Are Businessmen Smarter Than Children?

When I was in law school we were taught that when a business had to decide whether or not to break the law, if the penalty was a simple fine, you would just decide which was least expensive and pay that cost. So, if the fine were cheaper than your profits, break the law and pay the fine. I was always troubled by that, the assumption that a fine was just a part of doing business.
My perception is that this is major current of thought in modern business. Profit makes right, not as catchy as might makes right, but still probably what a great many businessmen have been taught, believe and put into action.
What does this have to do with my title? Excellent question. According to the research of Lawrence Kohlberg, children at around the age of ten progress to a higher level of moral understanding moving from consequence thinking to considering the intent behind the action. I quote:
At approximately the same time–10 or 11 years–children’s moral thinking undergoes other shifts. In particular, younger children base their moral judgments more on consequences, whereas older children base their judgments on intentions. When, for example, the young child hears about one boy who broke 15 cups trying to help his mother and another boy who broke only one cup trying to steal cookies, the young child thinks that the first boy did worse. The child primarily considers the amount of damage–the consequences–whereas the older child is more likely to judge wrongness in terms of the motives underlying the act (Piaget, 1932, p. 137).
So, catch my thought? When a businessman considers the costs of performing illegal or unethical acts only in the sense of money, he is reverting to the very first stage of moral development, that of less than a 10 year old child.
Now, there are six stages in Kohlberg’s theory:
1) Obedience and Punishment Orientation
2) Individualism and Exchange
3) Good Interpersonal Relationships
4) Maintaining the Social Order
5) Social Contract and Individual Rights
6) Universal Principles
Now, you could make a good argument that this kind of business thought (Milton Friedman, etc) actually falls into the second level where self interest and avoidance of punishment become primary concerns. However, making moral decisions at the second level of Kohlberg’s six stages is just about as insulting as reasoning at the first.
My second point is when business is considered only as a money making endeavor, all the other levels of moral development don’t just become irrelevant, they become a block and a hazard to making maximum profit.
People who hold values from the other four stages might very well have difficulty succeeding in a corporation.
Let’s look at level 3, Good Interpersonal Relationships.
They believe that people should live up to the expectations of the family and community and behave in “good” ways. Good behavior means having good motives and interpersonal feelings such as love, empathy, trust, and concern for others.
It might be difficult to evade taxes, shift jobs overseas, to fire employees who are too old, if you try to live up to these expectations. Now, that generally that is not much of a problem, because if you want to do these things, you can get people (once again, Milton Friedman) to tell you that what you are doing is right and true. Not only is doing these things not wrong, they are in the long term good for everybody and in the long term will contribute to a more successful and happier society.
Now, as someone who professes and teaches ethics, I might point out that using wrong doing and “ends justify the means” thinking is more likely to produce more wrong doing and “ends justify the means thinking” than it is to produce a “good” or “successful” society.
Level 4 thinking means a person begins to consider “society as whole” as a factor in moral decision making. Breaking the law, damaging the environment, treating people badly, acting in the interest of a foreign government or corporation or trading partner to the detriment of your own country, etc. are acts that damage society as a whole. A businessman willing to maximize profit at all costs with this level of moral development has to believe that the long term benefits of illegal and unethical actions will produce in the long term a better society or embrace simple villainy as a way of life.
At level 5, you are essentially talking a language modern business on the Friedman model may have serious difficulty understanding. A “good society” might very well be one where real people with real influence might seriously believe that it is easier for a camel to pass through the eye of a needle than for a rich man to enter the kingdom of heaven. What makes for a good society might in some people’s minds to be things other than money. If the “free market” solves all societal problems in the long term, other thought is just childish rubbish that must be tossed aside as part of the debris of history.
One of the reasons for the absence and continuing decline of moral values in American business is the lack in this society of individuals at the 6th level of moral development. Nothing could be more detrimental to the profit model of societal success than the proposition that there are universal principles by which a society should function. I read a lot and I promise you that the great thinkers, leaders and holy men of history have not been friendly to profit as a primary goal of the good society.
Kohlberg’s six levels of moral development give us insight into how we might consider thinking about ethical problems. Presumably it is better to think at a higher level than a lower one. If you accept that thought than an alarm bell should go off anytime a belief system calls for ignoring higher values and using the earlier ones.
(The quotes for this article are from W.C. Crain. (1985). Theories of Development. Prentice-Hall. pp. 118-136.) With my grateful thanks!

Best Ethics Blogs – Advocacy Groups 7/9/10

From the Blog, Minding the Workplace, hosted by David Yamada comes a posting discussing the increasing use of the phrase, “disgruntled employee,” in legal opinions. The use of the term is not an indicator of an unbiased judiciary. I worked in a factory as a much younger man. There was plenty to be upset about and describing me as a disgruntled employee would certainly have cheapened what I experiencee from gross unfairness on the part of my employer to the exaggerated feelings of an emotional worker. The facts of a case are the facts of the case. The use of such a term indicates more a preference for the sanctity of an economic class as opposed to a fair analysis of the circumstances of the case.

(David Yamada refers to the law professor Charles Sullivan in the article. Professor Sullivan’s blog is Workplace Prof Blog.)

The Ethics Resource Center has a new study on employee engagement. The Ethics Resource Center identifies itself as the oldest nonprofit organization devoted to high ethical standards in public and private institutions.

From the report : “The recent recession was a jarring reminder that efficiency and effectiveness are essential
to the survival of any organization and that employee engagement—the commitment employees feel toward their employing organization—is a critical part of the equation.”

One of the more interesting conclusions of the study was that employees who observed wrongdoing were less likely to be highly engaged employees (committed, dedicated workers). Many reports of this type are virtually impenetrable to the casual reader. This one is not.

Transparency International (The Global Coalition Against Corruption) in its corruption news section cites a Wall Street Journal report that an Italian oil and gas firm has been fined by the Securities and Exchange Commission $365 million for bribing Nigerian officials. This reference is one of dozens that are timely reports of international wrongdoing usually by corporations. It’s an excellent resource if you want to keep up with international corporate crime.

There are a good number of other moral advocacy groups on the web. I have several more listed that I read but they don’t do weekly or sometimes even monthly articles. Your suggestions are most welcome.

James Pilant

Business Ethics Newspaper Column Roundup 7/7/10

Edward Lotterman of the Pioneer Press discusses the economic fallacy of mercantilism.

Loren Steffy has a poll up – How long will Hayward remain as head of British Petroleum? I’d get on his site and vote if I were you. Stffey’s previous column speculates on whether or not Libya will acquire British Petroleum.

Jon Talton picks out the best of the writing on our current economic collapse.

Alain Sherter at BNET writes about the likelihood of a Chinese real estate crash. My Chinese students have been saying things to me along the same lines.

David Moon has some interesting thoughts on solving the debt crisis

New (unpaid) job title at CVS: Customer/cashier (via Minding the Workplace)

This comment on the automation of the coffee industry is excellent in its perception of the likely long term damage. This is a second re-blog for Yamada in a relatively brief time but I was struck by the column’s implications and decided to re-blog anyway. jp

One of my occasional stops on the walk from work to the subway is a CVS drugstore in downtown Boston.  Over the past few months, CVS has been installing more self-service checkout counters at this outlet, whereby the customers electronically ring up their purchases and provide payment, without the help of a cashier.  A CVS employee hovers around the self-service counters to help out the befuddled, such as me. Recently I walked in the store and wa … Read More

via Minding the Workplace

Business Ethics Blogging Roundup, 7/6/10

The web site, Engineering Business Ethics, offers a more technical perspective on the Gulf disaster. Good read.

Shel Horowitz at Principled Profit is on vacation until mid July. Hurry back, Shel!

Ethical Houston has a facebook page. Ethical Houston is a web site dealing with ethics from the Sojourners point of view. I want those of you with facebook pages to get to that site and “like” it. Good people and good sites need support. Let’s get our best effort out there!

Gael O’Brien writing in her blog, The Week in Ethics, discusses the concept of Conscious Capitalism. (Conscious Capitalism has its own web site.)

From her blog: Companies that practice conscious capitalism aspire to more than just turning profits; Trader Joe’s, Whole Foods, the Container Store and Stonyfield Farms are examples of successful companies that have a higher purpose. Their definition of stakeholder reaches beyond those who benefit directly from the company, to larger social and environmental purposes affecting society.

Chris MacDonald praises a web site from South Africa and its discussion of ethic from a risk management standpoint. I have a reblog of that up on my site.

Ethics and the SME (via The Business Ethics Blog)

Chris MacDonald has discovered a great South African column talking about business issues. I went and looked at several entries. If you want to look at business in a totally different regulatory, historical and cultural mind set, this is where to go.
Professor MacDonald cites the latest article about ethics. It’s discusses the ethical implications of risk management.

Here's a very nice short article on business ethics, with a particular focus on SMEs (small and medium enterprises). By Hendri Pelser, writing for Times Live (South Africa), Play fair and you will win: With the effects of the global credit crunch still with us, it is pertinent to consider business ethics – the lack thereof helped create the recession. But how does one approach business ethics? In the academic world, it is a philosophical discipli … Read More

via The Business Ethics Blog

Educating My Students – To What End?

I have students. I am college professor. Generally speaking in these very tough economic times, they come to school not for an education but to get that piece of paper they have been grandly told over and over again will get them a job. Oh, yeah, I guess that is confusing, going to school but not for an education. Let me explain.

We have a thing in America called No Child Left Behind, which makes the mammoth and bizarre claim that we can measure progress based on tests. That’s right, bizarre. I might agree with you if had some numbers correlating success with grades (and you don’t). Oh, there are some university studies, which since they develop their very own concept of what we might call success, don’t amount to anything useful. (If you get to decide what determines success for your own programs, you have a tendency to win.)

No Child Left Behind means that for a school to be determined to be successful (worthy of money from the State and the Feds), it has to have good test scores generated by its students. So, in pursuit of this, students are drilled relentlessly in the subjects to be tested. The school that drills its students longer and harder than the others is supposed to be improving. Since the primary indicator of grades is social and economic class, the scores fall into utterly predictable categories. Obviously there are variations. An inspired group of teachers can pump up test scores with skill and effort. But inspired teachers are just like inspired politicians, inspired architects, inspired pediatricians, etc. There are only so many per profession.

Now, you will find that there are people who say we can train teacher to be inspired in large numbers. That enthusiasm and a willingness to go beyond requirements should be the standard. This is nonsense. There are only so many inspired, truly dedicated individuals on earth and that’s it.

The effect over time of teaching to large scale tests is devastating. Students are conditioned not to think but to remember. The advent of the internet solves many problems of remembering and great deal of remembering is useless trivia. America needs thinkers and it’s as if we wish to exterminate them that we do this crazy testing. We have perverted the idea of education from developing human beings to the production of standard products as if on an assembly line. My students aren’t products, they are people. Human achievement is not measured by tests. No test will ever be a substitute for the real life measurements of success these people will produce.

It fills me with rage to look at what has been done to my students. I want thinkers, doers and patriots. What I get are rote learners, good passive students and bumper sticker patriots whose knowledge of the greatness of this nation is limited to the most trivial.

You see, there is a funny thing about these people, these students; they’re magnificent. When I look over my classes I don’t see A and B and C students. I see these people waiting to be told of the enormous power, potential and talent they each carry within them.

My students are the heart and soul of America. They are leaders of the next generation. They work hard. I don’t see the government of the United States lavishing care on these most vital people for the future of this country. There is more an attitude of how much we can make them financially obligated for the rest of their lives and make sure that they don’t escape paying a dime of it.

We need to figure out our priorities. If you truly desire a second rate society of “information” workers, if you truly believe that this country is merely a corporate resource to be disdained if the money is too dear and that only the “right” people should have a say in what happens, this educational system is perfect for you.

This is the United States of American. We can do better.

James Alan Pilant

State of the Nation – It’s About To Get Worse

The statistics coming in are generally aligned one way, they point down. We’ve had a rough ride so far and it’s going to get worse. The governments of the world are just reacting to the crisis and have no real concept of what to do. The United States government led by Barack Obama appears to have a vague idea that an economic stimulus might be a good idea. However, that same government has had no appetite for bold action and is unlikely to develop any.

We float between two eras. The line between the two time periods will be marked at the banking crisis of 2007-2009 (and the continuing economic crisis left in its wake) and the environmental disaster of 2010. There will be a different United States after these two crisis play themselves out.

Currently we are locked in a battle of ideas. I break them into two kinds. One set of ideas say that there are unchanging and permanent solutions to the economic and social problems we face. The other says that solutions differ with time, place and circumstance. I side for the most part with the second group.

I teach business law and business ethics at the college level. I try to explain to my students that there is no glorious past where everyone was good and obeyed the law, etc. The only promised land is the one we build ourselves. Currently the only promise we seem to feel of any importance is the promise of making money.

You see, if there is a glorious past in which everyone goes to church and everyone obeys the law and in which the nation is a “city on a hill,” then it follows that there are a set of beliefs that all we have to do is emulate. We duplicate the virtues and rules of these paragons of virtue and righteousness, and we become great.

One problem, there is no such time. American history is messy. A lot of people die, often for very little reason. A lot of people wind up suffering terrible discrimination for very little reason. And a lot of people are made to lives lives of pain because they believe something other than common beliefs, and very often, those unfashionable beliefs are the exact beliefs held by the majority now.

However, since there is a loud and vocal part in this country who believe virtue resides in a past America, history will just have to be rewritten. I went to Barnes and Noble on Saturday, and there they were, books explaining that the history of the United States was everything you’d want it to be, that is, if you believe in a kind of Disneyland/Hollywood view of the nation’s history. There is good money in “Disneylanding” history. I don’t want any of it myself. Reality is disgustingly painful, but I will do my best to live there.

If you don’t live in a world hoping for a return to an earlier American, you know, “Take America Back” style people, then you have to deal with current circumstances. The way forward is obscure and difficult. You can’t be sure what’s going to happen and what will work. It gives those advocating a return to the promised land an enormous advantage. They have certainty.

We live in a terrible time. It would be nice if things were simple. They are not. It would be nice if things were certain. They are not.

I do believe in ethics, right and wrong. There are definitely some eternal verities in ethical beliefs. However, the great nostrums I hear are seldom based on ethical principle. When “free market” economics takes on the trappings of religion, it is no more ethical an idea than it was before. When you discover that the founding fathers were all evangelicals and thus, America was based on the Christian religion, you aren’t ethical; you’re lying. When you say that killing, torture, stealing and lying are wrong, and that they always will be, you speak based on ethical principles and we are brothers and sisters under the skin.

I don’t know what is going to come. There is a lot of pain ahead. I believe current levels of unemployment, the highest in American history since the Great Depression, will continue through 2014. I do not believe our government is willing to deal with the challenges facing this country and that if they did, that they are not in any way competent to do so.

We are betwixt and between. Societies under these conditions change or shatter.

I think that what this web site is all about is doing the right thing. I firmly believe that if Americans try to do the right thing, not the greedy thing, the power thing or any thing other than just a sheer dogged devotion to acting as if our only end was what kind of world we would want to have after us, then we will get through this and have the kind of society that the righteous deserve. You get to live in the “City on the Hill” when you deserve it, not because you are supposed to have it.

James Pilant

HOW TO BECOME A SYSTEMS ANALYST (via Lizette Grace Sabanilla’s Blog)

Ms. Grace explains with commendable clearness the business of being a Systems Analyst and what that entails. To my delight she mentions a knowledge of business ethics in a positive light, not just as a painful and annoying course that one must get through. She has my appreciation. If System Analyst is your thing, a better into would be hard to find.
James Pilant

The World Wide Web is an everyday expanding system. Most businesses use the Web in order to exchange information and close deals because its scope is global so it’s easier to access information specially ones with international range, and it offers a 24-hour service so you can access it whenever you want. With the business world going digital, it’s quite natural for companies to hire computer experts and professionals to use technology to meet th … Read More

via Lizette Grace Sabanilla's Blog

No More Text Books?

No More Text Books?

A Georgia Legislator has introduced a bill to allow school districts the choice of buying electronic media instead of text books. (from the article) –  …the state Board of Education would have to sign off on the change to give local school boards the option of buying Kindles, iPads and other next-generation devices in lieu of bound books.

My question is not whether or not that this is the way children communicate now but whether or not it cuts cost. My principle concern is to cut the costs my students pay for textbooks. In Community College with relatively inexpensive tuition, textbook can account for more than a fourth of student costs. This is not fair.

I would like for the State of Arkansas to consider allowing the replacement of textbooks with electronic media with just such a measure but not just for school districts but for public colleges across the state.

Look at this news article:

James Pilant