Business Ethics

Business Ethics Phil 25a, Spring 2017

Monday, Wednesday and Thursday, 1:00-2:00 Instructor: Ben Sherman Office: Rabb 306 Email: [email protected] Office Hours: Monday 12:00-1:00 and Wednesday, 11:00-12:00; or by appointment

Course Description This course offers an introduction to ethical theory and ethical reasoning, as they relate to business issues in particular. Said introduction will be divided into three main parts. The first part of the course will introduce general ethical theories, focusing especially on theoretical justifications for obeying the law, respecting private property, and keeping contracts. The second unit will focus on some central ethical problems that arise in business situations. In the final unit we examine particular ethical questions, selected in part on the basis of students’ expressed interests.

Four-Credit Course (with three hours of class-time per week) Success in this 4 credit hour course is based on the expectation that students will spend a minimum of 9 hours of study time per week in preparation for class (readings, papers, discussion sections, preparation for exams, etc.).

Learning Goals 1. Acquire a familiarity with some of the most influential positions, debates, and lines of inquiry in discussions of business ethics. 2. Develop the skills involved in good ethical thinking: analysis of problems and questions, judicious interpretation, careful argumentation, and awareness of context and nuance. 3. Refine a tentative ethical position on controversial topics in business ethics, including views about what should be done, what should be studied further, and what sorts of considerations might be relevant to these position. 4. Build or reinforce good writing practices through substantial writing projects, in-class workshops, and paper revisions.

Laptop Policy No laptops, please, as they are apt to distract from class discussions.

Academic Integrity All material submitted for a grade should be the student’s own original, independent work. All uses of others’ work should be properly documented through notes and citations. Unauthorized collaboration, plagiarism, and any other violation of University policies on academic integrity will result in disciplinary action, which can include grading penalties, suspension, or dismissal. If you have questions about what constitutes academic dishonesty, please consult the Rights and Responsibilities Handbook, contact the Office of Student Development and Conduct, or ask the instructor. More information can be found at http://www.brandeis.edu/studentaffairs/srcs/index.html. Disability Please let me know as soon as possible if you have a documented disability on record at Brandeis. I will be glad to make the appropriate arrangements.

Grading Preliminary exam, 5% 4-6 page paper, 20% Midterm exam, 25% Final 8-10 page paper, 35% Homework assignments, 10% Class participation, 5%

Penalty for late work Assignments are to be turned in by the beginning of class the day they are due. Late work will be penalized a mark for each day (24 hours) past the deadline (e.g., homework one day late will fall from check to check-minus; a paper that would otherwise have earned a B- will fall to a C+ if handed in within 24 hours after the deadline, to a C if between one and two days after deadline, etc.)

Course Requirements: All students will be required to engage with the ethical questions presented in class, through careful consideration of the texts assigned, demonstrated in written work to be done at home and on exams in class. Work will be evaluated both on the basis of whether it shows knowledge of course materials, and whether it demonstrates the student’s ability to engage in original analysis and argumentation. Late Work: Assignments are to be turned in by the beginning of class the day they are due. Late work will be penalized a mark for each day past the deadline (e.g., homework one day late will fall from check to check-minus.) Attendance: For each unexcused absence after the fourth, a student’s grade will be lowered by a third of a letter grade (e.g. B- to C+). Attendance records will be taken at the beginning of class most days. A fair amount of important material will be presented only in lectures, and class discussions will be an important opportunity for students to hone their skills at reasoning, argument, and articulating positions. Class Schedule (“DJMC #” indicates page numbers from DesJardins and McCall’s Contemporary Issues in Business Ethics anthology. Readings marked “Latte” will be available on the class Latte website.) Any changes will be announced in class in advance. Unit I: Free Market Theory and Ethical Theory Weds 1/18: Introduction

What Ethics Is about, and Free Market Theory Thurs 1/19: Ethics and Ethical relativism DJMC 1-7 Mon 1/23: DJMC 7-8 Milton Friedman, “The Social Responsibility of Business Is to Increase Its Profits,” DJMC 8-11 Albert Carr, “Is Business Bluffing Ethical?” DJMC 258-265

Fundamental Questions Why should we obey the law? Weds 1/25: Thomas Hobbes, Leviathan, ch. 13 and 14 (Latte) Thurs 1/26: John Rawls, “Legal Obligation and the Duty of Fair Play” (Latte)

Why respect property rights? Mon 1/30: John Locke, Second Treatise of Government, ch. 5 (Latte) Weds 2/1: David Hume, An Enquiry Concerning the Principles of Morals, sect. III (Latte) Thurs 2/2: Garrett Hardin, “The Tragedy of the Commons” (Latte) David Schmidtz, “The Institution of Property” (Latte)

Why should we keep our promises? Mon 2/6: Immanuel Kant, excerpts from Groundwork of the Metaphysics of Morals (Latte)

Is there a further role for law or ethics? Weds 2/8: Derek Parfit, Reasons and Persons sect. 23 and 24

Thurs 2/9: Preliminary Exam

Moral Theories and Ethical Criticism Mon 2/13: Another look at the “Free Market” theory Review Friedman DJMC 11-22 Weds 2/15: Utilitarianism DJMC 26-9, 39-51 Thurs 2/16: Deontology DJMC 30-3, 53-69

Mon 2/20-Fri 2/24: No class, Spring Break Unit II: Central Problems for Business Ethics Corporate Responsibility Mon 2/27: DJMC 71-5 John R. Boatright, “What’s Wrong—and What’s Right—with Stakeholder Management,” DJMC 89-98 Weds 3/1: Lynn A. Stout, “Bad and Not-So-Bad Arguments for Shareholder Primacy” (Latte)

Inequality in Pay Thurs 3/2: Jeffrey Moriarty, “Do CEOs Get Paid Too Much?” (Latte) 4-6 Page Paper Due

Job Security Mon 3/6: DJMC 157-172 Weds 3/8: Tara J. Radin and Patricia H. Werhane, “Employment-at-Will, Employee Rights, and Future Direction for Employment,” DJMC 179-190 Thurs 3/9: Ian Maitland, “Rights in the Workplace: A Nozickian Argument,” DJMC (5) 141-4 (6) 190-193

Fairness and Equal Opportunity Mon 3/13: Sexism and Sexual Harassment Vicki Schultz, “Sex is the Least of It: Let’s Focus Harassment Law on Work, not Sex,” (Latte) Ashley Nelson, “On Leaning Out,” DJMC 232-4

Weds 3/15: Affirmative Action and Diversity Robert K. Fullinwider, “Preferential Hiring and Compensation” (Latte) Richard Wasserstrom, “A Defense of Programs of Preferential Treatment” (Latte) Optional Reading: Judith Jarvis Thomson, “Preferential Hiring” (Latte) Thurs 3/16: Affirmative Action and Diversity General Motors Corp, Amicus Curiae Brief in Support of the University of Michigan (Latte) Claude M. Steele, excerpt from Whistling Vivaldi (Latte)

Honesty, Loyalty and Trust Mon 3/20: DJMC 249-253 Review Carr Weds 3/22: Ronald Duska, “Whistleblowing and Employee Loyalty,” DJMC 265-269 W. Michael Hoffman and Robert E. McNulty, “A Business Ethics Theory of Whistleblowing: Responding to the $1 Trillion Question” (from Whistleblowing: In Defense of Proper Action; Latte) Thurs 3/23: David Lewis, “Whistleblowing in a Changing Legal Climate: Is It Time to Revisit Our Approach to Loyalty and Trust at the Workplace?” (Latte)

Mon 3/27: Midterm Exam Unit III: Other Topics of Interest Note: From here on, the schedule is tentative. Other readings and topics might be selected, on the basis of student suggestions and surveys. Weds 3/29: Workplace Safety James Chelius, “The Occupational Safety and Health Problem,” DJMC 226-232 Earl W. Spurgin, “The Problem with ‘Dead Peasants’ Insurance” (Latte)

Thurs 3/30: Employee Drug Testing DesJardins and Duska, “Drug Testing in Employment” (Latte)

Product Liability and Safety Mon 4/3: DJMC 275-80 John J. McCall, “Fairness, Strict Liability and Public Policy,” DJMC 289-291 Weds 4/5: George G. Brenkert, “Social Products Liability: the Case of Firearms Manufacturers,” DJMC 291-298

Thurs 4/6: The Ethics of Marketing Christians et al, “Advertising in an Image-Based Culture” (from Media Ethics; Latte)

Mon 4/10-Mon 4/17: No class, Passover Break

Weds 4/19: Pollution William FF. Baxter, excerpt from People or Penguins: The Case for Optimal Pollution (Latte) Mark Sagoff, “Why Political Questions Are Not All Economic” (Latte)

Environmental Obligations Thurs 4/20: Norman Bowie, “Morality, Money, and Motor Cars,” DJMC 367-72

Mon 4/24: Joseph R. DesJardins, “Sustainable Business: Environmental Responsibilities and Business Opportunities” DJMC 372-8 Final Paper Proposal Due Weds 4/26: In-class debate

Globalization Thurs 4/27: Thomas J. Donaldson, “Rights and the Global Market” (Latte)

Mon 5/1: Ian Maitland, “The Great Non-Debate over International Sweatshops,” DJMC 416-24

Weds 5/3: Final discussion

Final Paper Due Date: Weds 5/10