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41. Business Ethics Journal Review: Volume > 5 > Issue: 2
Theodora Welch, Minh Ly Rawls on the Justice of Corporate Governance
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Abraham Singer argues that Rawlsian theories of justice cannot apply to corporate governance and business ethics. On Singer’s view, Rawls regards business corporations as voluntary associations outside of the basic structure, which is the only site where justice applies. In this comment, we show the importance of Rawlsian theory to central questions of corporate governance. The corporation should be considered part of the basic structure, because it is part of society’s system of productive social cooperation. Rawls' proposal for a property-owning democracy also raises crucial corporate governance issues concerning the proper owners of the firm, and the separation of ownership and control.
42. Business Ethics Journal Review: Volume > 5 > Issue: 3
Jeffery Smith Why Justice Matters for Business Ethics
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In a recent critique of the so-called “market failures approach” (MFA) to business ethics Abraham Singer maintains that business firms have ethical responsibilities to voluntarily restrain their profit-seeking activities in accordance with the demands of justice. While I ultimately share Singer’s intuition that the MFA has overlooked the importance of justice in business ethics, I argue that he has not presented a fully adequate case to explain why justice-related responsibilities should be assigned to business firms. I conclude by offering a brief – and supportive – alternative to his position.
43. Business Ethics Journal Review: Volume > 5 > Issue: 4
William Kline Exploitation and Just Price Theory
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Schleper, Blome, and Wuttke attempt to use just price theory to define exploitation. According to the authors, a competitive market equilibrium defines a just price. When certain asymmetries in bargaining power exist, trading at any lower price constitutes unethical exploitation. I argue that a competitive market equilibrium does not provide a price that could be considered just by their own standards, and thus fails to ground a theory of exploitation.
44. Business Ethics Journal Review: Volume > 5 > Issue: 5
Etye Steinberg The Inapplicability of the Market-Failures Approach in a Non-Ideal World
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Joseph Heath (2014) argues that the contribution of competitive markets to Pareto-efficiency generates moral constraints that apply to business managers. Heath argues that ethical behavior on the part of management consists in avoiding profit-seeking strategies which, under conditions of perfect competition, would decrease Pareto-efficiency. I argue that because (1) such conditions do not obtain; and (2) the most efficient result – under imperfect conditions – is not achieved by satisfying the largest possible set of the remaining conditions; it is (3) impossible to draw any substantive ethical guidelines from Heath’s approach.
45. Business Ethics Journal Review: Volume > 5 > Issue: 6
James Stacey Taylor Semiotic Arguments and Markets in Votes: A Comment on Sparks
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Jacob Sparks has developed a semiotic critique of markets that is based on the fact that “market exchanges express preferences.” He argues that some market transactions will reveal that the purchaser of a market good inappropriately prefers it to a similar non-market good. This avoids Brennan and Jaworski’s criticism that semiotic objections to markets fail as the meaning of market transactions are contingent social facts. I argue that Sparks’ argument is both incomplete and doomed to fail. It can only show that some preferences are morally problematic, not that the transactions that they lead to are immoral.
46. Business Ethics Journal Review: Volume > 5 > Issue: 7
David Ohreen Gaining Perspective on Perspective Taking
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Cojuharenco and Sguera’s study shows that both perspective taking (empathy) and empathic concern (intuitionism) can reduce the acceptability of lying. This critique outlines a number of conceptual difficulties and limitations with their dualistic model. Specifically, they conflate ethical reasoning with perspective taking and empathic concern with intuitionism. Moreover, by limiting moral thinking to these binary options it restricts the ways in which ethical judgements can be made.
47. Business Ethics Journal Review: Volume > 5 > Issue: 8
Jacqueline Boaks, Michael P. Levine How Much Aristotle Is in Levine and Boaks’s Leadership Theory?: Response to Schäfer and Hühn
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While accepting and welcoming our main thesis and project, Schäfer and Hühn’s Commentary on our paper focuses on two main criticisms, both of which seem to us mistaken. The first of these is that our paper falsely argues “that the existing definitions of leadership out there fall short in describing the role of ethics in leadership.” The second seems to be a belief that (i) we claim to be offering an entirely new definition of leadership and misrepresenting its nature because (ii) in the view of Schäfer and Hühn this supposedly new definition “is essentially un-Aristotelian.”
48. Business Ethics Journal Review: Volume > 6 > Issue: 1
Matthew Caulfield The Expressive Functions of Pay
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Jeffrey Moriarty argues that unequal pay for employees who do the same work is not necessarily wrong, but can be wrong if it is discriminatory or deceptive. Moriarty does this in part by stressing that pay should be considered primarily as a price for labor and therefore that our views on price discrimination and unequal pay should mirror each other. In this critique, I argue that Moriarty fails to adequately account for the expressive functions of pay. A pluralist view of pay reveals otherwise overlooked normative concerns regarding pay and cautions against adopting too strong of an analytical connection between price discrimination and unequal pay.
49. Business Ethics Journal Review: Volume > 6 > Issue: 2
Jacob Sparks Can’t Buy Approval: A Response to Taylor
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James Stacey Taylor claims that my argument in “Can’t Buy Me Love” is both incomplete and doomed to fail. I grant some of Taylor’s points, but remind him that semiotic objections to the commodification of certain goods are strongest when we think not about individual market transactions, but about what it means for a society to support the market in question.
50. Business Ethics Journal Review: Volume > 6 > Issue: 3
Abraham Singer Rawls Well That Ends Well: A Response to Welch and Ly
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Welch and Ly register three objections to my argument that the Rawlsian paradigm offers no resources for formulating a normative theory of corporate governance. In this brief response, I note that while I agree with the first of these objection, I don’t think it poses any serious trouble to my argument; the other two objections, on the other hand, I am less convinced by. I then offer two alternative strategies for bringing Rawls to bear on business ethics, which don’t involve trying to apply his principles of justice to the corporation. Finally, I conclude with a reflection on why people are so insistent on talking about Rawls in the first place.
51. Business Ethics Journal Review: Volume > 6 > Issue: 4
Kenneth Silver Do I Think Corporations Should Be Able to Vote Now?
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Many proponents of corporate agency take corporations to be responsible for their conduct, but few take them to merit rights over and above the rights of their members. Hasnas (2016) argues that, given a widely-held view of liberal political theory, corporate agency entails that corporations should have the right to vote. In response, I show that there are problems in appealing to liberal political theory, and that the view of voting Hasnas actually endorses need not be accepted. Should it be, however, the implications go far beyond the right to vote.
52. Business Ethics Journal Review: Volume > 6 > Issue: 5
Eric M. Peterson From Intellectual Courage to Moral Courage
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Comer and Schwartz argue that the business ethics course should aim to cultivate moral courage within our students. Essential to their argument is the use of fictional exemplars of moral courage to motivate our students. I argue that the classroom, even when supplemented by good fiction, is not the right context by which to practice moral courage—the habituation of moral courage requires a context of risk. I suggest a virtue that can be practiced in the classroom—intellectual courage. By aiming at this virtue, we will also get the virtue of moral courage.
53. Business Ethics Journal Review: Volume > 6 > Issue: 6
Jason Brennan, Peter M. Jaworski Come On, Come On, Love Me for the Money: A Critique of Sparks on Brennan and Jaworski
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Jacob Sparks critiques our recent work on commodification by arguing that purchasing love indicates one has defective preferences. We argue A) it is possible to purchase these things without having defective preferences, B) Sparks has not shown that acting such defective preferences is morally wrong, C) that Sparks’ misunderstands the Brennan–Jaworski Thesis, and so has not produced a counterexample to it, and finally D) that when we examine the processes by which love is gifted, it is unclear whether these processes should be preferred.
54. Business Ethics Journal Review: Volume > 6 > Issue: 7
John Hasnas Corporations and Voting: A Response to Kenneth Silver
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In his thoughtful Commentary on my article, “Should Corporations Have the Right to Vote? A Paradox in the Theory of Corporate Moral Agency,” Kenneth Silver incorrectly asserts that I endorse (i) Robert Dahl’s Principle of Affected Interests and (ii) social contract theory. To the extent that Silver’s criticism of my argument is based on the claim that I appeal to either theory as the ground for my claim that corporate moral agency entails a corporate right to vote, it is misguided. I rely only on the Rawlsian equal participation principle that invests those subject to the law with the right to vote. To the extent Silver’s criticism is directed to that assertion, it is on point.
55. Business Ethics Journal Review: Volume > 6 > Issue: 8
Gil Hersch The Irrelevance of Unsuccessful Traders
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Alasdair MacIntyre argues that moral virtues are antithetical to what is required of those who trade in financial markets to succeed. MacIntyre focuses on four virtues and argues that successful traders possess none of them: (i) self-knowledge, (ii) courage, (iii) taking a long-term perspective, and (iv) tying one’s own good with some set of common goods. By contrast, I argue that (i)–(iii) are, in fact, traits of successful traders, regardless of their normative assessment. The last trait – caring about the common good – is often counterproductive in most for-profit ventures, including trading, and so singling out traders is inappropriate.
56. Business Ethics Journal Review: Volume > 6 > Issue: 9
Andrew B. Gustafson Dating, the Ethics of Competition, and Heath’s Market Failures Approach
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In “The Responsibilities and Role of Business in Relation to Society,” Nien-hê Hsieh challenges Joseph Heath’s “market failure” or Paretian approach to business ethics by arguing for a “Back to Basics” approach. Here, I argue that two basics of Hsieh’s three-basics vision are flawed, because a. ordinary morality is in fact not sufficient for the adversarial realm of the market, and b. the ideal of a Pareto-optimal market economy with perfect competition does in fact provide an adequate basis for normative rules against market failures.
57. Business Ethics Journal Review: Volume > 7 > Issue: 1
Daniel Sportiello MacIntyre and Wyma on Investment Advising
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In “The Case for Investment Advising,” Keith Wyma argues that investment advising is what Alasdair MacIntyre calls a “practice”—that is, it is an activity marked by what MacIntyre calls an “internal good.” In this Commentary, though, I argue that Wyma seriously misunderstands what internal goods are.
58. Business Ethics Journal Review: Volume > 7 > Issue: 2
Jacob Sparks You Give Love a Bad Name
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Brennan and Jaworski (2018) accuse me of misunderstanding their thesis and failing to produce a counterexample to it. In this Response, I clarify my central argument in “Can’t Buy Me Love,” explain why I used prostitution as an example, and work to advance the debate.
59. Business Ethics Journal Review: Volume > 7 > Issue: 3
Charles Repp, Justin Contat Does Heath Have a Good Answer to Steinberg?
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Etye Steinberg has recently raised a problem for Joseph Heath’s Market Failures Approach. In this paper we consider a response by Heath. We argue that Heath’s response not only leaves the original problem intact, but also raises a second one, analogous to stakeholder theory’s so-called “identification problem.”
60. Business Ethics Journal Review: Volume > 7 > Issue: 4
Joseph Heath Is the “Point” of the Market Pareto or Kaldor-Hicks Efficiency?
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Moriarty argues that the Market Failures Approach (MFA) to business ethics is inapplicable to “real world” problems, because it treats “market failure” as a failure to achieve Pareto efficiency. Depending upon how it is applied, Pareto efficiency is either trivially easy to satisfy or else so demanding that no real-world market could ever satisfy it. In this Commentary, I argue that Moriarty overstates these difficulties. The regulatory structure governing markets is best understood as an attempt to maximize the number of Pareto-improving exchanges that occur. There is no reason to think business self-regulation cannot be guided by the same normative-conceptual framework.