Finance Fundamentally, finance is a social science discipline. The discipline borders
behavioral economics,
sociology,
economics,
accounting and
management. It concerns technical issues such as the mix of debt and
equity,
dividend policy, the evaluation of alternative investment projects,
options,
futures,
swaps, and other
derivatives,
portfolio diversification and many others. Finance is often mistaken by people to be a discipline free from ethical burdens. Finance ethics is overlooked for another reason—issues in finance are often addressed as matters of law rather than ethics.
Finance paradigm Aristotle said, "the end and purpose of the polis is the good life".
Adam Smith characterized the good life in terms of material goods and intellectual and moral excellences of character. Smith, in his
The Wealth of Nations, commented, "All for ourselves, and nothing for other people, seems, in every age of the world, to have been the vile maxim of the masters of mankind." However, a section of economists influenced by the ideology of
neoliberalism interpreted the objective of economics to be the maximization of
economic growth through accelerated
consumption and
production of
goods and services. Neoliberal ideology promoted finance from its position as a component of economics to its core. Proponents of the ideology hold that unrestricted financial flows, if redeemed from the shackles of "financial repressions", best help impoverished nations to grow. The theory holds that open financial systems accelerate economic growth by encouraging foreign capital inflows, thereby enabling higher levels of savings, investment, employment, productivity and "welfare", along with containing corruption. Neoliberals recommended that governments open their financial systems to the global market with minimal regulation over capital flows. The recommendations, however, met with criticisms from various schools of ethical philosophy. Some
pragmatic ethicists found these claims to be unfalsifiable and a priori, although neither of these makes the recommendations false or unethical per se. Raising economic growth to the highest value necessarily means that welfare is subordinate, although advocates dispute this, saying that economic growth provides more welfare than known alternatives. Since history shows that neither regulated nor unregulated firms always behave ethically, neither regime offers an ethical
panacea. Neoliberal recommendations to developing countries to unconditionally open up their economies to transnational finance corporations were fiercely contested by some ethicists. The claim that deregulation and the opening up of economies would reduce corruption was also contested. Dobson observes, "a rational agent is simply one who pursues personal material advantage ad infinitum. In essence, to be rational in finance is to be individualistic, materialistic, and competitive. Business is a game played by individuals, as with all games, the object is to win, and winning is measured in terms solely of material wealth. Within the discipline, this rationality concept is never questioned, and has indeed become the theory-of-the-firm's sine qua non". Financial ethics, is in this view, a mathematical function of shareholder wealth. Such simplifying assumptions were once necessary for the construction of mathematically robust models. However,
signalling theory and
agency theory extended the paradigm to greater realism.
Other issues Fairness in trading practices, trading conditions, financial contracting, sales practices, consultancy services, tax payments, internal audit, external audit and
executive compensation also fall under the umbrella of finance and accounting. Particular corporate ethical/legal abuses include:
creative accounting,
earnings management, misleading financial analysis,
insider trading,
securities fraud,
bribery/kickbacks and
facilitation payments. Outside of corporations,
bucket shops and
forex scams are criminal manipulations of financial markets. Cases include
accounting scandals,
Enron,
WorldCom and
Satyam.
Human resource management Human resource management occupies the sphere of activity of
recruitment selection, orientation,
performance appraisal,
training and development,
industrial relations and
health and safety issues. Business Ethicists differ in their orientation towards labor ethics. Some assess human resource policies according to whether they support an egalitarian workplace and the
dignity of labor. Issues including
employment itself,
privacy, compensation in accord with
comparable worth,
collective bargaining (and/or its opposite) can be seen either as inalienable rights or as negotiable.
Discrimination by age (preferring the
young or the
old),
gender/
sexual harassment,
race,
religion,
disability, weight and attractiveness. A common approach to remedying discrimination is
affirmative action. Once hired, employees have the right to the occasional cost-of-living increases, as well as raises based on merit. Promotions, however, are not a right, and there are often fewer openings than qualified applicants. It may seem unfair if an employee who has been with a company longer is passed over for a promotion, but it is not unethical. It is only unethical if the employer did not give the employee proper consideration or used improper criteria for the promotion. Each employer should know the distinction between what is unethical and what is illegal. If an action is illegal, it is breaking the law, but if an action seems morally incorrect, that is unethical. In the workplace, what is unethical does not mean illegal and should follow the guidelines put in place by OSHA (
Occupational Safety and Health Administration), EEOC (
Equal Employment Opportunity Commission), and other law-binding entities. Potential employees have ethical
obligations to employers, involving intellectual property protection and
whistle-blowing. Employers must consider
workplace safety, which may involve modifying the workplace or providing appropriate training or hazard disclosure. This differentiates based on the location and type of work that is taking place and may require compliance with the standards to protect employees and non-employees under workplace safety. Larger economic issues such as
immigration,
trade policy,
globalization and
trade unionism affect workplaces and have an ethical dimension, but are often beyond the purview of individual companies.
Trade unions Trade unions, for example, may push employers to establish
due process for workers, but may also cause job loss by demanding unsustainable compensation and work rules.
Management strategy Among the many people management strategies that companies employ are a "soft" approach that regards employees as a source of creative energy and participants in workplace decision-making, a "hard" version explicitly focused on control and
Theory Z that emphasizes philosophy, culture and consensus. None ensures ethical behavior. Some studies claim that sustainable success requires a humanely treated and satisfied workforce.
Procurement In the
procurement field, ethical behaviour includes adherence to the principle of fairness, avoidance of preferential treatment, and the elimination of malpractice in relation to suppliers and their workforces. The
Chartered Institute of Procurement & Supply, which provides ethical procurement assessment for its members, notes that "it's important to recognise that being ethical isn't just within the business community, but consumers can also make ethical choices in their buying decisions".
Sales and marketing Marketing ethics came of age only as late as the 1990s. Marketing ethics was approached from ethical perspectives of
virtue or
virtue ethics,
deontology,
consequentialism,
pragmatism and relativism. Ethics in marketing deals with the principles, values and/or ideas by which marketers (and marketing institutions) ought to act. Marketing ethics is also a contested terrain, beyond the previously described issue of potential conflicts between profitability and other concerns. Ethical marketing issues include marketing redundant or dangerous products/services,
transparency about environmental risks, transparency about
product ingredients such as
genetically modified organisms possible health risks,
financial risks, security risks, etc., respect for
consumer privacy and autonomy,
advertising truthfulness and fairness in
pricing & distribution. According to Borgerson and Schroeder (2008), marketing can influence individuals' perceptions of and interactions with other people, implying an ethical responsibility to avoid distorting those perceptions and interactions. Marketing ethics involves pricing practices, including illegal actions such as
price fixing and legal actions, including
price discrimination and
price skimming. Certain promotional activities have drawn fire, including
greenwashing,
bait and switch,
shilling,
viral marketing,
spam (electronic),
pyramid schemes and
multi-level marketing. Advertising has raised objections about
attack ads,
subliminal messages,
sex in advertising and
marketing in schools.
Inter-organizational relationships Scholars in business and management have paid much attention to the ethical issues in the different forms of relationships between organizations such as buyer-supplier relationships, networks,
alliances, or
joint ventures. Drawing in particular on
transaction cost theory and
agency theory, they note the risk of
opportunistic and unethical practices between partners through, for instance, shirking,
poaching, and other deceitful behaviors. In turn, research on inter-organizational relationships has observed the role of formal and informal mechanisms to both prevent unethical practices and mitigate their consequences. It especially discusses the importance of formal contracts and relational norms between partners to manage ethical issues.
Emerging issues Being the most important element of a business, stakeholders' main concern is to determine whether or not the business is behaving ethically or unethically. The business's actions and decisions should be primarily ethical before they become an ethical or even legal issue. "In the case of the government, community, and society, what was merely an ethical issue can become a legal debate and eventually law." Some emerging ethical issues are: •
Corporate environmental responsibility: Businesses' impacts on ecosystemic environments can no longer be neglected and ecosystems' impacts on business activities are becoming more imminent. •
Fairness: The three aspects that motivate people to be fair is equality, optimization, and reciprocity. Fairness is the quality of being just, equitable, and impartial. • Misuse of the company's time and resources: This particular topic may not seem to be a very common one, but it is very important, as it costs a company billions of dollars on a yearly basis. This misuse is from late arrivals, leaving early, long lunch breaks, inappropriate sick days, etc. This has been observed as a major form of misconduct in businesses today. One of the greatest ways employees participate in the misuse of the company's time and resources is by using the company computer for personal use. •
Consumer fraud: There are many different types of fraud, namely, friendly fraud, return fraud, wardrobing, price arbitrage, and returning stolen goods. Fraud is a major unethical practice within businesses that should be paid special attention to. Consumer fraud is when consumers attempt to deceive businesses for their own benefit.
Production This area of business ethics usually deals with the duties of a company to ensure that products and production processes do not needlessly cause harm. Since a few goods and services can be produced and consumed with zero risks, determining the ethical course can be difficult. In some cases, consumers demand products that harm them, such as
tobacco products. Production may have environmental impacts, including
pollution,
habitat destruction and
urban sprawl. The downstream effects of technologies, such as
nuclear power,
genetically modified food and
mobile phones, may not be well understood. While the
precautionary principle may prohibit introducing new technology whose consequences are not fully understood, that principle would have prohibited the newest technology introduced since the
Industrial Revolution. Product testing protocols have been attacked for violating the rights of both
humans and
animals. Some sources that provide information on companies that are environmentally responsible or do not test on animals.
Property The etymological root of property is the
Latin , which refers to 'nature', 'quality', 'one's own', 'special characteristic', 'proper', 'intrinsic', 'inherent', 'regular', 'normal', 'genuine', 'thorough, complete, perfect' etc. The word property is value-loaded and associated with the personal qualities of propriety and respectability, and it also implies questions relating to ownership. A 'proper' person owns and is true to herself or himself, and is thus genuine, perfect and pure.
Modern history of property rights Modern discourse on property emerged by the turn of the 17th century within theological discussions of that time. For instance,
John Locke justified
property rights, saying that God had made "the earth, and all inferior creatures, [in] common to all men". In 1802,
utilitarian Jeremy Bentham stated, "property and law are born together and die together". One argument for property ownership is that it enhances individual liberty by extending the line of non-interference by the state or others around the person. Seen from this perspective, property rights are absolute and property has a special and distinctive character that precedes its legal protection. Blackstone conceptualized property as the "sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe".
Slaves as property During the seventeenth and eighteenth centuries, slavery spread to European colonies, including America, where colonial legislatures defined the legal status of slaves as a form of property. Combined with theological justification, the property was taken to be essentially natural, ordained by God. Property, which later gained meaning as ownership and appeared natural to Locke, Jefferson and to many of the 18th and 19th century intellectuals as land, labor or idea, and property right over slaves had the same
theological and
essentialized justification It was even held that the property in slaves was a sacred right. Wiecek says, "Yet slavery was more clearly and explicitly established under the Constitution than it had been under the Articles". In an 1857 judgment,
US Supreme Court Chief Justice
Roger B. Taney said, "The right of property in a slave is distinctly and expressly affirmed in the Constitution."
Natural right vs social construct Neoliberals hold that private property rights are a non-negotiable natural right. Davies counters with "property is no different from other legal categories in that it is simply a consequence of the significance attached by law to the relationships between legal persons." Singer claims, "Property is a form of power, and the distribution of power is a political problem of the highest order". Rose finds, Property' is only an effect, a construction, of relationships between people, meaning that its objective character is contestable. Persons and things, are 'constituted' or 'fabricated' by legal and other normative techniques." Singer observes, "A private property regime is not, after all, a Hobbesian state of nature; it requires a working legal system that can define, allocate, and enforce property rights." Davis claims that common law theory generally favors the view that "property is not essentially a 'right to a thing', but rather a separable bundle of rights subsisting between persons which may vary according to the context and the object which is at stake". including occupancy, use and enjoyment, and the right to sell, devise, give, or lease all or part of these rights. Custodians of property have obligations as well as rights. Michelman writes, "A property regime thus depends on a great deal of cooperation, trustworthiness, and self-restraint among the people who enjoy it." Menon claims that the autonomous individual, responsible for his/her own existence, is a cultural construct moulded by
Western culture rather than the truth about the
human condition. Penner views property as an "illusion"—a "normative phantasm" without substance. In the neoliberal literature, the property is part of the private side of a public/private dichotomy and acts as a counterweight to state power. Davies counters that "any space may be subject to plural meanings or appropriations which do not necessarily come into conflict". Private property has never been a universal doctrine, although since the end of the Cold War, it has become nearly so. Some societies, e.g., Native American bands, held land, if not all property, in common. When groups came into conflict, the victor often
appropriated the loser's property. The rights paradigm tended to stabilize the distribution of property holdings on the presumption that title had been lawfully acquired. Property does not exist in isolation, and neither do property rights. Bryan claimed that property rights describe relations among people and not just relations between people and things. Singer holds that the idea that owners have no legal obligations to others wrongly supposes that property rights hardly ever conflict with other legally protected interests. Singer continues implying that
legal realists "did not take the character and structure of social relations as an important independent factor in choosing the rules that govern market life". The ethics of property rights begins with recognizing the vacuous nature of the notion of property.
Intellectual property Intellectual property (IP) encompasses expressions of ideas, thoughts, codes, and information. "
Intellectual property rights" (IPR) treat IP as a kind of
real property, subject to analogous protections, rather than as a reproducible good or service. Boldrin and Levine argue that "government does not ordinarily enforce monopolies for producers of other goods. This is because it is widely recognized that a monopoly creates many social costs. Intellectual monopoly is no different in this respect. The question we address is whether it also creates social benefits commensurate with these social costs." International standards relating to intellectual property rights are enforced through the
Agreement on Trade-Related Aspects of Intellectual Property Rights. In the US, IP other than
copyrights is regulated by the
United States Patent and Trademark Office. The
US Constitution included the power to protect intellectual property, empowering the Federal government "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries". Boldrin and Levine see no value in such state-enforced monopolies, stating, "we ordinarily think of innovative monopoly as an
oxymoron. Further, they comment, 'intellectual property' "is not like ordinary property at all, but constitutes a government grant of a costly and dangerous private monopoly over ideas. We show through theory and example that intellectual monopoly is not necessary for innovation and, as a practical matter, is damaging to growth, prosperity, and liberty". The court cases by 39 pharmaceutical companies against
South Africa's 1997 Medicines and Related Substances Control Amendment Act, which intended to provide affordable HIV medicines, have been cited as a harmful effect of patents. One attack on IPR is moral rather than utilitarian, claiming that inventions are mostly a collective, cumulative, path-dependent, social creation and therefore, no one person or firm should be able to monopolize them even for a limited period. The opposing argument is that the benefits of innovation arrive sooner when patents encourage innovators and their investors to increase their commitments. Roderick T. Long, a
libertarian philosopher, argued: Machlup concluded that patents do not have the intended effect of enhancing innovation. Self-declared
anarchist Proudhon, in his 1847 seminal work, noted, "Monopoly is the natural opposite of competition," and continued, "Competition is the vital force which animates the collective being: to destroy it, if such a supposition were possible, would be to kill society." Mindeli and Pipiya argued that the
knowledge economy is an economy of abundance because it relies on the "infinite potential" of knowledge and ideas rather than on the limited resources of natural resources, labor and capital. Allison envisioned an egalitarian distribution of knowledge. Kinsella claimed that IPR create artificial scarcity and reduce equality. Bouckaert wrote, "Natural scarcity is that which follows from the relationship between man and nature. Scarcity is natural when it is possible to conceive of it before any human, institutional, or contractual arrangement. Artificial scarcity, on the other hand, is the outcome of such arrangements. Artificial scarcity can hardly serve as a justification for the legal framework that causes that scarcity. Such an argument would be completely circular. On the contrary, artificial scarcity itself needs a justification". Corporations fund much IP creation and can acquire IP they do not create, to which Menon and others have objected. Andersen claims that IPR has increasingly become an instrument in eroding the public domain. Ethical and legal issues include
patent infringement,
copyright infringement,
trademark infringement,
patent and
copyright misuse,
submarine patents,
biological patents,
patent,
copyright and
trademark trolling,
employee raiding and monopolizing talent,
bioprospecting,
biopiracy and
industrial espionage, and
digital rights management. Notable IP copyright cases include
A&M Records, Inc. v. Napster, Inc.,
Eldred v. Ashcroft, and
Disney's lawsuit against the
Air Pirates. ==International issues==