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NTUST MBA Forum
    How to Thinking &
                   g
  Making Decision Ethically
Through Pragmatic & Systematic Approach
 迎向道德之路的實務性思考與系統性方法

          Professor Andrew B.C. Huang
     National Taiwan University of Science And Technology
                     Management School
                    huang.porf@gmail.com
                    huang porf@gmail com
                         2008 Winter
Summary
•   Even we’re not prisoners, b t th same dil
    E        ’      t i        but the       dilemmas h happen when situations
                                                                    h   it ti
    having two or more values, rights, or obligations in conflict, and we’re
    frequently had to choose between or among equally unpleasant alternatives.
•   Prisoner's Dilemma shows that we even as a rational person, but when
    facing a unknown decision of others, will be confused to choose not the best
    and rational alternatives.
•   There’s no doubt that you’ll meet ethical dilemmas—every employee
    probably meets hundreds of times during a career—the only thing in doubt
    is when.
•   How could we do to this conflicts? The more informed you are, the more
    effective you’ll be in managing the ethical problems.
•   We will discuss a pragmatic approach and p
                        p g        pp            practical decision-making tools
                                                                          g
    that you can use to the ethical dilemmas.
Outline
• The fundamental problems in identifying the ethical
  standards;
• Th questions f examining th ethics of a b i
  The       ti  for     i i the thi       f business
  decision;
• The pragmatic and practical approaches and decision
                                               decision-
  making tools;
• Three Examples of Application.
                    Application
Learning Objectives
• Understand ethics as a practical and useful tool
  for making decision;
• Assess the ethics of a business using the
  influential frameworks of famous scholars;
• Know how to Manage and make the business
  decisions ethically.
Prisoner's Dilemma
                                 A problem in game theory

•   In its quot;classicalquot; form the prisoner s
            classical form,     prisoner's
    dilemma (PD) is presented as follows:
     –   Two suspects are arrested by the
         police. The police have insufficient
         evidence for a conviction, and, having
                                     ,     ,       g
         separated both prisoners,
     –   visit each of them to offer the same
         deal.
     –   If one testifies (quot;defectsquot;) for the
         prosecution against the other and the
         other remains silent, the betrayer goes
         free and the silent accomplice receives
         the full 10-year sentence.
     –   If both remain silent, both prisoners are      Prose-       Cooperate    Defect
         sentenced t only six months i j il f
              t     d to l i           th in jail for
         a minor charge.                                cution       Prisoner A   Prisoner A
     –   If each betrays the other, each receives
         a five-year sentence.                          Cooperate    Sentence     Sentence
     –   Each prisoner must choose to betray            Prisoner B   3.3.
                                                                     3 3 years    0.10
                                                                                  0 10
         the other or to remain silent. Each one
         is assured that the other would not            Defect
         know about the betrayal before the end                      Sentence     Sentence
         of the investigation. How should the           Prisoner B   10.0         10.10
         prisoners act?
Trust & Information is the Key
                        Why individual Rationality Fail

•   If we assume that each player prefers shorter sentences to longer ones,
                    th t     h l         f   h t        t       t l
    and that each gets no utility out of lowering the other player's sentence, and
    that there are no reputation effects from a player's decision, then the
    prisoner's dilemma forms a non ero s m game in which t o pla ers ma
                                 non-zero-sum              hich two players may
    each quot;cooperatequot; with or quot;defectquot; from (i.e., betray) the other player.
•   In this game, as in all game theory, the only concern of each individual
    player (quot; i
      l     (quot;prisonerquot;) is maximizing hi /h own payoff, without any concern f
                       quot;) i    i i i his/her             ff ith t               for
    the other player's payoff.
•   The unique equilibrium for this game is a Pareto-suboptimal solution—that
    is, i
    i rational choice l d the two players to b h play d f t even though
               l h i leads h           l         both l defect          h    h
    each player's individual reward would be greater if they both played
    corporately.
•   One experiment based on the simple dilemma found that
    approximately 40% of participants played quot;cooperatequot;
What Does Ethics Mean to You
Sociologist Raymond Baumhart asked business people quot;What does
                                                 people,
ethics mean to you?quot; Among their replies were the following:
• quot;Ethics has to do with what my feelings tell me is right or wrong.quot;
• quot;Ethi h t d with my religious b li f quot;
   quot;Ethics has to do ith       li i    beliefs.quot;
• quot;Being ethical is doing what the law requires.quot;
• quot;Ethics consists of the standards of behavior our society accepts.quot;
• quot;I don't know what the word means.quot;
These replies might be typical of our own. The meaning of quot;ethicsquot; is
hard to pin down, and the views many people have about ethics are
        p        ,                    yp p
shaky.

(Developed by Manuel Velasquez, Claire Andre Thomas Shanks,
                        Velasquez      Andre,       Shanks
   S.J., and Michael J. Meyer )
Professor Gardner’s Argument
                                 g
               on the Ethical Mind
•   The Harvard Business Review of March 2007 contains an interview worth reading
    with Harvard Graduate School Professor of Cognition and Education Howard Gardner.
    Gardner became well known by his 1983 book , in which he argued that people don't
    have one, but multiple intelligences: linguistic, logical-mathematical, spatial, bodily-
    kinesthetic, musical, interpersonal and intrapersonal intelligence.
    Likewise, Gardner now proposes to distinguish between :

•   The Disciplined Mind - What we gain through applying ourselves in a disciplined
               p                      g         g pp y g                        p
    way in school.
•   The Synthesizing Mind - Surveys a wide range of sources, decides what is
    important and is worth paying attention to.
•   The Creating Mind - Looks for new ideas and practices, innovates, takes chances,
                 g                                 p         ,         ,            ,
    discovers.
•   The Respectful Mind - The kind of open mind that tries to understand and form
    relationships with other human beings.
•   The Ethical Mind - Broadens the respect for others (see 4) into something more
    abstract. Asks: quot;What kind of a person, worker, and citizen do I want to be?quot;
The Ethical Mind
              More difficult for businessmen to adhere to an ethical mind

•   The Ethi l Mi d
    Th Ethical Mind grows at home and in the surrounding community. B d b h i of others can
                                th        d i th         di            it Bad behavior f th
    undermine it.
•   Gardner mentions cheating MBA students as an example of this undermining, and thinks that it is
    more difficult for businesspeople to adhere to an ethical mind than it is for other professionals,
    because business is strictly not a profession, has no guild-structure, no professional model, no
    standards and no penalties for bad behavior. The only requirement is to make money and not run
    afoul of the law.
•   In order to stay on the right track, Gardner advises business leaders to:
                    y         g
•   Believe doing so is essential for the good of the organization, especially during difficult
    times.
•   Take the time to step back and reflect about the nature of their work.
•   Undergo quot;positive periodic inoc lationsquot; being forced to rethink what you're doing
               quot;positi e            inoculationsquot;,                              hat o 're doing.
•   Use consultants, which should include a trusted advisor within organization, the council of
    someone completely outside the organization (an old friend), a genuine independent board.

    See also the related website The Good Work Project, an quot;effort to identify individuals and institutions that exemplify good work— that is excellent in
    quality, socially responsible, and meaningful to its practitioners—and to determine how best to increase the incidence of good work in our society
Identifying Ethical Standards
                          It’s Hard Or Easy?

•   There are two fundamental problems in identifying the ethical
    Th         t    f d       t l   bl      i id tif i th thi l
    standards:
    1. On what do we base our ethical standards?
    2.
    2 If our ethics are not based on feelings religion, law accepted
                                      feelings, religion law,
    social practice, or science, what are they based on?
    3. How do those standards get applied to specific situations we face?
•   Many philosophers and ethicists have helped us answer this critical
    question.
•   They have suggested at least five different sources of ethical
    standards we should use. But it is still hare to identify.
3 Approaches of Evaluating Ethic
                             倫理分析的三種方法

Approach
A      h      Factors
              F              Condition
                             C di i             Limitation
                                                Li i i
Utilitarian   Comparative    Net benefit >      Quiet hard to measure the social cost
功利理論          cost and       net cost           and minority benefit always not been
              benefit        淨收入>淨成本            treated well enough
              比較成本和效益                           難以測定一些関乎人類和社會的成本,也可
                                                能犧牲少數人的利益

Rights and    Human rights   common             Hard to balance the conflict of rights
Duty          尊重權利           human rights       The ethical action is the one that most dutifully
                                                respects the rights of all affected.
              倫理價值中的分母       基本人權:生命、安
權利                                              難以平衡衝突性的權利
              倫理的基本條件        全、信仰、知情、
                             隱私、言論、財產
                             與正當程序等

Justice and   Fairness and   Fairness of Cost   Hard to measure the cost and benefit, and
              share          benefit, and       short of the mutual understanding about
Fairness                                        fairness. 難以掌握對公平分配的共識
                             Share
公正            公平分配                              The ethical action is the one that embodies the
                             收益成本的公平
                                                habits and values of humans at their best.
                             分攤/分配
Differences Between Utilitarian & Justice
               One Total Whole, and One Each of Whole


Theory             Difference
                   A a whole, in one group of the affected parties, totally, the
Utilitarian        net benefits >the net harms or net profits>net costs
                   Each one of the affected parties, especially for an individual,
Justice            whose last share is fair, comparing the benefits and costs.
                                                p    g


Justice Theory: The Fairness of Sharing
• E l
   Employees: A th salary of each f i with reasonable diff
                Are the l       f    h fair ith         bl difference??
• Consumers: Are the prices of products they bought fair without unendurable
   differences?
• Taxes: Is each individual fair with no difference in one affected group?
Preferred Ethics and Interests
              優位道德與利益
•  Source from Preferred Freedoms(優位自由) of laws, it happens when the freedoms in
                                                    laws
   conflict, and then which one will be preferred than the others.
• In law, the freedoms include:
 1. Equality and Democracy: non-discrimination;
 2. Freedom of Contract: Bargaining position’s unfairness due to its originality of power.
   Antitrust and restrictive trade practices; Standard-form Contract.
 3. The Right of Property;
 4. The Right of Association; Public order Act;
           g                    ;                ;
 5. Freedom of Labor:
 6. Freedom from Want and Social Security;
 7. Freedom of Speech and of the Press; Limit of Tolerance忍耐極限,民主政府對於某
   些特定團体挑撥不滿情緒時所能忍受之最大程度。The privacy of information source.                       source
 8. Freedom of Religion;
 9. Personal Freedom;人身自由包括任意旅行、納拒聘僱與擇地而居的自由。
 10. The Rule of Law;法冶指 due process of law (法律正當程序),包括司法獨立與任何
   人除非觸犯適當公佈的特定法律,否則不受刑事處罰、公平與迅速審判、警察獲取口
   人除非觸犯適當公佈的特定法律 否則不受刑事處罰 公平與迅速審判 警察獲取口
   供方法之司法節制、被捕在押候審時之對被告提供適適法律辯護保障。
Making Good Decisions
                         A Framework by Markkula Center


•   Making
    M ki good ethical d i i
                d hi l decisions requires a trained sensitivity to ethical
                                        i        i d       ii i       hi l
    issues and a practiced method for exploring the ethical aspects of a
    decision and weighing the considerations that should impact our
    choice of a course of action.
•   Having a method for ethical decision making is absolutely essential.
    When practiced regularly the method becomes so familiar that we
                     regularly,
    work through it automatically without consulting the specific steps.

    This framework for thinking and working ethically is the product of dialogue and
    debate at the Markkula Center for Applied Ethics at Santa Clara University.
    Primary contributors include Manuel Velasquez, Dennis Moberg, Michael J. Meyer,
    Thomas Shanks, Margaret R. McLean, David DeCosse, Claire André, and Kirk O.
    Hanson. This article appeared originally in Issues in Ethics, V. 1, N. 2 (Winter 1988).
Putting Approaches Together
•   Each of the approaches helps us determine what standards of
    behavior can be considered ethical. There are still problems to be
    solved, however.
•   The first problem is that we may not agree on the content of some of
    these specific approaches. We may not all agree to the same set of
    human and civil rights.
•   We may not agree on what constitutes the common g
            y      g                                       good. We mayy
    not even agree on what is a good and what is a harm.
•   The second problem is that the different approaches may not all
    answer the question quot;What is ethical?quot; in the same way.
•   Nonetheless, each approach gives us important information with
    which to determine what is ethical in a particular circumstance. And
    much more often than not, the different approaches do lead to
    similar answers
            answers.
Ethical Decision Could Be
A Rational and Logical Process—Down to Up




                       Evaluate the Action Plan

                           Make the Decision
                         (Select the Action Plan)

                           Explain the Results
                           (How Should I Do?)

                     Predict the Possible Results
                         (What Will Happen?)

                          Propose the Tactics
                            (What Can I Do?)
                              Get the Facts
                      Collect Relevant Information
                           (Identify the Truth)
       Source: Steven L. Wartick & Donna T. Wood, International Business
       and Society 2002
           Society,
Recognize an Ethical Issue
1. Is there something wrong personally, interpersonally, or
   socially? Could the conflict, the situation, or the decision
   be damaging to people or to the community?
2. Does the issue go beyond legal or institutional concerns?
   What does it do to people, who have dignity rights and
                       people              dignity, rights,
   hopes for a better life together?
Get the Facts
3. What
3 Wh t are th relevant f t of the case? What facts are
               the l      t facts f th    ? Wh t f t
   unknown?
4.
4 What individuals and groups have an important stake in
   the outcome? Do some have a greater stake because
   they have a special need or because we have special
   obligations t th ?
     bli ti      to them?
5. What are the options for acting? Have all the relevant
   persons and groups been consulted? If you showed your
   list of options to someone you respect, what would that
   person say?
Evaluate Alternative Actions
          From Various Ethical Perspectives

6. Which option will produce the most good
  and do the least harm?
Utilitarian Approach:
 The ethical action will produce the greatest benefits over harms


7. Even if not everyone gets all they want,
  will everyone's rights and dignity still be
           y        g          g y
  respected?

  Cost-Benefit Analysis: Institutional decision-making
  processes can powerfully influence the decisions that
  are made by individuals or groups.
Rights Approach:
            g     pp
    The ethical action is the most dutifully
      respects the rights of all affected

8.
8 Which option is fair to all stakeholders?
Fairness or Justice Approach:
                       pp
 The ethical action is the one that treats people equally, or if unequally,
              that treats people proportionately and fairly.

• 9. Which option would help all participate
  more fully in the life we share as a family,
           y                                y,
  community, society?
Common Good Approach:
         The thi l ti
         Th ethical action is the one that contributes most to
                           i th       th t    t ib t      tt
          the achievement of a quality common life together.


10. Would you want to become the sort of person
  who acts this way (e.g., a person of courage or
  compassion)?
Make a Decision and Test It
11. Considering all these perspectives,
  which of the options is the right or best
                p               g
  thing to do?
12.
12 If you told someone you respect why you
  chose this option, what would that person
  say? If you had to explain your decision on
      ? f
  television, would you be comfortable doing
                    y                       g
  so?
Act, Then Reflect on the
          Decision Later
13. Implement your decision.
How did it turn out for all concerned?
If you had it to do over again, what would you do
differently?
No One Is Perfect In Every Situation
  We don’t have a perfect solution. We certainly won’t resolve the academic
 controversies over the best philosophical approaches, even they will suggest
    important factors to keep in mind in making b i
    i    t tf t       t k     i    i di     ki business ethics d i i
                                                           thi decisions.
  Eight Steps to Sound Ethical Decision Making
          Ethical decision making is often not liner. But it will be helpful
            to recover all of these points even if not in this sequence
                                    points,                    sequence.




        Source: Kinda K. Trevino, Katherine A. Nelson,
      Managing Business Ethics: Straight Talk About How
             To Do It Right The Wharton School,
                      Right,              School
              University of Pennsylvania, 1995
Eight Steps to Sound Ethical
Decision Making In Business
                                         1.Gather
                                         the Facts


       8.Check Your Gut                               2.Define the
                                                     Ethical Issues




    7.Think Creatively                                 3.Identify the
  about Potential Actions                             Affected Parties




            6.Consider Your                    4.Identify the
          Character and Integrity              Consequences
                              5.Identify the
                               Obligations
The Layoff: An Easy Job
             e ayo         asy Job?
                Your Painful Decision Last to Come
•   Your boss j t t ld you i complete confidence that the company will
    Y     b     just told     in      l t     fid    th t th                ill
    have to layoff 200 workers.
•   Luckily, your job won’t be affected.
•   But, a rumor is now circulating in the plant and one of your workers
    (an old friend) asks you “Is the plant closing? Am I going to lose job?
    What will you say?
•   This is a true ethical dilemma, because two values are in conflict.
    Two “right” values that can create the significant conflicts are “truth
           y y
    and loyalty”.
•   Telling the truth to your friend means that you have to break your
    promise to be loyal to the company that has treated you so well.
Steps of Evaluating Ethical Dilemmas
                 Theories can be Applied in the Layoff
•   Focus on Consequences (Consequentialist Theories):
    Utilitarianism is probably the best know consequentialist theory. According to the principle of utility,
    an ethical decision should maximize the benefits to society and minimize harms.
    What matters is the net balance of good consequences over bad. What will be the consequences
    (
    (societal harms and benefits) of my telling/not sharing what I know about the layoff?
                                   )     y    g           g                          y
•   Focus on Duties, Obligations, and Principles (Deontological Theories):
    The word “deontological” comes from the Greek deno or duty, rather than focus on consequences,
    it approaches would ask,quot; what's right on broad, abstract universal principles such as honesty,
    promise keeping, fairness, rights, justices and respect to persons and property.
    This model of thinking asks whether the rationale for you actions (telling/not telling) is suitable to
    become a universal law or principle for every to follow.
•   Focus on Integrity (Virtue Ethics):
    A Virtue ethics perspective considers primarily the actor’s character, motivations, intentions, and
    actor’s character and integrit as well. And character is very much defined b ones’ comm nit
                           integrity     ell                   er m ch           by        community.
    Therefore, it’s important to think about the community and communities within which business
    people operate.
    What matters is are you a person of integrity? What if the community has not done this type of
    thinking? What’s the relevant community standards?
Eight Steps To Sound
     Ethical Decision Making In Layoff
1.
1    Gather th F t
     G th the Facts:
•    Asking yourself, “How did the situation occur?
•    Are there historical facts that I should know?
•    Are there facts concerning the current situation that I should know
     such as legal requirements on informing workers about layoff?”
     Even fact gathering is often easier than done. Many ethical choices are
                                                done
     particularly difficult because of the uncertainty involved in them.
      Facts may simply be unavailable. In this layoff, Pat may not have good information about
     legal requirements on informing workers about layoff; Also may not have enough information to

     determine how long it will take these 200 workers to find new jobs.
     根據權利理論,辭退員工或關閉工廠,决策者必須考量失業工人擁有的謀生權、對
     離職或工廠倒閉的知情權以及管理者職權範圍內的決策自由權。
     But, recognizing these limitation, you still should attempt to assemble the
     facts that are available to you before proceeding.
                                 y          p          g
What’s Legal be Ethical?
                    Legal is society’s minimum conduct

• What is legal may be
  unethical.
• L i off th
  Laying ff thousands of
                      d f                                    Ethics
  employees in the name of
  M&A/downsizing is legal
                       legal,
• But it is widely viewed as                                   Law
  u e ca
  unethical
  (Source: S. Puffer & D.McCarthy, 1995,   If we think of the law as reflecting society’s
  Finding the common ground in             minimum norms and standards of business
                                           conduct, we can see that there is a great deal
  Russian ad American business ethics;;    of overlap between what’s legal and what’s
                                                                 what s           what s
  B. Victor & C. Stephens, 1994, The       ethical. But there are many standards of
  dark side of the new organizational      conduct agreed upon by society that are not
  forms.)                                  codified in law.
2. Define the Ethical Issues
                         Truth VS Loyalty, Right VS duty

•   Don’t jump to solutions without first identifying the issues or points of conflicts
    in the dilemma.
•   It’s not so easy as “Pat should keep promise to her boss and protect her job, or she
    should tell the truth to her friend.”
•   The issues often go back to such as deontological 權利理論 (focus on rights and
    duties of human nature),功利理論 Utilitarianism,( focus on total benefit>total harm) ,
    or公正理論virtue Ethics (Integrity) theories ,focus on fairness and justice. .
•   In layoff one issues has to do with the workers’ right to know about the plant closing
        layoff,                             workers
    in advance. How much advance notice is appropriate? What does the law say?
•   Another issue has to do with the company’s right to keep the information private.
    What is the company’s obligation to its workers in this regard? Is it more important to
    be honest with a f i d or t k
    b h         t ith friend to keep a promise t one’s b
                                              i to      ’ boss? ?
•   What’s more, you may miss some other important issues. To present your dilemma to
    co-workers, to your spouse or to your friends you respect is a good way.
3. Identify the Affected Parties
                        Shareholder VS Stakeholder

•   Once stakeholders are identifies role playing can help you to see the
                            identifies, role-playing
    issues from different stakeholders perspectives.
•   The consequentialist will want to identify all those who will experience
    harms and benefits.決策者要考量所有可能取得的利益(如公司營業效率及利益是否
    因之提昇)及可能的代價(員工辭退及當地經濟活動減少的衝擊)
•   The deontologist might want to know whose rights are involved and who
    has a duty to act in the layoff.
•   Being able to see the situation through others’ eyes is a key moral
    reasoning skill. One question you could ask yourself is, how could this or
    that stakeholder react if this decision were made public?
•   It often helps to begin with the i di id l i th case who are i
        ft h l t b i          ith th individuals in the      h      immediately
                                                                         di t l
    affected (Pat, the worker, Pat’s boss);
•   An then to progressively broaden your thinking to incorporate larger
    groups( th other workers, th local community, th rest of th company,
            ( the th       k      the l   l          it the  t f the
    and society in general.拫據公正理論:決策者必須考量收益分配(公司及投資荐)以
    及成本(失業員工和當地社區) ,為了公正公平,公司應考量失業員工利益而增付一定
    額外成本用以訓練或介紹新職位。
    額外成本用以訓練或介紹新職位
4. Identify the Consequences
                positive and negative: long-term vs. short-term

•   After identifying the affected parties think about the
                                      parties,
    potential (positive and negative), (long-term vs. short-term)
    consequences for each of the parties.
•   It isn’t necessary to identify every possible consequence.
•   But, you should try to indentify consequences that have a
    relatively high possibility of occurring and those that would
    have particularly consequences if they did occur.
•   And Who will be harmed by a particular decision or action? In the layoff case telling
                                                                                 case,
    the truth to the worker might cause Pat to lose her job, which will have negative
    consequences for her entire family. However, it will give her workers the benefit of
    more time to look for new job, perhaps saving many families from negative financial
    consequences.
            q
•   Can you determine which solution would accomplish the most net good (the greatest
    good for the greatest number of people? Would telling a lie to your friend benefit the
    most people? Or would it be better for all affected parties if you tell the truth?
•   And evaluate which decision or action will produce the greatest good for the greatest
    number of people.
5. Identify the Obligations
                   If You’re Pat, How Could You Do?

•   Identify the obligations involved and the reasons for each In layoff
                                                           each.
    for instance, consider Pat’s obligation toward the affected parties,
    and be sure to state the reasons why she has this duty and
         g
    obligation.
•   Think in terms of values, principles, character, or outcomes.
•   For example, if you consider Pat’s obligation to keep her promise to
    her boss, since promising-keeping and trust are important values in
              ,       p        g    p g                  p
    superior/subordinate relationships.
•
•              Obligations may very depending on the p p involved
                     g         y   y p          g         people
•              and the roles they play. For example, since the truth of
•              financial report and scientific date is core, so, the auditor
•              and the scientist have a particularly strong obligation to
•              tell the truth.
6. Consider Character and Integrity
                 If uncomfortable to tell your family, Rethink it


•   You have to begin by identifying the relevant community. Then, you
    have to determine how community members will evaluate the
    decision you’re considering
              you re considering.
•   A method that can help you with this process is know as “the
    disclosure rule”
•   It asks whether you will fell comfortable if your activities were
    disclosed in the light of day in a public forum and news medium.
•   If you will be embarrassed to have someone read about your
    activities in newspaper—or if you will be uncomfortable telling y
                      p p           y                                g your
    parents, children, spouse, or clergy about your decision—you
    probably should rethink it.
Being ethical is not the same as
               doing quot;whatever society accepts.quot;

• St d d t which most citizens subscribe. B t l
  Standards to hi h          t iti        b ib But laws,
  like feelings, can deviate from what is ethical.
• Our own pre-Civil War slavery laws and the apartheid
  laws of present-day South Africa are grotesquely
  obvious examples of laws that deviate from what is
  ethical.
    thi l
• Finally, being ethical is not the same as doing quot;whatever
  society accepts quot; In any society, most people accept
           accepts.          society
  standards that are, in fact, ethical. But standards of
  behavior in society can deviate from what is ethical. An
  entire society can become ethically corrupt. Nazi
      ti     i t      b            thi ll      t N i
  Germany is a good example of a morally corrupt society.
Being e ca is not the sa e as
    e g ethical s o e same
             doing quot;whatever society accepts.quot;

• M
  Moreover, if being ethical were d i quot; h t
                b i     thi l      doing quot;whatever society
                                                        i t
  accepts,quot; then to find out what is ethical, one would have
  to find out what society accepts. To decide what I should
                          y      p
  think about abortion,
• Further, the lack of social consensus on many issues
  makes it i
      k     impossible t equate ethics with whatever
                    ibl to      t thi      ith h t
  society accepts. Some people accept abortion but many
  o es
  others do not.
               o
• If being ethical were doing whatever society accepts,
  one would have to find an agreement on issues which
  does not, i f t exist.
  d        t in fact, i t
7. Think Creatively Potential Actions
                      y
                      Is there another answer?


•   Before making a final decision, be sure that you haven’t
    unnecessarily forced yourself into a corner.
•   If you have only two choices, either “A” or “B”, it’s important to look
    for other creative alternatives.
•   For example, will you receive an extravagant gift from a foreign
    supplier. Should I accept the gift (
           li Sh ld            t th ift (against company policy), or refuse
                                             i t             li )        f
    it (slap in the face). The “C” solution was to accept the it as the
    company gift that will be displayed in the headquarters entrance.

    How about in this layoff? Do you have another “C”?
8. Check Your Gut
                     Intuition is gaining credibility

•   Intuition is gaining credibility as a source for good business decision
    making.
•   In ethical choices, If your gut is bothering you, it probably means
    that something is not right Pay attention to your gut but don’t let
                            right.                       gut, but, don t
    your gut make your decision for you.
•   Your gut is your internal warning system. The gut never lies. When
    y
    your g tells y something’s wrong, consider it a warning siren.
          gut      you             g       g,                      g

    The emphasis in these steps has been on a highly rational fact
    g
    gathering and evaluation p
             g                  process once y know that y
                                               you            you’re faced
    with an ethical dilemma.
    But don’t forget your gut. It might be your only clue that you’re facing
    an ethical dilemma to begin with and it can be a source of empathy
    for th
    f those affected by a decision or action.
                ff t d b     d i i          ti
How to Manage The Grey Area
                     Vedan’s Application in Vietnam

•   Legal:
    L   l
    Is the action legal? Is it comfortable to be disclosed?
•   Mutual Benefits:
    Do the counterparts know the project’s advantages and disadvantages?
•   Truth:
    Show the figures and truths (examples)
•   Why we have to do that :
    Communicate with workable tactics and sincere mind.
•   Look for the long run:
    Don’t take the short medicine ( those you can not control and manage)
•   Catch the hand of knife by yourself: 100 % Shares
•   With workable master plan and promises: First Mover Strategy
Texas Instruments
 The Ethics Quick Test
                    Keep asking           IS THE ACTION
              until you get an answer         LEGAL ?




                                                   Does it comply with your best
If you’re not sure, ask.
      ’     t         k                                 understanding of
                                                            d t di       f
                                                    our value and principles?




     If you know it’s wrong,                           If you do it,
        Don’t do it, period!
                   ,p                               Will you fell bad?
                                                         y


                                How will it look
                               In the newspaper
Rotary International
                oay e a o a
                           Four-Way Test

                                  Is it the truth?




                                        Truth


                        Beneficial                       Fair
Will it be beneficial
                                                                Is it fair to all concerned?
 to all concerned       To All


                                     Good will
                                     Better Relationships

                               Will it build good will
                             and better relationships?
Practical Preventive Medicine
                     In Ethical Decision
            Source: Linda K. Trevino, Katherine A. Nelson,
             Wharton School, University of Pennsylvania
                      School


  There is no doubt that you’ll encounter ethical dilemma—
   every employee probably encounters hundreds of them
       during a career—the only thing in doubt is when.
Your mission is to be as prepared as possible before you run
    into a problem. The more informed you are, the more
 effective you ll be in protecting yourself and your employer.
           you’ll                                    employer
Doing Your Homework
                      When You Have Ethical Dilemma

•   First,
    First Read Your Company’s Code of Ethics and Policy Manual.    Manual
    The best way to be effective in ethical decision is to learn the rules of your
    organization and your profession, and to develop relationships that can help
    y
    you if and when the need arises.
•   Second, ask questions.
    Managers, executives, and peers will admire your initiative when you ask
    what they think is “important around here” since many organizational
    standards are unwritten and they differ from company to company
                                                                company.
•   Finally, develop relationships with people who are outside of your
    chain of command.
    Get to know people in human resources or p
                   p p                           personnel, legal, audit, and in
                                                             , g ,       ,
    other departments who might be able to provide information, help you raise
    an issue or determine if something even is an issue, or vouch for your
    credibility in a crisis.

    Suggestion: After you’ve done your homework, and if you learned that your,
    your employer’s, and your company’s standards and values are in
    substantial conflict, you may have to look for work in another organization.
When You’re Asked to
                   e ou e s ed o
                            Make a Snap Decision
•    Obviously, making d i i
     Ob i       l     ki decisions quickly can b d
                                        i kl       be dangerous.
•    Assume you have some time to devote to the decision, consider the
     following guidelines when a quick decision seems called for:
    1. Don’t underestimate the importance of a hunch (presentiment, rather think)
     to alert you that you’re facing an ethical dilemma.
    2. Ask for time to think it over. Say something like, “let me think about it and
                                        y           g     ,
     I’ll get right back to you.” “Bargaining for time is a smart way to give yourself
     a break.”
    3.Find out quickly if y
                  q    y your organization has a p
                                  g                 policy that applies to y
                                                         y       pp        your
     decision.
    4. Ask your manager or your peers for advise. Regardless of your level within
     the organization, you should never hesitate to ask for another opinion.
    5. Use The New York Times test. If you’d be embarrassed to have your
     decision disclosed in the media or to your family, don’t do it.
To Be, or Not To Be
             It’s really a headache to your ethical decision

•    Suppose:
    1.You’re upgrading your department’s data processing capabilities and have just
      placed an order for 4 personal computers and 2 laser printers with a computer
      company’s representative.
    2. When you mention that you wish you had a printer at home like the ones you just
      ordered, the representative tells you that because of your larger order, she can give
      you a 50% discount on a printer for your home. However, all items must be ordered
      new.
    3. You fell that this is t it i ht but
    3 Y f ll th t thi i not quite right, b t you’re not sure why.
                                                  ’   t       h
•    Questions and Doubts:
    1.He could have real doubt about whether or not to accept a 50% discount on a printer
     for his home. Even though, he feels funny about the offer, he might be thinking that
     he does a lot of work at home, so accepting a personal printer could be justified.
    2. And, since the computer representative made the offer after the order was placed,
     there’s not conflict of interest—his decision to purchase wasn’t influenced by the offer
     of a discount.
    3. If it was you, what and how you can do?
The Prescriptive Approaches
                       You may be able to take
Step                       Actions to Take
Don’t underestimate the    Listen to the gut. When your gut tells you something is wrong and
Importance                 doubt, consider it a warning.

Ask the time to think it   Stall the company representative by telling her, he will get back to
over                       her later in the day or tomorrow

Read Company Policy        Find out what’s the company’s saying about making purchase.
                           Does company allow personal discounts?
Ask your manager or your   Ask for another opinion
peers for advice
Use The New York Times     Ask yourself how would the public react to this decision? Someone
test                       might believe that the order was influenced by the discount, if it’s not
                           absolutely true, but hard to convince other.
The Bottom Line            If you think that your decision could be misinterpreted or if someone
                           could think the objectivity of your decision has been compromised.
Rethink The Decision       If you ever feel that accepting a favor from a vendor will place you
                           under an obligation to the vendor, be very careful.
Twelve Questions for Examining
          the Ethics of a Business Decision
              Laura L. Nash, Harvard Business School Professor

•   Have you defined the problem accurately?
•   How would you define the problem if you stood on the other side of the
    fence?
•   How did this situation occur in the first place?
•   To whom and to what do you give your loyalties as a person and as a
    member of the corporation?
•   What does this intention compare with they likely results?
•   Whom could your decision or action injure?
•   Can you engage the affected parties in a discussion of the problem before
    you make your decision?
•   Are you confident that your position will be as valid over a long period of
    time as it seems now?
•   Could you disclose without qualm your decision or action to your boss, your
    CEO, the board of directors, your family, or society as a whole?
                                  y           y         y
•   What is the symbolic potential of your action if understood, if misunderstood?
•   Under what conditions would you allow exceptions to your stand?
The Topic We Will Discuss
•   The N
    Th New Business Ethics And Today’s Mangers: Th Ethical Skills
                B i      E hi A d T d ’ M             The E hi l Skill
    of the New Information Society.
•   Changing is the reality of business world; nevertheless, the ethics
            g g           y                  ;             ,
    even the content in depth might be varied somehow, but the values
    still remain the unchangeable.
•   See you next Monday
                   Monday.

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  • 1. NTUST MBA Forum How to Thinking & g Making Decision Ethically Through Pragmatic & Systematic Approach 迎向道德之路的實務性思考與系統性方法 Professor Andrew B.C. Huang National Taiwan University of Science And Technology Management School huang.porf@gmail.com huang porf@gmail com 2008 Winter
  • 2. Summary • Even we’re not prisoners, b t th same dil E ’ t i but the dilemmas h happen when situations h it ti having two or more values, rights, or obligations in conflict, and we’re frequently had to choose between or among equally unpleasant alternatives. • Prisoner's Dilemma shows that we even as a rational person, but when facing a unknown decision of others, will be confused to choose not the best and rational alternatives. • There’s no doubt that you’ll meet ethical dilemmas—every employee probably meets hundreds of times during a career—the only thing in doubt is when. • How could we do to this conflicts? The more informed you are, the more effective you’ll be in managing the ethical problems. • We will discuss a pragmatic approach and p p g pp practical decision-making tools g that you can use to the ethical dilemmas.
  • 3. Outline • The fundamental problems in identifying the ethical standards; • Th questions f examining th ethics of a b i The ti for i i the thi f business decision; • The pragmatic and practical approaches and decision decision- making tools; • Three Examples of Application. Application
  • 4. Learning Objectives • Understand ethics as a practical and useful tool for making decision; • Assess the ethics of a business using the influential frameworks of famous scholars; • Know how to Manage and make the business decisions ethically.
  • 5. Prisoner's Dilemma A problem in game theory • In its quot;classicalquot; form the prisoner s classical form, prisoner's dilemma (PD) is presented as follows: – Two suspects are arrested by the police. The police have insufficient evidence for a conviction, and, having , , g separated both prisoners, – visit each of them to offer the same deal. – If one testifies (quot;defectsquot;) for the prosecution against the other and the other remains silent, the betrayer goes free and the silent accomplice receives the full 10-year sentence. – If both remain silent, both prisoners are Prose- Cooperate Defect sentenced t only six months i j il f t d to l i th in jail for a minor charge. cution Prisoner A Prisoner A – If each betrays the other, each receives a five-year sentence. Cooperate Sentence Sentence – Each prisoner must choose to betray Prisoner B 3.3. 3 3 years 0.10 0 10 the other or to remain silent. Each one is assured that the other would not Defect know about the betrayal before the end Sentence Sentence of the investigation. How should the Prisoner B 10.0 10.10 prisoners act?
  • 6. Trust & Information is the Key Why individual Rationality Fail • If we assume that each player prefers shorter sentences to longer ones, th t h l f h t t t l and that each gets no utility out of lowering the other player's sentence, and that there are no reputation effects from a player's decision, then the prisoner's dilemma forms a non ero s m game in which t o pla ers ma non-zero-sum hich two players may each quot;cooperatequot; with or quot;defectquot; from (i.e., betray) the other player. • In this game, as in all game theory, the only concern of each individual player (quot; i l (quot;prisonerquot;) is maximizing hi /h own payoff, without any concern f quot;) i i i i his/her ff ith t for the other player's payoff. • The unique equilibrium for this game is a Pareto-suboptimal solution—that is, i i rational choice l d the two players to b h play d f t even though l h i leads h l both l defect h h each player's individual reward would be greater if they both played corporately. • One experiment based on the simple dilemma found that approximately 40% of participants played quot;cooperatequot;
  • 7. What Does Ethics Mean to You Sociologist Raymond Baumhart asked business people quot;What does people, ethics mean to you?quot; Among their replies were the following: • quot;Ethics has to do with what my feelings tell me is right or wrong.quot; • quot;Ethi h t d with my religious b li f quot; quot;Ethics has to do ith li i beliefs.quot; • quot;Being ethical is doing what the law requires.quot; • quot;Ethics consists of the standards of behavior our society accepts.quot; • quot;I don't know what the word means.quot; These replies might be typical of our own. The meaning of quot;ethicsquot; is hard to pin down, and the views many people have about ethics are p , yp p shaky. (Developed by Manuel Velasquez, Claire Andre Thomas Shanks, Velasquez Andre, Shanks S.J., and Michael J. Meyer )
  • 8. Professor Gardner’s Argument g on the Ethical Mind • The Harvard Business Review of March 2007 contains an interview worth reading with Harvard Graduate School Professor of Cognition and Education Howard Gardner. Gardner became well known by his 1983 book , in which he argued that people don't have one, but multiple intelligences: linguistic, logical-mathematical, spatial, bodily- kinesthetic, musical, interpersonal and intrapersonal intelligence. Likewise, Gardner now proposes to distinguish between : • The Disciplined Mind - What we gain through applying ourselves in a disciplined p g g pp y g p way in school. • The Synthesizing Mind - Surveys a wide range of sources, decides what is important and is worth paying attention to. • The Creating Mind - Looks for new ideas and practices, innovates, takes chances, g p , , , discovers. • The Respectful Mind - The kind of open mind that tries to understand and form relationships with other human beings. • The Ethical Mind - Broadens the respect for others (see 4) into something more abstract. Asks: quot;What kind of a person, worker, and citizen do I want to be?quot;
  • 9. The Ethical Mind More difficult for businessmen to adhere to an ethical mind • The Ethi l Mi d Th Ethical Mind grows at home and in the surrounding community. B d b h i of others can th d i th di it Bad behavior f th undermine it. • Gardner mentions cheating MBA students as an example of this undermining, and thinks that it is more difficult for businesspeople to adhere to an ethical mind than it is for other professionals, because business is strictly not a profession, has no guild-structure, no professional model, no standards and no penalties for bad behavior. The only requirement is to make money and not run afoul of the law. • In order to stay on the right track, Gardner advises business leaders to: y g • Believe doing so is essential for the good of the organization, especially during difficult times. • Take the time to step back and reflect about the nature of their work. • Undergo quot;positive periodic inoc lationsquot; being forced to rethink what you're doing quot;positi e inoculationsquot;, hat o 're doing. • Use consultants, which should include a trusted advisor within organization, the council of someone completely outside the organization (an old friend), a genuine independent board. See also the related website The Good Work Project, an quot;effort to identify individuals and institutions that exemplify good work— that is excellent in quality, socially responsible, and meaningful to its practitioners—and to determine how best to increase the incidence of good work in our society
  • 10. Identifying Ethical Standards It’s Hard Or Easy? • There are two fundamental problems in identifying the ethical Th t f d t l bl i id tif i th thi l standards: 1. On what do we base our ethical standards? 2. 2 If our ethics are not based on feelings religion, law accepted feelings, religion law, social practice, or science, what are they based on? 3. How do those standards get applied to specific situations we face? • Many philosophers and ethicists have helped us answer this critical question. • They have suggested at least five different sources of ethical standards we should use. But it is still hare to identify.
  • 11. 3 Approaches of Evaluating Ethic 倫理分析的三種方法 Approach A h Factors F Condition C di i Limitation Li i i Utilitarian Comparative Net benefit > Quiet hard to measure the social cost 功利理論 cost and net cost and minority benefit always not been benefit 淨收入>淨成本 treated well enough 比較成本和效益 難以測定一些関乎人類和社會的成本,也可 能犧牲少數人的利益 Rights and Human rights common Hard to balance the conflict of rights Duty 尊重權利 human rights The ethical action is the one that most dutifully respects the rights of all affected. 倫理價值中的分母 基本人權:生命、安 權利 難以平衡衝突性的權利 倫理的基本條件 全、信仰、知情、 隱私、言論、財產 與正當程序等 Justice and Fairness and Fairness of Cost Hard to measure the cost and benefit, and share benefit, and short of the mutual understanding about Fairness fairness. 難以掌握對公平分配的共識 Share 公正 公平分配 The ethical action is the one that embodies the 收益成本的公平 habits and values of humans at their best. 分攤/分配
  • 12. Differences Between Utilitarian & Justice One Total Whole, and One Each of Whole Theory Difference A a whole, in one group of the affected parties, totally, the Utilitarian net benefits >the net harms or net profits>net costs Each one of the affected parties, especially for an individual, Justice whose last share is fair, comparing the benefits and costs. p g Justice Theory: The Fairness of Sharing • E l Employees: A th salary of each f i with reasonable diff Are the l f h fair ith bl difference?? • Consumers: Are the prices of products they bought fair without unendurable differences? • Taxes: Is each individual fair with no difference in one affected group?
  • 13. Preferred Ethics and Interests 優位道德與利益 • Source from Preferred Freedoms(優位自由) of laws, it happens when the freedoms in laws conflict, and then which one will be preferred than the others. • In law, the freedoms include: 1. Equality and Democracy: non-discrimination; 2. Freedom of Contract: Bargaining position’s unfairness due to its originality of power. Antitrust and restrictive trade practices; Standard-form Contract. 3. The Right of Property; 4. The Right of Association; Public order Act; g ; ; 5. Freedom of Labor: 6. Freedom from Want and Social Security; 7. Freedom of Speech and of the Press; Limit of Tolerance忍耐極限,民主政府對於某 些特定團体挑撥不滿情緒時所能忍受之最大程度。The privacy of information source. source 8. Freedom of Religion; 9. Personal Freedom;人身自由包括任意旅行、納拒聘僱與擇地而居的自由。 10. The Rule of Law;法冶指 due process of law (法律正當程序),包括司法獨立與任何 人除非觸犯適當公佈的特定法律,否則不受刑事處罰、公平與迅速審判、警察獲取口 人除非觸犯適當公佈的特定法律 否則不受刑事處罰 公平與迅速審判 警察獲取口 供方法之司法節制、被捕在押候審時之對被告提供適適法律辯護保障。
  • 14. Making Good Decisions A Framework by Markkula Center • Making M ki good ethical d i i d hi l decisions requires a trained sensitivity to ethical i i d ii i hi l issues and a practiced method for exploring the ethical aspects of a decision and weighing the considerations that should impact our choice of a course of action. • Having a method for ethical decision making is absolutely essential. When practiced regularly the method becomes so familiar that we regularly, work through it automatically without consulting the specific steps. This framework for thinking and working ethically is the product of dialogue and debate at the Markkula Center for Applied Ethics at Santa Clara University. Primary contributors include Manuel Velasquez, Dennis Moberg, Michael J. Meyer, Thomas Shanks, Margaret R. McLean, David DeCosse, Claire André, and Kirk O. Hanson. This article appeared originally in Issues in Ethics, V. 1, N. 2 (Winter 1988).
  • 15. Putting Approaches Together • Each of the approaches helps us determine what standards of behavior can be considered ethical. There are still problems to be solved, however. • The first problem is that we may not agree on the content of some of these specific approaches. We may not all agree to the same set of human and civil rights. • We may not agree on what constitutes the common g y g good. We mayy not even agree on what is a good and what is a harm. • The second problem is that the different approaches may not all answer the question quot;What is ethical?quot; in the same way. • Nonetheless, each approach gives us important information with which to determine what is ethical in a particular circumstance. And much more often than not, the different approaches do lead to similar answers answers.
  • 16. Ethical Decision Could Be A Rational and Logical Process—Down to Up Evaluate the Action Plan Make the Decision (Select the Action Plan) Explain the Results (How Should I Do?) Predict the Possible Results (What Will Happen?) Propose the Tactics (What Can I Do?) Get the Facts Collect Relevant Information (Identify the Truth) Source: Steven L. Wartick & Donna T. Wood, International Business and Society 2002 Society,
  • 17. Recognize an Ethical Issue 1. Is there something wrong personally, interpersonally, or socially? Could the conflict, the situation, or the decision be damaging to people or to the community? 2. Does the issue go beyond legal or institutional concerns? What does it do to people, who have dignity rights and people dignity, rights, hopes for a better life together?
  • 18. Get the Facts 3. What 3 Wh t are th relevant f t of the case? What facts are the l t facts f th ? Wh t f t unknown? 4. 4 What individuals and groups have an important stake in the outcome? Do some have a greater stake because they have a special need or because we have special obligations t th ? bli ti to them? 5. What are the options for acting? Have all the relevant persons and groups been consulted? If you showed your list of options to someone you respect, what would that person say?
  • 19. Evaluate Alternative Actions From Various Ethical Perspectives 6. Which option will produce the most good and do the least harm?
  • 20. Utilitarian Approach: The ethical action will produce the greatest benefits over harms 7. Even if not everyone gets all they want, will everyone's rights and dignity still be y g g y respected? Cost-Benefit Analysis: Institutional decision-making processes can powerfully influence the decisions that are made by individuals or groups.
  • 21. Rights Approach: g pp The ethical action is the most dutifully respects the rights of all affected 8. 8 Which option is fair to all stakeholders?
  • 22. Fairness or Justice Approach: pp The ethical action is the one that treats people equally, or if unequally, that treats people proportionately and fairly. • 9. Which option would help all participate more fully in the life we share as a family, y y, community, society?
  • 23. Common Good Approach: The thi l ti Th ethical action is the one that contributes most to i th th t t ib t tt the achievement of a quality common life together. 10. Would you want to become the sort of person who acts this way (e.g., a person of courage or compassion)?
  • 24. Make a Decision and Test It 11. Considering all these perspectives, which of the options is the right or best p g thing to do? 12. 12 If you told someone you respect why you chose this option, what would that person say? If you had to explain your decision on ? f television, would you be comfortable doing y g so?
  • 25. Act, Then Reflect on the Decision Later 13. Implement your decision. How did it turn out for all concerned? If you had it to do over again, what would you do differently?
  • 26. No One Is Perfect In Every Situation We don’t have a perfect solution. We certainly won’t resolve the academic controversies over the best philosophical approaches, even they will suggest important factors to keep in mind in making b i i t tf t t k i i di ki business ethics d i i thi decisions. Eight Steps to Sound Ethical Decision Making Ethical decision making is often not liner. But it will be helpful to recover all of these points even if not in this sequence points, sequence. Source: Kinda K. Trevino, Katherine A. Nelson, Managing Business Ethics: Straight Talk About How To Do It Right The Wharton School, Right, School University of Pennsylvania, 1995
  • 27. Eight Steps to Sound Ethical Decision Making In Business 1.Gather the Facts 8.Check Your Gut 2.Define the Ethical Issues 7.Think Creatively 3.Identify the about Potential Actions Affected Parties 6.Consider Your 4.Identify the Character and Integrity Consequences 5.Identify the Obligations
  • 28. The Layoff: An Easy Job e ayo asy Job? Your Painful Decision Last to Come • Your boss j t t ld you i complete confidence that the company will Y b just told in l t fid th t th ill have to layoff 200 workers. • Luckily, your job won’t be affected. • But, a rumor is now circulating in the plant and one of your workers (an old friend) asks you “Is the plant closing? Am I going to lose job? What will you say? • This is a true ethical dilemma, because two values are in conflict. Two “right” values that can create the significant conflicts are “truth y y and loyalty”. • Telling the truth to your friend means that you have to break your promise to be loyal to the company that has treated you so well.
  • 29. Steps of Evaluating Ethical Dilemmas Theories can be Applied in the Layoff • Focus on Consequences (Consequentialist Theories): Utilitarianism is probably the best know consequentialist theory. According to the principle of utility, an ethical decision should maximize the benefits to society and minimize harms. What matters is the net balance of good consequences over bad. What will be the consequences ( (societal harms and benefits) of my telling/not sharing what I know about the layoff? ) y g g y • Focus on Duties, Obligations, and Principles (Deontological Theories): The word “deontological” comes from the Greek deno or duty, rather than focus on consequences, it approaches would ask,quot; what's right on broad, abstract universal principles such as honesty, promise keeping, fairness, rights, justices and respect to persons and property. This model of thinking asks whether the rationale for you actions (telling/not telling) is suitable to become a universal law or principle for every to follow. • Focus on Integrity (Virtue Ethics): A Virtue ethics perspective considers primarily the actor’s character, motivations, intentions, and actor’s character and integrit as well. And character is very much defined b ones’ comm nit integrity ell er m ch by community. Therefore, it’s important to think about the community and communities within which business people operate. What matters is are you a person of integrity? What if the community has not done this type of thinking? What’s the relevant community standards?
  • 30. Eight Steps To Sound Ethical Decision Making In Layoff 1. 1 Gather th F t G th the Facts: • Asking yourself, “How did the situation occur? • Are there historical facts that I should know? • Are there facts concerning the current situation that I should know such as legal requirements on informing workers about layoff?” Even fact gathering is often easier than done. Many ethical choices are done particularly difficult because of the uncertainty involved in them. Facts may simply be unavailable. In this layoff, Pat may not have good information about legal requirements on informing workers about layoff; Also may not have enough information to determine how long it will take these 200 workers to find new jobs. 根據權利理論,辭退員工或關閉工廠,决策者必須考量失業工人擁有的謀生權、對 離職或工廠倒閉的知情權以及管理者職權範圍內的決策自由權。 But, recognizing these limitation, you still should attempt to assemble the facts that are available to you before proceeding. y p g
  • 31. What’s Legal be Ethical? Legal is society’s minimum conduct • What is legal may be unethical. • L i off th Laying ff thousands of d f Ethics employees in the name of M&A/downsizing is legal legal, • But it is widely viewed as Law u e ca unethical (Source: S. Puffer & D.McCarthy, 1995, If we think of the law as reflecting society’s Finding the common ground in minimum norms and standards of business conduct, we can see that there is a great deal Russian ad American business ethics;; of overlap between what’s legal and what’s what s what s B. Victor & C. Stephens, 1994, The ethical. But there are many standards of dark side of the new organizational conduct agreed upon by society that are not forms.) codified in law.
  • 32. 2. Define the Ethical Issues Truth VS Loyalty, Right VS duty • Don’t jump to solutions without first identifying the issues or points of conflicts in the dilemma. • It’s not so easy as “Pat should keep promise to her boss and protect her job, or she should tell the truth to her friend.” • The issues often go back to such as deontological 權利理論 (focus on rights and duties of human nature),功利理論 Utilitarianism,( focus on total benefit>total harm) , or公正理論virtue Ethics (Integrity) theories ,focus on fairness and justice. . • In layoff one issues has to do with the workers’ right to know about the plant closing layoff, workers in advance. How much advance notice is appropriate? What does the law say? • Another issue has to do with the company’s right to keep the information private. What is the company’s obligation to its workers in this regard? Is it more important to be honest with a f i d or t k b h t ith friend to keep a promise t one’s b i to ’ boss? ? • What’s more, you may miss some other important issues. To present your dilemma to co-workers, to your spouse or to your friends you respect is a good way.
  • 33. 3. Identify the Affected Parties Shareholder VS Stakeholder • Once stakeholders are identifies role playing can help you to see the identifies, role-playing issues from different stakeholders perspectives. • The consequentialist will want to identify all those who will experience harms and benefits.決策者要考量所有可能取得的利益(如公司營業效率及利益是否 因之提昇)及可能的代價(員工辭退及當地經濟活動減少的衝擊) • The deontologist might want to know whose rights are involved and who has a duty to act in the layoff. • Being able to see the situation through others’ eyes is a key moral reasoning skill. One question you could ask yourself is, how could this or that stakeholder react if this decision were made public? • It often helps to begin with the i di id l i th case who are i ft h l t b i ith th individuals in the h immediately di t l affected (Pat, the worker, Pat’s boss); • An then to progressively broaden your thinking to incorporate larger groups( th other workers, th local community, th rest of th company, ( the th k the l l it the t f the and society in general.拫據公正理論:決策者必須考量收益分配(公司及投資荐)以 及成本(失業員工和當地社區) ,為了公正公平,公司應考量失業員工利益而增付一定 額外成本用以訓練或介紹新職位。 額外成本用以訓練或介紹新職位
  • 34. 4. Identify the Consequences positive and negative: long-term vs. short-term • After identifying the affected parties think about the parties, potential (positive and negative), (long-term vs. short-term) consequences for each of the parties. • It isn’t necessary to identify every possible consequence. • But, you should try to indentify consequences that have a relatively high possibility of occurring and those that would have particularly consequences if they did occur. • And Who will be harmed by a particular decision or action? In the layoff case telling case, the truth to the worker might cause Pat to lose her job, which will have negative consequences for her entire family. However, it will give her workers the benefit of more time to look for new job, perhaps saving many families from negative financial consequences. q • Can you determine which solution would accomplish the most net good (the greatest good for the greatest number of people? Would telling a lie to your friend benefit the most people? Or would it be better for all affected parties if you tell the truth? • And evaluate which decision or action will produce the greatest good for the greatest number of people.
  • 35. 5. Identify the Obligations If You’re Pat, How Could You Do? • Identify the obligations involved and the reasons for each In layoff each. for instance, consider Pat’s obligation toward the affected parties, and be sure to state the reasons why she has this duty and g obligation. • Think in terms of values, principles, character, or outcomes. • For example, if you consider Pat’s obligation to keep her promise to her boss, since promising-keeping and trust are important values in , p g p g p superior/subordinate relationships. • • Obligations may very depending on the p p involved g y y p g people • and the roles they play. For example, since the truth of • financial report and scientific date is core, so, the auditor • and the scientist have a particularly strong obligation to • tell the truth.
  • 36. 6. Consider Character and Integrity If uncomfortable to tell your family, Rethink it • You have to begin by identifying the relevant community. Then, you have to determine how community members will evaluate the decision you’re considering you re considering. • A method that can help you with this process is know as “the disclosure rule” • It asks whether you will fell comfortable if your activities were disclosed in the light of day in a public forum and news medium. • If you will be embarrassed to have someone read about your activities in newspaper—or if you will be uncomfortable telling y p p y g your parents, children, spouse, or clergy about your decision—you probably should rethink it.
  • 37. Being ethical is not the same as doing quot;whatever society accepts.quot; • St d d t which most citizens subscribe. B t l Standards to hi h t iti b ib But laws, like feelings, can deviate from what is ethical. • Our own pre-Civil War slavery laws and the apartheid laws of present-day South Africa are grotesquely obvious examples of laws that deviate from what is ethical. thi l • Finally, being ethical is not the same as doing quot;whatever society accepts quot; In any society, most people accept accepts. society standards that are, in fact, ethical. But standards of behavior in society can deviate from what is ethical. An entire society can become ethically corrupt. Nazi ti i t b thi ll t N i Germany is a good example of a morally corrupt society.
  • 38. Being e ca is not the sa e as e g ethical s o e same doing quot;whatever society accepts.quot; • M Moreover, if being ethical were d i quot; h t b i thi l doing quot;whatever society i t accepts,quot; then to find out what is ethical, one would have to find out what society accepts. To decide what I should y p think about abortion, • Further, the lack of social consensus on many issues makes it i k impossible t equate ethics with whatever ibl to t thi ith h t society accepts. Some people accept abortion but many o es others do not. o • If being ethical were doing whatever society accepts, one would have to find an agreement on issues which does not, i f t exist. d t in fact, i t
  • 39. 7. Think Creatively Potential Actions y Is there another answer? • Before making a final decision, be sure that you haven’t unnecessarily forced yourself into a corner. • If you have only two choices, either “A” or “B”, it’s important to look for other creative alternatives. • For example, will you receive an extravagant gift from a foreign supplier. Should I accept the gift ( li Sh ld t th ift (against company policy), or refuse i t li ) f it (slap in the face). The “C” solution was to accept the it as the company gift that will be displayed in the headquarters entrance. How about in this layoff? Do you have another “C”?
  • 40. 8. Check Your Gut Intuition is gaining credibility • Intuition is gaining credibility as a source for good business decision making. • In ethical choices, If your gut is bothering you, it probably means that something is not right Pay attention to your gut but don’t let right. gut, but, don t your gut make your decision for you. • Your gut is your internal warning system. The gut never lies. When y your g tells y something’s wrong, consider it a warning siren. gut you g g, g The emphasis in these steps has been on a highly rational fact g gathering and evaluation p g process once y know that y you you’re faced with an ethical dilemma. But don’t forget your gut. It might be your only clue that you’re facing an ethical dilemma to begin with and it can be a source of empathy for th f those affected by a decision or action. ff t d b d i i ti
  • 41. How to Manage The Grey Area Vedan’s Application in Vietnam • Legal: L l Is the action legal? Is it comfortable to be disclosed? • Mutual Benefits: Do the counterparts know the project’s advantages and disadvantages? • Truth: Show the figures and truths (examples) • Why we have to do that : Communicate with workable tactics and sincere mind. • Look for the long run: Don’t take the short medicine ( those you can not control and manage) • Catch the hand of knife by yourself: 100 % Shares • With workable master plan and promises: First Mover Strategy
  • 42. Texas Instruments The Ethics Quick Test Keep asking IS THE ACTION until you get an answer LEGAL ? Does it comply with your best If you’re not sure, ask. ’ t k understanding of d t di f our value and principles? If you know it’s wrong, If you do it, Don’t do it, period! ,p Will you fell bad? y How will it look In the newspaper
  • 43. Rotary International oay e a o a Four-Way Test Is it the truth? Truth Beneficial Fair Will it be beneficial Is it fair to all concerned? to all concerned To All Good will Better Relationships Will it build good will and better relationships?
  • 44. Practical Preventive Medicine In Ethical Decision Source: Linda K. Trevino, Katherine A. Nelson, Wharton School, University of Pennsylvania School There is no doubt that you’ll encounter ethical dilemma— every employee probably encounters hundreds of them during a career—the only thing in doubt is when. Your mission is to be as prepared as possible before you run into a problem. The more informed you are, the more effective you ll be in protecting yourself and your employer. you’ll employer
  • 45. Doing Your Homework When You Have Ethical Dilemma • First, First Read Your Company’s Code of Ethics and Policy Manual. Manual The best way to be effective in ethical decision is to learn the rules of your organization and your profession, and to develop relationships that can help y you if and when the need arises. • Second, ask questions. Managers, executives, and peers will admire your initiative when you ask what they think is “important around here” since many organizational standards are unwritten and they differ from company to company company. • Finally, develop relationships with people who are outside of your chain of command. Get to know people in human resources or p p p personnel, legal, audit, and in , g , , other departments who might be able to provide information, help you raise an issue or determine if something even is an issue, or vouch for your credibility in a crisis. Suggestion: After you’ve done your homework, and if you learned that your, your employer’s, and your company’s standards and values are in substantial conflict, you may have to look for work in another organization.
  • 46. When You’re Asked to e ou e s ed o Make a Snap Decision • Obviously, making d i i Ob i l ki decisions quickly can b d i kl be dangerous. • Assume you have some time to devote to the decision, consider the following guidelines when a quick decision seems called for: 1. Don’t underestimate the importance of a hunch (presentiment, rather think) to alert you that you’re facing an ethical dilemma. 2. Ask for time to think it over. Say something like, “let me think about it and y g , I’ll get right back to you.” “Bargaining for time is a smart way to give yourself a break.” 3.Find out quickly if y q y your organization has a p g policy that applies to y y pp your decision. 4. Ask your manager or your peers for advise. Regardless of your level within the organization, you should never hesitate to ask for another opinion. 5. Use The New York Times test. If you’d be embarrassed to have your decision disclosed in the media or to your family, don’t do it.
  • 47. To Be, or Not To Be It’s really a headache to your ethical decision • Suppose: 1.You’re upgrading your department’s data processing capabilities and have just placed an order for 4 personal computers and 2 laser printers with a computer company’s representative. 2. When you mention that you wish you had a printer at home like the ones you just ordered, the representative tells you that because of your larger order, she can give you a 50% discount on a printer for your home. However, all items must be ordered new. 3. You fell that this is t it i ht but 3 Y f ll th t thi i not quite right, b t you’re not sure why. ’ t h • Questions and Doubts: 1.He could have real doubt about whether or not to accept a 50% discount on a printer for his home. Even though, he feels funny about the offer, he might be thinking that he does a lot of work at home, so accepting a personal printer could be justified. 2. And, since the computer representative made the offer after the order was placed, there’s not conflict of interest—his decision to purchase wasn’t influenced by the offer of a discount. 3. If it was you, what and how you can do?
  • 48. The Prescriptive Approaches You may be able to take Step Actions to Take Don’t underestimate the Listen to the gut. When your gut tells you something is wrong and Importance doubt, consider it a warning. Ask the time to think it Stall the company representative by telling her, he will get back to over her later in the day or tomorrow Read Company Policy Find out what’s the company’s saying about making purchase. Does company allow personal discounts? Ask your manager or your Ask for another opinion peers for advice Use The New York Times Ask yourself how would the public react to this decision? Someone test might believe that the order was influenced by the discount, if it’s not absolutely true, but hard to convince other. The Bottom Line If you think that your decision could be misinterpreted or if someone could think the objectivity of your decision has been compromised. Rethink The Decision If you ever feel that accepting a favor from a vendor will place you under an obligation to the vendor, be very careful.
  • 49. Twelve Questions for Examining the Ethics of a Business Decision Laura L. Nash, Harvard Business School Professor • Have you defined the problem accurately? • How would you define the problem if you stood on the other side of the fence? • How did this situation occur in the first place? • To whom and to what do you give your loyalties as a person and as a member of the corporation? • What does this intention compare with they likely results? • Whom could your decision or action injure? • Can you engage the affected parties in a discussion of the problem before you make your decision? • Are you confident that your position will be as valid over a long period of time as it seems now? • Could you disclose without qualm your decision or action to your boss, your CEO, the board of directors, your family, or society as a whole? y y y • What is the symbolic potential of your action if understood, if misunderstood? • Under what conditions would you allow exceptions to your stand?
  • 50. The Topic We Will Discuss • The N Th New Business Ethics And Today’s Mangers: Th Ethical Skills B i E hi A d T d ’ M The E hi l Skill of the New Information Society. • Changing is the reality of business world; nevertheless, the ethics g g y ; , even the content in depth might be varied somehow, but the values still remain the unchangeable. • See you next Monday Monday.