Business Ethics and Moral Motivation a Criminological Perspective

Topics: Criminology, Crime, Morality Pages: 40 (14537 words) Published: July 19, 2011
Journal of Business Ethics (2008) 83:595–614 DOI 10.1007/s10551-007-9641-8

Ó Springer 2008

Business Ethics and Moral Motivation: A Criminological Perspective

Joseph Heath

ABSTRACT. The prevalence of white-collar crime casts a long shadow over discussions in business ethics. One of the effects that has been the development of a strong emphasis upon questions of moral motivation within the field. Often in business ethics, there is no real dispute about the content of our moral obligations, the question is rather how to motivate people to respect them. This is a question that has been studied quite extensively by criminologists as well, yet their research has had little impact on the reflections of business ethicists. In this article, I attempt to show how a criminological perspective can help to illuminate some traditional questions in business ethics. I begin by explaining why criminologists reject three of the most popular folk theories of criminal motivation. I go on to discuss a more satisfactory theory, involving the so-called ‘‘techniques of neutralization,’’ and its implications for business ethics. KEY WORDS: character, deviance, moral motivation, techniques of neutralization, white-collar crime

One of the peculiar features of business ethics, as compared to other domains of applied ethics, is that it deals with a domain of human affairs that is afflicted by serious criminality, and an institutional environment that is in many cases demonstrably criminogenic (Braithwaite, 1989, pp. 128–129; Coleman, 1989, pp. 6–8; Leonard and Weber, 1970; Sutherland, 1968, p. 59). The oddity of this state of affairs is sometimes lost on practitioners in the field. It is common, for instance, at business ethics Joseph Heath is Associate Professor in the Department of Philosophy and the School of Public Policy and Governance at the University of Toronto. He is the author of Communicative Action and Rational Choice (MIT), The Efficient Society (Penguin), and with Andrew Potter, The Rebel Sell (HarperCollins).

conferences for the majority of presentations to be concerned, not with ethical issues in the narrow sense of the term (where there is often some question as to where the correct course of action lies), but with straightforward criminality. In this respect, all the talk of ‘‘ethics scandals’’ in the early years of the twenty-first century has been very misleading, since what really took place at corporations like Enron, Worldcom, Parmalat and elsewhere was, first and foremost, an outbreak of high-level, large-scale white collar crime. Each illegal act was no doubt surrounded by a broad penumbral region of unethical conduct, yet in each case the core actions all involved a failure to respect the law. The high incidence of crime in the corporate environment is, in itself, something of a mysterious phenomenon. Most well-adjusted adults would never consider shoplifting from their local grocery store, or stealing from their neighbor’s backyard, despite having ample opportunity to do so. Yet according to a United States Chamber of Commerce Study, 75% of individuals steal from their employer at some time or other (McGurn, 1988). Studies of supermarket and restaurant employees found that 42 and 60% (respectively) admitted to stealing from their employer in the past six months (Boye and Jones, 1997; Hollinger et al., 1992). The losses suffered as a result of this sort of ‘‘occupational crime’’ – crime committed by individuals against the corporation – greatly exceed the total economic losses suffered from all street crime combined (Snyder and Blair, 1989). Yet this does not even begin to take into consideration the losses suffered from ‘‘corporate crime’’ – crimes committed by individuals on behalf of the corporation. During the 1990’s the list of firms that were convicted of serious criminal offenses in the United States included (either the parent, a division or a subsidiary of)


Joseph Heath staple of the criminology...

References: Agnew, R.: 1994, ‘The Techniques of Neutralization and Violence’, Criminology 32, 555–580. Agnew, R. and A. A. R. Peters: 1986, ‘The Techniques of Neutralization: An Analysis of Predisposing and Situational Factors’, Criminal Justice and Behavior 13, 81–97. Akers, R. L.: 1990, ‘Rational Choice, Deterrence, and Social Learning Theory in Criminology: The Path Not Taken’, Journal of Criminal Law and Criminology 81, 653–676. Akers, R. L.: 1998, Social Learning and Social Structure: A General Theory of Crime and Deviance (Northeastern, Boston). Akers, R. L., M. D. Krohn, L. Lanza-Kaduce and M. Radosevich: 1979, ‘Social Learning and Deviant
Business Ethics and Moral Motivation: A Criminological Perspective
Geis, G.: 1968, ‘The Heavy Electrical Equipment Antitrust Case of 1961’, in idem (ed.), White Collar Criminal (Atherton, New York). Green, G. S.: 1990, Occupational Crime (Nelson-Hall, Chicago). Greenberg, J.: 1990, ‘Employee Theft as a Reaction to Underpayment Inequity: The Hidden Cost of Pay Cuts’, Journal of Applied Psychology 75, 561–568. Haney, C., W. C. Banks and P. G. Zimbardo: 1973, ‘Interpersonal Dynamics in a Simulated Prison’, International Journal of Criminology and Penology 1, 69–97. Hartman, E. M.: 1998, ‘The Role of Character in Business Ethics Education’, Business Ethics Quarterly 8, 547–559. Hayek, F. A.: 1945, ‘The Use of Knowledge in Society’, American Economic Review 35, 519–530. Heath, J.: 2006, ‘Business Ethics Without Stakeholders’, Business Ethics Quarterly 16, 533–557. Heath, J.: 2007, ‘An Adversarial Approach to Business Ethics’, Journal of Business Ethics 72, 359–374. Hilts, P. J.: 2003, ‘Epilogue: Greed and Goodness’, in Protecting America’s Health The FDA, Business, and One Hundred Years of Regulation (Alfred A. Knopf, New York). Hindelang, M. J.: 1970, ‘The Commitment of Delinquents to Their Misdeeds: Do Delinquents Drift?’, Social Problems 17, 502–509. Hindelang, M. J.: 1974, ‘Moral Evaluations of Illegal Behavior’, Social Problems 21, 370–385. Hollinger, R. C. and J. P. Clark: 1983, Theft by Employees (Lexington Books, Lexington, MA). Hollinger, R. C., K. B. Slora and W. Terris: 1992, ‘Deviance in the Fast Food Restaurant: Correlates of Employee Theft, Altruism and Counterproductivity’, Deviant Behavior 13, 155–184. Jones, S.: 2005, Criminology, 3rd Edition (Oxford University Press, Oxford). Klockars, C. B.: 1974, The Professional Fence (Free Press, New York). Kornai, J.: 1992, The Socialist System (Princeton University Press, Princeton). Kraut, R. E.: 1976, ‘Deterrent and Definitional Influences on Shoplifting’, Social Problems 23, 358–368. Landsheer, J. A., H. T. Hart and W. Kox: 1994, ‘Delinquent Values and Victim Damage: Exploring the Limits of Neutralization Theory’, British Journal of Criminology 34, 44–53. Lane, R. E.: 1953, ‘Why Businessmen Violate the Law’, Journal of Criminal Law, Criminology and Police Science 44, 151–165. Leonard, W. N. and M. G. Weber: 1970, ‘Automakers and Dealers: A Study of Criminogenic Market Forces’, Law and Society Review 4, 407–424.
Levin, M.: 1989, ‘Ethics Courses: Useless’, New York Times, November 25. Mars, G.: 1982, Cheats at Work (Unwin Wyham, London). McLean, B. and P. Elkind: 2004, The Smartest Guys in the Room, 2nd Edition (Penguin, New York). McGurn, W. A.: 1988, ‘Spotting the Thieves Who Work Among Us’, Wall Street Journal, March 7. Milgram, S.: 1974, Obedience to Authority: An Experimental View (Harper & Row, New York). Minor, W. W.: 1981, ‘Techniques of Neutralization: A Reconceptualization and Empirical Examination’, Journal of Research in Crime and Delinquency 18, 295–318. Mintz, M.: 1969, ‘F.D.A. and Panalba: A Conflict of Commercial, Therapeutic Goals’, Science 165, 875–881. Mokhiber, R.: 2006, ‘Top-100 Corporate Criminals of the Decade’, Corporate Crime Reporter (http:// Parsons, T.: 1951, The Social System (Free Press, New York). Parsons, T., E. Shils, K. D. Naegele and J. R. Pitts (eds.): 1961, Theories of Society (Free Press, Glencoe). Polanyi, K.: 1944, The Great Transformation (Beacon, Boston). Ripstein, A.: 1998, Equality, Responsibility and the Law (Cambridge University Press, Cambridge). Ross, L. and R. E. Nisbett: 1991, The Person and the Situation (McGraw Hill, New York). Scott, J. E. and F. Al-Thakeb.: 1977, ‘The Public’s Perception of Crime: A Comparative Analysis of Scandinavia, Western Europe, the Middle East, and the United States’, in C. Huff (ed.), Contemporary Corrections (Sage, Beverly Hills). Snyder, N. H. and K. E. Blair: 1989, ‘Dealing with Employee Theft’, Business Horizons 32, 27–34. Solomon, R. C.: 1992, Ethics and Excellence (Oxford University Press, Oxford). Spencer, J. C.: 1965, ‘White Collar Crime’, in E. Glover, H. Mannheim and E. Miller (eds.), Criminology in Transition (Tavistock, London). Stark, A.: 1993, ‘What’s the Matter with Business Ethics?’, Harvard Business Review 71(3), 38–40. Stout, D.: 2006, ‘U.S. Orders New Training After Iraq Civilian Deaths’, New York Times, June 1. Sutherland, E.: 1949, White Collar Crime (Dryden Press, New York). Sutherland, E.: 1968, ‘Crime of Corporations’, in G. Geis (ed.), White Collar Criminal (Atherton, New York). Sutherland, E. and D. Cressey: 1978, Criminology, 10th Edition (Lippincott, New York). Sykes, G. and D. Matza: 1957, ‘Techniques of Neutralization: A Theory of Delinquency’, American Sociological Review 22, 664–670.
Joseph Heath
Offenders in the Federal Courts (Yale University Press, New Haven). Williams, S. D. and T. Dewett: 2005, ‘Yes, You Can Teach Business Ethics: A Review and Research Agenda’, Journal of Leadership and Organizational Studies 12, 109–120. Wilson, T. D.: 2002, Strangers to Ourselves (Harvard University Press, Cambridge, MA).
Thurow, L. C.: 1987, ‘Ethics Doesn’t Start in Business Schools’, New York Times, June 14. Tversky, A. and D. Kahneman: 1991, ‘Loss Aversion in Riskless Choice: A Reference Dependent Model’, Quarterly Journal of Economics 106, 1039–1061. Vandivier, K.: 1996, ‘Why Should My Conscience Bother Me? Hiding Aircraft Brake Hazards’, in M. D. Ermann and R. J. Lundman (eds.), Corporate and Governmental Deviance (Oxford University Press, New York). Vogel, D.: 2005, The Market for Virtue (Brookings Institute, Washington, D. C). Webley, S. and E. More: 2003, Does Business Ethics Pay? (Institute of Business Ethics, London). Weisburd, D., S. Wheeler, E. Waring and N. Bode: 1991, Crimes of the Middle Classes: White Collar
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