Andy Hartropp: “Business Ethics: An Economically Informed Perspective” by Christopher L. & Matthias U.

Some of the toughest and most complex challenges faced by businesses and corporations in today’s world involve ethics and morality. This is in part why the study of business ethics has now become central in MBA and other programmes.  But the very complexity of these challenges, in an increasingly pluralized as well as globalized world, present a danger that companies lose sight of the big picture – failing to see the wood for the trees.

Lutge and Uhl seek to assist here by providing a comprehensive overview of the essential concepts of business ethics related to the economy as a whole.  At the same time, they offer a wide-ranging analysis of the issues and tools that corporations need to be aware of as they consider the ethical and moral dimensions of their activities.  So, this book – Business Ethics: An Economically Informed Perspective – is distinctive and helpful in the comprehensiveness of what it offers.

Lutge and Uhl are German-based scholars who evidently have deep knowledge in these very important areas – which cover a wide range of academic disciplines.  The quality of their English writing is very good, and the book will be a valuable resource both for companies (especially medium-size and large companies), as well as individuals who have senior-level responsibility.

The authors sometimes refer to their book as a ‘textbook’. However, my impression is that is more of a comprehensive survey than a teaching book as such.

Chapter 1 sets the scene by discussing briefly the phenomenon of globalization. The authors argue that globalization poses a challenge to virtue ethics: “It is an enormous challenge to find some plausible common ground” for a meaningful ethical dialogue “if a common denominator of values does not exist” (pages 13-14).  The authors propose that a more helpful approach is offered by order ethics: the focus here is more on rules than on values.  “The key idea of order ethics is to look out for strategies on the level of rules that enable win-win solutions for all affected parties” (page 14).  The authors return to this emphasis a number of times.

Chapter 2 provides a brief analysis of the relationship between ethics and economics. The authors interpret business ethics as ethics with an economic method.  This links to the book’s subtitle: An Economically Informed Approach. Lutge and Uhl argue that, from the point of view of business ethics, “production and distribution should be recognized as interdependent and therefore only discussed simultaneously” (page 26).  Similarly, “it is only in the interplay of ethical reflection and economically informed implementation that rules and institutions can be created that are resistant to exploitation and mutually beneficial” (page 31).

Chapter 3 surveys the development of business ethics thinking in the historical context of the distinction between premodern and modern companies. The authors include a brief survey of ethical teaching in the Bible and Christian thought, as well as Hinduism and Islam. They argue that the complexity of the 21st century world means that it is insufficient to have an ethics of behaviour: one must also think about the ‘ethics of conditions’, by which they mean the rules of competition (page 52). This chapter makes a strong case for the benefits of markets and competition.  It also argues that business ethics can to some degree be regarded as a form of risk management.  “Especially in an information society…it is in the company’s own interest not to ignore the moral dimension of its own actions” (page 37).

Chapter 4 is a more lengthy survey of key models and tools of business ethics and corporate ethics.  It consists of three sections: the first looks at philosophical foundations and tools, such as deontology and consequentialism and contractual concepts (e.g., the work of Hobbes, Kant and Rawls). The second section focuses on economic and social-science foundations and tools, such as the rational actor, dilemma structures (e.g., the ‘Prisoners’ Dilemma’) and the concept of utility.  These tools are applied to concepts of justice. The third section deals with psychological foundations and tools.  Major subjects considered here include the social intuitionist model of moral judgment and the concept of bounded ethicality: a perhaps unfortunate piece of jargon which essentially refers to the study of how and why ethical decision-making can be inconsistent and thus problematic – both on the part of individuals and organizations.

It would be fair to say that the evident breadth and depth of Chapter 4 means that it is not easy reading. But this chapter does illustrate the usefulness of the book as a comprehensive survey, and thus a tool for reference and reflection.

Chapter 5 looks in depth at some of the challenges of the modern globalized world, and seeks to show how these impinge on business ethics.  This chapter considers absolute poverty and relative poverty, and then evaluates the extent to which equality is a valid goal, in ethical terms.  The authors’ overall approach is reflected in the following words: “It does not make sense to construct a fundamental trade-off between freedom and equality.  Rather, there should be a search for win-win opportunities that improve all parts of society so that no group feels systematically left behind” (page 168).

Chapter 6 is the last and most comprehensive chapter in the book, and addresses a number of aspects of corporate ethics.  In doing so, it pays due attention to the fact that companies are key players in the globalized world.  Again, this book is seen to offer a very important survey of material and perspectives that are vital, especially for larger corporations.  A number of case studies are provided (in this and other chapters) which help to highlight the practical nature of the challenges and ethical issues.

Chapter 6 provides a detailed analysis of compliance – as a minimum ethical requirement – including the limits of compliance.  It then considers different perspectives on corporate responsibility, including the relationship between profit-maximization and ethical responsibility, and corporate ethics based on the role of ‘the honourable gentleman’ – this latter approach having been recently revived through, for example, the Harvard Business School: “As one of the world’s top management schools, it is providing a prominent stage for individualistic concepts and moral codes” based on honour (page 237).  The authors are, however, sceptical and critical of this development: the question arises as to how such an approach “can be implemented in concrete terms in the context of value pluralism. Even if it were possible to agree on certain values – at least within a certain cultural sphere – there would be obvious disparities in the actual evaluation and respective weighting of particular actions” (page 238).

The authors argue, instead, that the complexity of the modern world “requires the implementation of ethical values in the form of rules and institutions” (page 239).  However, it would seem that further thought is required here: unless there really is some given moral foundation for behaviour and conduct – such as that provided by the Christian faith – then any “implementation” of ethical values is ultimately lacking in foundation.  Even though today’s world evidently exhibits some degree of moral pluralism – and hence relativism – it is still surely possible to draw people together to engage in meaningful conversation about what is right and just.

Chapter 6 concludes with a survey of concepts of corporate social responsibility, including the importance of guarding against reputational risk and loss that can arise if companies fail to act in line with ethical principles. Once again, this illustrates the usefulness of the book as a comprehensive reference, to help guide companies, and those who have senior responsibility, through the complexities that surround business ethics.

 

“Business Ethics: An Economically Informed Perspective” by Christopher Lutge and Matthias Uhl was published in 2021 by Oxford: Oxford University Press (ISBN 978-0-19-886477-6). 353pp.


Revd Dr Andy Hartropp is an economist, theologian and church minister.  He has two PhDs, one in Economics and one in Christian Ethics.  He lectured in financial economics for 5 years at Brunel University, west London.  He also worked for a year with the Jubilee Centre in Cambridge, primarily leading a team doing research on families in debt.  He trained at Oak Hill College, London, for ordained ministry in the Church of England.  His (second) PhD was published as: What is Economic Justice?  Biblical and secular perspectives contrasted (Carlisle: Paternoster, 2007).  He has spent 13 years in parish ministry.  He worked for eight years with the Oxford Centre for Mission Studies, where he was the Sundo Kim Research Tutor in Mission and Economics.  In March 2016 he joined Waverley Abbey College as Director of Higher Education.  He chairs the Ethics and Social Theology Group of the Tyndale Fellowship.  He is married to Claire, and they live in Bicester, near Oxford.

 

 

 

 

 

 

 

 Andrei Rogobete: “Humans as a Service” by Jeremias Prassl

Jeremias Prassl is a Fellow of Magdalen College and an Associate Professor in the Faculty of Law at Oxford University. He advises public and private sector organisations on regulating the gig economy. In his book entitled Humans as a Service, Prassl re-evaluates the merits and pitfalls of the “gig economy” and seeks to discover ways that society might benefit from the gig economy without falling into “extreme forms” of labour force commodification (page 4).

For those of you wondering what the “gig economy” is, Prassl describes it as “…an ever-growing number of start-ups, […] online platforms and mobile apps [that] connect consumers, businesses, and workers – often for jobs lasting no longer than a few minutes” (page 2). The term “gig” invokes an artist’s gig for a time-limited and (usually) one-off performance.

This new and growing space labelled as the “gig economy” poses both opportunities and challenges.  On one hand the digital space has enabled an unparalleled level of growth and innovation in the exchange of goods, services and other forms of capital at instant speeds – creating value for all participants (page 3). On the other hand, critics argue that a deregulated gig economy leads to a commodification of labour whereby “those with money will be able to […] hire those without money by forcing an online bidding war to see who will charge the least for their labour” (Ibid.).

The book seems to be written with the “educated reader” in mind. The author makes extensive use of practical examples whilst limiting overuse of legal jargon, which makes the book accessible to the specialist and non-specialist alike. The contents are structured among six main chapters and while we will not detail each in part here, we will touch upon some of the key points that may warrant further discussion.

Chapters I and II lay out the foundations of the gig economy: its internal workings, the role of digitalisation, the role of regulation (or lack thereof), and so on. Prassl points out that large actors within the gig economy are mistakenly given the benefit of the doubt when found guilty of mistreating their employees (or contractors). This is largely done by hiding under the “innovation” banner and perhaps abusing the public’s perception of innovation as a natural industry disruptor. Once section in the second chapter highlights the discrepancy between the authorities’ response to Mike Ashley’s Sports Direct zero-hours contracts scandal, and the ill treatment of ride sharing drivers for Lyft & Co. in the US (page 41-42). Prassl asks, “Why, then, is it that Mike Ashley was (rightly) subjected to parliamentary humiliation, whereas the sharing economy is celebrated by its very own cross-party caucus in the US Congress?” (Ibid.).

Chapters III and IV continue the discussion and look at life within the gig economy and the dilemmas that innovation can give rise to, particularly in respect to applying the appropriate level of regulation. Prassl points out an “innovation paradox”: “…it is undoubtedly true that key elements behind the rise of the sharing economy are completely new – first and foremost, their reliance on the internet, smartphone apps and digital platforms […] When it comes to work in the on-demand economy, on the other hand, the story is a very different one” (page 72). It is the capacity to accurately differentiate between the truly novel and the outwardly novel that policymakers will need if they are to develop an appropriate regulatory framework.

Chapters V and VI conclude the discussion by looking at various approaches of harnessing the benefits of the gig economy whilst restoring and protecting workers’ rights. Prassl argues that a key element is ensuring that everyone plays by the same rules, “…we need to redress structural imbalances and create a level playing field – with employment law at its foundation” (page 119).

To conclude, Humans as a Service by Jeremias Prassl is a great overview of the opportunities and challenges that the gig economy brings for all stakeholders involved. However, (and given that this piece of work is primarily written from a legal perspective), one cannot help but feel that insufficient voice has been given to the non-legal (or non-regulatory) solutions to the problems facing the gig economy. Some of these might include: allowing for market corrections and re-structuring, online reputation management, the implications of reputation damage, the increasing role of independent reviews in online decision-making, and so on. This would encompass a much broader discussion that the book sorely misses.

That is not to say these are unequivocal answers – yet a more thorough investigation into the non-regulatory means of transforming the gig economy would have benefited the book greatly. If readers can look beyond the “regulation is the answer” approach (which no doubt, some will), Humans as a Service is a good and informative read. It is just a shame that it missed the opportunity of being an excellent read. Perhaps an economist’s response to the book would help – let’s hope that we see such endeavour in the future.

 

Prassl, Jeremias. “Humans as a Service: The Promise and Perils of Work in the Gig Economy” was first published in 2018 by Oxford University Press (ISBN:9780192517388). 199pp.


Andrei E. Rogobete is the Associate Director of  the Centre for Enterprise, Markets & Ethics. For more information about Andrei please click here.

 

 

 

Richard Turnbull: “Putting Purpose into Practice” Eds. Colin Mayer and Bruno Roche

This book is the product of an extensive research programme undertaken between Mars Catalyst, which is the internal think-tank of the Mars company, and the Saïd Business School at the University of Oxford. Professor Colin Mayer is a leading voice in the debates around business purpose and has written and spoken extensively in the field. His previous writing in this area includes Firm Commitment (OUP, 2013), and Prosperity (OUP, 2018). He is insightful and measured and this comes through in this volume. Bruno Roche was formerly the chief economist of Mars, Inc. and the head of Mars Catalyst. He brings both practical business experience and a commitment to thinking about and developing both the ideas and practices around business purpose. He developed the idea of the ‘economics of mutuality’ a surprisingly confusing concept, but one with a lengthy history in Mars. A fascinating and interesting project.

The book has four parts. The first deals with consists of an introduction and overview by the editors. Part II consists of seventeen contributions designed to deal with the core components of the ‘economics of mutuality’ including reflections on purpose, various aspects of non-financial capital (human capital, natural capital, social capital), accounting and measurement issues and the role of micro-equity, investment funds, partnerships, NGO activism and other matters. Part III includes 14 case studies and then Part IV is a conclusion.

The book contains some significant insights, offering areas for further research and useful debates on important topics, all of which build on current knowledge and research in this increasingly important area. However, the book seeks to achieve far too much and consequently ends up with disconnects between the debates in Part II and the subsequently case studies.

The book’s premise is that the classic Chicago economic model of profit/shareholder value maximization was misconceived in its very nature but that business is in a position to be a profitable force for good that transcends self-interest ‘for the benefit of people, planet and profit’ (page 4) which is labelled mutuality. There are merits, as well as flaws, in the Chicago model but few would argue with the second part of that statement.

The history of the idea of mutuality as it relates to Mars is set out by Jay Jakub in chapter 4. Forrest Mars Snr wrote, in a 1947 letter, that the aim of the company (page 57) ‘is the manufacture and distribution of food products in such manner as to promote a mutuality of service and benefits,’ listing consumers, suppliers, competitors, government, suppliers, employees and shareholders as all sharing in this mutuality.

The economics of mutuality takes specific account of a wider range of impacts on people and planet, not least through embracing human, social and natural capital (chapters 10-13). The term ‘economics of mutuality’ though is confusing. The ideas extend beyond the ideas of mutual ownership (see chapter 17) but that is what most people will immediately think of and hence might be distracted from the wider argument. The terminology cannot be readily grasped.  There remains a distinct vagueness when discussing the range and measurement of alternative forms of capital. The editors define mutuality as involving trust, a wider and more pragmatic view of the firm, measuring non-financial performance and developing simple metrics and reporting. The book would have carried more coherence if this definition had more clearly formed the shape of the book and then developed in the case studies. This would have given both a sharper and yet more in-depth analysis.

At the heart of the argument is the idea that the effective boundaries of the firm should be extended beyond the contractual definitions of the traditional corporation which then enables the establishment and pursuit of wider purposes. This argument merits much more discussion as it is a genuinely innovative and creative idea. Colin Mayer and Bruno Roche argue, ‘companies are part of larger business ecosystems and as such, have responsibilities to individuals, communities, and resources that contribute to business performance’ (page 14).  Few would disagree with that and yet extending the boundaries of the firm poses challenges for the structure and nature of the corporation and there remain several conundrums. What is the legal structure which will shape the future corporation? How will the various contractual relationships be reflected in that structure? Are there different possibilities for public, private and family companies?

Another area of significance identified and certainly in need of further research is the development of metrics of measurement for the wider range of capitals identified leading to the idea of a mutual profit and loss account. Chapters 13, 14 and 15 dealing with accounting for natural capital (Richard Barker), implementing a mutual profit and loss account (Robert Eccles and Francois Laurent) and the impact of mutual profit on business behaviour (Robert Eccles and Judith C. Stroehle) were all excellent chapters pushing at the boundaries. Yet, it remained theoretical. One was left wondering whether anyone had actually implemented this sort of accounting approach. As Eccles and Laurent note, to be ‘meaningful and effective, the mutual P&L relies on the selection of material issues and initiatives, the right metrics, and a certain degree of stability over time’ (page 197). This is essentially a rather vague and highly subjective set of criteria; accounting and measurement, however, depends on objective criteria. No concrete examples were actually given and the idea was not explored in the case study section.

The case studies are all examples of businesses which pursue wider purposes and objectives for the good of society, for people, for planet and also for profit. The examples range from supply change management, micro-equity initiatives, fair trade, alleviation of poverty and specific examples of business eco-systems designed for the good of society. Some are well-known. All are good, even inspiring examples of profitable business for good. What was much more difficult was to see the specific (rather than general) link between the earlier chapters and the case studies.

Overall this book is a helpful contribution to the wider debates and draws on a number of important areas for further development and future research. The question remains of how business, mainstream commercial business, can be refocussed in positive ways for the benefit of the various mutually inter-dependent players, rather than simply some good examples of business for good. This requires a more focused approach, reflection on legal structures, their limits and boundaries, and how to reflect new structures as well as the issues of measurement and reporting across a wider range of metrics.

 

Putting Purpose into Practice: The Economics of Mutuality, edited by Colin Mayer and Bruno Roche was published in 2021 by Oxford University Press (ISBN: 978-0-19-887070-8). 404pp.


Richard%20Turnbullweb#1# (2)Dr Richard Turnbull is the Director of the Centre for Enterprise, Markets & Ethics (CEME). For more information about Richard please click here.

 

 

 

Edward Carter: “Servant Leadership, Social Entrepreneurship and the Will to Serve” Eds. Luk Bouckaert & Steven C. van den Heuvel

This book is a collection of eighteen separate but thematically connected papers which were given at an international academic conference in Belgium in May 2018. The organising principle is an enquiry as to whether the ‘will to serve’ must always be ‘crowded out in the real economic arena of hard competition’ (page vi). The authors are very diverse, with global perspectives offered, although there is an inevitable impression at certain moments that one is eavesdropping on a room full of academics talking to one another and there is some repetition, notably when it comes to the description of what ‘servant leadership’ might be.

I found some of the papers stronger than others but I enjoyed reading all of them, and was left with ideas and questions about re-discovering a wider view of how businesses and companies operate within society. Originally the granting of ‘limited liability’ was seen as a privilege that brought responsibilities towards the community. Those responsibilities have at times been largely overlooked in the single-minded search for profit, which in turn has shaped the kind of leadership the corporate sector has embraced and this volume is a helpful contribution to a growing literature that urges a wider view of what makes for good leadership (whether described using ‘servant’ language or not), as well as a broader view of the very purpose of business and enterprise itself.

It is difficult to summarise such a diverse set of essays, and even the over-arching theme of servant leadership seemed not to be dominant. There are three sections: (1) Philosophical and Spiritual Foundations; (2) Social Entrepreneurship: Serving the Common Good; (3) Servant Leadership in the Context of Business. The general movement through the collection is from concepts to practice, although there is plenty of overlap.

 

Section 1 (Philosophical and Spiritual Foundations)

I found the most thought provoking of the seven essays in Section 1 to be Ipseistic Ethics Beyond Moralism: Rooting the “Will to Serve” in “The Reverence for Life” by Chris Doude van Troostwijk and The Dark Side of Servant Leadership: Power Abuse via Serving by Volker Kessler. 

Despite its title, the former is very readable. It uses Albert Schweitzer’s life-story as a vehicle for the author’s argument, which is an attempt to answer this question: ‘Is there a way that respects both the self-centered impetus of human life and the altruistic needs of life in general?’ (page 82) I was especially intrigued by the author’s appropriation of Darwin’s ‘survival of the fittest’ theme so as to re-evaluate ‘fit’ as a social idea – the cooperation needed for someone to be a ‘good fit’ within an organisation.

Volker Kessler’s paper contrasts strongly with the others, in that the author (a practitioner with his wife Martina) draws upon a data-base of stories to describe eight mechanisms of power abuse in Christian organisations. The main issues are those of inappropriate obligations and commitments, and a culture of dependency masked as being reciprocity. This sentence stood out for me: ‘Many of the misuses listed… could be avoided if leaders would not call themselves servants.’ (page 119) Every Christian leader would benefit from reading and reflecting on this article.

Several of the other essays are also interesting. Two take a Christian perspective: Patrick Nullens’ paper (The Will to Serve: An Anthropological and Spiritual Foundation for Leadership) looks at the moral aspects of servant leadership, and makes theological links to Christian love and Christ the servant/slave. Nullens raises human fallenness, and therefore the need also for justice – a wider concept linked to the common good; and Heiko Wenzel’s essay (Reading Exodus 18 and Robert Greenleaf) refers to Exodus 18 (Moses’ leadership) as a way of exploring the differences between hierarchical leadership and a ‘first among equals’ model. Issues of organisational culture and participation, and how they are shaped, are considered. In contrast, in Simone Weil and a Critical Will to Serve Michael J. Thate draws on Simone Weil’s thought, in which the theme of ‘creative attention’ is prominent – this being attention towards the world, and a kind of ethical awareness that avoids rigidity.

The other two essays in Section 1 are disappointing. First, Servant Leadership Beyond Servant and Leader: A Buddhist Perspective on the Theory and Practice of Servant Leadership by Ernest C. H. Ng sketches out a model called ‘Interdependent Leadership’. This suggests that changes can be delivered only when confronting thoughts are transcended and any place for opposites or ‘contest’ is removed, but I struggled with understanding how this analysis might become a practical tool.  Secondly, Christianity and Servant Leadership by Peirong Lin among other things considers the concept of the ‘leadership moment’ (page 124), and the need to hold leader, follower, purpose and context together. I liked the phrase, ‘Normal things have parable character’ (page 135), borrowed from Dutch priest and professor Tjeu van Knippenberg, but overall this article felt fairly general to me.

 

Section 2 (Social Entrepreneurship: Serving the Common Good)

All six essays in Section 2 provoke thought, especially for Christians. The section opens with Emilio Di Somma pushing back against the Milton Friedman version of economics, and seeking to find a place for power-relations, politics, and human dignity within the discussion (Protecting the Weak and Creating Community). Serving is therefore mainly characterised as relinquishing power, and the example of Adriano Olivetti as an exemplary and socially responsible entrepreneur is used. I found myself arriving at the interesting conclusion that ‘making things well’ might be more important than making a profit, although the two are of course not mutually exclusive.

Foundations for Social Entrepreneurship: An Integrative Indian Perspective by Sharda S. Nandram, Puneet K. Bindlish, Harsh Purohit, Ankur Joshi, & Priti Hingorani explores the idea that entrepreneurs might be drawn towards social entrepreneurial activities because of themes lying within Indian philosophy. There is some methodology and interpretation, although I was left wanting more of this. The most interesting concept is that of the ‘public domain’, and why some entrepreneurs seem willing to gift their ideas and creativity to the world, for example Tim Berners-Lee and the world wide web.

Workplace Spirituality in Social Entrepreneurship: Motivation for Serving in the Common Good by Natasha Gjorevska describes ‘spiritual entrepreneurs’ as a category, and explores a complementary relationship between the concepts of social enterprise and workplace spiritual leadership. ‘Spiritual’ here is not necessarily ‘religious’, but embraces themes such as ‘meaningful work’, ‘purpose’, and a ‘sense of community’. However, there are plenty of resonances with Christian thinking about vocation, and the common good.

Mindful Servant Leadership for B-Corps by Kevin Jackson provides some helpful (for me) background information about B-Corps, which are essentially public benefit companies that also exhibit non-instrumental motivations: ‘…ethics for their own sake…’ (p.213). The other main strand within this paper concerns ‘mindfulness’, which keeps a leader’s view wide, and therefore overlaps with the bigger societal purposes of a B-Corp. I translated this for myself into a Christian understanding of prayerfulness, and the big-picture view of creation, and new creation in Christ. With a bit of interpretation this article would be of interest to Christian business leaders and entrepreneurs as they look to the wider purposes of their organisation.

In The Religious Leader as Social Entrepreneur, Jack Barentsen begins by raising the concern that an apparently ‘servant’ religious leader might only or mainly be motivated by the need to proselytise. However, the argument is put that this is usually not the case, and that a broader view of the common good is in mind. One specific example is peacebuilding. Barentsen notes the well-known fact that people of faith are much more likely to volunteer (‘serve’), and therefore contribute to social capital, and he has a useful section, albeit descriptive rather than analytical, on religious leaders as entrepreneurs. I liked his final question asking, are religious leaders helped and trained to be social entrepreneurs, or common-good-builders. My sense is that in the church I belong to the answer is, ‘No’.

Serving the Poor: The Case of the EoC Enterprise ‘Mercurio Net’ by Mara Del Baldo & Maria-Gabriella Baldarelli is very different from the other essays. EoC stands for ‘Economy of Communion’, which is a network of companies initiated in Brazil in 1991 by Chiara Lubich, and which connects to the Roman Catholic Focolare Movement. Lubich’s vision was based on reducing poverty and the need for a broad understanding of happiness and ‘human flowering’. (page 256) She wanted to see a new generation of companies producing wealth on behalf of those in poverty by providing good work. The authors tell us that there are now almost 1,000 EoC firms around the world. I knew none of this, and was grateful to learn, as well as being reminded that the place for servant leadership is critical when it comes to an attentiveness to the poor.

 

Section 3 (Servant Leadership in the Context of Business)

The third section of the book begins with Jakob Willem (Pim) Boven’s observation (with which I agree) that a theory of leadership (entrepreneurship) is very under-represented in the standard neo-classical economic theories (Servant Leadership in Market-Oriented Organizations, Does that Make Sense? An Evaluation from an Economic-Organization Theory Perspective). The author therefore suggests that we need to take seriously the institutional reality of the company, and he points us to the growing body of research into Organizational Economics. His main point is that there are resonances between Organizational Economics and the theme of ‘Servant Leadership’.

The next two essays in this final section seek to learn from specific situations. The first, The Importance of Calling in Realization of Life Projects: The Case of Maverick and Serial-entrepreneur Hans Nielsen Hauge with Implications for Business Education by Knut Ims, Truls Liland, & Magne Supphellen is the more analytical.  It is essentially a very interesting case study of Hans Nielsen Hauge (1771-1824), who was an influential entrepreneur in Norway – a preacher and businessman whose impact is still felt today. I did not know his story before reading this article, and found it inspiring. Of note for me was the feudal context out of which Hauge sprang, and which he implicitly challenged, as was the link between the spiritual experience of his ‘call’ (described on page 313) and his practical entrepreneurship. The authors point to these key ingredients in Hauge’s life: self-determination (an intrinsic motivation); meaning; persistence. These combine to give prominence to a holistic view of life, rather than life as a series of attempts to optimise choices. This rallying cry towards the end of the paper seemed powerful and important to me: ‘We need a type of business education and business training, which assists students in defining life goals and life projects.’ (page 325).

Rethinking Fashion Retail: The Case of MrSale by Gabor Kovacs takes the form of a qualitative mini research project focused on a small private company called MrSale, which was founded in Budapest in 2000. Kovacs is seeking evidence about the source of genuine ethical commitment in business. The answer is to do with the motivations of serving society and contributing to social well-being, with a link to meditation and Buddhism. The often-observed benefits of an ethically run business are, in this case, seen to be those of satisfied employees, increased innovation, higher levels of trust with suppliers, growth, and ultimately profits. Case studies are always engaging, but I was hoping for more critical comment and interpretation.

The final two essays consider the thinking of two very different people: Aldous Huxley, who was famously the author of Brave New World in 1932, which took a pessimistic view of the rise of science and a mechanised economy; and John Wesley the prophetic teacher and preacher, who created a large-scale business and who had links to the world of commerce and trade.

In Aldous Huxley’s Anarchist Entrepreneurship Based on Spiritual Capital, Gerrit De Vylder plays Huxley’s fiction off against the theme of servant leadership – a creative endeavour which yields surprisingly rich results. The idea which most caught my eye was the value ascribed to localism and the link to the ‘small is beautiful’ economics of E.F. Schumacher. This paper, and indeed the entire book, pre-dates the covid-19 pandemic, but I wondered if the new post-pandemic desire to build more resilient supply chains and to reduce dependence on global trade routes might have added to the discussion.

In the final chapter of the collection (John Wesley: Prophet and Entrepreneur), Clive Murray Norris gives a concise description of John Wesley’s ministry and observes that Wesley’s prophetic voice had a dual focus: personal spiritual renewal, and the need to address the problems and injustices faced by society. This in turn meant that Wesley avoided the trap of a ‘prosperity gospel’, and instead demonstrated a strong sense of stewardship and the fruitfulness of good works in a broad, societal sense. My knowledge of John Wesley’s activities was improved by reading this paper, and the conclusion, with four points for reflection aimed at today’s social entrepreneurs, made for a fine ending to the entire book. Summarised, these are: (i) the need for a holistic view of humanity’s spiritual and physical needs; (ii) the desirability of borrowing ideas from others, accepting that not every idea will work, and focusing on practical action; (iii) the importance of having friends and partners across the community, both rich and poor; and (iv) the imperative that all share a common purpose, that all are welcome, that anything is possible, and that action must start now.

 

“Servant Leadership, Social Entrepreneurship and the Will to Serve – Spiritual Foundations and Business Applications”, edited by Luk Bouckaert and Steven C. van den Heuvel, was published in 2019 by Palgrave Macmillan (ISBN-13: 9783030299385). 394pp.


Edward Carter is Vicar of St Peter Mancroft Church in Norwich, having previously been the Canon Theologian at Chelmsford Cathedral, a parish priest in Oxfordshire, a Minor Canon at St George’s Windsor and a curate in Norwich. Prior to ordination he worked for small companies and ran his own business.

He chairs the Church Investors Group, an ecumenical body that represents over £10bn of church money, and which engages with a wide range of publicly listed companies on ethical issues. His research interests include the theology of enterprise and of competition, and his hobbies include board-games, volleyball and film-making. He is married to Sarah and they have two adult sons.

 

 

 

Anne Devlin: “Reimagining Capitalism” By Rebecca Henderson

Reimagining Capitalism

Reimagining Capitalism: How business can save the world is a very didactic, easy to read book. Unfolding like a captivating lecture, it is highly structured and each point is illustrated with a wealth of business examples taken from a wide spectrum of enterprises, old and new.

You can easily imagine Rebecca Henderson on the campus of the Harvard Business School answering the challenging questions of Millennials who fully embrace sustainability and inclusion topics. The resulting book challenges head-on the paradigm of business management theory over the last fifty years that held shareholder value maximisation as the most powerful way to increase general prosperity. She does not seek to list the shortcomings or fix the problems of the current model, rather, she is more ambitious. Tapping into her considerable experience of business consultancy and her knowledge of history of corporations and national institutions, she builds block by block a path to rethink or Reimagine Capitalism.

She takes stock of Shareholder Value Maximisation theory and highlights that the conditions deemed necessary by its early advocates are not always present: markets fail us because externalities are not properly priced, genuine freedom of opportunity is not available to many because of lack of fair access to education and health services and firms are increasingly able to fix the rules of the game in their favour. Uncontrolled free markets lead people to believe that they can do without government, “without shared social and moral commitments to the health of the entire society” on which however all market activity ultimately relies.

In her effort to build a path to “reimagine capitalism in practice”, she lays out five foundation blocks to lead us on the journey.

Firstly, she tackles the strong economic business case for creating shared value. It is somewhat abstract and ethereal as a theoretical economic concept, however, she effectively uses examples to illustrate how it can manifest itself and its importance in a business context. Reducing environmental damage and treating people well reduce reputational risk. Shared value can also help securing the long-term viability of a supply chain, increase the demand for your product and reduce costs. Achieving shared value however, is not a small feat. To help us project how shared value can be established in a company, she introduces the interesting concept of architectural innovation.

Following this logic, she highlights how the adoption by any enterprise of an authentic purpose “makes it easier to identify the kind of architectural innovations that enable the creation of shared value.” Rejecting the commonly held belief of profits and purpose being mutually exclusive, she sees purpose-driven organisations as better equipped to handle transition in disruptive market conditions. The clear sense of their mission in the world, the commitment to building an organisation in which every employee is treated with dignity and respect “release creativity, commitment and raw energy”. She does not elaborate much on the strong spiritual or political convictions that sustain “the courage and vision of the leaders necessary to manage with purpose” even though she recognises its critical importance.

She then turns her attention to the need for finance to focus on the long-term. Asset owners and asset managers might have a different appetite (and incentives) to hold assets long-term but investors in general need better data to be convinced to hold their interest longer. ESG metrics, especially those with potential significant impact on short-term profitability and long-term liabilities must continue to be rigorously developed and used. While the investment community as a whole may not yet be ready to wholeheartedly embrace the company purpose and ready to give time to its implementation, Rebecca Henderson suggests a possible limitation, even reduction of investor power to the benefit of other stakeholders. Harnessing the power and influence of investors is a key enabler to drive change at scale. The examples she cites demonstrate that this is beginning to happen within the investment community.

However, one company cannot do much on its own about genuine public good problems. Industry-wide self-regulation has been criticised in the past as a way to anticipate and diffuse the threat of government regulations or also to set up barriers to new entrants. Nevertheless, the powerful example of how Unilever and Paul Polman socialized the problem of palm oil sustainability shows that increasing everyone’s incentive to cooperate and being able to enforce cooperation can have a major impact and create collective shared value.

Her last avenue of reflection in Reimagining Capitalism is the role of government as a guarantor and enabler of a free and fair market. “While economic growth and social well-being are often enormously advanced by the presence of free markets, they are also critically dependent on a host of complementary institutions.” Denouncing the systematic campaign of the last 50 years to discredit government in the US, she suggests answers to the fundamental question she raises namely “how do we protect the institutions that have made us rich and free?”

Rebecca Henderson is determined to provide each reader with nothing less than a roadmap to find their own path forward towards changing the world. She is a staunch believer in the positive power of capitalism but is also clear about the dangers of unchecked capitalism, leading to the explosion of inequalities and the rise of populism. While the topics she develops could have justified further ethical considerations, she keeps the debate firmly in the logic of the business case, adopting a rigorous, business-like approach. She manages nevertheless to communicate and share a real passion for the issue at stake. This book is highly topical as demonstrated by the speech on March 15 2021, by the acting chair of the US Securities and Exchange Commission, Allison Lee who stated:

“That supposed distinction—between what’s ‘good’ and what’s profitable, between what’s sustainable environmentally and what’s sustainable economically, between acting in pursuit of the public interest and acting to maximize the bottom line—is increasingly diminished,” Lee told the audience at the liberal think tank Centre for American Progress. “[There’s] no historical precedent for the magnitude of the shift in investor focus that we’ve witnessed over the last decade.”

It is overall a very interesting and relevant book, well worth reading and reflecting upon.

 

“Reimagining Capitalism: How business can save the world” by Rebecca Henderson was published in 2020 by Portfolio Penguin (ISBN-13: 978-0241379660). 336pp.


Anne Devlin is a director of Terra Solar II, a former oil trader with BP and a member of the Board of CEME.

 

 

 

 

 

 

 

 

Richard Godden: “The World Made Otherwise” by Timothy J. Gorringe

The sub-title of The World Made Otherwise is “Sustaining Humanity in a Threatened World” and climate change or other environmental issues form the book’s starting point and backdrop. Gorringe sees climate change as creating a burning platform that makes thorough-going political, economic and social change imperative.

His prognosis is dire. He opines that “civilisational collapse is likely” (page 19) and that, together, environmental issues and current socio-political trends “could suggest the ‘new dark ages’ of which MacIntyre spoke nearly 40 years ago” (page 153). He asserts that the resulting problems are primarily moral and political and that “neither technological fixes nor tweaking of the present economic system are sufficient to address them” (page 117). Instead, he thinks that the heart of the problem lies in false values.

Much of Gorringe’s discussion relating to values will be widely applauded: he rejects the post-modern relativism that reduces discussions of values to discussions of psychology or sociology, confusing values with either societal norms or preferences linked to self-realisation; he defends the idea of universal values against those who would deny their existence (including those on the left who suggest that the very idea of human rights is a form of Western cultural imperialism); he also rejects “the claim of the neoliberal market to provide the fundamental standard for everything whatsoever” (page 57) and instead seeks to establish a value system based on the ultimate end or object of human life, which he suggests is, in essence, the creative fulfilment of human potential, “a fulfilment that is both individual and social” (page 85).

His discussion of the problems within the existing political, economic and social order also contains much that will command wide acceptance, albeit not much that is new. In particular, the history of the twentieth century supports the wisdom of his call for “a critical watchfulness” with regards to our political practices and his warning that “all claims for absolute allegiance on the part of the state are idolatrous” (pages 133/134). Likewise, his warning about making an idol of the market will be accepted by all but the most extreme free marketeers and his criticisms of the workings of modern democracies (including the basis on which people cast their vote, the role of the media and lobbying) ring true.

Unfortunately, however, time and again Gorringe gravely overstates his case and, whilst some parts of the book are closely argued, much of what he asserts is not backed up by detailed analysis or engagement with different views. For example, he asserts that “equality must mean equality of outcome” (page 163) on the basis of five lines of argument and he makes no effort to comprehend the practical and moral arguments for the market economy or recognise the different conceptions of justice that underly much current socio-political debate (as to which, see Capitalism and Democracy by Thomas Spragens). Furthermore, the version of the market economy that he attacks is extreme and he fails to acknowledge that one can be in favour of a market economy yet at the same time recognise the need for guiding values outside it. Instead, he makes a number of unsupported ex cathedra assertions that, on occasions, descend into mere left-wing jibes (e.g. his side swipe at “austerity” measures, which he defines as “making sure the bankers do not have to pay for their mistakes”, page 198, and his distinction between “genuine science” and “the spurious corporate-financed variety”, page 290).

The least satisfactory part of the book is its suggestions for change: they are almost totally lacking in specificity and are absurdly Utopian. Gorringe says that he is putting forward what he calls “rights cosmopolitanism”, which he describes as “a vision of a cosmopolitan world of federated states where all people enjoy basic rights and freedoms simply in view of their humanity” (page 147). However, the vision is vague and Gorringe gives no clue as to how it might be realised. He envisages the break-up of current nation states and talks of “a world of small and devolved, but often federated states, where economic and environmental rules would be worked out together and held to be binding by the United Nations and its agencies” (page 152); he suggests that “local economies will have shorter supply chains and keep real wealth within the community” and that they “will not import products they can produce for themselves or export local products until local needs have been met”, citing apparently with approval, Molly Scott Cato’s suggestion that there might be perhaps 20 bioregions forming the basis for a reformed economy with each bioregion having “the task of provisioning its inhabitants” (pages 233/234); and he advocates monetary reform. Yet his political proposals amount to little more than a vague idea relating to the creation of local deliberative assemblies; leaving aside a few specific proposals (e.g. to mutualise utilities and provide a basic citizen’s income), his economic ideas are packed into a bewildering four page section in which he advocates the localisation of economic life; and, apart from discussing a few examples of what are, in essence, local or restricted use currencies, he gives us no clear idea of what monetary reforms he is seeking.

Gorringe defends himself against the charge of being Utopian by suggesting, first, “that nothing is so wildly Utopian as to try and build a sustainable world on the basis of greed and competition” and, secondly, that his proposals “are actually being modelled on the ground the world over” (page 236) but this defence fails. The first of these points has no bearing on the realism of his proposals and the second fails to recognise that the only examples he gives of anything remotely resembling the kind of localised system that he advocates are very small scale and, as he himself recognises, have many problems.

It is difficult to know precisely who the book is aimed at. It is not an academic work yet it is overloaded with quotations from and references to the views of different authors (e.g. the main text in the first five pages of the chapter relating to values includes references to the views of no less than 15 different authors). These come so thick and fast that parts of the book are heavy-going and they are likely to render it inaccessible to many potential readers. Furthermore, Gorringe is a liberal Christian who is heavily influenced by Marxist thinking and these starting points pervade The World Made Otherwise. Gorringe makes no attempt to justify them, with the result is that the book is unlikely to prove persuasive to those who do not share his assumptions. Thus, whilst most Christians will welcome his reminder that God ultimately owns all things (a fact which necessarily relativizes property rights), his approach to Scriptural interpretation will baffle and alarm many. For example, his suggestion that “The Eucharist (when not fetishized) adumbrates as a sign the view that the world is gifted to all creatures and is to be shared equally between them” (page 224) is, to put it mildly, difficult to extract from the biblical text, whilst his assertion that Hebrews 13:14 (“Here we have no abiding city”) “promises us that Rome (which for us is neoliberalism) will not last forever” (page 66) is extraordinary.

Gorringe has, for a long time, passionately believed in the need for radical, political, economic and social change and environmental issues have added to the imperative tone of his appeals for such change. However, passion and urgency do not of themselves make up a viable political programme. Gorringe’s theological villain is clearly St. Augustine of Hippo, who he feels is responsible for generations of Christians believing that “the possibility of a truly different society… belongs only to the next life” (page 67). On this basis, one might expect him to show us the way to an earthly paradise but, despite its title, The World Made Otherwise fails to provide one and, whatever one’s political views, Gorringe’s diagnosis and prognosis are simply depressing.

 

The World Made Otherwise by Timothy J. Gorringe was published in 2018 by Cascade Books (ISBN: 978-1-5326-4867-0). 348 pp


Richard Godden is a Lawyer and has been a Partner with Linklaters for over 25 years during which time he has advised on a wide range of transactions and issues in various parts of the world. 

Richard’s experience includes his time as Secretary at the UK Takeover Panel and a secondment to Linklaters’ Hong Kong office. He also served as Global Head of Client Sectors, responsible for Linklaters’ industry sector groups, and was a member of the Global Executive Committee.

 

 

 

 

 

Anne Devlin: “The Social Dilemma” by Jeff Orlowski

This documentary is structured around interviews of tech experts who were pioneers at leading social media platforms and who came to realise that something important went wrong at some point. These views are expressed through a fictitious drama showing the impact of social media on the different members of a family. It is easily accessible to non-social media aficionados and articulates issues that most of us have intuitively perceived without being able to find the common thread running through them.

This Netflix documentary opens on a sombre note with an ominous quote from Sophocles, “nothing vast enters the life of mortals without a curse”, which is somewhat disconcerting. Unlike Greek tragedies, The Social Dilemma finishes on a carefully hopeful note whereby with greater awareness of the problem and willingness to discuss the issues, it can be fixed. But what exactly is the problem?

The realisation that the tech industry lost its way, making no room for ethical design or even questioning the moral implications, is clearly linked to the monetisation of the social media platforms. Their business model is unveiled and brought back to its essence: if you’re not paying for the product then you are the product. As Jaron Lanier, the American computer philosophy writer, puts it: “It is the gradual, slight, imperceptible change in your own behaviour and perception that is the product.” And the more you are using the platform, the more data feeds the system and therefore the better the prediction of your action. The picture starts getting really scary when you realise that cognitive psychology, especially how to persuade people, is built into the technology itself, deliberately exploiting vulnerability in human psychology. Tristan Harris puts it powerfully when he highlights that people usually recognise the danger when technology will overwhelm the human intelligence. An earlier moment is, however, perhaps more dangerous, namely when technology overwhelms human weaknesses, overpowering human nature and breeding among other things addiction, polarisation, and radicalisation.

Algorithms are originally programmed to a certain definition of success. If it is to maximise revenue, computer learning will improve and optimise towards that goal with no ethical constraints or concerns. Maximising engagement, growth and advertising targets will make algorithms ruthlessly manipulate our emotions and behaviours without us even being aware of it. As fake news travels six times faster on Twitter than the truth, the system has a bias towards disinformation as it makes more money for the company. A systematically individually customised information flow, designed by algorithms to maximise your engagement or watch time, sows division in society: people cannot hear a different opinion since they are being fed the one side of the story which their profile establishes they want to hear. Polarisation, going down rabbit holes, conspiracy theories, and radicalisation are all common manifestations of technology’s ability to destabilise the fabric of society. While we witness a technology-led assault on democracy, we should also worry about the use of technology by totalitarian regimes.

To conclude, this documentary highlights the fundamental issue that systems of algorithms are void of ethical consideration. Their ultimate goal is to maximise profit. AI cannot know what Truth is but people need to have a common perception of reality in order to live together. The positive note comes from the realisation by the tech experts, spearheaded by Tristan Harris, that they do have a moral responsibility to fix it. That starts with a conversation about what the problem is, which is exactly what this documentary succinctly achieves. It will be a difficult journey since any reform of the system will chart a collision course with the current business model of the powerful social media giants. Technology is a great force for good, but the moral dilemmas raised by the social media platforms need to be addressed transparently.

 

The Social Dilemma is directed by Jeff Orlowski and was first released on Netflix on 9th September 2020.


Anne Devlin is a director of Terra Solar II, a former oil trader with BP and a member of the Board of CEME.

 

 

 

 

 

 

 

 

Richard Godden: “The Moral Responsibility of Firms” By Eric Orts and N. Craig Smith

Are corporations and other business organisations morally responsible for their acts and omissions? The media and popular discourse frequently assume that they are: companies are sometimes said to have “behaved disgracefully” and, in response, they “apologise”; legislators and regulators around the world seek to impose penalties on companies and justify this by reference to their alleged responsibility for wrongdoing.

But is the attribution of moral responsibility justified? Should we regard such attributions as either misconceived or merely a shorthand way of attributing responsibility to individuals within the relevant organisation? Or can one, in some sense, say that an organisation is morally responsible for its actions and, if so, with what consequences? It is these questions that The Moral Responsibility of Firms addresses.

The book originates in a 2013 conference sponsored by the Warton School of the University of Pennsylvania and INSEAD. It comprises essays by twelve authors sandwiched by contributions from the two editors. The authors comprise a distinguished array of academics from a variety of disciplines (ethics, philosophy, law, business and politics) and the editors line them up in three groups: four essays (by a total of five authors) set forth the arguments in favour of attributing moral responsibility; four (again having five authors) set forth the arguments against; and, finally, two (each with a single author) seek to point a way forward for the debate.

All the essays are of a high standard and, although they comprise serious academic work, their arguments are accessible to any educated reader who is prepared to take the time to study them carefully. Some of the authors could have used less dense language (Michael Bratman being a particular offender is this respect) and some (e.g. Philip Pettit) unhelpfully cross refer to their previous work in order to save space but these failings do not act as a serious barrier to comprehension.

Readers may find the US bias of the authors frustrating but, although a few of the issues discussed are very US specific (e.g. the question corporations are persons entitled to benefit from rights under the US constitution), these discussions are brief and the vast majority of the book is devoted to issues that are applicable to the situations in other countries. Furthermore, the authors make good use of recent corporate history to illustrate the points that they are making and the events that they refer to are generally widely known outside the USA (e.g. the Deepwater Horizon explosion and oil spill that cost BP Plc a huge amount of money and the Herald of Free Enterprise disaster).

There are two basic approaches to the attribution of moral responsibility. The first, a metaphysical approach, is adopted by Pettit. He argues that corporations (and, indeed, many other organisations and human groups) are “conversable agents”, by which he means that “in normal unrigged circumstances [a corporation] maintains certain purposes, forms reliable representations of its environment, and acts reliably so as to satisfy its purposes according to those representations” (page 17) and “corporations can use words as the means of forming their purposes and representations” (page 19). In short, he suggests that corporations are analogous to human beings in relation to the things that he considers matter for the attribution of moral responsibility.

Bratman and Peter French agree with this. Bratman argues that a group may be held responsible for its actions even in circumstances which there is no shared intention among members of the group, whilst French suggests that the moral responsibility of an organisation may vary over time as its composition and “self-told narrative” changes.

In contrast, Waheed Hussain and Joakim Sandberg arrive at the attribution of moral responsibility by means of what they call “normative functionalism” rather than metaphysics. They expressly reject “pre-institutional” corporate moral agency (i.e. Pettit’s approach, page 66) and argue in favour of attribution of moral responsibility by asking “what forms of treatment for business corporations would serve the justifying aims of the competitive market” (page 67). Pursuing this pragmatic, positivist view of moral responsibility, they suggest that “issues about when and how to treat groups of individuals as collective agents are best understood as interpretative questions about specific social practices” (page 75). Hence, “there is no one right way to treat a group of individuals as a collective agent: different forms of treatment are appropriate in different domains and contexts” (page 76).

The authors who oppose the attribution of moral responsibility also display a diversity of approaches. For example, John Hasnas is prepared to assume that Pettit has established that corporations can be held morally responsible and he thus focuses on whether they should be, but others are less reticent. David Rönnegard and Manuel Velasquez confront Pettit’s arguments head on; Amy Sepinwall argues that blame is only appropriate in relation to those who can feel guilt and experience punishment, which a corporation cannot; and Ian Maitland trenchantly says, “I have carefully avoided entering the debate over the metaphysical or ontological status of the corporation or other collective actors. That way lies madness” (page 119).

Nonetheless, there are common themes that emerge from the essays of those in the “anti” camp. Maitland speaks for them all when he says that “the anthropomorphization of the corporation has become a source of mischief, manipulation, or abuse” (page 106) and they share a strong belief that the responsibility deficit that Pettit fears would exist if corporations were not held to be morally responsible is illusory. It is, to use Hasnas’s term, a “phantom menace” (page 94). Having examined Pettit’s arguments, Hasnas suggests that they would only hold good if the inability to assign moral responsibility to corporations precluded the assignment of any kind of responsibility. This, he points out, is patently not the case since “Moral responsibility is not a pre-requisite for the assignment of civil, administrative, or ‘metaphorical’ responsibility” (page 95).

Underlying this is a wider issue: some of the authors (e.g. Hussain and Sandberg) use the terms “moral responsibility” or “responsibility” remarkably loosely. They sometimes appear to drift into confusing legal responsibility for moral responsibility and, within the category of legal responsibility, fail to distinguish between different kinds of liability (e.g. strict, “no blame” liability versus liability based upon attributed blame and criminal versus civil liability).

These confusions disguise the fact that the authors who favour the attribution of moral responsibility fail to explain exactly what they believe the practical consequences of that attribution would be. Hasnas recognises this issue and suggests that the only practical implication would be the attribution of criminal liability. However, even this concedes too much: there is no reason why moral responsibility and criminal responsibility should be linked in this way. The criminal law does not view moral responsibility as being a necessary requirement for the imposition of liability (c.f. strict liability offences such as many motoring offences) and, in any event, the moral responsibility of an individual may be, and sometimes is, attributed to a corporation for the purposes of criminal law (c.f. the English law of fraud). It is, in fact, difficult to see that there is any practical outcome for which the imposition of moral responsibility on corporations is either a necessary or a sufficient pre-condition.

The book is not without failings. In particular, the final two chapters (by Kendy Hess and Nien-Hê Hsieh) are disappointing. They are presented as an attempt to synthesize the points made by others, to demonstrate a substantial measure of agreement between the two opposing positions and to point a way forward for the debate. However, both authors are proponents of ascribing moral responsibility to corporations and their reasoning comes across as an attempt to demonstrate that those who are against such ascription are actually in favour of it after all! For example, Hsieh states that what emerges in his discussion of the issues is “that by assuming business firms are moral agents” one can “sidestep long-standing debates about the purpose of the for-profit business firm” (page 190). Hsieh recognises the obvious problem with this, namely that it assumes moral agency, which is precisely the point at issue. However, his attempt to break out of the circle through redefining the purpose of corporations is unconvincing. Perhaps no synthesis of the opposing arguments is possible.

More seriously, taken as a whole, the essays suffer from a glaring omission: all of the authors appear expressly or impliedly to view morality as a human construct and none of the essays examines this assumption. Christians and other monotheists will take issue with this. If a personal God exists, then moral responsibility is ultimately to do with a person’s relationship with that God: to say that someone is “morally responsible” is to say that they are accountable to God in relation to their behaviour. On this basis, a corporation cannot be morally responsible. It may be legally responsible but being (at most) a human legal creation, it cannot in any meaningful sense be accountable to God.

Hence, monotheists must surely reject the metaphysical concepts of Pettit, Bratman and French and  also Hussain and Sandberg’s normative functionalism as an account of moral responsibility: if God is the source of moral responsibility then Orts’ argument that moral responsibility should be imposed on a firm “if only for pragmatic reasons” (page 218) must be rejected.

Monotheists may nonetheless agree that some of what Hussain and Sandberg say is a useful guide to the circumstances in which society might decide to impose legal responsibility on corporations. Hasnas’s insistence on a careful distinction between different kinds of responsibilities is thus crucial. However, before leaping to the conclusion that even legal responsibility should be imposed, it is essential to take account of the danger, highlighted by Hasnas, Maitland and Sepinwall, that one ends up punishing the wrong people and also to face the possibility that our desire to ascribe moral responsibility to corporations is simply a manifestation of our desire to blame someone whenever anything goes wrong.

Shareholders and, potentially, employees of corporations indirectly suffer as a result of the actions taken by regulators and law enforcement agencies on account of wrongdoing on the part of the managers of the relevant corporations. Hasnas, with pardonable exaggeration, describes this consequence as “antithetical to the fundamental tenets of liberalism” (page 94); Rönnegard and Velasquez rightly refer to the collapse of Andersen following the Enron scandal as an example of the issue, noting that tens of thousands of partners and employees suffered as a result of the indictment of Andersen on account of a few individuals; and Maitland is scathing about the modern tendency of law enforcement agencies in the USA to seek deferred prosecution agreements with corporations rather than pursuing the individuals within those corporations who have been responsible for the relevant wrongdoing (a tendency that is also manifest in the UK and elsewhere in the world), suggesting that this effectively allows those who are really to blame for a problem to use the company’s money to avoid personal responsibility. He reminds the reader of Professor John Coffee’s pithy characterisation of this as a “de facto sale of indulgencies” (page 110).

Hussain and Sandberg counter this by suggesting that imposing penalties on someone may be justified as “an incentive for them to act in a supervisory capacity”. This is true but it follows that such penalties need to be restricted to punishing the failure to exercise supervision and, clearly, should not be imposed on people who have no power to exercise it (as is the case with many shareholders and employees associated with particular corporations).

These points demonstrate the enormous breadth of the issues associated with the attribution of responsibility to corporations. The public debate about this is bedevilled by muddled thinking and ill thought through emotional responses. The Moral Responsibility of Firms is an important and high quality contribution to this debate. It deserves to be widely read.

 

“The Moral Responsibility of Firms” edited by Eric W. Orts and N. Craig Smith was published in 2017 by Oxford University Press (ISNB 978-0-19-885705-1). 223pp.


Richard Godden is a Lawyer and has been a Partner with Linklaters for over 25 years during which time he has advised on a wide range of transactions and issues in various parts of the world. 

Richard’s experience includes his time as Secretary at the UK Takeover Panel and a secondment to Linklaters’ Hong Kong office. He also served as Global Head of Client Sectors, responsible for Linklaters’ industry sector groups, and was a member of the Global Executive Committee.

 

Richard Godden: “The Social Licence for Financial Markets” by David Rouch

In the aftermath of the Global Financial Crisis, Mark Carney, the former Governor of the Bank of England, coined the concept of a “social licence” for financial markets and, in the Forward to David Rouch’s book, he commends Rouch for the progress he has made in defining a framework for this social licence.

Rouch’s basic thesis is concisely summarised in a six-page overview at the start of the book. He acknowledges that “Capitalism in one form or another is the only realistic option for meeting a host of human needs” (page xx). However, he also recognises that there has been a breakdown of trust of the kind that Mark Carney has identified and that “the usual toolkit of laws and regulations has been powerless to heal the fracture between the financial sector and surrounding society” (page xx). He suggests that the view that financial markets are really only about money-making is wrong and that recognition of a social licence is “both an observation about the relationship between finance and society and an expression of aspiration about how it could be at its best” (page xxii). Rouch wants to ensure that this recognition becomes universal and argues that paying attention to it “has the potential to help reorientate the individual relationships that comprise the wider relationship between finance and society, by strengthening positive reciprocity” (page xxiii). This, in turn, leads to various policy proposals designed to bring an overarching “social licence” narrative to financial market practice and regulation.

The resulting book is not an easy read. Rouch expresses the hope that traders, directors, lawyers, campaigners, regulators, academics, politicians and policy makers will approach finance differently as a result of what they read in it but even many of them will find it heavy going. Some parts are highly specialist (the 22 page “Written Standards Map” at the end of Chapter 5 being an extreme example of this), the language throughout is complex and a lot of the book is devoted to discussions of psychological, sociological and philosophical issues (e.g. theories of group behaviour and human motivation and concepts of human dignity and justice).

Rouch appears to be conscious of this issue and provides what he describes as a “Fast Track” summary at the start of each chapter, which sets out the key messages of the chapter and its main implications. He also frequently reminds the reader of what has been said earlier in the book and points to the direction of travel of his argument. Unfortunately, however, these devices do not completely solve the problem and they result in both a significant amount of repetition and an over self-conscious stress on the structure of the book.

Those who persevere will, however, find much food for thought and, probably, plenty to applaud in what Rouch says. Most fundamentally, he is surely right in asserting that markets are in fact, and should be, about more than simply making money. The knee jerk reaction of people (including market participants) to the effect that they care about nothing other than money can be proved to be wrong not only by reference to modern behavioural psychology but very simply through questions and answers posed to market participants. Moreover, the suggestion that markets should have a broader purpose is consistent with most major ethical systems, whether religious or secular.

Rouch is also surely right in recognising the power of ideas, or “narratives” as he calls them. If people believe that they are operating in a dog-eats-dog world constrained only by a jumble of complex regulations, they will behave differently and they would if they believed that they were working in an environment having a broad social purpose in which the relevant rules are, however imperfectly, reflections of that purpose. Furthermore, market and corporate culture exerts its own pressure for good or for ill. In part, these things explain why good people do bad things or, conversely, why even bad people may be constrained by the culture in which they find themselves.

In this connection, it is good to see Rouch acknowledge “the idea that legally enforceable regulatory rules that overlap with aspirational standards may diminish the force of the latter” (page 189) as well as the fact that “you cannot ultimately legislate for a sense of urgency. Nor can you force people to have a healthy relationship or to be trustworthy” (page 9). It is also encouraging to see his repeated references to issues of trust, which recognise that market behaviour comes down to the actions of individuals and groups of people and that relationships are key to the achievement of desired outcomes.

That said, there is a serious problem at the heart of the book: Rouch’s definition of “the social licence for financial markets” is vague. Indeed, he himself recognises that “Defining the substance of the social licence is … challenging” (page 133). He frequently says what it is not: It is “not a ‘mere’ metaphor” (page 113), it is not a “social contract” (page 115) and it is not to be identified with the “social licence to operate” that has been perceived in relation to other industries, particularly extractive industries (page 117). Furthermore, it is not to be identified with the legal authorisations which are required in order to be a market participant. It is, on the contrary, something that is granted by society as a whole and it “can be treated as granted to the extent that those in society have given their justified trust to financial operators, trust based on solid reasons for believing that those in financial markets will carry on business in a way that is consistent with the licence” (page xxii). It comprises “a freedom to pursue just ends by just means in financial markets, where justice is a situation in which the human dignity of market participants and those affected by their activities can be experienced most fully” (page xxii, italics in the original).

Almost every element of these statements gives rise to serious issues. For example, since most members of society (including many who are well educated) will have little idea of what the financial markets do let alone how they operate, in what sense can they be said to give “their justified trust … based on solid reasons”? In any event, what society are we talking about? Rouch appears to be having regard to nation states (or, perhaps, some super-national entities like the European Union) but is that realistic in a modern globalised world? Equally seriously, since there is no common understanding of the concept of “just” behaviour in society (see, for example, “What is Economic Justice?” by Andrew Hartropp), how can this form the basis of an adequate definition of the social licence?

Rouch acknowledges some of these difficulties, including the lack of consensus in relation to some key concepts such as the nature of “justice”, (page 135) but he believes that there is sufficient high-level consensus to render the concept of the social licence itself viable. Unfortunately, however, one may legitimately doubt whether this is true and ask whether the vague language of “social licence” has the effect of generating the appearance of agreement among those who use the term, without its reality. For example, as Hartropp demonstrates, an approach to justice that is based upon rights or needs will necessarily arrive at completely different conclusions from an approach that is based on due rewards or deserts and concepts based on justice in production will talk of completely different things from a concept based on justice in distribution (which, incidentally, Rouch appears to adopt).

There also seem to be problems in evaluating the role of laws and regulations in relation to the “social licence”. Rouch regards these laws and regulations as both evidence for such a licence and, to some extent, indicative of the terms and conditions of the licence. However, it is surely arguable that ever increasing regulation is indicative of the withdrawal or, at least, restriction of the terms of the “licence” rather than evidence of its grant. Furthermore, Rouch relies heavily on written materials produced by a variety of sources as the evidence of the terms of the licence and one is left with the impression that he has simply included “soft law” and related matters within his concept without really altering the regulation-based framework which he has previously recognised to be inadequate.

Some other questionable aspects of Rouch’s underlying analysis are less fundamental but nonetheless important in relation to the impact of his proposals. In particular, he places great stress upon the need to promote “other regarding behaviour” in contrast to “self-interest”. This is obviously morally right but, as Adam Smith long ago famously demonstrated, the two categories are not completely discreet. The building of trust may involve “other regarding behaviour” but, as Rouch recognises, it is absolutely necessary in business relationships and even the most self-interested person will need to have regard to this in order to advance their own interests. Similarly, most people have a desire for the approbation of others and this too may involve behaviours that, from one perspective, are other regarding but, from another perspective, are self-interested. In places, Rouch appears to acknowledge this and he clearly does not believe that the pursuit of profit is wrong in itself but, if his goal of widespread recognition of the “social licence” is to be realised, it would be desirable to avoid an undue bifurcation of motivations and instead to ensure that the narrative recognises that self-interested and other regarding behaviour are not in opposition as often as may sometimes be thought.

As one reaches the end of the book, one is left with a nagging feeling that the concept of a “social licence” is too vague and hard to get hold of for it to be capable of comprising the compelling narrative that Rouch rightly believes to be necessary to replace the distorted narrative of unbridled self-interest that is often wheeled out even by those within the financial markets. Might it not be better to focus on a simpler narrative?

Such a narrative might commence by focussing (as the book does) on the clearly evidenced positive role of financial markets within society, thus addressing both self-esteem of those within the markets who desire to be doing something worthwhile and the misplaced hostility of some outside; it might demonstrate how the aspirations of organisations operating in the financial sector and the personal aspirations of those who work for them (including financial aspirations) are advanced rather than held back by “other regarding behaviour”, which (as Rouch also agrees) is thus not code for abandoning the pursuit of profit let alone a demand that financial institutions turn themselves into quasi-charities; and it might stress some simple ethical values that are neither obscure nor disputed among reasonable people. 

In doing this, the narrative could build on concepts that are well understood, widely accepted and of proven worth such as the hard monetary value of trust and brand reputation, the role of client/customer focus in developing this, the need for long term business sustainability and the motivational impact on staff of being an organisation that is known for its high standards, including ethical standards.

Such an approach would focus on the culture of financial services organisations rather than metaphysical concepts. It would avoid the obscure language of the “social licence” with the negative over-tones of constraint and implicit threat that may be perceived in it and replace it with a simpler and more positive narrative which invites participants in the financial markets to take pride in what they are doing and recognise that they will best prosper, both financially and otherwise, in an environment that is ultimately beneficial to society as a whole.

 

“The Social Licence for Financial Markets” by David Rouch was published in 2020 by Palgrave Macmillan (ISBN 978-3-0-30-40219-8) 327pp excluding bibliography.

 


Richard Godden is a Lawyer and has been a Partner with Linklaters for over 25 years during which time he has advised on a wide range of transactions and issues in various parts of the world. 

Richard’s experience includes his time as Secretary at the UK Takeover Panel and a secondment to Linklaters’ Hong Kong office. He also served as Global Head of Client Sectors, responsible for Linklaters’ industry sector groups, and was a member of the Global Executive Committee.

 

 

 

Andrei Rogobete: “The Gospel at Work” by Sebastian Traeger & Greg Gilbert

 

“The Gospel at Work” by Sebastian Traeger & Greg Gilbert is a relatively recent addition (published 2018) to the cohort of literature that aims to focus on faith within the workplace. This is a topic that likely stirs interest from secular and religious audiences alike. What role does a person’s faith have at work? How should work be understood by Christians? How can we develop a biblical understanding of work? These are just a few of the main questions addressed in the book.

The authors bring together relevant and varied knowledge on the issue. Sebastian Traeger is a former technology entrepreneur and current Vice President of the International Mission Board for the Southern Baptist Convention. Greg Gilbert is the author of several books and currently serves as the senior pastor of Third Avenue Baptist Church in Louisville, Kentucky.

The central message or ‘thesis’ of the book is that, regardless of your job, you are ultimately working it for God, “Who you work for is more important than what you do” (page 17). This is, as the book points out, contrary to what “the world” considers successful and important.

The premise is based on the words of the apostle Paul in Ephesians 6:7 where he calls to Serve wholeheartedly, as if you were serving the Lord, not people”. Yet the focus is not just on the action itself, but also the attitude of heart. In Colossians 3:22 Paul calls people to work with “…sincerity of heart and reverence for the Lord” (page 16).

“The Gospel at Work” is devised into eleven main chapters and here we will touch upon some of the main points that arise.

Chapters I and II start with a dichotomy that sets the tone for the rest of the book: “The Idolatry of Work” versus “Idleness in Work” (pages 13 & 23). Traeger and Gilbert capture well the two extremes that many Christians risk falling into: making work their idol on one end, or rejecting it as anathema to God’s purpose for their lives on the other end.

There is nothing wrong with ambition or determination in our careers. However, the authors rightly point out that “trouble starts when our pursuit of enjoyment or influence or status in our work begins to make our work the source of ultimate satisfaction or meaning for us” (page 25).

Equally damaging on the other end of the spectrum is ‘idleness’ at work. Idleness here does not necessarily mean to be idle per se (while others provide for you), but rather a more subtle expression “that has less to do with productivity of our hands and everything to do with the motives and desires of our hearts” (page 35).

Chapters III to V take the discussion further and develop guidance on issues such as the gospel in work, God’s purpose for us, and choosing a job or career path. An interesting point is made on the correct order of priorities when making career choices expressed in the form of a pyramid. God sits at the foundation, serving others is in the middle, and loving the ‘self’ is the tip of the pyramid coming third (page 75). The book recognises that in reality, these priorities are often reversed: the self comes first, pleasing others is second, and serving God is third (page 79). The authors propose that as a remedy Christians must keep the right perspective: work is temporary, God is eternal (page 81).

Chapters VI to VIII continue with practical applications such as balancing work with faith and family, managing work relationships, and what it means to be a ‘Christian boss’. A useful discussion can be found on the nature of competitiveness in the workplace where the authors (rightly) argue that, “It’s not competition the Bible forbids, but rather the world’s playbook for competition. […] Win by running faster not by tripping all your competitors” (page 106).

The final chapters IX to XI take a more outward look and consider topics such as sharing the gospel in a secular space, the value of full-time ministry, calling, and defining success. On the latter the book makes the point in not defining ‘success’ by what the world considers ‘success’ but rather in the ability to one day stand before Jesus and say “Lord, where you deployed me, I served well. I gave it my all. I worked at it with all my heart because I was working for you, not for human masters” (page 158).

In concluding, “The Gospel at Work” is an excellent resource for anyone interested in the topic of faith within the workplace. It combines practice and theory well, using clear examples and principles that are backed by scripture. One point of contention could be that the authors write with great certainty. On one level this is perhaps not bad thing but on another it does, at times, make the book read like a ‘self-help’ piece of literature – one that was made to hit bestselling charts. Problem A is solved by doing X, Y, Z. I am sure, however, that this was not the author’s intent.

It is perhaps more of an observation than a direct critique. Yet one cannot help but feel that God’s “…ways are above [our] ways…” (Isaiah 55:9). There is an element of God’s mystery in life that often cannot be solved by simply following a clear set of instructions (good and correct though they may be). This perhaps an aspect that could have been developed more in the book. Nonetheless, it is a recommended read for anyone with an interest in the subject.

 

“The Gospel at Work” by Sebastian Traeger & Greg Gilbert was published in 2018 by Zondervan, 160pp.


Andrei E. Rogobete is the Associate Director of  the Centre for Enterprise, Markets & Ethics. For more information about Andrei please click here.

 

 

 

 

 

Andrei Rogobete: “The Ethical Algorithm” by Michael Kearns & Aaron Roth

The Royal Academy of Engineering predicts that algorithms or Artificial Intelligence (AI), will become prevalent in “…most, if not all, aspects of decision-making” (April 2017). Algorithms benefit from a growing presence in key areas such as government, healthcare, education, financial industries, and of course, technology. Yet this is for good reason: they are highly efficient and effective, certainly far more than the average person. This is particularly true when dealing with large amounts of data where algorithms simplify complexities and present them in a more digestible, applicable form. In sectors such healthcare, algorithms quite literally save lives.

However, increasingly complex and penetrative algorithms can lead to some less desirable outcomes. They may lack nuance to changing scenarios, they may be unable to deal with subjectivity, or in certain cases their output may appear brutish.

This raises serious ethical and moral questions: can a degree of morality or ethical values be implemented within algorithms? Can they be made to reflect societal views and norms?  Can we even agree on any particular set of ‘common values’?  If so, how or to what degree might they be implemented within the structure of algorithms? These are just a few of the broader questions raised by “The Ethical Algorithm: the science of socially aware algorithm design” by Michael Kearns and Aaron Roth.

The authors bring together a comprehensive list of credentials. Dr Kearns has spent his career in the field of computer science and worked with AT&T Bell Labs where he was appointed head of the AI department. Dr Kearns is currently a Professor at the University of Pennsylvania and Chair of the National Center within the Department of Computer and Information Sciences. Dr Routh also has a background in computer science and is currently Associate Professor at the University of Pennsylvania. His research interests include Data Privacy, Game Theory, Machine Learning, and Algorithms.

The aim of the book is to dive “…headfirst into the emerging science of designing social constraints directly into algorithms, and the consequences and trade-offs that emerge” (page 16). More specifically, the book argues that in order to, “…make informed decisions we need to be able to understand the consequences of deploying certain kinds of algorithms and the costs associated with constraining them in various ways” – whilst acknowledging that technology alone may not be able to “…solve complicated social problems” (ibid).

An intriguing truth is that we are the data (page 2). We are not just users of data but through our activity we become creators of data. More importantly, the data in turn is being used to make decisions about us and sometimes, as the book points out, these can be very “consequential” decisions.

The structure of the book is devised in six chapters and the language is aimed at a non-specialist audience. However, there some “technical “parts that may require more of the reader’s attention and time. This will likely cause prospective readers to go through certain sections or chapters at a differing pace.

Chapters I and II look at issues surrounding privacy and the concept of ‘fairness’ within algorithmic design. There is an interesting reflection on how Netflix has used movie preferences of users to potentially reveal highly sensitive information such as sexual orientation, political affiliation and personal interests (pages 24-26). It demonstrates how an initial privacy agreement can rather quickly escalate into a much greater issue with significant consequences.

Chapters III and IV further the discussion by attempting to analyse various social outcomes of algorithmic design. This section also considers some of the shortcomings of the scientific data on algorithms. The internal structures of common navigation apps such as Google Maps and Waze are discussed and it becomes quite intriguing to discover how they can coordinate traffic around congested areas to yield the best possible outcomes in terms of time and distance of travel. For instance, the ‘Maxwell Solution’ (page 105) poses an algorithmic conundrum: the quickest route of each individual driver is not congruent with the quickest route for all drivers collectively.

Chapter V and the Conclusions reflect on the societal and ethical implications. The authors themselves recognise that algorithms are playing an increasing role in people’s lives. In new technologies such as autonomous transportation, healthcare, or defence, there may be decisions that “…we never want algorithms to make, period – even if they make them ‘better’ than humans” (page 176). It is argued for instance that the decision to kill another human being should never be taken solely by an algorithm (page 178).

“The Ethical Algorithm” by Michael Kearns & Aaron Roth is recommended for anyone with an interest in technology and the ethical implications of our increasing use of algorithms. That is not to say that it is flawless – one can sense that at various points throughout the book the authors become overly zealous in viewing the world exclusively through a computer science lens. Everything becomes a problem that computer science can fix (or at least try).

We must be realistic that there is a fine line between automation and human input. Managed poorly, it can result in catastrophes like the crash of two brand new Boeing 737-Max 8 jets. We all want to increase efficiency but what is the exact cost of losing the ‘human touch’?  Indeed, can we even agree on exact “societal norms” and “values”? Not only are they constantly evolving concepts, but they are also highly subjective in parts. Does this mean that certain algorithms would have to be continuously updated to “reflect” society’s shared values? And who is to determine what these values are? These are questions that require careful consideration and thorough answers. It is for our benefit because one thing is for sure: algorithms will play an increasing role in the public and private spheres.

 

“The Ethical Algorithm” by Michael Kearns & Aaron Roth was published in 2019 by Oxford University Press, (ISBN 0190948205, 9780190948207), 232 pp.


Andrei Rogobete

Andrei E. Rogobete is the Associate Director of  the Centre for Enterprise, Markets & Ethics. For more information about Andrei please click here.