In this comment Ichallenge two of the arguments made in the paper, “Toward the Feminine Firm.” First I challenge the claim that Gilligan’swork on gender differences in moral orientation provides a logically and empirically sound foundation for an alternative theory of the firm. I cite recent work that discredits any concise notion of a feminine ethic. Second I challenge the claim that, if such a firm were to exist, it would flourish in a competitive market economy. I suggest that, far (...) from flourishing, such a firm will rapidly perish. (shrink)

The current ethical norms of genomic biobanking creating and maintaining large repositories of human DNA and/or associated data for biomedical research have generated criticism from every angle, at both the practical and theoretical levels. The traditional research model has involved investigators seeking biospecimens for specific purposes that they can describe and disclose to prospective subjects, from whom they can then seek informed consent. In the case of many biobanks, however, the institution that collects and maintains the biospecimens may not itself (...) be directly involved in research, instead banking the biospecimens and associated data for other researchers. Moreover, the future uses of biospecimens may be unknown, if not unknowable, at the time of collection. Biobanking may thus stretch the meanings of inform and consent to their breaking point: if you cannot inform subjects about what their biospecimens will be used for, what can they consent to? Given that informed consent by individual subjects is the ethical gold standard, the seeming dilution of the concept in the context of biobanking is a profound problem. (shrink)

Genomic biobanks present ethical challenges that are qualitatively unique and quantitatively unprecedented. Many critics have questioned whether the current system of informed consent can be meaningfully applied to genomic biobanking. Proposals for reform have come from many directions, but have tended to involve incremental change in current informed consent practice. This paper reports on our efforts to seek new ideas and approaches from those whom informed consent is designed to protect: research subjects. Our model emerged from semi-structured interviews with healthy (...) volunteers who had been recruited to join either of two biobanks , and whom we encouraged to explain their concerns and how they understood the relationship between specimen contributors and biobanks. These subjects spoke about their DNA and the information it contains in ways that were strikingly evocative of the legal concept of the trade secret. They then described the terms and conditions under which they might let others study their DNA, and there was a compelling analogy to the commonplace practice of trade secret licensing. We propose a novel biobanking model based on this trade secret concept, and argue that it would be a practical, legal, and ethical improvement on the status quo. (shrink)

I carved a massive cake of beeswax into bits and rolled them in my hands until they softened … Going forward I carried wax along the line, and laid it thick on their ears. They tied me up, then, plumb amidships, back to the mast, lashed to the mast, and took themselves again to rowing. Soon, as we came smartly within hailing distance, the two Sirens, noting our fast ship off their point, made ready, and they sang … The lovely (...) voices in ardor appealing over the water made me crave to listen, and I tried to say ‘Untie me!’ to the crew, jerking my brows; but they bent steady to the oars. (shrink)

This paper concerns the influence of gender on a firm’s moral and economic performance. It supports Thomas White’s intimation of a male gender bias in the value system underlying extant business theory. We suggest that this gender bias may be corrected by drawing on the concept of substantive rationality inherent in virtue-ethics theory. This feminine-oriented relationship-based value system complements the essential nature of the firm as a nexus of relationships between stakeholders. Not only is this feminine firm morally desirable, but (...) it is also economically more efficient in that trust becomes a more feasible implicit contractual enforcement mechanism. In an organizational context, therefore, from both a moral and an economic perspective, long established economic man is dominated by nascent economic woman. (shrink)

This paper concerns the influence of gender on a firm’s moral and economic performance. It supports Thomas White’s intimation of a male gender bias in the value system underlying extant business theory. We suggest that this gender bias may be corrected by drawing on the concept of substantive rationality inherent in virtue-ethics theory. This feminine-oriented relationship-based value system complements the essential nature of the firm as a nexus of relationships between stakeholders. Not only is this feminine firm morally desirable, but (...) it is also economically more efficient in that trust becomes a more feasible implicit contractual enforcement mechanism. In an organizational context, therefore, from both a moral and an economic perspective, long established economic man is dominated by nascent economic woman. (shrink)

This paper begins by summarizing and distilling Macintyre's sweeping critique of modern business. It identifies the crux of Macintyre's critique as centering on the fundamental Aristotelian concepts of internal goods and practices. Maclntyre essentially follows Aristotle in arguing that by privileging external goods over internal goods, business activity -and certainly modern capitalistic business activity -corrupts practices. Thus, from the perspective of virtue ethics, business is morally indefensible. The paper continues with an evaluation of Macintyre's arguments. The conclusion is drawn that (...) Macintyre's critique, although partially valid, does not vitiate modern business as he claims. In short, modern business need not of necessity be antithetical to individuals' pursuit of internal goods within practices. (shrink)

We argue that the declining female enrollment in graduate business schools is a manifestation of gender bias in business education. The extant conceptual foundation of business education is one which views business activity in terms of a game with fixed and wholly material objectives. This concept betrays an underlying value system that reflects a male orientation. Business education is not merely amoral, therefore, but is gender biased. We suggest that business educators adopt a broadened behavioral rubric. Virtue-ethics theory provides such (...) a rubric. (shrink)

Andrew Wicks recently reflected “On The Practical Relevance of Feminist Thought to Business.” Part of his reflection focussed on my contributions to this subject. In critiquing my work, Wicks notes the similarity between my views on business and those of Alasdair MacIntyre. He goes on to give a brief overview of our position as he sees it. Wicks’s overview, although insightful, is misleading in certain key respects. My purpose in this response, therefore, is to clarify MacIntyre’s views on business. In (...) doing this I will, by default, clarify my own.MacIntyre himself might be surprised by the frequency with which his name appears in the business-ethics discourse. Although, over a period spanning nearly fifty years, he has written prolifically on the subject of ethics, he has only, as far as I am aware, written two brief articles directly addressing the subject of business ethics. Why then should we in business or in business ethics concern ourselves with his views? I think our interest in MacIntyre stems from our interest in virtue ethics, specifically our interest in the applicability of the virtues to business. When it comes to virtue ethics MacIntyre is recognized as an authority, if not the authority. Even his fiercest detractors would, I hope, admit that he has been largely responsible for the resurrection of classical philosophy in the latter half of this century. His bookAfter Virtue,in which he criticizes modernity and praises a classical virtue-based approach to ethics, is undoubtedly one the most influential books on moral philosophy written this century. Indeed, as postmodernism gains steam as a cultural force, its full influence is perhaps yet to be determined. If MacIntyre’s critique of modernity proves correct, then much of business-ethics theory—not to mention moral theory in general—would be discredited. Thus interest in MacIntyre’s thesis, from many quarters, is understandable. (shrink)

This paper begins from the context of virtue ethics theory as applied to business ethics. We note that the concept of a practice therein lacks the full richness of the Aristotelian concept of virtue. In essence, when applied to business in the virtue ethics literature, the practice loses its reflective quality. It becomes beholden to, and irredeemably interdependent with, the economic institution (i.e., the for-profit firm) that houses the practice. Furthermore, the conventional practice of virtue ethics lacks the self-reflective ability (...) to challenge and overcome this interdependence. As a solution to this problem, we suggest tapping into a relatively recent stream in the business ethics literature, namely the application of aesthetics. We integrate aesthetics into virtue ethics in the form of a reflective practice. This reflective practice can be defined as one which embraces the firm as pure phenomenon. It opens a space or clearing that enables business practitioners to reflect and act within a broadened perceptual and conceptual understanding of the ‘true’ nature and purpose of business. (shrink)

So far aesthetics has played a limited role in our understanding of business activity, focused mainly on evaluating product quality and the character qualities (virtues) of the firm that produced them We draw on Heidegger’s fuller account of aesthetic value to show how a firm—like a work of art – can disclose the way human projects and technologies are already at work in a given context. In this way, we show that firms play an essential role in human self-understanding—a role (...) that Heidegger assigns primarily to works of art. We then apply the Heideggerian approach to the contemporary turn to artisanal products such as personalized handcrafts, craft beer and the “third wave” coffee movement. (shrink)

Whatever ethnic, religious, or other cultural boundaries may have evolved through history, a global corporate culture is increasingly subsuming these traditional divisions. Multinational corporations, internationally linked securities markets, and omnipresent communication networks characterize this global corporate culture. The dynamics of corporate culture centres on the intricate web of contractual relations between stakeholders. This study addresses the question of how these stakeholder contracts can be most efficiently enforced. Three alternative contractual enforcement mechanisms are identified: the legal system, a generally accepted moral (...) code, and stakeholders' desire to build and maintain reputations. Each alternative is critically evaluated and conclusions are drawn as to the relative feasibility and desirability of each enforcement mechanism. (shrink)

In this comment Ichallenge two of the arguments made in the paper, “Toward the Feminine Firm.” First I challenge the claim that Gilligan’swork on gender differences in moral orientation provides a logically and empirically sound foundation for an alternative theory of the firm. I cite recent work that discredits any concise notion of a feminine ethic. Second I challenge the claim that, if such a firm were to exist, it would flourish in a competitive market economy. I suggest that, far (...) from flourishing, such a firm will rapidly perish. (shrink)

The article begins with a brief history of aesthetic theory. Particular attention is given to the postructuralist ‘aesthetic return’: the resurgence of interest in aesthetics as an ontological foundation for human being-in-the-world. The disordered individual-as-emergent-artist-and-artifact, who is at the centre of this ‘aesthetic return’, is then translated into the ‘dis’-organization that is the firm. The firm is thus defined in terms of its primal sensory impact on the world. It invokes a myriad of aesthetic relations between its disorganized self and (...) others: its essence resides within these relations; its power of being is determined by its ability to project a unified aesthetic ideal – a ‘mirror fantasy’. The firm thus emerges as a style: where style is defined as an organizing – a sculpting – of aesthetic chaos. In order to achieve a grand style, the firm projects itself through time as a unified aesthetic ideal; as an ongoing work of art. The article concludes with a discussion of how this aesthetic theory of the firm relates to other accepted theories of the nature and purpose of business organizations. (shrink)

Finance Ethics is not just a moral critique of the finance paradigm, arguing that self-interested profit making must be constrained by ethics. Rather, it is a critique from within that paradigm, in which truth becomes a rational mechanism to enforce contracts, and virtuous behavior is shown to make the most business sense.

This paper identifies the ultimate justification for business activity as an aesthetic justification. Aesthetics, loosely defined as the appreciation of beauty, subsumes both ethics and economics within an holistic justificatory mechanism for business decisions. Five essential qualities of aesthetic judgment are identified: disinterest, subjectivity, inclusivity, contemplativity, and internality. The quality of aesthetic judgment, exercised by the individual through the organization, will determine the extent to which business activity enhances quality of life.

This paper draws on the work of Alain Badiou and Martin Heidegger to construct a postructural theory of the firm. The ideal firm is conceived as a technology that facilitates a technology-free void/site of potential. For actors within this firm to be ethical requires their achievement of human subjecthood through aesthetic fidelity to the site-induced events. Heidegger’s concerns regarding the enframing effects of technology and his recognition of the truth-revealing qualities of art, are incorporated here into a theory of the (...) firm as an idealized, technology facilitated, aesthetic void-of-potential revealing. Authentic human being thus implies that firms-as-technology ‘get out of the way’. This theory of the firm is further revealed through Badiou’s concept of event-driven human flourishing. We embrace Badiou’s ‘ethics-of-truths’ in which fidelity to the trace of an event creates human subjecthood. We consider implications of our theory-of-the-firm for social media firms such as Alphabet and Facebook. (shrink)

This paper challenges Alasdair MacIntyre’s assertion that the modern firm — such as Google, Unilever, or Microsoft — is inimical to human flourishing within an Aristotelian framework. The paper begins by questioning MacIntyre’s rendering of utopian communities. It then addresses four specific criticisms of the modern firm to be found throughout MacIntyre’s oeuvre, namely compartmentalisation, myopia, inequality, and loss of community. Arguments are made to the effect that these criticisms do not vitiate the institutional role of the modern firm in (...) an Aristotelian context. The paper concludes with an invocation of the modern firm as institutional ideal within an evolving utopian vision of human flourishing. This is a utopian vision in which the modern firm plays a constructive, not corruptive, institutional role. (shrink)

The article begins with a brief history of aesthetic theory. Particular attention is given to the postructuralist ‘aesthetic return’: the resurgence of interest in aesthetics as an ontological foundation for human being-in-the-world. The disordered individual-as-emergent-artist-and-artifact, who is at the centre of this ‘aesthetic return’, is then translated into the ‘dis’-organization that is the firm. The firm is thus defined in terms of its primal sensory impact on the world. It invokes a myriad of aesthetic relations between its disorganized self and (...) others: its essence resides within these relations; its power of being is determined by its ability to project a unified aesthetic ideal – a ‘mirror fantasy’. The firm thus emerges as a style: where style is defined as an organizing – a sculpting – of aesthetic chaos. In order to achieve a grand style, the firm projects itself through time as a unified aesthetic ideal; as an ongoing work of art. The article concludes with a discussion of how this aesthetic theory of the firm relates to other accepted theories of the nature and purpose of business organizations. (shrink)

Abstract:This paper investigates the broad ideological conflict between world views on corporate culture. Two views are identified: one encompassing standard liberal economic philosophy; the other taking broader notions of corporate culture from ethics theory. The conflict that surrounded the World Trade Organization meeting in Seattle is used as an illustration of the current conflict between these views. The writings of Alasdair MacIntyre are employed as a means of elucidating and reconciling these two world views.

This paper challenges Alasdair MacIntyre’s assertion that the modern firm — such as Google, Unilever, or Microsoft — is inimical to human flourishing within an Aristotelian framework. The paper begins by questioning MacIntyre’s rendering of utopian communities. It then addresses four specific criticisms of the modern firm to be found throughout MacIntyre’s oeuvre, namely compartmentalisation, myopia, inequality, and loss of community. Arguments are made to the effect that these criticisms do not vitiate the institutional role of the modern firm in (...) an Aristotelian context. The paper concludes with an invocation of the modern firm as institutional ideal within an evolving utopian vision of human flourishing. This is a utopian vision in which the modern firm plays a constructive, not corruptive, institutional role. (shrink)

Here I synthesize certain ideas presented in two different articles that appeared in the same issue of Business Ethics Quarterly. One article (Hasnas) invokes the stockholder model as a valid normative theory of business ethics, the other article (Dunfee) invokes a marketplace of morality. Both articles imply that the accepted financial-economic view of the firm is a view that can accommodateethics. I offer empirical support for this view. I also identify the ethic of the stockholder model as a variant on (...) might-makes-right andconsider the social acceptance of this ethic as a postmodern phenomenon. (shrink)

In recent years, the US and the EU have pursued markedly different agendas in the pursuit of board gender diversity. The EU has taken a more pro-active governmental approach of mandated quotas, whereas the US is relying largely on the endogenous mechanism of shareholder diversity proposals. Despite their obvious allure as a means of bringing about rapid change, evidence is mounting that board gender diversity quotas may yield various deleterious side effects; and quotas may not be as successful in their (...) core aim of promoting gender diversity as initial broad statistical measures indicate. In this paper we critique the expanding EU quota regime, and consider US shareholder proposals as an alternative change mechanism for improving gender diversity in corporate boards. As an alternative to quotas, diversity resolutions are often dismissed as ineffective because the vast majority fail to formally pass (with a failure rate close to 95%). However, on closer inspection, this ‘failure’ actually results in success. Contrary to the conventional ‘folk’ wisdom -- in the quest to promote gender diversity on corporate boards, the endogenous (US) mechanism of board diversity proposals has, to date, resulted in similar increases in gender diversity as the exogenous (EU) mechanism of government-mandated gender quotas. Furthermore, the former mechanism is more consistent with recent ‘third-wave’ feminist theory. We conclude with the policy recommendation that, rather than quotas, the EU should focus on removing the regulatory barriers that inhibit shareholder democracy. (shrink)

This paper applies Alain Badiou’s ethic-of-truths to the context of business ethics. Business ethics is redefined as self-regarding, aspirational, and internal to a given firm. Firms are defined as sites. The event is a radical innovation experienced by a given firm. Ethics emerges as the challenge of fidelity to the truths engendered by the event.

A great deal has been written in recent years about the justification, if any, for the current levels of executive compensation. The folk consensus is that the current levels of executive compensation are unjustifiably high from both a moral and an economic perspective. In the case of the former, the compensation level is unfair and unjust. And in the case of the latter, the compensation level is not in the broader interests of other stakeholders or of firm-value maximization.In this paper (...) I counter this folk wisdom. I argue that executive compensation is a facet of the Stockholder Model, in which the primary objective of the firm is taken to be the maximization of shareholder wealth, and as such any moral critique of executive compensation is by default a critique of the Stockholder Model. Thus a necessary and sufficient condition for a moral defense of executive compensation is a moral defense of the Stockholder Model. I provide such a defense. Once the Stockholder Model is accepted then any moral or economic defense of executive compensation rests on its compatibility with shareholder wealthmaximization. I argue that the current levels of executive compensation are consistent with the overarching corporate goal of shareholder wealth maximization. Thus the current levels of executive compensation are both morally and economically justified. (shrink)

This paper addresses two issues. The first issue relates directly to transnational corporations, while the second issue is broader and relates to all diversely held companies. To address the first issue I cite three representative instances where wanton environmental damage has signalled a lack of moral judgment on the part of a transnational corporation. I conclude from these instances that ethical considerations are not given adequate weight in corporate investment decisions.This leads to the second issue. Who should be making ethical (...) decisions within the corporate milieu? I conclude that neither management nor the typical shareholder should be expected to exercise moral judgment because they are not free agents. They have fiduciary responsibilities that must override personal moral suasion. (shrink)

This book presents a detailed economic analysis of professional football at club level, using a combination of economic reasoning and statistical and econometric analysis. Most of the original empirical research reported in the book is based on English club football. A wide range of international comparisons help emphasize both the broader relevance as well as the unique characteristics of the English experience. Specific topics include: the links between football clubs' financial strength and competitive balance and uncertainty of outcome; the determinants (...) of professional footballers' compensation; measuring the football manager's contribution to team performance, the determinants of managerial change, and its effects on team performance; patterns of spectator demand for attendance; predicting match results, betting on football, and the market in football clubs' company shares. The book concludes with an extended discussion of the major economic policy issues currently facing football's legislators and administrators worldwide. (shrink)

In this paper I argue that the real and only victims of insider trading are those being wrongfully prosecuted under the current broad interpretation of Rule 10(b)-5 of the Securities Exchange Act. The term ‘insider trading’ has no clear legal definition and thus lends itself to prosecutorial overreach. I argue that such overreach characterizes the numerous insider trading investigations and prosecutions currently being pursued by the Securities and Exchange Commission (SEC). Rather than any valid application of securities law, these prosecutions (...) reflect political opportunism and the influence of powerful special interests within the securities industry. I conclude by advocating that Rule 10(b)-5 be applied as originally intended, namely to deter active securities fraud and price manipulation only. (shrink)

In recent years, the US, UK, and Continental Europe have pursued board gender diversity through markedly different means. Several European countries have imposed mandatory quotas, whereas the UK and US are relying on the endogenous mechanisms of social pressure and shareholder proposals respectively. Despite their obvious allure as a means of bringing about rapid change, evidence is mounting that European board gender diversity quotas may yield various deleterious side effects; and quotas may not be as successful in their core aim (...) of promoting gender diversity as initial broad statistical measures indicated. In this paper we critique the European quota regime, and consider US shareholder proposals as an alternative change mechanism for improving gender diversity in corporate boards. We note the lack of shareholder representative democracy in Europe and conclude with the policy recommendation that, rather than extending quotas, European governments should focus on empowering shareholders. (shrink)

In recent years, the US, UK, and Continental Europe have pursued board gender diversity through markedly different means. Several European countries have imposed mandatory quotas, whereas the UK and US are relying on the endogenous mechanisms of social pressure and shareholder proposals respectively. Despite their obvious allure as a means of bringing about rapid change, evidence is mounting that European board gender diversity quotas may yield various deleterious side effects; and quotas may not be as successful in their core aim (...) of promoting gender diversity as initial broad statistical measures indicated. In this paper we critique the European quota regime, and consider US shareholder proposals as an alternative change mechanism for improving gender diversity in corporate boards. We note the lack of shareholder representative democracy in Europe and conclude with the policy recommendation that, rather than extending quotas, European governments should focus on empowering shareholders. (shrink)

This paper begins by summarizing and distilling MacIntyre’s sweeping critique of modern business. It identifies the crux of MacIntyre’s critique as centering on the fundamental Aristotelian concepts of internal goods and practices. MacIntyre essentially follows Aristotle in arguing that by privileging external goods over internal goods, business activity – and certainly modern capitalistic business activity – corrupts practices. Thus, from the perspective of virtue ethics, business is morally indefensible. The paper continues with an evaluation of MacIntyre’s arguments. The conclusion is (...) drawn that MacIntyre’s critique, although partially valid, does not vitiate modern business as he claims. In short, modern business need not of necessity be antithetical to individuals’ pursuit of internal goods within practices. (shrink)

In order to enrich global corporate culture, a distinction must be made between the economic ideology of free trade and the moral ideology of fair trade. GATT has failed to make this distinction. Its sole ethos of free trade is only applicable among developmentally equivalent nations, and has been used by TNCs as a means for attaining their commercial ends in the third world. GATT''s lack of commitment to an objective of fair trade necessitates its replacement. This article suggests a (...) replacement in the form of a network of trade organizations. The network takes the form of a hub-and-spoke arrangement, in which the hub would be the Global Trade Organization, and the spokes would each represent Regional Trade Organizations. (shrink)