Archive for December, 2010|Monthly archive page
Business Ethics and the “New York Times” Rule
Filed under: accountability, decision-making, ethics, stakeholders, transparency |
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On Monday, the front page of the New York Times featured at story about financial firms adjusting the timing of bonuses in response to anticipated changes in tax laws. I mention this story not because of the particular ethical issues involved, but because it was featured on the front page of The Times. How would you like your decision-making subject to that kind of scrutiny?
From some perspectives, ethics is simple: “do the right thing.” For others (especially for philosophers like myself) it is incredibly complex, involving an ongoing centuries-old debate between arcane theories like deontology, utilitarianism, social contract theory, virtue theory, and others. In-between, we see lots of bits of ethical wisdom bundled into rules of thumb for ethical decision-making. Some of them are useful, some are misleading.
The one I’d like to discuss briefly today is the so-called “Front Page of the Newspaper” test, or sometimes “The New York Times Rule.” In one of its standard versions, it gets stated this way: “never do anything you wouldn’t want to see reported on the front page of the New York Times.” Some versions have additional qualifiers. Some, for example, say that you shouldn’t do anything you wouldn’t want to see fairly reported on the front page. That qualifier rules out slanted or malicious reporting — there are presumably plenty of fully-justifiable behaviours that we wouldn’t want to see reported in a malicious way, on the front page of the NYT or anywhere else.
The first thing to say about the Newspaper Test is that it probably is a useful heuristic. Asking the question it poses at very least serves as an opportunity to pause and ask yourself whether the action you’re about to take is one that could withstand publicity and scrutiny.
But there are two clear problems with the Newspaper Test.
One problem is that it can seem to serve as an argument against actions that are actually perfectly ethical. John Hooker, in his book Business Ethics as Rational Choice, gives this example: Imagine you’re CEO of a large corporation, and due to tough economic times you’re forced to lay off several thousand employees. Imagine that some of those employees slide into clinical depression. Others become alcoholics and end up beating their children. Lives are ruined. You probably wouldn’t want all of that reported on the front page of the NY Times, but that doesn’t mean your choice was unethical. In fact, Hooker points out, it might have been the least-bad option available. The point here is that sometimes even ethically good decisions are ones that we wouldn’t want publicized, either because their negative consequences are more visible than their positive ones, or because the reasons behind those decisions are reasons that, despite being good reasons, would be difficult or even impossible to explain.
The other problem is that it can seem to condone behaviour that is actually unethical. Most obviously, it can let you go ahead with an unethical plan if you happen either to be either generally insensitive to bad publicity or blind to subtle ethical dimensions of the question at hand. The former possibility is pretty self-explanatory: some people (and some companies) just don’t seem to care what the public thinks of them, or believe themselves to be above all need for accountability. As an example of the latter possibility (ethical blindness), picture a company sending its CEO to Washington on a private jet, with the aim of asking for money, and being utterly oblivious to the idea that the public might find this unseemly. If you don’t recognize, or care, that someone might object to your decision, then conducting the Newspaper Test isn’t going to stop you from doing something you shouldn’t.
The thing to remember about the Newspaper Test is that, like so many other catchy rules of thumb, it is at best a heuristic, and not an algorithm. It doesn’t automatically crank out an answer that is both determinate and correct. What it really is is an ‘intuition pump.’ It is a way to force yourself to ask, as part of a well-rounded ethical decision-making process, whether your decision is one that, in principle, you could defend in public. The hidden strength of the Newspaper Test lies in the notion of accountability, i.e., of having to give reasons for your actions in order to make them understandable to society at large.
Deadly Crashes, “Agency Theory” & the Challenges of Management
Filed under: accountability, complexity, corporations, decision-making, employees, ethics, excuses, governance, management, product safety, quality, risk, technology |
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Sometimes for a corporation to “do the right thing” requires excellent execution of millions of tasks by thousands of employees. It thus requires not just good intentions, but good management skills, too.
For an example, consider the story of the crash of a Concorde supersonic jet a decade ago. The conditions leading up to the crash were complex, but one factor (according to the court) was negligence on the part of an aircraft mechanic. Whether (or to what extent) that mechanic’s employer is responsible for that negligence, and hence at least partly responsible for the crash, is a difficult matter.
Here’s the story Saskya Vandoorne, for CNN: Continental Airlines and mechanic guilty in deadly Concorde crash
The fiery crash that brought down a Concorde supersonic jet in 2000, killing 113 people, was caused partially by the criminal negligence of Continental Airlines and a mechanic who works for the company, a French court ruled Monday.
Continental Airlines was fined 202,000 euros ($268,400) and ordered to pay 1 million euros to Air France, which operated the doomed flight.
Mechanic John Taylor received a fine of 2,000 euros ($2,656) and a 15-month suspended prison sentence for involuntary manslaughter….
I don’t know the details of this story well enough to have any sense of whether the mechanic in this case really did act negligently. But what intrigues me, here, is the issue of corporate culpability. Note the difficulty faced by airline executives who (for the sake of argument) want desperately to achieve 100% efficiency and never, ever to risk anyone’s life. In order to achieve those goals, executives have to organize and motivate hundreds or perhaps thousands of employees. They need to design and administer a chain of command and a set of working conditions (including a system of pay) that is as likely as possible to result in all those employees diligently doing their very best, all of the time. That challenge is the subject of an entire body of political & economic theory known as “agency theory.”
Agency theory and the various mechanisms available to motivate employees in the right direction are things that every well-trained business student knows about, because those are central challenges of managing any corporation, or even any small team. What is recognized too seldom, I think, is just how central a role agency problems play in assessing and responding to ethical challenges in particular.
Four Myths About Business Ethics
Filed under: decision-making, definitions, economics, ethics, government |
Comments (2) Here are four important myths about business ethics. There are surely many myths about business ethics, but these 4 in particular cause trouble, and pose significant challenges for anyone trying to have a productive discussion about right and wrong in the world of business.
Myth #1. “Business ethics” is an oxymoron.
The idea that “business ethics” is somehow a contradiction in terms is based on a serious misunderstanding of what ethics is and what the world of commerce is like. Indeed, it’s much closer to the truth to say that the term “business ethics” expresses a redundancy, since commerce is quite literally impossible without ethics. Every single commercial transaction requires some level of trust, and without a shared commitment to some level ethical behaviour, you simply do not get trust. Indeed, economists are more than ready to point out the huge range of ethical norms that underpin the modern economy and make it run more efficiently.
Myth #2. Ethics is just a matter of opinion.
Again, false. While ethics does of course have something to do with having an opinion, it’s also about having opinions that you can defend to other people. While there certainly are a few really tough moral questions about which we might agree to disagree, we should also recognize that on many ethical issues there are better and worse answers. Poor answers to ethical dilemmas are typically rooted in factual mistakes and logical inconsistencies. We shouldn’t settle for those. We should talk them through. (And, as a I blogged recently, having an opinion doesn’t come to much if you can’t sell that opinion to others.)
Myth #3. There’s no such thing as “business ethics,” because ethics should be the same everywhere.
There are two main reasons why ethics, while essential to business, isn’t just exactly the same in business as it is in other domains of life.
First, business poses special challenges. The enormous productive capacity of corporations and other large organizations also brings the potential to do substantial harm, both to the lives of stakeholders and to the natural environment. So we face questions in the world of commerce that we just don’t face in other parts of our lives. Second, the special social role of business implies a tailor-made set of ethical principles. One of the defining characteristics of business is that it is competitive: companies are naturally driven to do better than others in their field. This kind of behaviour is socially beneficial — consumers benefit when companies compete vigorously to produce a better product, at a better price, than the other guy. In practice, we can really look at business ethics as having two importantly different components. One component consists of the rules needed to civilize a tough, competitive game. This part of business ethics essentially has to do with the norms-and-principles that ought to govern business’s behaviour with regard to outsiders. The other component of business ethics is about the ethical rules that ought to be embodied in relationships within the organization. Here, we do value cooperative behaviour; so managers work hard to shape corporate culture to enable employees to trust each other and to work together toward shared goals. Business is morally complex that way.
Myth #4. Business ethics is just a matter of laws and regulation.
This is not just false, but dangerous. The tendency to confuse ethics and law is tempting, especially in an age in which the business section of the newspaper increasingly refers to “ethics laws” and “ethics regulations.” But we shouldn’t be misled by that short-hand way of speaking. If you think about it for just a minute or two, there are in fact lots of ways in which law and ethics come apart. There are plenty of things that are legal but unethical; and there are also behaviours that are illegal, but arguably ethically OK. The short explanation for the fact that law & ethics don’t overlap perfectly is this: laws are made & enforced by government. But governments can’t be everywhere, and if they could, we wouldn’t want them to be!
These surely aren’t all the myths there are about business ethics. But these strike me as four that are particularly common, particularly troublesome, and particularly clearly wrong.
Ethics as Strategy and Marketing
Ethical decision-making can helpfully be thought of as a matter of strategy and of marketing. This way of framing ethics is, I think, likely to be particularly useful in talking about ethics with either MBA students or business executives.
First it is worth noting that there is of course a cynical sense in which ethics can be a matter of strategy and marketing, and that’s when companies adopt an ethical posture because they see it as a good strategic move or as a smart marketing maneuver. That’s a good topic, but it’s not what I’m talking about here.
What I’m talking about is the sense in which very often, in the world of business, acting on one’s ethical convictions requires that one think in terms of strategy and marketing. An example may help.
Picture yourself working in a team-based work environment. Now imagine that the team decides to adopt a particular course of action, but it is one that you, after careful consideration, sincerely believe to be ethically problematic. OK, so you’re pretty sure you’re right.
Now what?
Well, knowing that you’re right doesn’t do much to change things, at least not automatically.
First comes a strategic decision. You need to choose a strategy, a course of action tailored to the situation. At the most basic level, your first strategic decision is whether to act or not. Maybe you’ll decide that discretion is the better part of valour, and end up holding your tongue. Maybe the issue is too small to be worth rocking the boat. But if the issue is worth pursuing, you’ll need to decide on a strategy for doing so. The thing that makes strategic decision-making difficult is the thing that differentiates strategic decisions from other sorts of decisions, which is that strategic decisions are decisions that need to take into consideration the decision-making of other people or institutions. (The contrast, technically, is with what are called “parametric” decisions, decisions that need only take into account facts about the non-decision-making bits of the world, such as “what is the weather like today?” or “how much money is in my pocket?”) So, in making a strategic decision about whether and how to voice concerns, you will need to think carefully about how other people are behaving, and how they will react to you — in other words, you need to think about what their strategies are likely to be, which is no trivial problem. That is the essence of strategic decision-making.
Next comes a marketing decision. (For practical purposes, the marketing decision might not be separable from the strategic one, but I’ll separate them for discussion purposes here.) Once you’ve decided that your strategy will indeed be to voice your concerns, how will you actually broach the topic? At a team meeting, or by means of quiet discussion with one or more key team members? If you need to seek like-minded allies, who will they be? And what will your sales pitch be? Will you cautiously express moral doubt, or will you pound your fist on a desk and declare the current course of action “unacceptable”? And just what will you be trying to sell the team — a small-but-meaningful shift in course, or a total about-face? The point is that you have not just to arrive at an opinion, but to sell it, too.
What we see here is that ethics is more complicated than simply knowing (or figuring out) the right thing to do.
But what I think we also see here is one more way to connect ethics with issues that managers and MBA students already take seriously. It’s a way of pointing out that ethics is far from the “soft” topic it is often accused of being. As someone with a Ph.D. in philosophy, I know that ethics is far from “soft” because I know a fair bit about the incredibly technical theoretical literature on the topic. But to many in the world of business, ethics is considered soft (while accounting, for example, is hard — firmly rooted in concrete realities). Pointing out that solving practical problems in ethics requires, among other things, solving challenging problems in strategy and marketing is yet another way to attempt rescue ethics from unfortunate perceptions of the topic.
The Business Ethics Blog 