types of strategies like log-rolling and pork-barrel politics. Log-rolling is called the
vote-trading in which case X votes for Y’s proposal and Y votes for X’s proposal. Log-rolling
sometimes makes majority voting apparently efficient and is based on the utilitarian principle
and self-interest. The process, however, is ethically wrong. The practice does not really reflect
the majority choice in a natural way. It is contrived and cannot be said to be efficient and
ethically justified.
In order to be in the game of politics, politicians often nurture their constituencies in a
way that is not economically justified. That they will like to see that good projects are located
in their constituencies which are their vote banks, even if the location is unjustified, the
investment is not wise and the whole project may be a white elephant. The cost exceeds the
benefits and the government becomes a loser. Pork-barrel politics can influence government
decisions quite unreasonably with special interest effect. The government may be guided by a
special interest groups (or pressure group) or minority preferences. In the event of economic
loss to the government, the whole society may suffer, and therefore, pork-barrel politics is not
ethically justified.
● Empirical observations show that in almost all the democracies of the world, poverty, inequality
and exploitation are on the increase, and poor and uneducated masses are becoming more
and more vulnerable. Apart from this, one democracy is attacking another for selfish gains,
and international hatred for some democracies is constantly increasing.
● Although the Athenian democracy is supposed to be pure and genuine, it is a fact that it was
rooted in slavery and patriarchy and chauvinism, and the slaves and women did not have
the right to vote (Hoffman and Graham, 2010, p. 109). The present-day democracy may be a
bit better relatively but not in absolute terms. The same class struggle continues still today;
some of these are silent and some are violent.
In the realm of governance, whatever may be the nature of governing mechanism, there are possi-
bilities of sub-optimalities. In a situation where bureaucracy is functioning without much control,
there is a chance of regulatory failure in the area of governance. There are indeed various reasons
for regulatory failures. The first source of this is the conflicting goals of regulations. For instance,
the objectives of equity and efficiency are conflicting in nature. Some other conflicting objec-
tives are: social welfare and profitability, and price and quality of products. Some governments may
often try to over-regulate or under-regulate. In such cases, the result may be more disastrous than
that of a regime of non-regulation. In many cases, the government policy may appear to be good
for the people, but due to corruption among political entrepreneurs, there may be policy failures
mainly due to implementation failures.
Corruption index is very high for India (ranking 70 among 163 countries) as it is in China which
has the same rank (Ghosh, 2009, p. 94). In an analysis of governance in less developed countries
(LDCs), like India, it needs to be mentioned that in India, more economic freedom is necessary
to ensure sufficient job opportunities for the unemployed and underemployed labour force. In
many countries of the Third world, growth is taking place without corresponding expansion in
employment. This is ethically no sustainable growth rate. Secondly, there are less opportunities
for the underprivileged people, women and ruralities in the drama of economic growth. They feel
like defeated winners who have won the so-called political freedom but not economic freedom.
Ethics and Governance: Law, Bureaucracy and Globalization 89
Continued emphasis on quantitative growth rate has increased income inequalities in both
India and China over the years. Gini coeffiecients (a measure of income inequality), were 0.30 for
India and 0.27 for China in the year 1986. But these increased to 32.5 for India and 44.7 for China
in 2004 (see, Ghosh, 2009, p. 28). This shows that income distribution from the rich to the poor has
not remained at the ethically justifiable pattern.
Politics is the game of elections, and the process, the governments experience what is called
political business cycles which are harmful for people. Thus, because of its ideology, one
government might have put more emphasis in eradicating unemployment without caring for
inflation. But this government is defeated in the election, and a new government comes in, the
policy may be completely changed, and the country experiences a new political equilibrium. This
time, the country will experience less unemployment but more inflation as it was neglected in the
past. Thus, the management of political cycles is an important part of governance in any country.
In a country like the United States, the unethical impact of political business cycles (inflation and
unemployment) on the populace of the country is very prominent.
Inflation and unemployment generally occur as a result of political instability which in turn
may aggravate income inequality. Thus, there seems to be a correlation among political instability,
inflation and income inequality. Needless to add, a high degree of income inequality is not only
unethical but is also associated with illegal activities, social instability and unrest. For politically
unstable poor countries, this vicious circle continues unabated.
● Bureaucracy its utility functions that include many variables like salary, power, patronage,
produce output at a point where the MSC is higher than the MSB. Thus, there is loss of efficiency
under bureaucracy. This may result from misuse of inputs, (harbouring surplus labour, feather-
bedding practices, and so on). Very often, under bureaucracy, due to favouritism and nepotism,
labour employment is extended beyond the optimum level. Employment of a large number of
people is regarded as a symbol of power. Bureaucracy also leads to social inefficiency by increasing
the transaction cost of negotiations through rent-seeking and bribery. The transaction cost is very
high and cannot be monitored. The minister and the bureaucrat often are in collusion to divide the
gain.
Rent–seeking is a type of behaviour that may confer on the bureaucrat practicing it, through the
misuse of his official power and position, the possibility of extra benefits, pecuniary or otherwise.
Political agents practice it in exchange of their monopoly rights for granting special favour regarding
licensing, permits, market power, and so on. Rent-seeking is an unethical way of increasing wealth
through non-market forces, often through political market. In such a situation, various pressure
groups use the state to increase their wealth and the political entrepreneurs make some quick
bucks by selling their monopoly rights of control and regulation. Rent-seeking breeds bribery and
corruption, and through these, the private parties try to buy the laws and regulations in their favour.
This is often known as regulatory capture. Rent-seeking is often socially wasteful because it is
not used for increasing real productivity. It creates a situation of monopoly market where output is
restricted, price is escalated and consumers’ surplus is lost.
People now tend to believe that with the introduction of liberalization, India was able to free
the private sector from the clutches of bureaucracy. This perception is not fully true. Arguably and
evidently, during the period of liberalization, bureaucracy in India created many pressure points and
introduced controls at many levels through rent-seeking. In a country like India, automatic clear-
ances are anything but automatic, and people across the business line still now suffer from many
types of bureaucratic pressures.
Global governance has become imperative in the wake of globalization. The concept of global-
ization admits of many interpretations. It may mean universalization of market economy and
relations, globalized accumulation, global dependency and the growth of a world system. Global-
ization constitutes the cross-national flows of investment, capital, goods and resources on wider
scale and rather freely without any constraint. The concept of globalization implicitly presumes the
notion of win-win situation of mutuality of interdependence and gains. Globalization is measured
by (Import + Export)/GDP, or FDI/GDP. The higher the values of these ratios, higher the degree of
globalization.
Globalization has many commonalities with imperialism in the earlier centuries. In this sense,
globalism is not a new phenomenon. Some scholars look upon globalism as an extension and
continuation of imperialism. For instance, British imperialism in the nineteenth century was based
on the accumulation of capital, goods and resources from the colonies. One-third of British capital
formation in the seventeenth century was based on the international slave trade. The Mercantilist
globalization was the exploitation and accumulation of resources through trade and commerce.
The modern system of globalization is different from the old system of globalization in many
important respects. In the past, the resource flows were mainly unidirectional, erratic and crude;
in contradistinction to the earlier system, the recent system of globalization is highly planned,
systematic, subtle and more overwhelming, covering almost all aspects of economic life of the
Third World countries. In such a system, as a matter of fact, there is an increasing amount of depen-
dence on the external flows of resources.
Whereas in the past imperialism, which was based on capitalist ideology, made an attempt to
spread it in the sphere of production in the dependent colonies, modern globalism is an attempt to
globalize capitalism not only in the mode of production but also in other areas such as distribution.
It is an attempt to randomly integrate the less developed countries into the framework of world
capitalism to make them more dependent and to subject them to unequal competition. Because
it is through this process that these countries can be exploited and substantial amount of surplus
can be extracted from them.
However, whatever may be the sources of possible conflicts between modernism and nationalism
of a country; it is essential that all groups, communities and classes of people live peacefully in a
cordial atmosphere. It should be possible in the 21st century to ensure secure places for all people
no matter where they live. The first step is to consider the universality of the human condition, the
reality of life, rather than the universality of the globalized economy. Western capitalism, based
on “the mystique of an idealized Western worldview” was founded on a belief in the capacity of
free markets to bring order and prosperity. Far from creating either, the freedom allowing global
expansion of financial markets based on Western, Eurocentric economic development theories
proved lethal to many national economies, increased global poverty, and contributed to social
conflicts. Compromise between state and the market and between labour and capital was denied.
The separation of human beings into categories (Third World, migrant, economic migrant, refugee,
illegal, skilled, non-skilled, citizens, non-citizens) denies the integration of the human condition.
There has long been a tension between theory and practice of globalization as spread by Western
capitalism and the implications of this on reality of life for large numbers of marginalized people
who are on the move seeking a better life. This is true for Asia, Africa and Latin America.
92 Business Ethics and Corporate Governance
More than a decade has passed since the WTO was established and during this short period,
it has become obvious that the WTO s principal objective of creating a fair and market oriented
global trading system, free from restrictions and distortions, is in reality a threat to the livelihood
security of resource poor farmers and agricultural economy of developing countries. India’s
joining of WTO as a founder member has put Indian agriculture into the framework of global
competition and the rule of the global market. Majority of the Indian population being dependent
on agriculture, the issue has become really important. Within India, the state of Kerala stands apart
(the same is true of many other states) in respect of its sensitivity to changes in the national and
international trade environment. With the economic reforms and commitments to the WTO and
the consequent opening up of the Indian economy, Kerala has been hit hard. Kerala’s exports are
now subjected to the wide volatility of global markets. Imposition by rich countries of import
control, sanitary and phyto-sanitary standards (SPS), environmental and labour standards, safe
guard measures, antidumping measures, reduction in tariffs and quantitative restrictions in strict
adherence to WTO commitments are weakening most of the developing economies exports and
production base. Following the initiation of trade liberalization in farm products, concurrent with
the implementation of AoA (agreement on agriculture) from 1995, India’s agricultural products
have encountered unprecedented price crash. The brunt of this crisis has been borne by farmers
having small and marginal farm holdings, who constitute a major segment of rural workforce.
Their subsistence depends upon favourable market prices. The crisis which arose as a result of the
reform measures has directly affected the livelihood of the farmer households of the state and the
stock of wealth in Kerala agriculture has significantly diminished (for many more instances of how
WTO rules are adversely affecting developing countries, see Ghosh and Guven, 2006).
the developed countries (DCs) and less developed countries (LDCs), but also between the
capitalist and labouring classes in a state. Capitalism is based on the philosophy of production
efficiency but neglects distributional equity. Under globalization, capital will get more and
labour will get less, much less than the value of its marginal productivity. So, there may be
the perpetuation of relative poverty and inequality. The point is substantiated by many
studies (see, among others, Deininger and Squire, 1996).
● In spite of the tremendous increase in production, unprecedented and rapid technological
change and a great increase in the average life expectancy, the world is still characterized by
dramatic inequalities and development failures or even disasters. Income and wealth, far
from converging, remain highly concentrated in few countries and in small, elite groups in
most other countries.
● Unequal competition between DCs and LDCs in various fields of economic activities,
e.g. banking in LDCs, would lead to more harm to LDCs in the form of unemployment,
contraction, recession, and so on. In the face of better technology and capital-intensive
methods of operation of DCs, the LDCs would not be able to compete effectively, and their
income, output and employment will fall. On the other hand, the multinational corporations
(MNCs) will gain substantially. Thus, there would not only be more dependency but also
more poverty and backwardness in LDCs. The unequal competition generated and perpet-
uated by globalism is the most detrimental dimension of this phenomenon for LDCs.
● There would be more exploitation of labour, for the DCs will relocate their production
centres to LDCs for minimization of labour cost, and in the face of the introduction of
high-tech production, labour demand is likely to go down. Thus, there may be proletariani-
zation and immiserization of labour. On the other extreme, due to monopoly-monopsony
relation in the market, surplus value from labour is likely to increase. The MNCs will have
higher degrees of concentration and centralization of capital, and these will virtually
capture the market for capital and consumption goods in LDCs. The free movement of global
capital creates, on the one hand, instability and shocks, while, on the other, discrimination,
and unfair employment practices (often in a race to the bottom). Globalization has had
a huge impact on the deregulation of labour market which is witnessing removal of workers’
protection, lowering of social protection and weakening of labour unions. The labour market
is becoming more and more informalized. There has also been impoverization of workers
as MNCs squeeze them in both the home and host countries. Globalization has escalated the
labour market conflicts and clashes of interest. The unethical practices in the labour market
have rampantly exacerbated.
94 Business Ethics and Corporate Governance
In fact, since the introduction of the idea of globalization in the late eighties of the last century,
the pauperization of workers in the USA and England has intensified, and the living standards
of Eastern Europe have fallen between 30 and 80 per cent. The calorie intake in many LDCs has
also substantially fallen between 1979–80 and 1995–97 (FAO Stat. 1999, as quoted in Ghosh and
Guven, 2006).
● The neo-liberal ideology like privatization and deregulation unleashed by globalism has been
creating many dislocations. Privatization has converted public monopoly into private
monopoly. It has led to excessive price escalations without corresponding quality improve-
ments in many countries; but it has not led to new product development or development of
new productive forces. It has brought about massive transfers of wealth from the public sector
to the rich private capitalists. It has unnecessarily absolved the public sector of its respon-
sibility towards social reproduction. It is no wonder, therefore, that the World Bank has
declared public health not as a public good but as a private good.
● Capitalist free market principle propagated through globalization is not able to eradicate
crisis. As a matter of fact, a capitalist economy is prone to have periodic recessions and
crisis. Evidently, the inflow of capital in the absence of well-regulated and well-disciplined
capital markets may create havoc in LDCs. The Asian crisis in the nineties of the last century
is a case in point. Nevertheless, under such a situation, the global players can bring home their
capital safe or even with some speculative profit but the domestic economies of the affected
countries are in peril.
● Globalization reduces the power of the state to borrow from international organizations,
reduces the revenues from tariffs and has made the state more indebted. Therefore, the power
of the state has considerably declined during the period of globalization, and it had to set aside
many welfare-oriented programmes meant for the poor people in the domestic country.
● The weak states in LDCs cannot pay subsidies to poor farmers to make their compet-
itive in the world market. Globalization of agricultural markets has raised new food security
dilemmas for developing countries where dumping and cheaper export by food MNCs
has jeopardized the growth of domestic agriculture and thus pauperizing a large number of
farmers, many of whom have committed suicides in India. On the other hand, LDCs are losing
their own food securities at a very fast rate.
Globalization is likely to give rise to unequal competition between DCs and LDCs where the
latter would be adversely affected. Thus, it would be better for the LDCs not to be carried by the
Western slogan of globalization. It would be necessary to slowly open their economies for deregu-
lation and liberalization. Behind the philosophy of globalization are the immense possibilities of
exploitation of cheap and innocuous resources of LDCs: high quality manpower, skilled and semi-
skilled labour, natural resources and the environment of LDCs which are priced much lower than
the average world market price in such countries. The race to the bottom goes hand in hand with
globalization. Globalization, after all, is a neo-colonialist strategy devised to extract surplus by the
West from the rest.
Globalization may not experience any bloody clashes anywhere but there will be a deep and
sustained undercurrent of popular dissatisfaction among the common people of LDCs, who are
alienated and defeated. The superimposition of global reality in the context of traditional or
Ethics and Governance: Law, Bureaucracy and Globalization 95
conservative actuality in many LDCs immediately creates clashes of interests that give rise to
different forms of protests including Islamic resurgence and many other types of regional
insurrections.
Multinational Capitalism
There is a great controversy regarding the real role of MNCs. Some are of the opinion that they are
boons, while others stress that they are a curse. But all admit that they are realities of the present day
international economy, and that they have come to stay on and cannot be wished way.
Admittedly, with the conflicting ideologies, the world has reached at a stage where a few hundred
MNCs dominate the world economic scene. Hence, all of us are constrained to nurture an attitude
and adopt a policy towards them—either the attitude of reception or that of repulsion. The people
and masses of the developed and also of underdeveloped countries have been vastly and deeply
affected by the activities and operations of the multinationals. The entire globe has been encom-
passed and brought within the pale of their operations.
MNCs have established complete domination in industries like rubber, tyres, oil, tobacco,
pharmaceuticals and motor vehicles. They are particularly strong in consumer durable and capital
goods industries. The total output of the MNCs has been estimated to be growing at the rate of
10 per cent per annum. At this rate, by the end of 2020 A.D., 200–300 of these global giants will
account for 50 per cent of the world output. Multinationals are multinationals only in name. They
are very much national in outlook and character. According to the U.N.O. Report (1973), there are
650 giant MNCs and they had combined turnover worth 773 billion dollars a year. The LDCs are
virtually their debtors.
Developing countries consider industrialization as the means of reallocating resources, improving
productivity and achieving rapid economic growth. What the developed countries have and the
backward countries lack is modern science and modern technology. The problem of developing
the poor countries is, therefore, the problem of establishing modern science and transforming their
economies to one based on modern science and technology. Introduction of advanced technology
is vital and may require organized innovation to keep it productively employed. It is now univer-
sally believed that development requires technical progress, capital accumulation and capital aid
to finance. Capital import does not necessarily guarantee technological progress. Possession of
superior technology provides the MNCs with one of the strongest incentives to grow larger and
spread their operations more widely. This is also one of the important sources of their market
power. They increase production at a cheaper rate. They provide better and cheaper inputs to other
industries, and thereby they play crucial role in the process of economic development.
character, and concentration of economic power. There is also a widespread apprehension about the
dangerous consequences of power economies of MNCs joining hand with power politics. It tries
in many ways to exploit the LDCs.
MNCs are considered unethical because of the following reasons:
● Instead of helping the LDCs with capital, every year, MNCs are engaged in sending out
dividends, profits, technical fees, royalties and other income from the host country to their
own countries. This creates an unfavourable impact on the balance of payment of the
domestic economy.
● In the true sense of the term, the MNCs do not really transfer technology to the host country.
They only part with outdated, expensive and inappropriate technologies. Thus, no real techno-
logical gain can be obtained by the host country from the MNCs working there.
● Many of the MNCs are engaged in the separation of rival industries in the host country.
In some cases, these corporations buy these weak and small enterprises and try to build up
a business empire. This leads to concentration of more economic power and monopolistic
behaviour. This is regarded by many as a form of neo-imperialism in modern times.
● With the enormous money power, many multinationals try to interfere with the domestic
internal affairs of the host country. In many cases, the MNCs were responsible for political
disturbances and regime change.
● The MNCs introduce products which are disturbing in many cases the cultural and tradi-
tional value system of the host country. For instance, the food habits of the young generation
of many countries are distorted by Coke culture. Many of the French singers and musicians
have complained that their traditional music system is disturbed and overpowered by the
cheap American Pop songs. Thus MNCs are spreading cultural neo-colonialism in devel-
oping countries.
● The MNCs are engaged in intensifying unfair competition in the host country. They buy
small enterprises, and therefore, many of the small enterprises and businesses are being
wiped-out in the poor developing countries. As a result of the competition from the MNCs,
the poor business enterprises have to go out of business.
● MNCs are trying to create market leadership and distorting market rules. Once they have
gained sufficient market power, they try to control the market by either increasing prices,
reducing competition or decreasing the level of output.
● The MNCs do not care about the economic growth and development of the host country.
They invest more and more only in those sectors and areas which are profit maximizing.
Therefore, in many cases, national priorities are not adhered to by the MNCs.
● In recent years, many researchers have come to observe that MNCs in developing countries
are engaged in what is called the practice of race to the bottom. This shows that they are
reducing the pay structure of unskilled and manual workers in their own enterprises. Since
these workers do not have enough bargaining power and are not properly organized, they
cannot protest against such a policy of the MNC.
The impact of MNC is thus a mixed one. There are some good points and there also some bad
impacts of multi-national corporations in the host country. The critical issue is how to control the
MNCs through the formulation of suitable policies, and the attitude of the government towards
Ethics and Governance: Law, Bureaucracy and Globalization 97
MNCs. In some countries as in China, the MNCs are given free hand in hiring and firing of
labour. Therefore, the government policy is not in favour of the working class. However, in a
democratic country like India, there must be ways and means to control the MNCs.
Technology Transfer
Another story of the MNC-led globalization is the so-called transfer of technology. Technology
supplied to LDCs is either too sophisticated to adapt or too obsolete to reduce the cost of production.
Thus, most of the technology transferred to the LDCs is not appropriate. LDCs may be more harmed
than helped by inappropriate products as well as inappropriate techniques and products are not
consistent with the requirements, standards and income levels of these countries. LDCs had better
develop their own technology and products suitable for their own circumstances. Imported large-scale
capital intensive technology is not necessarily better than indigenous small-scale labour-intensive
technology in LDCs for maximizing employment in LDCs, although with low productivity. The
imported technology may be not only inappropriate but may also kill the initiative and innovative
enterprise. In LDCs, the local conditions may be such that foreign technology may not be produc-
tively absorbed. However, some amount of importation of technology at a stage cannot be avoided,
for the purchaser may not be able to develop the technology at all, or it may be too costly to develop
it. But be that as it may, the bargaining power of the buyer in LDCs being low, the cost of technology
acquisition becomes pretty high. The price the LDCs have to pay to the technology supplying DCs
is really prohibitive. There are various types of technologies, e.g., technical assistance, license of
a patent, know-how embodied in intermediate products and machinery. Each of these technologies
has different alternative price and is associated with different degrees of obligations, dependence
and implications. The LDCs very often do not know as to what type of technology import would
be best for them.
Foreign investment very often produces once-for-all change in technology which after sometime
becomes fossilized or frozen. The technology does not also remain flexible. In LDCs, the people
are tradition-bound and do not generally favour the introduction of sophisticated technology, which
is not only costly but also requires skilled and technical personnel for its application. LDCs are
proverbially capital-shy and the level of human capital formation is also low in such countries.
However, Western juggernaut technology may not be useful everywhere. Technology transfer is
very likely to being in its wake, technological domination by and dependence on the foreign
countries. The MNCs not only ask for high price for the transfer of technology but also want to
keep control over the technology so that the competitors cannot get to it. Sometimes the govern-
ments of the LDCs are under the false impression that only imported technology furthers the cause
of national development. It is not often realized that the development of the strategic sectors or
industries by imported technology may be dangerous in the long run.
There are two basic divergences creating friction between exporters and importers of technology.
MNCs consider technology as an expensive commodity having shorter life. So they must sell it at
a high price. The LDCs, on the other hand, contend that research and development of technology
conducted by MNCs is amortized in their home countries. Hence, the technology that is to be trans-
ferred should be modestly priced. Another area of conflict is the desire of MNCs to extend control
98 Business Ethics and Corporate Governance
over the transferred technology. This is not wanted by the LDCs. The MNCs portray themselves as
the vectors of technological salvation. But one can question whether the imported technology
is best suited to abolish mass poverty. Evidently, technology transfer has increased inequalities
in LDCs and is not efficient. In case technology is imported by LDCs, it needs to be regulated and
assimilated to suit the local needs.
Summary
There are many areas of interactions among governance, bureaucracy and law. There are both
natural laws and positive laws. Natural laws are in congruence with ethical principles. Some laws
are based on natural laws, and politics and go together for quite a distance. Almost all civil and
criminal laws follow the principles of ethics. However, some laws are Draconian and inhuman.
Laws are obeyed because they are supposed to maximize social welfare an order in a society. One of
the best example is traffic laws and rules. There is a nexus between law and morality in most of the
cases. However, it must be understood that all moral issues cannot be codified. All types of ethical
actions may not be governed by laws. Laws prescribe the critical minimum human behaviour, but
ethical behaviour goes beyond that limited human action. In many cases, laws are silent about the
normative behaviour of a person but ethics may enjoin on him some necessary social obligations.
Ethics is relativist in character and same type of laws cannot be followed in the case of different
communities. The basic purpose of governance is to encourage the spirit of diversity and mutual
tolerance. If the law is ethically unjust, it is morally right to violate laws.
Governance is not the same thing as management. Governance is effected through certain rules
and regulations. Good governance is based on transparency and accountability. It must ensure justice,
fairness and equality. However, people get the type of government that they deserve. Democracy,
though regarded as the best type of government, has many types of ethical issues including, delays,
minority problems, implementation failures, and so on.
Bureaucracy has a special role to play both in formulating and implementing policies. Bureau-
cracy leads to inefficiency, delay, rent-seeking practices and regulatory failures. The opening up
of the Indian economy in the early 1990s did not fully free the private sector from the clutches
of bureaucracy. However, the MNCs have been found to be indulging in many types of unethical
practices including.
The process of globalization introduced since the early 1980s needs global governance. Global-
ization has many commonalities with imperialism. It is ethically questionable because it intensifies
economic inequalities, unequal competition, exploitation of ordinary labour, weakens the power
of nation states and the like. Neo-colonial globalization is based on the market philosophy and it
is dominated by MNCs. However, they indulge in various types of unethical practices including
concentration of more and more economic power, creating political disturbances, intensifying unfair
competition, distorting market rules, creating cultural neo-colonialism, and so on. MNCs claim that
they transfer technology to developing economies. To some extent this true, but the technology is
very obsolete, expensive and they still retain some controls. MNCs never transfer new and novel
technology. In some cases, the technology is not suitable to these developing countries. The techno-
logical domination and dependence still continue in these days of globalization.
Ethics and Governance: Law, Bureaucracy and Globalization 99
Key Terms
Globalization Regulatory Failure MNCs
Relativist Ethics Democracy Rent-seeking
Rule of Law Corruption Index Technology Transfer
Regulatory Capture Political Business Cycles
Review Questions
1. Clearly bring out the relationship between law and ethics by suitable examples.
2. Why is democracy ethically bad?
3. Explain the ethical issues involved in globalization and global governance.
4. Explain with examples some unethical practices of MNCs in less developed countries.
5. Why is globalization considered as ethically undesirable? Explain fully.
Ethics and Governance: Law, Bureaucracy and Globalization 101
Web Links
1. http://www.cvc.nic.in/vcrktalk.pdf [Ethics and Governance]
2. http://www.moller.ca/subsite2/Writings/Documents/ETHICS.pdf
[Bureaucracy versus Ethics]
3. http://www.vicnapier.com/MyArticles/OrgDevPapers/ethics_of_bureaucracy.htm
[Ethics of Bureaucracy]
4. http://www.hbs.edu/centennial/businesssummit/business-society/ethics-in-globalization.pdf
[Ethics in Globalization]
5. http://homepage.mac.com/haroldsjursen/GlobalEthics.htm
[Globalization and the New Challenges for Ethics]
References
Arrow, Kenneth (1951), Social Choice and Individual Values, Yale University Press, New Haven
Day, Louis Alvin (2006), Media Communication Ethics, Wadsworth (Cengage Learning), New
Delhi
Deininger, Klaus and Square, Lyn (1996), A New Dataset Measuring Income Inequality, World
Bank, Washington
Ghosh, B.N. (2009), A Tale of Two Economies: Development Dynamics of India and China, Nova
Science Publications, New York
Ghosh, B.N. and Halil Guven (2006), Globalization and the Third World: A Study of Negative
Consequences, Palgrave-Macmillan, London and New York
Ghosh, B.N. (2001), From Market Failure to Government Failure, Wisdom House, Leeds
Hoffman, John and Graham, Paul (2010), Introduction to Political Theory, Pearson, New Delhi
Mackie, J.L. (1990), Ethics: Inventing Right and Wrong, Penguin Books, UK
Olen, Jeffrey (1988), Ethics in Journalism, Prentice Hall, NJ
Schumpeter, J.A. (1947), Capitalism, Socialism and Democracy, Harper, London and New York
CHAPTER 6
LEARNING OBJECTIVES
INTRODUCTION
In Victor Hugo’s celebrated novel Les Miserables, the bishop liberates the convict Jean Valjean and
gifts him two candlesticks besides the silverware that the convict had stolen. The bishop also lies to
the police in order to save the convict. Such is the nature of compassion and care. To some, whilst
this compassion is a temporary effusion of a kind soul, care is a more permanent mental attitude
and involves preoccupation with the near and dear ones. Although human beings are essentially
selfish in nature, qualities like altruism and doing good to others usually belong to their second
order disposition. Care for others, particularly to one’s own people, parents and members of the
family grow out of an instinct implanted in man by the nature. Care, compassion and love are
Ethics of Care and Compassion 103
interconnected categories and all these qualities are determined by and arise out of natural love.
Love is the most important and decisive factor involved in the generation and sustenance of care.
Care can also be exoteric in nature and, in some cases, temporary or for a limited period of time.
Thus, one may take an unknown victim of a road accident to a hospital and spend time and money
to look after him until he is discharged. This type of care can be called Exoteric Care and is shown
to people outside the domain of family and friends. Exoteric care can also be about a community or
a tribe. In this case, a person takes pride in or takes care of his own community. This care is called
Communitarian Care. It arises out of compassion and kindness and serves the people at large
irrespective of caste, colour, creed or religion. It is a manifestation of a kind of love in the mind of
the person who takes care. It transcends all the narrow boundaries of family, country and friends.
When a person’s mind is very broad and considerate, he is encouraged by the divine quality of love,
care and compassion and to such a man the whole world is his relative. It is rightly said:
“Udar Charitanamtu Vasudhaivo Kutumbokam”
(To a broad minded person, the whole world is kith and kin.)
As said earlier, care arises out of love and love transcends every boundary or limit. Thus, when
a stranger is loved, he no longer remains a stranger; he becomes an object of love and, therefore,
deserves care and compassion. Thus, there is no fine line of demarcation between the esoteric and
exoteric care. Over the course of time, the exoteric domain mingles into the esoteric domain if the
relationship is sustained and nurtured. In the similar way, with the changing matrix of personal
relations, the esoteric relations may degenerate into an exoteric category revealing less affection,
love, care and compassion.
National Health services for a negotiation to deliver HIV vaccines for the HIV patients in India.
The vaccines can save the lives of thousands of HIV patients. The mission is on its way to Somalia
and the delivery of the vaccines has to be effected exactly at 10 am which is the appointed time.
Your mother has been ailing for quite some time and she is hospitalized now. You have received a
call from your relative a few minutes before 10 am, asking you to come to the hospital immediately
to see your mother who is in a serious condition and may die any moment. The utilitarian ethics
will advise you not to attend your mother but to take the delivery of the HIV vaccines which can
save thousands of lives. This will bring the greatest good of the greatest number in lieu of the death
of only one person. In a situation like this, no theory of ethics can serve the best purpose except
the ethics of care. In fact, it is rightly pointed out by Velasquez that utilitarianism is a perverse and
mistaken theory (Velasquez, 2009, p.103).
Apart from this, the utilitarian ethics calculates the consequences with reference to a finite
horizon. Such a calculation is often incorrect, particularly so if one takes into account the perspective
of “other life” as enshrined in the Hindu philosophy. The point will be elaborated a little later (see
the section on Why Do We Care?).
Care ethics is above and beyond any cognitive theory of justice and ethics. Since care comes out
of love, it conquers everything, transgression and inequity. The Bible rightly says:
“For God will not show mercy when he judges the person
who has not been merciful; but mercy triumphs over judgment.”
(James 2: 13)
This is the true nature of the ethics of care; mercy comes out of compassion, care and love. When
you care for the poor people, the Bible promises that you will be blessed by the God.
The Bible here illustrates the ethical duty of an ideal God-fearing person. This is indeed an
uncanny duty, not even thought of by any consequentialist. The last sentence of the above quotation
from the Bible of course smacks the consequentialist philosophy, but not the first part. Many theories
of justice do not really bring the practice of care ethics inside their analytic umbrella. Nozick’s
libertarian theory of justice considers any redistribution of income from the rich to the poor as an
unwanted and unjust one, if such transfer of income is not voluntary.
However, the satisfaction of the needs of the poor is an important part of the ethics of care.
Though not all the theories, the socialist theory of justice comes a long way towards the ethics of
care. Under socialism the payment is based not on contribution but on needs. To supply the needs of
people is equivalent to taking care of them. The Rawlsian theory of justice with its special emphasis
on the difference principle makes a provision to give something extra to the poor people so that
they can take care of themselves.
In the capitalist principle of justice, payment to the labour is based on the contributions of labour.
If the contribution is low, he gets low wages. There is no scope for care in such a situation, even if
the need for more is genuine. The equity principle of justice is also silent about the special needs
of people to take care of their families and loved ones. Most of the theories of justice are thus
inadequate and cannot supersede the ethics of care and compassion.
development is very close to that of Kohlberg and Gilligan (Dienhart, 2000, p. 104). Midgley
assures us that natural affection for family and friends plays a major role in the development of care
and compassion. The centrality of this theory is, however, denied by philosophers like Epicurus and
Rand, it remains unchallenged that care comes from the fact we value some people in the whole
mosaic of our myriad relations in this world. The imputation of values to some special people is
not because of our material benefits or gains, but because of our instinct and voluntary choice and
preference for whatever the underlying reason may be.
separated in the form of a gender division of labour. Very often, men are entrusted with the activities
concerning public affairs, government assignments and running of business. On the other hand,
women are mostly entrusted with softer jobs at home and to look after family welfare, take care of
relationships with family and friends, and so on. This assigns different roles to the males and the
females in a society.
However, a society cannot assign the care based reasoning alone to women and justice based
reasoning exclusively to men. Friedman argues that the spheres of pure justice and pure care are
too limited and undefined to be finely compartmentalized to solve many of our day-to-day practical
problems. We need care in many situations where justice is a major concern, and care can become
an important issue in a case involved with justice. Thus, Friedman advises us to integrate justice
with care for the best possible result.
Friedman in this context speaks about the following three types of Justice:
1. Distributive Justice
2. Corrective Justice
3. Institutional Justice
Distributive Justice
According to her, distributional equality in the matter of distribution of property, assets and wealth
among the members of a family is unjust, if one of the members is doing most of the work than
others to maintain the family relationship and contributing maximum to the growth of the family.
As a matter of fact, many studies in India and abroad show that women suffer most from this type
of distributive injustice. It is a common sight in an Indian joint family system that after the distri-
bution of food to the adults and children, women eat whatever is left.
Corrective or Retributive Justice
Very often, a personal relationship stands in the way of corrective injustice in a family. A person in
the family may constantly impose harm to another or cause injury to others but he goes scot-free.
In an ideal situation, the wrong-doer should regret and change his behaviour so that this type of
transgression may not happen in future. However, this does not happen in most of the cases, and
women remain the most vulnerable.
Institutional Justice
Institutional justice is based on an integration of care, corrective justice and distributive justice. For
a family, institutional justice is necessary to properly groom the young children in a just way so
that a healthy family relationship and a regime of caring and sharing can be established. A family
is living in a just way with the necessary care and compassion only if both, the most vulnerable and
the most independent (physically or financially strong) members live the best possible life through
affection, care and sacrifice.
In this context, Friedman makes the following observation:
Friedman believes that it is a very dangerous idea to relegate the role of justice in the personal
relationships in a family to the background. It may lead to violence, injury and many types of
aberrations in the family life. Justice is also necessary for a better and more meaningful group life
as it promotes a congenial relationship among the members and creates a suitable environment for
the full development of their potentials. In such a situation, many types of conflicts can be resolved
without compromising with group values and ethos.
In the public life and reform measures, there is an utmost need for integrating care with justice;
otherwise, there may be negligence and distributive and corrective injustice.
WHY DO WE CARE?
We care for a person or a group of persons for many intrinsic reasons, some of which are discussed
below:
1. To love others and care for others, in particular our loved ones is a natural human instinct.
Care comes out of affection and love, and love means sacrifice without any expectation.
2. Natural religion (deism) or justice demands that one should take care of those who are
dependent on you, because they are helpless and have no other person to care for them.
3. Since compassionate behaviour requires a relationship with the others, a compassionate
person will develop new and noble relationships with many persons and their families and
110 Business Ethics and Corporate Governance
friends which will guide his noble behaviour throughout his life. In this way, his faith and
commitment to compassion and care will be deep-rooted.
4. Sometimes, care is based on security. Parents give security to their children in their young
days, so children are naturally indebted to them, and they try to pay that off to some extent by
caring for them in their needs. In the same way, parents may care for children and rear them
up with the hope that they will give them security when they become old and helpless. Care
gives reciprocal security and love, although it can exist even without the need for security.
5. Care gives us a rare sense of happiness, mental peace and satisfaction. If we do not care about
others, we do not get the taste of that unusual sense of happiness.
6. In the Buddhist philosophy, desire is the source of all unhappiness, and compassion is the
natural antidote to desire. Compassion is followed by care. Compassion can also be an
antidote to suffering. For instance, if a person is suffering from financial loss, he may find that
his suffering and the pain due to that will be significantly reduced when he observes the plight
of war victims who have lost everything including their families, property, possessions and
communities (Gruzalski, 2000, p.68).
Once a mother came to Buddha with her only child who had died. She was crying bitterly
and asked Buddha why God has taken away the life of her only child. Buddha said to her “I
will give you the answer, first do what I say. Go to every family far and near and get me some
mustard seeds only from that family which has not so far experienced any grief due to death”.
The mother visited many families but could not find a family untouched by death. She told
this to Buddha and came to know from him that death is natural and everybody must die.
Then she consoled herself thinking that she is not the only sufferer but one of the victims.
This helped her to trivialize her agony and pain. In the Buddhist literature it is acknowledged
that:
The Bhagvad Gita has described the attributes of a person of a godly nature in the following
words:
Many of the qualities of those persons who practice ethics of care are common with those of
divine nature (see the italicized words).
However, according to the utilitarian ethics, care is justified when benefits from care exceed the
cost of caring. Apparently, caring involves only costs which are monetary, physical and in terms of
time. Thus, as we have explained earlier, the utilitarian theory cannot justify care ethics as the cost
is higher than the benefits. However, it needs to be mentioned that the cost-benefit calculus (CBA)
used in the utilitarian theory is to be appreciated in terms of real cost and real benefit.
Human rationality implies that an individual usually undertakes a venture where the benefit is
greater than the cost. In ethics, the cost-benefit calculus is to be appreciated intrinsically in terms of
the real cost and the real benefit. Real benefit means moral benefit or progress, and real cost involves
moral degradation. Thus, individual rationality will involve an action where moral cost (or for that
matter any cost-psychic or monetary) is offset by moral benefits. This makes sense when it is under-
stood that every individual has its own subjective basis for calculation. The expected benefits are
explained in terms of rewards from the God either in this or in the next life. A good work consistent
112 Business Ethics and Corporate Governance
with the ethico-moral categorical imperatives is always rational in the metaphysical sense as the
benefits are several times more than the cost.
The unknown future value of benefit is generally greater than the present benefit. Similarly,
future cost (punishment by God) may be greater than the present cost. This is so because cost and
benefit are cumulative in nature. For instance, the metaphysical cost of say astea (stealing) will be
very high when considered in terms of punishment in this world along with the added punishment
by the God in the next world. Metaphysical rationality demands that the cost-benefit approach
(CBA) must be interpreted in terms of futurity. For actions that are not morally justified, the future
value of cost (FVC) will be greater than the present cost; and for a morally just work, the future
value of benefits (FVB) will also be higher than the present benefit. Thus, what is more relevant in
the CBA analysis in the case of ethics is not the calculation of the present values of benefits and
cost but their future values. Such a calculation is based on individual valuation and also on the
punishment prescribed in the scriptures in some cases. Cost and benefit will have to be measured
in the ethical scale of reward and punishment; therefore, the expected value of benefit and cost is
more important than current cost and benefit.
Ethics speaks more about normative rational behaviour than actual worldly rationality. The
calculus of the present value of cost and benefit to take rational decision may not guide an ethically
rational person as a moral person, but rationality ultimately depends on the values and norms of life.
A person who is ethically rational may not be rational in the material sense.
One important point to note in this connection is that the rational behaviour is always supposed
to be manifested in the actual behaviour of human beings in all their overt and covert actions. A.K.
Sen has, however, argued that the implicit assumption that the actual behaviour is the same as the
rational behaviour is not necessarily correct (Sen, 1987, p.11). As a matter of fact, it is very essential
to explicate the content of rational behaviour, particularly because rationality may be expressed in
many alternate behavioural ways. For instance, for a person guided by morality and ethics, serving
a sick person or caring for an ailing mother is more rational than a life of pleasure and enjoyment.
It needs to be emphasized that the conceptualization of rationality and its related cognates in an
objective way is really very difficult.
Parkinson’s disease. The person is more likely to show more favour to his own mother than his
mother-in-law in the matter of distribution of care in spite of the fact the stage of the disease
in the case of the mother-in-law is more advanced.
5. The urge for care taking is a function of mind. For instance, two sons may not be equally
prepared to care about their parents at an old age. Care ethics has no legal standing in the same
sense in which utilitarianism and deontology seem to have. Care ethics cannot and is not yet
made operational through enactments, policy and legal codes. It is entirely voluntary.
It is to be noted that the ethics of care is of a special genre that goes beyond the cognitive theories
and principles of ethics. It is embedded in the principle of renunciation and love, and even in a poor
country like India, one can witness an overwhelming number of organizations of ethical care, and
the number is increasing every year. Some of the renowned ethical care organizations in India are
listed below.
● Ramkrishna Mission (Throughout India)
● The MNB Industrial Home for the Blind [Jogeswari (W), Mumbai]
● Juvenile Homes
● Association for the Care of the Aged (Kerala)
● Animal Welfare Organization (Baroda)
● National Thalassemia Welfare
● Share and Care Children’s Welfare Society
● Affus Women’s Welfare Association
● Astitwa Welfare Society
● Prayas Social Welfare Society
● Ladies Welfare Society Hospital
● St. Paul’s Educational and Welfare Associations: Orphanages
● Faith Welfare Society
● Indian Tiger Welfare Society
● Plant and Animal Welfare Society
● AIDS Control Society (Tamil Nadu)
● Family Welfare Schemes
● Senior Citizens Welfare Society
● Child and Women Care Society
● Human Care Foundation (Delhi)
● Circles of Animals Lovers (Mumbai)
● Senior Housing in India (Delhi)
● Spastic Society of Tamil Nadu
● Saaral Social Service Society
● Tamil Nadu Corporation for the Development of Women
Summary
Love is the most important and decisive factor in the generation and sustenance of care. Care is the
second-order human disposition. Care ethics is based on the philosophy of reversibility, i.e. if you
care for others, you can expect that others will care for you. “Do unto others as you would have
them do to you” is a religious dictum. Care primarily depends on the nature of a relationship. The
deeper the relationship, the more intense is the care. Care may be esoteric (for one’s own people)
and exoteric (for others). There may be care for one’s own community (communitarian care). This
care grows out of compassion and kindness. There is no fine line demarcation between esoteric
and exoteric care; in the course of time, both may mingle together. In fact, for a very broad-minded
person, the whole world is kith and kin.
Of all the theories of ethics, care ethics seems to be the best. This is so because all other principles
of ethics have their circumstantial limitations but care ethics has no such limitations. Care ethics
is above and beyond any cognitive theory of justice and ethics. Care conquers everything, every
transgression, and inequity. The Bible says that in spite of all sins of human beings, Jesus loved
people around him, forgave them, and did miracles to heal them up. He took all the sins and curses
of all and died for them just because he loved and cared for them.
Ethics of Care and Compassion 117
Some theories of justice, like the socialist theory and the Rawlsian theory, do propagate the virtue
of care and compassion. Carol Gilligan believes that care, love and morality all arise out of special
relations affections which are more in accord with female psychology. In the same way, Mary
Midgley also observed that morality begins and grows with our natural affections for family and
friends. Net Noddings gives more emphasis to the intimate relationship for care and compassion.
Marilyn Friedman is of the view that ethical principles of care must be integrated with those of
justice. It must be conceded that justice focuses more on values, principles and abstract rules, but
care specifically focuses on personal relations and does not care much about codified rule.
Our care may be based on love, a sense of happiness, natural human instinct, natural religion or
even a sense of gratitude and security. It gives us an opportunity to pay off our debts (especially to
our parents). According to the logic of the utilitarian theory, care is justified when the cost of care is
lower than the benefits from care. This is a very narrow interpretation of the ethics of care. In such
a case, care becomes a sort of business and goes beyond the realm of ethics.
Many business companies are involved in the ethics of care irrespective of the volume of profit.
Care does involve some costs, and there may be a conflict between personal care and impersonal
care. Care very often does not break any rules or regulations. However, it needs to be borne in mind
that too much care for a person creates the problem of moral hazards and he becomes more and
more dependent on others. Care may also give rise to the problem of inequality, discrimination and
injustice. If you are a doctor in a hospital, you may care more for your relatives and friends but may
neglect others. Care is voluntary and is based on love, sacrifice and compassion. There are many
organizations for care and compassion even in a poor country like India, and the good news is that
the number of such organizations is gradually increasing every year.
Key Terms
Theory of Reversibility Nel Noddings’ View of Care Positive Externality
Mary Midgley’s Theory of Marilyn Friedman’s Moral Hazards Problem
Care Interpretation of Care
(ix) To love others and care for others is a natural human instinct.
(x) Institutional justice is based on the concept of corporate governance.
2. Fill in the blanks
(i) The ethics of care is based on _____________.
(ii) Basically there are two broad domains of care namely ___________ and ___________.
(iii) Utilitarian ethics is basically concerned with ______________________ or the welfare of
majority of population, but it _____________ the welfare of the minorities.
(iv) _____________ gives more emphasis on the intimate relationship for care and
compassion.
(v) A family is an organization of _____________ where the contribution of each member
remains essentially unequal.
(vi) _____________ justice is based on an integration of care, corrective justice and distrib-
utive justice.
(vii) The Bhagvad Gita alludes to the _____________ care for the people, when it points out
“….those who have conquered themselves and those who have engaged themselves in
working for the good of others become one with Brahma”.
(viii) There is often a conflict between _____________ care and _____________ care.
(ix) All ethical axioms such as love, care and compassion are like public goods having a very
high degree of _____________.
(x) Care gives us an _____________ to pay off our _____________ to our near and dear ones
who might have helped us or cared for us in many situations of our lives in the past.
3. Choose the correct option
(i) A family is an organization of
(a) Conflicting cooperation (b) Distributive cooperation
(c) Both (a) and (b) (d) None of these
(ii) The justice which is based on an integration of care, corrective justice and distributive
justice is
(a) Distributive justice (b) Institutional justice
(c) Retributive justice (d) None of these
(iii) Who gave more emphasis on the most intimate relationship for care and compassion?
(a) A.K. Sen (b) Marilyn Friedman
(c) Nel Noddings (d) None of these
(iv) Who is of the view that the ethical principles of care must be integrated with those of
justice?
(a) A.K. Sen (b) Marilyn Friedman
(c) Nel Noddings (d) None of these
(v) From whose analysis can it be analysed that morality can be considered as a set of conflict
resolution strategies that preserve and perpetuates the family or a group relationship?
(a) Marilyn Friedman (b) Nel Noddings
(c) Mary Midgley (d) A.K. Sen
Ethics of Care and Compassion 119
(vi) Who has argued that the implicit assumption that the actual behaviour is the same as the
rational behaviour is not necessarily correct?
(a) Mary Midgley (b) A.K. Sen
(c) Marilyn Friedman (d) None of these
(vii) By CBA, we mean
(a) Cost–Benefit Approach (b) Care–Benefit Approach
(c) Care–Behaviour Approach (d) None of these
(viii) FVB is otherwise known as
(a) Fixed Value of By-products (b) Future Value of Benefits
(c) Both (a) and (b) (d) None of these
(ix) Cost and benefit will have to be measured in the
(a) Ethical scale of reward and punishment
(b) Measurement scale of cost and production
(c) Likert scale
(d) None of these
(x) When exoteric care is about a community or tribe, then it can be called
(a) Marginal Care (b) Communitarian Care
(c) Peripheral Care (d) None of these
Review Questions
1. Critically examine the feminist theory of care.
2. Why is it necessary to integrate care and justice?
3. Why do we care for others?
4. Distinguish between esoteric care and exoteric care and bring out their important character-
istics.
5. Is there any nexus between care and relationship? Explain.
6. Why is the theory of care called the best principle of ethics?
Web Links
1. http://assets.cambridge.org/97805218/56867/excerpt/9780521856867_excerpt.pdf
[Feminist Theory]
2. http://en.wikipedia.org/wiki/Feminism [Feminism]
3. http://en.wikipedia.org/wiki/Ethics_of_care [Ethics of Care]
4. http://www.utilitarian.net/singer/by/199812--.pdf
[Reconciling Impartial Morality and a Feminist Ethic of Care]
5. http://ftp.iza.org/dp5076.pdf [Hedonic Wage Equilibrium: Theory, Evidence and Policy]
6. http://www.sagepub.com/upm-data/10977_Chapter_6.pdf
[Feminist Ethics and Counselor Decision-Making]
7. http://www.csus.edu/org/wpsa/pisigmaalphaaward.pdf
[Can Care Ethics be Institutionalized ...]
120 Business Ethics and Corporate Governance
References
Dienhart, John W. (2000), Business, Institutions and Ethics, Oxford University Press, New York,
pp. 102–110
Friedman, Marilyn (1987), “Beyond Caring: The De-Moralization of Gender”, Canadian Journal
of Philosophy, Vol. 13, pp. 87–110
Gilligan, Carol (1982), In a Different Voice: Psychological Theory and Women’s Development,
Harvard University Press, Cambridge, MA
Gruzalski, Bart (2000), On the Buddha, Wadsworth, Cengage Learning, Australia
Kidder, Rushworth, M. (1995), How Good People Make Tough Choices, William Morrow,
New York
Midgley, Mary (1991), “The Origin of Ethics”, in A Companion to Ethics, Peter Singer (Ed.), Basil
Blackwell, Cambridge
Noddings, Nel (1984), Caring: A Feminine Approach to Ethics and Moral Education, University
of California Press, Berkeley
Sen, A.K. (1987), On Ethics and Economics, Basil and Blackwell, London
Velasquez, Manuel (2009), Business Ethics: Concepts and Cases, Prentice-Hall of India, Delhi,
p. 103
CHAPTER 7
Environmental Ethics
LEARNING OBJECTIVES
INTRODUCTION
Like Oliver, in Charles Dickens’ novel Oliver Twist, who always wanted more and more, all the
industrializing countries, now, want more and more out of the environmental resources and natural
capital although they are prevented from using them to an unsustainable degree. In recent years,
analysts and policy-makers have become concerned about the appropriate use of our environmental
resources. The environment is under constant attack and is being assaulted by those factors and
122 Business Ethics and Corporate Governance
forces which accompany a rapid rate of industrialization and the escalating rate of human poverty.
Both poverty and growth do have convoluted interactions with environmental resources and, to
some extent they are the primary causes behind environmental damage and degradation. Whilst a
moderate rate of growth is desirable and often harmless, too much of it at too fast a rate impinges
on the eco-system and environmental tranquillity. Innumerable ethical issues are involved in the
management of human environment. The present chapter aims at analysing some of these issues
and many other related problems including the policy of sustainable development and proper
management of environmental resources.
conversion of cultivable land into industrial areas, decline in non-timber forest products, loss of
biodiversity and water resources, depleting fish stock, and so forth. Clearly, poverty is again raising
its ugly head. So, the government of Laos PDR has to take a number of practical steps to not only
reduce poverty but at the same time ensure a sustainable development. Sustainable development
is that development which does not harm the environment or distorts the ecological balance of the
society. It needs to be noted that both poverty reduction and sustainable development are simulta-
neously possible with rational implementation of some good policies. In most of the developing
countries, there is an urgent need to minimize the impact of environmental changes.
The case of Philippines is getting more publicity now under the tag of a country, where profitable
agricultural production is destroying the eco-balance. In Philippines, for increasing palm oil
production, the plant and animal diversity has been seriously damaged, and carbon emissions,
however, have not been reduced. All this is done for the benefit of a handful of business people
and their commercial firms. The period of globalization has witnessed a structural change in the
agrarian development of many countries. Agricultural land is becoming more and more an ordinary
commodity. The commodification of land in many countries including India, Pakistan and some
African countries, have been contributing substantially to the degradation of environment. It is high
time for the less developed countries to find out some viable alternatives to land degradation and
soil erosion problems. This may make the land more fertile once again and alleviate the poverty of
the cultivators. It is not impossible to enhance the resource use efficiency and transform traditional
agriculture, and at the same time, keep intact the ecological balance.
Population growth and poverty are responsible for both land and forest degradation. The poor
people depend on the nearby forest in order to collect fuel-wood, fodder and, thus, get some extra
income for their extended family. All these are important causes of deforestation. However, legal
and illegal logging and exploitation of forest resources with connivance of forest officers is also
equally responsible for this state of affairs in many developing countries. The programmes for
afforestation and regeneration have never been a howling success in these countries due to various
reasons.
Be that as it may, the poor people suffer disproportionately from the resource imbalance created
by various factors. Pollution of all types affects the poor most in terms of loss of income, sickness
and loss of amenities that are generated from a nearby forest. Population growth and poverty often
go hand in hand.
As suggested earlier, poverty and environmental deterioration are mutually reinforcing, and so
is the population growth. Poverty is correctly blamed for both, excessive population growth and
environmental pollution. It is rightly said that “poverty is the worst pollutant”. Poverty induces
parents to have more children so that the total family income can be maximized as each child in a
poor family becomes an earning member at an early age, and the marginal cost of rearing children
in such a scenario is also very low. Thus, since the benefit of a marginal child is higher than the cost
of having an extra child, the rate of the growth of population, particularly in poor families and rural
areas, is very high. The poor people are rational in calculating the economic benefits and the cost
factors involved in rearing extra children.
But the relevant issue is—if poverty is reduced, from where the resources will be coming?
Are those natural resources being replenished? In many cases, one of the contributory causes of
124 Business Ethics and Corporate Governance
environmental degradation is the pressure of population which is again the cause of poverty. In
the mainstream thinking, particularly stemming from the western countries, however, the basic
advice is that for the sake of development, the concern for environment must be relegated to the
background. This type of wrong advice is not called for. The world institutions, in general, are
concerned more with quantitative economic growth and do not care for the quality of human life.
Since cost of living is cheaper in developing countries, the developed capitalist countries often
transfer their dirty industries to the former. Many of the world institutions do recommend the entry
of such bad industries to less-developed countries in the name of globalization and liberalization. In
fact, one of the basic purposes of liberalization in the LDCs is to open their gates to all the polluting
industries of the developed capitalist countries. While permitting these industries, the LDCs do not
strictly adhere to the international environmental norms.
of growth that is more decisive for the environment. A growth in a clean way does not have to
necessarily jeopardize the environment. A growth exercise that is based only on the establishment
of dirty industries and the exploitation of our natural capital is detrimental to the environment.
Promiscuous and rampant growth can put pressure on the ecological balance.
It is touted by western capitalist economists that economic growth can correct many environment-
retarding factors such as population and poverty by increasing the growth of per capita income.
There is no doubt that these two problems are the worst enemies of environmental and sustainable
development. Indeed, higher income level can reduce the level of poverty and in that case, the
exploitation of forest resources and pollution of environment by the poor classes of population
will be substantially reduced. The poor will, then, not pollute the environment. For instance, they
will not defecate near road side, nor will they cut the forest for fodder and firewood. They will
innovate more decent ways of performing their daily chores. Moreover, at a higher level of per
capita income, the parents will not have to depend so much on the additional income from children.
In other words, when the parental income level is higher, the dependence on the children will
automatically reduce.
In the early stages of development, or in the traditional sector, the cost of rearing a child is very
low, while the expected benefit out of him is too high. However, at an advanced stage of industrial-
ization, the situation is quite opposite. As a result of increased per capita income, birth rate tends to
fall. At a higher level of income, the standard of living becomes a more dominant consideration. At
this stage, many parents will like to have a car rather than a baby. Urbanization has also helped in
reducing the birth rate. In an urban area, a big family is a liability. Lack of accommodation, higher
rents and higher cost of rearing children helps to reduce the tendency towards higher birth rate.
Moreover, birth gets reduced by late marriage, which is a trend in many urbanized societies. Birth
rate can also be reduced if the death rate is low. In fact, with the rise in the level of income, it is
possible to have better medical care and public health services, and all these combinations reduce
the death rate. Since death rate is lower now, the birth rate has also reduced. In the same way, since
poverty is a negative function of income, a rise in the level of income will help to reduce poverty.
But the level of income that is needed to reduce the rate of growth of population will have to be
critical minimum. If the rise in income is very low and slow, population and poverty both will rather
increase than decrease. Thus, people say that a good rate of growth is the best contraceptive.
However, there is a note of caveat. It is often found from experience in less-developed countries
that it is during the period of fairly good growth rate that an economy experiences environmental
hazards and pollution. The point is made by the South against the limitless growth philosophy of the
North. The North maintains that in LDCs, the pollution is not created by economic growth as such
but by the teeming millions of people. The North goes so far as to say that the LDCs are suffering
not from high growth rate but from low growth rate syndrome. Some researchers cite results of
cross-national regressions showing that there is an inverted U-shaped relationship between per
capita income and the correlates of environmental degradation in a country like India (see Rao, in
Chary and Vayasulu, 200). This implies that at a lower per capita income growth, the environmental
pollution is showing an upward trend and, at a still higher level of income, the level of pollution
is going to be lower. If this is true, one should specify the exact level of income that is expected to
show such a declining trend of national pollution.
126 Business Ethics and Corporate Governance
But in spite of the fact that a very high level of income growth is a method to bring down the
pollution level, a number of cogent points can be made here. First, a higher level of per capita
income growth is often associated with a higher level of inequality in income distribution. This
is true for many LDCs including both India and China (Ghosh, 2009, p.28). In both India and
China, the levels of income inequality were lower in 1986 when these countries had a lower rate of
economic growth. However, with a higher level of economic growth, the income inequalities were
exacerbated in both these countries.
It should be pointed out that growth and environment are not necessarily competitive issues.
The one is interacting with the other. So the choice cannot be an absolute one for the time to come.
There are in fact many points of trade-off—there can be a higher growth rate with a tolerable rate
of environmental damage, or a lower level of growth rate with maximum possible level of environ-
mental resources and natural capital. The pertinent question is—what does the society want at the
present stage of development? It is a choice between the present and the future. If society puts more
premiums on the present, then higher level of growth is the answer, but if the society discounts
the present and puts a premium on the future, then lower rate of economic growth will have to be
associated with a higher level of environmental growth and protection.
In the year 1991, the World Bank, UNDP and UNEP identified the following four major global
environmental issues. These issues are—biodiversity, climate change, depletion of the ozone layer
Environmental Ethics 127
and the problems of international waters. Various environmental treaties have been trying to take
the following actions:
1. To conserve the biological diversity and to fairly and equitably share the benefits of genetic
resources
2. To control and reduce the harmful effects of desertification and deforestation
3. To protect and enhance wetlands
4. To conserve and rationally use the marine living resources
5. To protect the endangered species of flora and fauna from over-exploitation
6. To conserve and effectively manage migratory species.
7. To protect the ozone layer, and phase out the ozone depleting substances
8. To stabilize the emission of greenhouse gases
9. To prevent the dumping of hazardous waste
10. To regulate the quantity/quality aspects of international waters.
As the following diagram shows, if ethical rooting and profit motive are strong, depending on
their relative strength, two alternatives are possible. If the rooting is strong but profit motive is
normal, environmental degradation can be reduced. In the case of poor ethical rooting of the mind
in the context of a strong profit motive, there will be more of environmental degradation. But if
there is normal profit motive and also poor ethical concern (rooting), the situation may be indeter-
minate (or amoral) with respect to environment.
ETHICAL ROOTING
STRONG POOR
NORMAL STRONG
State of the World’s Cities (2008/9) puts the current ecological footprint of humanity as 2.2 hectares
per person, while the earth’s biological capacity remains at 1.8 hectares. The two Asian super-
powers, China and India have ecological footprints that are twice their bio-capacity. This implies
that what the population consumes in a year, their area of earth will take two years to produce. This
seems to be consistent with the Malthusian legacy—the growth of population is going to outstrip
the growth of food supply. If this is true, it is sure to impinge on human health and happiness. There
are, of course, other challenges on which the report has been elaborated. These challenges relate
to mobility, waste management and environment. Some of the natural catastrophes like climate
change, triggered partly by irresponsible human actions during the period of globalization, will
not be amenable to proper management and control. The magnitude of the climate change in the
years to come will be simply incredible. There could be long spells of heavy rains, prolonged dry
weather, powerful cyclones or tsunamis. The glaciers of the Himalayas may start melting and the
sea levels may rise. But the rub is that, it will be difficult to reverse the trend, even if the whole
world starts taking measures to protect the environment now (The Hindu, December 3, 2008). The
impact of the climate change will not be confined to one or two countries, but will be felt across the
world. The disaster will have direct deleterious impact on human and animal health.
which assist in the natural biological purification of water. Detergents also affect the re-oxygen-
ation capacity of river water. Excessive fluoride in water may cause dental fluorosis or hearing
deficiencies in children. Chemical contamination of water is enough to produce toxic effects. The
biological contamination of water is responsible for many types of endemic infectious diseases like
typhoid, cholera and dysentery. Epidemiological studies carried out in many countries have estab-
lished that soft water may produce cardiovascular and cerebrovascular diseases.
Only 10 per cent of the world’s fresh water is polluted in terms of diminished oxygen content.
However, while most rivers are fairly clear of organic pollution, some contain high concentration of
pesticides or polychlorinated biphenyls. These are dangerous carcinogens. A more serious problem
regarding fresh water is its uneven distribution. Less than 50 per cent of the world’s rural population
and nearly 75 per cent of its urban population have access to clean water. Adequate sanitation is
available only to 15 per cent of the rural population and 59 per cent of the urban population. The
UN hoped that by the year 2000, everyone could have clean water and adequate sanitation. But
that hope has not been a reality. A high rate of population growth prevents adequate investment for
the availability of pure water and adequate sanitation in developing countries. Salt water pollution
remains a concern especially after the outbreak of algae blooms along the southern Scandinavian
and the US east coasts. The North Sea seal and dolphin deaths and the appearance of medical
rubbish have polluted the salt water. One hopeful sign was the fact that in 1987, eight North Sea
countries agreed to reduce the waste incineration at sea by at least 65 per cent by the end of 1990,
and phase it out completely by 1994. However, it has not been possible to do so.
Noise is capable of producing damage to human beings. Noises produce congestion, visual
distraction and so on. Noise at a high pitch (over 80 decibels) may cause temporary decrease in the
size of the blood vessels and produce a high pulse rate, hearing damage, cardiovascular problems
and the constriction of muscles. The blaring of loudspeakers and radios in the urban areas may
create noise over 70 decibels which, in many cases, can cause a nervous breakdown and disturbance
of sleep.
It is necessary to dispose of hazardous wastes. Most developed countries send their waste to
the less developed countries of Africa and elsewhere. The OECD countries generate between 300
and 800 million tonnes of hazardous waste per year. The US alone contributes 88 per cent of
this amount. The developing countries like India, Brazil, South Korea and China also contribute
substantial hazardous wastes. A large proportion of this waste is produced by the chemical and
mineral industries. The cost of the disposal of hazardous waste is pretty high and several countries
flush their wastes into oceans, even though there are international and regional conventions to
control such dumping. Land disposal is the most popular method of waste disposal. The Komme-
nekimi method of Denmark destroys more than 90 per cent of the country’s hazardous waste and
at the same time supplies 35 per cent of the heating needs. However, because of many difficulties,
the developed nations continue to transport their hazardous waste across borders for someone else
to deal with. Some of the third world countries accept the waste in exchange for hard cash. But this
has triggered widespread concern recently in the African countries. In 1988, the Organization of
African Unity adopted a resolution condemning the use of Africa as a garbage heap.
Another important issue in the environmental balance is the fact that the earth is gradually
burning due to those human activities that artificially increase the amount of carbon dioxide and
132 Business Ethics and Corporate Governance
other greenhouse gases in the atmosphere. The burning of fossil fuels releases an extra 5000 million
tonnes of carbon every year and the destruction of forests and other vegetation creates another 1600
million tonnes of carbon annually. The other gases that are harmful for the environment are nitrous
oxide, methane, chlorofluorocarbons and ozone, which, when trapped below about 12 km, are
damaging to the human body. According to one estimate, within a century, there will be a warming
of the earth by between 1.5oC and 4.5oC. This will have far-reaching environmental and socio-
economic implications. The wind pattern and rainfall will change, making some regions wetter and
some drier. In some regions, there may be tropical storms. In the event of the greenhouse effect,
food production will fall marginally, because some areas may not be able to adjust to the climatic
changes.
Air pollution
In the present section of the book, I will concentrate on the ill-effects of only air pollution. Of all
the agents of environmental pollution, air pollution is the most serious that affects our health. There
are, of course, ozone depletion, global warming and climate change. Air pollution refers to the
presence of many types of obnoxious substances and chemicals in solid, liquid or gaseous forms in
the air. Air becomes polluted when the concentration of sulphur and nitrogen based compounds and
other harmful particles like dust, smoke, ash and gas, and suspended particulate matter accumulate
in the air beyond the acceptable standards. The World Health Organization estimates that more
than a billion people in Asia are exposed to air pollution levels that exceed their guidelines. This is
considered to be a reason for the premature death of half a million people every year. Researchers
at Brigham University and Harvard School of Public Health have recently found that the average
life expectancy had increased by three years between 1980 and 2000 in those cities in America
where pollution had been kept at bay. Reducing pollution produces measurable gains in terms of
human health and life expectancy. Cleaner air has lengthened life expectancy by five months in 51
US cities, as a news report revealed in January 2009.
Air pollution may be caused by the combustion of fuels, incineration and the fumes from different
types of transportation. Nearly 70 per cent of air pollution is caused by the exhausts from automo-
biles which have become a part of modern life. The clean air is contaminated by carbon dioxide,
sulphur compounds, carbon monoxide, nitrogen compounds, hydrocarbons and particulate matters.
Different types of compounds become highly toxic when they are mixed in the air. Air pollution
largely affects the industrial sector of both the developed and the developing countries. A high
concentration of carbon monoxide in the blood obstructs the supply of oxygen necessary to maintain
the vitality of the body’s cells. Tetraethyl mixed with automobile fumes and lead poisoning become
very harmful for the human body. All these may cause anaemia, nervous disorders and muscular
problems. Air pollution is responsible for various types of respiratory diseases. Air pollution in
some countries has, of course, decreased since the 1970s, particularly in some western countries.
The Protocol of the 1979 Convention on Long-Range Trans Boundary Air pollution which came
into force in 1987 is further expected to reduce it. However, according to the data supplied by the
NEP (1984), out of the 54 major cities, 27 were found to have unacceptable or just marginal air
according to the standard of the World Health Organization. Extrapolated worldwide, this means
Environmental Ethics 133
that some 990 million people (almost 50 per cent of world’s urban people) breathe marginal or
unacceptable air. The cities surveyed which had this marginal or unacceptable air included Delhi,
Dublin, Hong Kong, Shanghai, New York, London, Milan, Tehran, Seoul, Rio de Janeiro, Sao
Paulo, Paris, Beijing, Madrid and Manila.
The World Development Report (2007) has studied the seriousness of the air pollution problem
in different countries of the world and finds that the most polluted city in the world in terms of
particulate matter (PM) is Cairo (Egypt) followed by Delhi (India), and the least polluted is the
Shenyang City in China (see Table 7.1).
Book, 1997). The increasing demand for energy in the modern world leads to a burning of fossil
fuels, which is a contributory factor to the aggravation of air pollution.
A study by Beatrix Groneberg-Kloft et al. (2006) has established that air pollution remains a
leading cause of many respiratory diseases, including chronic cough. The authors observe that
a long-term exposure of children to nitrogen oxide is associated with an increased incidence of
chronic cough and decreased lung function parameters, and there is some evidence that chronic
inhalation of diesel can also lead to the development of the cough. Sulphur dioxide is also known as
a major respiratory irritant. Another powerful oxidant is ozone that affects the functionality of the
respiratory tract. An exposure to a slightly elevated ozone concentration produces many unwanted
respiratory syndromes. A correlation is found between the indoor air pollution and chronic cough;
arsenic contaminated well water in Bangladesh has been responsible for chronic respiratory diseases
too. Depleted uranium, a radioactive heavy metal, is also associated with chronic cough.
Air pollution consists of particulate matter, sulphur dioxide, nitrogen oxide, carbon monoxide,
hydrocarbons, volatile organic compounds and ozone. Except ozone, all other chemicals, having
the value of the air quality index exceeding 150, can affect human health. Lead and arsenic, very
common chemicals found in water, soil, air, paints and children’s toys, can cause serious damage to
health. Arsenic is associated with diseases of the skin and nervous system. It also triggers the risk
of certain types of cancer including kidney, lungs and bladder. Lead poisoning, which is a common
type of poisoning in less developed countries, is associated with brain damage, mental retardation,
stunted growth and reduced I.Q. Very often, indoor air pollution is many times more serious than
outdoor air pollution in terms of health risk. Indoor air pollution in India causes nearly half a
million of deaths of women and children every year (Mukherjee and Hazra, 2008, p.14). Apart
from these, there are hazardous chemicals all around us that have deleterious effects on human
and animal health. The International Environmental Organization has identified more than 180 air
pollutants and some of them are so poisonous that they can have a devastating effect on human
health including skin, brain, nervous system, reproductive system, and respiratory and circulating
channels.
Continued exposure of workers in the asbestos factories to silica dust in various parts of the world,
particularly in the LDCs, leads to different types of serious diseases. Asbestosis causes pleural and
parenchymal changes and may also cause broncogenic carcinoma and malignant mesothelioma
among the workers. Silicosis is caused by exposure to silica dust and it primarily involves diseases
of the lungs. It is accompanied by cyanosis and inflammation of lungs, shortness of breath and
fever. In the Western countries, the incidence of silicosis has substantially reduced over the years
due to the use of many protective gadgets and respirators. However, in the LDCs, the multinational
factories and local producers do not often provide the workers with these protective devices. Hence,
the death rate due to silicosis cannot be reduced. This Grinder’s disease is taking a large toll of
human lives. Occupational hazards become more pronounced in the LDCs because of poor working
environments and an absence of necessary safety nets. Globalization has indeed increased the risk
of lives of poor factory workers. The bad news is that the green house gas emission has increased
in transitional economies by 7.4 per cent, while it was reduced by 5 per cent in the industrialized
countries during the period 1990–2006 (UN Framework: Convention on Climate Change).
Environmental Ethics 135
Table 7.3 Air Quality in Major Indian Cities (13–14 February, 2007)
In all the cities in the world, due to a large number of vehicles and burning of fossil fuels,
the air pollution is on the rise on a daily basis. Whereas in the developed countries old vehicles
are discarded or destroyed after a specified number of years, in the LDCs, they are repaired and
used on the road, and this increases the concentration of pollutants in the air. Of course, there are
official provisions to check pollutants from vehicles and punish/suggest to the owners to remedy
the situation. However, due to corruption and regulatory capture, the system of checks and balances
does not work well in LDCs.
The damage caused by air pollution in many countries is well-known. Who is not aware of
the Chernobyl nuclear power plant disaster of 1986? This has left behind a horrible impression
on the minds of the people of Ukraine. In Kolkata, the winter season experiences deaths of many
old people and children every year due to chronic obstructive pulmonary diseases and respiratory
distress syndrome. The city of Kolkata has over 12,000 small and big registered factories, and
there are over 60,000 registered vehicles operating daily (Mukherjee and Hazra, 2008, p. 45). The
damage to health in Kolkata is caused by high concentration of the respirable suspended particulate
matter and nitrogen dioxide in both industrial and residential areas. However, the Central Pollution
Control Board of New Delhi (India) finds that the level of concentration of sulphur dioxide is not
that alarming in Kolkata. Air pollution is very high in thermal power stations in India. Sulphur
dioxide emitted from these plants is a major source of air pollution. A report by the WHO discloses
that about 10 to 15 per cent of the population in India is suffering from asthma, bronchitis, hay fever
and common cold, all air-borne diseases.
The BBC report in the year 2002 disclosed that in the United Kingdom, the Great Smog of
1952 which spread over London for six days was the main cause of death of 12,000 people. In the
history of India, the worst type of air pollution was the Bhopal Gas Tragedy (1984). The leakage of
a hazardous gas called methyl isocyanate from the Union Carbide factory, a multinational pesticide
company, was responsible for the death of about 4,000 people and caused permanent or temporary
injury to about 5,00,000. The gas leakage not only disabled the factory workers but also affected
the members of their families and the residents who were staying nearby including children and
women. In the US, in one of the worst incidents of air pollution, 20 people died and 7000 people
were injured in Donara, Pennsylvania in 1948. The leakage of a poisonous gas, anthrax spores,
from a biological warfare laboratory in former USSR led to the death of hundreds of civilians
including women and children in 1979. There are numerous examples to prove that no place in the
world is safe from air pollution. The Environmental Protection Agency reported in 1985 that indoor
air pollution was three times more dangerous than outdoor air pollution in American homes, and
in such a situation, the members of a family are susceptible to serious health problems including
cancer. This shows that ladies who stay at home most of the time are prone to air-borne diseases.
The chances for such diseases are far higher for women in less developed countries than those in
developed ones, as in the latter countries, most of the female members also work outside homes. In
fact, housewives who are constantly exposed to the cooking fuel in the developing countries, have
higher possibilities of health damage from the indoor air pollution.
In China, the major cities like Beijing and Shanghai are affected by the over-accumulation of
carbon monoxide, nitrogen oxide and photochemical smog. However, China has been trying to
reduce the air pollution by following the standard set by the European Union. In an empirical study
conducted in Ukraine, it is estimated by Elena Strukova et al. (reported in Mukherjee and Hazra,
Environmental Ethics 137
2008, Ch. 8) that air pollution related mortality represents about six per cent of the total mortality
in the country; in Russia, it is about four per cent. But morbidity represents about thirty per cent of
total air pollution health load.
The monetary cost of mortality and morbidity due to air pollution is around 2.6 billion USD per
year. This cost of air pollution in Ukraine is too high and in the near future, as the authors maintain,
it will offset the economic growth rate.
It needs to be borne in mind that the actual effects of air pollution on human health are not
properly Air pollution preciated in the LDCs because most of the minor ailments produced during
the short period or due to a short-term exposure are neither medically consulted nor registered
on medical records. However, the acute effects of air pollution are produced rather dramatically
and can be easily identified. Short-term elevations in atmospheric particulate matter have been
often associated with the triggering of acute cardiovascular syndromes which include myocardial
infarction, ventricular arrhythmias and ischemic strokes. Studies have found a positive association
between short-term increases in these ambient particles and the risk of heart ailments. The long-term
effect of air pollution is also ignored as it cannot be separated when mixed with the basic syndrome
of another acute or chronic disease. Moreover, the effect of air pollution on plants and animals is
neglected in such studies. Thus, the actual impact of air pollution remains underestimated. The
authorities very often forget about human health and are excited about the progress of urbanization,
rapid rate of industrialization and a high rate of quantitative economic growth. Quantity of material
gains often overshadows the quality of human life. This is indeed the travesty of modern age and
civilization.
7. Human food chains are also consistently affected by environmental pollution. So, the
vegetables, fruits, fish, etc., that we eat everyday are all contaminated.
What is an Externality?
Externality is an influence that does not come from the institution of market but affects the welfare
of a person either adversely or favourably. Externalities adversely affect the economic efficiency.
Externalities can be positive or negative. Air pollution is an example of negative externality. A
negative externality is a cost which is not reflected in the market place. A positive externality is a
benefit accruing to a person without his own effort and it is not generated from market transaction.
Education is a good example of a positive externality. An educated person is likely to produce many
benefits to the society as a better citizen, as a source of information, advice, and so on.
Positive and negative externalities can be found both in the case of consumption and production.
An example of positive externality in consumption is vaccination. By vaccination, not only is the
individual vaccinated and protected from certain diseases, but the whole society is protected. An
example of negative externality in consumption is the noisy motorbike which creates disturbances to
the others. An example of positive externality in production is the beehive which not only produces
honey for the owner but also help in the pollination of plants. Another example of negative exter-
nality in production is the riverside chemical factory which dumps its chemical wastes in the river
and pollutes its water.
As it has already been pointed out, a positive externality is a benefit and not a social problem
because it simultaneously improves the economic welfare of everybody (e.g. provides a good
climate). Since a negative externality creates real problems, the subsequent discussion would be
devoted to the same.
Figure 7.1 assumes that the demand curve for the product (D) reflects the marginal benefits
(MB). When the social cost (equivalent to MD) is neglected and the production consideration is
based on the marginal cost (MPC) alone, then the output would be OM and the price $ 100 per
unit of the output. However, if social cost is added to the marginal private cost, then one can get
the actual marginal social cost (MSC). Thus, the correct equilibrium point is not A but B, and the
correct output is not OM but ON. The actual output OM is not the correct output and the actual
price (OP0) is not the correct price because at this level of output and price, the marginal serial cost
(MSC) is higher than MSB. The efficient output corresponds to point B where MSC = MSB. Thus,
in the case of negative externality, actual output is higher than efficient output and actual price is
lower than the efficient price (P1 = $ 110).
Government Regulation
Government regulation may be resorted in two cases: (i) to impose the correct dose of taxation on
the polluter, and (ii) the merger of firms (the polluting firm and the victimized firm). However, such
a merger is not possible due to many reasons. Nevertheless, the imposition of tax is likely to reduce
the output of the polluting firm, which would be a gain for the victim because less output means
less damage.
Internalization of Externalities
The internalization of externalities requires that the producers (polluters) are forced to take account
of the costs they impose on others. In the case of negative externality, internalization requires that the
social cost of negative externality be incorporated into the market price of the product. The increase
in the market price of the good (as a result of the marginal social cost incorporating marginal private
cost plus the cost of damage) would mean that the equilibrium quantity demanded and supplied of
the good would come down, and therefore, negative externality would be internalized.
SUSTAINABLE DEVELOPMENT
Sustainable development (SD) is now regarded as one of the best policies for the management of
environment vis-à-vis human consumption needs.
Ever since the publication of the Brundtland Commission Report in 1987, the concept of
sustainable development has been the subject of a new understanding and many misunderstandings.
142 Business Ethics and Corporate Governance
The United Nations World Summit in 2005 reiterated the views of the Brundtland Commission for
the popularization and practice of sustainable development among all the countries in the world for
the sake of a meaningful human existence with ecological balance. Sustainable development is a
type of development that aims at using natural capital and environment in a way that can meet the
present and future human needs. Thus, the use of these resources by the present generation will not
deplete the stock of these resources for the posterity. Thus, sustainable development incorporates an
element of intergenerational equity. However, sustainable development needs to be distinguished
from Green Development which basically aims at preserving and promoting the environmental
resources. The concept of green development is an overtly protective idea, and has nothing to do
with economic and social development.
For understanding the core idea of sustainable development, one needs to know the level of
human consumption and the replenishment capacity of the stock of natural capital. In this context,
we may come across the following three situations:
Case One: Human consumption exceeds the replenishment capacity. So there is a depletion of natural
capital. This, then, does not constitute a sustainable development.
Case Two: Human consumption of natural capital is just equal to the replenishment capital. This is,
therefore, the steady state growth.
Case Three: Human consumption of the natural capital is much lower than the replenishment capital.
This is precisely the case of sustainable development.
● Economic growth and natural capital development must be supportive of each other and they
ation.
Ethical issues implicit in the concept of Sustainable Development are:
● Cooperation and not the destructive greed and egoism.
● The care for the posterity and recognition of their natural rights.
Sustainable development recognizes the constraints and limits to development, and believes in
the inter-linkages that exist among the economy, society and environment. It is based on the recog-
nition of the nexus that exists between socioeconomic development and environmental development.
The theory of sustainable development works through inter-linkages, inter-generational equity and
operational efficiency. It is a common experience that economic growth in the days of globalization
impinges on natural environment and disturbs the ecological balance. The details about the type
of nexus between growth and environment and the impact of growth upon environment have been
discussed in the last section of the present chapter.
In recent years, the craze for quantitative growth in the developing countries under the influence of
globalization does not pay much heed to environmental protection, which slowly destroys the stock
Environmental Ethics 143
of the natural capital and is detrimental to both the present and the future generations. However, a
contrary idea held by many economists is that natural capital, human capital and knowledge capital
do not diminish over time. However, although these capitals are not completely destroyed in the
long run, their replenishment capacity may not be the same as their levels of wear and tear and
destruction due to over-use. But it must be conceded that, by following the policy of sustainable
development strategy, the planners are able to make sure that there will not be any natural capability
failure in the area of natural resource use. Sustainable development is essentially a policy-oriented
strategy of development.
Sustainable environmental development has to take into account the carrying load on the
environmental resources. As hinted earlier, if the load is such that it cannot replenish the damage
or loss over a period of time, then the environmental development does not qualify for sustainable
development. However, if the damage or loss done to the environment can be replenished over time
and if the consumption level of the natural stock of the capital is much less than the replenishment
power of the environment, then it is a case of sustainable environmental development. The problem
with this type of analysis is that it considers environmental development in isolation and does not
take into account many types of inter-linkages and feedbacks. It also assumes away the problem-
atics of measuring the extent of real environmental damage or losses.
OPTIMUM POLLUTION
Sustainable development calls for optimum pollution (shown in Fig. 7.2).
A society should control pollution in such a way that the marginal damage cost from pollution
(MDCP) becomes equal to the marginal abatement cost of pollution (MACP). The MACP is really
the marginal benefit curve, as the abatement of pollution leads to some benefits. The intersection
point (M) of these two curves determines the optimum pollution (OP). OP can also be explained
in terms of total cost too (marginal cost is the slope of total cost). In the diagram, the total cost
is the sum of the areas (X and Y). At the equilibrium, the total cost of pollution is the minimum.
However, TACP is not necessarily equal to TDCP. Optimum pollution does not mean zero pollution.
Generally, pollution is directly correlated to production of goods and services.
Summary
Human poverty, economic growth and environment are inextricably interrelated. In many ways,
poverty is both the cause and effect of environmental degradation. Over-use and wrong use of
resources are contributory factors to the damage and depletion of our natural resources. Both
poverty reduction and sustainable development are possible simultaneously with good policies
and their rational implementation. It is not impossible to enhance the resource use efficiency and
transform traditional agriculture, and at the same time, keep intact the ecological balance.
Population growth and poverty are responsible for land and forest degradation. However, the poor
people suffer disproportionally from the resources imbalance created by various factors. Pollution
of all types affects the poor most; in terms of sickness, loss of income, loss of amenities that are
possible from the nearby forest. Poverty is the worst pollutant. The pressure of population causes
environmental degradation, which in turn causes more poverty.
There is no inherent contradiction between economic growth and environment, if the rate of
growth is moderate and not competitive. A high rate of capitalist type of growth may jeopardize
environment. It is the craze for a high rate of quantitative growth which is dangerous. A growth
exercise based on the establishment of dirty industries and the exploitation of natural resources is
detrimental to environment. Population growth rate is no doubt very harmful for the environment,
but a high growth rate of per capita income may help in reducing the rate of the growth of population.
A good rate of growth is the best contraceptive. A moderate growth rate can be achieved without
much damage to the environment. It is the component of growth rate which is important.
There are many global environmental problems that include climate change, ozone layer
depletion, acid rains, and different types of pollution, and many treaties have been trying to solve
these environmental problems. Developing countries are suffering from serious environmental
problems. The impact of environmental pollution on human health is well-known. Pollution also
creates many social costs through negative externalities leading to market failures. Environmental
Environmental Ethics 145
pollution is associated with many ethical issues which are more damaging to the poor people. It
leads to hedonic injustice, accentuation of poverty, sickness and ecological imbalances.
Analysts have suggested many ways like pollution tax, creation of property rights, government
regulations and so forth for the management of pollution. Green development and sustainable
development are suggested to ward off the bad impact of pollution. Sustainable development can
be made possible if human consumption of natural resources is kept at a much lower level than the
replenishment capacity. It is, however, a policy-oriented strategy of development.
Key Terms
Poverty Cycles Climate Change Negative Externality
Polluters Market Failure Sustainable Development
Air pollution
(v) In the year 1991, the World Bank, UNDP and UNEP identified the following four major
global environmental issues, namely, _____________, _____________, _____________ and
_____________.
(vi) The principle that “_____________” was adopted in the Rio Declaration.
(vii) Population growth directly or indirectly affects the _____________ tranquillity and
_____________ balance.
(viii) _____________ water pollution remains a concern especially after the outbreak of
_____________ along the southern Scandinavian and the US east coasts.
(ix) Noises produce _____________ and _____________.
(x) Environmental pollution leads to _____________ injustice by distorting the prices of land,
houses and other habitats.
3. Choose the correct option
(i) Which organization adopted a resolution condemning the use of Africa as a garbage
heap?
(a) Organization of African Unity
(b) Organization of Somalia
(c) Organization for the Protection of Human Rights
(d) None of these
(ii) Which country uses which particular method to destroy more than 90 per cent of the
hazardous waste and at the same time supplies 35 per cent of the heating needs?
(a) India, Sublimation method (b) Denmark, Kommenekimi method
(c) Both (a) and (b) (d) None of these
(iii) What type of pollution can cause methaemoglobinaemia in infants?
(a) Nitrate pollution (b) Hydrogen pollution
(c) Water pollution (d) None of these
(iv) Nitrate pollution can cause:
(a) Insomnia (b) Alzheimer
(c) Both (a) and (b) (d) Methaemoglobinaemia
(v) Which study has established that the air pollution remains a leading cause of many respi-
ratory diseases, including chronic cough?
(a) Study by Beatrix Groneberg-Kloft (b) Study by Engels
(c) Study by Zeithmal and Berry (d) None of these
(vi) Arsenic is associated with diseases of the:
(a) Brain and nails (b) Skin and nervous system
(c) Both (a) and (b) (d) None of these
(vii) Asbestosis causes
(a) Pleural and parenchymal changes (b) Inflammation of the oesophagus
(c) Distortion of limbs (d) None of these
(viii) The Bhopal Gas Tragedy took place in the year:
(a) 2000 (b) 1985
(c) 1986 (d) 1984
Environmental Ethics 147
(ix) According to which author are the well-defined property rights sufficient to internalize
any negative externality when there are small numbers of affected parties and when the
transaction cost is very low?
(a) Ronald Coase (b) The Indian Government
(c) Adam Smith (d) None of these
(x) A society should control pollution in such a way that the:
(a) Marginal Cost equals Marginal Revenue
(b) Marginal Damage Cost from Pollution equals the Marginal Abatement Cost of
Pollution
(c) Average Cost equals Average Revenue
(d) None of these
Review Questions
1. Write a note on sustainable eevelopment.
2. Discuss the major ethical issues involved in environmental pollution.
3. Explain the major social cost of pollution.
4. How does environmental pollution lead to human health problems?
5. Explain how global inequalities are being accentuated by environmental pollution.
6. How is human poverty related to environmental pollution?
Web Links
1. http://plato.stanford.edu/entries/ethics-environmental/ [Environmental Ethics]
2. http://strafogetik.ruc.dk/Publikationer/2007/Environmental%20Ethics%20-%20Soebirk.pdf
[Environmental Ethics]
3. http://home.cogeco.ca/~drheault/ee_readings/East/Suggested/Bilimoria.pdf
[Environmental Ethics of Indian Religious Traditions]
4. http://publishing.unesco.org/chAir pollutionters/978-92-3-104039-9.pdf
[Towards an Egalitarian Global Environmental Ethics]
5. http://en.beijing2008.cn/58/92/article211929258.shtml
[Prevention and Control of the Environmental Pollution]
6. http://www.cag.gov.in/EnvironmentAudit/Presentations/Session_Groundwater/4%20
S%20Krisnan%20Social%20Cost%20Groundwater%20Pollution%20-%20CAG%20
March%202010.pdf [Social Cost of Groundwater Pollution in India]
7. http://en.wikipedia.org/wiki/Externality [What is an Externality?]
References
Chary, S.N and Vyasulu, Vinod (Eds.) (2000), Environmental Management, Macmillan, Delhi
Chokhani, Anand (2005), “Ethical and Unethical Practices of Hindustan Lever Ltd.”, LIBRA,
Chennai
148 Business Ethics and Corporate Governance
Ghosh, B. N. (2010), Rich Doctors and Poor Patients: Market Failure and Healthcare Systems in
Developing Countries, Wisdom House, U.K., pp. 1–17
Ghosh B.N. (2009), Understanding Engineering Humanities, Trinity Press, UK, Chs. 10 and 11
Ghosh, B.N. (2001), From Market Failure to Government Failure, Wisdom House, Leeds, UK,
Ch. 1
Kapadia, Karin (2006), “A Tirupur Story”, Frontline, 2nd June.
Mukherjee, Debashree and Hazra, Somnath (Eds.) (2008), Air Pollution and Health, The ICFAI
University Books, Hyderabad, India
O’Hara, Phillip (2006), “The Contradictory Dynamics of Globalization” in B.N. Ghosh et al. (Eds.),
Globalization and the Third World, Palgrave-Macmillan, London and New York
CHAPTER 8
LEARNING OBJECTIVES
This chapter will help the reader to understand
■ Early religious scriptures in India
■ Ethics of Jainism
■ Ethics of Buddhism
■ Charvaka ethics of Hedonism
■ Ethics of Vaishnavism
■ Patanjali sutra
■ Ethics of the Gita
■ Moral standards in Indian ethics
■ Gandhian ethics
INTRODUCTION
One of the greatest problems of philosophy, as Santyana once realized, is to devise the means
whereby human beings may be persuaded to embrace virtue without any stimulus of supernatural
hopes and fears. However, this problem was theoretically resolved by both Socrates and Spinoza
who gave the world more or less, a perfect system of natural or rational ethics. If human beings
follow either one of these, all will be well. But strictly speaking, rational morality or social regimen
has never existed in the real world (Durant, 1961, p. 653).
150 Business Ethics and Corporate Governance
However, there is a ray of hope simmering through the trajectory of Indian ethics. Indian ethics
is an admixture of and an attempt to juxtapose the possibility of the realization of God and the
godliness in human souls. Whilst the Gita and many other schools of Hindu philosophy aim at
the realization of God, Buddhism and Jainism do not believe in the existence of God, but show
empirical ways to attain the state of godhood through self-efforts that can liberate the human soul
from the eternal cycle of birth and death. An attempt is made in the present chapter to elaborate on
all these and many other major theories of Indian ethics. It will also incorporate a detailed analysis
of Gandhian ethics.
Manu Smriti
Smirits are remembrances. Manu Smriti was intensely influenced by the Dharma Shastra. Manu
Samhita contains discussions on various issues relating to economy, polity, social problems,
religion, culture, morality, and so on. Manu Smritis has given further details on the behaviour,
duties and responsibilities of various social classes of people as permitted by Hinduism. In this
section, we will discuss the Four Stages in the life of human beings.
Considering the span of a life to be 100 years, each stage is to be counted as 25 years.
Stage One
In the first stage of life (Brahmacharya), a person is to acquire knowledge and about the practical
world, religion, shastras and ethical behaviour. The person is to, generally stay, in the house of
his teacher and serve him constantly, and learn religious ideas. He has to regularly read religious
Indian Ethos and Gandhian Ethics 151
verses and listen to religious discourses. In this way, he attains maturity and becomes fit for the real
world. This period of life is the period of learning and character building by practicing restraints by
keeping all the senses under control.
Stage Two
The time span for the second stage of life is approximately between 25 and 50 years of age. During
this period, a person marries and creates his own family and friends. His main duty is to maintain
the family, look after his parents and accumulate wealth for his own family. He has to engage in
mundane affairs. However, his life is supposed to be regulated by those moral and ethical teachings
that he has learnt from his religious teacher. He must speak the truth, remain devoted to his family,
respect his parents and observe all other duties towards his ancestors, parents and family, and also
towards the society where he is living.
Stage Three
In the stage three of life (expanding between 50 and 75 years), a person spends a retired life. He
gradually withdraws himself from the ties, burden and responsibilities of the family life. He shifts
these burdens to his son or other eligible members of his family. He now takes less interest in family
affairs and concentrates more and more on the spiritual aspect of life. He regularly reads scriptures
and takes an active part in the religious ceremonies and rituals. However, he may still remain in the
family but remains aloof from the materialistic tentacles. He starts practicing sacrifice and renun-
ciation rather than accumulation and possession.
Stage Four
This is the last stage of life that covers the age span between 75 and 100. In this stage, a man
prepares himself for the other world and tries to acquire all the qualities that will help him to endear
himself to God. In this stage, one is advised to abandon the family life and its pleasure and pains.
He must become free from every bondage and retire to a forest and maintain his remaining life
all by himself. by becoming a recluse and taking sanyas. It is defined as a life of complete renun-
ciation. The most important duty of a person during this stage is to take the name of God all the
time, constantly remember Him and submit to His will.
It is instructive to note that that the timespan specified as 25 years for every stage of life is not to
be followed in a strict sense. Some stages may last more than twenty years and some less. The four
stages of life as explained by Manu can also be found in many other writings on Hinduism.
● Artha (Wealth)
● Moksha (Salvation)
152 Business Ethics and Corporate Governance
In all the stages of life, the moral duty to pursue religion remains the primary consideration.
Scriptures make it clear that wherever there is religion, there is happiness. According to Hinduism,
human happiness is impossible without the practice of religion. Religious ideals should be pervasive
in all the activities of human beings. These ideals are prescribed in different scriptures like the
Bhagvad Gita, the Upanishads, the Shrutis, Smritis, Vedas and the Vedanta.
A person is permitted to acquire wealth for the benefits of his family, relatives, for sacrifices and
in order to help poor people. The sacrifices or offerings are necessary for the present generation as
well as for the ancestors who are already dead. The earning of money and wealth, however, should
be done in a righteous way and not by cheating, corruption or immorality. The religion reminds
people that money is the root cause of all troubles (artham moolam anartham). Money is needed by
a householder but not by a person who is passing through the stage of vanaprastha or sanyas.
Hinduism permits a person to enjoy life and to have sensual pleasure in a right way. This is
especially allowed for a husband and wife. However, the purpose of sex is procreation and not
anything else. However, excess in all form is to be avoided at all times. Although the Kama Sutra
demonstrates different poses and arts of love-making with one’s wife; it does not allow perverted
sensual pleasures. The ideas enunciated in the Kama Sutra are within the framework of religious
sanction. Sensual pleasure is denied to students during their stage of learning when celibacy is to
be followed. It is also denied to very old people who are passing through the stage of sanyas (75
onwards).
Moksha (salvation or liberation from the painful cycle of birth and death) remains the ultimate
objective of every person who does not want to be born again. Various ways and means are suggested
by Hinduism to attain salvation. The most important ways are: to remain God-fearing and devoted
to Him, to perform all activities in a righteous way, to purify one’s character, to eliminate all the
traces of ignorance by acquiring the right kind of knowledge, to perform yoga (communion with
God), to sacrifice for the poor and needy and to perform all the worldly actions without the desire
for the consequences.
It is said that a Brahmin is created from the mouth of Brahma (the creator God), a Kshatriya
from the shoulder, a Vaishya from the thigh and the Shudra from the feet. This indicates the social
hierarchy inflicted on a person belonging to a particular class. Thus, a Brahmin gets the highest
Indian Ethos and Gandhian Ethics 153
position and status, Kshatriya, the second highest status, Vaishya, the third, and Shudra the last
(lowest) status.
Brahmins are endowed with the responsibilities and duties of giving advice, worshipping,
indulging in religious performances, teaching and preaching. Kshatriyas should give themselves
to fighting and protect the country from foreign invasions and attack. Vaishyas should look after
business, trade and farming. Shudras should provide personal services to the other three classes.
In ancient India, the Jajmani system provided a social and economic interdependence. The social
division of labour demarcated the rights and duties of each and every class. However, this often
created social inequalities and exploitation. The Brahmin class took the upper hand and often
exploited the other classes in the name of religion. Shudras were looked down upon and they
became untouchables and the most hated class.
ETHICS OF JAINISM
Jainism flourished in the sixth century B.C. in India. It is believed that when a person through his
own efforts conquers passions, desires and karma (mundane duty), he is emancipated and becomes
a Tirthankara (liberated soul). They believe in 24 Tirthankaras who contributed to the development
of Jainism, and the last of these Tirthankaras was Mahavira during whose period the religion
witnessed some paradigm shift. Jainism is contemporary to Buddhism.
The basic purpose of Jainism is the realization of the true nature of our souls. When the soul
becomes pure and free from the duty-bound obligations in a complete manner, it is possible to attain
divine consciousness. Any soul that has been able to conquer the inner enemies by constant practice
of the recommended basic principles can be called Jina (victor). Jainism is intensely spiritual and
ethical. All the recommended principles to be followed by a monk in Jainism are very rigorous and
strict.
Our grief and sorrows and the cycle of birth-death are all due to our ignorance. This ignorance
can be overcome by true knowledge. In order to attain ultimate enlightenment and liberation
(moksha), one must practice the following five ethical principles in thought, peace and actions:
● Non-possession (aprigraha)
● Celibacy (Brahmacharya)
Since human beings have different capabilities and environments, their performance with respect
to these five principles will not be the same (Jaini, 1979, p.169). Thus, for monks, the rituals and
practices should be very rigorous but for the laymen, there will be some relaxation. Celibacy will
be strictly observed by monks but for householders, there may be a provision for monogamy.
According to Jainism, every living creature is regarded as potentially divine, and hence, no
harm should be done to it. Non-violence is the path to attain self-consciousness. By following this
fivefold path, when a person attains self-consciousness, wisdom and enlightenment, he becomes
154 Business Ethics and Corporate Governance
free from the trouble of cycle of birth and death. This state of mind of a person is called Nirvana or
Thirthankara. When a person becomes Thirthankara, he is worshipped by others, and every Jain
aspires to be like him.
In Jainism, there is no explicit recognition of the existence of God. Perhaps, it teaches us that
good behaviour and character, can help one attain divine quality. To attain this state of mind, one
needs spiritual development mainly through real wisdom and self-control. Jainism does of course
the godhead, and any liberated soul is considered as God. It is a religion of self-development, and
it does not believe in the existence of God for explaining creation. There is no room for devotion to
God in Jainism (Sharma, 2009, 67). The fire of asceticism is designed to burn all worldly emotions
and desires to ashes. It is a very difficult religion to follow.
There are the following Three ways through which one can achieve liberation from all mundane
duties (karma) (Jain, 2004). In fact, our behavioural pattern is immensely important in Jainism.
There are consequences of certain physical and mental behaviour, and monks and laymen should
behave differently.
Jainism accepts the fact that human passion, which is due to ignorance, attracts the flow of
karmic matter (duty-related matter) into the souls. Then follows the system of bondage. But there
is a ray of hope. This ignorance which is the real cause of all the troubles can be conquered by
the aforesaid triple paths. These factors are all interconnected; none can be effectively practiced
without the other.
Jainism is against any kind of imperfection, and in order to attain perfection, it advises the
practice of restraints—restraints of the body, speech and mind. These restraints are necessary for the
purification of the soul. Every Jain inculcates the cultivation of excellence or virtues like humility,
purity, truthfulness, austerities, forgiveness, simplicity, and so on.
There are mainly two sects of Jainism—Swetambara (white-clad) and Digambara (nude or
sky-clad). There is no fundamental religious difference between them, but ritualistically, the Digam-
baras are more rigorous and puritanical. They believe that food and clothes are not necessary items
for monks. The white-clad Jains are more moderate in their approach to life and religious rituals.
ETHICS OF BUDDHISM
Buddhism developed in India in the sixth century B.C. and was contemporary to Jainism. Buddhism
is full of ethical ideas and mysticism. Buddha did not believe in the existence of God. He also did
not encourage beliefs in the transcendental or metaphysical dogmas. His teaching is all about what
human beings can experience in this empirical world. Basically, Buddha only taught two things—
human sufferings and the cessation of sufferings (Sharma, 2009, p.70). According to Buddhism, all
Indian Ethos and Gandhian Ethics 155
things are conditioned and impermanent. The teachings of Buddha can be categorically divided
into the following three interrelated parts:
● Right action
● Right living
● Right efforts
● Right thought
● Right concentration
These paths can be followed by all classes of people. While analysing the causes of sufferings,
Buddha found that desire is the root cause of suffering. Thus, he advised us to abandon all our
desires. The possibility of liberation lies mainly in the Desire for Desirelessness. Buddha, however,
is not the originator of these eight paths but he only discovered them.
self-mortification are to be equally avoided. Thus, he favoured the Middle-path. The middle-path
is the most suitable way to get both enlightenment and Nirvana. In his analytical discourses with
his followers, Buddha came to the observation that in the teleological sense, ignorance is the root
cause of all our sufferings.
When all ignorance is banished by the right kind of spiritual knowledge, and all worldly miseries
are eliminated, a person attains Nirvana (the state of perfect bliss or enlightenment) as Buddha
experienced. At this stage, there is no desire for anything. It is the dissolution of all the positive
and negative wishes, all activities stop here, and the mind achieves a complete equilibrium. It is
instructive to note that Nirvana is not a momentary stage; it is that highest stage of attainment which
may be called a stage of liberation and enlightenment that is beyond all desires and the cycle of birth
and death. It is called Nirvana because at this stage, all desires and sufferings are extinguished.
Buddha discovered the following Twelve Causal links of Dependent Origination (Sharma,
2009, p.74).
1. Ignorance (Avidya)
2. Impression of Karmic forces (Samskara)
3. Initial consciousness of the embryo (Vijnana)
4. Psycho-physical organism (Nama and Rupa)
5. Six sense organs including mind (Sadayatana)
6. Sense-object contact (Sparsha)
7. Sense experience (Vedana)
8. Thirst for sensual enjoyment (Thrishna)
9. Clinging to sensual enjoyment (Upadana)
10. Desire to be born (Bhava)
11. Birth or rebirth (Jati)
12. Old age and death (Jara-marana)
These twelve causes are related to human beings in various ways. For instance, the first two are
related to past life and the last two to future and the all the other items are related to the present
life. These twelve causes are always with us and are not destroyed even after death. They create a
vicious cycle of birth-death and birth again which accompanies all types of sufferings. The cycle
is basically due to ignorance and it can be broken by the right type of knowledge. The Principle of
Dependency is the backbone of the cardinal teachings of Lord Buddha. The central idea of these
teachings is that our present station and status of life is the offshoot of our past karmas (actions)
and is also responsible for the future shape of the things to come.
A number of inferences can be drawn from the theory of Dependent Origination:
● All things are transitory in character (impermanence).
put much emphasis on inner-purification, sacrifice and desirelessness. Mahayana Buddhism lays
more emphasis on compassion. Thus, it is said:
“Whatever Joy there is in this world
All come from desiring others to be happy,
And whatever suffering there is in this world
All comes from desiring myself to be happy”
(Bdh.viii, p.129, as quoted in Gruzalski, 2000, p.71)
● There is no God.
Charvaka advises us to live a life of complete happiness and sensual pleasure till the time of
death, and if necessary, borrow money to drink ghee (clarified butter). Thus, goes his advice:
Yabat Jivet Sukham jibet Rinam kritwa ghreetam pibet
Charvaks assure us that there is no heaven, no final liberation, no soul, and no other world. He
does not believe in the cycle of birth and death. The life on this earth is the beginning and the end
of everything. He criticizes the caste system and the supremacy of the Brahmin class. The ethics of
sensual pleasure advised by Charvaka has been vehemently criticized by many scholars and authors
of Indian philosophy.
and human virtues and making the life of others comfortable through care and compassion,
and so on. The Charvaka ethics do not give any importance to all these noble virtues.
● It is a very selfish, egoistic and hedonist ethics that does not care for the family, society and
the nation. Happiness can be the purpose of ethics but not the standard. There is no moral code
for the Charvakas.
● The Charvakas consider soul as a separate entity from body. If the soul is in a separate domain,
how is the physical pleasure transmitted to the mind/soul to produce the sense of satisfaction?
The Charvakas do not have any answer to this question.
● Direct sense perception, according to the Charvakas, is the only source of knowledge.
Knowledge may come from many other sources like information, thoughts, meditation,
intuition, and so on.
However, it is instructive to note that there are some Charvakas who are enlightened hedonists
(like Vatsyana) and they advocate that the aim of life is happiness (pleasure) but it must be punctuated
by virtues. A life of refined hedonism is worth living and should be pursued by rational human
beings.
● Individual soul (atman) is apparently different from the Brahman because of ignorance
(avidya).
Indian Ethos and Gandhian Ethics 159
● But when maya (illusion) is eliminated, the atman (soul) and the Brahman become the same.
There is no difference between them any longer. Sometimes the world appears to be real
because of hallucination, just as we consider a mere rope as a snake.
● After the elimination of avidya and maya, a person becomes jivanmukta (completely
liberated).
● Vidya (knowledge) can liberate us from this mundane world and position. Our station in life
is because of our karma (action). The karmic (action-related) situations can be broken by
following the right path.
● The right path is based on bhakti (devotion) and jnana (knowledge).
● Shankara makes us believe that selflessness and love are very essential for liberation
(moksha).
of God but with certain attributes. God is one but all visible things in the world are his manifesta-
tions or attributes. He criticizes many of the basic tenets of Shankara’s philosophy. Thus, while
Shankara says that all man-made rituals and duties are evil, Ramanuja observes that some religious
duties are necessary for human beings. However, Ramanuja explains why the Gita wants us to
abandon dharma. Ramanuja has given two reasons why the Gita says so. First, Lord Krishna wants
us to give up the agencies to rich God but wants our direct dependence on God. Second, we should
give up the expiatory rituals which are also called dharma. Ramanuja advises us to perform the
prescribed obligations (duties).
Ramanuja gives special importance to devotion or bhakti. He argues for the soteriological impor-
tance of bhakti. He also admits of the reality of the plurality of individual human beings, objects,
attributes and values, and yet affirms the substantial unity in diversity and plurality. Ramanuja
advises wholehearted devotion to God. He worshipped Vishnu and Narayana. According to him,
there are many obstacles for the realization of God and for human liberation (moksha). Devotion
has an enormous power that can eliminate the bad effects of the past actions (karma). Moreover,
through devotion one can fully submit himself to God and His will. All these help in realizing
moksha. Service to God is in itself is a rewarding experience.
Liberation is not possible because of our ignorance which can be washed away by true knowledge.
How to acquire proper knowledge? Ramanuja points out that a scripture is an important source
of knowledge—knowledge about our moral duties and responsibilities, and it also educates us
about the paths through which we can gather celestial knowledge. Veda is an important source of
knowledge. A study of the Gita will enable us to acquire certain types of values and deontological
attitude. Our unflinching devotion will also give us some knowledge about the Brahman. Upasana
(worship) is also essential for the realization of God. But there is one pre-condition. One must
have strong faith. While explaining the ethical principles, Ramanuja made it clear that morality is
intrinsically valuable and it has also instrumental values as it prepares one to be perfect in the eyes
of God to receive our rewards.
ETHICS OF VAISHNAVISM
Vaishnavism is a part of Hinduism and is very old in terms of its historicity. It has the influence of
the Vedas, Vedanta, Puranas and the Upanishads. The basic concept of the religion is based on the
need to worship Lord Vishnu, the God of maintenance and sustenance. Vaishnavas believe that God
(Vishnu) is within everybody, and they feel an eternal anand (esctacy) in serving God. Vaishnavite
Hindus worship the incarnation of Vishnu (like Rama and Krishna). There are two basic pillars of
Vaishnavism. These are—Prapatti (submission or sharanam) and Bhakti (devotion).
Vaishnavism is based on a fivefold samskara (sacrament). These are:
● Regular morning prayer
● Study of scriptures
The ethical principles of Vaishnavism incorporate a number of values and virtues. The major
principles are:
● Living a life based on ahimsa (non-violence and non-injury to others).
A true Vaishnav lives a life of detachment, helps others in distress and is tormented by the
suffering of others; he is a man of equanimity and sees equality in everything (Gandhi, 1909, 25
December).
Nyaya Viasheshika
Nyaya Viasheshika is the combination of two different schools of Indian philosophy. However,
162 Business Ethics and Corporate Governance
because of many similarities in their teachings, they were later merged into one. The Nyaya Viashe-
shika school uses logical reasoning and deductions to prove the existence of God/supernatural
power. Nyaya considers the fact that all our actions spring from ignorance, aversion and delusion.
Viasheshika thinkers recognize that the individual self and God are two different ontological
entities. However, in order to unite these two entities, it is necessary to perform some universal
and specific duties. The universal duties are like the Kantian categorical imperatives and include
virtues like truth, purity of mind, devotion to God, ahimsa, and so on. Specific duties are those that
are prescribed as Varnasharam Dharma and also for the Four Stages of life (discussed earlier in this
chapter). It is also necessary to lead a balanced life based on dharma, artha, kama and moksha.
The duty is to be done; its fruits should be offered to the Lord. All specific duties should be
performed for the sake of human welfare (Gita, III:20 & XII:4). The Gita emphasizes a duty-
based morality. This message is a radical departure from the ritualistic overtones of the Vedic cults
(Srinivasan 2006, p.20).
The duty-based ethics of the Gita reminds one of the Kantian theory of deonticism. However,
there are the following differences (see Sinha, 2006, p. 364).
Differences between the Kantian Deonticism and the Karma Yoga of the Gita
1. The duty-based morality as advised by the Gita is teleological in essence, but in Kant, it is
pure deontological. The Gita is teleological and consequentialist but not utilitarian.
2. The Kantian morality is more individualistic, but the main aim of the Gita’s theory is more
universalistic.
3. The Gita is spiritual in essence , but Kant’s philosophy is not essentially spiritual.
The Gita condemns ritualism and ceremonialism. The karma yoga is the cardinal message of
the Gita. The karma yoga and bhakti yoga are the preparatory steps for spiritual liberalization after
attaining the purity of mind. These steps also lead us to become a jnana yogi. This means that liber-
ation is now possible through the path of knowledge. Yoga also implies efficiency in any right type
of work: Yoga karmasu kauslam. In the practice of yoga, the equanimity of mind is very essential
(Gita, XII:17 &II: 56, 57).
A person who is not perturbed by unhappiness and does not desire anything when happy,
and has freed himself from attachment, fear and anger, he is indeed a sage of true wisdom.
(Gita, II:58)
Jnana yoga is all about an enquiry related to the Self or the Atman. The Self (soul) is unborn,
neither created nor could it be destroyed. It is eternal. There is no difference between the individual
self (soul) and the Brahman (Paramatman). They are not different. The Lord has a lower form in
terms of the five senses, and the mind, the ego, and so on. The lower form is constantly changing
but not the higher form. When proper knowledge is gained about the Self through a master (guru),
the ignorance is dispelled, and the person merges with the Brahman. Our mind (like a mirror) is
covered with the dust of ignorance, it can be made clean only by controlling our five senses, and
intellect.
carried with us in the next cycle of birth. The Bhagvad Gita does not ask for the renunciation of
action but for renunciation in the karma of interest, attachment and desires.
The acts of sacrifice, gift and austerity are not be relinquished, but should be performed,
for these are purifying to the discriminating person. (Bhagvad Gita, XVIII: 5).
Moral Virtues
Just like the Buddhist and Aristotle’s theory of the golden mean, Gita also lays emphasis on moder-
ation. It says that moderation or temperance in everything is indispensable for establishing mental
discipline (Gita, VI:16-17 & IV:30).
He who is moderate in eating and recreation, moderate in work, sleep and waking state,
practices yoga…the destroyer of all misery. (Bhagvad Gita, VI: 17)
Five cardinal virtues are emphasized in the Gita. These are—purity, self-control, detachment,
truth and non-violence. Self-control is the foundation of a virtuous life. The Gita wants us to show
love and compassion to all living creatures. The Gita teaches us virtues like humility, non-injury to
anyone, forgiveness, charity, and so on (BG, XVI: 13 & 5). The highest good is the non-empirical
transcendental condition of the self beyond virtues and vices. One who delights in the self, is
contented with the self and always satisfied with the self, has no more duty to perform (Gita, III:
17 &18).
The mediator having mastered the senses, mind and intellect, having attained freedom
from lust, anger and fear, regarding freedom as his goal, is liberated forever.
(Bhagvad Gita, V:26)
Once the mind attains piety and becomes sattvic (pure), then the desire for God develops in him,
and the individual self can meet the eternal self. It is said that those who read, ponder and practice
the teaching of the Gita will attain moksha or nirvana. The Gita proclaims that:
Wisdom is born of Sattawa; greed of Rajas and false perceptions and ignorance arise
from Tamas. (Bhagvad Gita, IV:17).
[As a quality of mind, sattawa comes out of purity and knowledge, and begets peace and
righteousness; Rajas comes out of pride, and begets passion, power and action; and Tamas comes
from ignorance, and begets laziness and indifference].
necessary for an aspirant of liberation is to develop a strong faith in God. The Lord declares that
He is everything (the way, the supporter, the Lord, the witness, the resting place, the storehouse,
the abode, the refuge, the origin and the dissolution); therefore, it is wise to follow Him uncondi-
tionally and surrender to Him. This is often compared with the Biblical verse where Jesus says:
“I am the way, the truth, and the life; no one goes to the Father except by me.”
(Bible, John XIV: 6)
(Contd.)
Religious School/ Scripture Moral Standard
Nyaya-Vaisheshika, Vedas, Divine laws and the instructions in scriptures regarding a good life.
Ramayana and Mahabharata
Patanjali Sutra Eightfold Path of Yoga, Yama and Niyam
Charvaka’s Gross Hedonism Maximization of sensual pleasures and enjoyment: Eat, drink and be
merry.
Buddhism Ahimsa, Desirelessness, Eight right paths, altruism and purity of life,
middle path.
Jainism Ahimsa, Five Vows and Rigorous Rituals, Restraint of body, speech
and mind.
Vaishnavism Ahimsa, Five Samaskara and constant remembrance of Lord Vishnu
Ramanuja Performance of the prescribed duties, knowledge, devotion and
complete surrender to God and worshipping Vishnu
GANDHIAN ETHICS
Mahatma Gandhi’s life and works, and speeches are saturated with his ethical idiosyncrasies. Every
single issue that he has examined and got involved with exudes morality and ethics. This is found
to be true in his analysis of the social system, exploitation and inequalities, conflict and conflict
resolution, state, power and policy, development and underdevelopment and his economic analysis.
In what follows, we will concentrate on a few important ethical issues which are critical in the
understanding of Gandhian philosophy.
Bread labour was a term popularized by Gandhi, such labour needs to be done by everybody
irrespective of one’s position or status in life. It gives an opportunity to participate in the fulfilment
of the universal law of karma (action) and recognize the significance of the dignity of labour.
Trusteeship is a system of reforming the capitalist organizations. The Gandhian system of trust-
eeship is based on the idea that the rich people and the capitalists should consider that, a part of their
wealth should be distributed to the society for the maximization of social welfare. Trusteeship is an
attempt to socialize wealth and to allow social control over poverty and economic inequalities in a
country like India where the distribution of income and wealth is highly skewed. The principle of
trusteeship is to reinforce the spirit of the philosophy of renunciation and sacrifice.
The two most important categorical imperatives in the Gandhian ethics are non-violence and
truth. Satyagraha (adherence to truth), like non-violence, remains both a means and an end in
itself. Gandhi observed that individual welfare and social welfare are interdependent in nature,
and the former is contained in the latter. To Gandhi, the basic desideratum of all social action and
policy is the maximization of social welfare. The welfare is not predicated upon the material sense
of the term but is more of a spiritual nature. For him, wealth does not mean welfare. Gandhi thought
that it is necessary to voluntarily reduce wants, particularly when a majority of the people are not
really living but somehow exist below the poverty line. All economic activities should, according to
Gandhi, be based on ethical and moral considerations. Gandhi’s economics is pragmatic yet moral.
He writes:
“Economics that hurts the moral well-being of an individual or nation is immoral and..
therefore, sinful… True economics never militates against the higher ethical standard;
just all true ethics to be worth its name must at the same time be also good economics”.
(Gandhi, 1968, Vol. 6:321-322)
In the context of interdependence, Gandhi analyses the issue of human rationality. According to
him, human rationality has no meaning if it is not based on ethical considerations. To explicate this,
Gandhi laid more emphasis on the Ends-Means consistency based on natural religion or morality.
His concept of man with a particular type of rationality is different from the so-called material-
istically successful man. He wanted an all round capability expansion of human beings based on
morality and ethics in order to make them more contestable and competent in the real world.
Human development being the principal goal, Gandhi devised various plans to empower and
entitle the citizens with freedom, dignity, equity and justice. In the field of politics, Gandhi advised
a decentralization of power so as to equip human beings with greater power in the matter of
decision-making in a true participatory democracy. Gandhian ethics is a virtual study of the inter-
relation between society, institution and organization done to maximize a win-win co-operation and
social interdependence for the human development and welfare. Gandhi experienced many types
of exploitation in the British India. This included the exploitation by the States, exploitation of the
poor by the rich, exploitation of labour by the capitalist, caste-based exploitation and the exploi-
tation resulting from the dependency on the foreign government.
The fact remains that there will be no exploitation if the people refuse to obey the perpetrator.
One type of social exploitation in Gandhi’s India was untouchability which was essentially caste
based. He also observed labour market discrimination of women, gender division of labour, and an
unequal power relation in all the walks of life. Another category of the social-economic exploitation
was the exploitation of the Indian people by the British administration. There was also class-based
exploitation between landlord and tenants and between capitalists and labourers.
Gandhi observed that it is possible to remove all types of exploitation through the development
of a strong will power. Exploitation and inequalities are interrelated in the Gandhian ethics. Gandhi
believes that “our ignorance or negligence of the Divine Law, which gives to man from day to
day his daily bread and no more, has given rise to inequalities with all the miseries attendant
upon them” (Gandhi, 1930, 26 August). To minimize the degree of inequalities in society, Gandhi
advocated a twofold affirmative action programme; first, to reduce the range of inequalities
though various actions and policies; to eliminate the chance of the growth of inequalities in future.
Gandhi was sufficiently pragmatic to realize that in a modern society with a predominantly materi-
alistic culture, economic inequality will stay on. It is also true that some inequalities are natural.
For the removal of some economic inequalities under capitalism, a non-violent action is preferable
to the violent enforcement of egalitarian principles because such actions will only kill the goose
that lays the golden egg. Gandhi also favoured a distributive justice for reducing inequalities and
exploitation.
Exploitation generates inequalities, as inequalities give rise to exploitation. Gandhi had doubts
about the so-called beneficial nature of the trickle-down effects of the capitalist method of indus-
trialization. According to him, capitalist industrialization is not necessary for any country because
it leads to more and more inequalities. In the process of development, the rural-urban inequalities
can be a serious problem. The urban sector, in many ways, leads to the exploitation of the rural
sector, and this was one of the primary reasons for the growing rural poverty in India. It is in
this context that Gandhi proposed the theory of equality, which was not absolute equality but
equity. He advocated the fulfillment of basic needs for everybody and a higher income for the more
competent and capable persons.
However, like the Rawlsian difference principle, Gandhi advocated some special concessions
and considerations for the poor and downtrodden sections of the population. He wanted to ensure
distributive justice to all. In this context, it is necessary to explain the Gandhian concept of justice
at some length (for a more detailed discussion, see Chapter 3, The Theories of Justice).
The Gandhian concept of justice involves the following six main constituents:
1. Pure justice
2. Satanic justice
3. Claims to natural rights
4. Social justice
5. Absence of duress
6. No harm to the opponent party
According to Gandhi, pure justice comes from kindness, compassion, care and love. But Satanic
justice is wicked in nature and is motivated by a selfish personal gain. Personal gain, selfishness and
inequalities are responsible for social conflicts. In Gandhian literature, one can find various types
170 Business Ethics and Corporate Governance
of conflict, such as those between landlords and peasants, between capital and labour, between the
rich and the poor, between the village and the city and between various social classes. Apart from
these, there are also conflicts between rationality and morality, between ends and means, between
the temporal order and the inter-temporal order and the like.
individual act of confession gives them a maximum punishment of four years. However, had there
been communication and co-operation between them, the punishment could have been reduced to
zero years.
TOM
Confess Not Confess
4 6
Confess
DICK
4
1
1 0
Not Confess
6 0
Notes: (i) Numerical figures are punishment in years.
(ii) Dick’s sentences are recorded in the lower-left corner of each box.
sovereignty. His objection to the absolute state sovereignty was based on a number of presump-
tions (Parekh, 1989, pp.126–127). First, it is necessary to oppose state orders, laws, statues, decrees
or ordinance when they are apparently unjust, immoral or wrong. In such a case, the last form of
protest against the political authority would be to launch a satyagraha (protest for adherence to
truth).
Gandhi’s concept of democracy was based on morality, justice, truth and individual freedom.
In a perfect democracy, as Gandhi observed, everyone’s welfare is maximum and it should be
an ideal situation. There is no manipulation of power relations to exploit others. Such a type of
democracy operating with non-violence is an ideal polity (Ram rajya) and anarchy of the first
order. In this context, it is necessary to understand Gandhi’s interpretation of the term “anarchy”.
He is of the opinion that in a perfect democracy, everybody can follow his course of action, express
his own views and do whatever he likes. But since everybody’s action is responsible, non-violent,
and harmless and not clashing with anybody else’s, the law and order problem is not violated at
all. Gandhi recommended several measures for reforming the state. The basic purpose of state
reform would be to spiritualize politics and endow the state with a moral basis. Gandhi advised
policy makers to ask themselves before making any policy whether such a policy will benefit the
poor or not. Gandhi’s view was different from that of the utilitarian ethics. Whereas the utilitarian
ethics recommends a policy that brings greatest benefit to the largest number of people, Gandhi
will recommend a policy which will bring a gain to all the people of the society, particularly to
the poorer section of the community. Gandhi makes the message clear to policy makers in the
following passage:
I will give you a talisman. Whenever you are in doubt, or when the self becomes too
much with you, apply the following test. Recall the face of the poorest and the weakest
man whom you may have seen, and ask yourself if the step you contemplate is going to
be of any use to him. Will he gain anything by it? In other words, will it lead to swaraj
for the hungry and spiritually starving millions?...Then you will find your doubts and
yourself melting away. (Gandhi, 1947, August, vol. 8)
Gandhi’s balanced view on rights, duties and equalities is a contemporary reminder to those
proponents of human rights and egalitarianism who propose these rights unconditionally without
any corresponding human duties. However, in the absence of human duties, human rights do not
remain in a workable proposition in the long run. One such duty is the duty of constant pre-occu-
pation with one’s own work (deontic duty). In this context, Gandhi supported the Kantian theory
of deontology. Gandhi was profoundly influenced by John Ruskin’s book Unto this Last (1862),
which considered all works to be of equal dignity. However, Gandhi advised that if any order or
work suggested by the superior officer is unethical or immoral, one should not carry out such a
duty.
responsibility because it is a part of the society. If a business is not based on morality, it can
ultimately affect social welfare. In such a case, the welfare of the consumers, suppliers and stake
holders is adversely affected. Business based on ethics and morality becomes more profitable in the
long run as its reputation and goodwill go on expanding.
out, Gandhi is not prepared to accept that the country has really attained prosperity, freedom and
sustainable development. The Gandhian concept of sustainable development is a holistic devel-
opment that includes social and cultural development. For Gandhi,
Real wealth does not consist of jewellery and money, but in providing for proper food,
clothes, education, and creating healthy conditions of living for every one of us. A
country can be called prosperous and free only when its citizens can easily earn enough
to meet their needs.
Gandhi’s development paradigm follows the principle of balanced development. To a discerning
reader, Gandhi’s concept of sustainable development encompasses self-sufficiency, self-reliance,
sarvodaya and a balanced development. Let us elaborate on these issues.
The following were the basic objectives of the Gandhian schema of holistic development:
First, human development (including moral development) for capability expansion.
Second, development in a balanced way through manual and intellectual labour (development of
body, mind and soul).
Third, development with social justice, rights and freedom. This is in accordance with the
principle of social and human development.
Fourth, attainment of self-sufficiency and self-reliance through rural development.
Fifth, reduction in poverty through the generation of additional income and employment.
The most important concept of progress in the Gandhian theory of development is the same as
the one in the Hegelian version of Marxism concerned with the humanist goal, that is, a journey
towards the emancipation of mankind from the realm of necessity to the realm of freedom.
In the scheme of sustainable development that Gandhi was contemplating, the achievement of
freedom was closely identified with the welfare of under-privileged people. Gandhi is like Kant
who propounded that a true ideal can never be achieved in one life, but there should be a progress
towards it.
However, unlike the Marxian concept of development which is production-centric, Gandhi’s
concept of sustainable development is human-centric and it limits production to basic needs.
Gandhi’s theory is not concerned with the perception of newer and newer human needs and the
consciousness to satisfy these needs. But like Marx, Gandhi believed that capitalist development,
by its very nature, is uneven, exploitative and unequal, and the poor colonies which are linked with
the metropolitan countries ultimately become the hewers of wood and the drawers of water.
Gandhi’s basic idea of sustainable development was to have an all-round development of society
which included human development along with socio-economic-political development. For him,
human development and social development are inseparable because the two are interactive in
more ways than one. In the context of the Gandhian paradigm of development, a person acquires
soul force through the practice of all the four nomological rules that include truth, anasakti, ahimsa
and sarvodaya. A strong soul-force is the necessary precondition for success in any important
endeavour which is just and moral. To Gandhi, proper education not only includes knowledge of the
subject but also a devotion to duty, spirit of service and, most importantly the training of character.
Gandhi advocated the dissemination of knowledge among common people through the spread of
adult education programmes, part-time schooling and also programmes for women’s education in
176 Business Ethics and Corporate Governance
India. For ensuring a command over resources, he suggested the development of village and cottage
industries.
In the Gandhian theory of sustainable development, the village is the primary organizational unit
and, hence, the development of the village or the rural area is the primary concern in any successful
scheme of sustainable development. The methodology of development here is the bottom-up
approach. In such a schema of development, khadi or village industries will predominate and it will
generate a number of desirable advantages. First, the development of village industries will create
sufficient employment and income for the rural population. The level of income and productivity
generated by these industries may not be high but it will be sufficient for the rural population if their
meta-needs are controlled. Capitalist production relations are overtly inappropriate for the cottage
and village industries that Gandhi was recommending for increasing rural income and employment.
To Gandhi, sustainable development should ensure that income and employment must go hand in
hand even if they are at the low level.
Gandhi advocated the development of village and cottage industries primarily because such indus-
tries would be able to eliminate poverty, hunger, unemployment and human degradation. Secondly,
to help village level development, Gandhi popularized the concept of swadeshi (home-produced
goods). Once people are inspired by patriotic sentiments to buy Indian goods, the indigenous indus-
tries can be expanded to a considerable extent and the levels of income, output and employment
could be developed satisfactorily.
Gandhi realized that although economic development was necessary for a country like India,
capitalist industrialization was unwanted because industrialization leads to either active or passive
exploitation of villagers. Capital–intensive methods of industrialization also lead to the impover-
ishment of villages and an increase in unemployment. Moreover, capitalist development breeds a
permanent conflict between labour and capital. It is because of the possibility of inequality that
Gandhi did not want industrialization. Through economic development, Gandhi wanted to generate
rejuvenation of mind, body and spirit for everybody.
Gandhi was not in favour of an exorbitantly high rate of growth of output per se, but he wanted
a fairly good amount of production to satisfy the increased rate of population growth. He was right
in appreciating the truth that a high rate of growth is not necessarily the optimum rate of growth.
Gandhi advocated the control of desire for meta-needs and bringing down the scale of wants to the
ethical minima, or what can be called the basic necessities of life. This is necessary in the context
of the staggering poverty of India and it requires some changes in lifestyle. These basic neces-
sities include people’s right to a proper house, an adequate and balanced diet for the family and the
supply of locally made clothes, facilities for the education of children and adequate medical relief.
To Gandhi, economic development does not mean that one should have more but that one should be
more. His concept of development is ethical in nature in the sense that it incorporates social well-
being, human capability expansion, equality of opportunity, justice and non-exploitation, and rights
and freedom (see Figure 8.1).
The production of basic needs has to be employment-generating and income-creating, and what
was needed was mutual help and cooperation without exploitation at the levels of both production
and distribution. In the Gandhian schema, sustainable development must have a moral basis. It
needs discipline and moral responsibility as well as a particular type of personality pattern. The
Indian Ethos and Gandhian Ethics 177
production conditions of the basic necessities of life would be under the direct control of the people.
Rural development was thought to be a means for correcting the urban bias. Gandhi’s main argument
for the development of village industries was to remove poverty through the generation of sufficient
employment opportunities for the unemployed, underemployed and surplus (idle) labour.
Gandhi’s Concept of
Holistic Development
Freedom Well-being
Human Socio-economic
Economic Political
Development Development
Removal of Development of
Self-sufficiency Capability
Poverty & Body, Mind &
Expansion
Unemployment Sprit
The Gandhian type of sustainable development seems to be feasible and realistic, given the basic
objective functions, the possible parameters of action and the economic milieu of his time.
In Gandhi’s view, technological improvement could be introduced to the village industries to
make capital more efficient. In fact, an appropriate technology was needed for the regeneration
of the village economy, and such technology would not be an anachronism but could be well-
embedded in the system. In the case of “Gandhian development”, the basic objective being full
employment even with a low level of per capita income and economic independence with social
justice, the appropriate technique of production could not have been anything other than the labour-
intensive method.
The more advanced stage of development in the Gandhian plan would be marked by an increasing
degree of decentralization of the industrial structure which was initiated in the first stage of rural
178 Business Ethics and Corporate Governance
development. Gandhi advocated decentralization for reaping the advantages resulting out of the
flexible structure of technology and organization. Decentralization was not meant for capital goods
but only for consumer goods industries. Decentralization was not only recommended for indus-
tries but also for political power in order to make it more advantageous for the common people.
The decentralized structure of the politico-economic system was presumed to be necessary for
preventing exploitation, inequality and conflicts. The structural change suggested in the second
stage of development after the attainment of self-sufficiency was to eradicate the urban bias in
development.
Decentralization is advocated for at least four basic reasons. First, for better administration,
control and supervision. Second, for eradicating the possibility of violence, as centralized organi-
zations or institutions are generally prone to violence. Centralization cannot be fully defended
and protected without an adequate force. Third, centralization leads to concentration of power
and authority which can be misused by the possessor of such power in the name of settling socio-
economic problems. Fourth, decentralization stands for maximization of individual freedom.
However, Gandhi was prepared to give more power to people’s organizations like panchayats. In
the final stage of sustainable development, Gandhi suggested the principle of holistic development
(sarvodaya) for the welfare of all.
A Critical Appraisal
In the Gandhian ethics, truth, ahimsa and satyagraha are all very lofty concepts and ideas. However,
in a society which is mostly inhabited by lesser mortals, these ideas cannot be made operational.
The following are the fundamental criticisms levelled against the Gandhian ethics.
First, Gandhi speaks about truth. However, absolute truth is an unattainable goal. Relative truth,
of course, is attainable, but the problem is that truth is a many-sided reality. It is difficult to under-
stand which type of reality constitutes the truth. Gandhi advised that in order to make any decision
based on truth, it is necessary to take the help of the inner-voice. However, for a common person,
the inner voice may be completely absent as everybody is not endowed with the gift of inner voice.
Gandhi also points out that truth is karta (doer) as well as akarta (non-doer). This dialectical expla-
nation of truth is beyond the head of common people and is confusing, to say the least.
Second, in a society full of violence, it is impossible to perform ahimsa. Ahimsa is not successful
in the ultimate analysis unless everyone follows the same philosophy. Gandhi disclosed at one point
that there is non-violence in violence. This is also a complicated philosophical statement which
cannot be easily interpreted in a correct way.
Third, Gandhi’s satyagraha movement became a failure many times in India. The satyagraha
makes the opposite party stronger and if that part is not guided by any idealistic philosophy, the
movement cannot become successful.
Fourth, Gandhi has underplayed the presence of sex-instinct in human beings. Sex instinct is
not necessarily irrational or immoral. If it is controlled, it generates love and affection that bind
men and women. However, sex is not immoral for Gandhi in the Calvinist sense, but it was an
impediment for Gandhi. It was to be subdued to awaken the soul force. Gandhi practiced celibacy
at the age of thirty one, which is not permitted by the code of conduct suggested by Manu. At thirty
one years of age, one should practise garhastha (family life).
Indian Ethos and Gandhian Ethics 179
Fifth, Gandhi’s ethics consisting of asceticism, rationalism and monastic detachment from the
worldly life are one-sided doctrines.
Sixth, the ideal type of state that should work with non-violence police force, as Gandhi proposes,
is practically impossible in modern times.
Lastly, Gandhi idealizes and spiritualizes man. This type of man that Gandhi contemplates is
conspicuous by his absence in the materialistic world.
Gandhi’s theory is the outcome of a clash between the spiritual reality of traditional Bharat
and the historical specificity of British capitalism in India. The application of some of his ethical
principles was quite relevant in British India. But, these do not seem to be randomly applicable
in the modern world. But this is not to deny the fact that although some of the principles of the
Gandhian ethics are particular and historic-specific in character, the universal message of Gandhi
such as non-violence, truth, sarvodaya, spiritualization of politics, and the like, have an universal
appeal and can be applied everywhere. Many of the ideas of the Gandhian ethics are Euclidean
in nature and will probably remain unrealized in the contemporary world, not because the ideas
themselves are noxious, but because the world is not yet prepared to accommodate these ideals.
Summary
Indian ethos is an admixture of and an attempt to juxtapose the possibility of realization of God and
the godliness in human nature. The Dharma Sutras accommodated many of the ethical principles
and precepts of the Hindu way of life. The Manu Smriti dwelt on the four stages and the four objec-
tives of life (religion, wealth, sensual pleasure and salvation). Varnashram Dharma emphasized
on the social division of labour through the four-fold caste system (Brahman, Kshatrya, Vaishya
and Shudra). Jainsim and Buddhism did not believe in God but argued that through efforts, human
beings can acquire the godhood. Jainism depends on five ethical principles (non-violence, truth-
fulness, non-stealing, non-possession and celibacy). It believed that by following the three ways
(right perception, right knowledge and right conduct),one can achieve liberation from this mundane
world. Buddhism has advised people to follow four noble paths, saying that the world is full of
sufferings which are caused by desire; there is the possibility of cessation of sufferings and that
path is the spiritual way. The eight-fold noble paths are—right faith, right resolve, right speech,
right action, right living, right efforts, right thoughts and right concentration. Buddha has advised
to follow the middle path to realize nirvana, a state of mental equilibrium, perfect bliss and enlight-
enment.
The Charvaka philosophy is a heterodox system and does not believe in God; it advocates sensual
pleasure. The speculative metaphysics of Charvaka is vehemently criticized by many. Advaita
Vedanta of Shankara points out that the basic source of knowledge is Upanishads which are also
Vedantas. It teaches that Brahma is the only reality but due to ignorance, people cannot realize it
and once the illusion is eliminated, the person becomes completely liberated. This is possible by
true knowledge, devotion and renunciation. The Visishtadvaita philosophy of Ramanuja is different
in many important ways from that of Shankara. Vaishnavism had a lasting influence on the Hindu
philosophy. It is based on a fivefold sacrament like regular prayer, study of scriptures, yoga, formal
worship of God and collection of materials for worship. The basic principles of Vaishnavism are
180 Business Ethics and Corporate Governance
ahimsa, pious life, truth, freedom from anger and lust, peace of mind, and so on. Patanjali Sutra
proposed that by following the eightfold path (that also includes yoga), one can get liberation.
Perhaps the most influential scripture for the Hindus is the Bhagvad Gita. The Gita builds up
a philosophy of karma (duty without the desire for fruits) with skill, based on knowledge and
supported by devotion. It advises to remain calm under all circumstances (good or bad) and have
strong faith in God and to follow Him unconditionally and surrender to Him.
Mahatma Gandhi was a true vaishnav and a follower of the principles of Gita. His basic religion
was truth and non-violence. He spread the message of compulsory labour (bread labour) and trust-
eeship for reforming the capitalist organizations and to reinforce the spirit of the philosophy of
renunciation and sacrifice. He was against exploitation, inequalities and injustice. He advocated
cooperation between labour and capital in the process of production and supported the labour-in-
tensive method of development and the development of villages and small industries for extending
employment facilities to all. He wanted a sustainable development which, according to him, was
possible through limiting one’s greed and bringing down the scale of wants to the ethical minima.
His plan was to have a development where everybody will have a house to live in, hand-made clothes
to wear and all basic necessities of life. He wanted democracy with power remaining in the hands
of the people, decentralization of all power and village level administration by the panachayat. He
wanted an ideal polity with spiritualization of politics. The state will only be a coordinating agency
and human beings will have all basic rights with duties. Gandhi said nobody should follow an order
which is immoral. One can protest (satyagraha) against the unethical order and laws. He listed seven
unethical practices and sins people often commit. There are—politics without principle, pleasure
without conscience, wealth without work, knowledge without character, business without morality,
science without humanity and worship without sacrifice. Gandhi wanted a balanced process of
holistic development where human development will be the first priority with freedom, equality of
opportunity, self-sufficiency, absence of poverty and deprivation, human rights, natural justice and
opportunities for the development of body, mind and spirit.
Key Terms
Smritis Eight Fold Path Sarvodaya
Four Stages of Life Pravitti and Nivritti Bottom-up Approach
Varnasharam Dharma Fivefold Samaskara of Anasakti
Five Ethical Principles of Vaishnavism Principle of Balanced
Jainism Yama and Niyama Development
Triple James of Jainism Nyaya Vaisheshika
Four Noble Truths of Nirvana
Buddhism Ahimsa
Indian Ethos and Gandhian Ethics 181
Review Questions
1. Explain the basic points of differences between Buddhism and Jainism.
2. Write a critical appraisal of Shankara’s exposition of Advaita Vedanta.
3. How is Ramanuja’s philosophy different from that of Shankara?
4. Write a short essay on the ethics of the Gita.
5. Explain the basic points of Charvaka’s hedonistic ethics.
6. What are the eight basic principles of Vaishnavism?
7. What is a moral standard? Briefly explain the common moral standards of Indian ethics.
8. What are basic ethical ideas of Gandhi on state, power and policy?
9. Critically examine the Gandhian ethics as related to ahimsa, truth and satyagraha.
10. What are the views of Gandhi on conflict and conflict resolution?
Indian Ethos and Gandhian Ethics 183
Web Links
1. http://worldview.carnegiecouncil.org/archive/worldview1969/12/1820.html/_res/id=sa_
File1/v12_i012_a005.pdf
[Philosophical Contributions of Gandhi’s Ideas on Non-Violence]
2. http://www.pdf-finder.com/INDIAN-ETHOS-AND-VALUES.html
[Indian Ethos and Values]
3. http://www.thehindubusinessline.com/2005/12/06/stories/2005120601450800.htm
[Indian Ethos in Management]
4. http://himadri.cmsdu.org/documents/IndianEthos.pdf
[Indian Ethos & Values in Modern Management]
5. http://www.sssbpt.info/ssspeaks/volume19/sss19-17.pdf [Give Due Place for Indian Values]
6. http://www.ibiblio.mohyal.com/index.php/component/myblog/ethics-indian-ethos.html
[Ethics and Indian Ethos]
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____ (1958-84), Collected Works of Mahatma Gandhi, Govt. of India, Publication Division, New
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PART TWO
Business Ethics:
An Overview
LEARNING OBJECTIVES
INTRODUCTION
We start off with an important verse from the Bible which says that:
“Whoever has will be given more and he
will have an abundance. Whoever does not
have, even what he has will be taken away from him”
(The Bible: Matthew, Xiii:12)
188 Business Ethics and Corporate Governance
Although the Bible here makes an allusion to the spiritual knowledge and faith, the idea can
be applied in the case of business too. All businessmen need to accumulate capital, and such
accumulation if done in a wise way will lead to abundance. Money begets money. However, a
businessman who cannot accumulate will soon have to face diminishing returns. In another sense,
from the long-term perspective, a business based on honesty, sincerity and ethical values, will have
a sustainable future with abundance and if one does not have it, one cannot survive in the long-run.
What many empirical studies have revealed is that, critical consideration for the meaningful survival
and growth of any organization is its ethical premises and not simply its machinery, workforce
and material stock. It is in this context that one examines the importance of business ethics and
values. Historical evidence has shown that many European and American firms which were very
prosperous in the past have been reduced to shambles only due to unethical behaviour, fraud and
immoral personal gratification. Implicitly or explicitly, business ethics, thus, remains very critical
to the sustained growth of a company. This chapter discusses the meaning, nature, scope and other
related concepts of business ethics.
and commerce.
● Business ethics is the evaluation of business in terms of certain ethical principles and
norms.
● Business ethics deals with certain moral principles that can tell us whether a particular
commerce, trade and other related activities, institutions, beliefs and practices.
● Business ethics is the sum-total of rules and principles which can be regarded as the standard
Second, ethical theories provide a set of analytical guidelines and moral standards, which can be
directly or indirectly applied to the solutions of business problems in a fairly just and satisfactory
way. A proper knowledge of the standards and principles of ethics can make a manager more
analytically capable and expert in interpreting many ethical issues in business in day-to-day life.
Third, one of the most important ways in which ethical theories can contribute to business
management is the building up of ethical models (framework) about ethical decision-making, ethical
audit, solving ethical dilemmas, and so on. This exercise helps managers understand the structure
of ethical problems in management and assist in providing an ethical solution to the same.
It must be understood that ethics and business ethics are integrative in nature, and there are many
commonalities between these two subjects. Whereas ethics is more theoretical, business ethics is
more practical and is the application of the theoretical principles of ethics, as revealed in the defini-
tions given earlier.
The spirit of Christianity became somewhat different with the rise of Protestantism. Protestants
actively associated themselves with business and industries. Religious ethics has had a definite
impact on the attitude towards the growth of business. Confucianism valourizes hard work, sincerity
and honesty, and Hinduism advocates deontic notion of duty without any desire for the results of
the action. Both Confucianism and Hinduism do not lay any stress on materialistic acquisitions and
culture. In India, in the early twentieth century, the businessmen who accumulated wealth were not
given much social respect, and for the same reason, some of them were out-grouped such as the
Parsis, Jains and Marwaris. However, being an out-group, a particular business community could
break the established social tradition. But with economic development, the attitudes towards these
business communities gradually changed and they were again brought back to the social fold and
were respected.
Sometimes, an anti-religious philosophy can also help the growth of business and trade. In the
communist ideology, the will of God is replaced by materialistic dialectics. Marx has accepted that
although capitalism has many attending evils associated with unethical activities like exploitation
of labour and dehumanization of labour, there is no denying the fact that capitalism is the most
progressive mode of production.
The classical and neo-classical views considered business ethics as irrelevant and supported
unbridled expansion of capitalism and market forces. According to these views, business and ethics
are two separate categories, and these cannot be meaningfully mixed up. Free market competition,
they say, can lead to several types of benefits supported by the theories of both deonticism and
utilitarianism (consequentialism). The following are ways through which a free market philosophy
leads to social and economic benefits, and so becomes ethical.
explained in this chapter how the principles of protestant ethics led to the ethical justification
of work efforts and business expansion.
5. Free market philosophy maximizes individual freedom and utility (utilitarianism). It
also leads to better utilization of social and individual potentials and social resources, higher
employment opportunities and overall economic growth and increased real per capita income
(consequentialism).
Against the two extreme views of medieval writers and classical writers, there is an integrative
view taken by Talcott Parsons and others who claim that business is not an extension of morality
nor it can be wholly separated from ethics; both are complementary in nature.
CONTEMPORARY DEVELOPMENT
The issue of ethical consciousness in business can be classified into the following six periods.
However, this periodization is not based on any clear-cut apple-pie order of historical events but is
based on the broad trend with the temper of time. A short account of the historical evolution of the
growth of business ethics in America is given in the following chart (see, Ferrel et al. 2003, pp. 25,
29).
An analysis of contemporary development reveals that business ethics was born Nov. 1974 at
the University of Kansas Conference on Business Ethics (Bowie, 1986). Subsequently, the greed
resulting in “Wall Street Scandals” of the 1980s shocked many observers and instigated them to
think about some suitable changes in the managerial psyche (Bradburn, 2001). As a consequence
of all these, a few things happened in the United States, such as the development of code of ethics,
employees’ rights movement, changed relation between business institutions and civil environment
in which business operates (Kitson and Campbell, 1996).
Before 1960s 1920s: Capitalism was in question and employers were asked to provide fair wages to
employees.
1930s: The New Deal blamed business for the economic predicament and lower
personal income.
1950s: President Truman considered environment problems as ethical issues to be
addressed by business management.
1960s Religious leaders and Catholic Churches raised questions about morality in capitalism,
labour practices, workers’ rights and unfair wages. Many catholic colleges started
courses on social ethics. Religious tradition provided the very building block for the
growth of business ethics.
Consumers’ movement became strong and President Kennedy passed Consumers’
Bill of Rights protecting the safety of consumers from the unethical business practices
in America.
1970s Growth of the idea of corporate social responsibility.
Businessmen became more aware of ethical issues in business and the Watergate
Scandal focused on the importance of ethics in administration and government.
192 Business Ethics and Corporate Governance
Many unethical business practices came to the fore and business ethics became well
entrenched as a subject of study particularly after the conference on the subject in the
University of Kansas in 1974.
1980s Business ethics was formally recognized by various business organizations. 500 courses
were offered in colleges and ethical organizations started growing in leaps and bound.
Defence Industry took the initiative of guiding the corporate sector in matters of
business ethics. The new wave of globalisation was responsible for many structural
and operational changes in business, and since business became more international,
the local rules of business had to be replaced by international ethical values.
1990s This was the period of institutionalization of business ethics. Bill Clinton worked hard
to implement business ethics particularly in health-related business organizations.
Organizational ethical compliance programmes were stringently applied in business
organizations. Companies were forced to formulate their own corporate values and
implement them seriously. Thus, business ethics became institutionalized.
2000s In spite of the institutionalization of business ethics, many business houses in America
did not like the idea and were often involved in scandals. Many person and firms
were involved in accounting scandals, unethical business practices including Arthur
Anderson, Enron, Halliburton, and so on. Laws have been made stringent to make the
Directors and top bosses accountable for discovering the risks associated with ethical
risk in business. It has been realized that ethical reputation of a company may be more
damaging than the financial risks involved.
2. Business ethics is diagnostic in nature. After examining the various aspects of business
dealings, operations and management techniques, it is possible to know the ethical or
non-ethical pathology of the business.
3. Business ethics is evaluative in nature. It makes an evaluation of business dealings, overt
firm behaviour and performance and comes to judge whether a particular business concern is
ethical or not.
4. Business ethics is prescriptive in nature. It makes various prescriptions to eradicate the
unethical behaviour of the firm so that it can be ethical. It suggests many corrective ways and
means to purge the firm out of the morass of moral wrongs.
5. Business ethics sets the moral standard in business as its guiding principle to be followed
in all its dealings with the public, employees, suppliers and consumers.
Objectives/Purposes
● Business ethics teaches us the ethical rules and principles that are relevant for business.
● Business ethics is concerned with the application of ethical standard and values to business.
● Business ethics teaches the manager as to how to run the business on ethical lines.
● The rules of business ethics enable a business firm to identify the areas which are not practicing
ethical principles and therefore can prescribe the necessary ethical code.
● Business ethics can help a firm to make business decisions and strategy which are morally
fair, just and consistent.
Business Ethics: An Overview 195
This guidance is based on certain moral principles that we derive from ethics. Without such a
framework, business may go haywire.
● A company based on ethical principles is trusted by all the stakeholders like customers,
suppliers, employees and the public. The visible and invisible benefits of such a trust may not
be quantified in the short-run under all circumstances but its benefits can be realized in the
long-run.
● A business based on ethics improves its social image which gives it a long standing goodwill
and financial pay off at the end. A better public image brings about many types of positive
externalities and consequences.
● Business ethics improves and strengthens organizational culture at all levels both within
and without. When the whole organization is motivated by a unified culture, the milieu of
work and motivation, compliance and respect for the company automatically improves. This
is indeed a great advantage for not only making a policy but for its implementation as well.
● The strategic value and decision-making goals of a business concern are founded on ethical
beliefs and values and not on its balance sheet position and profit mark-up. While monetary
norms are transitory, ethical values create a solid foundation for all time to come.
● A company which is ethically strong and committed generates a sense of empowerment and
higher productivity than similar other firms which have no ethical foundation.
● Ethically conscious employees and management are responsible for changing the work culture
and motivation towards a better end without any formal inducement or coercion.
● A company run on the basis of business ethics can avoid many types of work-related
conflicts both within and outside the firm. The principles of fairness and justice in running
196 Business Ethics and Corporate Governance
the firm save it from many possible harms, injustice, unfair discrimination and exploitation.
Even if there is any conflict, it can be hoped to be solved on the basis of cooperation, justice
and fairness.
● A business firm that is run on ethical principles can save a lot of money every year as it can
avoid criminal and legal involvement. Indeed, the economic costs of sin are very high. A study
by Morse has revealed that many corporations have paid enormous financial penalties for
acting unethically (Morse, 3003, p.14).
● Many types of market failures that arise from misleading information, lack of trans-
■ Non-injury (no harm) principle. A business firm should not harm anybody.
■ Fairness (Honesty) principle. A business firm must remain honest in its dealings.
■ Human Rights principle. A business firm must respect and maintain human rights.
■ Autonomy principle. A business firm must ensure that it does not make infringement of
● Empiricism: According to this view, the knowledge of moral right or wrong comes to a firm
by experience and empiricism. The experiential knowledge may be acquired by the firm or it
may be vicarious (that is, gathered from others).
● Intuition: The knowledge about what is right and what is wrong is acquired through intuition.
common sense, know what is good and what is morally bad. This rationality is inherent in
human beings and is supplemented by experience, reading of scriptures and association with
rational people.
● Principle of Revelation: This shows that what is already revealed is an important source
of ethical knowledge. This revelation may be known through scriptures, divine knowledge,
experience of others and the age-old traditional teachings, customs or practices.
A study by John Steiner and George Steiner reveals that in the case of the American business, in
general, there are the following six primary sources of ethical knowledge:
1. Philosophical system existing in a country does influence the pattern of business behaviour.
What has been found in actual practice is the influence of a particular type of philosophy on a
particular type of person/class. Some business people are basically influenced by the prevalent
contemporary philosophical consciousness/system.
2. Legal system is an influential factor in business ethics. Good or even bad business people
generally have to follow the existing laws in the country, although the latter sometimes take
advantage of the loopholes of laws.
3. Codes of Conduct. There are various codes of conduct that business people have to adhere to.
These codes relate to operating business policies, company codes, and the Affirmative Ethical
Principles of the American Institute of Certified Public Accountants. Different types of indus-
tries in USA are formulating different appropriate codes for various businesses. The process
of codification of ideal business behaviour is itself a proof of the seriousness of business
ethics in America. However, a simple formulation of codes does not by itself guarantee the
implementation of ideal ethical business behaviour.
4. Cultural Experience. Culture, standards and customs are transmitted from generation to
generation and these become the standard societal norms that are broadly followed without
much questioning. This is one of the ways that individual business norms are influenced and
formed. Cultural experience is a strong guideline for the running of business in a particular
way.
5. Genetic Inheritance. Evolutionary forces of natural selection considerably influence the
development of individual characteristic traits such as proclivity to do good or bad works,
cooperative spirit and conflicting attitudes, and so on. These traits vary from individual to
individual and can explain broadly the ethical or unethical human behaviour in business and
society.
6. Religion and Religiosity. Religion is a very strong force in individual actions and behaviour,
and every religion does teach more or less the same type of absolute ethical or moral behaviour
regarding what is good and what is bad. However, some people are religious but not spiritual;
they do not strictly follow and practice the basic religious teachings and nomological axioms
particularly in the conduct of business.
198 Business Ethics and Corporate Governance
In many Eastern countries, religion is very strictly adhered to. For instance, Confucianism in
China and Japan, Hinduism in India and Islam in the Islamic countries, has established themselves
as the basic external (or internal) sources of morality. But in the United States, the external source
of morality seems to be very weak, although Christianity remains a generalized type of religion.
The influence of religion on the American business psyche is minimal or marginal. This is so
because the materialist culture generated by the philosophy of capitalism or marketism always
gains the upper-hand.
This view is complacent but not necessarily correct. The point is that a good
person or a reasonable person is not necessarily a moral person. For instance,
a manager may be very courteous and polite in his behaviour but he may be
quite unethical in his business. He may be an adulterer, engaged in manipulating
accounts or may be out and out a corrupt person. A good behaviour may be a
mask.
Myth # Seven: Business and Ethics cannot go together.
This is a very popular myth, but like all the other myths it is empirically incorrect.
It is sometimes pointed out that business people are not necessarily immoral but
may be amoral. Some people, however, believe that the statement that businessmen
are amoral is in itself a myth (DeGeorge, 1999).
They are very much involved in shady deals as history has proved in many
countries including the United States in the Twentieth century. Many other cases
also prove to the contrary that business can run very well on the basis of honesty
and morality. Many business houses accept the age-old truth that honesty is the
best policy.
Myth # Eight: Business ethics is a personal or private matter and not for public debate or
practice.
This view is held to be true by many including Milton Friedman, a noted
economist. According to this view, corporate social responsibility, which is an
extension of the principles of business ethics, is not appropriate for the business
world. This is so because business men are not professionally trained to perform
such responsibilities (Friedman, 1970, Sept. 13).
However, the truth of the matter is that individuals have to make business
decisions by taking into account the milieu, the institutional matrix and the legal
framework. If they work in a socially irresponsible way, they have to pay the
penalty. Hence, business needs to be socially responsible.
Myth # Nine: Good business means good ethics.
A question that at once can be asked is–what is good business? Does it mean
good profit, good market share or good volume of sales? Whatever be the answer
in this case, it does not imply good ethics in a compelling sense. One can have,
say, a thriving pharmaceutical business but the medicines may be cheaper but
sub-standard, and this fact is not known to the public, so the sale continues. For
instance, a blood pressure lowering medicine amlodipine basilate tablet for which
the correct dose is 5 mg. and the same is written on the label may actually contain
less than the recommended dose. This type of cheating remains unknown for
quite sometime to the customers.
Myth # Ten: Ethics in business is always relative.
This popular myth says that there is nothing which is either right or wrong. Ethics
is a relative term.
A relevant question may be asked: relative to what? If it is relative to the
attitude of the businessman, then practically anything that is unethical can be
200 Business Ethics and Corporate Governance
justified by him. Although, ethics is a relative term, it does not mean that there
cannot be anything that is unethical. In fact, there are absolute notions of certain
values. Thus, cheating in business is cheating; no relativity of ethics will justify
it. There are certain virtues in business which are absolute, like, honesty, truth,
transparency, sincerity, and so on.
Summary
Business ethics is the application of the principles of ethics in the area of business and commerce.
There are many interconnections between ethics and business ethics. Theories of ethics supply
concepts and precepts, set our analytical guidelines and provide ethical models or frameworks for
solving ethical dilemmas and other related problems. Business ethics has undergone a long period
of historical evolution beginning from the medieval period through the 1970s when it was formally
well-entrenched as an independent, full-fledged discipline. Reformation movement and the rise of
Protestantism gave some valuable impetus to the growth of the subject. In the 1980s, about 500
courses were offered in colleges in advanced countries on the subject. Since globalization has made
business international in character, every corner of the earth is eager to learn more about business
ethics and international business practices.
Basically the subject of business ethics is normative in character. It is analytical, diagnostic,
evaluative, prescriptive, and it sets a moral standard to be followed. Its scope is very wide including
within its fold various types of organizations, institutions, customers, banks, corporate houses and
private buyers and sellers of all varieties. In the contemporary world, business ethics is playing
an inclusive role in the administration of communities, in explaining cross-country differences
in business practices, in the management of environment and also in workplaces. The modern
tendency is to follow the dictates of ethical pluralism superimposed on the principle of ethical
relativity. This trend is gaining popularity in the context of globalization and internationalization.
Business ethics has been found to be necessary to guide and uphold the interests of stake
holders in a business and has placed considerable importance on the performance of corporate
social responsibility. Business ethics has many micro and macro ramifications and it strengthens the
organizational culture and creates a solid foundation for a business. As a result, many stakeholders
feel more secure, empowered and many types of conflicts are now avoidable in the business world.
In the long-run, business ethics has been found to be beneficial to a firm. It spreads goodwill, creates
more confidence among the stakeholders and makes business more trustworthy. The knowledge
of business ethics is gathered from various sources including the natural laws, empiricism, inner
voice, religious scriptures, legal system, cultural practices and the principle of rationality. There are
of course many myths about business ethics. Most of these myths consider business as irrelevant to
ethics. It is wrongly argued that ethics is most suitable to philosophers, religious persons and not to
managers. This view is incorrect. It is also equally an erroneous view that obedience to laws means
obedience to ethics. Ethics is a moral discipline and is designed to reform our mental attitudes,
whereas the law of the land is only to control the external individual behaviour. The two can of
course go a long way and then they must change their respective trajectories.
Business Ethics: An Overview 201
Key Terms
Business Ethics Puritanism Naturalist Approach
Veracity Principle Market Philosophy Parables of Talents
Calvinism Normative Approach
Review Questions
1. Distinguish between ethics and business ethics.
2. Explain the need and basic objectives of business ethics.
3. Why should you study business ethics?
4. What are the main sources of the knowledge of business ethics?
5. Enumerate the scope of business ethics.
Web Links
1. http://media.wiley.com/product_data/excerpt/45/04712305/0471230545.pdf
[Introduction to Business Ethics]
2. http://www.hks.harvard.edu/m-rcbg/CSRI/publications/workingpaper_19_michael.pdf
[Business Ethics: The Law of Rules]
3. http://web.tepper.cmu.edu/ethics/whybizethics.pdf [Why Business Ethics?]
4. http://portal.unesco.org/education/en/files/53748/11840802765Baker.pdf/Baker.pdf
[A Reflection on Business Ethics]
5. http://501cweb.wordpress.com/2007/02/07/ten-myths-about-business-ethics/
[Ten Myths About Business Ethics]
6. http://www.eubios.info/EJ86/ej86h.htm [New Approaches to Business Ethics]
7. http://www.e-sinessethics.com/PowerPointSlides/ScopeofBEthics.pdf
[The Nature and Scope Business Ethics]
References
Bowie, Norman (1986), “Business Ethics” in J. P. Demarco and R. M. Fox (Eds.), New Directions
in Business Ethics, Routledge and Kegan Paul, London
Bradburn, Roger (2001), Understanding Business Ethics, Continuum, London
Crane, Andrew and Matten, Dirk (2003), Business Ethics: A European Perspective, Oxford
University Press, Oxford
DeGeorge, Robert (1999), Business Ethics, Prentice Hall, USA
Frederick, Robert (2002), A Companion to Business Ethics, Print Publications, USA
Friedman, Milton (1973), “The Social Responsibility of Business is to Increase its Profits”, New
York Times Magazine, 33, 13 September
Ghosh, B. N. (2009), A Tale of Two Economies: Development Dynamics of India and China, Nova
Science Publications, New York
Hartely, Robert (1993), Business Ethics, Amazon Publishing, USA
Laczniak, Gene (1983), Business Ethics: A Manager’s Premier, Pitman Publishing, Boston
McNamara, Carter (2003), Business Ethics, Macmillan, New York
Mores, J. R. (2003), “ The Economic Costs of Sins”, American Enterprise, Vol.14, # 7, October
Weiss, J. W. (2009), Business Ethics: Concepts and Cases, Cengage Learning, New Delhi
CHAPTER 10
LEARNING OBJECTIVES
INTRODUCTION
Immanuel Kant, a celebrated German philosopher, once remarked that there are two mysterious
things in this world—“the starry heavens above and the moral law within”.
The moral laws are not something absolute but are subjective in nature. They are the unfath-
omable noumena of the human mind which can be conceived by thought but cannot be perceived
by experience. Every human being whether a businessman or a commoner has a particular moral
standard but the problem is that such a standard might work at the esoteric plane and its outward
manifestation is at variance with the covert predisposition. This incongruence is the source of many
problems, both personal and impersonal.
Ethics and Business: Codes, Dilemmas and Dialectics 205
As a matter of fact, morality, ethics, right and wrong are all, in a sense, relative terms and they
cannot be uniquely defined. The standard of morality differs from country to country and from
situation to situation. Ethics, which was once the domain of philosophy, is now being applied
to various professions including business a profession that is dominated more often than not by
materialistic considerations of life and has been witnessing scams and scandals across the globe.
It is gratifying to note that since 1970s, ethics has entered the arena of business and has been
influencing many business decisions through the adoption of corporate social responsibility. The
present chapter will discuss a number of issues that plague the application of ethics in business.
The prominent among these are: the justification of ethics in the running of business enterprises,
unethical practices in business, ethical dilemmas and ethical dialectics.
social welfare such as setting up a school, building a road or any other social infrastructure.
The concept of ethical responsibility is a bit different as it gives a moral responsibility to a
person to do certain things. Thus, for a manager it is a moral responsibility to ensure that his
employees are given a reasonably good working environment. The improvement of working
conditions for employees and the production and circulation of safe and useful products
among the customers are all examples of moral or ethical responsibility of a manager.
● The basic purpose of social responsibility is to help the society to enjoy certain benefits and
it may involve the production of some public goods like roads, provision of drinking water
and so forth. The purpose of ethical responsibility is to develop the ethical standard of givers
and/or receivers. There can be both positive and negative ethical responsibility. Whereas the
positive ethical responsibility is done through the construction of some projects and initi-
ation of some activities (like building a church or a temple in a locality), the negative ethical
responsibility is to eliminate some morally bad things from a particular area. The purpose is
to prevent something which is ethically wrong. For instance, a liquor shop is dislocated from
a college area a public institution.
● What is generally expected of a business enterprise is social responsibility and not ethical
responsibility. It is not proper to assign to a business house the responsibility of moral devel-
opment of people. Ethical responsibility is more compelling, demanding and complicated.
Thus, it is too much to ask a businessman to take or give bribe. This is an ethical issue and is
difficult to implement.
206 Business Ethics and Corporate Governance
improves the working conditions of its employees, does it mean it has performed some ethical
responsibility? Not necessarily.
● It is equally problematic to demarcate the boundaries of ethical responsibility. For instance,
a business company has built a new road and it claims that it has performed some ethical
responsibility. It may not be correct because the road is built for the purpose of its own conve-
nience for the movement of men and material.
Ethics and Business: Codes, Dilemmas and Dialectics 207
● It is often difficult to identify the fine line that distinguishes between ethical and non-ethical
responsibilities. Many things are made and unmade by companies, but all of them may not be
ethical. For instance, a business house establishes an MBA institute. It does not necessarily
mean that it is spreading education in the community. It may be simply to earn profit. The
problem is that a particular work can be interpreted as a work of ethical responsibility or a
work to enhance private profit. Things depend a great deal on how one looks at it.
The above-mentioned points conveying the practical difficulty of implementing the ethical
responsibility of business do not exonerate business firms to shirk from ethical responsibilities.
Most of the arguments put forward against the imposition of ethical business responsibilities are
feather-bedding arguments; they are more sentimental and funky rather than real.
many other alternative objectives of business enterprises which I have discussed elsewhere
(for details see Ghosh, 2010, Chapter 2). Some of these alternative objectives of firms are:
sales maximization, revenue maximization, assets maximization, goodwill maximization and
maximization of market power or market share. To say the least, Friedman has taken a very
archaic view of the philosophy of business firms.
● If profit is maximised all the time without any restraint, as Friedman advocates, the result
will be the growth of monopoly which will lead to less supply of output, higher prices and
the concentration of monopoly power. All these are unethical in a free-market economy. In
a competitive economy, as Karl Marx observed, the firm which becomes more competitive
and efficient, will turn into monopoly. Once monopoly is generated, it is very difficult for the
government to control it.
● Friedman talks about the free-market economy. Except in a few countries in the developed
world, most world economies are mixed economies dominated both by the private and the
public sectors. Given the nature and stages of development of these economies, both ethical
and social responsibilities of business become imperative, for many of these business houses
are engaged in unethical business activities (see the last section of this chapter) at the cost
of the society.
● The automatic market mechanism that both Adam Smith and Friedman believe is
not so automatic. The invisible hands operating through the market mechanism have to be
controlled by the visible hands of the state. Unless some social or ethical responsibility is
fixed for firms, they may prove dangerous for the society. Friedman plays down the potential
danger of these unethical firms for the human society.
208 Business Ethics and Corporate Governance
● Friedman has observed that the profit maximization goal must be pursued by staying within
the rules of the game, that is, without deception and fraud. These idealistic conditions for
the operation of firms do not hold well in modern times. In the name of profit, many firms
do whatever they want to do (Heilbroner et al., 1927). The cases of regulatory capture are
rampant in our times. Under this situation, if the firms do not want to have social responsi-
bilities, they should have at least social sense and sensibilities.
● Working with honesty, integrity and diligence and on the basis of work ethics.
● Everybody should follow the policy of the company and nothing should be done against the
company.
● Confidentiality should be maintained and there should be no disclosure of confidential infor-
● There should no manipulation, abuse or misuse of power and position and non-acceptance of
● Competition with another company can be done with honesty and fair trade practices.
● No insider trading.
● The company should serve well the consumers and ensure adequate after-sales services.
● Goods to be produced by the company should be qualitatively good, reliable and moderately
priced.
● To maintain adequate and effective health and safety measures and employees’ privacy.
● The company employees are to protect the environment and help the government in the
The aforesaid codes will have to be strictly observed by all concerned and if there is any willful
violation of the code, the offender will run the risk of departmental enquiry and even dismissal from
the service. Any conflict in this matter may be brought to the notice of the supervisor. If any other
regulation comes in conflict with the code of conduct in business, the code will be overpowering.
ETHICAL DILEMMAS
Many business managers in their day-to-day working have to face ethical dilemmas, and these
create problems in the process of business decision-making.
In the last two cases, the decision-maker has to make a choice on the basis of his own ethical
perception, judgment, background, ethical intensity and needs; such a choice is not often clear-cut
but involves dilemmas in the sense that one may have to decide whether to choose the more immoral
or less immoral option, as the rewards may be different, or, whether to choose the morally more
right one or the less right one, as the pay offs may be different. “More right” or “less right” is the
mental judgments of the assessor. In the case of two morally wrong situations, the person may
choose the one which brings least harm or injury to the smallest number of people. This may be
called the situation of reverse utilitarianism. Ethical dilemmas are with respect to two situations
created by two institutions or value systems. The typology of dilemma may involve the following
situations:
● Organization vs Persons (Employees)
● Persons vs Society
● Organization vs Law
● Organization vs Society
● Person vs Law
● Right vs Right
● Wrong vs Wrong
● Right vs Wrong
The basic causes of ethical dilemmas are the clash of two situations where one may be right and
the other may be wrong, both may be wrong, or both may be right. A dilemma is the outcome of a
mental perception (psychological) about a critical situation involving choice. The perceptual clash
may occur in the following ways: (see Davis and Frederick, 1983).
● The dilemma may be due to a clash between personal values and the organizational
senior police officer may ask you to give him every month Rs. one lakh and also urges you
to take money from your subordinate officers in the same way. You are told that he would not
check the amount of money that you take as bribes from the cases you investigate.
● The dilemma may be caused by a clash between organization practices and personal
beliefs. For instance, you may not like racial or gender discrimination. But your boss wants to
practice it and continue the trend.
● Pressure from organization may also cause ethical dilemma. The CEO, your boss, wants
you to produce and sell hazardous or adulterated products in an organised way, which you do
not want. This, then, will create a dilemma in your mind. As empirical cases show, a moral
person often faces more ethical dilemmas than an immoral person.
In each one of these cases of ethical dilemmas, the solution can depend on any prejudiced
preconception. Each case of ethical dilemmas is a different world and the decision has to be based
on circumstances. However, some general naïve views may be useful to remember.
In the first case, it is better to resolve the issue in favour of social gain and sacrifice the individual
gain. This is particularly so if the decision-maker is a consequentialist or utilitarian. However, this
cannot be generalised. Suppose, your father and a renowned surgeon who can save hundreds of
lives, are in a boat which is sinking and you can save one of them. Whom will you save? Utili-
tarian ethics will suggest that it is ethical to save the surgeon. But the ethics of care will say that
you should save your father. Many a times, ethical theories are themselves conflicting in resolving
ethical dilemmas. The best way is to listen to your inner voice and make the decision.
The third case is similar in nature. Suppose your accountant has done something unlawful. You
are in a dilemma as to what to do? There are two alternatives to solve this problem. If you follow
the theory of justice, you may hand him over to the police and let the law take its own course, or you
may show mercy and let him go by giving some warnings. If you are religious minded, perhaps you
will show mercy considering the Biblical dictum that “mercy triumphs over judgment”.
In resolving the conflict between truth vs. loyalty [Case (ii)], ethicists will recommend the
superiority of truth. But in that case one needs to examine the consequences and bear with them.
This is not an easy job.
Ethical resolution in the case of ethical dilemma involving a short-run and a long-run gain is
a problematic issue [Case (iv)]. Nothing can be said by way of generalization. In some cases,
short-run benefit is considered more attractive than a long-run gain. But the opposite is also true
under many situations. The merit of the case is the critical consideration. If possible, it is advisable
to make a compromise between short-period and long-period gains. The realization of a short-run
goal must not stand in the way of a long-term ethical goal or desideratum. Sometimes, it is possible
to work out an optimal combination which is consistent with the ethical core values. A trade-off or a
compromise can be worked out between the short-run and long-run objectives. For instance, a firm’s
short-run objective may be to maximise savings and the long-run objective may be to maximise
the goodwill through performing corporate social responsibility. However, if the short-run goal is
emphasised too much, the long-run desideratum will suffer, for there will be no resources available.
Likewise, if the long-run goal of corporate social responsibility is too much stressed, the short-run
objective of maximization of the savings will get a jolt, and in the course of time, the long-run goal
will remain unfulfilled. Hence, it is prudent to make reconciliation between these two basic objec-
tives. These objectives need to be made complementary and not competitive.
● It is, at times, necessary to make a compromise. A policy trade-off in this context may be
very essential. There may be many points of policy trade-off, and depending on the prevailing
Ethics and Business: Codes, Dilemmas and Dialectics 213
as possible on a cognitive ethical principle with justification. All ethical theories are not
equally applicable every time in all types of ethical dilemma resolution.
● The principle of universalism has much to recommend in the resolution of ethical conflict
and dilemmas. Resolve the ethical dilemmas in such a way that will win everybody’s approval
in the given situation.
● A balanced approach to the resolution of ethical dilemmas is immensely necessary to make
it acceptable to all types of stakeholders. There are many types and balances that one should
keep in mind. There should be a balance between private gain and social gain; a balance
between cost and benefits; balance between the present and the future prospects; balance
between the organizational values, personal values, and so on.
The genesis and nature of ethical dilemma can also be understood by ethical dialectics. The
following section explains briefly its essential features.
conditions under which the system exists. The explanation of the growth of business ethics as a
subject needs to be understood in this context of evolutionary interactions. Dialectics replaces the
concept of things by the concept of process that explains the involved history, relations and future.
Dialectical approach begins with the whole system and then it proceeds to an explanation of the
parts to see where they fit and how they function. The whole business system, in its macrocosmic
sense, is taken to explain the relevance of ethics in this approach and then one can analyse the micro
functional aspect of business in relation to ethics. It needs to be appreciated that the parts of the
whole are always connected and interact with each other in the area of business and commerce. The
whole purpose of the study of ethical dialectics is to explain ethical dilemmas in business and
also to understand the ontology of business ethics.
Ethical dialectics can be interpreted as an interrelated dimension of business dilemmas. Dialectics
considers everything from the perspective of changes and explains a situation in terms of involved
relations and relational changes (Sherman, 1995). Thus, in order to explain the ethical perspective
in business, it is imperative to bring to focus the whole gamut of relations within the business
organizations and outside it, and account for the systemic changes that have occurred. Business
dilemmas and conflicts can best be understood in terms of ethical dialectics.
Kodaikanal in Tamil Nadu (Chokhani, 2005). The company has a record of many good social
activities and gradually it discontinued the project in Tamil Nadu. Whether advertent or inadvertent,
these types of lapses from business companies are rampant in less developed countries. Because of
many anti-social and unethical activities, businessmen, since past have been carrying an unsavory
image. I have elsewhere discussed the historicity of the tarnished image of business at some length
(Ghosh, 2004, Ch.1), so let me be brief it here.
The Greek philosophers in the Fifth Century B.C. idealised the life of contemplation. Aristotle
condemned monopoly and usury, and considered trade as a virile activity. In the medieval society,
life of meditation was highly acclaimed. In scholastic economy, trade was considered as undig-
nified. It was thought to be so even in Greece. Merchants were one round higher in status than the
untouchables. Luther, a reformer, hated economic activities like trade, credit, capitalist enterprises,
and so forth. However, this attitude underwent a change from the time of Calvin. Calvinism was
opposed to self-indulgence but not to accumulation of riches. Calvin developed the idea of spiritual
callings to materialise the activities relating to worldly resources. The growth of Protestantism
emphasized certain character traits that were helpful for the development of business activities. The
Protestants actively associated themselves with business and industry.
The growth of Marxism and the spread of communist ideology replaced the will of God by
materialistic dialectics. Capitalism was regarded as the most progressive mode of production
and its basic philosophy was the creation of surplus value through the exploitation of labour and
capital accumulation at a crazy speed to survive in the rate race of a competitive game. The same
philosophy that does not recognise any God does, still, continue in business.
As historical evidence reveals, the group that prospered in business had to break many established
social and ethical norms and standards in the past, and such groups were out-groups and had to go
through the process of social ostracism. In the European community, the Jews were out-grouped
and in India, the Parsis were out-grouped but they were all successful businessmen. Since they had
to disobey the social customs for the sake of business, they were considered as low class people by
some. However, things have changed now in many ways but the unethical activities have multiplied
by many times in the business world. It seems that behind every success in business, there are some
overt or covert crimes.
Some of the social crimes and unethical issues are briefly discussed in the following section.
Disputes Act and Industrial Employment Act among others that prescribe punishment for
sexual harassment. In a very sensational case of Vishaka vs. the State of Rajasthan (1997),
the Supreme Court of India prescribed some guidelines to be followed by organizations in the
case of sexual harassment.
● Forced Labour and Bonded Labour
In India, bonded labour and forced labour in the rural and urban areas is around two per cent
of the total labour force in the country. The incidence is higher in the rural than in the urban
labour market. Bonded child labour is widespread in many parts of Andhra Pradesh, Uttar
Pradesh, Orissa and Bihar. Child labour is rampant in the carpet industry of Uttar Pradesh in
India. Other industries include tea faming, stone quarrying, fireworks, fishing and cigarette
making. Children are also forced to serve as domestic servants, road-side beggars, prostitutes
and shop boys in many Third World countries. These children never get the opportunity to go
to school.
● Sweat Shops
These shops are abundant in a country like India and include the places where all types of
manual, unskilled and women labourers have to work to eke out a living. They make toys,
shoes, and cheap quality consumer goods. The wage is very low and irregular and the working
conditions are inhuman, to say the least, with no fans, sometimes no electricity, no pure
drinking water and no sanitation facilities. Numerous abuses are reported in sweat shops but
no one cares.
● Discriminations
Various types of discriminations including gender discrimination, age discrimination, and
racial and minorities discrimination are openly practiced by business houses. Favouritism,
nepotism and casteism dominate the job market in India. Discrimination is prevalent not only
at the entry point but also in job allocation and promotion. There are also glass ceilings
that prevent the ethnic minorities and women to reach the upper echelons of the corporate
sector in many countries including the United States. In United Sates, the Hispanic, the Asian
American and the African labourers do not have the same wage structure. There are serious
wage and job discriminations.
● Fraud
A fraud is a type of theft by deception. Fraud may be a violation of civil law (Law of Tort)
and/or a violation of criminal law. A fraud is a deliberate misrepresentation of facts that
causes the other party to suffer loss or damage. Who does not know the case of World Com
Accounting Fraud? Impersonation constitutes another kind of fraud (see, Daily Mail, 30 May
1995). There are many types of fraud being practiced by people. Some of these are: forgery,
quackery, Ponzi-type schemes, money-doubling scam, mobile phone fraud, telemarketing
fraud, chit-fund fraud, phishing (acquiring sensitive information to defraud somebody), and
so on.
● Theft
The corporate sector every year loses a huge amount of money through theft by disgruntled
workers, security personnel, store operators, suppliers, waste contractors, staff purchasers, and
so on. Both big officials and lower grade persons are involved in company theft. Corporate
218 Business Ethics and Corporate Governance
theft is possible because of many types of lapses and loopholes in the system of corporate
management. A study by the University of Florida (2000) found that a substantial amount of
losses (about 45 per cent) in the studied companies was due to theft by disgruntled workers.
● Corruption
Corruption is the abuse of public offices and power for private gain. The gain may be financial
or in kind or any other temptation. There are many forms of corruption such as bribery,
kickbacks, extortion and the like. Absence of accountability and transparency and lack of
proper control are the basic causes of corruption. Corruption index is rising in every country,
for both India and China it was 70 (out of 183 countries) till recently. However, a survey
by Transparency International (2010) shows that corruption perception index has increased
for India (3.3) and reduced for China (3.5) out of 178 countries (higher value means lower
corruption and lower value means higher corruption). According to the same survey, while
Denmark, New Zealand and Singapore are voted to be the cleanest, Somalia is classified as
the most corrupt.
Corruption is anti-development as it misallocates resources, is anti-poor, anti-democratic
and anti-national, to say the least. Corruption is a function of many factors including personal
values, social values, nature of governance, the legal framework and institutional competence
to combat corruption. Unless these are favourably refurbished, there is no hope of a better
tomorrow.
Summary
Business ethics is now the word of the day. At this stage, it is necessary to understand the differ-
ences between ethical responsibility and social responsibility of business. Social responsibility is
towards the society and ethical responsibility is mainly towards the organization and its employees.
The purpose of social responsibility is to promote social development, but ethical responsibility is a
type of moral responsibility to ensure that employees enjoy a reasonably good working atmosphere
and also get some opportunity for their moral development too.
Social responsibilities of business have been discussed by both Adam Smith and Milton
Friedman. However, their views are different. Smith asserts that although business people are
primarily motivated by self-interest, they are indirectly contributing to common good and social
welfare. Smith’s enlightened capitalism shows that even in capitalism, there is the possibility of
social welfare maximization.
Friedman, however, argues that the basic objective of business is to maximise profits. However,
critics point out that if profit is maximised all the time, there is a possibility of the growth of
monopoly. He talks about free-market economies, but such economies need direction; otherwise
there may be market failures.
In the process of making business, businessmen are likely to confront dilemmas. It is a situation
involving an ethical issue for which a clear-cut answer becomes difficult. Dilemmas may arise out
of a clash between the personal interest and the organizational interest. It may be between two
wrong alternatives or two right alternatives. Dilemmas may come from various sources: family,
organization, society, and so on.
Ethics and Business: Codes, Dilemmas and Dialectics 219
Dilemmas can be resolved in many ways like compromise, taking recourse to the legal framework
or by making a reasonable sacrifice. Dilemmas can also be studied in terms of dialectics to under-
stand the nature of the conflict. Today, because of various types of scams and scandals, business
people have a tarnished image. Such an image is created by a few business houses and, in some
cases such business houses do perform some social responsibilities. But bad news spreads like
wildfire and it suppresses all good records. The reason behind the bad image is greed and the
propensity to accumulate money even with bad means.
The business sector everywhere in the world is involved in many types of unethical practices
like fraud, discrimination, sexual harassment at workplaces, forced labour, exploitation of labour,
sweat shops and corruption. The psychology of greed for the purpose of going ahead of someone in
competition is the basic reason for the tarnished image of business today.
Key Terms
Review Questions
1. Do business people have any social responsibility? Explain your view.
2. What is an ethical dilemma? Analyse its basic causes.
3. Write a short note on ethical dialectics. How is this concept related to ethical dilemma?
4. Explain the views of Adam Smith and Milton Friedman on social responsibility of business.
5. Critically discuss the main points of Friedman’s argument against business social responsi-
bility.
6. How do you propose to solve ethical dilemmas in business?
7. Why is the business world full of unethical practices? Explain your views.
Web Links
1. http://www.leaderu.com/orgs/probe/docs/bus-ethi.html
[“Business” and “Ethics “Can These Terms Be Used in the Same Title?]
2. http://www.independent.co.uk/student/postgraduate/mbas-guide/do-ethics-have-any-busi-
ness-in-the-workplace-1989377.html [Do Ethics Have Any Business in the Workplace?]
3. http://www.succezz.com/Articles/business-ethics-dilemma4.html
[Ethical Dilemmas in Business]
4. http://www.ed.uiuc.edu/eps/PES-Yearbook/97_docs/vokey.html
[Towards a Dialectical Ethics beyond Objectivism and Relativism]
5. http://www.buzzle.com/articles/ethical-and-unethical-business-practices.html
[Ethical and Unethical Business Practices]
6. http://www.colorado.edu/studentgroups/libertarians/issues/friedman-soc-resp-business.html
[The Social Responsibility of Business is to Increase its Profits]
222 Business Ethics and Corporate Governance
References
Bowie, Norman (1990), “Empowering People as an End of Business” in Enderle, G. et al. (Eds.),
People in Corporations: Ethical Responsibilities and Corporate Effectiveness, Kluwer
Academic Press, Netherlands
Buren, Van (2006), “Why Does Business have Such a Negative Image?”, Anderson School of
Management Publication (available at the Internet)
Chokhani, Anand (2005), “Ethical and Unethical Practices of Hindustan Lever Ltd.”, LIBRA,
Chennai
Davis, K. and Frederick, W.C. (1983), Business and Society: Management, Public Policy, Ethics,
McGraw Hill, New York
Ferrell, O.C. et al. (2003), Business Ethics: A Case Persoective, Cengage, New Delhi
Friedman, Milton (1970), “Social Responsibility of Business is to Increase its Profits”, New York
Times Magazine, Sept.13
Gandhi, Mahatma (1909), “Speech at Friends’ Meeting House, Hampstead”, India, 22 October
Ghosh, B.N.(1990), Political Economy: A Marxist Approach, Macmillan, Delhi
Ghosh, B. N.(2001), From Market Failure to Government Failure, Wisdom House, UK
Ghosh, B.N.(2004), Development Economics: Principles, Practice and Policy, Wisdom House,
UK
Ghosh, B.N. (2007), “Understanding Gandhian Dialectics”, Humanomics, Vol. 23, #4
Ghosh, B. N. (2010), Managerial Economics and Business Decisions, Ane Books, Delhi
Heilbroner, Robert et al. (1927), In the Name of Profit, Doubleday, New York
Sherman, H.J. (1995), Reinventing Marxism, Johns Hopkins University, Baltimore, USA
Smith, Adam (2000), The Theory of Moral Sentiments, Vol. 2, Prometheus, New York
Steiner, G.A and Steiner, J.F. (1988), Business, Government and Society, Random House, New
York
CHAPTER 11
Functional Areas in
Business Management:
Some Ethical Issues
LEARNING OBJECTIVES
INTRODUCTION
President Roosevelt and Winston Churchill were great friends. Once, Roosevelt wanted to meet
Churchill without any prior engagement or appointment. When Roosevelt entered into his room,
Churchill was completely naked and was getting himself massaged. Churchill was not at all ashamed.
He said, “Everything is open before you, I have nothing to hide from you”. This is, indeed, the spirit
of transparency where everything is open except the physical body. As it is well-known, many of
the financial and accounting scams and scandals in our times are occurring more because of its
absence rather than its presence. Transparency and accountability are the two critical words in
the corporate world especially in the areas of functional management.
The functional areas in business management are concerned with the practical application of
management principles in different fields of day-to-day business activities. These areas are human
resource management, advertisement, marketing, finance, information technology, and so on. In all
224 Business Ethics and Corporate Governance
such activities, cognitive ethical principles need to be followed. The general ethical principles that
these areas are supposed to apply are: justice and fairness in all dealings, producing good conse-
quences to individuals and society, no harm or injury to any individual, respect towards individuals,
obeying of certain categorical imperatives, respect for individual rights including human rights and
creation of common good or social welfare.
The present chapter will discuss the ethical issues in the management of functional areas. In
particular, it will focus on the ethical norms and unethical practices in various fields of management
and also on associated problems and their impact on business policy and strategy. The chapter is not
meant to teach management principles but to expose the unethical practices in the functional areas
of business management.
● Truthfulness in disclosing the quality and effect of the product being sold (no hiding of infor-
mation)
The British Code of Advertising Practice is based on the four fundamental ethical principles—
Truthfulness, Legality, Honesty and Decency. The basic purpose of advertisements is supplying
information about a product and generating a persuasion to buy it. The consequentialist philosophy
will say that an advertisement is good for the society if it brings happiness to the largest number of
people and especially so if the marketing of the product does have the same effect. However, if the
advertisement of the product and the product itself brings any harm or injury to the largest number
of people, then both the advertisement and the product marketing are unethical. A note of caveat!
If the product is good but its advertisement is unethical, the advertisement is not acceptable. On the
other hand, if the advertisement is good (ethical) but the product is not good, the whole marketing
process becomes unethical.
what is written as MRP on the label. Many sellers use discriminatory pricing policy. There may
also be dumping of goods at a very low price just to capture the market at present and to increase
the prices at a later date.
Packaging: Does not often mention the safety instruction or level and no expiry date. Packaging
may be done with harmful materials like plastics.
Placing (Distribution): May be often uneven but, certain products are not distributed in all the
areas and an artificial scarcity is created by the dealers to charge higher prices. Many products that
are distributed in the market are pirated or violate the copyright act. Shoddy and adulterated goods
(like medicines) are also sold by bribing the hospital directors or purchase officers.
Promotion (Advertisements): Promotion of the product through advertisement is the most
unethical part of marketing.
Advertisements: As H.G. Wells once remarked, advertisement is a sort of legalized lying. Very
often it makes false claims, and is deceitful and implies cheating. The products which are used
for slimming, improving skin colour and hair growth might be misleading and false. Products like
fairness cream, slimming tea or belt, or new hair growth formula are all hoax, and unsuspecting
customers are duped by these types of unethical ads. Sometimes, foreign names are used as brand
names to dupe the customers who think that the product might have been imported for the local
market. Thus, such brands are misleading. Very often, in the advertisement for tobacco or alcohol
a surrogate advertisement is used that shows these products not directly but along with another
product or occasion like a big royal party or a get together. In many advertisements these days,
young girls are shown in skimpy outfit for sex appeal in order to woo would-be customers. TV ads
are notorious for this matter. Such ads might have a negative impact on young school-going kids.
It argues that while buying/selling a product, the seller and the consumer enter into an implicit
contract that protects the buyer from the risk of the product, if any, and he expects some
satisfaction out of the product, and the seller is giving him the value for money and also the
assurance that necessary after-sales services will be provided whenever required.
● Social Cost Theory
The theory argues that the product sold should not create extra social cost by creating negative
utility, sickness, disease and environmental degradation, loss of life and any other type of
social danger.
Functional Areas in Business Management: Some Ethical Issues 227
● There should be no information asymmetry about the product between the seller and the
buyer.
● Proper marketing and advertisement ethics for selling products.
● Protection against unfair trade practices and unfair and false advertisement.
Many of the states in the world are coming forward to protect consumer rights. However,
substantive laws in this regard are still inadequate and they do not cover many aspects of consumer
exploitation and cheating by sellers. It is expected that consumer ethics will take care of these
burning issues.
Operational Desiderata
● To ensure that adequate amount of finance is available when it is necessary to make an
investment.
● To efficiently use the financial resources for the benefit of the company.
● To make safe and sound investment that generates a stream of cash flow.
● To ensure that investments leads to net benefits over costs.
Social Desiderata
● To make timely payments of wages, interest and taxes, a reasonable amount of dividend. The
social desiderate also may include, in some cases, a payment for social work to fulfill social
responsibilities.
A proper financial management, however, depends on the correctness of information and its
flow. If there is an uneven flow of information across the market, the financial market dynamics
cannot work in an optimum way (Boatright, 1999).
outsiders get less number of such shares. It is one of the undesirable situations when company
executives pass the information on to some selected people. T.T. Krishnamachari (1958) had
to resign as the Commerce Minister to buy the shares of Mundhra. He was involved in the
insider trading as he was invested with all the information. In 2008, the CFO of Wockhardt
was found guilty of insider trading in India (Business Standard, December 12, 2008)
● Merger of companies may be a financial stunt. A good company merges with an old
company in order to evade taxes or to reduce competition. After merger, the joint company
becomes strong and it is possible to increase prices and market share. Sometimes merger is
resorted to take advantage of the brand image of one of the companies.
● Another unethical financial issue is creating unusual delay in making payments to suppliers,
taxes, excise duties and other legal payments.
● Many companies open accounts in different banks to avoid taxes and avoid adjustments
against loans.
● Companies may create many independent subsidiaries and make ‘benami’ property
transactions to avoid payments to government and taxes.
● Financial irregularities also include cheating employees in the matter of payment of regular
wages, medical bills, bonus, LTC, children’s tuition fees, and so on.
● Companies falsify bills of purchase to inflate cost in order to reduce taxes.
● Loans are often taken from those institutions which are ready to do some personal
favour.
● Sometimes, excessive or inappropriate trading on behalf of a client is done by a broker.
This is called churning. It is a breach of fiduciary duty. Since the broker has access to the
account of a client, he does this churning for increasing his commission rather than benefitting
the client.
● Many a time a company does not share the correct information in the stock market. It
commits fraud and there is information asymmetry. The practice is unethical.
● The banking sector is not free from fraud. Several types of frauds are committed in
the banking sector as well (see for details, Nainta, 2005). These frauds are of three types:
involving banking officials, non-involvement of banking officials but there may be the element
of dereliction of duties, or frauds committed by outside elements. There may also be frauds
through forgery of signature, misuse of credit cards, and so on. In a sensational case of fraud,
a Chennai-based fraudster was arrested in 2006 for taking loans from different banks to the
tune of more than a million rupees by using a colour photocopy of the same property for home
loans (Reporter, The Hindu, September 7, 2006).
the situation and manage the company in a better way in terms of finance and accounts. Anderson
was doing his job lackadaisically and unethically. Let us now turn to the basic unethical issues in
company accounting.
● Misappropriation by not recording the cash receipts. This may be from the recovery of
bad loans, cash sales, under-recording of sales proceeds, and so on. The amount may be
embezzled.
● Misappropriation of cash payments. Cash payment may be inflated, not made at all or a
ities, higher sales, and so on. False entries are made in the books of account to show very
good financial position of the company. This is called window dressing. For instance, it
can be done by recording fictitious sales or profits and the like. This is done to befool the
public.
● There are many ways to manipulate accounts. A few will make the situation clear.
For instance, liabilities may be shown as higher or lower, profit may be shown as higher or lower,
depreciation may be shown as higher or lower, and so on as the situation demands.
In India, as in many other countries, books of accounts are manipulated often by some renowned
firms. This can be known from annual company reports. Accountants are considered important
professionals for an impeccable financial management and they are expected to maintain integrity
and a high level of professional ethics (see Chapter 12). But unfortunately they instead follow many
unethical practices.
What is HRM?
Narrowly defined, HRM consists of acquisition, development and utilization of workforce for the
benefit of a business organization. Broadly speaking, it includes recruitment, training, positioning,
allocation, motivation, performance appraisal, promotional policy, welfare consideration, workforce
strategy and policy, forecasting of workforce demand and supply, and developing a committed
workforce through a healthy relationship between the employer and the employees and also between
the employees themselves to work as an organized team.
Functional Areas in Business Management: Some Ethical Issues 231
skill or academic qualifications to overall personality endowment, or what is called soft skill
development (For details on soft skill development, see, Ghosh, 2011).
● Internationally useful skills are given more importance than locally useful skills. These include
productivity to value creation that includes the idea of value added as well as ethicality and
human values.
● There has been a definite shift of emphasis from a legalised and formalised settlement of
conflict to a more personalized and humanized system of resolution of discord and dissen-
sions.
Challenges in HRM
Several challenging areas have come to the surface in the matter of HRM particularly in the era of
globalization in addition to the traditional problematic areas. Some of these challenging situations
will be pointed out in the following points:
● The training of workforce poses a challenge. Not only does it involve funds but also a choice
of the right type of training that the organization will need both in the short-run and in the
long-run. Another connected problem is that after training, many of the trainees leave the
organization.
● The problem of brain drain is a real challenge to those organizations that need highly qualified
workforce. The issue is how to retain them. Globalization has made labour more mobile and
footloose, and hence, the retention of good labour is indeed a problem.
● To maintain allocative efficiency where the productivity of a factor is just equal to its remuner-
ation, is also a challenge. This is so because the firms do not, strictly speaking, calculate the
marginal productivity of labour before making the factor payments.
● The removal of discrimination is a tricky issue. The discrimination may be due to age, race,
caste, religion, and so on. There may also be gender discrimination in recruitment, promotion,
allocation of jobs, and so on. Sometimes, it becomes a very sensitive issue. Connected to this
issue is the problem of reverse discrimination where the weaker section has already been
enjoying a favourable position for a long time. Thus, there is a reverse discrimination for
those who are discriminated now (may be high-caste employees). How to solve this problem?
There is no easy solution.
● Pay differences among various ladders of services or jobs are substantial in some firms. For
instances, in many educational institutions in foreign countries (as in Malaysia), the pay of a
lecturer is 3,000 Ringgit per month but the pay of a Professor is 15,000 Ringgit. Both these
232 Business Ethics and Corporate Governance
posts need doctorate degrees. Is such a difference in pay justified? The removal of such a gap
in pay is a great challenge for some firms.
● There may also be a problem of alienation among some employees; it may be an alienation
from the product, alienation from organization and alienation from the working environment.
With the growth of sophisticated and expensive products being produced by factories, the
ordinary workers feel alienated when they cannot buy them, as Karl Marx observed. It is
indeed a challenge to solve this problem, and unless it is solved, the workers feel themselves
aloof and disinterested.
● Many foreign organizations believe that there is an economy in high wages. High wages
should lead to higher labour productivity. It comes under the scheme of incentives. But how
the individual firm should go about it and how to make sure about its effectiveness in micro
perspective are some of the critical challenges in HRM.
● While it is accepted in principle that there should be a balance between the economic efficiency
of a firm and its ethical policy-making, nobody is sure as to how to bring this balance through
a change in wages and salaries.
● To enhance the contestability of employees through capability expansion is perhaps one of
the greatest challenges in HRM today.
leaderships? If he does so, he can control the work perhaps in a better way. But is it moralistic
to do so?
● The use of women and children will reduce the wage cost. Is it morally all right to use child
labour?
● Many MNCs practice what is called the policy of race to the bottom so that at the lower end
of the employment ladder, wages are reduced, and the workers who are affected are mostly
women and manual workers. This is profitable for the firm, but is it morally correct?
● Should the firm declare a generous bonus at the end of the year or a stingy one?
● By exploiting labour (that is, by paying less wage than productivity) the company can gain
employment or wages may be lowered to employ more people. Which alternative is ethically
correct?
Functional Areas in Business Management: Some Ethical Issues 233
● The firm can practice the policy of hiring and firing of labour without giving any prior
notice. This is done in China with the connivance of the government. But is it morally
justified?
● The choice of technique of production is itself an ethical issue. If labour-intensive method
of production is used, productivity per labour may be lower but employment can be given
to a large number of labourers. However, if the capital-intensive method of production is
used, labour productivity will go up but labour employment will go down. Which alternative
is morally correct? Gandhi used to say that in a labour-surplus economy like India, capital-
intensive method of industrialisation is morally wrong.
environment.
● HRM policies may be absent or biased with respect to promotion, recruitment, reward and
punishment.
● Workers’ rights and unionism are not looked upon favourably by employers.
● While practicing downsizing and lay-offs, sufficient prior notice is not given to
employees.
● Many firms are engaged in exploiting workers by giving them unjustifiably lower wages.
● Sometimes privacy is not allowed and this goes against the women workers.
● Hiring and firing policy is extended too far to threaten the workers.
● Sexual harassment prevails in many firms in both overt and covert forms.
● Industrial disputes are solved high-handedly without much consideration for the inferior
economic status of workers. Conflicts are not settled through negotiations and co-operations.
● For the exploited workers, compensatory justice policy is either delayed or completely denied.
welfare maximisation.
He becomes a fatherly figure and works as a friend, philosopher and guide to the workers. He
is well-respected by all workers and he never creates a chance for an enmity between him and the
workers. He believes in industrial democracy and works as a trustee. He remains thoroughly ethical
in his behaviour and cares for ethical and social responsibilities associated with his own business.
An ideal employer is inspired by the ethical principle of care and compassion and he is forgiving
in nature. He bears no ill-will against anybody and shows his love to all and sundry.
What is POM?
POM is concerned with all matters related to the organization and production, working environment,
occupational safety and health, regulations and precautions. There are basically two dimensions of
POM:
Product and its quality and safety aspect, and workers engaged in production and their safety
and health.
For instance, a particular brand of painkiller may be addictive. Coke may quench thirst but it
contains carcinogenic substances.
● The product is not reliable. This means that product on its application does not serve the
purpose for which it was bought in spite of the claim by the producer.
● The product may be sub-standard. For instance, a particular brand of blood pressure reducing
medicine that contains 5 mg of amlodipine, as written on the label, contains only 3 mg of the
medicine, hence it might not be effective.
● The service life of the product may be shorter than what is claimed.
● The maintenance standard as claimed by the producer may not be correctly stated. It
the disease but leads to hair growth on the face and many other parts of the body. It cures one
disease but produces a new disease.
● The product may be contaminated and adulterated by another product whose effect is unknown
and uncertain. For instance, milk may be adulterated by unclean water from an ordinary pond
containing bacteria.
Functional Areas in Business Management: Some Ethical Issues 235
Ch.11). To give a few examples, mercury poisoning is very common among felt workers,
silicosis among the stone-cutters, asbestosis among the workers working in asbestos factories
and the like.
● Noise pollution inside the factory is another serious concern. Noises produce congestion,
visual distraction and deafness. Noise at a high pitch (over 80 decibels) may cause temporary
decrease in the size of blood vessels and produce high pulse rate, hearing damage, cardiovas-
cular problems and the constriction of muscles. In Germany, hearing impairment is the most
serious type of occupational hazard problem costing more than $100 million every year. Other
countries are not an exception.
● Death due to physical accidents in factories is a common problem in all countries. This
is so because of the fact that adequate occupational or functional safety measures are not
provided by factories.
● Occupational hazards are mostly preventable if adequate care and instruments are used in
factories. However, POM authorities do not often care for the occupational safety measures.
● To work under the conditions of occupational safety is one of the important rights of workers,
but it is not carefully implemented by POM authorities. They may be unethical, or amoral.
In the United States, the Occupational Safety and Health Act (OSHA) was enacted in 1970 is
strictly followed.
● Other unfair practices in POM may be about the choice of unhealthy production site, buying
of second quality machinery and poor maintenance. Generally, to save money, factories are
set up in a location far away from the main town where good doctors and hospitalisation
facilities are not available and in building the factory, an adequate provision is not made for
a good working environment. The factory may be congested, with less air circulation, lack of
oxygen, lack of air-conditioner or fans, and so on.
● The working conditions and facilities may be inadequate like long working hours, high
temperature at the working place, lack of privacy, dirty or no separate washrooms for men
and women, polluted environment, no provision for first aids, no clean drinking water, not
reasonable compensation for over-time work, and so on. To take but one example, in many
MNCs factories in the Philippines, girls have to work at 30 degree temperature without any
fans just to earn about 25 Philippine pesos per day.
● Inside and outside pollution by chemical substances and obnoxious gases are the regular
features of many types industrial enterprise. The Bhopal gas tragedy is a case in point.
However, the authorities do not internalize the negative externalities.
In India, there are norms and rules provided in the Indian Factory Act of 1948 but these are not
strictly followed in POM.
236 Business Ethics and Corporate Governance
is perhaps applicable in the case of IT industry. Here, supply creates its own demand. Newer
and newer varieties of products are being invented by this industry almost every month in the
international market, and the demand copes with the supply.
● IT industry is based on research and knowledge. Hence, it is managed by high quality
workforce. Without constant innovation and application of new knowledge, this industry
cannot be made contestable and competitive.
● The industry is linked with many other growing industries and is supported by many sunrise
In the post-liberalization period in India, the inflow of Foreign Direct Investment (FDI) has
been mainly responsible for the growth of IT industry.
● The export of IT products and services has enormously grown in recent years. Export
a negative multiplier effect. We have analysed this major problem elsewhere in detail (see
Ghosh and Ghosh, 2001).
some information completely private. But this involves both ethical issues and dilemmas.
What information should be kept in the private domain? How to keep it private and personal?
How much of the information is to be shared with others, when and under what circum-
stances? With whom should we share the information? All these questions involve ethical
issues and dilemmas.
● Ensuring the accuracy of information. How to ensure the accuracy of the information?
Who is responsible for the wrong information? How to fix up the accountability? How much
should be the compensation for the harm done to the affected party? All these constitute
ethical dilemmas.
● Informational property rights. Who owns the information? How should he allocate or share
it? What should be the cost and benefits of such information? How to decide the fair price of
information? These are the basic issues.
● Accessibility of information. How to access the information? Is it fair to use the information
without compensation? Does one have the right to access the information? If yes, under what
circumstances and conditions?
● Availability without payment. If the information is available only with payment, is it ethical
to approach somebody to avoid the payment or bribe him to get the information?
● Use the information in a modified form. Sometimes, copyright information can be modified
linguistically or by slightly changing the content of the information. Sometimes, data is used
not on the whole information package, and the other way round is also possible. In many
cases, it is not known to the user whether the Internet material involves any copyright or not.
All these cases involve ethical issues and dilemmas.
trouble for no fault of their own. This goes against the principle of common good or unethical
consequentialism.
● Piracy: This is a kind of illegal copyright of software and causes financial damages to the
original provider.
238 Business Ethics and Corporate Governance
● Hacking: It is the practice of modification of the computer system when it is insecure. This is
done to satisfy some personal motives of the hacker. The hacker illegally gains access to and
very often tampers with the information in a computer system.
● Hijacking: It is an attack in which the original server resource is disconnected and replaced
by another server resource. In this way, a channel is hijacked.
● Spoofing: It involves the replacement, destruction, forging or corrupting a resource. It is a
variation of hijacking.
● Infringement of copyright materials: It is unethical to use somebody’s materials without
permission or proper acknowledgement. This constitutes theft of intellectual property.
● Credit card fraud: This is done by obtaining personal information of the original credit card
holder and using it for personal gains.
● Account take-over: This happens when the fraudster obtains the information about
somebody’s credit card and bank account number. Then he, through impersonation, asks for
an address change, and subsequently he declares that the credit card is lost. In this way, he gets
a duplicate card with a new address.
● Phishing: It is a crime done through the internet. In this case, the Phishers set up a bogus
website and email addresses. Then they will inform a person that his bank (where he has the
deposit) has encountered a problem, and they will ask you to send the account details. These
are then sent to a person in some distant location and then he will misuse the information
provided. This is a serious threat to the internal banking system.
● Cyber extortions and electronic message transfer: This is to keep a track, for example;
terrorist attacks are also perpetrated through Internet.
● Emails threat: Some problems related to emails are impersonation, forgery, virus spreading
and other unethical message transfer.
● Unauthorized sharing of information: Sharing is a common kind of unethical problem. By
knowing the passwords, when the system is insecure, a lot of unauthorised information about
a person can be obtained.
Summary
The functional areas of business management are concerned with the practical application of
management principles in different fields of day-to-day business activities, including marketing,
advertising, human resource management, accounting production and operation management,
information technology, and so on. In all these areas, the manager encounters ethical dilemmas and
has to confront many types of unethical practices. The general ethical principles that these areas
are supposed to apply include justice and fairness in all the dealings producing good consequences
to individual and society, no harm to any individual, respect for individuals, obeying of certain
categorical imperatives and the creation of common goods.
Marketing is not simply about selling but it has a broad connotation of creating socio-economic
relationship and discharging some social responsibilities. Thus, in selling products or services, there
should be truthfulness, honesty, legality and decency. Bad goods should not be marketed at any cost.
Many a time it is found that the product is good but its advertisement is unethical, or the product is
Functional Areas in Business Management: Some Ethical Issues 239
bad but its advertisement is a hoax and gives wrong information to the public. Sometimes, both the
product and the advertisement are bad. All such cases are unethical. Many of the advertisements
of certain products are targeted to hoodwink the customers. The unethical practices in marketing
involve products which are neither safe nor harmless, prices are unreasonably high, packaging does
not often label the safety instructions and the advertisement is totally false.
In the area of finance and accounting, the unethical practices include cooking of data and infor-
mation where share prices are artificially raised, falsification of bills of purchase, window dressing,
permission of insider trading, manipulation of accounts, misappropriation of cash payments, and so
on. Unethical practices in HRM include the the practices of child or forced labour, discriminatory
practices in recruitment, unsafe working places, no provision for privacy, exploitation of workers
and the like. Unethical issues in production and operations management are many. Products may
not be reliable, they may have shorter lives than claimed, products may be unsafe and damaging
to health, unwanted side effects are not often mentioned on the product package, and similarly,
other product-related information may either be suppressed or wrongly stated. In the IT sector,
some information is not available without payments, the information may not be accurate making
some information unavailable, and many other unethical practices like phishing, piracy, account
take-over, hacking, hijacking, spoofing, credit card fraud, and infringement of copyright materials
are rampant.
Besides all these, the working conditions and factory environment, particularly in the developing
economies, are inhuman to say the least. In many cases, occupational or functional safety measures
are not provided, there may be arduous and long hours of work, inside and outside pollution in the
factory and noise pollution. It has been empirically found that many diseases like cancer, asthma
and bronchitis are job-related. It is instructive to note that efficient business management is not the
same thing as ethical business management.
Key Terms
Dumping Regulatory Capture Alienation
Gouging Creative Accounting Race to the Bottom
Predatory Pricing Churning Affirmative Actions
Surrogate Advertisement Soft Skill Development Occupational Hazards and
Insider Trading Value-based Management Safety
Transparency Brain Drain Learning Curve
Accountability Allocative Efficiency
Window Dressing Reverse Discrimination
240 Business Ethics and Corporate Governance
Review Questions
1. What is an ethical dilemma? Explain some ethical dilemmas in the IT industry.
2. What are major unethical practices in the IT industry? Explain some major problems.
3. What do you think are the major challenges in India’s IT industry? Suggest some solutions.
4. What are the major internet crimes these days? Suggest some solutions.
5. What are the unique features of India’s IT industry? Explain with reference to some recent
developments.
Web Links
1. http://en.wikipedia.org/wiki/Marketing_ethics [Marketing Ethics]
2. http://dspace.iimk.ac.in/bitstream/2259/392/1/17-27.pdf
[Social Responsibility and Ethics in Marketing]
3. http://en.wikipedia.org/wiki/Accounting_ethics [Accounting Ethics]
4. http://www.download-it.org/free_files/Pages%20from%20Chapter%202%20Ethics%20
and%20Human%20Resource%20Management-ced48f14eea2a5b20df2e2c60376c3a1.pdf
[The Ethical Nature of Human Resource Management]
5. http://www.prenhall.com/behindthebook/0132304619/pdf/laudon%20MIS10_CH-04%20
FINAL.pdf [Ethical and Social Issues Information Systems]
6. www.mbaknol.com/wp.../03/ethical-issues-in-accounting-and-finance.ppt
[Ethical Issues in Accounting & Finance]
References
Boatright, J.R. (1999), Ethics in Finance, Blackwell Publishing, Oxford, UK
Correspondent (2008), “Wockhardt CFO Held Guilty of Insider Trading”, Business Standard,
December, 12.
Gandhi, M.K. (1958-84), Collected Works, Govt. of India, New Delhi, Vol. 92, p. 63
Ghosh, B.N. (Ed.)(2011), Managing Life Skills for Everyday Success, Tata McGraw Hill, New
Delhi
Ghosh, B.N. (2010), Managerial Economics and Business Decisions, Ane Books, Delhi
Ghosh, B.N.(2010a), Understanding Engineering Humanities, Trinity Press, UK
Ghosh, B.N. and Ghosh, Rama (2001), “The Problem of Brain Drain”, in B.N. Ghosh (Ed.),
Contemporary Issues in Development Economics, Routledge, London and New York
Karnik, Kiran (2006), “The Changing Role of HR Professionals”, The Hindu, July 18
Kotler, Philip (2004), “Wrestling with Ethics: Is Marketing Ethics an Oxymoron?” Marketing
Management, November-December
Mason, Robert (1986), “Four Ethical Issues of the Information Age”, Management Information
Systems Quarterly, Vol.10, March
Reporter (2006), “Man Cheats Banks of Rs. 1.5 Crore”, The Hindu, September 7
CHAPTER 12
Professional Ethics
and Human Values
LEARNING OBJECTIVES
INTRODUCTION
Aristotle said, everything in the world moves naturally towards a specific fulfillment, and of the
various causes that determine an event, the final cause, is the most decisive. Development of anything
is not accidental or haphazard; it is guided in a certain direction from within by its nature, structure
and purpose. A profession has its specific fulfillment and final cause (the telos). The teleology of
a profession is guided in a certain direction according to its purpose. The fundamental purpose of
a profession is to help the mankind in a certain way and that assistance will be several times more
244 Business Ethics and Corporate Governance
useful and meaningful if the profession is ethically grounded. The present chapter makes an attempt
to define professional ethics in a very broad way and examine the ethical dilemmas of different
professions. The professional codes or ethics of professions like journalism, medicine, engineering,
accountancy and law have also been laid bare in this chapter.
Talents were cited from the Bible for supporting work and economic activities, in particular the
Biblical statement that, “to everyone who has more will be given but as for the one who has nothing,
even what he has will be taken away” (Luke, IX:26). Calvin developed the idea of spiritual callings
to materialise the activities relating to economic development through proper work ethics. The
Puritans conceded the idea that spiritual obligations including business duties are a discipline quite
in accord with the Divine Will, and that by following an appropriate work ethics, a man can improve
and ennoble his character (Ghosh, 2009). The idea that “work is worship” became popular.
The reformation was important from the point of view of the development of work ethics and
culture that could be helpful for the development of capitalism. Protestants actively associated
themselves with business and industries and encouraged the development of work ethics. This
message of a new work ethics spread from Europe to America through English Puritans and French
Huguenots. Since the 18th century and through the 20th century, work ethics became a part of the
new work culture in the wake of capitalism. Karl Marx regarded labour as the fundamental source
of creation of all the values in the capitalist system which, according to him, is the most progressive
mode of production.
However, keeping alive the Marxian tirade against capitalism and its impact on the working
class, intellectual people came to realize that behind the facade of a capitalist’s insistence on work
ethics in the name of efficiency, regularity, honesty, and so forth, there is an ulterior motive of
spreading authority and developing the spirit of blind submission by workers to the capitalist
system of control and management. It is observed that more or better work may not be a better
alternative unless there is a system of reward and incentive. This is often absent in the case of
manual and unskilled workers. The philosophy of race to the bottom practiced during the period of
globalization is in fact designed to work against these workers in the matter of wage payments (for
details, see Ghosh and Guven, 2006).
The philosophy of work ethics is, however, more popular among professional workers including
doctor, professors, engineers and accountants as they get positive returns out of that and corporate
governance promotes this type of work culture. Let us now discuss professional ethics at some
length.
supposed to follow.
● A profession is a specialised calling that needs skill, commitment, special knowledge,
at the time of entering into a profession as a doctor, engineer, cleric, and so on. The oath is
the acknowledgement and the promise to observe certain ethical standards for these public
services and do the duties in the spirit of service and sacrifice.
246 Business Ethics and Corporate Governance
● A profession is above and beyond any monetary gain or temptation. It has a mission to serve
the society. The purpose of a profession is to serve and not to exploit others in the name of
fees. The fees should be as low as possible. Charging of too much of fees by a professional is
to trivialise the noble profession.
● A profession is meant to provide some public services and has some social responsibilities.
There are three types of social responsibilities:
Responsibility towards the community
Responsibility towards the profession, and
Responsibility towards the client or the victim
victim.
● Professional values and socio-cultural values.
All these three values are interactive in nature. The outcome of such interactions may be positive
in the sense that they may reinforce one another, go in the same direction and enhance the social
and ethical values. This may be called as cooperative interactions. The interactions may also
be conflicting in nature and there may be a clash of values, leading to the disturbance of social
cohesiveness, bickering and tension. The third possible outcome of the interaction of these values
can be a situation of cooperative conflict. In such a case, the initial value conflicts may be resolved
peacefully by the affected parties through cooperation and all of them will have a win-win situation
that will maximise their goals. Cooperative conflict is not a conflict qua conflict, but there are
differences of opinions that ultimately lead to the maximization of common goals. For instance, a
patient may not agree to undergo surgery as suggested by his doctor for fear of potential excruci-
ating pain but is ready to suffer silently, the inconveniences created by the disease. Once the doctor
assures him that the pain is very negligible and temporary as it is a laser surgery, the patient agrees
to it and both of them achieve the common goal of disease elimination.
and sports. Coverage is a critical issue in journalism. In some newspapers and media politics is
given more prominence than social and economic issues, and in some others, the opposite is the
main focus. The coverage is a function of many factors including the bias, orientation, reporter’s
attitudes, values and beliefs, resources and the culture of the media. The disquieting fact is that
the same sensational or national incident is reported differently in different newspapers. One of
the most serious aspects of reporting is the incorporation or omission of some ethical principles of
journalism, and this makes a major difference in the presentation of facts. A journalistic writing
is always a mixture of facts and fictions, the writer’s own idiosyncrasies, personal likings and
disliking and, of course, his mental or moral orientation. The present section is devoted towards the
analysis of basic moral issues and ethical codes of good journalism.
Ethics of Journalism
● The very basic ethical principle of journalism is to present the facts in an objective manner
without any fear or favour. No subjective likings or disliking should cloud the facts of the case
being reported. A journalist is a neutral observer and reporter. He must forget his party affili-
ation or religious feelings while reporting a matter of national or public interest. His reporting
should be done dispassionately.
● A journalist must not be biased or prejudiced. He should not use the policy of discrimi-
nation against race, sex, political party, religion, colour or creed. The European journalism
ethics is particularly against discriminatory practices. This is also the principle of journalism
in many countries.
248 Business Ethics and Corporate Governance
● There should be truth and fairness in the reporting of a case. The reporter must follow
the canons of journalism and should work in the public interest, and should give a compre-
hensive account of the fact. Thoroughness and honesty in reporting are basic requirements for
a good journalist.
● A good journalism involves public accountability. A journalist is responsible for what he
compassion. For instance, it is not necessary to disclose the name of a rape victim, her exact
age, the location of her house and so many other personal details about her. All details may
stand in the way of her social adjustments in future.
● While reporting a case, the journalist should follow the policy of minimum harm to the
victim, and also respect the principles of human rights. As Kant says, the respect for the
personality of a man is a fundamental ethical principle under all situations.
● The freedom of press should be practiced with sufficient caution and circumspection.
The reporting must be with decency and in good taste. Nasty matters and dirty side of the
case should be played down as far as possible.
● There is a dire need for maintaining privacy even though the case needs some public
revelation for the information of the common people. Thus, it is imperative to have a balanced
reporting between the public interest and the right to have privacy.
● It is necessary to keep in mind, as some noted journalists believe, that truth reporting is not
a libel. But the truth should be reported with fairness and decency.
● It is indeed difficult to deal with sensationalism. Sensitive issues need honesty and objectivity
of unnecessary aspersion on the involved victim. It should be borne in mind that the law
of the land considers a person innocent so long as his guilt is not proved beyond the shadow
of doubt.
● The information reported for the consumption of the public must be based on accuracy,
professional integrity and objectivity. A journalist must not use a double standard while
reporting cases. In case there are eye-witnesses, their views and opinions can also be used for
reporting.
● The lure for negative journalism in the case of scoop news should be carefully avoided.
Such a type of journalism presents facts in a very crude manner without any regard to decency
and decorum.
The bottom line is that a good journalist should have social responsibility for what he writes
and it is better if his reporting on a matter is based on some substratum of truth and on either
documentary or a circumstantial evidence.
requirement. Since human capital resides in human bodies, body capital is an important part of
human capital. The contributions extended by the physicians to keep us in a wellness paradigm can
hardly be exaggerated. That is why in many countries, doctors are regarded as the representatives
of God. It is a noble profession and certain natural ethical principles are attached to it. The ethical
questions are interlinked with law, religion and culture.
The girl wants to undergo abortion; otherwise, she will not get married and the name of the
family will be ruined. Whether you should help her or not?
● A cancer patient is suffering from excruciating pain and is on a queue to get admitted to the
hospital where you practice. Suddenly a relative of yours who is also suffering from cancer
comes to your hospital with the hope that he will be immediately admitted as you are his
relative. Who will admit first, given the limited number of seats? If you do not admit your
relative, your personal relationship breaks down, and if you do not admit the patient waiting
in the queue, you are breaking the hospital rules. This is when you face an ethical dilemma.
● A terrorist from Pakistan is under your treatment in your hospital and there is a strong pressure
on you to kill him somehow as he is dangerous for the country. The authorities tell you that if
you can wipe him out, you will be rewarded with a huge amount of money. But your ethical
code does not allow you to kill him. You are now between two horns of an ethical dilemma.
● There are many uncertainties involved in surgical operations. For instance, you have a patient
who wants to get a bypass surgery and you are not sure about the exact percentage of success
of the operation and the survival chance of the patient. Will you perform the surgery?
● Is it better to invest some money by the government through public education system, adver-
tisement and the like to reduce smoking and bring down heart diseases, or to invest money
directly to hospitals as subsidies to treat heart disease? Prevention has no guaranteed success.
How will you resolve the dilemma as the medical advisor to your government?
Ethical dilemmas can be solved in many ways, but in some cases, you need to apply your
judgement and stick to your value premises. In modern hospitals, driven by the need to gain more
profit, it is difficult to maintain your ethical standard. In such hospitals, many a times, unnecessary
clinical tests are ordered and very expensive branded drugs are prescribed and sold although less-
expensive alternatives are available in the market (for many such cases, see Ghosh, 2010). Medical
service is an essential basic service, but many doctors these days resort to a prolong period of strike
to enhance their pay scale. According to many, this constitutes an unethical practice. It is sometimes
pointed out that doctors should work on the basis of the prevailing law of the land. However,
law is not always the substitute for ethical reasoning. For instance, the law tells that whenever an
accident case comes to the hospital, it is first of all necessary to inform the police. But if there is an
250 Business Ethics and Corporate Governance
emergency and the patient is struggling with a situation of life and death, a good doctor may not be
able to follow the legal requirements first.
Hippocratic Oath
In the first part, the oath consists of a declaration that the physicians will have respect for parents
and teachers and will provide all help, even monetary assistance, to them when needed. The oath
says that they will abide by the Physicians’ laws and none other. The second part of the oath has the
following five ethical principles:
● The physicians will treat the sick according to their abilities and judgement and will not do
● They will keep themselves free from fornication with women or men, bond or free.
● They will maintain secrecy regarding their patients and their diseases.
● A doctor must accept only the professional fees and no other money.
● A doctor must take great caution in publishing or using new technique or discovery.
Professional Ethics and Human Values 251
● A doctor should certify or testify only to that which he has personally verified.
● A doctor must not do anything that will weaken the resistance power of human beings.
Duties of a Physician
● Complete loyalty to patients.
● Maintain secrecy regarding what he has been told by the patient.
● A doctor must give necessary treatment in emergency as a humanitarian service.
● A doctor should behave with his colleagues in such a way as he himself will expect them to
To sum up the discussion, one can state that basically there are five very compelling medical
codes for the practitioners to follow. These codes are:
● Giving freedom to patient to decide on certain matters (autonomy)
try to support and save him from the legal punishment. This dilemma comes to the mind of a
lawyer almost every day. If he tries to save a criminal, he is doing an unethical work; and if
he does not take up the case, he is not true to his profession and cannot earn and maintain his
family.
● In order to win a case, for which he is being paid and has taken a challenge, should he ask
his client and other witnesses to tell lies? This is often necessary to win a case in the court
which wants concrete evidence. How far the lawyer should go to win the case, and at what
cost? This is a clear dilemma in a court case that the lawyer is fighting. He very often needs
organized lies and manipulation.
252 Business Ethics and Corporate Governance
● A lawyer is often offered a huge amount of money from the opponent party to weaken the
case of his own client. Should a lawyer do that or should he honestly fight for his client? There
is a temptation of clandestine income over and above his regular fees. This initiates a clear
dilemma in the mind of a lawyer.
The profession of a lawyer is full of dilemmas, unethical manoeuvrings and organized lying.
However, to some extent, a lawyer, if he is ethical, can avoid many immoral professional hazards.
This is the reason why many countries have codified certain ethical rules for the lawyers and legal
practitioners.
● A lawyer has two types of rights: right to be heard in the court and the legal right to speak
to the judge.
● A good lawyer is to fight for truth and justice. It is not a good practice to take time again
and again and delay the case. Justice delayed is justice denied.
● Lawyers have a social responsibility of not protecting criminals in the larger interest of
the society. They have to maintain a balance between their legal duties, social empow-
erment and the trust they enjoy.
Lawyers are often confronted with legal battles. It should be instructive to note that legal
conflicts are not often legalistic or philosophical in origin but are specific in character, and need to
be contextualised in terms of historical specificity, social norms, tradition and culture. In settling
such disputes or conflicts, an ethical lawyer may have to go beyond the boundary of absolutist view
of ethics and need to explore the relevance of the relativity of legal ethics. Here comes the impor-
tance of meta-ethics.
It seems that the theory of consequentialism has some relevance in the case of legal ethics. For
instance, if the offender is not properly punished or goes scot-free, he may repeat the crime on a
larger scale and the social consequence of this will be explosively dangerous. In the deontological
sense, the duty of a lawyer is to be understood in terms of ethical duty or right duty to reveal truth
and justice. The meaning of duty is not just any action but the action that is desired of a profession
in terms of social responsibility and common good.
fairness, truth in all dealings, individual respect, trustworthiness, reliability, human welfare,
safeguarding of human life and property, working with competence and accountability and
social responsibility.
● Engineers will serve the society with a view to ensure social safety, creating a social good
and enhancing the public utilities, preventing the wastage of national resources through the
application of their knowledge, expertise and professional competence.
● An engineer shall pay particular attention to safety in design and operation for all
less input to produce a particular amount of output. This concept is different from economic
efficiency which aims at reducing cost of production to the minimum.
● Engineers are to promote the common tie that exists between the humanity at large and
the engineering profession in particular. The members should have the highest regard for
social justice, and fairness, and equality of opportunities without any discrimination.
● Engineers should not misuse their power and position for private, sectional and personal
responsible manner and give opinion on the basis of proved knowledge, evidence and
experience.
● They should not act in any manner that may injure or damage the reputation of the Insti-
if non-disclosure of such information leads to jeopardising public safety, welfare and health,
they may disclose the information.
● When an engineer is asked to review the work of another person, known and unknown to him,
he should consult another competent person or organization and give a balanced and
correct opinion without fear or favour.
● An engineer should keep his employer or client informed about a project all the time
● In order to secure a job, an engineer should neither pay nor offer any kind of inducement
or bribe.
● An engineer should refrain from a breach of contract which is already finalized.
● He should not snatch away the contract/project given to another engineer.
● In all the job opportunities for which he is a candidate, he should compete only on the basis
of merit and experience, and no extraneous influence.
● A qualified engineer should work only in the domain of his competence and expertise with
all honesty, sincerity, care and diligence.
● An engineer shall not falsify or misrepresent his own or his associates’ qualifications,
experience and other credentials.
● He shall reject any kind of offer that may involve unfair practice, or may cause avoidable
damage to the eco-system.
● An engineer should be concerned about and shall act to the best of his abilities for maintaining
and promoting sustainable development.
● An engineer shall apply his knowledge and expertise in the interest of his employer or
client for whom he shall work without any compromise.
● An engineer shall inform his employer/client about the economic, social, environmental
and other probable consequences of the project whenever it is necessary.
● An engineer shall not directly or indirectly damage the professional reputation of
another engineer.
● He should perform his duties timely, honestly, correctly and impartially for the benefits
of others.
● He should have an accountability and social responsibility for all the actions performed
by him.
for the work. He is asked to use good materials. While starting the work, he finds that the
contractual amount for the job is not very large. He then thinks about increasing the margin of
profit by using spurious and sub-standard materials. These materials are not only unsafe but
are of an inferior quality. But he is under an ethical dilemma: should he use the sub-standard
and cheaper materials?
If he uses standard materials, his profit margin becomes negligible but if uses sub-standard
materials, he is, in a sense, cheating the client. What should he do?
● A contractor has given a construction work to a civil engineering firm for the completion of
the project within a specified period of time. However, although the firm is doing the work,
the contractor is not satisfied with the speed of the work. The contractor then approaches
256 Business Ethics and Corporate Governance
you with the request to take up the work. You are in the midst of an ethical dilemma because
your code of professional ethics does not allow snatching the work from another person/firm.
However, you are urgently in need of a work as you have no project at the moment. How will
you resolve the dilemma?
● As a software engineer, you have developed a software while working in a private firm. The
software can automatically type out the verbal dictation before a machine developed by you.
A publishing company has approached you to sell them the software in exchange for a huge
amount of money. You have now an ethical dilemma: should the software be sold to a party
for private gain without the knowledge of the present employer? Should it be duplicated or the
secret of that software be divulged?
There are many such ethical dilemmas that may stand in the way of an engineer. The problem is
how to solve them in a way that will be acceptable to all.
They are expected to work in a manner which is not derogatory to their profession.
● They should work with diligence, honesty and independence, and it is essential for him to
command the respect and confidence of the general public and he has his obligations and
responsibilities to those who rely on his services.
● A CA must have the necessary professional competence and should be a person of character
and integrity.
● A CA shall act in public interest and public responsibility must always be alert in his
mind.
● The accountant should prepare the financial statements and auditing in a dispassionately
efficient and correct manner so that the users can rely on the financial documents prepared
Professional Ethics and Human Values 257
by him. These documents are used by tax experts, management consultants, government and
other companies.
● The services provided by CAs are to be executed at the highest level of performance in
● Professional demeanour (behaviour consistent with the good reputation of the profession)
● Confidentiality (should not disclose the accounting information unless there is legal
obligation)
purpose is to show that the company is financially stable, which is not the fact. What is
necessary is a type of window dressing in the balance sheet of the company. This is done to
attract investors and to raise the share prices. The CA of the company in such a situation finds
himself in an ethical dilemma because he is asked to do something which is unethical and
contrary to facts.
● It is the usual practice of a company to minimize the payment of taxes. This is possible when
the company’s account is manipulated and falsified. The company often maintains duplicate
account books for this purpose, and the services of CAs or auditors become extremely
necessary for such manipulations. Once again, the CA of the company confronts an ethical
dilemma because he is asked to do something which is against facts, contrary to the ethical
principles, justice and fairness. In the matter of tax evasion, company accounts and auditors
play a major role.
258 Business Ethics and Corporate Governance
● From time to time, a particular company needs to issue certificates to government, export-
import authorities and other companies regarding its financial position. Certificates are also
necessary for obtaining loans and getting some financial favours. These certificates are to be
issued and certified by CAs and auditors. The CEO may ask the accountant to issue such certif-
icates whenever necessary. This creates some ethical dilemmas in the mind of the accountant
if the financial position of the company is very poor and unsound.
● In view of the escalation of commodity inflation in a country like India, the government is
committed to check the price rise. One of the methods to do so is to have a control over the
mark-ups through the estimation of the cost of production. Thus, cost auditing is becoming
an important anti-inflationary instrument in India. The company may ask the accountants to
show on paper a high cost of production so that it can maximize the profits through higher
prices. A CA may find himself in ethical dilemma as he has to inflate the cost and manipulate
the cost data in favour of the company.
The aforesaid examples of ethical dilemmas are not exhaustive by any means but are only illus-
trative of some representative situations.
Summary
A professional ethics is the fulfillment of the final cause of a profession. Work ethics and professional
ethics are interrelated categories. Work ethics is concerned with the value or a culture attached to a
particular work. History shows that work, particularly manual work, was considered of a low status
in the early days. Aristotle considered manual works as an alternative fit for only slaves. However,
after the Industrial Revolution, the whole concept of work underwent considerable changes. Work
was glorified. The rise of Protestantism and the Reformation movement brought in a new work
culture. Work was considered as a divine will and it was believed that by participating in a work, a
person could associate himself with the divine act of creation.
A profession is a social calling that ensures a vocation which provides one with the means to
earn one’s livelihood. Professional ethics is based on certain ethical values and norms which a
profession is supposed to follow. Professional ethics is necessary to reveal, sustain and enhance
certain basic human values. There are many professions including journalism, legal profession,
medical profession, accountancy and the like. Every profession has its own professional ethics.
The basic purpose of journalism is to make the public aware of what is happening around in the
areas of politics, economics, business, society, entertainment, sports, and so forth. A journalist has
to present facts in an objective manner without fear or favour. There should be truth and fairness in
the reporting of a case. The freedom of press should be practiced with caution and circumspection,
and the reporting must be done with decency and in a good taste. Truth reporting is not a libel, but
the information reported must be based on accuracy, professional integrity and objectivity.
A doctor is supposed to maintain the highest standard of professional excellence. A doctor must
not be influenced by monetary temptations and profit motive. A doctor must maintain professional
independence. A physician must not engage in self-aggrandizement or self-advertisement. A doctor
must accept only the professional fees and no other money. A doctor must take great caution in
publishing or using new technique or discovery. A doctor should certify or testify only to that
Professional Ethics and Human Values 259
which he has personally verified. A doctor must not do anything that will weaken the resistance
power of human beings. The duties of a doctor include complete loyalty to patients and maintain
secrecy regarding what he has been told by the patient. A doctor must give necessary treatment in
emergency as a humanitarian service. A doctor should behave with his colleagues in such a way as
he himself will expect them to behave with him. A doctor must not entice away the patients from
his colleagues.
A lawyer should maintain the dignity of his profession, independence, and guarantee profes-
sional confidentiality. He must respect the individuals involved in a court case. He is supposed
to follow the legal codes of the country. He should not ask his witnesses to give false or wrong
evidences. He is supposed to fight for truth and justice. Engineers are supposed to follow general
ethical principles while discharging their duties. He should maintain confidentiality. He should pay
particular attention to safety in design and operation for the concerned processes and products, and
should not misuse his power and position. He should not follow unfair practices and must refrain
from breach of contract. A chartered accountant (CA) is expected to work with professional dignity,
prestige, honour and competence. He or she shall act in public interest and public responsibility
must always be present in his mind. He should maintain objectivity, integrity, professional compe-
tence and confidentiality.
All the professions have ethical dilemmas. These will have to be resolved by keeping in mind the
supremacy of professional ethics, objectivity and truth, and not personal interest, private motive,
rapacity and selfish gain.
Key Terms
Public Accountability Common Good Sustainable Development
Media Ombudsman Deontological Sense Window Dressing
Negative Journalism Consequentialism Cost Auditing
Meta-ethics Cooperative Conflict Race to the Bottom
Teleology Engineering Efficiency
Perjury Economic Efficiency
(ix) In the epistemological sense, the duty of a lawyer is to be understood in terms of ethical
duty or the duty to reveal truth and justice.
(x) Till 2008, 60 states have adopted the Bar Association’s model codes.
2. Fill in the blanks
(i) To the Greek philosophers, a life of ____________ is more adorable than a life of
____________ and _____________.
(ii) Before the onset of the Industrial Revolution, work ethics was not a popular term. Workers
preferred leisure more than work and even by raising wages labour supply could not be
increased. This is substantiated by the theory of _____________.
(iii) The philosophy of _____________ practiced during the period of globalization is in fact
designed to work against these workers in the matter of wage payments.
(iv) The very basic ethical principle of journalism is to present the facts in an _____________
manner.
(v) Treating the sick as a sacred bounden duty above all is upheld by _____________.
(vi) The Bar Associations emphasise the importance of _____________ and
_____________.
(vii) Lawyers have to maintain a balance between their _____________ and the _____________
and trust they enjoy.
(viii) The Rules for Professional Conduct were first formulated as early as in _____________
on the basis of the _____________.
(ix) The genesis of the modern accounting profession is the appearance of _____________
companies during the days of _____________ in England.
(x) _____________ is the fulfillment of the final cause of a profession.
3. Choose the correct option
(i) The World Medical Association Codes was formulated in:
(a) London, 1949 (b) London, 1984
(c) France, 1949 (d) Denmark, 1950
(ii) One of the earliest exponents of medical ethics is:
(a) Aristotle (b) Pythagoras
(c) Patanjali (d) Hippocrates
(iii) Who regarded labour as the fundamental source of creation of all values in the capitalist
system which, according to him, is the most progressive mode of production?
(a) Victor Hugo (b) Adam Smith
(c) Karl Marx (d) None of them
(iv) Who developed the idea of spiritual callings to materialise the activities relating to
economic development through proper work ethics?
(a) Karl Marx (b) Calvin
(c) Adam Smith (d) All of them
(v) According to whom is the respect for the personality of a man is a fundamental ethical
principles under all situations?
(a) Immanuel Kant (b) Hippocrates
(c) Adam Smith (d) Karl Marx
Professional Ethics and Human Values 261
(vi) The work ethics propounded by the Gita considers work as a type of yoga (meditation)
known as the:
(a) Varnashrama Dharma (b) Karma Yoga
(c) Both (a) and (b) (d) None of these
(vii) According to whom does everything in the world moves naturally towards a specific
fulfillment, and of the various causes that determine an event, the final cause, which deter-
mines the purpose, is the most decisive?
(a) Plato (b) Socrates
(c) Aristotle (d) All of them
(viii) A profession has its specific fulfillment and the final cause, which is also known as the:
(a) Logos (b) Telos
(c) Both (a) and (b) (d) None of these
(ix) Work ethics relates to certain norms and a set of values that a worker considers as essential
in his view while doing works. All this then becomes the basis of:
(a) Organizational Culture (b) National Culture
(c) Work Culture (d) All of them
(x) What is defined as the skill in the performance of any work or duty?
(a) Karma (b) Dharma
(c) Rasa (d) Yoga
Review Questions
1. Define a profession and its essential characteristics
2. What is professional ethics? What are the purposes of such ethics?
3. How will you relate professional ethics and human values?
4. Explain ethical dilemmas in any profession that you are acquainted with. How do you propose
to resolve such dilemmas?
5. A murderer has approached a lawyer to save him from punishment and he has confessed his
crime. Should the lawyer accept his brief? Should he try to save him?
6. A physician’s services are essential in nature to any society for helping the sick and dying
people. Given that ethical duty, is it moral for any physician to go on strike for his possible
pay rise? Justify your answer.
7. What should be an ideal ethical code for journalists? Should a journalist publish all the details
about an incident of rape that he has witnessed himself and the rape victim?
Web Links
1. http://en.wikipedia.org/wiki/Professional_ethics [Professional Ethics]
2. http://www.psihq.ie/DOCUMENTS/Code%20of%20Professional%20Ethics.PDF
[Code of Professional Ethics]
3. http://en.wikipedia.org/wiki/Journalism_ethics_and_standards
[Journalism Ethics and Standards]
262 Business Ethics and Corporate Governance
4. http://www.issuesinmedicalethics.org/054mi105.html
[Medical ethics: relationships between doctors]
5. http://rajeev2007.wordpress.com/2006/10/20/the-hindu-work-ethic/ [The Hindu Work Ethic]
6. http://rationalwiki.org/wiki/Work_ethic [Work Ethic]
7. http://rationalwiki.org/wiki/Work_ethic [Legal Ethics]
References
American Medical Association (1996), Code of Medical Ethics: Current Opinion and Annotations,
AMA, Chicago
Bauchamp, T.L. and Childress, J.F. (2001), Principles of Biomedical Ethics, Oxford University
Press, New York
Ghosh, B. N. (2010), Rich Doctors and Poor Patients: Market Failure and Healthcare Systems in
Developing Countries, Wisdom House, Leeds, UK.
Ghosh, B. N. (2009), A Tale of Two Economies: Development Dynamics of India and China, Nova
Science Publications, New York
Ghosh, B.N. (2007), Gandhian Political Economy, Ashgate, London
Ghosh, B. N. and Guven, Halil (2006), Globalization and the Third World, Palgrave-Macmillan,
London and New York
Hausman, Carl (1992), Crisis of Conscience: Perspectives on Journalism Ethics, Harper Collins,
New York
Hazard (Jr.), Geoffrey and Dondi, Angelo (2007), Legal Ethics, Stanford University Press, USA
Sandeles, Karen (2003), Ethics and Journalism, Sage Publications, London
Veatch, R.M. (1988), A Theory of Medical Ethics, Basic Books, New York
WMA (1949), “International Code of Medical Ethics”, World Medical Association Bulletin,
`Vol.1, #3
CHAPTER 13
Organization,
Culture and Ethics
LEARNING OBJECTIVES
This chapter will help the reader to understand
■ Organizational structure and ethical culture
■ All about leadership
■ Value-based management
■ Social audits, ethics committees and hotlines
■ Whistle-blowing
INTRODUCTION
An organization without any ethical culture is like a ship without a rudder. It has no direction, no
trajectory and no definite destination. Such an organization cannot be successful in the long-run
even though it may earn a hunk of money. In recent years, the failures of most of the well-established
companies did not occur due to lack of salesmanship, goodwill or strategic planning but mostly
because of lack of ethical terra firma. The lesson that we get from the failure of these corporate
giants is that unless a company is seriously accepting and operating value-based management, it
cannot survive with success. The word success has to be cautiously interpreted. Making money is
not necessarily and always the yardstick of success. The success must be interpreted in terms of a
composite index that includes good financial returns, goodwill, customers’ satisfaction, employees’
264 Business Ethics and Corporate Governance
welfare, performance of social and ethical responsibilities, and above all, the organization’s ethical
core values.
In the present chapter, an attempt is made to analyse the structure, leadership and ethical culture
of an organization. In doing so, the importance of leadership in the development of ethical core
values and value-based management is also discussed at some length.
informal discussion, as the system is more democratic. In a centralized system, however, corruption
and similar other unethical practices get institutionalized over time, and it is very difficult to
remove them. In fact, it takes a long time to unearth unethical practices as they get entrenched.
The procedure is too formal, cumbersome and lengthy. However, if a person is found guilty of any
serious unethical aberration, he is dismissed from the job. However, the bottom line is that certain
unethical practices are possible in both centralized and decentralized types of organizations. But in
a centralized system, it takes a long time for the unethical cultural rooting and the elimination of
such a behaviour, as compared to a decentralized system where minor unethical aberrations may
come and go without rooting and sprawling. Much will depend on the nature of organizational
leadership. Let us concentrate on this topic.
● Development of ethics programmes for the company (by setting up a code of ethics, ethics
Who is a Leader?
A leader is a person who can lead a team of followers towards the right direction to achieve a
particular goal. A political leader, however, is substantially different from an ethical leader. But a
leader has the ability or power to guide the followers in a compelling way.
Types of Leader
A seminal contribution has been made by Daniel Goldman in recognising six types of leadership
in an organization (see Goldman, 2006). These leadership styles are:
● Affiliative type (values the needs and emotions of people)
● Coaching type (teaches the people how to work with skill and competence)
● Pacesetting type (sets high standards and gets the work quickly done)
As against the aforesaid six types of leadership proposed by Daniel Goldman, a different type
of classification of leadership is proposed here by the present author. In this schema, we have
266 Business Ethics and Corporate Governance
the following seven types of leadership which is somewhat fundamentally different from the one
proposed by Goldman.
● Proactive Type Taking the action on its own without waiting for the situation to arise
● Reactive Type Doing something by way of reaction or solving the problem arisen
● Creative Type Doing something new for the organization
● Creatively Destructive Type Destroying the old habits/culture or practice and creating
something new
● Benevolent Dictator Type Working like a dictator but for the good of an organization and
its stakeholders
● Collaborate-cooperative Type Deciding everything on the basis of cooperation and collab-
oration. It is more democratic in orientation
● Radical Transformer Type Doing things in a radical way to improve the status of the
organization by making structural changes. This is somewhat similar to the type of leader
mentioned by J.M. Burns (1985).
a temporary period.
● Power is acquired by a person if he has the ability to hire and fire. This power is mainly
persons working under him. He has a certain amount of nuisance value. He may not be
in a position of hiring and firing but he can write bad reports or can complain to the higher
authorities. This power generally belongs to middle level managers or supervisors.
● Power comes from personal charisma, ability to convince others and certain behavioural
traits (like friendship, spirit of sacrifice, fellow-feeling, uprightness and the like) that make a
person popular and powerful.
Organization, Culture and Ethics 267
It is instructive to note that power is not an end in itself but a means to an end. The end may
be public good and/or organizational development. An ideal system would be like an expanding
concentric circle, as Gandhi believes, where the power of the outer circle will not squeeze the inner
circles but would mutually reinforce each other (Gandhi, July 28, 1948).
For the ethical development of an organization, the leader must possess certain power base and
should be a person of high moral integrity and strong personal character. An ethical leader must
possess certain habits and character traits. These are discussed as under.
the consumers, employees, suppliers, stakeholders, clients and the general public.
● He is inspired by the ethical principles of care, compassion and kindness. He does not do
any harm to anybody knowingly. His ethical policy is based on the principle of service to
humanity and in particular to the organization where he is working.
● He follows the policy of justice and fairness in all his official and personal dealings. He
is fair and impartial in treatment avoids practicing any unnecessary prejudice or discrimi-
nation.
● He gives respect and dignity to human beings and does not look down upon anybody. He
follows the principle of human rights and the basic equality of all human beings.
● He keeps his promises, honours, his contracts and commitments and follows just laws. He
character which influences the organizational culture and values. He is a role model and influ-
ences everyone around him.
● He is devoted to his duty and only performs those activities which are morally right.
He observes all categorical imperatives not only in his personal life but also in his official
capacity.
● He respects individual freedom and autonomy. He encourages the principle of self-deter-
mination within the general ethical framework. He gives importance to individual opinion,
right to free choice and right to have privacy.
● He always follows the principles of transparency and accountability. He discloses to the
concerned persons all types of information that he is supposed to share. He believes in the
principle that all individuals have the right to know many corporate matters.
● In discharging his works, he follows a rule-based policy without fear or favour. However,
in the application of the set rules, if there is any chance for some people getting harmed, the
ethical leader tries to minimise the harm to the maximum extent possible by following the
principle of negative utilitarianism, i.e. minimum loss to smallest number of people.
268 Business Ethics and Corporate Governance
VALUE-BASED MANAGEMENT
One of the important ways through which the ethical culture of an organization can be established
and entrenched is the introduction of value-based management (VBM). Value-based management
aims at looking at the long-term benefits and goal (shreya) and values rather than a short-term goal
that is temporarily pleasant (preya) and incorporates certain long-lasting motivational strategies
that transform the whole concept of management from the skill-based objective concept to the
subjective concept of human development in the true sense of the term (Chakravorty, 1998). Value-
based management is human-centric and aims at holistic development of man and expansion of
human capabilities. Once the owner of the renowned automobile manufacturing firm, Mitsubishi,
said that, “we do not manufacture automobiles, we make men”. This sums up the whole philosophy
of value-based management. Value-based management is a process of transforming the level of
consciousness to purer and higher levels, and an ethical leader of an organization can be of consid-
erable help in this direction. Such leaders can make it sure that the company is based on some
ethical mission and vision, and all the concerned stakeholders follow the ethical path without any
exception (Seiznick, 1983).
The mission and vision of an ethical organization will clearly state the fundamental purpose of
the existence of the company apart from making money. In fact, the real reason for the existence of
a corporation is other than simply making money. In many cases companies are inspired by social
mission and aim at enhancing the community value. Some well-known companies state their
values that are to be followed very seriously. These values may vary from company to company
depending upon the focus, expertise and experience. However, some values may still remain funda-
mental. These values are: integrity, honesty, serving the people, fair dealings, value for money, and
so on. Some companies may emphasize equal employment opportunities.
Code of ethical conduct, originality, social responsibility, innovation and courage. These are
the values set by Levi Strauss and company, and the company has the courage to state that it will
“clothe the world”. The mission of the company is very clear.
The core values are immensely essential for the successful existence of a company. These are
the be-all and end-all of an organization. The core values are core ideological tents of a company
(Svendsen,1998). Some of the core values of well-known companies are:
“We believe in the dignity of the individuals.” (Johnson & Johnson)
“We exist to provide value to our customer.” (Wal-Mart)
“To honourably serve the community by providing products and services of a superior quality at
a fair price”(Motorala)
“Respecting and encouraging each individual’s ability and creativity” (Sony)
Svendsen believes that through core values and core ideology, the employees of a company can
be thoroughly indoctrinated and gradually, a culture will emerge as a mark of identity that will
sustain it. A value-based organization will follow the core values in all its important activities.
Such a system of management will create and sustain an ethical culture, and will guide the building
of strategies and policies. Given the integrity and the value-based management technique, it is
possible for managers to:
● Act with compassion and kindness
Organization, Culture and Ethics 269
● Create a culture of understanding and work on the basis of fairness and justice
It should be noted that when a company becomes value-based, the message has already percolated
down to the stakeholders and they will approach the company to receive value based services and
share the culture. That tacit understanding will go a long way for the company to be successful.
The value-based management can develop from the perspective of spiritual leadership (Reave,
2005). The basic idea of spirituality is the discovery of ultimate meaning and purpose of life.
A person can be spiritual without being religious; conversely, a person may be religious without
being spiritual. The two are separate entities. Spirituality has a broader connotation and is more
relevant for an organizational management. In the case of an organization, spirituality means the
management on the basis of its purpose and enshrined value premises. Spiritual values emanate
from what Mahatma Gandhi called “inner voice” or wisdom. Wisdom is a virtue and a part of
morality with the help of which one can set the correct goal and build up strategies to achieve it. The
spiritual values give the courage to do the right things without fear and favour, and these right things
are directed to the maximization of social benefits and common good. When a person (say leader)
gets illuminated by the light of spirituality, he will be ready for a calling or a profession where he
can do his duty without being disturbed by any worldly materialism. This type of duty enables him
to work for others who may be customers, suppliers, shareholders and the society. The duty to do
good is also advocated by the Kantian categorical imperatives. In the Bhagvad Gita, Lord Krishna
advises Arjuna to do selfless duties without caring for reward.
Value-based management is a system of management that manages the organization on the basis
of accepted ethical values or values that aim at satisfying both stakeholders and stockholders. In
such a company, not only the ends should be good, but also the means. There ends do not justify the
means; both are to be ethical. In a value-based management, all secular values like truth, dignity,
honesty trust and the like are given important roles in every matter. A value-based management
approach is more effective in the long run than a rule based management approach. This is simply
because values are more or less permanent but rules are rather temporal. Even if we apply the logic
of ethical relativity, it can be said that the universal or absolute values are unchangeable. A system
of management based on values is more appealing to the human mind since it is more supportive
and permanent.
In the value-based management, six core values have been found to be useful by researchers
(Schartz, 2002). These core values are:
● Trustworthiness
● Responsibility
● Corporate citizenship
Corporate ethics should clearly define the moral identity and moral tone of a corporation. It
should provide a set of guidelines for everybody to follow and to adjudicate disputes on ethical
270 Business Ethics and Corporate Governance
issues. The importance of ethics in value-based management can hardly be exaggerated. Many
successful companies which are implementing value-based management are often referred to as
firms of endearment as these firms become dear to every stakeholder. These days, leadership is
defined in terms of value-based management that it can influence, and the companies with high
ethical values are often used as the benchmarks for transforming the organizational ethical culture
of companies with a comparatively lower ethical index.
Conflict of Interests
The conflict arises out of two competitive situations which are more are less equally desirable. The
situations giving rise to conflicting interests of a person (employee or employer) may be as
under:
● Private or personal interest and organizational interest
● Outside employment in another organization may cause conflict with the present employment
● Conflict between the two roles of the same person (decision-making and ordinary employee)
● Conflict to choose between two wrong or right situations when a choice has to be made. There
● Personal integrity should be the guiding principle everywhere whether at work or in the private
domain. Once this is distilled in the sub-conscious mind, it will become a part of individual
behaviour.
● It is necessary to understand right and wrong very objectively both in the case of personal
personal behaviour converges with that of organizational behaviour. The leader must circulate
the advantages of ethical behaviour and action for all concerned and also for the growth of
organization.
● The manager should be responsible for the maintenance of an ethical ambience through the
functioning of ethics committee which will work on the basis of reward-punishment principle.
A carrot-and-stick policy should be used to carry out proper functioning.
● Consistent ethical behaviour and commitment to the idea of growth of the company will
SOCIAL AUDIT
Social audit is comparatively a new concept that tries to study the social responsibilities of a business
organization in a systematic manner. It is a system that attempts the social performance and not
the economic performance. Social audit is a method of understanding, measuring, reporting and
improving the organization’s social and ethical performance. Social audit is necessary to substan-
tiate the claim of a company that it has been performing social responsibilities. The basic purpose
of social audit is to identify and measure the social component of a business organization. Social
audit is basically a tool of analysis.
In the process of measurement, a quantitative or a qualitative method can be used. Since
some of the social responsibilities are not amenable to quantitative manipulation (for instance,
the development of business relations in various social areas), it is better to use both quantitative
and qualitative measures. Social audit should be conducted by both internal auditors and external
consultants for a better, neutral auditing.
Theodore Kreps (1940) coined the term social audit in a study of 72 industries over a period
of two decades in an attempt to study the social performance through the system of social audit.
The methodological approach to social audit has been modified subsequently by many researchers
and the prominent among them was Howard Bowen (1953) who took into account many variables
including advertisement, community relations, human relations and public relations to gauge the
extent of social performance of companies.
The scope of social audit includes many social areas including the satisfaction of community
needs, building of social infrastructure, consumerism, labour and employee relations, help to minor-
ities, disabled, orphans and very old people, donations and ecology and environment protection,
and the like. The following are the major objectives and advantages of social audit:
● It makes the company aware of the social works it is doing. This may function as a guide for
● The company can know the practical effectiveness of the different types of social
provided by social audit in its budgeting, priority formation and project evaluation.
● Social audit can be related to various social impacts of corporate social responsibility
programmes.
● Social audit creates an impact on corporate governance and is a reflection of its social effec-
tiveness. It is taken up for the purpose of knowing its contribution to social development.
● It measures the gap between social objectives and actual achievement.
responsibilities to the consumers, employees, shareholders, society and the local community”.
Subsequently, many other companies including the UTI, SAIL, JK Synthetics, Escorts started social
audit on a regular basis. However, many renowned private companies in India do not perform social
audit as it is not mandatory. The Department of Public Enterprises has now made social reporting
compulsory for each and every public enterprise which is under compulsion to disclose its social
expenses. This is a great step forward and it should be extended to the private sector as well.
ETHICS COMMITTEES
Ethics committees are formed in many organizations for the purpose of setting ethical standards for
both the employees and the employers, to settle disputes of ethical nature, and give ethical guidance
to the organization by formulating certain ethical policies and codes of conduct. These committees
are concerned with all types of ethical issues that an organization is confronted with and solve the
ethical dilemmas. The Motorola for this purpose maintains Business Ethics Compliance Committee
(Ferrell et al., 2003, p.178).
In order to function properly, however, the ethics committees’ members must be neutral and
independent, and they should have no stake with the management. Hence, many analysts recommend
that ethics committee should consist of both insiders and outsiders. These people must have an sound
knowledge of the organization’s culture, values, mission and vision. They should have independent
power to settle an issue.
In many organizations, however, the ethics committees cannot function well because of many
constraints. Some of these constraints are:
● If the members are appointed by the management, most of the time, they are misused and
have to abide by the view of the management in every situation. The CEO often recruits
only those members who are henpecked or yes-men.
● Sometimes, the members of the ethics committee are not well-aware of the company’s
stand, core values and ethical culture. Moreover, a company’s policy is a variable and not a
constant: for every case, it has a different policy. Supposing that an employee is not liked by
the CEO, he may be fired for even a minor infraction. Very often a double standard is followed
and the Committee is politicized.
● Many a time, the personal views of some members may clash with those of other members
and even if there is a consensus on a particular issue, the decision arrived at by the ethics
committee may be in conflict with the organization’s own standard. Unfortunately, some
members may not know the views of the CEO on a particular case, and that may create a
trouble if his views are different from those of the members. The manager’s personal view in
a case may be different from the view of the management or the Board of Directors.
Although ethical committees are recommended by experts for better corporate governance, many
Indian companies do not have the ethics committee as these are not mandatory.
274 Business Ethics and Corporate Governance
ETHICS HOTLINES
Ethics hotlines are communication facilities that can bring any matter related to any ethical issue
to the notice of a member of the ethics committee for an immediate solution. These are toll-free
lines. On receiving the communication from an employee or even from an outsider, the member
of the ethics committee starts investigation, finds facts and solves the problem. The investigation
is conducted by an ethics officer specially appointed and empowered for the purpose. The matter
regarding ethical violations is first reported to the ethics officer who is a full-time employee. The
allegation is kept secret for the personal safety of the reporter. The reporter may be the victim, his/
her colleague or well-wisher. Ethics hotline is one of the ways to control unethical practices inside
an organization. It is the duty of the organization to make sure that every employee is aware of the
ethics hotline and its purpose and working.
WHISTLE BLOWING
Whistle blowing is a mechanism of protesting against the misdeeds of the manager, some
employees or any one of the corporate bosses. It is a method of publicly exposing either the
covert or the overt unethical or immoral activity of a person. Whistle blowing is a way of reporting
organizational misconduct. The reporting of a wrong doing can be done by a journalist, public
interest groups or even by a single individual who may or may not be employed in the company.
The reporting may come from the insider or outsider (Hoffman, 1990). It may be personal or
impersonal. The analogy is taken from the world of sports where the referee blows his whistle to
announce a foul when somebody violates the rules of the game, then the game stops for a moment
and the penalty is imposed. It is instructive to note that all allegations made by a whistle blower may
not be correct in the ultimate analysis, but it is just a first information report (FIR) for a possible
corporate crime. Whistle blowing goes against the boundary of loyalty towards the company
one is working for, and it involves a sort of ethical dilemma: on the one hand, there is an implicit
loyalty and on the other, there is something which is going against the moral fibre or culture of the
potential whistle blower.
Objectives of whistle blowing:
● Whistle blowing may be undertaken to bring the unethical matter before the public.
● It is resorted to for increasing the awareness of the people about a particular firm or a corporate
house. This is one of the ways the public can be informed about the real picture of the company
about what is happening inside.
● The basic purpose is to put the wrong-doer on the ethically right track. It a method of moral
● The allegation is made for the purpose of further investigation and analysis to reveal the
truth.
● It may be necessary to protect or improve the corporate image, which is under threat.
the case of the whistle blower. If one is sure that the policy, product or practice of the firm is
damaging to the public’s security and safety.
● Whistle blowing is justified if the product or policy of the firm is going to harm the consumers
reported.
● Whistle blowing is justified if the immediate supervisor of the employee is indifferent about
the matter when internally reported. The matter can be reported to the board of directors.
● The whistle blower must be sure that if the case is reported, a proper action will be taken to
remedy the situation. It can be reported, if the risk of whistle blowing should be equal to the
degree of its completed success.
risks involved.
● Examine your motive of whistle blowing. Is it strong and justified under the given situation?
● Prepare beforehand all the documentary evidence and information. You may have to produce
reported.
● State your allegation specifically and clearly.
● First report the case to the internal supervisor, and if he does not pay any heed, report it to the
● Decide whether you should resign or not before whistle blowing. One should take into account
● It is imperative to consult a good lawyer at every step and listen to his advice.
● Prepare all the documents that may be necessary if your case is challenged in the court of
law.
Apart from all the twelve precautionary measures to be taken before whistle blowing, it is also
necessary to ponder over the following five points not mentioned by Brown and Williamson:
1. Is it not advisable to take your colleagues or at least a few of them into confidence? They may
support you every time you need their help.
2. Does the whistle blowing satisfy your personal vendetta? Or, is it for the benefit of all the
employees or the public at large? If it is a personal grudge, whistle blowing may not be
necessary. Self-interest is not a compelling moral principle.
3. Study minutely the consequences (in a cost-benefit framework) of your action on you and on
your family.
4. Confide with your very close friend or relative about your decision to whistle blowing.
5. Ponder over all the alternative actions that can mitigate the unwanted situation.
may be given more onerous duties, burdensome assignments and his every action will be
monitored. He may have to undergo disciplinary actions and there may be financial penalties
and harassment.
● He may be identified as a trouble shooter and some of his colleagues, who are very loyal to
the company, will shun him and may report his weakness or dereliction of some duties. He
may be officially ostracized.
● Some of the members of his family may not cooperate with him and family relations may be
● He is fighting for a common cause which affects his colleagues and the public.
● Legal protection can be given if he is fighting a socially and morally just cause.
● In case of any punishment imposed upon him by his firm, the government can take action
sible or illegal.
● Whistle blower relating to a manager’s competence in daily work decision has nothing to
do with legality or ethicality. So this type of accusation is not to get any protection from any
quarter.
● Whistle blower against the decision of the management to transfer, demote or discharge, if
rightly done, is not legal or moral. Hence, the whistle blower should not be protected.
may damage the reputation of a corporate house. Some of these actions are also emphasized by
Maatman (2000, p.158):
● Take strict actions against those who are filing false reports.
● Stern actions should be taken against those who are corrupt and accepting or giving bribes, or
● Make it obligatory on the part of the employees to bring any act of malpractices and corruption
to the notice of the internal ethics officer or another senior executive entrusted with investi-
gating these cases.
● There should be an internal mechanism to listen to employees’ grievances.
● Reward those people who are ethical and who internally inform the malpractices.
These simple steps will eliminate the need for whistle blowing and perhaps the reputation of the
organization can be kept intact.
Summary
Organizational success needs to be cautiously interpreted. The success must be interpreted in
terms of a composite index that includes good financial returns, goodwill, customers’ satisfaction,
employees’ welfare, performance of social and ethical responsibilities and above all, the organiza-
tion’s core ethical values.
An organization has many types of structures. It may be centralized or decentralized. A centralized
system is very rigid and follows a top-down approach; a decentralized system is flexible and follows
the bottom-up method in decision-making. In a centralized organization, communication between
the top and the lower levels personnel is rather difficult, and hence ethical culture takes time to
become rooted. A decentralized type of organization can avoid many ethical dilemmas through
informal communication. The ethical culture of an organization depends primarily on the nature
of its leadership. A good leader can contribute to the creation of some ethical core values and can
strengthen and sustain the ethical milieu.
There are many types of leadership. It may be authoritative, affiliative, coercive or democratic.
It may also be radical, benevolent, collaborative, reactive or proactive. Leadership has to have
some power base. Power may come from expertise, official position, contact with higher author-
ities, coercive or personal charisma and behaviour traits. The ethical leader should have an ideal
character with accountability and transparency, and must be neutral in making decisions.
The ethical culture of an organization can be established through value based management. It
aims at looking at the long-term benefits, values and goals in the matter of management. The value-
based management can develop from the perspective of spiritual leadership which seeks to discover
the ultimate meaning and purpose of life. The social responsibility of a company can be enforced by
many ways including social audit. It reports an organization’s social performance. Many companies
these days appoint ethics committees and ethics hotlines to promote an atmosphere of ethicality.
The company following value-based management should give special attention to employees’
rights and try to fulfil those rights. It is indeed necessary for the employees to strengthen personal
Organization, Culture and Ethics 279
and organizational integrity at all costs. In case there is any conflict, it should be settled by giving
topmost priority to the organization.
The misdeed of an officer of a company can be exposed by whistle blowing. It is justified under
certain circumstances but it involves many personal risks and undesirable consequences even to the
extent of loss of one’s job. Indian laws give some protection to whistle blowers. However, it is better
to eliminate at all costs the need for whistle blowing in an organization.
Key Terms
Ethics Hotlines Top-down Approach Official Ostracism
Ethics Committee Bottom-up Approach Core Values
Negative Utilitarianism Sweat Shop Social Mission
Ethics Officer Whistle Blowing
(viii) In India, the _____________ and the _____________ Bill of 2010 are the outcomes of
the Supreme Court’s strong pitch for a mechanism to protect the whistle blowers.
(ix) _____________ are communication facilities that can quickly bring any matter related
to any ethical issue to the notice of a member of ethics committee for an immediate
solution.
(x) To settle disputes and set ethical standards for its employees, the Motorola has set up the
_____________.
3. Choose the correct option
(i) Who have identified the five main power bases?
(a) French and Ravin (b) Blake and Mouton
(c) Both (a) and (b) (d) None of them
(ii) Which type of leadership depends on participation and team work?
(a) Coercive type (b) Democratic type
(c) Coaching type (d) None of these
(iii) Which type of leadership sets high standards and get the work quickly done?
(a) Democratic type (b) Coaching type
(c) Pacesetting type (d) All of them
(iv) Long-term benefit and goals may be termed as:
(a) Yoga (b) Karma
(c) Dharma (d) Shreya
(v) Short-term goals that are temporarily present are termed as:
(a) Preya (b) Shreya
(c) Dharma (d) None of these
(vi) The duty to do good is also advocated by the Kantian:
(a) Dharma (b) Metaphysics
(c) Interpretation of dreams (d) Categorical imperatives
(vii) In India, for the first time, SA was conducted by:
(a) TISCO (b) IBM
(c) CTS (d) All of them.
(viii) Who (full-time employees) are specially appointed and empowered to investigate ethical
issues in an organization?
(a) CBI (b) Ethics Officers
(c) CID (d) All of them
(ix) Which is a mechanism of protest against the misdeeds of the manager, some employees
or any one of the corporate bosses?
(a) Whistle Blowing (b) Annual General Meetings
(c) Both (a) and (b) (d) None of these
(x) The Right to Information Act came into force in India in the year:
(a) 2000 (b) 2005
(c) 2004 (d) 2001
Organization, Culture and Ethics 281
Review Questions
1. What do you mean by power bases? Explain how they are related to organizational
leadership.
2. Write a short essay on social audit by explaining its objectives, scope and limitations.
3. Explain with examples the importance of leadership in a corporate ethical structure.
4. What do you think are ten most strong habits of an ethical leader? Elaborate.
5. What are the functioning styles of different types of leaders? Which one is the best?
6. Write an essay on whistle blowing explaining its purposes, importance and limitations.
7. What is value-based management? Explain its basic features and determinants.
8. Write short notes on: Ethics Committees, Ethics Hotlines and Ethics Officer.
Web Links
1. www.answers.com/topic/employee-rights [Employee Rights]
2. http://www.darden.virginia.edu/corporate ethics/pdf/ethical_leadership.pdf
[Developing Ethical Leadership]
3. http://www.ijtef.org/papers/27-C133.pdf
[Ethical Corporate Culture and Guidelines for Ethical Leadership]
4. http://www.accountancy.smu.edu.sg/events/pdf/whistle_blowing.pdf
[Whistle Blowing History]
5. http://timesofindia.indiatimes.com/india/India-doesnt-have-a-law-to-protect-whistleblower/
articleshow/5736903.cms [India doesn’t have a law to protect whistleblower]
6. http://www.scu.edu/ethics/practicing/focusareas/business/whistleblowing-update.html
[Encouraging Internal Whistle Blowing]
7. http://en.wikipedia.org/wiki/Leadership [Leadership]
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CHAPTER 14
Business Ethics:
A Cross-Country Perspective
LEARNING OBJECTIVES
This chapter will help the reader to understand
■ Why do levels of ethical developments differ?
■ Business ethics in Japan
■ Business ethics in America
■ Business ethics in India
■ Business ethics in China
■ Business ethics in the Arab World
INTRODUCTION
International business ethics is difficult to conceptualize, more difficult to interpret and perhaps
most difficult to make an appraisal. While interpreting business ethics of different countries, it is
imperative to take note of a couple of caveats. First, business ethics is not static; it cannot stick at
a particular plane and at a particular point in time. Second, the level of ethicality is a mixed bag
containing both ethical and unethical syndromes. Therefore, in the fitness of things, it is necessary
to keep in mind only the overwhelming ethical trajectory of a country. Since there are exceptions, it
is hazardous to generalize on the ethical nature of a country. In this chapter, an attempt will be made
to analyse the trend of business ethics in a few countries like the USA, Japan, China, India and the
Arabian countries as broadly as possible.
284 Business Ethics and Corporate Governance
Needless to add, when the value systems are different in different countries, the outlook to
business ethics is bound to be different, and there must be different techniques to resolve the ethical
dilemmas. However, there is a tacit understanding among scholars that the standard international
management culture is the same, it never varies. This notion of the uniformity of business culture
is known as universalism, and by implication, it is supposed to generate the same type of business
ethics all over the world. However, the business reality is not so simple, as will be evident from the
discussion hereafter.
In the past, Japan had a centralized feudalistic system and that has gone a long way in influencing
the system of teamwork and group practices. Hierarchical relations are still prevalent in Japan. The
workers are subordinated to companies, and small groups are subordinated and pay allegiance to
larger groups of corporate houses. It is indeed very difficult to violate this age-old tradition. Deviant
behaviour is openly criticised and punished. Group ethics is very strong in Japanese industries and
the business ethics or codes formulated by big corporate group of industries, are followed obedi-
ently by the smaller group of industries. For instance, the following business principles formulated
by the Matsushita are widely followed in Japan:
● Fairness
● Gratitude
In Japan, there is a conscious attempt to balance between the rationalization of the West and the
spiritualization of the East. The Japanese industrial ethics is always based on a visionary spirit. The
secrets of the success of the Japanese industries are listed below (Ouchi, 1982):
● Caring and sharing spirit of management and workers, disciplined working environment and
stakeholders.
● Loyalty to the organization. The workers and the management are in a familial relationship
and the conflict between the two, if ever happens, is a healthy, constructive and cooperative
conflict.
● The employment is permanent and the commitment is lifelong. The employers know the
workers very well and make the right decision at the right time for their promotions. Every
decision is made not by one man but by a group of executives.
● Leaders are motivated by personal integrity, hard work and social responsibility.
● Works are to be done just in time (JIT) with zero defect management (ZDM).
● Ethical values are not only to be respected but also to be translated into practice.
The seven principles cited above form the core principles of Japanese business ethics and
management practices. The long-term relationship between the two concerned parties has consid-
erably helped to build up a harmonious society. The philosophy of reciprocal help has remained
the basic tenet of Confucianism and Buddhism in Japan, and contributed to the development of a
harmonious business climate and growth of business ethics. The mutual trust has been the basis of
Japan’s social capital. Social capital is the mutual trust for the benefit of the society. Reciprocity
has influenced business ethics in the sense that it creates viable balance between sacrifice and
benefit. Everybody is working hard to benefit from business. Nobody is an exception. In the system
so developed, the transgressor is looked down upon and thus, finds himself isolated from the group.
The relationship between the employer and the employee is very strong and healthy. Both are
implicated in a system of mutual dependency. Japanese industries do not believe in downsizing,
retrenchment, merger and acquisitions and shareholders’ priorities, unlike the American system.
Business Ethics: A Cross-Country Perspective 287
Japan’s business ethics is based upon religious and social ethos. It is like a system of concentric
circle where the outer circle does not squeeze the inner circles but both mutually reinforce each
other. Concentric circle applies different ethical rules. Groups have their own spirit (numen)
which is connected to the ultimate reality in a normative framework. There are two normative
environments—transcendental normative environment and group normative environment. These
are interconnected. In a system of transcendental normative environment, the inner microcosm is
connected to the outer macrocosm through a good work based on ethical values. Japan did well in
retaining business ethics till the 1990s.
However, things have considerably changed in the area of business ethics in Japan after 1990s.
The recession had hit the economy hardly and in an attempt to recover from the recession, Japan
lost the spiritual values to pave way for materialistic considerations. People started working long
hours without caring for families just to establish themselves in a highly competitive world. The
workers became, so to say, the company’s livestocks. In the absence of the head of the family for
a long time, away from home, the family developed a different lifestyle which is not so ethical in
reality. Many executives commit suicides and mental diseases are a normal outcome of karoshi
(overwork). In recent years, loss of spiritual value in work, high-handed and corrupt bureaucracy,
cut-throat competition, dominating profit motive and the breakdown of employer-employee relations
are the basic causes of deteriorating ethical standards in the Japanese business today.
● Protestant ethics (for the sake of business, any means are justified)
● Importance of value-added
● No ethical values like, harmony, loyalty, religiosity and spirituality are given any priority.
Under this system of business design, there is hardly any scope for ethical compulsion, and the
freedom given to the corporate sector is abused and misused. The following unethical practices in
business are rampant:
● Corporate leaders are tempted by a very high target of profit and the concerned employees
have to achieve the target for promotion, job stability and good assignment.
● Corporate pressure compels the employees to adopt unethical ways and means
● By and large, most of the American companies violate the ethical principle of account-
ability. Loss of accountability has been responsible for many types of corporate crimes and
manipulation.
● Information leaking worth millions of dollars is another corporate misbehaviour. By doing
this, some insiders get benefits at the cost of the company’s goodwill and reputation. This
is an ethical infraction because managers do not take the responsibility. The only interest of
managers is to keep the business a going concern at any cost.
● The employees are not trained in business ethics, and the business environment is haphaz-
ardly diverse.
● Unethical practices like greed and temptation are rampant. Corporate leaders who are not
auditors who are appointed by the company have to work to the satisfaction of the boss who
is motivated by illegal and immoral gains and window dressing strategies.
● There are also various types of discrimination like sexual discrimination, racial discrimi-
Thus, exploitation of labour is randomly practiced. Workers are used as commodities, particu-
larly in the case of less skilled manual labourers.
● The pay differences between highly qualified manpower and low level manpower are too
wide. The multinational corporations practice what is known as “race to the bottom”. In such
a system, the workers at the lowest rung of the ladder (manual and unskilled workers) have to
face a dilemma of accepting a lower pay or quit the job.
Business Ethics: A Cross-Country Perspective 289
developed countries.
Most of the companies working unethically these days are exonerated in the name of bad business
and recession which is endemic in a capitalist economy like America. However, before 1990s,
America companies were much better on the whole. But the beginning of the 1990s was also the
beginning of bad days. A few lines from Charles Dickens are apt to describe the situation:
“ It was the best of times , it was the worst of times, it was the age of wisdom, it was the
age of foolishness, it was the season of light, it was the season of darkness, it was the
spring of hope, it was the season of despair”. (Charles Dickens, 1984)
The good news is that after the downfall of many renowned industries, many corporate houses
have now realised the importance of ethics in business from a long-run perspective. Incidentally,
companies that had high levels of corruption and unethical practices had to face the onslaught and
they were ultimately destroyed. The recent recession of 2009 experienced much lower incidence of
ethical misconduct, although otherwise it had remained very high in normal times.
All said, it is instructive to note that the Department of Commerce has approved certain business
principles in America for implementation. These principles are:
● Every business needs to respect human rights.
● Development of a legitimate business system and a corporate culture and no political coercion
in the workplace.
● Encouragement of corporate citizenship.
● Fair employment practices with no forced labour, or employment of child labour. The
employees should have the right of association, organization and collective bargaining.
● No discrimination at the workplace in terms of gender, religion, race and nationality.
The principles mentioned earlier, though do not cover many compelling ethical issues like social
and ethical responsibilities, and so on, are fair enough. The set of principles in itself is not that
important, but its fair and strict implementation. Many international business principles like the
Caux Round Table Principles and the Sullivan Principles, and so on, have been enforced in America
from time to time. But in spite of all that, many companies are behaving in an ethically oblique
way.
responsibility. But this is not the story of all types of small and medium business firms. Some of
them are over-ambitious and want to get rich quick. They do not much care about ethics in business
and use corrupt practices, adulteration, tax evasion, account manipulation, and so on. Although
Indian firms, particularly some of the big ones, are at post-ethical stage because of the influence
of globalization and a fierce competition, some of the big businesses in India are still at the ethical
stage and do not indulge in large-scale unethical practices.
A bit of historical development of corporate ethical practices will be necessary here to under-
stand the evolution of corporate mentality and, hence, the corporate ethics. There are three distinct
periods of industrial development in India—pre-independence, the period between 1947–1990
and the post 1991 period (period of economic liberalization). In the pre-independence period,
there was hardly any industrial growth and corporate ethics was not elaborate, and there was strict
control by the British colonial power. The industries like the Ahmedabad textile mills, jute mills
in Kolkata and some other existing industries did practice some unethical labour relations and
exploitation but serious scams were absent. In the second period (1947–1990), India experienced
many unethical industrial practices because of the lack of strict government control, unethical
bureaucratic practices, and flexible industrial rules and regulations. Tax evasion, bribery and labour
unrest were the usual practices. During the period of economic liberalization, many firms tried
to be more internationally competitive and they became outward-looking. So, these firms started
following international ethical practices and standard, at least on paper, and because of the conflux
of efficiency and ethicality, many of the Indian firms like the Tata, Infosys and Ranbaxy, to name
only a few, have become well-known. The positive spread effect compelled many other firms to
follow the suit and this has been improving the corporate ethics in India by and large. But all this
does not mean that all firms are ethical in India.
In fact, there are two types of business firms in India—ethical small, medium and large firms,
and unethical small, medium and large firms.
unethical.
● At the working place, respect is shown to elderly people and senior officials.
● Work is regarded as worship and official duty is performed without much consideration for its
● Employees are treated well, and often empathy plays an important role.
● Management is value-based and embezzlement, bribery and corruption are mostly absent.
● Reliable price and product qualities. Promises are kept with regard to after-sales services.
Customers’ satisfaction is the motto of many firms. Customers are regarded as Lakshmi (the
Goddess of wealth).
● The margin of profit is reasonable, and there is no attempt to cheat the customers.
● Political pressure impinges on the ethical standard of firms. The appointment in the high post
is often political.
● In some types of industries, like carpet manufacturing, use of child labour is rampant.
● Delay in wage payments and promotions are the usual practices in many small and medium
firms.
● Window-dressing in the balance sheet is widely done to attract investors and increase the
share prices.
● Many types of company scams have cropped up in India (for details, see Fernando, 2006).
Some of these scams include issues by non-descript companies (1993-94), mutual fund scam
(1998), market manipulation scams of Harshad Mehta (1992 and 1998), insider trading scam
(1994), fraudulent share delivery scam (1995) and IT scam (2000).
Ethical dichotomy (one firm having two ethical standards) is one of the important character-
istics of Indian firms. The dichotomy is both internal and external. Internally, even the same ethical
firm may have some unethical frills, and the unethical firms may have some ethical appendices.
Examples are abundant in India. Our categorisation of ethical and unethical firms is based on the
overwhelming characteristics of the firms.
step further to win the race. These include creative destruction, like, forgery, window dressing
in the balance sheet, product adulteration (say instead of 500 mg of paracetamol as written on
the label, the actual content may be 300 mg. of the real medicine), manufacturing of duplicate
products (like medicines), and so on.
4. Absence of strong and ethical corporate policy. If the policy is weak and the manager does
not make any strong commitment to ethical practices, a company cannot work coherently
towards any ethical goal.
5. Absence of ethical leadership. This prevents many companies to draw ethical working plans
and programmes. It is very often true that if the manager is ethically committed and very strong
in character, the idea percolates down to the lower level and the whole company becomes
ethical. A company is what its director or manager is. The percolation effect is a very strong
factor for the ethicality or otherwise of a company. On one occasion a senior executive of a
Tata company thought of saving some money on taxes. He expressed the idea and showed his
accounts records to the then Chairman, JRD Tata. Mr. Tata said, “It is not illegal but is it right?
It is not after all a virtue” (Lala, 2004). The executive never came to him with the same issue
and request, and the ethical ambience of the company totally changed from then onwards.
Having had some inkling about the ethical practices in India and America, we can now summarise
the basic differences in the Western and Indian cultural-traditional outlook in Table 14.1:
India thinks about value-based management, humanistic and socialistic pattern of society, and
a type of balanced and total man who is imbued with the idea of morality and spirituality and
plain living and high thinking. But the Western nations prefer to a have a system of profit-based
management, rationality and materialism, and the type of man they want is a calculated economic
person who always buys in the cheapest market and sells in the dearest market. Such a type of man
lives on the ideals of high living and plain thinking and is endowed with a capitalistic mentality. For
the Western countries, development means that you have to have more and more and but you still
remain unsatisfied (like Oliver in Charles Dickens’ novel, Oliver Twist), but for India, development
means that you should grow accordingly with a high level of human development.
Table 14.1 summarizes basic differences between the Indian and western cultural traditions.
Table 14.1 Basic Differences between the Indian and Western Cultural Traditions
● Lead paint used in toys to be used by children. Lead is a dangerous metal and is a threat to
health.
● Injecting water into meat to increase the weight.
There may be many more undetected scandals and scams. People doubt the ethicality of Chinese
business particularly for two reasons. First, it is a big question as to how China can supply goods in
the world market at such cheap rates by remaining honest? Second, since China’s corruption index
is very high, the business world cannot remain insulated from corruption. Transparency Interna-
tional’s Corruption Perception Index shows that China ranked 79th among 163 countries in 2009 in
the matter of corruption. Corruption is defined as the abuse of public office for private gains. The
puzzle is, in spite of serious problems of integrity and corruption, how can its economy prosper in a
continuous manner? One plausible answer to this question is that China is a big supplier of products
to the largest corporate firms in the United States. These firms always insist on cost reduction.
Hence, China has to find ways and means for cost reduction, and the result is unethical business
practices.
Back home, China is involved in a number of unethical business practices. The following are
only a few examples:
● Labour is highly regimented with no workplace freedom and with only limited occupational
mobility.
294 Business Ethics and Corporate Governance
● Wage is much lower than the productivity of labour and virtually there is a rampant exploi-
tation.
● Working hours are long and arduous.
● Labourers are the most oppressed class in China. They have no outlet to address their
grievances. Although their contribution is the highest in the country’s economic growth, they
live a miserable and dehumanized life. Trade unions are not permitted in China.
● Labour laws and rules are very strict. The Western philosophy of hiring and firing is
small and poor farmers at throwaway prices, develops it and sells at a much higher price or
builds houses and sells at exorbitantly high prices. This practice of government is unethical
on two counts: First, the land deals are not consensual, and second, these poor farmers are
not given alternative employment or means of livelihood. They are reduced to the status of
proletariats.
● The Chinese labour market has been experiencing capitalist orientation since long where
forced confessions and forced labour are widely reported (Ghosh, 2009, p.78).
● The human rights record of China is already tainted since the time of Tiananmen Square
incident of 1989 when about 3000 civilians died and thousands more were injured.
● Inequality of all types is very high and gradually increasing in China. For income inequality,
the value of Gini coefficient, which is a measure of inequality, was 0.27 in 1986 but it rose to
0.44 in 2004 (Ghosh, 2009, p. 28).
● Favouritism and nepotism are widely practiced in the industrial world.
Business ethics in China is influenced by a number of factors such as the Chinese traditional
ethics, the influence of the Marxist philosophy, principles of reforms and the global factors (Xiaohe,
1997). Before 1978, China was dominated by feudalism and there was hardly any scope for the use
of ethics in business. Only some mistaken class consciousness was prevalent in the society. Even
now, a section of the Chinese intellectuals and government spokesmen do not want to follow the
western ethical codes. The Chinese government wants to develop its own code of ethics instead.
However, it wants to retain some of the fundamental ethical codes of Confucius like responsibility
towards family, care and compassion, and so on.
In formal terms, ethics is given low priority in the Chinese business circle, and there is no impor-
tance of social responsibility in business. However, in many cases, ethical dilemmas cannot be
avoided. For instance, at the time of downsizing, who is to be retrenched, an old man or a young
man? If an old man is retrenched, the business neglects justice and compassion, and if a young man
is retrenched, the business loses efficiency.
Business ethics in China is influenced by the interplay of the principles of three religions:
Confucianism, Buddhism and Taoism. Sometimes it is called three-in-one business negotiations.
Chinese business people follow three basic rules for business negotiations. These are: trust,
strategy and the principles of bureaucracy. When the trust is very high, the negotiation is done like a
gentleman. When the trust is low, then a suitable strategy needs to be applied and when the political
Business Ethics: A Cross-Country Perspective 295
factors are important, bureaucratic principles are to be used for negotiations. For doing business in
China, it is not so much the business ethics that is important; what is more critical is the sharing of
the same heritage and values.
One of the reasons why business ethics is neglected in China is that, until now, all the organiza-
tions in China are to follow strictly the government rules and regulations. They have no freedom
to violate those instructions. However, the government is not fully a communist type, but there is
a system of one party rule—the communist party. In that framework, the Chinese philosophy is
basically capitalist in nature, and hence, market rules or principles are more important than ethical
rules.
However, of late, since China is becoming more and more a global player, it has to reduce many
unethical practices including corruption. Rather than favouring corruption, Mozia, a 5th century
philosopher suggested a law of protection (Rothlin, 2004). Nobody knows how effective it would
be. But in practice, corruption takes a long period of time to get eradicated in the absence of a
pervasive sense of spirituality.
is a woman manager, the contracting or negotiating part must have a woman to talk to her. The
woman in Arab must use a long veil.
● One has to respect the Arabian rules and follow them strictly. They are all based on the
Islamic culture.
● It is not good business etiquette to say “no” directly. Put it in a roundabout way so that the
on the other.
● During the business negotiation, nobody is permitted to consume alcohol, smoke or even
have coffee. These are considered haram, although smoking through water-pipe is permitted
in some countries.
● Prayer time must be observed, and there will be no negotiation during that time.
296 Business Ethics and Corporate Governance
● All trade must be in halal products and no haram product should be traded in or out of the
country. For instance, pork is a haram product.
● Charging of interest on loans is not permitted in Islam.
● Compromises with the religious and ethical beliefs under pressure are highly deplorable,
● Unlike in the United States, bribery is permitted in the Arabian countries. It is regarded as
● The idea of corporate social responsibility is gaining ground in the Arab world but it is still
of business ethics:
■ Loyalty: Loyalty to the religion, to authorities and culture and tradition.
■ Consistency: The behaviour pattern is uniform and there is no drastic change in the
personality pattern.
■ Predictability: The behaviour of the negotiator and authorities is predictable. It is also
related to consistency.
● Labour market gender discrimination is very conspicuous. But it is not considered to be
ethically wrong.
It is to be noted that the labour market dynamics of the Arab world is a conflux of the spiritual
reality of Islam and the materialistic actuality of the neo-liberal globalized world (Ghosh, 2010).
Women are segregated to low-paying occupations and their unemployment rate is very high. The
private sector is not much interested in employing women as they have to be given maternity benefits.
However, the recent trend is that women are making an in-road to the male-dominated professions,
and, thus, there are now women employees in stock exchanges and cyber clubs. However, women
do not own any means of production and do not participate in the decision-making processes. But
things are changing now in the Arab world.
The integrations of Western modernity with deeply-rooted religious beliefs and culture produce
a unique business ambience in the Arab world. One can find a peculiar mixture of the growing
trends of modernization and Islam. The introduction of market Islam has been responsible for the
generation of Islamic capitalistic spirit and prosperity theology. All these have been instrumental
for many products that are truly Islamic, like Islamic banking practices with many new products,
Islamic finance, profit-sharing schemes, and their own Islamic products including non-alcoholic
drinks, and so on. These are becoming popular among the Muslim countries. Sustainable devel-
opment organization has already been established and it is doing good works for a sustainable
development and putting the environmental issue on the top priority of the government.
All said, it must be appreciated that the Arabian people do not put any organized efforts to develop
business, unlike in the western countries. They neither have the outward-looking business strategy
or policy, nor do they have any business acumen and expertise. However, other people including
the MNCs are doing business in their land to tap the natural resources of which oil remains very
important. Thus, in order to deal with the foreign business people and MNCs, the Arab world is now
Business Ethics: A Cross-Country Perspective 297
interested in knowing some form of standardized global business practices and rules. It is in this
context that business ethics becomes relevant to them. However, this involves a cultural dualism in
the sense that on the one hand they have to be a part of the progressive trend of Islam and on the
other they have to deal with the external forces of modernization and globalization. It is indeed a
big challenge to make a judicious compromise or a trade-off between these two compelling and
emerging trends which are somewhat contradictory in nature.
Summary
The levels of ethicality differ mainly because of the influence of religion or spirituality. When
the firm owner is guided by the dictates of spirituality, he understands the meaning and purpose
of life and also the desirable objectives of his firm; whereas a religious-minded man knows only
the exoteric aspect of religion which consists of many rituals and details of outward behaviour. A
spiritually-inspired firm is more ethical than a firm which is guided by religious rituals. The levels
of spiritual development also make a perceptible difference. Most of the western countries are at
the pre-ethical stage whereas Asian countries in general are at post-ethical stage. These countries
are now under the influence of liberalization and globalization. They are forgetting their religious
ethos and tradition.
Japanese work culture and business ethics are influenced by religious ideas. Group ethics is very
strong in Japanese industries and the code of ethics formulated by big firms is followed by small
firms. Japan makes a balance between the rationalization of the West and the spiritualisation of
the East. Japanese industrial ethics is based on seven important principles like, respect for ethical
values, caring and sharing with environmental intimacy, mutual trust, loyalty, lifelong employment,
personal integrity and hard work. But after 1990s, the spiritual value system is decaying and business
is becoming more profit-oriented.
In America, there is an excess of materialism through the successful use of science and
technology. The motto of America is only business. Free market philosophy and profit-maximis-
ation principles dominate the business world. Although on paper, most of the rules and principles
of corporate governance are followed, but in practice, there are dangerous violations of almost
all the ethical principles. For instance, violations of accountability, information leaking, unethical
business practices, discrimination, dumping, and environmental pollution, and so on. Before 1990s,
American companies were much better but with the dawn of the new century most of the giant
companies became extremely unethical and had to face financial stresses and strains and downfall.
However, some of the companies learnt from the past mistakes and started behaving well. The
Department of Commerce approved a list of business principles for making the companies more
accountable, transparent and ethical.
In India, one can notice three distinct periods of industrial development and ethical leanings.
During the pre-Independence period, there was not much of industrial development and corporate
ethics was not elaborate. During the second period (1947–1990), India experienced many unethical
business practices due to high-handed control and regulations, and in the third period (since 1991),
many of the Indian firms started following international business practices in order to remain
internationally competitive. There are some ethical, some unethical and some firms with ethical
298 Business Ethics and Corporate Governance
dichotomy. Most of the firms are in this category. It is instructive to note that some of the compet-
itive firms have understood the importance of ethical responsibilities but at the same time, some are
indulging in unethical practices in order to get rich quick. The newly emerging big firms seem to be
more ethically vulnerable and have experienced scams and scandals due to their excessive greed.
Chinese firms have been exposed to international community in many unethical cases like the
sale of contaminated milk powder, supply of dangerous and unsafe goods, and so on. Evidently,
there is hardly any social responsibility in business. But in the business negotiations, bureaucratic
principles, trust and strategy are still depended upon. A few business practices will point to the
fact that Chinese business is not based upon any strong ethical foundation— labour is regimented,
wages are lower than productivity, working hours are long and arduous, labour laws and rules are
very strict and human rights are rampantly violated. The government is itself involved in many
types of scams and scandals. One of the reasons why business ethics is neglected in China is that
firms have to follow the government rules and regulations strictly, and the government does not
insist on business ethics.
In the Arab world, there is no formal recognition of business ethics. There is only the concept of
haram and halal. Whatever is dictated by the religion is also followed in business. The integrations
of western modernity with deeply-rooted religious beliefs produce a unique business ambience in
the Arab world. It does not put any organizational efforts to develop business ethics. However, in
the context of globalization, modernization and ‘Islamization’, the Arab world is facing a new type
of challenge in the area of international trade and business.
Key Terms
Religion and Spirituality Pre-ethical and Post-ethical Percolation Effect
Universalism Stages Halal and Haram
Karoshi Ethical Dichotomy Market Islam
Race to the Bottom Spread Effect
Social Capital Gini Coefficient
(v) The human rights record of China is tainted since the time of:
(a) Tiananmen Square incident (b) Hong Kong incident
(c) Both (a) and (b) (d) None of these
(vi) Rather than favouring corruption which philosopher of the 5th century suggested a law of
protection?
(a) Mao Tse Tung (b) Mozia
(c) Hiuen Tsang (d) All of them
(vii) In the Arab world, products like tobacco, coffee, alcohol are otherwise known as:
(a) Halal (b) Haram
(c) Both (a) and (b) (d) None of these
(viii) Which is ethical in the Arab world?
(a) Haram (b) Halal
(c) Sharia (d) All of them
(ix) The idea of calling for material progress that is working in Japan is similar to the philosophy
propagated by:
(a) Calvinism and Puritanism (b) Imperialism and Colonialism
(c) Both (a) and (b) (d) None of these
(x) The notion of unicity of business culture is known as:
(a) Organizational culture (b) Universalism
(c) Imperialism (d) All of them
Review Questions
1. Why do the levels of ethicality differ? Explain with suitable examples.
2. Compare and contrast the business ethics of India and China. Which one is better?
3. Why is the US called a pre-ethical country? If it has any business ethics, then why so many
important corporate houses failed?
4. Explain fully the basic characteristics of Japan’s business ethics.
5. Critically explain the business ethics of India. Compare it with that of the USA.
6. Why is China progressing so fast as a global business player in spite of its questionable
business integrity?
7. Of all the countries that have been studied, whose business ethics has influenced you the most
and why?
8. Arabic people are religious. Does it mean that they are ethical? Explain your views.
Web Links
1. http://web.tepper.cmu.edu/jnh/aib.pdf [Cross-Cultural Issues in Business Ethics]
2. http://www.uhyadvisors-us.com/uhy/Default.aspx?tabid=917
[Reviving Business Ethics in America]
3. https://cfo.executiveboard.com/public/documents/CELC_Business_Ethics_in_China_
When_Working_with_Potential_Chinese_Partners.pdf
[Business Ethics in China When Working with Potential Chinese Partners]
Business Ethics: A Cross-Country Perspective 301
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Xiaohe, Lu (1997), “Business Ethics in China”, Journal of Business Ethics, Vol. 16, #14
CHAPTER 15
Ethical Decision-Making
in Business
LEARNING OBJECTIVES
This chapter will help the reader to understand
■ Decision-making and types of business company
■ Josephson’s six pillars of character and business decision-making
■ Krolick model of decision-making styles
■ Stage theory of cognitive ethical development and business decision-making
■ Ethical models for making business decisions
■ Constraints in ethical decision-making and implementation
■ A framework for making good ethical decisions in business
INTRODUCTION
The highest knowledge, said Socrates, is the knowledge of good and evil, the knowledge of the
wisdom of life. But in his Practical Reason, Immanuel Kant, the famous German philosopher,
observed that no action is good in itself. A good intention is the prerequisite for a good and ethical
decision-making. If an ethical decision is made by force or by the circumstantial compulsion, much
of the ethical motive or intention is lost in the process. The ethical decision-making should come
from the heart and not the head. Indeed, a heart has a reason of its own which a head sometimes
cannot understand. The present chapter discusses a number of relevant topics for ethical decision-
making in business including the nature of the company, decision-making styles, determinants,
Ethical Decision-Making in Business 303
character traits of decision-makers, cognitive theory of moral development and business decisions,
theories and basis of decision-making and the ethical tests of good decisions in business.
● Immoral management
● Amoral management
Some business concerns are based on morality. It may not be hundred per cent moral in the strict
sense of the term, but it is based on ethical premises, does not cheat anybody, and follows the
dictates of morality in its actions and behaviour. It follows the policy of honesty, openness, equal
and fair treatment towards the employees, suppliers, consumers and shareholders. The strategy of
this type of business organization is morally managed and it gives a due consideration to follow
the rules of morality in business and day-to-day decision-making process. For such a company, it
is not difficult to make ethical decisions.. This is so because the whole business ambience smacks
of morality.
Against the morally managed business concern, there may be some concerns which are immoral
in nature. This is evident in their actions, pricing, dealings, distribution mechanism, marketing
strategy, advertising, price fixation, treatment of employees, customers, suppliers and stakeholders.
This type of business company practices lying, cheating, forgery, irresponsibility, unfair treatment,
discrimination of various types, unfair and fraudulent behaviour, exploitation and secrecy of many
types. It is very difficult for these companies to be ethical. They do not give much importance to
the principles of morality and it cannot be expected that these companies will usually implement
an ethical decision-making. If, at all an ethical decision-making is made, it may be more a matter
of chance than a matter of practice.
Conceptually, there may be another type of business company which may be called amoral.
This type of concern is neither moral nor immoral. It has no basic proclivity to a particular
type. The company is rather indifferent and less concerned about morality and ethics. It does not
take up any immoral actions or strategy. It follows the minimalist strategy towards shareholders
and stakeholders. It does not care about ethical or non-ethical business decision-making. However,
it is instructive to note that it is not ant-ethical or immoral by nature. Given the orientation by a
proactive manager, it can be made sensitive to ethical decision-making decisions. The only thing
that is needed to make it more ethical is a strong external or internal force which may come from a
new management or managerial initiative.
Organizational Value
It has been accepted by researchers that organizational values wield a far greater influence
on the decision-making than individual factors (Ferrell and Ferrell, 2001, pp. 64–78). An organi-
zation is composed of a group of persons having different background and family circumstances.
In the matter of personal life, these people may have different views on ethical or moral principles.
However, whenever a group of people meets in an open space for a purpose, it is the idealistic view
that predominates. In fact, group or herd psychology is different from individual psychology and
the former is more pro-ethical than the latter. The group takes up an ethical decision jointly and in
so doing, it is criticised less or praised more by the public and also by the community.
Whether a company will go for an ethical decision-making or not will largely depend on the
orientation or predisposition of the company towards morality and ethics, as discussed earlier.
The orientation of the company can be known from its mission and vision statements. Once
these are publicly portrayed as the accepted principles, the company finds it difficult to change
the orientation structure in the short-run. The corporate culture consisting of a set of values,
principles, goals, attitudes and beliefs is more or less permanent in character, and it takes years or a
revolution to change it. The corporate culture needs to be institutionalised and enforced. It is inter-
esting to note that there is a definite interrelation between the corporate culture and ethical culture
(Weber and Seger, 2002); both are cause and effect of each other and it is indeed problematic to
functionally separate them, although they are conceptually separate categories.
Personal Predisposition
Just as an organization is influenced by ethical issue intensity, in the same way, an individual in a
company either the employee, employer or the stakeholder is influenced by this. At the individual
level, the importance of ethical issue in all decision-making will partly depend on his family
situation, upbringing, parental values, social values, and so on. Many factors and forces shape the
personal predisposition towards ethical decision-making by a manager. Some of these factors will
be briefly discussed here:
Ethical Decision-Making in Business 305
Gender
It has been found from experience that in general women are more ethical than men (Loe et al.,
2000, pp. 185–204). This means that women are more sensitive towards the ethical issues and they
seem to be more concerned with them.
Age Structure
By and large, young managers are less concerned about ethical issues in business decision-making.
There are, of course, exceptions but no compelling empirical finding contrary to this statement.
Elderly managers are more sensitive to ethical issues and corporate social responsibilities. This is,
however, not to deny the complex relation between age and morality. Some researchers have stated
that older people may not be necessarily more wise (see Peterson et al., 2001).
Education Level
The level of education of a manager is an important determinant of ethical values. The relationship
between these is generally positive. However, education should be interpreted in a broad sense that
includes both formal and informal education. For instance, a person may not have much formal
education but he may be highly religious-minded and ethical in decision-making. Businesspeople
are found to be more ethical than students (O’Fallon and Butterfield 2005).
Ethical Leadership
The quality of leadership is a critical factor for business decision-making. If the leader or the
corporate manager has no ethical mental make-up, it cannot be expected that business decisions
will be ethical. In a system of hierarchical management based on Top-Down Principle leadership,
ethics is the first prerequisite for ethical business decision-making.
Rules vs Discretion
This is an important issue in making or not making ethical decisions in business. The rules laid down
by the senior bosses will have to be obeyed in the corporate world. Hence, an ordinary manager
cannot flout the rules. If the set rules are based on ethical principles, the decision-making will be
ethical, otherwise not. Managerial discretion may or may not be favourable to ethical decision-
making. It depends on the personal proclivity of the manager.
In this connection, a few personal values discussed as under remain crucial for business
decision-making:
306 Business Ethics and Corporate Governance
● Sense of Trusteeship
● Sense of Duty
● Good Citizenship
The list of virtues can be extended further (see for details, Chapter 2). All the above-mentioned
virtues are directly correlated with ethical business decision-making. It is now possible to state in a
functional form the factors that influence ethical decision-making in business.
Ethical Business Decision-making = f (G, AS, EIF, EL, EL, R/D, PV)
Where:
[G = Gender, AS = Age structure, EIF = external-internal factors, educational level, Rule or
discretion, personal values]. The general impact of these factors on ethical business decision-
making has been discussed earlier.
Caring Personality
Care triumphs over all human deficiencies and transgression. The most important attribute of a
person is his caring attitude. The caring and sharing can be for the family members, relatives or
for the society. If one cares for the society, the business decisions will be pro-social and more
human-centric. Care is the first starting point of all ethics and ethical principles worth the name.
Without care and love, no principle can be developed by a person. Care advises renunciation and
philanthropy. Thus, if a businessman is endowed with the attribute of caring and sharing, it is
normally expected that the businessperson will make ethical decisions for the purpose of running
his business. This is so because ethical decisions will ultimately benefit some people who may be
needy and poor. Having said this, it is imperative to understand a note of caveat. A caring person-
ality or attitude does not mean that a business man has to relinquish his basic business philosophy
of profit maximization. Care can co-exist with business principles.
Respect
Respect for others is another cornerstone for ethical decision-making. Respect involves caring,
non-injury, giving attention to somebody’s needs, courtesy, avoidance of exploitation, giving equal
Ethical Decision-Making in Business 307
status or even higher position to others, decency, dignity and honour. Respect is a method of paving
a way for egalitarianism. Respect is reciprocal in nature. If you pay respect to somebody, he will,
in turn, pay respect to you. Respect implies a negative ego-centric behaviour, which is the basic
pre-condition of ethical positioning. Thus, out of respect you activate the social interdependence,
connection and cooperation. All these are great virtues to any businessman, and respect is one of
the pillars of ethical decision-making. If you have no respect for others, you have no right to make
ethical space for others.
Responsibility
From care and respect comes the sense of responsibility. Responsibilities are basic duties that one
needs to perform for sustaining care and respect. Responsibilities imply accountability, sharing
the agreed burden and preparedness for every eventuality in a particular context. When a person
takes a responsibility, he has to work hard to perform the work for which he has taken the respon-
sibility. Responsibility and accountability go hand in hand. Accountability implies that a person is
answerable for what has happened in that particular case or situation, and he has to bear all moral
responsibility for that. In the matter of ethical business decision-making, the decision-maker takes
the sole responsibility of such a decision. He is accountable for the impact of that decision whether
it turns to be good or bad. Ethical decision-making, however, does not involve any bad outcome but
only social welfare or public good. Needless to say, in the case of ethical business decision-making,
the manager bears the responsibility and he also remains singularly accountable for his decision.
Trustworthiness
A moral responsibility on the manager or any person implies that the person is trusted by others. A
trust is an important asset of all human beings. To be trustworthy is to have an additional respon-
sibility. A person becomes trustworthy only when he possesses some special virtues and character
traits like integrity, honesty, sincerity, regards from others and truthfulness. Integrity has been
defined as a process of awareness and alignment of moral values, character and balanced judgment
that can ensure the promotion of a sustainable moral development (Petrick and Quinn, 1997). So,
a person who is trustworthy has many ethical or moral qualities. When a manager is found trust-
worthy by a company, he is entrusted with some autonomous managerial functions that become
helpful for ethical decision-making in the business.
Trustworthiness is also related to loyalty and reliability. A person who is trustworthy has to
be loyal to certain authorities or persons from whom the trust comes. It is after going through
numerous tests and experiments that a person is declared trustworthy. Thus, a trustworthy person is
invariably reliable. In the matter of managerial decision-making, the superior authorities delegate
some power to the manager to make ethical decisions, and they believe that since the manager is
trustworthy, he will not do anything wrong.
Fairness
Fairness involves justice, equal treatment of people under equal situations, impartiality, non-dis-
crimination, openness and transparency. A fair decision is the decision that is taken without fear
and favour and without pride and prejudice. A fair decision is always based upon the merit of the
308 Business Ethics and Corporate Governance
case. A neutral decision is a fair decision. In a fair decision, the person, group or individuality does
not matter. A fair judgement is taken dispassionately without any partiality. However, a fair ethical
decision may be somewhat in favour of the poor and the deprived section of the community. In the
matter of justice and fairness, John Rawls (1971) has some special concessions to offer to those
people who have already been exploited and who do not have even the basic goods for survival.
He calls this as the Difference Principle. It says that, if at all some inequality is to be permitted it
must be in favour of the poor and the destitute. Fairness is a great virtue that should be practiced in
making ethical decisions in business.
Citizenship
Citizenship is the recognition of a person as the legal inhabitant of a particular country for which he
is accorded some rights and privileges like, right to vote, right to enjoy public goods and benefits,
and so on. However, it also enjoins certain duties and responsibilities, like the obeying of laws,
respect for the constitution of the country, taking part in the decision-making process, directly or
indirectly, to keep up the moral strength, standard and pride of the country, and so on. A citizen
enjoys certain fundamental rights like the freedom of expression, of speech, right to live, right to
security and protection, right to information, right to enjoy the public goods and basic necessities
of life, and so on. A good citizen has to contribute towards community development, maintenance
of environmental quality, ecological balances and social development. Social responsibility is one
of the important responsibilities of a good citizen. In the same way, a good corporate citizen
has to perform many social responsibilities including social welfare, environmental protection,
conservation of resources and sustainable development of the country. Ethical decision-making in
business includes all these areas of responsibilities.
● Altruistic Mode
● Pragmatist Mode
● Idealistic Mode
The individualistic mode is based on self-interest, personal gain, progress and success.
However, although many individualists speak about success, the meaning of the term success is
neither uniform nor the same to everybody. Success may be calculated in terms of total profit, or
name of the company, or market share, goodwill, sales maximization or assets maximization (see
Ghosh, 2010, Ch.2). The decision mode is based on naïve ethical relativism.
Altruism is a philosophical and a philanthropic approach to decision-making. In this context,
altruists think about the interests of the society, mankind, and the future generation. They take or
recommend the policy which will maximise happiness of all or at least the maximum number of
people. Sometimes, confusion is created by saying that altruists are utilitarians in disguise. This is
Ethical Decision-Making in Business 309
not so, because altruists do not make a rational calculation of costs and benefits from the project
and do not recommend the one that brings the highest net benefit (total benefits minus total costs).
The altruists are universalists and not at all self-interested.
Pragmatists are concerned with the practical solution of a problem at the present moment
by disregarding other things. The present needs, problems and solutions are more important to
pragmatists than anything else. For solving the present issue, they can adopt any ethical theory
or principles and may not necessarily adhere to that theory for all the time to come. They depend
more on ethical relativism. More often than not, the pragmatists use that approach which brings in
more utility or advantage. Thus, it can be said that it is, in a sense, more close to the philosophy of
utilitarianism. But this is not to deny the fact that it does not follow a particular rule or theory all
the time.
Idealists are lovers of ideal principles or rules. Sometimes, they blindly follow those rules.
Business decisions of idealists will be based upon an ethical principle which is dear to them, and
for that principle, idealists can sacrifice anything and everything. They are duty-bound people and
justify their actions in terms of certain ethical norms or principles. They do not believe in ethical
relativism or any sort of compromise. They believe in ethical absolutism under all situations. They
are very committed, motivated and consistent in all their decision-making.
Having explained all these decision-making modes, it must be conceded that none of these
modes is free from criticism. This is the reason why some people prefer to apply the rule of ethical
pluralism in making business decisions. Ethical pluralism takes into account an admixture of a few
principles at the same time, if possible, and does not believe in the uniqueness or all-time superi-
ority of one principle over the other.
Be as it may, it has been accepted by ethical analysts that while pondering over ethical decision-
making in business, the personal ethical background of the decision-makers becomes a critical
factor.
The process of ethical development is a long-drawn process from childhood days to mature stage
of a person. In this context, one can explain the theory by Kohlberg and others (see for details,
Chapter 1). It is believed that Kohlberg’s theory can be applied in the case of business decision-
making. Let me elaborate on this in the following section.
doing bad things and for the overt action to good things. Although this is the childhood stage
of moral development, it can be made applicable in the business world. The manager can
induce other employees to do good things for rewards and can also punish the wrong-doers.
However, the application of the punishment and reward principle will depend on the corporate
ethical culture and ethical base and structure.
310 Business Ethics and Corporate Governance
or reciprocal advantage. It is really the beginning of ethical or social responsibility both for
individuals and for the business. The company is now out to do something good for the stake-
holders, stockholders and society and undertakes ethical decision-making. This is the stage of
building good relationship, maintaining it and thinking about the well-being of others. This
is the stage in which corporate social responsibility starts gaining the foothold and business
decisions are moulded accordingly.
● The Stage Four is marked by the consideration of duties. The firm becomes more deonto-
logical in nature and makes business decisions accordingly. Duty towards society, maintenance
of social order and respect for laws and superior authorities are reflected in business decision-
making. Obedience to legal instructions is marked in this stage of ethical development.
● Stage Five is the stage of upholding basic human rights and values and creating social
contract. At this stage, the business company recognizes other groups and some business
commitments. This stage may experience some conflict between the prevailing law of the land
and some moral principles or ethics. This type of conflict can be reduced by rational evalu-
ation of overall utility functions. The decision of the firm at this stage is based on the idea of
utilitarianism. That is, it is influenced by net utility or net benefit to society (total social benefit
minus total social cost). For instance, a doctor may first try to save the life of an accident
victim without wasting any time to report the case to the police. This is so because the medical
form thinks that life is more valuable than the amount of fines to be imposed by the police
authorities for non-compliance.
● Stage Six is the stage of consolidation of certain ethical values. At this stage, a firm
individual and if this benefit is higher than the net benefit of an alternative policy. This principle
was made popular by Jeremy Bentham and John Stuart Mill in the nineteenth century. They
are the founders of the school of utilitarianism. The principle of utilitarianism is being used
since long and is still a very popular principle in public policy domain in spite of its many
limitations.
● In the context of this principle, a minor moral lapse or aberration (cost) like bribery is justi-
fiable if it brings greater benefit to the society. Suppose Mr. Martin bribes a governmental
official to get a permit to continue the production of soldiers’ uniform in his factory where
100 poor people are working. Is it morally wrong to bribe an official? The utilitarian principle
will tell us that it is morally right to bribe the official in this case because through this action,
Martin has been able to save the family of 100 workers from starving.
Consequentialism puts more emphasis on the consequences or result of an action rather than the
action itself. A business decision is morally acceptable if it benefits people at large at the end of the
day and that benefit is much higher than the cost. It is instructive to note that in the case of ethical
business decisions, the social gain must offset the personal gain, and that the desired end must be
achieved in an efficient manner (Barry, 1986).
Rights-based Model
● Duties correspond to rights. According to the theory of rights, it is ethically correct to take a
decision or make a policy that will guarantee the legitimate rights to people who do not have
these rights. The violation of rights must be protected and legitimate rights must be estab-
lished or restored.
● Rights are entitlements and some rights are fundamental in nature such as, right to live, to
have freedom of speech, to security, right to property and the like.
● Kant stressed the importance of personal rights. There many types of rights including moral
rights, legal rights, property rights, contractual rights, and so forth. While legal rights are
protected by state, moral rights are to be protected by society. Hence, there is a need for the
corporate sector to intervene and make suitable decisions in this regard.
Justice-based Model
The term justice is interpreted in various ways, some of which are discussed as under:
● Justice is an ethical action that treats everyone fairly and consistently in accordance with some
● Since all people are not equal in every respect, justice demands that equity should be the
correct principle and not absolute equality. Thus, for a person in the middle-income group, the
rate of tax is lower than that on a rich person.
This is so because the marginal utility of money is different for these two groups of people.
● The concept of justice includes: distributive justice (fair distribution of benefits and burden),
procedural justice (fair method of making a deal, agreement or contract), retributive justice
(correct punishment in accordance with the harm or injury done) and compensatory justice
(fair compensation to someone for the harm or injury done in the past).
Virtue-based Model
● Any decision or action is justified if it encourages certain virtues, like honesty, integrity,
sincerity, self-control, fairness, sacrifice, trust, truthfulness and so forth.
● Virtue is a type of character trait that makes a person wise and helpful for the optimum
development of his personality in such a way that he cannot only develop himself but can
also contribute towards the social and humanitarian development. Virtue has many positive
externalities (external effects).
● A virtuous man is an ethical man and any decision taken to develop human virtues is an
ethically correct decision.
● An ethical decision needs to be consistent with certain ideals of virtue. The decision-maker
must exhibit, exercise, develop or encourage a morally virtuous character. All good decisions
must encourage virtues and discourage vices of any form.
● Common goods are those goods which can be used by all, irrespective of their personal status
or position. Such goods may be public goods like charitable hospitals, roads, street lights,
public security system, and so on. For using such goods, all persons need not pay equally or
some persons need not pay at all. Those who are not paying are called free riders, and they
can also enjoy the benefits of such goods.
● Common goods are benefits that can be made available in a particular region or area or state.
Care-based Model
Care-based ethics is perhaps the best of all ethical models. It says that the interlocking social and
personal relationship is the basis of all ethical actions. A decision is ethical which is based on care,
compassion and love. The Bible says: mercy triumphs over all judgments. Care-based ethics can be
interpreted in various ways:
● It is ethical to take care of all those persons whom we love and who need our care and
compassion, love, kindness and mercy. This primarily encompasses our close relatives and
family members.
● Care-based model is also extended to include the people in a society that need care and
compassion. The care may be through financial support or physical care. Care based ethics is
a part of corporate social responsibility.
● The model also includes caring for all those persons who are not our relatives. They may be
unknown and strangers to us, yet they deserve our care and compassion.
● The ethics of care transcends the boundary of narrowly-defined relationships and teaches us
7. The organization may be indifferent towards business ethics and there may be the absence
of ethical leadership. There is no proactive attempt to make the company ethical in character.
8. There may be different types of conflict at different organizational levels such as between
employer-employee level, employee-employee level, investors-management level, and so on,
about the desirability of ethical orientation and ethical decision-making in business. If all the
people working in organizations do not have a common opinion about an issue, there may be a
moral conflict. If conflicts are not resolved properly, ethical decision-making may be delayed
or discontinued, or not taken up at all.
9. There may be, in many cases, lack of suitable opportunities, timing or financial ability to
engage in an ethical programme. The will may be there but right opportunities may be absent.
involved that need to be solved. The case may be with respect to internal management relating
to working conditions for all the employees, or about the possibility of giving a job to a
crippled person. The ethical issues in these two cases are different, and the manager should
analyse each case separately to appreciate its various dimensions. It is not enough to merely
read the files, but it is imperative to study the cases.
● Think about the ethical intensity of the problem, its importance for the firm and the
industry, and its priority in the scheme of your business agenda. One should also analyse
the company’s goals and objectives (mission and vision) to contextualise the case that needs
a solution. A green signal is given when there is no fundamental contradiction between the
goals of the company and the ethical solution needed. It is also to be ensured that the company
has the ethical culture that can accommodate this type of situation.
● The solution of the case in terms of the most appropriate ethical model (I have discussed
many such models earlier in this chapter) needs to be contemplated at this stage. There
may be the relevance of the model of rights, of care, or of fairness and justice. For instance, if
there is unfair gender discrimination and women workers are not given the same pay as their
male counterparts in spite of equal productivity, it is a clear case of injustice and discrimination.
Ethical Decision-Making in Business 315
The manager should apply the principle of justice and fairness. The model that is to be applied
must be consistent with the company’s ethical culture, commitment and ethical base.
● At this stage, the manager will do well to study the feasibility of the solution in terms
of available resources. If the solution is within the feasibility area, he should take the case
forward.
● It is now necessary to discuss the completed ethical action or decision to the senior officers
and with those whose assent is necessary. The manager should impress upon them about the
importance of the case and its far-reaching implications.
● At this juncture, it is imperative to clearly understand the dual implications of the case.
First, what will be the consequences if this ethical issue is not solved? This may be examined
in terms of legal action, damage of reputation, expenditure on litigation, and so on. Second,
what will be the implications if this case is solved ethically? The manager must discuss all
these factors with the Board of Management.
● It is advisable to think about all the possible and feasible alternative solutions. Some of
these may be relevant in the short-run and some in the long-run. But the implications may
be different. Knowledge about the alternative ways of attaining the ethical desideratum is
immensely helpful for the manager to make adjustments and accommodations in the policy
framework. Some of the alternative solutions may be discussed in open meetings to get the
feedback and general consensus. It is also necessary to resolve the legal issues, if any, that
stand in the way of ethical solution.
● Some proposed ethical solutions of a problem may involve ethical dilemmas, conflicts
and contradictions. These may be internal or external. These should be resolved amicably,
and many a time, a trade-off between two alternatives may be necessary. Very often, the
long-run and the short-run objectives of a firm may be in conflict. A compromise or a recon-
ciliatory approach on the basis of cooperation may be helpful in this type of situation. For
instance, profit maximising objective of a firm is in conflict with welfare maximising objective.
In this case, a policy trade-off that achieves something of both of these desiderata will be
a welcome decision.
● When every problem is solved and the deck is clear, it is time to take a firm decision by
taking into confidence all those that matters. However, once the confidence is reposed on
the manager by all, and something happens by chance, he will perhaps be excused. Those
who matter will not mind and those who mind will not matter.
● Once the ethical decision is made, implement it as soon as possible. Justice delayed is
justice denied. More time may mean more cost and sacrifice, and also more uncertainty.
Test Questions
1. Is your decision right (as per ethical rules, legal tests and professional ethics)?
2. Is your decision fair (justified/non-discriminatory)?
3. Is your decision not harmful to anybody?
4. Will you be comfortable if your decision is published on the front page of the local
newspaper?
5. Can you ask your child to take the same type of decision in future?
6. How should a third party feel about your decision?
7. Is your decision helpful to the society?
8. Does your inner voice support your decision? (Gut-feeling Test)
9. Will you like if everybody makes similar decision?
10. Is your decision pro-poor or pro-common people?
Points 7 and 10 are particularly important for an ethical business decision. In this context, what
Mahatma Gandhi said about public policy-making is immensely relevant. Gandhi makes it clear
that whenever a policy-maker is in doubt about the usefulness of his policy he should consider its
possible impact on the poor and the common people of the society.
Let us quote him:
Whenever you are in doubt, or when the self becomes too much with you, apply the following
test. Recall the face of the poorest and the weakest man whom you may have seen, and ask
yourself if the step you contemplate is going to be of any use to him. Will he gain anything by
it? In other words, will it lead to swaraj for the hungry and spiritually starving millions?...
Then you will find your doubts and your self melting away.
(Gandhi, August, 1947, Vol. 8)
Gandhi’s reference to swaraj here should be interpreted as economic freedom. Spiritually starving
millions should refer to those people who have no knowledge about the right kind of life, liberty
and common code of ethics.
Summary
A good intention is the pre-requisite for ethical decision-making in business. It should come
from the heart and not just from the head. It is instructive to note that some business concerns
are basically moral, some immoral and some are amoral. An immoral company is neither moral
nor immoral, it is just indifferent. It follows the minimalist strategy and does not bother about
morality or immorality. The matters of ethical decision-making, individual factors and organiza-
tional values become immensely important. If the company has a value-oriented corporate culture
and pronounced ethical stance as can be seen from its mission and vision statements, the process
of ethical decision-making becomes rather easy. If the ethical base or intensity is strong, its ethical
superstructure will be sprawling and expanding.
Just like the ethical intensity, personal predisposition is also an important deterministic factor in
ethical decision-making. Some of the factors in this context which smoothen the work of ethical
decision-making are elderly employees, female workers, education level of workers and the volume
Ethical Decision-Making in Business 317
of corporate profit are all positively correlated to ethical decision-making. If the corporate sector is
based on rules that are ethically favourable, then those rules can go a long way in ethical decision-
making. Personal values like the sense duty, good citizenship, love for fairness and justice and caring
for others can facilitate the work of ethical decision-making without tears. In this context, Michael
Josephson’s six pillars of character that include responsibility, respect and so forth can be helpful
for ethical decision-making. Krolick model of decision-making is based on four distinct modes.
The individualistic mode is based on self-interest, altruist mode gives a philanthropic approach, and
the pragmatist mode is concerned with practical solutions.
The stage of ethical development of the decision-makers is critical in the process of decision-
makings. Kohlber has discussed six stages of cognitive ethical development. In this process, the
first stage is based on reward and punishment and the evolution goes on changing till it settles at
some universal stage of ethical development through learning and experience. The decision-makers
may be influenced by end-based theory or morality, or duty-based principle, virtue-based principle,
common-good principle, care-based principle, right-based principle or justice-based principle. An
ethical business decision may be based on a particular principle or a combination of a few principles
(ethical pluralism).
Be that as it may, there are some practical constraints in ethical decision-making. Some of these
are lack of ethical orientation, amoral nature of the company, lack of ethical culture and so forth. A
framework can be devised to make corporate ethical making a success. There are ten general tests
to ensure good ethical decision-making by a company. These tell us that if the decisions are fair and
just, rights-based, not harmful to anybody, can be universalised, should be imitated by all and can
be publicised, helpful to the society, to be liked by all in general, is pro-poor and the inner voice
supports it, then it is a good ethical decision.
Key Terms
Immoral and amoral Corporate Culture Gut Feeling Test
Ethical Intensity Ethical Pluralism Free Rider
Ethical Base and Superstructure Integrity Public Goods
(vi) The principle which was made popular by Jeremy Bentham and John Stuart Mill in the
nineteenth century is:
(a) Universalism
(b) Utilitarianism or Consequentialist Principle
(c) Both (a) and (b)
(d) None of these
(vii) According to which principle all persons should be treated with respect?
(a) Universalism
(b) Utilitarianism or Consequentialist Principle
(c) Both (a) and (b)
(d) None of these
(viii) That any decision or action is justified if it encourages certain virtues, like honesty,
integrity, sincerity, self-control, fairness, sacrifice, trust, truthfulness, and so forth, has
been upheld by the:
(a) Justice-based model (b) Virtue-based model
(c) Rights-based model (d) All of them
(ix) Those who are not paying to use the public goods are:
(a) Free Riders (b) Suppliers
(c) Both (a) and (b) (d) None of these
(x) That duties correspond to rights has been upheld by:
(a) Justice-based model (b) Virtue-based model
(c) Duty-based model (d) Rights-based model
Review Questions
1. Explain critically the four popular modes of business decision-making.
2. What are the basic determinants of ethical decision-making in business?
3. What preliminary Ethical Tests will you perform to ensure that a particular decision is
ethical?
4. Is it possible to apply Kohlber’s theory of cognitive moral development in the case of business
decision-making? Explain fully your view.
5. Write note on Krolick’s four modes of decision-making.
6. Decision-making depends on the corporate culture and ethical base or intensity. Do you agree
with the statement? Give reasons in support of your answer.
Web Links
1. http://philosophy.lander.edu/ethics/ethics.papers.s00/paper9.html
[The Difference between the Amoral and the Immoral]
2. http://jobfunctions.bnet.com/abstract.aspx?docid=900417
[When Personal Values Conflict with Ethical Decision-making]
320 Business Ethics and Corporate Governance
3. http://www.decision-making-confidence.com/personal-values-and-decision-making.html
[Personal Values and Decision-making]
4. http://en.wikipedia.org/wiki/Kohlberg%27s_stages_of_moral_development
[Kohlberg’s Stages of Moral Development]
5. http://www.ethics.org/resource/plus-decision-making-model
[Six Steps to Ethical Decision-making]
References
Barry, V. (1986), Moral Issues in Business, Wadsworth, Belmont, CA
Farrell, O.C and Ferrell, Linda (2001), “Role of Ethical Leadership in Organizational Performance”,
Journal of Management Systems, Vol.13
Gandhi, Mahatma (1947), “A Note from the facsimile of Mahatma, given the Collected Works of
Mahatma Gandhi”, Govt. of India, Publication Division, New Delhi, Vol. 8.
Gandhi, Mahatma (1930), “Duty of Disloyalty”, Young India, 27 March
Ghosh, B. N. (2010), Managerial Economics and Business Decisions, Ane Books, Delhi
Krolick, Stanley (1987), Ethical Decision-Making Styles: Survey and Interpretive Note, Addison-
Wesley, USA
Mcdevitt, R. and Van Hise, Joan (2002), “Influence of Ethical Dilemmas of Increasing Intensity”,
Journal of Business Ethics, Vol. 40
O’Fallon, Michael, J. and Butterfield, K.D. (2005), “A Review of the Empirical Decision-Making
Literature: 1996-2003”, Journal of Business Ethics, Vol. 59
Peterson, D. et al.(2001), “Ethical Beliefs of Business Professionals: A Study of Gender, Age and
External Factors”, Journal of Business Ethics, June
Petrick, J.A. and Quinn, J. F. (1997), Managerial Ethics: Integrity at Work, Sage Publications,
USA
Rawls, John(1971), A Theory of Justice, Cambridge, MA
Weber, James and S. Seger (2002), “Influence upon Organizational Ethical Subclimates: A Repli-
cation Study of a Single Firm at Two Points in Time”, Journal of Business Ethics, Vol. 41,
November
PART THREE
Corporate Governance:
Principles and Practices
CHAPTER 16
Corporate Governance:
Principles, Issues and Trend
LEARNING OBJECTIVES
This chapter will help the reader to understand
■ The meaning and distinction between corporate management and corporate governance
■ Historical background, nature, characteristics and purposes
■ Importance, theories, mechanism and principles
■ Codes of practices, structure, shareholders’ rights and protection
■ Issues, elements of bad corporate governance, principal-agent problem
■ Globalization and corporate governance, emerging trend and the OECD principles
INTRODUCTION
One of the most serious misconceptions of our times is the belief that all countries are equally
ethical or unethical. It is not really so. Conceivably, there are three types of countries:
● Pre-ethical countries
● Ethical countries
● Post-ethical countries
One should consider UK, USA and some other developed countries as pre-ethical in the sense
that they have never seriously embraced ethicality in business ever since the inception of corporate
capitalism, though they are now becoming more aware of it. Some writers (e.g., Bob Garratt, 2003)
324 Business Ethics and Corporate Governance
have mistakenly considered America in the post-ethical category. This is indeed misleading. These
developed countries are yet to seriously think about ethics in business and they did not have any
such tradition or historicity either in national life or in corporate life. Many of the Asian countries
like India, China and Japan can and should be included in the post-ethical category. They had in
the past a long-drawn tradition of ethics, religious ethos and morality in every walk of life but now
with the advent of the philosophy of neo-liberalisation, these countries are drifting away from the
tradition. It is indeed empirically difficult to designate a country as completely ethical in the true
sense of the term, though conceivably such a categorisation is possible, as conceptual noumenon
permits it. On the empirical plane, some of the Arabian countries and perhaps Malaysia are at
some ethical stage of development, although there are minor aberrations. But if one is interested in
locating a perfectly ethical country, perhaps one will be disillusioned, and it will be like chasing the
will-o-the-wisp. So let us resist the temptation.
The present chapter aims at analysing some important ethical issues in corporate governance
in general and seeks to elaborate on many other peripheral issues, problems, recent changes and
trends related to corporate governance.
At this stage, it is imperative to clearly understand the fundamental distinctions between corporate
governance and corporate management. Governance is a type of exoteric directions and control
over business based on the internal relationship among shareholders, board and the managerial staff.
These directions are given to control the trajectory of the company so that it can move in the desired
way as wanted by the owners and the shareholders. Corporate management has a limited periphery
and functional areas to concentrate on those activities as suggested by the board. But corporate
governance has had a broader vista and navigates around the globe. There are certain defined jobs
to be done by corporate managers but in the case of corporate governance, the responsibility is
multifarious. In a sense, corporate management is a static concept, but corporate governance is
essentially a dynamic concept. Corporate governance is concerned with an open-ended system, but
corporate management works within the periphery of a close-ended system where manipulation
of any type is not permitted. After all, corporate governance aims at doing the right things but
corporate management is concerned about doing the right things.
The basic distinctions between corporate management and corporate governance are shown
in the following figure. S.C. Das has elaborated on this topic (Das, 2008, p.42–3). However,
Table 16.1 presented here is a slightly modified version of Das’s schema.
and Asia. The enactment of Foreign and Corrupt Practices Act in 1977 in the United States was
perhaps the embryonic beginning of the concept of corporate governance. However, many failures
in the business world in the 1980s compelled the United States to be more serious in the matter of
corporate management. The Treadway Commission Report (1987) made many important recom-
mendations for the better internal management of business companies through proper auditing and
control. Subsequently, the Committee of Sponsoring Organization in its report in 1992 provided a
framework for the ideal functioning of corporations and their management. However, the corporate
sector experienced many scams and scandals in the beginning of the new millennium, and the result
was the historical enactment of Sarbanes—Oxley Act of 2002 that laid down some principles for
the strict compliance of the corporate sector in America.
On the other side of the world, Japan experienced many downturns and low returns in business.
The downturns were seen to be because of failures of the corporate sector. In the same way, the
United Kingdom experienced many frauds and scandals in the corporate sector since the intro-
duction of globalization in the 1980s. It was realised by corporate pundits that there was something
fundamentally wrong in the corporate sector. The Asian financial crisis of 1997 also put the blame
on the inefficient corporate governance in the East Asian economies. All these experiences put
together suggested that poor corporate governance was the real culprit; hence, there started an
organized movement in the business world to formulate certain principles and policies to put the
corporate world on sound footing. The Cadbury Committee in England provided some principles in
1992, the Organization for Economic Cooperation and Development (OECD) (1999) also formu-
lated certain ideal principles for the improvement of corporate governance. In India, the attempt to
introduce and improve the corporate governance went into several directions. In 1997, the Confed-
eration of Indian Industries (CII) prepared a code for corporate governance. Subsequently, the
Kumar Mangalam Birla Committee (1999) with the auspices of the Securities and Exchange Board
of India (SEBI) introduced standard listing agreement to be followed by all the listed companies
in India under Clause 49. Now all the listed companies in India have to follow the (SEBI) code. It
has been accepted in principles by all that corporate governance is crucial not only for the success
of international business but also for bringing about uniformity in the international standard and
corporate behaviour. The uniformity is the essence of a globalized system that offers a level playing
field for international business interactions.
personalities with many rights, power and authorities. They also influence law making that seem to
have far-reaching impact on the industrial development of a country.
In a corporation type of business, there is a separation between ownership and control. The
company is managed not by owners but by the Board of Directors. The Board directs the manager
as to how to run the company. The most unique feature of a corporation is the limited liability of
the owners.
There are several responsibilities and duties of a corporation. The following are the basic respon-
sibilities and duties of a corporation:
● Duties towards its own employees, suppliers, customers and shareholders. In all these cases,
corporations are morally bound to further the interests of these groups of people.
● Economic duties of corporations include the earning of profits for shareholders and adequate
returns on the investment made by investors. It is the duty of corporations to expand production
and supply of useful commodities for the satisfaction of consumers’ demand. These corpora-
tions also contribute to the general economic growth and development by creating a right kind
of investment, adequate job opportunities and the growth of trade and commerce through the
development of modern technology.
● Corporations have also some social duties to perform. They have to undertake and perform
Objectives of Corporations
There are many purposes of corporations. However, only the most crucial purposes are briefly
discussed as under:
● To produce goods in a way that reduces cost through advantages of internal and external
economies and also economies of scope so that it can enhance the market share and maximize
profits.
● To make the investment cost-effective and profitable. The basic purpose of corporate gover-
technology.
328 Business Ethics and Corporate Governance
Joseph Schumpeter has shown that innovation can be carried on in five different ways
(Ghosh, 2004, p. 88) the introduction of new goods, introduction of new methods or techniques of
production, opening of new markets, exploration of new sources of raw materials and the reorgani-
zation of industry. A corporation is always engaged in newer and newer type of innovation for its
survival and growth and indirectly helps the human society.
capital market development in LDCs (less developed countries). All these ensure investors’
confidence and can help overall investment climate in a country. In the Harrod-Domar type
model, economic growth is positively linked with investment. A developing country can gain
much in terms of quantitative growth through the development of a good system of corporate
governance.
● Enhanced corporate productivity and efficiency through good corporate governance
ensures economic growth with social justice and development. Thus, it not only improves
the economic conditions of people but also enhances social welfare.
● A disciplined and controlled corporate governance can considerably reduce financial
turmoil and can ensure financial stability, both of which are crucial for economic growth and
development. In the past, many corporations failed not because of their products and services
but because of their bad corporate governance.
● A good corporate governance can considerably reduce corporate fraud and corruptions.
In such cases, not only is public confidence raised but also the national prestige is enhanced.
● Competitive product and factor markets can be promoted and sustained by corporate gover-
nance (Meisel, 2004). This is beneficial not only for corporations but also for the society. This
can ensure allocative efficiency in the management of scarce resources.
● A good corporate governance is necessary for successful international business as it increases
social development, social welfare and public image and confidence. All these can help
the corporations to build social capital and trust.
● A good corporate governance ensures environmental protection and a sustainable devel-
opment. This not only reduces the public cost but can also ensure better human health.
● An ethically inspired CG ensures employees’ welfare and consumers’ welfare and is in
favour of the stakeholders’ interests. A good corporate governance does take into account
the welfare of all the stakeholders and thereby ensures justice and fairness to all concerned.
● A good corporate citizenship is a sort of national pride and asset. It is beneficial in many
ways to the society, employees, stakeholders and of course, the nation. There seems to be
Corporate Governance: Principles, Issues and Trend 329
a direct and positive nexus between the number of good corporate citizens and the socio-
economic development of a country.
Agency Theory
This is one of the most popular theories of corporate governance which is based on economic
concepts. While the shareholders are looked upon as the owners (principals), the managers and
board of directors are considered as the agents of the company. Thus, it is the bounden duty of
the agents to look after the interests of the owners and maximise profits on behalf of them. There
is, thus, a separation of ownership from the management. However, in such a case, there is the
problem of conflict of interests. The objectives of the owners are not the same as the objectives of
the manager. While the managers are interested in maximizing their utility functions that include
pay, power and perks, the owners are interested in getting a high return on their investment. Thus,
there is an obvious principal-agent, which is discussed in detail later in this chapter.
Stewardship Theory
The theory is based on the basic ideas of psychology and sociology. It posits that the duty of a
steward is to protect and maximise the stock of wealth of the shareholders, and by doing so they get
their own rewards, just in the case of parable of talents in the Bible. In fact the utility function of a
steward is maximised only through the maximisation of the shareholders’ interest. Thus, there is a
positive nexus between the interests of these types of people in the corporate governance system.
There is no contradiction or conflict; rather, the two utility functions have the same point of conver-
gence. In a corporate set-up, managers and executives are stewards. When the organization as a
whole is successful, all the participants are also satisfied. This is the basic essence of this theory.
As a matter of fact, when all parties works in unison, and the CEO is also the Chairman, the trans-
action cost is likely to go down. It looks forward to the Japanese model of corporate governance
where there is a cordial functional relation and the convergence of all the interests.
Stakeholders’ Theory
This theory is based on the perception that a corporation for its effective function has to forge a
number of relations with different classes of people including suppliers, consumers, employees,
government, and so on. All these different classes of people are the stakeholders of the organization.
330 Business Ethics and Corporate Governance
The basic purpose of any corporate organization is to create wealth not only for the owners but
also for the stakeholders. Donaldson and Preston (1995) strongly argue that, this theory focuses
on managerial decision-making for the benefit of all the parties concerned. The theory derives its
concept from organization theories and sociological human behaviour that seem to suggest that
mutual help and cooperation enriches the community and organization in many ways.
Dependency Theory
The dependency theory looks at the possibilities of development and growth of a company. In this
context, the role of board of directors can hardly be exaggerated. The directors always try to invent
innovative ways and means to access new resources and make the firm more and more self-sufficient
and competitive. In this context, the outside directors can impart valuable advices that may reduce
the transaction cost. The directors can be business specialists, experts, economists, politicians,
social workers, teachers, and so forth. The theory suggests that whatever be the nature of direc-
torship (insider or outsider), it is the duty of these directors to gather newer and newer resources for
the betterment of the company. The dependency is about the procurement of resources.
Political Theory
It explains the involvement of government in the governance of corporations. The purpose is to get
the voting support from shareholders. Having this objective in mind, the government in countries
and in many situations participates or directs corporate decision-making, and in such a situation,
the allocation of corporate power, profit and privileges are all determined by government rules,
regulations and favours. In many countries of our times, some governments exert strong pressure,
power and influence in corporate governance. Perhaps the best example is the corporate gover-
nance in China. An authoritarian government is more powerful than a democratic government in
the matter of corporate governance.
Corporate Governance: Principles, Issues and Trend 331
(may be Board of Directors) has to have access to all the necessary information stock.
● The monitoring by the Board of Directors can be made effective through regular meetings
of the Board of Directors to identify the areas of potential conflicts, mismanagement and
problems. Once the problems are identified, they can be solved by discussions and appropriate
actions.
● The control mechanism encompasses both internal and external controls. The internal
control mechanism works through the Board of Directors’, internal audit committee and
other personnel who can provide intelligence about the operational efficiency or otherwise
of the company, and the level of compliance with laws and regulations. Internal auditing is
an important controlling mechanism to look into the veracity of financial reporting and the
financial status of the firm.
● The provision of eternal and independent auditing is also an important mechanism to authen-
ticate the reports of internal auditing system. Sometimes, the internal auditing system may
be engaged in window dressing without caring for the actual status of the company. In such
a case, independent external auditing is very helpful. Statutory auditing is a good controlling
mechanism for checking the corporate financial mismanagement.
● Another mechanism of control over inefficiency is to introduce the system of efficiency-
based remuneration for executives and employees. It should combine a system of incentive
and punishment for the assigned work.
332 Business Ethics and Corporate Governance
● Overall, a system of checks and balances at all the levels of the company is what is urgently
needed for the success of a company. For this purpose, a committee may be constituted by
indicting some honest insiders and outsiders. The basic duty of such a committee will be to
observe study and report against certain abnormalities and irregularities.
● In any country, government regulations can be a good mechanism for controlling many
mechanism.
● A proper code of conduct for the managers and directors of a company can indeed go a long
should have ethical basis, and should address the issues relating to work ethics, performance,
duties and responsibilities.
● Corporate governance should remain, at all cost, free from political interference.
● Honesty and integrity on the part of all concerned should be the cornerstone of corporate
governance.
● Corporate governance should be based on all types of disclosures and transparency. There
corporate governance. Proper punishment must be there for every type of aberration.
● There should be proper recognition of the rights of every type of shareholders, both large
● The Board of Directors should be properly constituted keeping a balance between the
directors coming from both inside and outside. The directors should be properly qualified,
experienced, skilled and committed. They must know their roles, duties and responsibilities.
● The external auditors should be independent and must be selected on the basis of their
● It is considerate and ethical to its employees, stakeholders including customers and suppliers.
● It proves to be excellent in achieving all those objectives for which it is established. All its
● It works in the best interest of the shareholders who are its owners. It observes all relevant
● It is based on timely disclosures of all information and practices, accountability and trans-
parency.
It has been found from experience that a good corporate company follows all the common
principles which are prescribed by international organizations and committees like OECD and
Cadbury Committee, among others.
treated.
Practice: Although shareholders are given the right to vote, they are not always treated equally. In
many instances, minority shareholders are discriminated against.
● Financial reporting, disclosure of information should be at the optimum level.
Practice: It is not so and information asymmetry persists at all levels. The quality of information
is also not up to the standard.
● Accountability and transparency should be exemplary.
Practice: The internal audit system more often than not is engaged in window dressing. The
remuneration system is often not based on performance and productivity.
● Corporate governance should recognise the importance of an implicit social contract and must
Practice: In many companies, because of separation of ownership and management, the managers
do not always work in the best interest of the shareholders.
and it is appointed by the shareholders of the company. Since the role of the board is central, it is
necessary to give it a closer look.
● The board will consist of executive and non-executive directors. Executive directors will hold
management positions.
● Some directors are independent, some are outsiders and some are insiders.
management. But this is being replaced gradually by the majority executive board where
there is such a separation.
the company’s strategy and plans and ensures that management translates those plans into
action.
● It appoints independent directors.
● One of the important responsibilities of the board is to ensure that shareholders’ interest is
● Monitoring the overall activities of the company (and also that of the CEO) is an important
spection.
● It has been pointed out by many experts that the Chairman and the CEO should not be the
same person, as there may be a concentration of power, and it is argued that power corrupts
itself. However, there is no denying the fact that for the best functioning of the company their
roles should be complementary and not competitive.
● The board has to ensure that for the smooth functioning of the organization, the flow of infor-
mation is optimum and there is no asymmetry anywhere. There should be a maximum flow of
information for all concerned.
● The board draws critical action plans and programs and formulates policies for fulfilling
corporate social responsibilities which are now regarded as an essential corporate objective.
● The Board ensures the availability of financial resources.
Governance Committees
In standard corporate governance practices, there the following three Committees which are helpful
to carry out the functions of the Board of Directors:
Audit Committee
This is one of the most crucial committees of Board of Directors. It generally consists of three
independent and non-executive members. The committee meets regularly, not less than twice
a year. It is appointed by the board and is responsible to it. The audit committee has a number
of functions and recommendations to make, including the scope, the method and the procedure
of auditing, resolving conflicts in financial matters, audit fees and change or reappointment of
members, systemic review of the financial system, interim and final accounts, and so forth. It is an
independent committee and has considerable leverage in maintaining checks and balances. The
committee is supposed to settle disputes that arise between the team of external auditors and the
management. The committee takes a neutral stand. It is supposed make important financial disclo-
sures which are helpful for the company to understand its financial strength and for the investors
to know about the real worth of the company. In some cases, it is a practice to engage both internal
and external auditors to evaluate the financial position of a company.
Remuneration Committee
This committee has to frame policies regarding all classes of people working in the company. It
should be an independent committee that will assess the material contribution of people before fixing
up the remuneration. It is a very important committee that may bring loss or gain to the company.
Hence, it is of much interest to the shareholders. It is accepted on all hands that remuneration
should be based on performance or productivity. But since some types of corporate performances
are not amenable to accurate measurements, there may remain a gap. A system of incentive or
bonus may go a long way in the improvement of performance scale. It has been the tradition in
many companies that non-executive directors are paid a fixed amount every month. In most cases,
remuneration is based on the existing rule plus the change in the cost of living index. Apart from
this, it needs to be appreciated that there should be a clear-cut policy of reward and incentive to
attract best talents in the company. Gary Becker, Nobel laureate in Economics, has rightly pointed
out that people work because of incentives and if the incentive is not adequate, the work cannot be
satisfactory.
Corporate Governance: Principles, Issues and Trend 337
Nomination Committee
The committee selects non-executive directors. It works on an ad-hoc basis. The committee is
usually chaired by the CEO. The selection process is supposed to be based on merit through a
proper interview. Some independent search firms help to find out competent persons. Basically,
they are professional people and, if utilised properly, they can perform the value-added role. In
many cases, the shareholders take some interest in the selection of right persons. Many of the
independent members do not get sufficient opportunities to show their worth and expertise.
● Obtain timely information about important meetings. Right to information has been statu-
holders very late, they have the right to ask the company about its communication policy
● Voting in general meeting
● To be informed about the capital structure and other vital information so that their degrees of
● All shareholders have equal rights to be treated equally. They are not to be discriminated
against
● Remove directors
● Inspect annual reports, investment registers, books or records and many other critical
documents
● Preferential rights to purchase shares
● To get information about the remuneration of directors. In this context, it is the right of share-
The shareholders are the owners of the company and they have the legal property rights in all
cases. They have the statutory rights to know about the decisions on their assets and investment,
338 Business Ethics and Corporate Governance
the policy decisions in the matter of investment, problems encountered, if any, and the future
prospects.
Shareholders’ Protection
The interest of the shareholders can be protected in many ways. One of the most pragmatic ways
is to appoint the Board of Directors which is reasonable, controllable and follows corporate ethics.
The methods are generally suggested for the protection of shareholders.
● Institutional shareholders are usually more protected than the small or ordinary shareholders.
The problem for the small shareholders is information asymmetry. So, if the governance
system can ensure that information will be easily available for all types of shareholders, then
small shareholders can get a good degree of protection.
● The legal system can be of much help in ensuring shareholders’ protection. In many countries,
legal reforms have been undertaken for this purpose. The security laws may complement
corporate laws and laws of torts.
● Strict disclosers at all levels will enable the shareholders to know many things in advance and
at the corporate level. This may include the financial position of the company, its liability and
assets structure, outstanding debt, market goodwill, and so on. Certain crucial disclosures
may be made legally mandatory.
● Legal enactment may also reduce or completely eliminate the expropriation by insiders.
rector index to show the trajectory of company performance. This can be linked with the
removal action/clause of directors.
● It is necessary to have shareholders’ control on the trading of shares, its method and
impact. Some sort of hedging activities, if wisely done, can protect the financial interest of the
shareholders to some extent.
● The agency cost (discussed later in this chapter in detail) is a constant source of stress for the
shareholders. Their interest can be enhanced by controlling the agency cost. There are many
ways of controlling such a cost. First, to introduce more stringent legal rules. Second, the
Board of Directors can be entrusted with the duties of suggesting ways and means to control
such costs. Third, effective incentive system or compensatory rules may be framed with the
consent of shareholders.
● It is suggested by us that the shareholders should institute a cell, like the Company Intel-
ligence Bureau to collect and disseminate all information critical to the interest of share
holders and their protection.
In many countries, because of the separation of ownership and control in the corporate sector,
whatever is happening inside the company may not be known forthwith by the shareholders, and
Corporate Governance: Principles, Issues and Trend 339
therefore, they cannot get a clear picture of the company’s activities. On paper, the company may
look hunky dory, but in actual practice, it may be on the verge of collapse, as the cases of corporate
crisis in the United States reveal. Many such calamities may be averted through the company intel-
ligence bureau and the interests of the shareholders may be protected to a great extent at the same
time.
Structural Issues
● One such structural issue is the composition of Board of Directors. The proportion
of executive and non-executive directors has remained an important issue in corporate
governance.
● What should be the proportion of independent Directors in the Board? J.J. Irani Committee
thinks that one-third of the directors can be independent. But the SEBI recommends that
50 per cent of the directors should be independent. It is not really the quantity but the quality
of directors which matters most.
● Should there be a few big shareholders or a large number of small shareholders scattered
over the whole country? No concrete answer is yet available on this issue.
● Should there be more insider or outsider ownership? There is no consensus over this
issue.
● Should a corporation depend on more on small or on large creditors? No agreement is
arrived at on this issue.
● Who should be given more priority? Should there be a priority given to the interests of
shareholders (Anglo-American model)? A coordinated model gives more priority to workers,
managers, suppliers and customers (Continental Europe and Japanese model).
● Another interesting issue is the gender issue. Empirically, women Directors are found to
be less in number and it is tantamount to gender discrimination in corporate governance. The
issue has not been settled in a unique way to be acceptable to all the corporations.
● Remuneration of Directors is another debatable issue. Some will favour high remuner-
ation and some low. What is fair is a reasonable package of remuneration depending on the
qualifications, experience and value-added of the Director. All Directors should not be paid
an equal amount of remuneration.
● An issue concerning the role of the CEOs. In the face of corporate scandals and scams,
many people think that the days of celebrity CEOs are over. Some experts go as far as to
suggest that the post of CEOs should be abolished, and an experienced and qualified manager
can be an important alternative for better corporate governance.
● Another issue is the degree of government control that is desirable. Opinion differs on this
issue, and many are in favour of minimal control. It should be instructive to note that in the
340 Business Ethics and Corporate Governance
case of India, after the introduction of liberalization, the role of the government has become
minimal, although in some matters, legal tentacles are still strong.
The proper answer and settlement of all the above issues are difficult in actual practice.
Corporations are of different types and nature, and hence, they should not follow the same
structure or administrative model.
Ethical Issues
There are basically four ethical issues in corporations and depending on these issues, they can be
classified into the following types:
1. Overly Unethical Corporations
2. Half-heartedly Ethical Corporations
3. Ethically Indifferent Corporations
4. Ethically Constrained Corporations
● The first type of corporations does not bother about ethical core values and perhaps they
have none. Even if on papers they have some core values, they do not follow these values
and more often than not are engaged in unethical activities. The unethical corporate practices
are very well-known today and are connected with the failures of many corporate houses in
America. Some of these unethical practices can be briefly discussed as under:
■ Making fraudulent investment, falsification of accounts, insider trading, corruption and
bribery, showing inflated profits to attract investors, drying up the company by claiming
high salary, incidental expenses, entertainment and hotel bills, personal medical expenses,
false travel documents, breach of company’s trust, dishonesty of different types, fictitious
transactions, non-disclosures of many material facts and figures, manipulating facts and
figures, financial irregularities, embezzlement of company funds, breach of confidential
information, misappropriation and malpractices, grant of heavy compensation, and so
on. More often than not, such corporate houses do not practice the General Accepted
Accounting Principles (GAAP), although they are advised to do so.
■ The list above is a very conservative one and many more malpractices can be added to
this. The corporate world in the USA, UK, Japan, Korea and many other countries has
been experiencing serious scams and scandals since long. For instance, the non-disclosure
of vital financial information was instrumental in the case of Enron failure. Corporate
scandals were the basic reason for the failure of many corporate houses in recent years in
the United States. The US administration was ultimately forced to enact the Sarbanes-
Oxley Act (2002) to investigate into the problems of auditing in the country.
● India also does not lag behind in corporate scandals. A few examples will make the statement
clear. The Harshad Mehta scam and the case of ITC are well-known to every Indian. About 50
per cent of the listed companies in the Bombay Stock Exchange have recently been suspended
for trading due to non-compliance of the requirements for legal listing. There are other well-
known scams like land scams, sand scam, cooperative bank scams, cooperative sugar factory
scams, capital market scam and the like. The insider trading scam is a very old story in India
that dates back to 1950s. These scams are perpetrated with the connivance of insiders and
Corporate Governance: Principles, Issues and Trend 341
outsiders who are professional con men. However, the travesty is that Indian financial institu-
tions, unlike their foreign counterparts, are not interested in protecting the rights of investors
in the face of scams and scandals. They remain monastically aloof. Bob Garratt believes that
the 1980s and 1990s witnessed a continuous decline in the corporate value system in India
too (2003). Indian business values are being influenced by the American corporate values
and there is a strong demonstration effect. What is true is that it is very easy and tempting
to imitate the bad values and the internalisation of good ethics always takes a much longer
time. But once a particular ethical choice is made by a person of authority its effect spreads
a long distance. Thus, we can have a positive ethical multiplier effect or a negative ethical
multiplier effect. A corporation is ethically bad from head to foot when its manager or CEO
is unethical. Both these effects percolate or trickle down the whole organization. Neoliberal
globalization that encourages corporate capitalism does not seem to be sustainable any
more in the long run; it has become unstable, unethical and unpopular. It spreads the market
philosophy of valuation that justifies anything in the name of ethical relativity. Many of the
developing countries including India which are in the process of capitalism integrated in the
era of globalization are likely to experience more of these unethical corporate dynamics in the
near future, unless such trends are kept under control through good corporate governance.
● The ethical corporations combine both the worlds of good and bad ethics half-heartedly.
Most of the corporations in our times are of this type. Thus, we find many good works of Coca
Cola, Hindustan Unilever Pvt. Ltd., Reliance Industries, Polaroid, Dr. Reddy’s Laboratories
Ltd., Wockhardt Ltd., Ranbaxy Ltd., Honda Motorcycles and Scooters India Ltd., and so on.
But at the same time, they are not free from some criticism either for not doing adequate or for
doing something which may not be beneficial for the society or the customers. Their approach
is not ethical commitment or regularity in behaviour. Sporadically, they do some good work
and also some questionable works too. However, the motivation remains important, and as per
the utilitarian principle, if they have done greater benefits to a larger number of people than
they have harmed, their works will still be considered as ethical by many experts.
● Ethically indifferent corporations do not have any compelling ethical value premise.
Even if they have some ethical codes or values accepted officially, they do not follow such
codes of ethical behaviour. They remain indifferent. Perhaps they do not have enough ethical
motivation or culture in the organization.
● Ethically constrained or challenged corporate bodies are many in number in devel-
oping companies. They have the mind to do something good for the society and the country.
However, they have many practical constraints and limitations. These limitations arise out
of financial constraints, lack of proper ethical guidance and lack of experience, unresolved
ethical dilemmas, organizational conflicts and family feuds. The family feud in the Reliance
Group of Industries in India was instrumental in their stock value crash in 2005.
supposed to be experts in their fields. They manage financial assets on behalf of investors and
manage companies on behalf of shareholders.
● This may lead to cost reduction and more profits.
However, the PAP system is not free from demerits. The following are the major problems of
the PAP (Ghosh, 2001, 271):
● The agents are posted with more updated information, which, depending on the motive of the
agent, may or may not be shared with the owners (principals). So the information asymmetry
always persists.
● The objectives of the principal may be different from that of the agent. The agent may like
to maximize his own pay and perk and may want to encourage nepotism and favouritism. He
may like to maximise his own utility functions at the cost of the company and the society. This
Corporate Governance: Principles, Issues and Trend 343
may increase cost. This is sometimes known as the Agency Cost. The agent may not bother
much about the true interest of the owner.
● Given the fixed pay, the agent may practice rent-seeking (to earn some extra bucks by
case, because of information asymmetry, the principal has to depend too much on the agent
and may lose all controls over the company and its strategic matters. He becomes a dependent
personality.
PAP problem persists because it is difficult to know whether or not the hired agent is doing the
work in the best interest of the principal. Monitoring may be expensive, and the cost may be more
than the benefits.
result obtained.
● Extra pay may be granted for extra performance. It is necessary to have an incentive
system.
● A scheme of profit-sharing may be introduced.
● The manager may not be given extra cash but some shares of the company so that he feels
governmental matters were as critical as they are now during the period of globalization.
Many recent surveys at the international level come out with the observation that these factors
are critical to investment performance across the world. In particular, environment policy is
exerting a considerable influence on the government policy and corporate strategy. In inter-
national business, many host countries do not allow those MNCs which are polluting the
atmosphere and making the development unsustainable in character.
344 Business Ethics and Corporate Governance
● People are becoming more conscious about corporate liabilities and undesirable conduct
by MNCs and other business houses in the host country as well. There are many examples
of corporate liabilities including the violation of environmental laws and human rights. All
these send the signals to foreign business corporations to improve the image and behave
properly through suitable changes in corporate governance strategy and behaviour.
● Globalization affects both insiders and outsiders, and outsiders are more significant as
a new capitalist class in the development of poor LDCs. This class benefits more from the
removal of cross-border restrictions on the movement of capital. However, the full dose of
benefits can be realised only by those companies which have efficient corporate governance.
● The Global Sullivan Principles (1999) advised eight crucial changes in the behaviour
of the international companies to accept the social responsibilities and all these have been
incorporated in the corporate governance strategies of those companies which have subscribed
to the Sullivan Principles (see Chapter Twenty for the Sullivan Principles). These principles
have given stress on human rights, social justice, environmental protection, and economic
opportunities for all the workers. In the age of globalization, these are becoming increasingly
critical for corporate governance in all countries.
● The Tripartite Declaration by the International Labour Organization (ILO) has given
a clear picture of international laws, employment practices, the impact of MNCs on
the domestic governance and also various effects produced by MNCs on the wages,
working conditions, safety and health status of workers in developing countries. It has
also suggested various ways to improve the labour market practices during the period of
globalization. All these suggestions are necessary to be incorporated in corporate governance
in our times to improve the image of corporate governance.
● Less developed countries are deprived of full flow of capital abroad. Capital is flowing more
from the less developed countries to developed countries than the other way round (Lucas,
1990). This is a paradox but true. One of the reasons why LDCs cannot get the full flow
of financial resources is because of poor corporate governance in such countries. In fact,
bad investment also leads to poor returns. Thus, globalization compels these countries to
have better corporate governance.
● Corporate governance during globalization is being influenced by both external and internal
investment dynamics, but external factors, depending upon the degree of globalization of the
country, seem to play a more important role. There is a positive correlation between the
degree of globalization and the importance of the external factors and, to some extent,
changes in corporate governance is imperative.
● Financial integration brought about by globalization will yield higher output in the
LDCs. But the full capitalist market integration will be reaped only when the corporate
governance is efficiently implemented. The salutary effect of globalization will not be
realised by badly managed international corporations that have no good governance.
● There are definite corporate liabilities with regard to inappropriate conduct by corpora-
tions working abroad. For instance, many local governments have enacted laws for dealing
with and punishing those foreign companies which violate human rights and environmental
laws. These laws have become more stringent in the late stage of globalization.
● Corporate governance in the wake of globalization has necessitated and put more
emphasis on different types of corporate disclosures. There is no doubt that disclosure has
Corporate Governance: Principles, Issues and Trend 345
reduced investment risks and increased returns. But financial disclosures have also increased
the cost on insiders in the form of liability for improper or misleading disclosures. Therefore,
obviously, insiders oppose any law that encourages disclosures but outsiders fully support
such laws. Thus, globalization, which accompanies capital mobility, is seen to have upset the
relative balance of power relations between the insiders and the outsiders within the domestic
political economy of corporate governance.
● All countries, especially India, are engaged in reforming company laws and tax laws
in accordance with the requirements of industrial growth and new responsibilities towards
corporate governance.
● Corporate social responsibility (CSR) has now been accepted as one of the most important
activities of all types of corporations and is one of the agreed tasks of corporate governance
all over the world.
● The growth of socially responsible investment is a new trend in corporate governance. This
leads to a more organized control and desirable investment opportunities.
● One of the most important emerging trends in the corporate governance now is the acceptance
of a globalized standard of corporate governance. These standards as norms are already set
by the OECD. Many of the world countries have opted for this standard in recent years.
Summary
Corporate governance is the coordination and maintenance of a set of relations that promote
interests of the shareholders and stakeholders of a business corporation. Corporate governance is
an open-ended system of governance where there is a separation between ownership and control.
Corporate Governance: Principles, Issues and Trend 347
Perhaps the enactment of the Foreign and Corrupt Practices Act in 1977 in the United States is
the beginning of corporate governance. Under corporate governance, a company is managed by
the Board of Directors. The most unique feature of a corporation is the limited liability of owners.
The purpose of corporate governance is to enhance the productivity of the company, create more
employment opportunities and increase the returns on shareholders’ investment. Accountability and
transparency encouraged by corporate governance are essential for the capital market development.
Good corporate governance tries to keep a balance between economic efficiency and social respon-
sibility, and it works in the best interest of the shareholders who are its owners.
Corporate governance is based on a number of theories like agency theory, stewardship theory,
political theory, transaction theory, stakeholders’ theory, dependency theory and ethical theory.
Each of these theories gives attention to a particular dimension of corporate governance. The
mechanism of corporate governance works in two ways: control and promotion. The mechanism,
therefore, can be called the mechanism of controlled expansion. The mechanism of control aims at
reducing various types of inefficiencies and irregularities. Many international committees in their
guidelines and recommendations have emphasised the importance of shareholders’ rights and also
of their protection. The interest of the shareholders can be protected in many ways. One of the most
pragmatic ways is to appoint the Board of Directors which is reasonable, controllable and follows
corporate ethics.
Principles of corporate governance consist of those guidelines which are formulated to make the
governance more efficient, competitive and socially acceptable. Corporate governance codes and
principles are used synonymously.
Corporate governance may have different structures and processes depending on the political,
economic, social, institutional and the stage of development of a country. Corporate gover-
nance needs many participants including the shareholders, investors, suppliers, banks, and many
committees to function. But the role of the Board of Directors is pivotal. It manages the whole show
and it is appointed by the shareholders of the company. It works as a friend, philosopher and guide
for the whole company. It gives direction, defines the company’s strategy and plans and ensures that
the management translates those plans into action.
There are many issues in corporate governance. These are basically structural and ethical issues.
The structural issues are concerned with the Board of Directors, its composition, proportion of
independent members, functions, and so on. Ethical issues are related to different types of ethically
stationed companies. Some are overtly unethical corporations, some are half-heartedly ethical and
some are ethically indifferent corporations whereas some are ethically constrained. Some corpora-
tions are ethically conscious but cannot perform ethical acts because of many constraints like lack
of ethical orientation, lack of funds, lack of commitments on the part of employees or manager,
and so forth. Principal-agent problem is one of the serious problems in corporate governance. The
manager, who is an agent, has his own utility functions which may be against those of the owners
of the company.
Globalization has, in many ways, affected the nature of corporate governance in all types of
economies, both developed and developing. Never before in the history of corporate governance,
factors like environment, social and governmental matters were as critical as they are now during
the period of globalization. Corporate governance in the wake of globalization has necessitated and
348 Business Ethics and Corporate Governance
put more emphasis on different types of corporate disclosures. Globalization, which accompanies
capital mobility, is known to upset the relative balance of power relations between the insiders and
the outsiders within the domestic political economy of corporate governance.
Globalization has increased both the opportunities and also the risks of international business.
They are now more vulnerable to external pressure and circumstances. Recurrent international
financial crises, recession and scams have made the corporate sector more cautious and careful. It
is now the time to concentrate on two types of corporate governance strategies, namely, to keep an
eye on the coffer of the company and also to be very cautious in the matter of management of the
company.
Key Terms
Pre- and Post-Ethical Export Surplus Moral Hazard Problem
Societies Allocative Efficiency Agency Cost
Social Capital OECD Principles of Rent-seeking
Export Surplus Corporate Governance Transaction Cost
Corporate Capitalism Negative Externality Checks and Balances
External and Internal Sarbanes-Oxley Act of 2002 Moral Hazards
Economies Demonstration Effect
Economies of Scope Caveat Emptor
(viii) Who has shown that innovation can be carried on in five different ways?
(a) Karl Marx (b) Joseph Schumpeter
(c) Adam Smith (d) Max Weber
(ix) As per SEBI, which clause introduced standard listing agreement to be followed by all the
listed companies in India?
(a) Clause 28 (b) Clause 40
(c) Clause 49 (d) Clause 48
(x) The enactment of which Act in the US was perhaps the embryonic beginning of the
concept of corporate governance (CG)?
(a) The Oxley Act (b) Foreign and Corrupt Practices Act
(c) Both (a) and (b) (d) None of these
Review Questions
1. Elaborate on the major OECD principles for corporate governance.
2. Discuss the emerging trend in the corporate government.
3. What do you think is the impact of globalization on corporate governance?
4. Distinguish between corporate management and corporate governance.
5. What are the major issues in corporate government in the world today?
6. Why is corporate government important in a country?
7. What are the essential features of a good corporate government? Elaborate your answer.
8. In corporate governance, there is always a gap between the precept and the practice. Explain
your point of view.
9. Explain the basic theories of corporate governance. Which one is the best theory, according to
you, and why?
10. Explain the basic mechanism of corporate governance.
Web Links
1. http://en.wikipedia.org/wiki/Corporate_governance [Corporate Governance]
2. http://www.eurojournals.com/mefe_4_07.pdf
[Fundamental and Ethics Theories of Corporate Governance]
3. http://www.weil.com/wgm/cwgmhomep.nsf/Files/Gregory-Aug01DM/$file/Gregory-
Aug01DM.pdf [The Globalization of Corporate Governance]
4. http://www.oecd.org/dataoecd/32/18/31557724.pdf
[OECD Principle of Corporate Governance]
5. http://www.scu.edu/ethics/publications/submitted/hurst/comparitive_study.pdf
[Corporate Ethics, Governance and Social Responsibility: Comparing European
Business Practices to those in the United States]
6. http://www.virtusinterpress.org/additional_files/book_corp_govern/contributors.pdf
[Corporate Governance]
Corporate Governance: Principles, Issues and Trend 351
References
Abdullah, H. and Valentine, B. (2009), “Fundamental and Ethics Theories of Corporate Gover-
nance”, Eastern Finance and Economics
Choudhury, Adrian (1992), Report of the Committee on the Financial Aspects of the Corporate
Governance, Gee and Co., London
Das, S.C. (2008), Corporate Governance in India: An Evaluation, Prentice Hall, New Delhi
Donaldson, T. and Preston, L.E. (1995), “The Stakeholder Theory of the Corporation”, Academy of
Management Review, Vol. 20, #1
Garratt, Bob (2003), Thin on Top: Why Corporate Governance Matters and How to Measure and
Improve Board Performance, Nicholas Brealey, London
Ghosh, B.N. (2001), From Market Mailure to Government Failure, Wisdom House, UK
Ghosh, B.N. (2004), Development Economics: Principles, Practice and Policy, Wisdom House,
Leeds (UK)
Lucas, Robert (1990), “Why Doesn’t Capital Flow from Rich to Poor Countries?”, American
Economic Review, Vol. 80, #2, pp. 92-96
Meisel, Nicolas (2004), Governance Culture and Development, OECD Publications, Paris
Sen, Dilip Kumar (2005), “A Report Card that Does not Impress”, Business Line, 27 January
Special Correspondent (2003), “Foundation for Corporate Government”, The Hindu, 3 September.
Williamson, O. (1996), The Mechanism of Governance, Oxford University Press, Oxford
World Bank (1999), “Corporate Governance: Framework for Implementation” available at the WB
website
CHAPTER 17
Corporate Social
Responsibility
LEARNING OBJECTIVES
This chapter will help the reader to understand
■ Corporate social reporting
■ Meaning, types of corporate social responsibility (CSR) and the role of CSR towards society,
employees, government
■ Stakeholders and consumers
■ Nature of CSR, CSR principles and strategies, and models of CSR
■ Best practices of CSR
■ Need for CSR and the debate
■ CSR: the Indian perspective
■ Sachar Committee report
■ CSR programmes of some Indian companies
INTRODUCTION
We start off the discussion of this crucial chapter on business ethics with the following two observa-
tions of Adam Smith’s magnum opus, the Wealth of Nations:
“It is not from the benevolence of the butcher and brewer that we get our food and
drink, but because of their selfishness.” and “When the people of the same trade meet,
the conversation ends in conspiracy against the public, or in some contrivance to raise
prices.”
Corporate Social Responsibility 353
It is interesting to note that Adam Smith, who was a strong supporter of free market mechanism
for the growth of capitalism, himself accepted the fact that business people are selfish in nature and
they hatch conspiracy against the public to maximize profits by raising prices. These two facts put
together, generate the need for some social responsibilities of business. The amassing of wealth
through sheer greed by exploiting the public makes a strong case for corporate social responsi-
bility (CSR). The idea of CSR is not very old. It started as an organized movement and a code of
business conduct in the 1960s in the United States. In the 1970s, the code was formally approved
and accepted. It was an overall reaction against corporate dishonesty and scandals in many countries
including both developing and the developed ones. The present chapter will discuss various issues
connected with CSR and will make an attempt to illustrate the Indian scenario with reference to the
Sachar Committee Report.
Corporate social responsibility is a gesture of showing the company’s concern and commitment
towards society’s sustainability and development. Corporate social reporting is a method of commu-
nication to the society about the company’s desired action or the action actually performed by it.
The reporting can be done in many ways, through public media, website and television network.
The reporting is done for the purpose of public awareness and also for getting the feedback. On the
basis of such feedbacks, the company can mould, change or partially or wholly modify its contem-
plated CSR plan. The reporting has triple bottom lines that can be expressed by the three Ps
(profit, people and planet). Firstly, the reporting may be about profit and its share in the social work.
Secondly, the reporting may be about the people being helped or the workforce being engaged in
the social work, and thirdly, the reporting may be about the planet or environment, its protection
and sustainable development that can be facilitated by the contemplated social work or the work
that has actually been undertaken. Social reporting can go hand in hand with CSR or can be done
just before the contemplated social work.
CSR “is understood as the obligation of decision-makers to take actions which protect
and improve the welfare of society as a whole along with their own interests”.
The Research and Policy Committee of the United States defined CSR in the following way:
“Private business functions by public consent, and its basic purpose is to serve
constructively the needs of society to the satisfaction of the society” (Webb, Ch. 28).
All firms do not follow the same pattern of CSR. Much will depend on the circumstantial matrix
of the firm. There are basically four types of situational positions of CSR, and depending on the
internal and external pressure points, a firm may select one of the following options relating to
CSR:
1. Legal and socially responsible
356 Business Ethics and Corporate Governance
and so on. The final decision is to be based on merit of the case and the temper of the time.
● Diversity and non-discrimination should be the guiding principle. Discrimination based
on caste, class, colour, creed and gender in the CSR has to be avoided at all cost.
● The CSR activities should make some social contribution and create some social utilities
which are liked by the local people and which will be useful for them.
● It is always better to enter into a dialogue with the society/community before undertaking
any CSR activity. This can give some important insights regarding the contemplated project,
its use and implementation.
● The CSR project should be based on creativity and self-realisation both for the corporate
sector and the local community. The involvement of the community must be ensured.
Corporate Social Responsibility 357
● Fair dealings and collaboration with the participants in the CSR project should be an
important principle at all times.
● The initial impact of the project needs to be evaluated on the basis of feedback from the
community. This will help the feed-forward process while continuing the project.
● The CSR strategy should be proactive and it should try to replace the bad environment by a
better alternative. The project must make some positive value-added.
● The basic strategy of any successful SCR project will be the long-run economic and social
development of the community where the project is to be located.
Friedman Model
Milton Friedman, a renowned economist, is of the view that to ask a businessman to contribute
towards social development is to ask him to steal from the shareholder’s money to perform social
responsibility. According to Friedman, a businessman has no duty other than developing his business.
If he looks after his business well, he is performing a social as well as a moral duty. Friedman,
perhaps, develops the idea of Kantian deontic philosophy by saying that one should perform his
duty well as is required by his profession. So, a businessman has no other social responsibility to
perform except to serve his shareholders and stockholders. This view has been made clear by him
at many places (1962 & 1973).
Ackerman Model
Robert Ackerman and Robert Bauer developed a model in 1976. The model has emphasised on the
internal policy goals and their relation to the CSR. This model depicts four critical stages to arrive
at the evaluation of the social performance audit stage. The four stages involved in CSR are briefly
explained below:
The first stage is marked by the identification of the project that will be chosen for social
delivery. It also formulates strategies for the project. The top managers of the company get to know
the most common social problem and then express a willingness to take a particular project which
will solve some social problems.
358 Business Ethics and Corporate Governance
The second stage is devoted to the intensive study of the problem by hiring experts and getting
their suggestions to make it operational. Till this stage, the company does not declare the adoption
of the project. It is not made public. The intention to take up the project remains only internal to
the firm.
The third Stage is very critical for the project as it is not only made public but is also imple-
mented. However, at the initial stage, the work for the social project goes on very slowly until the
company gets advised by the public body (government). Ackerman advises the managers to take up
the project actively and work hard at the early stage so that managerial discretion can play its proper
role over the entire period of the social project.
The fourth Stage is the stage of evaluation. In this stage the needs of the society are considered
vey minutely and problems and issues are addressed.
In the Ackerman model, there is an explicit recognition of various types of learning strat-
egies for the fulfillment of the project. There are specialized learning, administrative learning,
organizational commitment and institutionalisation of the project philosophy, and also a systematic
evaluation of the firm’s performance of the social responsibility.
There are basically six strategies in the adoption of CSR:
First, the firm shows reluctance to adopt any social work or project (rejection strategy).
Second, the firm vehemently opposes any CSR based project unless and until the pressure comes
from external sources. This strategy is called adversary strategy.
Third, in the case of resistance strategy, the firm works slowly and tries to show that it cannot
carry on corporate social responsibility due to a lack of certain factors. However, if the firm is
pressurized by the government, then it yields and accepts the project.
Fourth, once the CSR is accepted the firm follows the compliance strategy and tries to finish
the project.
Fifth is the accommodation strategy. This strategy helps the firm to accommodate the requests
of the shareholders or Government agencies to work in certain ways for the fulfillment of CSR.
Sixth, is the proactive strategy to go ahead with the project and complete it according to the
priority pattern of the firm.
Carroll Model
It is one of the most popular models developed by A.B. Carroll in 1991. The mode is based on the
idea that there are four levels of social responsibility. These are:
● Philanthropic
● Economic
● Legal
● Ethical
The philanthropic requirement necessitates good works including donation, gifts, helping the
poor and so on, so that the goodwill of the company is spread out in the community. These activities
are not required by the business but it promotes social welfare and goodwill. Ethical responsibility
requires that the firm is following certain moral standards and ethical values to deal with its stake-
holders including the employees, customers, suppliers and the like. At the very basic level, each
firm has an economic responsibility to maximise net profits so that it can pay reasonably well to
provide returns on the investment, to pay the shareholders and other investors. This is an essential
Corporate Social Responsibility 359
social responsibility. Another social responsibility is to remain legal by abiding the laws of the
land. Every firm needs to obey the government rules and regulations relating to their business
activities.
Stockholder Stakeholder
Model Model
1 2
MOTIVES
Self- interest
Productivism Progressivism
3 4
Moral Duty
Philanthropy Ethical Idealism
Figure 17.1
360 Business Ethics and Corporate Governance
that underlie these two orientations. These motives are: self-interest and moral duty. Productivism
and philanthropy are the two orientations of the stockholders. Progressivism and ethical idealism
are the orientations of stakeholders. Productivists believe that the only mission of a corporation is
to maximise the self-interest (profit). They are motivated by the idea of free market ethics and it
is argued that free market generates many important social advantages, as was the view of Adam
Smith.
Philanthropists who entertain stockholders’ views propose that helping the poor and the needy
can be justified in terms of morality. However, their motive towards CSR is dominated by moral
obligations and not self-interest. But, they believe that the primary social duty of a corporation is
to obtain profits.
In the stakeholder’s model the dominant ideas are progressivism and ethical idealism. To ethical
idealists, the line of demarcation between business and society is rather thin, and they believe in
the sharing of corporate profits for humanitarian activities. According to ethical idealists, CSR
is justified when business corporations support stakeholders’ interests. Progressivists are of the
opinion that although corporate behaviour is basically motivated by self-interest, yet there should
some scope for a social change that can transform the society towards becoming more humanistic.
Progressivists are in favour of enlightened self-interest where, in spite of self-interest, socially
good works can be undertaken. It is interesting to note that each of the four modes of the model (see
Fig. 19.1) explain social responsibilities in terms of different systems of beliefs.
● decisions.
In order to decide whether or not a CSR will be undertaken, the interaction between two factors
will be decisive: the ethical rooting and the financial capability of the company. If the ethical
rooting and financial capabilities are strong, most probably, the corporation will undertake CSR.
One must assume in this case the absence any negative externality influencing the decision about
the project. If one arranges the information in a matrix form (shown in Fig.17.2), one can get the
following four situations:
1. CASE I: Ethical Rooting Strong + Financial Capability Strong: CSR Undertaken (+)
Corporate Social Responsibility 361
ETHICAL ROOTING
Strong Poor
Figure 17.2
2. CASE II: Ethical Rooting Strong but Financial Capability Poor: CSR Not Undertaken (−)
3. CASE III: Ethical Rooting Poor but Financial Capability Strong: CSR Not Undertaken (−)
4. CASE IV: Rooting Poor + Financial Capability Poor: CSR Not Undertaken (−)
ation, partnership and understanding. Cooperation with NGOs can also be very helpful in this
direction.
● That CSR practice is the ideal which retains the community core values and yet makes
opinion survey. It is better to undertake a life cycle assessment of the product that is created.
● Reporting the impact through the media and publicity is essential for a good CSR project.
The report can be pasted on the website and feedback can be requested.
● The project should create community awareness and the community itself should be motivated
in various ways to undertake similar future projects. In many instances, the corporate sector
can share with the community, the technology needed in such cases.
362 Business Ethics and Corporate Governance
● It is one of the best practices to engage the shareholders in the project. They must be taken
into confidence and their suggestions and advices should be followed.
● The best practice is to have a project which is sustainable. In this context, one can study
the sustainability management system by making a framework to ensure that all the social,
political and economic issues are simultaneously addressed. There can be the use of sustain-
ability issues mapping system whereby it is possible to know which factors go together and
which do not. This knowledge can go a long way in the successful implementation of the
project.
in the generation of some savings. CSR is helpful for building up a trouble-free business
which will not harm the interest of the social classes. Socially responsible companies are
favoured by customers, investors and government.
● Socially responsible corporate sector can enhance the performance of employees and can
create innovative people by treating them well and by introducing many schemes of proper
incentives for the employees who are efficient and more productive.
● Social responsibility is a type of investment that will yield fruits in the long run. It should
peaceful negotiation of industrial disputes. In this way, it can save a lot of trouble, resources
and energy in the area of industrial management. CSR can also enhance the productivity of
the employees by different schemes of rewards and incentives. The economy of high wages
is now accepted as one of the methods of increasing corporate productivity.
● The most important argument in favour of CSR is that it improves the public image of
the company, which is the social goal of the corporate sector. In the corporate world, image
is everything and that image can be made brighter and brighter by carefully chosen CSR
programmes.
● There is some moral justification for the adoption of CSR by the corporate sector. Such
responsibilities create a better world which is indirectly helpful for the growth of the corporate
sector. The corporate sector works in social environment, so it is the moral duty of the sector
to perform some social responsibilities.
● It has been empirically found to be true that the companies performing social responsibilities
and maintaining ethical behaviour in business can generate more profit than those who are
unethical and anti-social. Profiteering and black-marketing do not pay in the long run for
creating goodwill and sustainability of the company.
Corporate Social Responsibility 363
● The adoption of CSR satisfies the stakeholders, employees, stockholders, suppliers and
consumers.
● By taking up CSR projects, a company can avoid government regulations and control
and legal complications. Every year many unethical companies have to pay a large amount
of money as fines for adopting certain unethical practices. A company which is ethically
motivated can avoid monetary loss.
● CSR programmes can reduce pollution, enhance health status of the people by producing
and selling quality products which are made by techniques that are not harmful to people
and environment. In this way, the social welfare of the people can be maximised by the CSR
programmes. Many companies nowadays have the practice of internalising the (negative)
externalities.
company must behave and function as a responsible member of society… The company must accept
its obligation to be socially responsible and to work for the large benefit of the community”.
The Committee exemplified many instances of responsible and irresponsible corporate social
behaviour. In this context, the committee suggested that it is not only the profit which should give
a good social image of a company but it will have to pass many tests for proving that it is a socially
responsible company. In order to be a socially responsible company, the Committee suggested
openness in corporate affairs and behaviour. This means that each company must show account-
ability and adequate disclosure of vital information to the stakeholders of the company including
the workers, shareholders, consumers and creditors.
As for the ethical responsibility of Indian companies, the Committee observed that the situation
is complex and no clear-cut conclusion can be drawn because the scenario presents many types of
company activities and attitudes. For instance, the attitude of some big companies is different from
that of small and medium companies. The attitude of big companies seems to be better. Many big
companies have been spending regularly towards the social welfare activities and secondly, the
private profit is partly spent out for the welfare of the workers of those corporate houses. These
companies are aware of CSR projects and do regularly carry on some projects. Thus, many business
houses in India have established social institutions like schools, colleges, charitable hospitals,
research and technology institutes, and infrastructure and institutes of higher learning. However, in
the context of a vast country like India, whatever has been done appears to be inadequate.
In India, there are many social areas in which the corporate sector has not made significant
contributions. These areas are environmental pollution, water pollution and safety of the working
class inside the factory. In this connection, one should not forget about the Bhopal Gas tragedy
which cost thousands of innocent human lives not only inside the factory but also polluted the
social environment outside in a severe manner. Many more social problems can be cited to prove
the socially irresponsible behaviour of many business houses. These include rampant exploitation
of labour, racial and gender discrimination at the working place, unsafe working conditions and
inhuman working atmosphere including long hours of work without any fans or air-conditioner,
without proper sanitation, and so on.
Another tendency in the corporate world is the use of money power to buy favours from bureau-
crats and politicians. Corruption and bribery are the natural channels for getting things done for
the sake of the business. India is the third most corrupt nation in the world. However, it should
be noted that the business houses are not alone responsible for the escalating corruption index in
India.
While some of the large corporations are involved in immoral and unethical practices to promote
their businesses, the medium and small-scale industries are engaged in adulteration, fraud like
weighing scale cheating, imitating the brand names and mixing uneatable things with the products
they sell. Thus, water, milk, and many types of spices and some medicines are all contaminated.
Many people occasionally die by taking illicit liquor and many children become sick by drinking
adulterated milk or taking contaminated or expired medicines. This is a very common scenario in
India. Since people are very poor, the victims cannot take legal actions against the businesspeople
who are involved in this type of heinous crime. In the name of business, in many cases, people earn
money through social crimes. However, there are still some business houses which are ethically
motivated in India.
366 Business Ethics and Corporate Governance
Many suggestions have been offered by the Sachar Committee for making the business houses
more socially responsible. Some of these suggestions are discussed below:
● It is necessary to introduce social accountability of the business houses towards the public.
● The social responsibility can also be judged by the employment policy of the company
towards the physically challenged and the weaker sections of the population.
● It is necessary for companies to submit regularly social reports regarding the social respon-
sibilities that they have performed during a particular period of time. The social report should
be made mandatory.
● The social responsibility of a company is also to be judged by the interest it takes for the social
welfare of its employees, social welfare of the people involved in the area where the company
is located and many other welfare enhancing programmes like adult literacy programme, road
building programmes, public works programmes, and so on.
The Committee is of the opinion that the Company Act should be amended in a suitable manner
so that every company will be compelled to send a social report along with the director’s report to
indicate all the CSR activities carried out by it every year.
It is gratifying to note that in the 1980s, a significant trend was noticeable in the area of CSR in
India. Among others, the TISCO invited many experts to prepare a social audit for the company
and the findings were made public. In recent years, it is observed that many established Indian
companies are motivated by philanthropic considerations and regularly spend a significant amount
of their earnings on CSR. A brief discussion on CSR activities of some well-established companies
in India will be given in the following section.
HUL is also involved in the development of many village areas in U.P., Gujarat and Tamil Nadu.
It has many community development projects at various places in India. Also, the rural education
programme is one of the important CSR programmes of HUL. It has also taken up projects on
energy conservation, water management and afforestation. It was awarded the good corporate
citizenship award in the year 2000–01 by the Bombay Chamber of Commerce and Industry. The
award was for the holistic approach to CSR activities taken up HUL.
In the same way, many other companies in India like Asian Paints, Colgate Palmolive, the Gas
Authority of India, ICICI Bank, Gujarat Ambuja Cement, Orchid Chemicals and Pharmaceuticals,
ASAIL company, Raymonds, TVS Groups, Wipro, Satyam Computers, NTPC Ltd., Infosys, BHEL,
Dr.Reddy’s Laboratories, TITAN Industries, MRF Tyre, Godrej Group, Ford India, Birla Group of
Industries, Escorts Ltd., ITC and Times of India, to name a few, are engaged in CSR projects of
various types for social welfare in India on a regular basis.
Summary
The idea of CSR is rather new. It started as an organized movement and a code of business conduct
in the 1960s in the United States. In the 1970s, the code was formally approved and accepted. It
was an overall reaction against corporate dishonesty and scandals in many countries including
both developing and the developed ones. CSR is a gesture of showing the company’s concern and
commitment towards a society’s sustainability and development. CSR reporting is a method of
communicating with the society of the company’s desired action or the action actually performed
by it. On the basis of such feedbacks, the company can mould, change or partially or wholly modify
its contemplated CSR plan. The reporting has triple bottom lines that can be expressed by three Ps
(profit, people and planet).
CSR is an ethical issue and, therefore, is normative in character. CSR will be different for
different types of business institutions and also for different levels of society. There is no straight-
jacket formula for CSR. In a sense, CSR is a relative concept.
There are, indeed, many CSR principles, strategies and models. One of the best principles for
discharging corporate social responsibility is to have respect for human rights. This respect should
be explicitly shown in the public. There should also be non-discrimination and social capital
formation. Most of the models (except the Friedman model) emphasise on the commitment and
ethicality of the company. The model presented by the present author lays more stress on the ethical
rooting and the financial prowess of the company. There is no unique and ideal practice of CSR. It
is conditioned by many political, social, institutional, economic and cultural issues. It is a type of
community investment and a process of creating social capital. CSR has been accepted as one of
the basic responsibilities of businesses throughout the world. The need for CSR has been felt by
different sections of society like consumers, employees, government, suppliers and stakeholders.
The Sachar Committee is of the opinion that the Company Act should be amended in a suitable
manner so that every company will be compelled to send a social report along with the director’s
report to indicate all the CSR activities carried out by it every year.
It is gratifying to note that in the 1980s, a significant trend was noticeable in the area of CSR in
India. Among others, the TISCO invited many experts to prepare a social audit for the company
368 Business Ethics and Corporate Governance
and the findings were made public. In recent years, it is observed that many established Indian
companies are motivated by philanthropic considerations and regularly spend a significant amount
of their earnings on CSR.
Key Terms
Social Responsibilities of Social Report Principles and Strategies of
Business Social Audit CSR
Reverse Robinhood Effect Corporate Social Best Practices of CSR
Sachar Committee Report Reporting Social Capital
Corporate Citizenship Model
Review Questions
1. What is corporate social responsibility? Who determines that responsibility?
2. Is corporate social responsibility a legal issue or an ethical issue? Explain your view.
3. Why should business people have social responsibilities?
4. What is the need for CSR?
5. Write a note on CSR in India.
6. Write note on the Corporate Citizenship Model.
7. Write a note on the CSR programmes of Indian companies.
Web Links
1. http://en.wikipedia.org/wiki/Corporate_social_responsibility
[Corporate Social Responsibility]
2. http://www.sesec.org/pdf/7/SESEC7_Grodman.pdf [Corporate Social Responsibility]
3. http://www.csr-weltweit.de/uploads/tx_jpdownloads/csr_russi_memorandum.pdf
[On Principles of Corporate Social Responsibility]
4. http://www.basisboekmvo.nl/files/Three%20models%20of%20corporate%20social%20
responsibility%20-%20implications%20for%20public%20policy.pdf
[Three Models of Corporate Social Responsibility]
5. http://www.qfinance.com/contentFiles/QF02/g1xtn5q6/12/0/best-practices-in-corporate-
social-responsibility.pdf [Best Practices in Corporate Social Responsibility]
6. http://www.asiabusinesscouncil.org/docs/BSR.pdf
[Corporate Social Responsibility: Business Solutions to Global Challenges]
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Social Role”, in Hoffman, W.M. and Moore, J. (Eds.), Business Ethics, McGraw Hill, New
York
Carroll A. B. (1991), “The Pyramid of Corporate Social Responsibility”, Business Horizons, July-
August
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CHAPTER 18
Corporate Governance
in India
LEARNING OBJECTIVES
This chapter will help the reader to understand
■ History and evolution of corporate governance in India
■ Basic features, structure and standards of corporate governance in India
■ Defects of corporate governance system in India
■ Corporate governance reforms in India on the basis of recommendations of various committees
■ World Bank on the corporate governance in India
■ Role of government to ensure corporate ethics in India
■ Contemporary issues in corporate governance in India
INTRODUCTION
Immanuel Kant once spoke about the possibility of monkeys becoming men, Goethe wrote about
the metamorphosis of plants, Erasmus Darwin and Lamarck had also propounded the theory that
species had evolved from the simpler and lower forms to a more mature and higher form (Durant,
1961). In fact, the middle of the nineteenth century was permeated with the spirit of evolution and
metamorphosis. In the 1850s, Herbert Spencer made a seminal contribution to the origin of species
Note: Ms. Sumana Shome, Lecturer at George College of Management, Kolkata, has written a few sub-topics including
Committees of the Board, the SEBI, the Birla Committee Report and the Companies Act of 1956.
Corporate Governance in India 373
through his explanation of the theory of evolution, and that made him one of the most popular
figures of his time. Evolution has remained a powerful explanation of the origin and growth of all
species. Science has provided pretty convincing pieces of evidence from various fields of study, to
substantiate and sustain this point of view. The most critical idea of Spencer was the suggestion
that the theory of evolution could be applied to every field of epistemology and study, including
organizational and institutional changes. It is indeed so. The growth of corporate governance in
India is a case in point. Corporate governance in India is the outcome of a long process of evolution,
metamorphosis and refinement. This is clear from the history of corporate governance in India.
In the wake of failures of many corporate houses in the United States, UK and other countries,
and also with the liberalization of the Indian economy in 1991, Indian government and corporate
houses became more concerned with the need for strong corporate governance. It was realized
that such a type of corporate governance will enable the Indian companies to be more interna-
tional and that the capitalist integration during the period of globalization will necessitate strong
corporate governance. Several committees and institutions felt the immediate need to refurbish
the system of corporate governance in India to make it more powerful. The contributions of the
Confederation of Indian Industries (CII), the Securities and Exchange Board of India (SEBI) and
the Kumarmangalam Birla Committee Report (2000), among others, are noteworthy in this context.
The Government had also set up a National Foundation for Corporate Governance (2003). It is
looking after the problems that stand in the way of good corporate governance in India (The Hindu,
2003). In what follows, is an attempt will be made to present the historical evolution of corporate
governance in India in a brief manner.
British Period
The MAS was the embryonic beginning of corporate governance in India. It had several character-
istics:
● It was a system of providing managerial and financial prowess.
● It was a contractual system of management that very often led to the success of the
company.
● It provided expertise, financial advice and advice for company growth.
374 Business Ethics and Corporate Governance
● The system of interlocutory directorship was helpful to some extent for many types of inter-
linkages among companies.
● It created an atmosphere where, in spite of the absence of high quality managerial talents,
companies could work successfully and could attract investors and all types of shareholders.
However, although the system was successful in its own way, it had many serious limitations. The
system was not very progressive and was much dependent on the state policy and rules. It suffered
from lack of transparency and accountability. As a result of all these, the MAS had low efficiency
and lack of dynamism (Goswami, 2002). But it was instrumental for the expansion of the industrial
base during the British period. This is evident from the growth of private business enterprises in
different parts of India and also the growth of different region-wise business classes. The MAS had
the following three serious limitations towards the growth of corporate governance in India:
● The MAS did not make any attempt to protect the shareholders’ rights.
● It did not make any serious attempt to maximise the shareholders’ returns or values.
After the independence of India, an attempt was systematically made to develop the industrial
sector through the Industrial Policy Resolution Act of 1948. This was indeed an attempt to develop
a system of partnership capitalism between the state and the private sector. The Industrial Devel-
opment Regulation Act of 1951 was a new development that provided a legal basis for the formal
development of the method of licensing system in India. It is instructive to note that from 1951
onwards, the country imposed many types of rules and regulations for the growth of the private
sector industries.
Period of Liberalization
In this period, the Securities and Exchange Board of India (SEBI) (1992) made a number of provi-
sions to encourage the growth of corporate governance in India by protecting investors’ rights
and creating the ground rules for corporate governance. The attempt to introduce and improve
the corporate governance went into several directions. In 1997, the Confederation of Indian
Corporate Governance in India 375
Industries (CII) prepared a code for corporate governance. Subsequently, the Kumar Mangalam
Birla Committee (1999) with the auspices of the SEBI introduced a standard listing agreement to be
followed by all the listed companies in India under Clause 49. Now all the listed companies in India
have to follow the SEBI code. It has been accepted in principle by all that corporate governance is
crucial not only for the success of international business but also for bringing about uniformity in
the international standard and corporate behaviour. The uniformity is the essence of a globalized
system that offers a level playing field for international business interactions.
But many types of ethical deficits or failures, since the past several years and their aftermaths,
had an adverse impact upon the trustworthiness and goodwill of the organizations. Prior to such
events, the credo of corporate governance, per se, never was so important an area. The corporate
scenario in India had been stagnant till the early 90’s. With the opening of the doors, i.e., liberal-
ization in 1991, the goals and positions of the Indian organizations had changed a lot. The reform
programme in the Indian economy started to make a steady progress since 1994. India is one
of the largest emerging markets with respect to market capitalisation. India instituted the Anglo-
American type of corporate governance with a one-tier system having a board composed of both
the inside and outside directors that include a CEO as the chairman to manage the company. Thus,
this period witnessed the formal installation of corporate governance in India with responsibility
and transparency which became essential in the wake of liberalization and globalization of the
Indian economy.
In today’s world, there has been a growing dialogue between the different stakeholders about
corporate governance as a result of which there is a growing concern as to how it must evolve to
cope up with the dynamic and global nature of the Indian capital markets—the principal stake-
holders being the shareholders, the Board of Directors, suppliers, customers, employees of the
organization, the creditors and the community at large.
In India, the ambit of corporate governance has faced a paradigm shift, owing to some big institu-
tions laying emphasis on how corporate bodies should be run and thereby laying down regulations
for fulfilling the same. In the year 1996, the Confederation of Indian Industries (CII) took a special
initiative, with the core objective of developing corporate governance, which would be adopted and
followed by the Indian companies – be it the private sectors, or the public sector, other financial
institutions and banks and every other corporate entities. This initiative from CII had its roots in
the public concerns with a special reference to the interests of the investors (emphasising upon the
small investors) as well as towards the promotion of transparency amongst the businesses and the
industries. Keeping such noble ambitions and viewpoints in mind, a National Task Force was set
up during April 1997 with the primary objective of presenting the draft, which would highlight on
the guidelines, the codes and directives of corporate governance. It is essential to achieve global
standards of corporate governance to help converge the interests of the stakeholders and rebuild
investor confidence in big corporate houses. With the Independent Directors Dialogue (IDD), a first
of its kind initiative in India, there exists a network of the Independent Directors, with the primary
objective to develop insights and suggestions into the foray of the functioning of the Indian as well
as global financial markets, which would further help in strengthening relationships amongst the
leading companies of the world and their directors. The internal factors within an organization rely
376 Business Ethics and Corporate Governance
largely upon the external macro environment comprising the legislatures and the overall market
commitments, along with a strong organizational culture that promotes and safeguards organiza-
tional policies and processes.
Modern Period
The modern period is marked by several fundamental changes in the area of corporate governance.
It is not difficult to appreciate that most of the far-reaching changes in the CORPORATE GOVER-
NANCE started in the first few years of the present century (2000 onwards). For instance, the SEBI
amendments took place in 2000, 2001, 2003 and 2004. The amendment in 2004 is perhaps the most
important amendment as it superseded all the earlier circulars in some important respects. Since the
year 2000, the SEBI has been enunciating various new principles of corporate governance based on
the recommendations of different committees appointed for this purpose. The SEBI amendments
were made to improve on the standard of CORPORATE GOVERNANCE in India by changing
many issues relating to the composition, strength and the size of the board, remunerations, disclo-
sures, financial reporting, accounting standards, board meetings, performance evaluation, code of
conduct, ethical issues and transparency. In the same way, many company amendment acts were
also introduced in India since 2000. For instance, the Company Amendment Act of 2004 permits
the passing of resolutions by the postal ballot system.
governance rule. The system is similar to that of UK and Japan and unlike Germany.
● India mainly follows the family-based insider system of ownership. Majority of equity
shareholdings (about 40 per cent) are with the family controlled large business houses.
● Regarding the sources of finance, India depends more on the internal capital market than on
nance.
● In India, the minority investor’s rights and creditor’s rights are not as well-protected as in
companies under clause 49. The compliance of this clause will make a lot of improvement in
the standard of performance of the listed companies.
● While the holdings by the small investors are negligible, there are significant cross-holdings
● The appointment of independent directors is mandatory. The proportion of such directors may
be 50% or one-third of the total board members of the listed companies.
● Shareholders have the right to seek redressal for the violation of their rights.
● The Audit Committee must have a majority of independent directors and it should function as
per the rules laid down by SEBI and the Companies Act.
● Lack of transparency in reporting and disclosures.
● There is a high degree of concentration of control rights as given by the ownership system.
and reduction in import tariffs and the opening of the economy as per the rules of global-
ization have created new incentives for both domestic and foreign companies. All these have
also triggered expansion of the capital market in India.
● The SEBI has also, through various amendments, introduced many development-oriented
features in corporate governance which are comparable with the standards of corporate
governance in developed countries. However, the progress is on the way and Indian corporate
governance has a long way to go to catch up with the ideal standard.
The following committees are important in the Indian corporate governance system:
Corporate Governance
Management
Committees
Society
Capital Market
Government
Supervison Direction
Accountability Transparency
● The policies laid down must be prepared with the primary objective to assess and manage
risks.
● Every member of the Board must be trained on the business model followed.
380 Business Ethics and Corporate Governance
● There must be a written code of conduct for the executive management which would be
posted at the company website for public view.
● There should not be any nominee directors, and if any, must be appointed by the share-
holders.
● The compensation paid to the non-executive directors of the company must be approved by
the shareholders in general meetings.
● Any unethical practice observed by any personnel must be communicated to the audit
committee directly, without necessarily informing their superiors.
● The companies must make an affirmation that they have provided protective measures to
‘whistle blowers’ from any sort of unfair employment practices.
corporate governance, and that this should be primarily done through increasing powers and
responsibilities of the Board members, making them more accountable and also by consoli-
dating the powers of the Audit Committee.
● The aim of such changes is to make the Indian companies more strong in the light of rapid
the board members and senior management and each of them have to annually affirm and
establish an overall compliance with the code.
● Independent Directors shall be 1/3 to ½ depending upon whether the Chairman of the board
of management discussion and analysis of financial condition and the result of operations.
Also for the reports of compliance with laws and risk management, as well as management
letters and letters of weaknesses in internal controls issued by statutory and internal auditors/
appointment, removal and terms of remuneration of the chief internal auditor.
● Subsidiary Companies shall comprise of 50% non-executive directors and 1/3 and ½ of
transactions, risk management matters and also the proceeds from initial public offering as
well as the remuneration of directors.
● Certifications. Any certification would be inclusive of the review of the necessary financial
statements and director’s report, the overall established and maintained internal controls.
Corporate Governance in India 381
Every matter must be disclosed to the audit committee, regarding the accounting policies and
standards that are followed by the company during a financial year.
● Whistle Blower Policy must be communicated to every employee and whistle blowers should
be protected from unfair treatment and termination.
parency of the exact information and the duties and responsibilities of the independent and
outside directors.
● To prepare the draft of the best corporate practices.
● The recommendations of the Birla Committee Report have been specially laid down keeping
in mind the Indian organizations. The basic premise is to ensure the commitment of the Board
members in managing the body corporate transparently in order to maximise long-term share-
holder value.
The areas that have been highlighted for standardising the principles of corporate governance
are:
● The Committee has looked upon the importance of the issue of corporate governance from
the macro point of view of the stakeholders, which is also one of the prime concerns of
382 Business Ethics and Corporate Governance
SEBI. They both echo the demand for ‘good’ corporate governance in organizations by
prospective investors, which would enable them to know about the companies in which they
have invested.
● Every company must reflect, in their annual reports, the sequence in which they have incor-
porated corporate governance overall in line with the Committee’s recommendations. Powers
have been given to SEBI to write to the regulatory and government bodies to incorporate such
recommendations in their framework.
● Intimation of information in the Director’s reports about the utilisation of funds, the variance
in the projected and actual use, including the cash/fund flow statements, as well as providing
the quarterly financial results and also dispatching balance sheets to every house and an
abridged version to the shareholders.
● Compliance to rules and regulations as a measure to monitor share transfer issues and also the
allotment of preference shares at market prices and also providing the exact information and
disclosure of price sensitive information.
● The Board requires setting up independent Audit committee for a more credible disclosure of
financial information.
● Consolidated statements must be provided on behalf of the subsidiaries wherein they have
51% or more of the share capital.
● There must be interest on the part of the shareholders in the appointment of directors or
auditors.
● The norms laid down by SEBI must be strictly followed.
● Proper disclosures
● Poor corporate governance allowed poorly performing firms to have a high share of finance.
● The ratio of private sector credit to Gross Domestic Product was explosively high.
● Most of these economies experienced over-heating (actual growth rate exceeding the warranted
growth rate).
● Short-term Debt/Reserve ratio was abnormally high.
● The real exchange rate appreciated considerably and the export slowed down.
● The current account deficits were outrageously high and there was significant outflow of
capital.
● The banking crisis and the currency crisis went hand in hand. The lent out of huge amount
of money to the political bosses or their cronies without adequate collateral, ultimately lead
to the non-performing loans getting considerably increased. The banks encountered moral
hazards and adverse selection problems.
From the aforesaid factors, it is rather safe to conclude that the performance of the corporate
sector was not at all satisfactory and blame squarely rests on the poor corporate governance. The
East Asian crisis was, in the teleological sense, a crisis of confidence. The investors lost confidence
in the corporate governance, banks lost confidence in the promise given by the government to them,
people lost confidence in the government and the domestic currency and the international lenders
lost confidence in the domestic banking system.
384 Business Ethics and Corporate Governance
The financial crisis taught the lesson of vulnerability of the market system, of corporate gover-
nance and the fact that unless the corporate macro fundamentals and governance are strong, the
economy becomes vulnerable to crisis and speculative attacks. The assurances given by the
governments, the blind faith in the automatic adjustment power of the market are all big hoaxes.
The random failures and bankruptcies of well-known corporate houses brought to the surface the
grim fact that corporate business practices were based on a shaky foundation, and the main reason
was the lack of strong corporate governance. The banks did not even know the sterilization practices
necessary in the context of a large inflow of foreign capital.
The World Bank made a timely reminder in the G7 Meeting in 1998 that unless the standard of
corporate governance is improved, financial crises may be recurring phenomena. The World Bank
suggested a number of measures including granting of loans, technical advice and assistance and
formulated a code of corporate governance. The World Bank endorsed the OECD principles of
corporate governance and asked every developing country to implement those principles. It also laid
down that unless these principles are strictly followed, no financial help will be granted either from
the International Monetary Fund or the World Bank. This was evident in the cases of World Bank
loans to Malaysia, South Korea and Thailand (Vittal, 1997). Many developing countries engaged
themselves in structural and institutional reforms and some even went so far as to develop their own
corporate codes for better corporate governance. All of them were influenced by the empirical fact
that, in the days of globalization, unless the standards of corporate governance are improved, they
cannot expect to attract a substantial amount of FDI for their economic growth and development.
James Wolfensohn’s address (1998) to World Bank-IMF Annual Meeting indicated that
sustainable development in India needs good governance, competitive market, sound financial
sector and internationally accepted accounting and auditing standards among others. According to
the World Bank, for a country like India, governance issue remains important because it is related
to poverty reduction and development-enhancing factors.
While evaluating the performance of India in the area of corporate governance, the World Bank
observed that India could do better in some areas, although it mostly followed the OECD principles
(World Bank, 2004). The contribution of the nominee directors from financial institutions is one
such area. The Bank was critical about the enforcement of laws and regulations, pertaining to
stock listing in major exchanges in India, and also about insider trading problem and violations
of many contracts. The Bank asserts that there have been thefts of investors’ funds in some cases,
and the Board of Directors has been largely ineffective in India in monitoring the actions of the
management. It is observed that while norms have been developed for listed companies, the problems
of other private business concerns have remained mostly neglected. The bigger challenge for India
is the proper and effective implementation of these normative rules, as most prudent norms can be
hoodwinked by corrupt practices (Reddy, 2002). This is, indeed, a serious concern for the success
of corporate governance in India because in both depth and range, corporate scandals and scams are
rising at an alarming proportion both in the private and the public sectors.
In this context, it is pertinent to reflect on the Corruption Perception Index of 2010. A few years
ago, India and China’s positions were the same in the corruption index. However, the latest figure
shows that India is now more corrupt than China. Needless to add, corporate corruption in India is
on the rise and that may impinge on the performance of corporate governance unless some drastic
actions are in the offing.
Corporate Governance in India 385
corruptions.
● The important ways to ensure ethicality of corporate organizations, including transparency,
accountability and disclosures have been formally ensured through various laws, and practices.
On paper it seems that the whole process is hunky dory.
● The appointment of appropriate corporate committees and their statutory functions are ensured
by corporate laws and regulations like SEBI, Companies Laws, and so on.
● The government is ensuring widespread investors’ education programmes to ensure that they
know their rights and duties and contribute to the ethical development of corporations.
● For the solution of environmental issues, the government has circulated various guidelines for
nance in India. The updating of company laws, introduction of limited liability partnership
and capital market regulations are cases in point.
● The government has also provided guidelines for the internal financial reporting standard.
● The appointment and functions of auditors have been standardised and measures to eliminate
Corporate scams and scandals are increasing day by day in both depth and range. There is
no simple solution to this growing menace. Unless the corporate sector is ethically conscious
and concerned, the ethical deficit cannot easily be tackled.
● Related to the aforesaid issue is the question of the nature of corporate governance. Should it
be ethical governance or effective governance? These two things are different. Corporate
houses measure their success and efficiency in terms of the amount of profit they earn at the
end of the year. This quantitative and acquisitive mindset is difficult to change. Perhaps it will
be more meaningful to induct some directors from the philanthropic organizations like the
Ramakrishna Mission and Bharat Sevashram Sangha, and so forth. A proportion of directors
should be women as they are considered to be less selfish and more objective.
● One of the sources of unethical practices is the information asymmetry and lack of
directors? What should be the proportion between the inside and outside directors and how
many independent directors should be the ideal? Many of these questions are meaningless.
Corporate Governance in India 387
Perhaps the number is not so important as the quality and capability of directors. As a matter
of fact, there is nothing like a fully independent director for all time to come. After a period of
time, the independent director does not remain independent. He may have a party affiliation,
an ideology and a personal bias. What matters is the international level expertise and profes-
sional integrity of the director and his decision on merit and objectivity. The whole issue is a
pseudo issue. The question of having 50 per cent or 30 per cent independent directors is more
question-begging than problem solving. However, some sort of numerical balance should be
maintained.
● A clear-cut separation of powers is not specified in many cases of corporate governance
in India, and, therefore, there are unnecessary power struggle and showdowns. Let us
take a couple of examples. The authority of SEBI and that of the Ministry of Company Affairs
(MCA) are not well-defined. What appears to be appropriate is that while the SEBI will
look into the market-related matters of the listed companies and the issues connected with
compliance, the MCA must be given the power to legislate. At present, the SEBI assumes
some of the legislative authorities of company management. This needs to be changed for
better corporate governance. Another example will show that the banking sector (RBI) does
not have any compelling authority over the auditors. The RBI does not possess the penal
power. It is necessary to demarcate the power to either the Department of Company Affairs or
the Reserve Bank of India.
Summary
Corporate governance in India is the outcome of a long process of evolution, metamorphosis and
refinement. The evolution of corporate governance in India has a long history that dates back from
the days of the British period. Basically, the period of development of corporate governance in
India can be decomposed into four distinct periods: The British Period (1850–1955); the Period of
Controlled Development (1956–1990); the Liberalization Period: the First Phase (1991–1999) and
the Modern Period that started since 2000. This periodisation is based on the temporal progress of
corporate governance. The ancient period (British period) is marked by the working of the Managing
Agency System (MAS). It was not a progressive period. Since the 1950s, through industrial regula-
tions and controlled development, attempts were made to develop corporate governance in India.
However, the growth of corporate governance was stifled by different types of controls and restric-
tions. However, with the advent of globalization and in the wake of failures of many corporate
houses in the United States, UK and other countries, and also with the liberalization of the Indian
economy in 1991, Indian government and corporate houses became more concerned with the need
for strong corporate governance. It was realised that such a type of corporate governance will enable
the Indian companies to have more international presence and the capitalist integration during the
period of globalization will necessitate strong corporate governance. Several committees and insti-
tutions felt the immediate need to refurbish the system of corporate governance in India to make
it more powerful. The contributions of the Confederation of Indian Industries (CII), the Securities
and Exchange Board of India (SEBI) and the Kumarmangalam Birla Committee Report (2000),
among others, are noteworthy in this context. The Government also set up a National Foundation
388 Business Ethics and Corporate Governance
for Corporate Governance (2003). It is looking after the problems that stand in the way of good
corporate governance in India. India has been following the Anglo-American system having a
single tier model buttressed by the OECD principles of corporate governance.
The SEBI has, through various amendments, introduced many development-oriented features
in corporate governance, which are comparable with the standards of corporate governance in
developed countries. However, the progress is on the way and the Indian corporate governance has a
long way to go to catch up with the ideal standard. Still there are many defects in the CORPORATE
GOVERNANCE system, such as lack of professionalism, lack of transparency and accountability,
and so forth. While evaluating the performance of India in the area of corporate governance, the
World Bank observed that India could do better in some areas, although it mostly followed the
OECD principles. There are many disconcerting issues in the corporate governance of India like
unethical practices, power struggle, information asymmetry, and so forth.
At the governmental level, there is an active attempt to provide an enabling environment for
better corporate governance. It provides a level playing field to the private sector free from fear
and favour. It is also encouraging firms to be engaged in corporate social responsibilities. The
government rules, regulations and laws are all in favour of improving the ethical standards of
corporate houses. However, the bigger challenge for India is the proper and effective implemen-
tation of the normative rules, as most prudent norms can be hoodwinked by corrupt practices.
Key Terms
SEBI Clause 49 of SEBI Adverse Selection
Birla Committee Report Companies Act of 1956 Non-performing Loans
Corporate Ethics World Bank on Indian Crisis of Confidence
Company Affairs Corporate Governance
Managing Agency System Moral Hazards
(x) The appointment and functions of auditors have been personalised and measures to
eliminate window-dressing have been put in order.
2. Fill in the blanks
(i) The clause _____________ of SEBI had been introduced with a view to enhance and
strengthen the power of the independent directors who are the members of the Board.
(ii) As per the SEBI Report, the total tenure of the office of non-executive directors is now
limited to _____________ terms of three years each.
(iii) As per the Birla Committee Report, consolidated statements must be provided on behalf
of the subsidiaries wherein they have _____________% or more of the share capital.
(iv) The East Asian crisis, was in a teleological sense, a crisis of _____________.
(v) _____________ address (1998) to World Bank-IMF Annual Meeting indicated that
sustainable development in India needs good governance, competitive market, sound
financial sector and internationally accepted accounting and auditing standards, among
others.
(vi) Some of the measures taken in India have been outlined in the Prime Minister of India’s
address at the inauguration of the _____________ in India.
(vii) An important step in the direction of ethical Corporate Governance is the introduction of
the enactment of _____________ at all levels.
(viii) One of the sources of unethical practices is the _____________ asymmetry.
(ix) The British Period spanned from _____________ to _____________.
(x) The ancient period (British period) is marked by the working of MAS or otherwise known
as _____________.
3. Choose the correct option
(i) The Corporate Week in India was held on:
(a) December 14, 2010 (b) December 14, 2008
(c) January 4, 2010 (d) October 6, 2006
(ii) The World Bank made a timely reminder in the:
(a) G8 meeting (b) SAARC meet
(c) G10 meeting (d) G7 meeting
(iii) The DCA can be otherwise known as:
(a) District Council Association (b) Democratic Council Association
(c) Department of Company Affairs (d) None of these.
(iv) The Clause 49 of SEBI was amended on:
(a) 15th August, 2000 (b) 26th August, 2003
(c) 26th January, 2007 (d) 14th February, 2008
(v) From which date onwards did SEBI ask the entire Group (A) companies to submit a
corporate governance report in addition to their annual reports?
(a) April 1, 2001 (b) March 1, 2000
(c) Both (a) and (b) (d) None of these
(vi) Kumar Mangalam Birla Committee was set up in:
(a) 2000 (b) 1999
(c) 1998 (d) 2001
390 Business Ethics and Corporate Governance
Review Questions
1. Elaborate on the main features of corporate governance in India.
2. Discuss the guidelines laid down by SEBI to enhance the issues relating to corporate gover-
nance.
3. What do you think are the major defects of corporate governance in India?
4. What are the major issues in corporate government in India today?
5. Why is corporate government important in a country like India?
6. In corporate governance, there is always a gap between the precept and the practice. Explain
your point of view by citing examples from India.
7. What does the Birla Committee Report emphasise on the various aspects of corporate gover-
nance?
Web Links
1. http://www.cfr-cologne.de/download/workingpaper/cfr-08-02.pdf
[Corporate Governance in India]
2. http://rbidocs.rbi.org.in/rdocs/PublicationReport/Pdfs/20024.pdf.
[Corporate Governance in India: Current Status & Recommendations]
3. http://www.oecd.org/dataoecd/6/47/1931364.pdf
[Decreasing divide between Corporate Governance and Corporate Social Disclosure]
4. http://www.law.virginia.edu/pdf/olin/conf07/event_study.pdf
[Can Corporate Governance Reforms Increase Firms’ Market Values?: Evidence from India]
5. http://www.jains.com/Company/financial/bs07/corporate%20goveranance%20report.pdf
[Corporate Governance Report]
6. http://www.nfcorporate governanceindia.org/pdf/UBS_for_website.pdf
[The Effects of Ownership Structure on Corporate Governance and Performance:
An Empirical Assessment in India]
Corporate Governance in India 391
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Ghosh, B.N. (2003), “Capital Inflow, Growth Sustainability and Financial Debacles”, Managerial
Finance, Vol. 29
Ghosh, B.N. (2000), “Financial Crisis in the MIT Countries: Myths and Realities”, Economia
Internazionale., Vol. LIII
Goswami, Omkar (2002), “Corporate Governance in India” in Taking Action Against Corruption in
Asia and Pacific, Ch. 9, Asian Development Bank, Manila
Johnson, S. et al. (2000), “Corporate Governance in the Asian Financial Crisis”, Journal of Financial
Economics, March
Reddy, Y.V. (2002), “Public Sector Banks and the Governance Challenges”, BIS Review, #25
Sen, Dilip Kumar (2005), “A Report Card that Does not Impress”, Business Line, 27 January
Special Correspondent (2003), “Foundation for Corporate Government”, The Hindu, 3 September
Vittal, N. (1997), “Board and Directors in Public Sector Enterprises”, Management Review, (IIM-B),
January-March
Wolfensohn, James (1998), “Address to World Bank-IMF Annual Meetings”, Washington
World Bank (2004), Report on the Observance of Standards and Codes (ROSC): Country Study
Appraisal: India, Washington
CHAPTER 19
Models of Corporate
Governance: A Global Perspective
LEARNING OBJECTIVES
This chapter will help the reader to understand
■ Anglo-American model of corporate governance
■ The Anglo-American vis-à-vis the Franco-German model
■ Corporate governance in America
■ Corporate governance in Japan
■ Corporate governance in Germany
■ Corporate governance in transitional and developing economies
INTRODUCTION
When Socrates was sentenced to death and was given a cup of hemlock to drink, he told his friends
and admirers, “I am going to die and you are to live; only God knows which one is better”. This
statement, though uttered altogether in a different context, does, still, make a sense in the case of
the models of corporate governance. Some models are dying out and some new models are going
to appear on the surface, and no one knows which one is really better.
Indeed, there are bewildering varieties of models of corporate governance. Some of these models
are based on single-tier system, some on two-tier system; some models give more importance to
the banking system and some do not; some models are market-oriented and some are based more
Models of Corporate Governance: A Global Perspective 393
on interpersonal relations; some models are more traditionalistic and some are more liberal; some
take more care about the shareholders, some do not pamper them; some depend too much on cross-
shareholdings, some remain indifferent; some encourage individual shareholdings, some do not;
some are based on more of institutional holdings and some are not. But the adoption of LPG model
of development (liberalization, globalization and privatization) has made different models to be
rather uniform in a way: all of them are conscious about their global impact and interaction.
In the present chapter, only a few models will be analysed briefly taking into account their
salient features, recent challenges and changes that are in the offing. To be precise, we will discuss
five different models which encompass the perspectives of some transitional and some developed
countries.
● The model is based on the philosophy of the separation of ownership and control.
● It adopts a single-tier governance system.
● A system of corporate governance that adopts the Anglo-American model is governed by
the Board of Directors (BOD). The Board chooses the manager or CEO. The CEO can also
serve as the Chairman.
● The Chief Executive Officer (CEO) in this type of model becomes extremely powerful,
although he needs the approval of the Board for all his official actions and policies.
● The BOD is selected by the shareholders and its members are responsible to them.
● The BOD can be a mixture of both, the inside and outside directors.
● The BOD has the responsibility to govern while the Managing Director has the responsibility
to carry on the routine management functions.
● Both the BOD and the CEO are to act according to the satisfaction of the shareholders.
● The maximisation of shareholders’ value implies professional management with utmost
integrity, transparency and accountability by all concerned.
● This model of governance is a disclosure-based system. All types of disclosures related to the
business including information and data are given a crucial importance.
● The model is based on market logic with its emphasis on the principle of profit maximi-
zation.
● It emphasizes the role of capital market in disciplining the company. Market-orientation also
implies capabilities and contestability to withstand any competition and win the competitive
battle.
which a businessman adores. The terms are very clear and conspicuous and objective.
● It is believed that this type of corporate governance increases efficiency and productivity of
incentives. As Gary Becker, the Nobel Laureate, says that people work because of incen-
tives.
● It is a selfish type of profit-maximising model. It does not consider any philanthropic or social
responsibilities in its agenda. It is alienated from the society, workers, suppliers, customers
and so forth and their interest.
● The separation of ownership and management does create a serious problem of clash or
conflict which may not be on surface but in a covert form, and this robs the model much of its
claimed advantages. The principal-agent problem created by this model remains a source of
a potential undercurrent of conflict.
■ Under this system, it is possible for the CEO to be enormously powerful and he can
play ducks and drakes with the company. He can build his own empire for increasing his
power, prestige, pay and perks.
■ The consequence of the adoption of the Anglo-American model has been egregiously
bad in many economies that adopted this model. It has excessively increased income
inequalities (Clarke, 2009).
■ The model has a proclivity to depend too much on the equity markets. In such a case,
as the experience shows, the impact of any financial shock may be very damaging. Most
of the countries that were using this model could not save themselves from the financial
crisis that hit the East Asian economies in 1997.
■ It is now realised that a market-based model is not, for many reasons, an ideal model
Finally, it needs to be pointed out that the Anglo-American model of corporate governance has
seen the best of times, it has also seen the worst of times; it has witnessed the height of popularity,
it has also witnessed the period of dejection; it has experienced the era of success, it has also
experienced the era of failures; it has remained the spring of hope, it has also remained the winter
of despair. In fact, history has shown mysterious ways of bypassing many narrow convictions about
corporate governance.
Historical Perspective
The interest and concern with the corporate governance in America go back to the nineteenth century.
This observation is made by Sarbanes-Oxley Act of 2002. As a matter of fact, after the Wall Street
Crash of 1929, the business people of America became more interested in understanding the nitty-
gritty of corporate governance. The Great Depression of the Thirties was a worldwide phenomenon
and it taught people many lessons about the fragility of business organization and culture, and
especially of the free market capitalism. Then many changes were made in the corporate structure
in America to rebuild the confidence in corporate governance and culture.
However, since the late 1970s, corporate governance has been a subject of intense debate
(Hamilton, 2005). These debates concentrate on the following major issues:
● Rule vs. discretion of the Board of Governors.
The shareholders want to exercise their legal rights of corporate ownership and increase the
value of their wealth. But even now, these rights have not become absolute.
In the 1990s, the dismissal of CEOs in many corporate business houses by the Board of Directors
created consternation in America and once again the subject of corporate governance became more
interesting and challenging.
In 2000s, the massive bankruptcies of many well-established corporate houses including Word
Com, Enron and Tyco International, among others, shook the confidence of the people in corporate
governance and corporate scholars have been trying to identify the causes and fix up the responsi-
bility of such failures. It is the general notion that the callousness of the BOD is the fundamental
cause of corporate failures in America.
● Corporate penalty has been increased up to twenty years of imprisonment for a corporate
fraud.
● The CEOs who certify false accounts are liable to be punished for a maximum period of 20
sector board which will have both disciplinary and legal power.
● In order to highlight the conflict of interest, new rules will be framed for financial analysts by
The SOA has been a welcome act by the American corporate world in mitigating many of the
troubles that the corporate sector experiences. The Act is very broad. It even makes provisions for
the ideal ethical practices of a corporate house (Tipgos and Keefe, 2004). As a matter of fact, in
the United States, the basic problem is the conflict of interest between the widely-dispersed share-
holders and the powerful managers. The BOD is independent; but it has mostly failed to maintain
the shareholders’ interest. The shareholders cannot elect the BOD of their choice.
● Professional managers control the company. There is a separation between the management
and ownership.
● Audit companies have independent directors.
● Disclosure of important corporate information and data are encouraged. This reduces infor-
mation asymmetry.
● Large shareholders are also actively and regularly monitored.
● Role of banks in corporate governance is not crucial as the capital market remains very
strong.
● Single tier system prevails (with significant majority of outside directors).
● The Board has three important committees, namely audit committee, compensation
■ Compliance of laws.
the corporate world. This is supposed to be a good sign as the company is taken over by
that type of management which is more competent.
■ An important feature of the US corporate governance is the freedom granted to the
2009, p.86): (1) How to make the Directors more efficient, effective and independent?
(2) Should the CEO also work as the Chairman?
Although no consensus is achieved on these two (1 & 2) important issues, many analysts feel that
it is better to separate the functions of CEO from those of the Chairperson (see Cadbury Report,
discussed earlier in another chapter). As for the first issue posed above, there are recommendations
by many committees and the Sarbanes-Oxley Act of 2002 is also relevant. The Cadbury Committee
Report (1992) has also made some specific recommendations on both these issues.
Salient Features
The Japanese model of corporate governance is based on a number of traditional ethico-moral and
cultural considerations. In such a context, the following features become crucial as the sustainable
basis of corporate governance:
● Companies are based on family type relationship and ties. Such a relationship permeates
among the management and the workers, among the workers themselves and with other
companies.
● Every decision is based on a consensus and a general approval.
● The concept of obligatory relation and performance play an important role in corporate
governance.
● Japan has a culture of tolerance and respect for the traditional values and methods of settling
disputes.
● While in the United States, capitalist principles and market calculus guide all corporate actions
● The concept of profit is less important but the concept of market share is more important.
● Government has an important role to perform in the matter of corporate regulation and
controls.
● The process of decision-making is dominated by the “bottom up consensus procedure”.
In such a case, the decision is virtually influenced by the grass roots level people and
organizations.
● The control of the market mechanism is almost conspicuous by its absence.
● The corporate governance scenario does not experience much of hostile take-over unlike in
the United States.
● Many companies are seen to agree on mergers for mutual benefits.
● The Japanese system of corporate cross-shareholding (known as Keiretsu) by banks and
affiliated companies minimises the risk of hostile take-over which is so very common in
America.
● Industrial activities and capital flows are controlled by the government, and capital
market does not have any crucial role to play, although the Japanese capital market is broad
and resilient. The stock market is active but it has a limited role in the allocation of funds.
● The rights of both the shareholders and the creditors are protected in Japan.
● Although institutional shareholders constitute 60 to 80 per cent of the shareholder, their
influence on corporate governance and management is minimal.
● The Board of Directors is elected by the shareholders. The Board gives directions, makes
policies, appoints company executives and oversees the implementation of policies.
● The Directors are mostly “insiders” and they are primarily interested in the growth
of the company and the interest of the employees, not basically the interest of the share-
holders. The corporate governance is based on a single-tier system.
● The statutory auditors are appointed by the shareholders.
● Short-term trading of shares for temporary gains is very unusual in Japan.
the days of globalization in the 1980s, Japan has been experiencing a substantial amount of
capital inflow, and the corporate financing, therefore, does not have to depend on the domestic
banking system. Equity financing rather than debt financing from banks has become
prominent.
● Since the 1990s, legal reforms have put more emphasis on the shareholders’ rights and
their indirect or direct liaison with the corporate sector. This has made possible the impor-
tance of shareholders in corporate activities. It is felt that from now onwards, there will be a
welcome nexus between the shareholders and corporate governance.
● In many ways, corporate social responsibilities have enormously increased for the mainte-
nance of environmental integrity and ecological balance. Public health is another area of
growing importance to which the corporate sector is becoming more and more committed.
● To make the corporate governance more transparent and accountable, the appointment
of a three-member Audit Committee has been made mandatory for every company. These
three members will consist of internal auditor, statutory auditor and a full-time auditor.
● Many attempts are being made to wipe out corruption in the area of corporate governance. One
Thanks to globalization, for the availability of all types information for a better corporate
governance.
● With the help of experts, Japan was able to formulate corporate governance codes in
May 1998. These codes give more importance to progress with social harmony, formation
of independent committees and inclusion of more outside Directors. The Japanese corporate
governance is now poised to be more holistic and inclusive unlike the western models.
improve the CG system. The basic tenets of this code are the following:
■ More of corporate disclosure is needed.
in these countries, we will tangentially touch upon the cases of the Asian and far eastern TDEs.
Before we start off, it is imperative to clear out the concepts of the developing and transitional
economies.
Developing economies are those economies which are on the path of development but not fully
developed yet. Transitional economies are in the process of economic transition and have travelled
a long way towards the stage of a fully developed state. The East Asian economies including
Malaysia, Thailand, Philippines, Brunei, Taiwan and South Korea are all called transitional
economies. There are also transitional economies in Russia, Africa, and Latin America as well.
They are more developed than ordinary developing countries. The differences between these two
types of developing countries are in degrees and not in kind. For the purpose of discussion here,
all the three types of economies such as developing, transitional and emerging economies will be
treated as synonymous, although strictly speaking they are not. This is done here for the purpose of
analytical simplicity.
whether foreign or domestic, and if the risk of investment can be reduced, these countries
could expect much more investment. As a matter of fact, all these countries were receiving a
substantial amount of FDI.
● A good management and governance can also enhance the performance of a company in a
substantial manner, and this may improve the access to capital markets for liquidity and
financing problems.
● A good corporate governance can also reduce the hold of politics in all decision-making
processes. Decision-making on the basis of merit which is an ideal situation will be possible
under a good and neutral corporate governance.
● It is possible for a good system of corporate governance to protect and enforce share-
after mass scale privatization. Many of these countries were using privatisation as an
instrument of liberalisation without controlling its disadvantages.
● Another advantage of corporate governance is the better prospect of marketability of
goods and products in a more organized way. The bottlenecks can be minimized.
404 Business Ethics and Corporate Governance
● More active role of the shareholders in the affairs of the company was necessary.
● The Board must consist of outside directors and the chairperson should also be an outsider.
● There must be an institute of directors in every member country for the discussion of corporate
governance problems and for their operational efficiency through an interchange of ideas and
experience.
● The number of directors must be increased and there should be a substantial proportion of
outside directors.
● There should be training programmes on a regular basis on the topics related to corporate
governance.
Models of Corporate Governance: A Global Perspective 405
The progress of corporate governance in the case of Malaysia has been noteworthy. A code
of Governance was formulated in the year 2000. The country also formulated a capital market
master plan and financial a market master plan in during the same year. It has accepted the single-tier
system of governance and it is specified that the CEO is the chairman of the BOD.
In the case of China, the government gave a top priority to the development of the stock
market as early as in 2000. However, the development has not been satisfactory. Two very
important problems in the corporate governance are: lack of separation between ownership
and management, and lack of transparency. The structure that some companies follow is govern-
ment-led relationship-based structure. China is very eager to catch up with the west in respect of
corporate governance, but does not suitably change its institutional structure.
The tight administrative policy of the government has been hurting the further development
of the stock market. The Chinese corporate governance model is a control-based model where
political and institutional factors play a very decisive role. The business forms which are deviating
from the set rules are doing better in the stock market. A great economist of China has remarked
that “China’s stock market is worse than a casino. At least in a casino, there are rules.”
● They wanted to establish on firm footing property rights and true ownership.
● They wanted a rule-based system that could promote good corporate governance and cordial
There is often no unanimity in the acceptance of some of the existing guidelines. Some are in
the favour of Caux principles, some opt for OECD principles and some would like to follow
the World Bank guidelines. There are often conflict of interest and differences of opinion so
that the final decision is often stalled.
● There are often fights between the different interest groups in many types of critical decisions.
These may relate to appointment of directors (insiders and outsiders), managers, and decisions
406 Business Ethics and Corporate Governance
whether there will be a single tier system or not, whether the interest of shareholders will be
the sole objective or not, appoint of auditors, and many other issues relating to corporate
governance. The bickering often goes beyond the company level and is mixed with party
politics, and there is no easy solution.
● The Board of directors is often not reliable and the members have political influence. Corruption
is rampantly prevalent and it is indeed difficult to remove auditors and board members even
if they are corrupt.
● Under the existing situation, all types of desirable disclosures and transparency are not in the
do not have the experience or exposure of an international standard of auditing and accounting
practices.
● Capital markets in these countries are more illiquid than liquid. Capital market is narrow and
underdeveloped and many types of new instruments are conspicuous by their absence.
● There is often inefficiency in the allocation of resources. This may be because of a lack of
fool-proof studies or of new types of situations which are not experienced before. Global-
ization and liberalization have created many new types of risks and uncertainties the impact
of which is difficult to gauge.
● Diverse ownership after privatisation in many of these countries poses many new types
of problems. So, the same type of formula-based corporate governance cannot often
tackle these new problems.
● Vested interests and political interference often create obstacles in the way of financial,
administrative and labour market reforms. India is a burning example of this situation.
Due to the trade union pressure and democratic delays, labour, market reforms are not perhaps
possible in India, and workers sometimes are to be paid more than their productivities, thus
causing loss to companies.
To conclude the discussion, it needs to be pointed out that the DTEs have been trying since the
beginning of this new century to reform their corporate governance system which was earlier almost
non-existence or on a shaky foundation. In recent years, the concern for an efficient corporate
governance has been intensified by the fear of corporate failures, scams and scandals in many
capitalist countries.
However, incremental changes are visible in many DTEs. Some of these countries are following
the World Bank guidelines, some the CIPE (Centre for International Private Enterprise) advice and
some are resorting to an admixture of OECD and Caux Principles. Although in principle they have
accepted the need for changes in corporate governance, none can expect a miracle or quick-fix in
terms of desirable results in this direction. This is so because any change in corporate governance
involves political, economic and institutional changes.
Summary
There are bewildering varieties of the models of corporate governance. Some of these models
are based on single-tier system, some on two-tier system; some models give more importance to
Models of Corporate Governance: A Global Perspective 407
the banking system and some do not; some models are market-oriented and some are based more
on inter-personal relations; some models are more traditionalistic and whereas some are liberal;
some take more care about the shareholders, some do not pamper them; some depend too much on
cross-share holdings, some remain indifferent; some encourage individual shareholdings, some do
not; some are based on more of institutional holdings and some are not. But the adoption of liber-
alization, globalization and privatization has made different models rather uniform in a way: all of
them are conscious about their global impact and interaction.
The Anglo-American model is perhaps as old as the history of capitalism. However, it was never
so aggressively introduced but earlier than 1980s. In fact, there are as many types of the Anglo-
American model as there are varieties of capitalism. It is pointed out by many critics that the
Anglo-American model does not properly work in all types of economies and under all institu-
tional systems. It is not a universal panacea and the most desirable form of corporate governance.
It has a number of constraints and limitations. Therefore, many countries are in favour of adopting
the Franco-German model in lieu of the AA model. The Franco-German model is based on the
philosophy of industrial partnership of all the people who are associated with the governance
mechanism.
In the American model, capitalist principles and free-market mechanism are explicitly recog-
nized; accountability and transparency are tried to be practiced in corporate governance; minority
shareholders’ interests are protected by laws; proxy voting system by mail is an important feature;
one share, one vote is the established rule; shareholders appoint Board members and CEOs;
professional managers control the company. There is a separation between the management and
ownership; audit companies have independent directors; disclosure of important corporate infor-
mation and data are encouraged; large shareholders are also actively and regularly monitored; role
of banks in corporate governance is not crucial as the capital market remains very strong; single
tier system prevails.
The Japanese system is different in many ways from the American system. Unlike in America,
profit is not the final word in the Japanese model. Corporate governance is based in Japan on family
ties and relations. All decisions are based on general consensus. Community value is given more
importance. There is the practice of cross-shareholding and there is not much of hostile take-over.
Industrial activities are controlled by the government. The German system is based on a two-tier
system. Directors can access all types of information; corporate cross-holding of shares is a very
common practice. Commercial banks have dominating and controlling power, and there is a person-
alised relation between the corporate sector and the banking sector. In the German model, the stock
market is not dominated by individual households and the government takes active interest in the
development of the corporate sector.
The concept of corporate governance is relatively new to developing and transitional economies.
However, they have now learnt the advantages of and the need for having good corporate gover-
nance in the context of liberalised economies. These countries have become more conscious and
concerned about corporate governance after the onset of the Asian Financial Crisis of 1997. Many
of these countries were themselves affected by this financial crisis. To be precise, most of these
countries explicitly recognised the importance of good corporate governance because of its contem-
plated advantages as early as in 1999 during the period of the crisis. Corporate governance in these
countries is in the process of evolution and they are trying either to follow the established interna-
tional principles or are in the midst of making their own rules.
408 Business Ethics and Corporate Governance
Key Terms
(ix) A properly conducted corporate governance can prevent asset stripping which occurs
after mass scale _____________.
(x) Taiwan initiated the process of reforms of corporate governance in the year
_____________.
3. Choose the correct option
(i) Who said the famous words, “I am going to die and you are to live; only God knows
which one is better”?
(a) Socrates (b) Plato
(c) Aristotle (d) None of them
(ii) The Enlightened Anglo-American model is primarily:
(a) A hybrid model (b) A globalized model
(c) Both (a) and (b) (d) None of these
(iii) Which model gives topmost priority to the interest of the shareholders and its objective is
to increase shareholders’ value and wealth?
(a) German model (b) Indian model
(c) Anglo-American model (d) None of these
(iv) Which model is based on the philosophy of industrial partnership of all the people who
are associated with the governance mechanism?
(a) Anglo-American model (b) Franco-German model
(c) Indian model (d) All of them
(v) After which incident did the business people of America became more interested in under-
standing the nitty-gritty of Corporate Governance?
(a) Wall Street Crash, 1929
(b) Formation of the Bill Clinton government
(c) Both (a) and (b) (d) None of these
(vi) The fundamental objective of which Act is to control malpractices in the Corporate Gover-
nance in America?
(a) The Parliament Act (b) Sarbanes-Oxley Act
(c) Both (a) and (b) (d) None of these
(vii) While in the United States, market calculus guide all corporate actions, in Japan they
have:
(a) Differential Calculus (b) Financial Calculus
(c) Communitarian Calculus (d) None of these
(viii) The Japanese system of corporate cross-shareholding by banks is known as:
(a) Shitsuke (b) Seiri
(c) Seiso (d) Keiretsu
(ix) The supervisory board in the German Corporate Governance is called:
(a) Aufsichtstrat (b) Keiretsu
(c) Both (a) and (b) (d) None of these
(x) The executive board in the German Corporate Governance is called:
(a) Aufsichtstrat (b) Vorstand
(c) Keiretsu (d) None of these
410 Business Ethics and Corporate Governance
Review Questions
1. Compare and contrast the corporate governance systems in Japan and the United States of
America. Which one is better according to you and why?
2. Compare and contrast the corporate governance systems in Germany and Japan. Which one
of them you do not like and why?
3. The Anglo-American Model has proved to be both good and bad. Discuss.
4. Outline a model of ideal corporate governance suitable for a developing country like India.
5. What are transitional economies? Enumerate the problems of these economies to have a
system of good corporate governance.
Web Links
1. http://www.accountant.org.cn/doc/acc201005/acc20100505.pdf
[An Analysis on Corporate Governance]
2. http://www.banffexeclead.com/Newsletter04/PDF/Leadership%20Acumen%2021%20
V2%20Models%20of%20Corporate%20and%20Board%20Governance.pdf
[Models of Corporate/Board Governance]
3. www.lsf.lu/eng/content/download/646/3350/file/E4_Mullineux.pdf
[Is there an Anglo-American Corporate Governance Model?]
4. http://finance.wharton.upenn.edu/~allenf/download/Vita/Japan-Corporate-Governance.pdf
[The Corporate Governance Model of Japan: Shareholders are not Rulers]
5. http://www.law.kyushuu.ac.jp/programsinenglish/conference2007/conference/puchniak.pdf
[The Japanization of American Corporate Governance? Evidence of the
Never-Ending History for Corporate Law]
6. http://www.ecgi.org/codes/documents/japan_cgf_j.pdf
[Corporate Governance Principles: A Japanese View]
7. http://www.finance.uni-frankfurt.de//wp/509.pdf
[Corporate Governance in Germany: An Economic Perspective]
References
CIPE (2000), Instituting Corporate Governance in Developing, Emerging and Transitional
Economies: A Handbook, USA
Clarke, Thomas (2009), “A Critique of the Anglo-American Model of Corporate Governance”,
CLPE Research Paper #15/09, University of Technology, Sydney
Das, Subhas Chandra (2009), Corporate Governance, Prentice-Hall of India, New Delhi
Hamilton, R. (2005), “Corporate Governance in America”, Journal of Corporate Law, Vol. 25, #2
McGee, R. W. (2009), Corporate Governance in Transition Economies, Springer, USA
Monks, R.A.G. and Minow, N. (2001), Corporate Governance, Blackwell, UK
Prasad, K. (2009), Corporate Governance, Prentice-Hall of India, New Delhi
Tipgos, M.A. and Keefe, T.J. (2004), “A Comprehensive Structure of Corporate Governance in
Post-Enron Corporate America”, CPA Journal
CHAPTER 20
Ethics and
International Business
LEARNING OBJECTIVES
INTRODUCTION
Alice asked the Cat: “Would you tell me please which way I ought to go from here”?
Cat: “That depends a good deal on where you want to go to”.
Alice: “I don’t much care where”.
Cat: “Then it doesn’t matter which way you go”.
(Lewis Carroll, Alice in Wonderland)
The above conversation between Alice and the Cat is very relevant for the businessman who wants
to venture into international business. Success in international business needs proper direction, aim
412 Business Ethics and Corporate Governance
and focus. It requires proper planning for products, places, prices and presentation. In the days of
globalization since the 1980s, most of the companies are going global and virtually there is now the
end of geography. The global economy has enormously expanded to the tune of $ 35 trillion and
is being operated by more than 100,000 multinational corporations (MNCs). The world is more flat
now and technological and communication gap and information asymmetry are fast disappearing.
Abundant capital flows across countries are also creating opportunities to go global in search of a
lucky break for business. Some developing countries, like Brazil, Russia, India and China (BRIC
countries) are doing better than other developing countries in international business.
The Schumpeterian theory of innovation is becoming a reality now in less developed countries
(LDCs) and they are navigating in the international arena for better business, international market
share and goodwill. Joseph Schumpeter has classified five different forms of innovation (See Ghosh,
2004, pp. 88–89):
● The introduction of new goods
Needless to add, all the aforesaid forms of innovation can and are growing through liberalization
and globalization in recent years, and international business in this context has become extremely
beneficial.
However, with the increasing complexity and volatility in the global business, the ethical issues,
dilemmas and dissensions have also become very problematic. This chapter will discuss some of
the major unethical issues in international business, the negative impacts of MNCs, cross-cultural
problems and challenges, international codes, values and principles, and some general guidelines
for doing international business.
now joining the international trade game to expand their economies and to realize a higher
rate of economic growth. International trade has been found to be contributing to economic
growth in many stagnant or slow economies of less developed countries. Trade is still now
regarded as the engine of growth. Over the last 25 years or so, world trade has grown more
than three times.
● The growth of trade is facilitated by the availability of capital through international sources
like the World Bank, IMF and many other multilateral sources. The introduction of many
facilities for the expansion of free trade and the abolition or minimisation of tariffs has also
Ethics and International Business 413
significantly contributed to the expansion of global trade. The declaration of the WHO that it
will create a framework of predictability and stability for the expansion of trade and commerce
among nations is an additional factor giving incentive to less developed countries.
● The expansion of the knowledge sector has been able to create a large stock of high quality
workforce in many developing economies and it has been possible to carry on innovation,
technological development and productivity gain and cost reduction. The increased cross-
country mobility of the high quality workforce has been responsible partly for the flow and
cross-fertilisation of news ideas and innovation. All this has contributed to new product devel-
opment through better processes and techniques.
● Technological development and its rapid spread over the countries has significantly changed
the method and techniques of production. Also, production can now be done just in time.
Better technology has produced several advantages including minimisation of cost and time
and better quality of products, which are all very essential for comparative advantage at the
international level.
● Globalization has annihilated the distance, information asymmetry and communication
gap. Thanks to the growth of information technology and internet, businessmen can, within
no time, gather the information on trade volumes and values, currency values, trade facilities
and barriers, potential demand, and so on regarding trade with a particular country, or about
the trend in international trade. The efficiency of search engines and that of Google particu-
larly has been a boon to IB across the world.
● The digital devices, mobile phones, email facilities, SMS, instant messaging, and so on
are helping the trading people to take almost immediate decisions in the matter of trade.
Digitalisation of information technology is a significant contributory factor for the growth
and exchange of knowledge about trade. Cross-country phone calls, which are an index of the
degree of globalization, have enormously expanded these days.
● Outsourcing or subcontracting is now possible on a large scale among the manufacturing
and trading countries. Thus, cheaper materials and inputs can be procured from any part of
the world for the sake of the growth of export promoting and/or import substituting industries.
This has contributed towards reduction in cost structure.
● The off-shoring of production through the relocation of manufacturing plant is now
possible, and that makes possible the use of cheap local labour that significantly reduces
operation costs. In this way, the product cycle can be divided into several parts and each one
can be located to the area where raw materials and labour are cheap and abundant in supply.
● The supply chain system has also undergone a tremendous structural change. Several
countries and world trading centres can now be connected in the supply chain to make time
and cost savings possible.
● International demonstration effect has intensified the demand for foreign commodities
and branded products. Globalization seems to have brought about some unification and
homogeneity in consumers’ culture. The increasing demand for foreign goods as a result also
of increased real per capita income has called for a sustained increase in trade and commerce.
For instance, the wave of Westernization that dominates the cultural transformation of the
developing world has been increasing the demand for American pop songs, coke culture and
American goods.
414 Business Ethics and Corporate Governance
Most of the aforesaid factors have created a situation of horizontal convergence that has
brought companies, customers and places much closer at the international level. Moreover,
the success of the western capitalist countries in the realm of growth and development
has attracted many Asian economies to the western model of capitalist development, and
especially the East Asian countries like Malaysia, Indonesia, Philippines, Thailand and the
Tiger economies have not only emulated the western model but have also been integrated with
the western capitalist world. This has once again resulted in various types of trade interactions
in these countries.
payment (Transparency International, June 2005). In 2007, the Transparency International found
that one of the most corrupt countries in the world was Somali followed by Iraq, Haiti, Tonga,
Uzbekistan, Chad, Sudan and Afghanistan. Officially, the United States’ Foreign Corrupt Practices
Act (FCPA) does not allow bribe to be given to foreign firms. However, it permits small grease
payments to ministerial or clerical government employees. Although bribe is not permitted in many
countries, small gifts which are genuine, transparent and does not attach any condition is permitted
by the OECD principles.
Selling of harmful products. Although banned in many advanced countries, these are still
continuing in LDCs. Genetically engineered products are banned in many countries and labelling of
such food products has been made compulsory in USA and EU. The supply of tobacco products is
decreasing in USA but their exports are increasing in LDCs. Baxter International’s defective kidney
dialysis filters killed ten people in Spain, in the 1970s, Nestle’s infant formula proved to be fatal for
children in Africa, and ConAgra Foods supplied raw beef in America that caused E. coli infection
to many people. All these are common news items. Many countries are now trying to prevent the
entry of such harmful goods to their countries.
Price discrimination being practiced in many countries is an unethical issue if it reduces
competition and goes against the poorer section of the society. Many vitamins producing companies
in USA and EU overcharge consumers, and it is a great business. Prices are increased through
monopolization and gouging. Gouging is a situation where very high prices are charged from the
customers for a limited period of time. Anyways, unfair prices are invariably unethical.
Dumping is another form of unethical international business practice where domestic
consumers may be charged more and foreign customers are charged less for a limited period. It is
unethical because competition is thwarted and prices are artificially set just to capture a vast market.
Many LDCs have been experiencing dumping by food MNCs who are supplying food items to
these countries and thereby ruining the ago-based producers and the agricultural activities.
The use of child labour is rampant in many developing countries, including India, Pakistan,
Bangladesh and these labourers are exploited in drug selling, trafficking, prostitution and crime
rings (ILO: 101 Report). Many international companies use child labour and pay them almost
nothing for keeping the cost of production very low. Once, USA refused to buy Indian carpets
because they were made by using child labour. The use of child labour is morally degrading and is
a form of exploitation.
Violation of Intellectual Property Rights is unethical and costs every country substantial
losses. It demoralizes the creators and innovators. According to one estimate, the loss to the United
States on this account amounts to $250 billion per year and costs about 750,000 jobs (as quoted
in Weiss, 2009, p. 252). India and China, among other countries, are in the US list of intellectual
piracy (of music and software). Imitation of branded products is a regular phenomenon in LDCs.
In India, China, Brazil and Africa, downtown streets are flooded with imitation articles like Adidas
sneakers, Rolex watches, Ferrari jeans and the like at throw away prices. The Houghton Mifflin
Publisher came to know that counterfeit textbooks are being published in India for world distri-
bution (Ferrell et al., 2003, p. 257).
A study suggests that the original innovators must make suitable changes in the products to make
imitation practically difficult (Gupta and Wang, 2007).
416 Business Ethics and Corporate Governance
and create unemployment. They bring down the wages to the minimum and practice what is
known as race to the bottom. This is unfair to the uneducated labour force at the bottom.
Critics maintain that MNCs exploit the labour markets of host countries.
● In many cases, they work in collusion with the local government and hire and fire labourers
whenever they want. In this way, in Myanmar, they used forced labourers to complete some
national projects (Waldman, 2002)
● MNCs also exploit the capital markets of the host countries. Their huge borrowing leaves
the capital market empty, and local capitalists cannot borrow from these markets.
● MNCs do not share the cost of social development in the host country.
● MNCs create many negative externalities while carrying on production in less developed
countries. However, they do not internalise the bad effects and do not pay any compen-
sation.
● Some consumers’ products produced by MNCs for the less developed countries do not contain
the label for consumers’ safety and warnings. The Bhopal gas tragedy in India and Nestle’s
marketing of powdered milk in Africa and Firestone tyre crisis in Venezuela pose questions
on the safety standard and controls by MNCs.
● MNCs have also been found to be associated with illegal lay-offs, corporate crimes, exerting
political influences in many countries (Ghosh, 1985). They have also been found guilty of
supporting the racial regime of the then South Africa.
● MNCs are said to have a control over their core technology which is never transferred.
● MNCs, very often, exert considerable influence on a country’s capital market and limit
the local government’s ability to access capital and resources. This process intensifies the
dependency of the less developed countries on developed countries.
● They also, through many types of scholarships, fellowships and grants, lure away the stock of
high quality workforce from the developing countries. This phenomenon is often termed as
Ethics and International Business 417
skill drain or brain drain. This hampers the development process of the less developed
countries.
● The above discussion does not intend to blame MNCs across the board. We cannot deny
some important and beneficial roles that MNCs have been making in developing countries. In
this respect, the contributions of Nike, Cadbury, Patagonia and many others are undoubtedly
praiseworthy.
of heads up and down may mean different things to different countries. In Albania, it means
“no” but in USA, it means “yes”.
● Religious taboos may also prove to be dangerous at times in the context of international
business. For instance, a Hindu trader may feel offended when he is offered beef preparation
for a dinner in a Muslim country.
● The perception of time is also not the same in different countries. American firms put more
values on promptness but Indian firms approach the concept of time in a relaxed way (Ferrell,
et al. 2003, p. 240).
● The cultural value of one’s own country may not be suitable for another country where one
is doing business and the imposition of the cultural standard of the domestic country will
tantamount to cultural imperialism which may not work at all in IB. The Americanization or
what is called the McDonaldisation of culture has evinced a lot of protests from the cultural
fundamentalists in many less developed countries (Ritzer, 2004). So, a further extension of
business in this front needs to be done with more care and circumspection.
● Another form of ethical dilemma is the acceptance of the principle, “when in Rome do as
the Romans do”. In doing so, a businessman may be going against his moral standard or the
established law and may even be committing some moral vices. Thus, if a Muslim business
executive is asked to take wine in USA, and he drinks for the sake of business, he will not be
able to excuse himself for the moral lapse if he is a staunch Muslim. Thus, cultural relativism
may involve dilemmas in IB.
In many cases of IB, the basic problem is to resolve the ethical dilemmas. The global legal or
regulatory standards are not so problematic as the ethical and cultural dilemmas. For instance,
supposing laws in the host country are silent, in such a case, is it ethically rational to charge high
prices for a monopoly product, or to resort to dumping, to exploit labour or to take advantage of the
loopholes of laws? These are all ethical issues. Since these issues are crucial in IB, many organiza-
tions and institutions have formulated ethical values, codes and principles that can be followed by
business people for conducting international business. These will be discussed in the last section of
this chapter. It is now imperative to know a few Dos and Don’ts in IB.
418 Business Ethics and Corporate Governance
modes of ethical decision-making in IB. George Enderle (see Donaldson, 1989) talks about the
first four methods given below. The last one is put forward by Donaldson.
1. The method of Ethical Relativism: The idea is to follow the ethical norm of the host
country.
2. Imperialistic method: In this case, the firm applies its domestic ethical standards and
norms.
3. A method of compromise: This involves the solution of an ethical issue on the basis of shared
values of the home and host countries. The best solution is the one that brings a win-win
situation for both the parties.
4. Cosmopolitan global method: In this case, the company follows the international/global
standard. It does not bother about the host or home country standard.
5. Donaldson’s hyper-norms method: According to this method, for a good decision-making it
is imperative to follow some universal absolutist norms consisting of some fundamental rights
and duties. There are various such rights like human rights, right to personal security, right to
have freedom, right to equality, and so on.
Having said all this, it is instructive to note that a good ethical decision-making should also take
into account the universal ethical values, company mission/vision and professional ethics. A good
international company should also care for economic responsibility of making a reasonable amount
of profit, environmental responsibility of keeping it clean and social responsibility of enhancing the
social welfare of host country people. These triple bottom lines are increasingly becoming popular
among successful international business houses.
● Express our support for universal human rights and, particularly, those of our employees,
the communities within which we operate, and parties with whom we do business.
● Promote equal opportunity for our employees at all levels of the company with respect to
issues such as colour, race, gender, age, ethnicity or religious beliefs, and operate without
unacceptable worker treatment such as the exploitation of children, physical punishment,
female abuse, involuntary servitude or other forms of abuse.
● Respect our employees’ voluntary freedom of association.
● Compensate our employees so as to enable them to meet at least their basic needs and
provide the opportunity to improve their skill and capability in order to raise their social and
economic opportunities.
● Provide a safe and healthy workplace; protect human health and the environment and
promote sustainable development
● Promote a fair competition including respect for intellectual and other property rights, and
not offer, pay or accept bribes.
● Work with governments and communities in which we do business to improve the quality
of life in those communities – their educational, cultural, economic and social well-being and
seek to provide training and opportunities for workers from disadvantaged backgrounds.
● Promote the application of these principles by those with whom we do business.
Human Rights
1. Business should support and respect the protection of internationally proclaimed human
rights.
2. Companies make sure that they have no complicity in human rights abuses.
Labour Standards
3. Business should uphold the freedom of association and the effective recognition of the right
to collective bargaining.
422 Business Ethics and Corporate Governance
Environment
7. Business should support a precautionary approach to environment challenges.
8. Undertake initiatives to promote greater environmental responsibility, and
9. Encourage the development and diffusion of environment-friendly technologies.
Anti-corruption
10. Business should work against corruptions in all its forms including extortion and bribery.
The Global Compact is a voluntary initiative, but is has become popular amongst international
business companies. More than 700 international companies have become its members and are
doing well.
Apart from these three well-known principles and international codes there are some other values
and codes of conduct formulated by many researchers and analysts. In this context, the following
Ten principles suggested by DeGeorge will be briefly enumerated (DeGeorge, 1993, pp. 114-21).
immorality.
● Use the rule of proportionality. This means that the punishment should be proportional to
strategy.
● Act with moral courage based on your values, ethical principles and morality.
● Do not violate your norms and values and never use unethical means to win over a
situation.
● Use your moral imagination (or inner voice) while responding to an unethical
opponent.
● Work jointly with others to create new social, legal and public institutions to respond to
on international businesses, and some of these business houses are preparing their own core values
that can prevent future ethical dilemmas and cross-cultural conflicts. These companies need to
perform some balancing actions that will satisfy the local norms, universal international values, the
business norms and the personal ethical standards.
The real problem remains in the operation or implementation of different types of values in
actual practice and there may arise ethical conflicts because some operational terms do not have the
same connotations. For instance, liberalization, globalization or democracy means different things
to different people. Virtues like honesty and sincerity are adored by all but their implementation
becomes problematic because their meanings may vary when contextualised under different situa-
tions or cultures. To cite just one example, pride is a great virtue in a Greek society but not in India.
A reconciliatory approach to decision-making is indeed pretty difficult in practice at the interna-
tional level mainly because of the fact that cultures and values are inherently different in essence.
However, there is still some hope in the sense that there appears to be some agreement on the need
for a set of core values for successful international business.
Summary
Success in international business needs proper direction, aim and focus. It requires proper planning
for products, places, prices and presentation. In the days of globalization since the 1980s, most of
the companies are going global and virtually there is now the end of geography. Several factors are
responsible for the unprecedented growth of international business in the present century. Most of
these factors are associated with the growth of globalization. Globalization stands for unification and
integration of many factors the totality of which is immensely useful for the growth of international
business. Many factors and forces including the unprecedented expansion of trade, capital mobility,
technological development, expansion of knowledge, expansion of communication facilities, possi-
bilities of outsourcing of men and materials have helped to expand international business.
However, there are many unethical practices in international business. None is very sure whether
or not these practices are the causes or the effects of globalization, nor can one vouch for the fact
that these practices are all brought about by MNCs in different countries. But in varying degrees,
these unethical practices are still continuing. Some of these practices are: human rights violation,
bribery and kickbacks, prevalence of racial and gender discrimination, the use of child labour,
selling of harmful products, dumping, violation of intellectual property rights and environmental
pollution. Some of the MNCs, no doubt, are engaged in unethical business practices.
There are many types of dilemmas in IB. A serious dilemma in IB is the cultural dichotomy. The
culture of the domestic country of the businessman may not be the same as that of the host country.
For instance, the social and business cultures in India and Saudi Arabia are not the same. There
are indeed many cross-country differences in terms of religious taboos, body language and cultural
perspectives. There is a tendency of some countries to impose their culture on other countries
(cultural imperialism). However, the business people have to make a compromise in many instances
and accept the truth-value of cultural relativism. They follow the dictum: when in Rome, do as the
Romans do.
424 Business Ethics and Corporate Governance
In many cases of IB, the basic problem is to resolve the ethical dilemmas. The global, legal or
regulatory standards are not so problematic as the ethical and cultural dilemmas. For instance,
suppose laws in the host country are silent, in such a case, is it ethically rational to charge high
prices for a monopoly product, or to resort to dumping, to exploit labour or to take advantage of the
loopholes of laws? These are all ethical issues. Since these issues are crucial in IB, many organiza-
tions and institutions have formulated ethical values, codes and principles that can be followed by
business people for conducting international business.
In this context, seven principles have been formulated by the Roundtable Conference at Caux in
Switzerland (Caux principles), eight principles are developed by Leon Sullivan of General Motors,
ten principles formulated by the UN and ten principles of IB by DeGeorge.
Needless to say, many international companies are now trying to understand the implications
of these codes and principles and are showing more response and interest in global social respon-
sibilities in carrying on international businesses, and some of these business houses are preparing
their own core values that can prevent future ethical dilemmas and cross-cultural conflicts. These
companies need to perform some balancing actions that will satisfy the local norms, universal inter-
national values, the business norms and the personal ethical standards.
Key Terms
Cultural Imperialism Flat World Gouging
Cultural Relativism Brain Drain Dumping
Tiger Economies Sullivan Principles Compact Principles
International Demonstration Caux Principles Nash Equilibrium
Effect Triple Bottom Lines Ethical Displacement
Horizontal Convergence Win-Win Situation
(vii) The GC was formed under the initiative of the then UN secretary General, Dr. Manmohan
Singh, in July 2000.
(viii) The Caux roundtable principles were adopted in 1986 and were first published in 1996.
(ix) The perception of time is also the same in different countries.
(x) MNCs transfer jobs from high wage to low wage countries.
2. Fill in the blanks
(i) According to Friedman, _____________ stands for unification and integration of many
factors the totality of which is immensely useful for the growth of international business.
(ii) _____________ is still regarded as the engine of growth.
(iii) International _____________ effect has intensified the demand for foreign commodities
and branded products.
(iv) Prices are increased through monopolisation and _____________.
(v) The many types of scholarships, fellowships and grants, lure away the stock of high
quality workforce from developing countries. This phenomenon is often termed as
_____________.
(vi) A serious dilemma in International Business is the _____________.
(vii) The Americanisation or what is called the _____________ has evinced a lot of protests
from cultural fundamentalists in many countries.
(viii) In _____________ Relativism, the idea is to follow the ethical norm of the host country.
(ix) CRP can be otherwise expanded as _____________.
(x) The _____________ is an international forum which works under the aegis of the United
Nations.
3. Choose the correct option
(i) Officially, which organization does not allow bribe giving to foreign firms in the US?
(a) United States’ Foreign Corrupt Practices Act (FCPA)
(b) The MRTP Act
(c) Both (a) and (b)
(d) None of these
(ii) A study by has revealed that bribery payments are estimated to be $ 1 trillion in the
world?
(a) Adam Smith (b) Karl Marx
(c) Max Weber (d) Keston Joan
(iii) Which theory is becoming a reality now in less developed countries?
(a) The Schumpeterian theory of innovation
(b) Marxian theory
(c) Both (a) and (b)
(d) None of these
(iv) JIT can be otherwise known as:
(a) Just in Theory (b) Job in Time
(c) Job in Theory (d) Just in Time
426 Business Ethics and Corporate Governance
(v) What is known as a situation where very high prices are charged from customers, may be
for a limited period of time?
(a) Gouging (b) Zipping
(c) Zapping (d) None of these
(vi) What involves the solution of an ethical issue on the basis of shared values of the home
and host countries?
(a) Cosmopolitan global method (b) A method of compromise
(c) Both (a) and (b) (d) None of these
(vii) According to which method, for a good decision-making it is imperative to follow some
universal absolutist norms consisting of some fundamental rights and duties?
(a) Cosmopolitan global method (b) A method of compromise
(c) Donaldson’s Hyper-norms method (d) None of these
(viii) The Caux Roundtable Conference was held in:
(a) Germany (b) Switzerland
(c) India (d) America
(ix) Living and working together for mutual advantages, in Japanese, is called:
(a) Seiri (b) Shitsuke
(c) Kyosei (d) None of these
(x) How many principles are there in the Global Compact?
(a) 20 (b) 12
(c) 8 (d) 10
Review Questions
1. Enumerate the important reasons for the rapid growth international trade and business in
recent years.
2. What are the evil effects of MNCs in developing countries?
3. Enumerate the major ethical issues in international business practices.
4. What ethical dilemmas a businessman faces in conducting international business? Suggest
some ways and means to make ethical decisions in the context of these dilemmas.
5. What international guidelines, codes and principles can help a businessman to conduct
business in an international environment?
6. What important factors will you keep in mind in doing global business?
7. Supposing there are cross-cultural conflicts, how do you propose to carry on international
business?
Web Links
1. http://www.eurojournals.com/irjfe_26_08.pdf
[Globalization and International Marketing Ethics Problems]
2. http://www.aabri.com/manuscripts/09279.pdf
[International Business Ethics: Strategies and Responsibilities]
Ethics and International Business 427
3. http://www.c2principles.org/Fireworks/The%20Caux%20Round%20Table%20
Principles%20for%20Business.pdf [The Caux Round Table Principles for Business]
4. http://en.wikipedia.org/wiki/Sullivan_Principles [Sullivan Principles]
5. http://www.greenleaf-publishing.com/content/pdfs/jcc11kell.pdf [The Global Compact]
References
DeGeorge, R. (1993), Competing with Integrity, Oxford University Press, New York
Donaldson, T. (1989), The Ethics of International Business, Oxford University Press, New York
Ferrell, O.C. et al. (2003), Business Ethics: A Case Perspective, Cengage Learning, Delhi
Friedman, Thomas (2005), The World is Flat: A Brief History of the Twenty-First Century, Farrar,
Straus and Giroux, USA
Ghosh, B.N. (2004), Economic Development: Principles, Practice and Policy, Wisdom House,
UK
Ghosh, B.N. (1985), Political Economy of Neocolonialism in Third World Countries, Sterling
Publishers, Delhi.
Gupta, A.K. and Wan, Haiyan (2007), “Business Insight: How to Get China and India,” Wall Street
Journal, Eastern Edition, April 28
Keston, Joan (2007), “Doing Business Overseas? Let us Talk about Corruption”, Local
Techwire.com
Ritzer, G. (2004), The McDonaldization of Society, Pine Forge Press, California
Transparency International (2005), “Global Corruption Barometer 2005”, http://www.transparency.
org/policy
Waldman, Peter (2002), “Unocal to Face Trial over Links to Forced Labor”, Wall Street Journal,
June 13
Weiss, J. W. (2009), Business Ethics: Concepts and Cases, Cengage Learning, Delhi
Cases
1. Jesus Forgives the Immoral Woman
2. China’s One-Family, One-Dog Policy
3. Students Protest Over Fees Hike
4. High-Handedness of Microfinance Institutions
5. Muslim Women and Divorce Laws
6. Paid News Scandal and Unethical Journalism
7. Adarsh Housing Society Scam
8. Endosulphan and the Kasargod Tragedy
9. Outsourcing Students’ Homework at Low Costs
10. The Gita: Some Ethical Issues
11. A Story of Love, Revenge and Remorse
12. Is Mercy Killing Unethical?
13. Secrets of Credit Card Theft
14. Is There Full Religious Freedom in India?
15. The Impact of the WTO
16. Economic Growth and Income Inequality
17. Democracy, Development and Labour Market Reforms
18. Nestle’s Infant Formula Controversy
19. Labour Market Dynmaics of the Arab World
20. Empowerment of Women in India
21. Ethical Dilemma of a Police Officer
22. Child Sex Trade in Asia
23. Second Freedom Movement against Corruption in India
24. Globalization and Human Health
25. Globalization: Some Ethical Issues
Cases 431
“I do not condemn you either, go in peace. But do not indulge in sin anymore”. She left him with
a peaceful new heart, and reassured of a new hope in life that Jesus gave.
Jesus came to this world for preaching love, peace and forgiveness. Christianity is the religion of
redemption and reform. Jesus was a reformer and his aim was to show the correct way, reveal the
truth and give new lives to the people. He was of the opinion that one should hate the sin but not the
sinner. In all his actions, Jesus followed this noble ideology.
Source: Contributed by Ms. Shruthi Francis, Union Christian College, Kerala
Questions
1. Why did Jesus save the woman in spite of her guilt? Was it ethically proper for a person like
Jesus to save her? Explain your views.
2. Justify the actions of Jesus in terms of principle of care ethics.
3. Why Jesus did not listen to the request of the mob to stone the woman to death as per the Law
of Moses?
“The rule is unfair and just doesn’t make any sense”, Shanghai resident Jessie Zheng, who owns
a 7-year-old Pomeranian, told The Hindu over telephone. “The only valid argument is the question
of limited space in Shanghai. But if homes are big enough, there should be no issue. And most
importantly, this is a question for families to decide, not the government”.
The only silver lining for dog owners like Ms. Zheng is that the draft law brings down the high
registration costs pet owners currently face. In China, dogs have to be registered with the local
government—a license costs around 2,000 Yuan (Rs. 14,000). As a result of the high costs, most
dog owners do not register their pets (and only walk them at night). According to official figures,
Shanghai has 800,000 dogs, though only a quarter are registered.
The One Dog Policy, expected to take effect next year (2011), ironically comes into force just as
the city begins moving away from the One Child Policy. Faced with an ageing problem, the Chinese
Government last year began encouraging couples who are both only-children to have a second
child. Ms. Zheng, an only child, said the One Dog Policy was unfair on humanitarian grounds too.
She said, “Dogs need dog-friends too”. It is pointed out by many that, like the policy of one child,
one family, the policy on dogs is a also not going to be a sustainable policy.
Source: Adapted from The Hindu. November 12, 2010
Questions
1. Why is one-dog policy unfair on humanitarian ground?
2. What are the basic objectives of China’s one-family, one-dog policy?
3. Analyse the possible consequences of such a policy.
“It was all peaceful – they were just shouting but now there are hundreds outside, smashing
the windows, big eight foot windows of the tower have been smashed, there’s glass flying every-
where”, said Sky TV as protesters threw sticks, bottles and other missiles. Speaking before the
public, Mr. Porter said the proposed increase in tuition fee and cuts in education funding were
“utterly unacceptable”. “We are taking to the streets in unprecedented numbers to tell politicians
that enough is enough”, he said accusing the government of abdicating its responsibility. In the
Commons, Liberal Democrat leader and Deputy Prime Minister Nick Clegg was involved in angry
exchanges with the opposition Labour Party over the proposed fee increase. Mr. Clegg who opposed
tuition fee in opposition was accused of opportunistic u-turn for supporting the increase.
For the second time in two weeks, Britain was hit by a wave of angry student protests marked
by clashes with police and sporadic incidents of violence. They were protesting against proposed
cuts in higher education funding and increase in university tuition fees. In London, demonstrators
vandalized a police van, hurled wooden poles, bottles and other missiles as they tried to break
through police barriers around Whitehall, where government offices are located. At one stage,
tension amounted as students lit a fire on the road leading to Downing Street and threw fire-bombs.
Two police officers were injured while several arrests were made.
Effigies of the Liberal Democrat leader and Deputy Prime Minister Nick Clegg were burnt to
show their anger against his “U-turn” on his election promise to oppose the tuition fee increase.
There were plans to demonstrate outside the Lib Dem headquarters but police were reportedly
determined not to allow a repeat of what happened two weeks ago when students attacked the
Conservative Party headquarters. “There is a consensus to prevent further criminal damage and we
will look to disperse anyone being held as soon as we can and when we can to ensure no further
criminal damage will be committed elsewhere,” police said in a statement. Invoking the “Spirit of
the 1968 protests”, organizers warned of an “unprecedented wave of students “occupied” university
campuses and staged “sit-ins” in many parts of the country.
Some of Britain’s most famous universities, including Oxford and Cambridge, were affected with
students taking out marches and protesting outside government buildings. Leader of the National
Union Students Aaron Porter said he was opposed to any violence. “There are no conditions in
which violence is acceptable. We saw a couple of weeks ago the anger that students had with regard
to the government’s proposals and tomorrow is another opportunity for students to show what they
think about those proposals. From my perspective I think it’s really important that the campaign
continues its momentum and we continue to hold the government to account,” he said. The protest
is still continuing and no solution is in the offing.
Source: Adapted from The Hindu, November 11 and 25, 2010
Questions
1. Is it morally right to make a violent protest against fee hike? Explain your views.
2. Do you think that such a fee hikes are justified? Explain.
3. Is it a moral issue or a political issue in Britain now?
Cases 435
Questions
1. What are the major problems in the microfinance institutions in India?
2. Are the actions of microfinance institutions morally justified?
3. What remedial measures, you think, are necessary to eliminate the problems?
Questions
1. What are the major ethical issues involved in talaq (divorce)?
2. Is this process of talaq justified by Islamic laws?
3. Do you think that the Muslim women are discriminated? Explain your views.
While delivering the Keynote address, P. Sainath, Rural Affairs Editor of The Hindu, said that the
paid news scandal, unearthed during the Assembly elections in Maharashtra last year, had exposed a
full-fledged industry that was out to integrate journalism into it, blowing apart all values, principles
and ethics of news writing.
Mr. Sainath observed that, “For the corporate world, everything including the news is a
commodity. With newspaper space purchased for publicity in the garb of news, politicians break the
electoral expenditure limit without inviting action, and the media evade tax and develop a political
cloud”. He regretted that even as statutory bodies, such as the Press Council on India (PCI) and the
Election Commission, had initiated a probe into the scandal, the mainstream media was still silent
on the issue. “This is a matter of shame. It exposes the corporate media which has blacked out the
racket”.
It is sometimes believed that the media have “structural compulsions to lie” because of heavy
investments made by them in the market. The Election Commission had created a paid news
and money power division and the Central Board of Direct Taxes had deputed a senior officer to
look into the matter, he said. The Securities and Exchange Board of India (SEBI) is also closely
monitoring the new trend. “The choice is clear. Either we finish paid news, or paid news finishes
us”, said the journalist, making a reference to the PCI “suppressing” a 72-page report of a two
member sub-committee on the subject identifying the perpetrators of the crime. Mr. Sainath said
the PCI, as the moral guardian of journalism, was expected to take a bold stand on the issue. He
said while the media’s independence was at stake in the country, the suicide of 2 lakh farmers in
Maharashtra, Karnataka, Andhra Pradesh, Madhya Pradesh and Chhattisgarh between 1997 and
2008 received very little coverage in the mainstream media. “Evidently, the media universe has
changed”, he observed.
Painful Struggle
In order to make media reporting true, comprehensive and balanced, it will be necessary to take
steps going beyond self-regulation, such as anti-monopoly legislation, mandatory SEBI guidelines
and democratization of media. He also sought citizens’ support to the progressive sections of media
and creation of an increased public space in the media. Speakers in other sessions highlighted
instances of attempts to curb freedom of expression, the state and big business interests exploiting
the media, extremist groups silencing the voice of criticism and curbs imposed by the media houses
on the professional life of their staffers.
Source: Adapted from The Hindu, November 15, 2010
Questions
1. What is paid journalism scam?
2. Is it morally right to have a system of paid news? If not, why not?
3. How does it violate the principles of journalistic ethics?
Cases 439
was initiated. As new skeletons fall out each day, the stench is getting nauseating. How long will the
Defence Ministry remain tightlipped? How long will the housing society remain ‘Adarsh’?
Source: Adapted from The Week, November 14, 2010
Questions
1. Explain the basic ethical issues involved in Adarsh Housing Scam?
2. Who do you think is morally responsible: the distributor of flats, the receiver of flats or
anybody else? Explain.
3. How do you propose to solve the situation and punish the guilty?
Questions
1. Explain the adverse health impact of Endosulphan spray?
2. Who is to be morally blamed and why?
3. How do you propose to compensate the victims?
Cases 441
Questions
1. When the outsourcing of students’ home assignments makes all parties happy, why it is
considered as immoral? Explain.
2. Under what ethical principles, such outsourcing becomes immoral?
3. How, according to you, the situation can be tackled forever?
442 Cases
Questions
1. Is it ethically right for Lord Krishna to persuade Arjuna to fight a battle with his close relatives?
Explain.
2. They say to forgive is divine. Is it not ethically more graceful to forgive the wrong-doers,
particularly when they are your close relatives? Give your views in terms of the ethics of care
and compassion.
3. Lord Krishna asks Arjuna to give up all religions. Does it not mean that the Gita is an anti-
religious book, and teaches people to be atheist? Elucidate your point of view.
Cases 443
Biren now stays with a family as a paying guest. His wife, Rima, stays alone in her house and the
son who is a senior civil servant, visits her occasionally. He did not approve of her mother’s cheating
on his father. Mira’s husband is now almost a normal person, and they now live together. However,
she never told her husband about her relationship with Biren. She never loved her husband. She still
loves Biren and hopes to be united in the next life.
Rima now hates Biren and she says she has taken revenge by making him a pauper. Biren feels
that he is completely misunderstood; he never married anybody and still loves Rima as ever before.
He made several attempts to make a compromise but Rima is a stubborn lady. Biren only wishes
that before taking all drastic actions, Rima, who has stayed with him for thirty years, should have
just spent thirty minutes to discuss the whole issue and the rumour. Mira is lonely with her husband;
Rima is alone and Biren is forlorn and dejected feeling occasionally sad, remorse and guilt in his
mind. Who is at fault?
Source: B.N. Ghosh, A Collection of Short Stories (Unpublished)
Questions
1. Who is the guiltiest character in this episode?
2. Why did Rima take the revenge? Do you think that the forgery she committed is morally
right?
3. What is your opinion about the character of Mira? Where is she ethically wrong?
A history was made by the Supreme Court again in 2009 when it admitted a petition filed on
behalf of Mumbai nurse Aruna Shanbaug, now 62, who has been lying in a semi-comatose state
since 1973 after she was raped and strangled by a hospital employee. In many countries, voluntary
euthanasia is legal such as in the Netherlands, Switzerland, Belgium, Luxembourg and in the
US states of Oregon and Washington. In Australia, euthanasia was legalized temporarily in the
Northern Territory in 1997. Since then, there have been 12 attempts to legalize euthanasia in
Australian state parliaments, all of which have failed. England and Wales are taking the first step
to consider passing a law on assisted dying. According to a recent online news report in the British
Medical Journal, a 12-member commission will consider if such a law is required, and submit
a report in October next year. Assisted dying involves a doctor prescribing a life-ending dose of
medication to a mentally competent, terminally ill adult at his request. It is the patient who admin-
isters the medication himself.
Some countries are trying to legalize assisted dying. Assisted dying is very different from eutha-
nasia. In the case of euthanasia, the life-ending medication is administered to the patient by a
third party, usually a doctor. On the other hand, assisted dying refers to providing assistance to
someone to die. Former Lord Chancellor Charles Falconer, who will head the commission, was
reported as saying to the BMP that the idea for the commission came from Dignity in Dying, a
national campaign and member organization that is striving to make this legal. Money for the
commission was raised by Dignity in Dying. Despite this, Lord Falconer has made it explicitly
clear that the members will act independently and that the commission will not be influenced by
anybody. Currently, it is illegal in England for doctors to help terminally-ill and mentally competent
patients to die. While terminally-ill people can travel to Switzerland and resort to assisted dying,
people in England who had helped the patient to travel to Switzerland can be punished. Apparently,
Lord Falconer had tabled an amendment in the House of Lords to provide legal protection to those
who had helped terminally-ill patients to travel abroad for an assisted dying. His attempt failed,
though.
Switzerland is not the only country that has legalized assisted dying. The State of Oregon in the
U.S. was the first in the world to legislate assisted dying way back in 1997. Citizens there had voted
for the “Oregon’s Death with Dignity Act” in 1994, but immediate implementation was delayed due
to legal hurdles. There have been 460 patients in Oregon who had died by taking advantage of the
Act between 1998 and 2009.
In the New England Journal of Medicine, it is reported that there were totally 23 patients who
received legal prescriptions for lethal medications between January 1, 1998 and December 31, 1998
in the State of Oregon. Of the 23, only 15 patients actually took the lethal medications and ended
their lives. Washington State emulated Oregon and voted for assisted dying in November 2008.
Eleven people used prescribed medicines to end their lives within six months after the State law
permitted assisted dying. Three countries—Belgium, Luxembourg, and the Netherlands have legis-
lated assisted dying. Voluntary euthanasia is forbidden in Switzerland. But Article 115 of the Swiss
Penal Code exempts people who assist someone to die, provided they have acted with entirely
honorable motives. France and Spain are looking at the possibility of amending the existing law to
permit assisted dying. The policy of Dignity in Dying is to work towards legalizing assisted dying so
that terminally-ill patients have a choice and control over the timing and manner of their deaths.
446 Cases
“The dying person (adult) suffering at the end of their life, will be given the option to substitute
a bad death with a good death,” its website states. There are some basic requirements for a patient
to become eligible to receive a prescription for lethal medication from a doctor. For instance, the
patient must make two verbal requests to his doctor separated by at least 15 days, and should also
provide a written petition. The doctors should confirm the diagnosis and prognosis of the disease.
The patient should be mentally sound. If the patient’s judgment is impaired by his mental state,
even depression, he becomes ineligible. The doctor should inform the patient of the possible alter-
natives such as palliative care, pain control and et al. However, is it ethically correct?
Source: Reader’s Digest, October 2010 and The Hindu, November 28, 2010
Questions
1. Explain the meaning of mercy killing and why it is done.
2. What do you think should be the conditions for assisted dying? What is the difference between
mercy killing and assisted dying?
3. How do you propose to eliminate abuses of such laws as mercy killing/assisted dying?
Visa or Master Card? Can you read me back that number?” It’s unbelievable how much they’ll tell
me.
I should give you thanks for using your debit card instead of your credit card. Hackers are
constantly breaking into retail databases, and debit cards give me direct access to your bank account.
(Why, if you used only a credit card you could contest the charge and refuse to pay up.) I love that
new credit card that the courier boy left at your door. I write down the numbers and put it back.
Then your card is as good as mine.
Source: Reader’s Digest, October 2010
Questions
1. How is credit card theft made possible?
2. Is there any difference between the procedures of credit card theft and debit card theft?
3. What precautions should one take to pre-empt such thefts?
The report praised the Andhra Pradesh government for allocating approximately $5.89 million
for the Andhra Pradesh Christian Finance Corporation; the Gujarat High Court for directing the
State government to resolve the issue of restoring mosques and dargahs destroyed or damaged
during 2002 Gujarat riots; the Central Government for announcing an increase of $32 million to the
National Minorities Development Finance Corporation for finding programs for minority welfare.
Overall the national government, led by the United Progressive Alliance, continued to implement
an inclusive and secular platform, the report said.
Source: Adapted from The Hindu, November 19, 2010
Questions
1. Cite some incidents in which religious freedom of minorities in India has been curtailed.
2. There are anti-conversion laws in some Indian states. Do you think that such type of law is
ethical?
3. What should the Government of India do to ensure full religious freedom to minorities?
Since the prices of agricultural products have become lower in the international market, Indian
farm product exporters have become much poorer. This has led to widespread protests, frustration
and even farmer’s suicides. The growing economic problem has now become a human problem. In
Indian, agricultural exports as a percentage of total exports went down from 30.7 (1980–81) to 19.4
(1990–91) to 15.4 (1999–2000) to 13.5 (2000–2001). The situation is quite opposite of what was
expected. The large amount of imports has created two adverse problems: export-import imbalance
and fall in the prices of domestic food products. Although exports went up by 83 per cent, the
import of agricultural products in India escalated to 168 per cent. This export-import imbalance in
India has been responsible for a structural adjustment that led to lower compound rates of growth
of food grains production in India. There has grown some sort of apathy towards the agricultural
sector as it is not remunerative any longer. Kulaks are shifting to other business in the non-agricul-
tural sector; city-ward migration has been increasing and, employment in agriculture, mining and
quarrying, and community and personal services has indeed decelerated.
Source: B.N. Ghosh, A Tale of Two Economies: Development Dynamics of India and China, Nova
Publications, New York, 2009
Questions
1. India’s experience with the WTO is not a happy one Explain why.
2. What do you think will be the likely impact of China’s entry in the WTO?
3. How has Indian agriculture been affected by the WTO’s policy? Explain.
A paradigm shift in the production process from labour-intensive (lower value added) to capital
(technology)-intensive (higher value added) mode of production made the unskilled labourers, who
are generally from the low-paid working class, alienated and rejected in the labour market. This
was evident in Malaysia, South Korea, China and Singapore. The small-size of the economy of
Singapore could ensure full employment of the labour force although at a relatively low level of
income, but higher human capital investment by the elite class was responsible for wider gaps in
wages and salaries. This was also true for the Malaysian economy where the pay difference between
ordinary workers and skilled (professional) workers were much higher in the 1990s and the early
years of the new century (almost ten times) than what it was in the 1960s and 1970. Moreover,
some countries like South Korea, Singapore and Malaysia imported qualified labour from abroad,
and it adversely impacted on the wage and employment of local labour. Various types of structural
adjustments needed by these economies for achieving higher rates of economic growth were not
in favour of the poorer class, and these intensified income inequalities. In China and South Korea,
the vertical growth of big industrial conglomerates led to concentration of wealth and growth of
monopoly power in a few hands. The returns to assets and land became abnormally high, and the
income inequalities between the owners and non-owners of assets became wider and wider.
In Hong Kong, politico-economic reasons compelled the movement of labour-intensive manufac-
turing operation to China. The policy of deindustrialization reduced labour demand and wages.
The structural transformation trivialized the importance of the manufacturing sector in Hong Kong
and the working force had to fall back mostly upon the low-paid services sector. It needs to be
appreciated that services occupations in less developed countries, unlike in developed countries,
are poverty and low-income induced. As a result of the occupational shift in Hong Kong in favour
of low-paid tertiary jobs, labour force participation rate appreciably fell and labour income was
reduced. The income inequalities were aggravated as an offshoot. However, in Taiwan, the restruc-
turing in the manufacturing sector was not much against the interest of the working class as there
was more or less a balance between industrial and services employment. But since structural
adjustment led to declining manufacturing employment, some labourers lost more lucrative jobs,
and income inequalities increased, albeit to a moderate degree. The policy of egalitarianism which
is the fundamental basis of the development philosophy of Taiwan is perhaps responsible for a
moderate upswing in income inequalities.
Source: B.N. Ghosh, A Tale of Two Economies, Nova Science Publications, New York, 2009
Questions
1. How does capitalist industrialization lead to the aggravation of income inequality? Explain
the process.
2. Analyse the reasons for the growth of income inequalities in the newly emerging economies
in recent years.
3. Is the growth of income inequality ethically bad? Give your views.
Cases 451
Questions
1. Indian labour is highly sensitive and potentially violent. Do you agree with this statement?
Give reasons for your answer.
452 Cases
2. Why is the capitalist principle of hiring and firing of labour is not applicable in India?
Explain.
3. What do you mean by labour market reforms? Why are such reforms not possible in India?
Explain.
Questions
1. What was the controversy about Nestle’s baby food formula?
2. Why was Nestle alone singled out for this offence while many others were producing the
same type of product?
3. How was the case settled by the company?
probable gains in gender employment and FLFPR(Female Labour Force Participation Rate), one
should place side by side the negative effects of open wars, civil wars and sanctions, which are
being experienced by countries like Iraq, Algeria, Lebanon, Sudan, West Bank and the Gaza Strip.
The ILO study predicts that during 2003–2015 the labour force in the MENA region will grow at
the annual rate of 2.6 per cent per year, bringing in four million new work force every year into the
labour market. What is critical for the absorption of this labour force is the high rate of growth of
these economies. But the bad news is that for so many years, these economies have been growing
at the rate of only around four per cent per year. None can reasonably expect that this rate will
suddenly jack up, and unless economic growth spurts significantly, the labour market dynamics
for the Arab women is likely to be hovering around the status quo ante. However, there seems
to be a silver lining. In the MENA region, only about one third of the labour force gets regular
employment, and the unemployed women workers constitute a huge untapped resource that can
be used for boosting productivity and the tempo of economic growth, only if the labour market
discrimination and socio-cultural tradition against the women are eliminated, and the employment
maximization policy of the native labour force, both male and female, is accepted as the top priority
on the time table of action programmes.
Source: B.N. Ghosh, “Gender Disparities and Labour Market Dynamics in the Middle East”,
Unpublished Paper, 2010
Questions
1. Many structural changes are taking place in the Arabian labour market. Elaborate on this.
2. Is there any labour market discrimination against Arabian women? Explain
3. Islamization and arabization will have different impact on the female labour force. Explain
why?
feminism as an emancipator project as well as a vantage point of women liberation. On the contrary
it focuses on the differences and specificities existing among various sections of women in various
parts of the world. This paradigm underscores the inherent and accomplished differences among
women as well as the heterogeneity of women as a group. This estimation has encouraged in taking
up specific local problems by specific and indigenous groups of activist to operate individually and
as autonomous groups. Maitrayee Mukhpadhya emphasized that women in India did not constitute
a homogenous group and thus the problem they faced in development, varied in degree and kind
along with the variation in class and community background. It is true that women in India do
not constitute a homogeneous group and suffer from multiple maladies most of which are located
in their specific and particular domain and its eradication or relief lies only in a comprehensive
understanding of that particular locale and its frailties. The tribal women, the women of street,
middle-class women competing with each other in the status ladder, upper-class women fighting
for individual autonomy and poor and illiterate rural and urban women striving for economic and
social autonomy provides various juxtaposing and paradoxical realities uncommon to any encap-
sulating grouping.
Shabana Azmi and late Protima Bedi’s fervent pleas for individuality of women, Medha Patkar
and Vandana Shiva’s ecofeminism, Vina Majumdar and Neera Desai’s erudite social feminism,
Indira Gandhi and Sarojini Naidu’s feminist activism as well as Sushmita Sen and Aishwarya
Rai’s cosmetic feminism has very little to do with millions of women fighting for individual and
just human rights across the labyrinth of lane and by lane of vast landscape of Indian peninsula.
Therefore it is imperative and essential to have definite trajectories and strategies to solve typical
and archetypal problems of separate and by and large autonomous women groups.
In this context, one must strive to understand the benefits and limitations of indexes of women
empowerment largely proposed by United Nations Development Programme (UNDP)’s Human
Development Index (HDI) which uses Gender Empowerment Index (GEI) to measure Gender
Development Index (GDI). Considering the difference in the degree and kind regarding to the male
responsibility and attitude in India and life styles, life worlds and worldviews of men in India one
ought to take a symbiotic perspective of men-women relationship and feminism. The concept of
empowerment needs to be interpreted and understood within the strict parameter of these competing
realities. Empowerment is defined as the strategy and policy of enabling the underprivileged for
participating in the process of decision-making.
The process of empowerment has three dimensions namely economic, social and political.
Economic empowerment refers to the policy rather the adoption of affirmative and protecting
strategy in providing economic and employment opportunities to women. But this seems very
difficult in India considering the rate of unemployment, gigantic population strength and low
per capita income as well as over increasing income disparity graph despite the boom in the IT
industry and fat forex (foreign exchange) reserve in the aftermath of liberalization. Poverty and
unemployment continues to trouble Indian planners and experts day in and day out and it automati-
cally rules out and sustained freebies for women in employment and economic opportunities that
will jeopardize the ongoing economic development programs. Political empowerment of women
has been introduced in India since early 90’s in the form of decentralization of power and in
the program of power to people. The Panchayati Raj and Nagarpalika Bill incorporated in the
78th and 79th Constitutional amendment has given a new lease of life to many a women across the
456 Cases
country, paving the way for their participation in decision-making and political development of
the nation. Though the result has not been as encouraging as it should be in terms of qualitative
change in attitude and aptitude of men and women at least it has opened new vistas and doors for
a new beginning. It has been a silent revolution. Now, the question comes of social empowerment
that is the empowerment of women in social sphere where they spend most of their time. Social
empowerment refers to the enshrinement of the principles of equality, equity and dignity in social
relationships particularly in gender relationships. This is an attempt to engender the society about
gender relationship and this should be achieved not through the legislation but through the inner
realization and gradual change of mind. This attitudinal change and change of perspectives towards
our social counterparts is possible only when a holistic transformation of life and worldviews are
necessarily changed. Efforts should be made in the direction of including these perceptual changes
in the perspective of social praxis.
The problem with this paradigm is that the slightest possibility of attitudinal change is trampled
by the leviathan patriarchal social order. Even the traditional instruments and agents of change like
education have miserably failed in arresting and eradicating these structural malaises. Education
system (both traditional and modern) is in fact infested by a powerful approach, which has meticu-
lously propagated both covertly and overtly a sense of difference and inferiority between the two
sexes. It stems from the sinister and faculty belief that gender differences are natural corollary of
their between differences. Therefore, there is an urgent need to transform the pedagogical practices
and direct it towards a positive goal. We must ensure proper and quality education for our future
generation and present genre through various techniques and end the existing impasse over the
role and position of women in society, their condition and competencies, their rights and responsi-
bilities.
Source: B.N. Ghosh and Parvesh Chopra (Eds.), Gender and Development, Wisdom House, 2002
Questions
1. The concept of universal feminism is practically futile. Why?
2. Discuss the benefits and limitations of HDI, GDI and GEI.
3. What are the different gender empowerments in India? Explain why gender empowerment has
not been successful in India?
to let anyone escape. Many, the terrorists as well, were seriously injured. The injured terrorists were
the only source that helped Mr.Mathew to find out the mastermind behind this attack.
Mr.Mathew had his entire mind and efforts on this investigation, and using all possible evidences,
traced the terror-leader from Thane, a township near Mumbai. He did not wait, and made the arrest
of the devil, named Shera. Suddenly Mr. Mathew became the talk of the town. The heart of India
was with him, and he became an icon in the police department and media as well. He felt relieved
after the arrest of Shera, as this fellow was a threat to the nation in coming days.
From the very moment of attack on Taj, Mathew had been away from home. His wife and,
daughter Keya, were awaiting his arrival any moment after the arrest of Shera. Their glowing faces
expressed how proud they were to have him as the man of their home. Mrs. Mathew told Keya, the
chatterbox, not to disturb dad for the moment and instead get ready for school. He looked almost
exhausted, after a week’s hectic job. Keya being a very sensible girl, told dad, “I have lot of things
to tell you. My friends and teachers are praising you to the sky’s limits, and I am so proud of you
dad”. Telling this, she waved her hands and moved away to the school van that just arrived.
Mrs. Mathew served him some breakfast, when he reached the table after bath. He had his
food, and went to sleep. How long he slept he couldn’t recall. His sleep was interrupted when his
panicked wife handed the phone over to him. A serious voice from the other end penetrated his
soul with the words which no father wants to listen to. “Look! Your daughter Keya is with us, don’t
worry, she is perfectly all right”. The word of assurance transformed into threat later as follows;
“Our mind may change if you ignored what we tell next”.
“Think practically. We want our Shera back. We are not concerned about the other members at
the hospital. We need Shera, as Keya is to you”. He answered nothing, since he felt a big blank or
void ahead. The other end interrupted his silence “You want Keya, we want Shera; so think, think
practically, don’t be over-smart; we will call you in the evening” Thus ended the first episode of his
nightmare. Although not a single word was uttered by Mathew, his wife could read every line of
conversation from his panicked face. With a loud cry she fainted. Mathew laid her on the bed.
He stared at his uniform. His thoughts wandering to the days he became an IPS officer. He
recalled how confident he was in that uniform. It was a dress that assured protection to the fellows
around him. His wife, a proud young woman during their marriage, now lay down helpless. “No!
My family must be safe, and should never suffer because of this uniform”.
At this stage, the police officer confronted with an ethical dilemma in his mind. One the one
hand, there is the call for duties and on the other, there is the responsibility of safety of the family
in accordance with the ethical principle of care and compassion. Which one he should choose?
His eyes wandering through the showcase got hooked on the medals he received and the pictures
of excellent service awards with people around respectfully gazing at him. Suddenly he could see
millions of citizens looking helplessly at him through those photos. “No! I can’t release Shera, the
Lucifer is going to kill many innocent people from my nation”.
His wife turned to the side and started crying again. “Keya, my child! Keya, where are you?” His
face blushed and a ray of sympathy looking at his wife flushed the eyes already red after sleepless
nights, and the anger against the terrorist. No doubt, he was in utter dilemma.
Once again his eyes gazed at the photos on the wall; the Police force marching and saluting the
minister with him standing nearby at the Republic Day parade where thousands of excited Indians
watching him receiving best service medal form the President. His eyes stopped moving further
458 Cases
when watching the smiling face of Mahatma Gandhi. He felt a sort of assurance about what he has
decided. He put on the uniform, and nodded at his guard, and in seconds, his vehicle moved to the
head quarters. The busy traffic gave way to his vehicle that moved forward with a strong decision
that nobody could stop.
Source: Contributed by Ms. Shruthi Francis of Union Christian College, Kerala
Questions
1. What is an ethical dilemma? What ethical dilemma is involved in this case?
2. How did the Police Commissioner solve his dilemma? Why did he choose not to release the
terrorist? Justify his decision in terms of ethical principles (deonticism and utilitarianism).
3. Do you think that the Police Commissioner took the right step by neglecting the ethics of
care?
● Widespread corruption
It is the strong belief of some people that sex with children, and especially with virgins, because
they believe that it will bring them good health, long life and good luck. In many parts of India,
where daughters are often seen as a liability by their families, it’s easy for the sex trade to thrive.
Cases 459
“Parents are tricked into giving their children to traffickers. Uncles and brothers sell them,” explains
Roma Debabrata, trustee, Stopindia, a Delhi-based NGO who rescues child victims and women.
India is the pathway for children being trafficked from Nepal and Bangladesh to neighbouring
countries and the Gulf region. The Ministry of Home Affairs estimates that 90 percent of India’s
sex trafficking is internal. A 2003 study done by the Institute of Social Sciences, Delhi, the National
Human Rights Commission (NHRC) and UNIFEM, the United National Development Fund for
Women, showed that the maximum number of sex workers under 16 were found in Bihar’s brothels,
while the largest number of Indian brothel owners obtained women and girls from Andhra Pradesh.
NHRC reports that abusers in India generally face little risk of arrest: “Insufficient or adequate
laws, poor enforcement, ineffective penalties and minimal chances of prosecution, all play a role in
perpetuating trafficking.”
An organization in Sri Lanka, known as South Asia Partnership International (SAPI) states that
“managers of guest houses provide tourists with anyone they ask for. The most wanted are young
girls and boys.” Maureen Seneviratne, who runs Protecting Environment and Children Everywhere,
(PEACE), estimates that in the areas where her Colombo-based NGO works, up to 6000 children
are being forced to work as prostitutes at any given time. In the recent years, few paedophiles have
been arrested and prosecuted. The situation in Thailand is a little better. Thailand now has laws
protecting all children from exploitation. In reality, however, Thai Children have received greater
protection, while the trafficking of children in neighbouring countries continues unabated.
How can the outrageous situation of child sex trade be eliminated? In this context, Chutikul, a
former Thai cabinet minister who now works as chairperson of the government’s Sub-Committee
on Combating Trafficking in Children and Women observes that,
“Three Ps and three Rs are the key elements in the fight against trafficking”. The three Ps are:
Prosecution, Protection and Prevention; the three Rs are: Rescue, Repatriation and Recovery.
However, the progress in this matter is not satisfactory. This is so because such trafficking is
transnational and without active regional cooperation, nothing substantial can be expected to be
achieved.
Source: Adapted from Reader’s Digest, New Delhi, September 2007
Questions
1. Explain the three important reasons that are responsible for child sex trade in Asia.
2. Discuss magnitude of the problem of child sex trade in Asia.
3. What remedies do you propose to eliminate the child sex trade?
roads, dirt and filth strewn all over the city. The foreign press and the Indian media wrote off the
CWG, citing Indian inefficiency to host a major sporting event. The loathsome pictures flashed on
BBC website and gleefully reprinted by the Indian media were meant to show that India lives only
in gutters. No one questioned whether this kind of reporting was the erstwhile empire’s way of
striking back? For nearly six weeks, we ground our noses in muck and filth and looked gleefully
at the CWG as ‘Corruption Wealth Games’ played in a Hall of Shame. Passively, we accepted the
sobriquet ‘corrupt’ for ourselves and painted our shame in all its stains! India- bashing had reached
an incredible proportion.
When we thought we had arrived at the nadir, the Indian jugaad came into play. The stains faded
away and India preened itself on ceremonial hosting, graduating with honours at the end of an
11-day extravaganza. Our athletes lifted the Indian morale to show that all is not lost in corruption
and India still can shine. As the Indian flag went up 101 times, the graph peaked higher on the
Y-axis. But even before the victory bugle sounded the last post, the first post was heard to mark the
start of the investigations. The euphoria of the nation’s sporting success did not last even 24 hours
as reports about the Games scam amounting to a staggering Rs. 8,000 crore started coming in.
With the graph rapidly descending into a bottomless pit, India shaming eclipsed India’s momentary
hours of shining.
Worse was to follow. The Adarsh scam showed how former defence officers were defenceless
before greed and graft. The spectrum scam put all the rest in the shade! Is it possible to retrieve
the graph after its hellish descent into the dark vaults of shame? The famed Indian jugaad now
pejoratively stands for Indian ingenuity for corruption. One should be an outright optimist or be
gifted with self-delusion to affirm that the CVC, the CAG, and the CBI put together can erase
the odium of corruption! Let us admit that there is a distinct malaise—an insatiable greed for
money—afflicting our society. The vulgar display of riches and the glamorous lifestyle of the ultra
rich picturized daily on page 3 of our newspapers and on TV screens are the sources of vaulting
ambition among the middle class to become instant-rich by any means. The media which are aware
of their reach and influence present a picture larger than life, shirking their responsibility to provide
their audience a broad sociological, psychological and truthful understanding of all issues.
The efforts of our policymakers to liberalize our economy and bring about egalitarian capitalism
have not yielded the expected dividends; on the contrary, they have unshared in crony capitalism
among many of the corporate biggies and inflected the middle class to dream big and seek unhealthy
satiation through graft and corruption. The politicians have gained the most by their (ab)use of
power and a clever distribution of largesse to those select few who can return their favours in equal
measure. To live and let live is their mantras the politicians package humanity into politics, but not
politics into humanity. How to regain our honour and dignity in the world polity? Can we return
the graph up on its axis once more? Our only hope rests on the middle class that has always been
the backbone of our society. Gandhiji during the freedom movement mobilized the middle class
to sacrifice its dependence on the colonial masters. Today, we need a second freedom movement
against corruption. The middle class should sacrifice its greed that is far greater now than before and
build a corruption-free society that values the elegance of a life of simplicity. Can India shaming
turn into India shining? Only if the middle class rises and says, “yes, we can”.
Source: Adapted from Hema Raghavan’s article in The Hindu, November 28, 2010
Cases 461
Questions
1. What are the large scams and scandals that affected India in the last quarter of 2010?
2. What are the basic reasons of corruption in India? How can we regain our lost honour and
dignity?
3. Do you think that a second freedom movement will be necessary to fight against corruption?
(Contd.)
7. Environment degradation through excessive Increased tempo of air, water and soil pollution
rate of industrialization and Urbanization, affecting human health in various ways.
through harmful industries and vehicular
traffic
8. Increased rate of global warming, climate Produces respiratory disorder, less production
change, ozone depletion and green house of food and fibre because of natural disasters.
gasses
9. Food and financial crises and increased Human health indirectly affected.intensified
frequencies of recession. unemployment, poverty, malnutrition and under
nutrition.
10. Pauperization of state/local governments Reduced spending on public health services.
due to loss of income arising out of liberal- Private sector-dominated health care market
ization and increased indebtedness in and and the working of drug MNCs have escalated
outside the country prices and inequalities in the distribution of
health goods and services.
Although globalization has reduced the world into a virtual workshop, the occupational safety is
not yet introduced at the factory level in many countries. Over 500 million of the three billion global
workers are from India, and it should take initiatives to introduce occupational safety measures
at workplaces where they are absent. The main concern of the WHO is to focus on small and
medium scale industries and unorganized industries where ordinary workers and women labourers
are not given any protection. The WHO emphasizes that each and every country must evolve its
own cohesive national plan to promote occupational health. The office of the WHO in the Southeast
Asian region disclosed that about 2.2 million lives are lost every year because of work-related
accidents and the largest number is from Southeast Asia (The Hindu, September 20, 2007). In India,
only one per cent of fatal accidents and 0.1 per cent of non-fatal accidents are reported to the ILO.
Under-reporting means that less importance is accorded to the issue; it also implies that factory
managers want to play safe and do not like to tarnish the image of those industries/factories to avoid
public criticism and legal actions in many cases. Work-related human problems in factories and
firms are either suppressed or minimized in private sector industries and in privatized firms.
Source: B.N. Ghosh, Rich Doctors and Poor Patients, Wisdom House, UK, 2010
Questions
1. How does globalization affect human health? Explain the mechanism.
2. Globalization goes against the poor working class. Do you agree? Explain your views.
3. Suggest some ways and means to reduce the adverse impact of globalization on human
health.
Cases 463
Finally, the capitalist-free market principle propagated through globalization is not able to
eradicate crises. As a matter of fact, a capitalist economy is prone to have periodic recessions and
crisis. Evidently, the inflow of capital in the absence of well-regulated and well-disciplined capital
markets may create havoc on LDCs. The Asia crisis in the Nineties of the last century is a case in
point. Nevertheless, under such a situation, global players can bring home their capital safe or even
with some speculative profit but domestic economies of the affected countries are in peril.
All these will shoe that globalization is likely to give rise to unequal competition between DCs
and LDCs where the latter would be adversely affected. Thus, it would be better for LDCs not to
be carried away by the western slogan of globalization. It would be necessary to slowly open up
their economies for deregulation and liberalization. Behind the philosophy of globalization are
the immense possibilities of exploitation of cheap and innocuous resources of LDCs: high quality
workforce, skilled and semi-skilled labour, natural resources and the environment of LDCs which
are priced much lower than the average world market price in such countries. The race to the
bottom goes hand in hand with globalization.
It is necessary at this stage of world development for LDCs to be more selective in their choice
of capital inflow, to impose some sort of tax on speculative capital movement, to restrict the outflow
of physical capital and high quality workforce, to raise the labour standard, to fix decent minimum
wages in collaboration with the ILO, and improve the capabilities of human being through appro-
priate entitlements and empowerment policies. Globalization, after all, is a neo-colonialist strategy
devised to extract surplus by the West from the Rest.
Source: B.N. Ghosh, Managerial Economics and Business Decisions, Ane Books, Delhi, 2010
Questions
1. Why is globalization unethical? Explain.
2. How does globalization discriminate against the Third World countries?
3. How is globalization working against the developing economies?
Glossary
Capitalism: An economic system where the capitalist owns the means of production, exploits
labour, generates surplus value and gradually increases the capital intensity in production to
make the system more competitive, and everything is regulated by the market forces of supply
and demand.
Categorical Imperatives: According to Kant, categorical imperatives are some categorical ethical
acts which must clear two tests. First, a person’s reasons for acting in a particular way should
be the reason which will induce others to act exactly in the same way (universalizability), and
second, you should perform your duty on others in such a way that you will like others to
perform their duties on you in exactly the same way (reversibility).
Causality: The process of discovering the cause-effect relationship of a phenomenon.
Caveat Emptor: This means that buyers should beware. It is their responsibility to choose the right
product. The sellers cannot be held responsible.
Charvaka Philosophy: The philosophy of gross hedonism which teaches that the best life is the
life of sensual pleasure: eat, drink and be merry.
Clause 49: Provides certain conditions for companies which want to be listed with the stock
exchange. Such companies have to follow the SEBI’s stipulations.
Cognitive Disequilibrium: It occurs when one does not understand the behaviour of another group
in relation to his own group. In the situation of cognitive disequilibrium, one feels the need to
pass on to another stage of moral development, as Kohlberg maintains.
Competitive Advantage: A factor (or a group of factors) that allows a company to produce at the
cheapest rate compared to the cost of production of other producers of the same product.
Compliance: Acting on the basis of given mandatory directions and instructions.
Concept: A term or an idea having specific meaning in a particular context.
Consciousness: A quality of being aware of something within oneself.
Consumers’ Sovereignty: This implies that consumers are the kings. They decide what to produce
and their choice is the basis of all productions under capitalism.
Cooperative Conflict: A situation where the purpose of the conflict is to improve the overall
condition. For instance, a conflict in a family is a cooperative conflict.
Corporate Citizenship: The recognition of consistently good, morally commendable and socially
responsible works of a corporate body.
Corporate Governance: It is a system of directing and controlling business corporations through
certain well-organised rules and regulations.
Cosmology: A branch of metaphysics that deals with the nature of the universe. It also may mean
the study of the natural order of the universe.
Cost-Benefit Analysis: An analysis based on a comparative study of all costs and all benefits. In
general, a decision is taken in favour of the project which yields net benefit over costs.
Culture: It is the totality of shared beliefs, attitudes and values of a group of people at a particular
place and time.
Customization: It implies the design and development of a product that meets the requirement of
a particular class or type of customers.
Cultural Imperialism: A situation where a person (or a company) considers his own culture as
superior and imposes it on others.
Glossary 467
Deism: The doctrine that accepts the existence of a supreme power or creator, and also the belief
in natural religion.
Demonstration Effect: The effect that is produced in the matter of consumption or habit by
imitating others.
Deontic Philosophy: A doctrine popularized by Kant. It says that it is most important to perform
one’s own duties first.
Determinism: A theory or doctrine that tells that the occurrence of a phenomenon is causally deter-
mined by some antecedents, preceding events or natural laws.
Dialectic: A logical process of reasoning that explains the involved history, relations, growth,
evolution and future of a phenomenon based on the thesis, anti-thesis and synthesis. This is
used extensively in the Hegelian philosophy.
Disinvestment: Reduction in investment by selling the whole or a part of the existing project. It is
a sort of negative investment.
Dumping: It is the practice of exporting goods to another country at a price which may be lower
than the cost of production; this is done with the purpose of capturing the market in the
long-run.
Economies of Scope: A situation when a reduction in per unit cost of production is possible by
extending the product lines. For instance, suppose a company has a high reputation in making
one product for children like, baby oil. It can then increase the scope of its activities by also
producing baby shampoo, baby massage oil and so on. The increase in scope reduces the per
unit cost of production.
Egoism: The ethical theory that considers self-interest as the basis of all morality.
Engineering Efficiency: A situation where fewer inputs are used to produce an output.
Enlightened Capitalism: A type of capitalism which is motivated by the feeling of doing something
good to the society and the working class.
Enlightened Self-interest: It is not complete self-interest but some feeling for the social devel-
opment that induces a person to do good works.
Epicurean (Hedonist): A person who believes that sensual pleasure is the best ideal to be achieved,
and therefore, practices it.
Epistemology: The study of beliefs and knowledge.
Essence: The most crucial and characteristically significant dimension of an object or substance.
Ethics: The study of what is right or good human conduct. It is also regarded as the science of
moral judgment.
Ethical Absolutism: The idea that although ethical questions are basically relative in essence,
yet there are some ethical issues or principles which are universally true. For instance, truth,
kindness, honesty etc. are everywhere adored and taught as the correct ethical principles. It is
in this sense, that some ethical principles can be regarded as absolute.
Ethical Audit: It is a system of audit that studies the business system, its, structures, procedures
and policies to assess whether or not the system is complying with the standard that it has
publicly declared.
Ethical Base and Superstructure: A situation where everything fundamentally based on an ethical
foundation and the superstructure built on it has also an ethical basis.
468 Glossary
Ethical Dialectics: It is an interrelated dimension of ethical dilemma which can explain ethical
conflicts and their nature and ontology.
Ethical Dichotomy: The use of two types of ethical standards—on may be personal and the other
may be organizational, or one may be international and the other may be local.
Ethical Dilemma: A mental state, where a person is unable to decide as to which alternative out of
the two should be chosen.
Ethical Displacement: A technique of solving ethical dilemmas by searching for clarification and
solution at a higher than the personal level.
Ethical Dualism: A practice where a firm is sometimes behaves ethically and sometimes their
actions turn out to be unethical.
Ethical Intensity: The importance or relevance of an ethical issue to the decision-maker or to the
organization.
Ethical Multiplier: The effect of an ethical or unethical act has a cascading effect that spreads over
a wider area and also continues for a long time.
Ethical Relativism: The theory that the same standard or principles of ethics are not universally
applicable.
Ethical Pluralism: It is an attempt to integrate all the theories and principles of ethics to explain
fully a particular situation or phenomenon.
Ethical Syllogism: It is the logical process of drawing conclusions from the two given propositions
which are ethically and empirically correct.
Externality: External influence which may be good or bad.
Fatalism: The view that everything that is happening in human life is due to karma done in the past
or has been done now. The reward and punishment are predestined and cannot be changed by
human beings.
First Cause: The self-created ultimate source of all being and the beginning of series of causes
which are correlated with God.
Four Critical Principles of Ethics: These are—ego-based principle (or psychological principle),
rule-based principle (such as categorical imperatives), end-based principle (like consequen-
tialism or utilitarianism) and care-based principle. The last one is the golden rule of ethics.
Free Rider: A person who enjoys a public good without making any payment.
Gini Coefficient: A method of measurement of inequality, where the value lies between zero and
one. The higher the value of the coefficient, the greater is the inequality.
Globalization: A global movement that seeks to unify habit, culture, technology, method of
production and behaviour in all the areas of life including business and trade practices in the
world. It is an integrative process and is measured by the total trade/GDP or FDI over GDP
ratio.
Gouging: The practice of charging high prices.
Grey Market: In this market, the players are not from the organized sector but are dealing with
goods which are locally produced and such goods are not very reliable in terms of quality and
durability.
Glossary 469
Gut-Feeling Test: To test the ethicality of an action or decision on the basis of what the mind says
(inner voice).
Halal and Haram: According to Islam, certain things by themselves are impure and should not be
used by Muslims. These are called haram. Some practices are pure and can be used, and they
are called halal goods or practices.
Hedging: It is a method that minimizes the risk of investment under uncertain situation.
Hedonism: A philosophy which believes that sensual pleasure is the best ideal to be achieved, and
therefore, it is practiced.
Heuristic: A problem-solving or exploratory method of research.
Horizontal Convergence: It is said that the process of globalization brings companies, customers,
and countries very close to one another. This process is called horizontal convergence.
Idealism: A theory that ultimate reality lies in a realm that transcends the phenomenon. It also
means that the essential nature of reality lies in consciousness, reason or ideas. In the case of
ethics, these ideas are basically moral ideas.
Ideation: A mental process of forming ideas or thoughts.
Instrumentalism: The doctrine that ideas are instruments of action and that their usefulness
determine their truth value.
Immiserization of the Proletariat: Relative deterioration of the economic conditions of workers.
Immoral: Something (some action) against the principle of morality.
Insider Trading: It is the trading of shares of a company by a person, generally an insider, who has
all the confidential information about the company. This is an illegal activity.
Intermediate Goods: The goods which are used as inputs for the production of final goods.
Intuitionism: It is a metaphysical doctrine that says that it is not the reason but our intuition that
explains the reality of a thing or phenomenon. Gandhi used to call it inner voice. In the case
of ethics or moral philosophy, it is said that human beings have first order disposition to know
what is right and what is wrong.
Karoshi: Over-work and lack of any rest.
Liquidity: It is the readiness of purchasing power. It also means the convenience with which an
asset can be converted into cash. Cash is the most liquid asset.
Logic: The study of reasoning and the ideal method of arguments, thought and analysis.
Market Islam: An evolution of Islamic theological thinking that permits to market certain halal
products to earn income and win the competition. For instance, the use of non-alcoholic
beverage in Muslim countries produced by them.
Materialism: The doctrine that matter is the only reality and determines every relation as in the
analysis of Marxism.
Materialistic Dialectics: It is a condition where historical change or development is explained as
an interaction of material forces. These forces interact with each other and produce a new
system.
Merit Goods: These are goods like education and health, which are very essential for the society.
Hence, the government permits classification of these into different categories to facilitate
their consumption by different sections of the population.
470 Glossary
Meta Ethics: It is the study of the origin and meanings of different ethical concepts and precepts.
Metaphysics: It is the study of not the ideal form or feature but of ultimate reality, and the inter-
relations between mind and matter.
Moral: Ethical or something supported by moral principles.
Nash Equilibrium: It is a set of strategies such that none of the participants in the game can
improve his pay off (gain), given the strategies of other participants. In this type of game, for
each player there is equilibrium from where he will not like to move because this is the best.
Naturalism: The philosophy as enunciated by Adam Smith and others that the whole world is
governed by some natural forces and laws.
Negative Externality: A situation when undesirable external factors produce adverse effects on
health, income, environment or social cost.
Negative Journalism: Presentation of facts in a very crude manner without any decency or ethical
consideration.
Nirvana: A state of mind in Buddhism and Jainism that says that when ignorance is dispelled
by enlightenment and knowledge, the mind attains perfect bliss and happiness and it is not
disturbed by anything. It is a state, where the mind is devoid of desires and achieves mental
equilibrium.
Nivritti: It is the proclivity of mind to refrain from empirical pleasure and enjoyment.
Niyama: It includes purity of thoughts and deeds, contentment, austerity, regular study of sacred
scriptures and a constant awareness and the remembrance of the divine power.
Noumenon: It refers to something which is conceivable but not knowable. According to Kant, a
thing-in-itself is capable of being expressed by thought but cannot be practically experienced.
Thus, in many cases, we can think about something through our mental faculty but not as a
phenomenon in the real world.
Ombudsman: An official whose job is to settle organizational disputes and to give proper guidance
so that such disputes can be avoided.
Ontology: It is the essence of being. It is sometimes interpreted as the nature of a thing.
Opportunity Cost: The cost (value) of relinquished alternatives. It also means the value of an
alternative that is available.
Outsourcing: Getting certain things (functions) done from outside.
Parables of Talents: The Bible cites many parables to show that those who are talented and can
make good use of the resources are rewarded by God. Thus, productive occupations are
exalted.
Pantheism: The doctrine that equates God with all the forces and laws of nature. It also means the
worshipping Gods from different creeds and cultures.
Percolation Effect: A trickling down phenomenon from top to bottom.
Pluralism: The doctrine which holds that there are more than one type of reality and plurality of
entities.
Policy Trade-off: A situation where all policies cannot be implemented at the same time, hence, a
part of a policy is to be sacrificed in order to accept something of an alternative policy.
Polytheism: A system where many types of Gods are worshipped.
Glossary 471
Positivism: A method of study or enquiry that applies objectivity and scientific methods in drawing
conclusions.
Pragmatism: The doctrine that the meaning of an idea must be sought in their practical or real
efficacy.
Pravitti: The tendency to pursue a life of pleasure and enjoyment.
Predatory Pricing: Very level of pricing or penetrating pricing.
Price Rigging: A manipulation to increase or decrease the price level.
Prolegomena: An introduction or preface.
Public Goods: Public goods are those goods which can be simultaneously consumed by all, without
reducing the utility of anyone else, like public roads. It can be consumed without making
immediate direct payment.
Puritanism: A system of belief that says that all callings are divine in nature (including business)
by performing those duties a person can make his life worth living.
Race to the Bottom: A practice encouraged by MNCs to reduce the wage level of low-skilled and
manual workers, particularly in developing countries.
Realism: The philosophical idea that objects of sense perception or cognition exist independently
of the mind. Realism is concerned with facts and reality and not imagination and vision.
Regulatory Capture: A process in which the regulators the law-enforcing agencies are captured
by bribing them.
Reserve Army of Labour: The unemployed labour force is referred to as the reserve army of
labour.
Reverse Discrimination: A process whereby in the name of elimination discrimination against a
class, another class is discriminated for a long time in an unfair manner. Thus, in the name
of removing the discrimination against the low-caste people, the high-caste people may be
unnecessarily penalized by depriving them of certain opportunities in the job market.
Reverse Robinhood Effect: Collection of money immorally or unethically to perform social
responsibilities.
Reverse Utilitarianism: A situation which involves smallest harm or injury to the smallest number
of persons.
Samadhi: It is the final stage of yoga where the mind is completely absorbed in the thoughts of
the object.
Scholasticism: The medieval philosophy that separates speculation from objective reality.
Social Audit: A system of audit that identifies the social performance or responsibilities of a
business firm.
Social Capital: It is a collection of non-human wealth and includes institutions, organizations,
social cooperation and trust.
Social Ostracism: An act of separating a person from the mainstream normal social interactions. It
is a punishment for a person. It is like social boycott.
Soft Skill Development: Development of different dimensions of human personality like speaking,
presenting, walking, dressing and so on.
Spirituality: It is the quest for finding out the real meaning and purpose of life.
472 Glossary
Spread Effect: The impact of an action or a phenomenon is not static confined to a particular place,
but it spreads and circulates.
Subjective: An individual experience being conditioned by personal mental characteristics.
Substance: Ultimate reality that underlies all outward manifestations, structure and change.
Surrogate Advertisement: A situation where a product is not advertised directly but with the help
of something that well-accompany the use of the product. For instance, bottles of whisky are
displayed in a dinner party advertisement.
Sustainable Development: A development which can sustain itself. It is a situation where the
human consumption of the natural capital is much lower than the replenishment capacity. The
cost of development is lower than the benefits of development.
Sweat Shop: A place of production where the working condition is inhuman as there are no basic
facilities like fans, sanitation, pure drinking water and so on.
Teleology: It is the study of end or consequences of a theory or policy.
Theist: A believer in the existence of one God supposed to be the creative source of man.
The Triple Bottom Line: It is a test to know whether or not a company is creating value for its
shareholders and for the society. These triple elements are: social, economic and environ-
mental dimensions.
Top-down Approach: It is a method of decision-making from the highest position (rank) and that
percolates down for implementation.
Transcendental: Beyond the realm and reach of the senses.
Transparency: It refers to openness in dealing without confidentiality.
Universalism: The belief that fundamental business practices and ethics are applicable every-
where.
Utilitarianism: The doctrine saying that a particular action or policy is justified if it brings greatest
happiness to greatest number of people. It is based on the concept of net utility maximi-
zation.
Value-based Management: It is a type of management where human values like honesty, integrity,
reliability, trust etc. are given more importance than anything else.
Voluntarism: The doctrine that will is the most important force for any action, experience in the
real world. It also means the system of doing something based on volition or will.
Whistle Blowing: It is a method public protest to expose the unethical act of management or an
employee.
Window-dressing: A method of manipulation to display wrong things as right. Thus, there may be
window-dressing in the balance sheet to wrongly inflate the value of assets and bring down
liabilities to attract investors.
Win-Win Situation: A situation of interactions of two persons or companies where both the parties
gain.
Yama: It includes fivefold action like non-violence, truth, honesty and so on that regulates the
behaviour with others around a person.
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Index
Accountants 256 British code of advertising practice 225
Ethical dilemmas 257 British Medical Journal 445
Professional ethics 256 Brundtland Commission report 141–142
Acquired mental disposition 25 Buddhism 35, 154
Adarsh housing scam 439 Ethics 154
Advaita Vedanta 158 Four noble truths 155
Pravitti and nivritti 159 Noble eight fold path 155
Aesthetics, definition of 4 Standard and morality 156
Air pollution 132 Buren, Van 215
Allocative efficiency 72 Bureaucracy 89
American business ethics 287 Niskanen model 89
Anderson, Arthur 229 Rent-seeking 90
Anti-conversion legislation 447 Burns, J.M. 266
Antony, A.K. 439 Business decisions ethical models 311
Aquinas, St. Thomas 26, 189 Business ethics characteristics 290
Arab world business ethics 295, 298 Business ethics, definition of 188, 200, 218
Aristotle 13, 25–26, 29, 34–36, 39, 64, 83, 216, Approaches to 196
243–244, 258 Contemporary development 191
Aristotle’s theory of golden mean 34–35 Evolution 189
Asia crisis 464 Five dimensions 192–193
Asian financial crises 407 Five directions 194
Attitudes 24, 29 Importance 195
Components of 24–25 Nature 192
Australian Education Union 441 Need and purpose 194
Azmi, Shabana 455 Objectives/purposes 194
Popular myths 198
Bains, J.S. 74 Relation, with ethics 188
Baker, Lynne Rudder 18 Scope 193
Baran, Paul 174 Sources of 196
Barrie, Matt 441 Business Standard 229
Becker, Gary 336 Butler, Rhett 83
Beliefs 18
Formation of beliefs 19 Calvin 244
Bentham, Jeremy 37, 39 Cambridge University 434
Birla Committee report 381–382 Care 103, 113, 116–117
Birla, Kumara Mangalam 381 Ethical care organizations 115–116
Bowen, Howard 272 Ethics 114–115
Brain drain 236 Ethics of care 103
Brigham University 132 Genesis of care 106–108
British Broadcasting Corporation 136 Types 103–104
480 Index
Occupational Safety and Health Act 235 Rawls, John 63, 308
Oligopoly 76, 79 Reader’s Digest 446–447, 458
Ethical issues 78 Right, definition of 43
Oliver Twist 121, 292 Negative rights 43
One child policy 433 Positive rights 43
Operation Vijay 439 Types 43–44
Organization structure 264 Roosevelt 223
Ethical implications 264 Ross, W.D. 35, 46
Oxford University 434 Seven prima facie duties 46
RTI Act 277
Panchayati Raj 455 Rule of law 86
Parables of talent 189
Patanjali 161 Sachar Committee report 364–366
Patanjali sutra 161 Sainath, P. 438
Eightfold path of Yoga 161 Satyagraha 63
Patkar, Medha 455 Self-help groups 435
Perfect competition 70–72, 79 Sen, Susmita 455
Ethical issues 72–73 Sexual harassment 216–217
Perfect competition market 70, 79 Shakespeare, William 150
484 Index